These Terms and Conditions (“Terms”) govern your access to and use of the Rarearth platform, including the website located at rarearth.co and all associated services (“Platform”), operated by Rarearth Pty Ltd (ACN XX XXX XXX) (“Rarearth”, “we”, “us”, “our”).
By creating an account or using the Platform in any way, you agree to be bound by these Terms. If you do not agree, you must not use the Platform.
These Terms should be read alongside our Privacy Statement, which forms part of our agreement with you.
To use the Rarearth Platform, you must:
By registering an account, you represent and warrant that you meet all of the above requirements.
3.1 Registration You must create an account to list items for sale or complete a purchase on the Platform. You agree to provide accurate, current, and complete information during registration and to keep your account details up to date.
3.2 Account Security You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You must notify us immediately at support@rarearth.co if you suspect any unauthorised access to your account.
3.3 One Account Per User Each individual or business entity may maintain one account on the Platform. Rarearth reserves the right to suspend or terminate duplicate accounts.
3.4 Account Suspension and Termination Rarearth reserves the right to suspend or terminate your account at any time if we reasonably believe you have breached these Terms, engaged in fraudulent activity, or otherwise acted in a manner inconsistent with the integrity of the Platform.
4.1 Marketplace Only Rarearth operates as a marketplace facilitator. We connect buyers and sellers of certified natural stones but are not a party to any transaction between them. Rarearth does not hold inventory, set prices, or act as a buyer or seller on the Platform.
4.2 No Endorsement The listing of an item on the Platform does not constitute an endorsement by Rarearth of the seller, the item, or its stated value. While we verify certification documentation prior to transaction completion, we make no representation as to the investment performance or future value of any item listed.
4.3 Platform Availability We aim to maintain continuous availability of the Platform but do not guarantee uninterrupted access. Rarearth reserves the right to suspend, modify, or discontinue any part of the Platform at any time without notice.
5.1 Seller Responsibilities Sellers are solely responsible for the accuracy and completeness of their listings, including item descriptions, specifications, photographs, and pricing. By submitting a listing, you warrant that:
5.2 Certification Requirements All items listed on the Platform must be supported by valid certification documentation from a recognised grading authority, including but not limited to the GIA, AGS, Gübelin Gem Lab, or for Argyle pink diamonds, an original Rio Tinto Argyle Diamond Identification and Provenance Certificate. Listings submitted without adequate certification will not be approved.
5.3 Listing Approval Rarearth reserves the right to approve, reject, or remove any listing at our discretion, including where we believe the listing does not meet our certification standards, contains inaccurate information, or is otherwise inappropriate for the Platform.
5.4 Pricing Sellers set their own asking prices. Rarearth does not influence, recommend, or control listing prices. Prices displayed on the Platform are in Australian Dollars (AUD) unless otherwise stated.
5.5 Listing Duration and Withdrawal Listings remain active until the item is sold, the seller withdraws the listing, or Rarearth removes it in accordance with these Terms. Sellers may withdraw an active listing at any time prior to a sale being agreed.
6.1 Agreement Between Buyer and Seller A binding transaction is formed between the buyer and seller when a purchase is confirmed on the Platform. Rarearth facilitates this process but is not a contracting party to the sale.
6.2 Verification Prior to Payment Following agreement of a sale, Rarearth will conduct verification of the seller’s certification documentation. Payment is due from the buyer only once verification is confirmed by Rarearth. We reserve the right to cancel a transaction where documentation cannot be verified to our satisfaction.
6.3 Payment Upon verification, payment is processed directly to the seller in accordance with the agreed sale price. Rarearth’s applicable fees are deducted at the point of settlement. All payments are processed through our secure payment gateway.
6.4 Fees The following fees apply to transactions on the Platform:
Rarearth reserves the right to vary its fee structure upon reasonable notice to users.
6.5 Taxes Each party is responsible for their own tax obligations arising from transactions conducted on the Platform, including any applicable GST. Rarearth does not provide tax advice. You should seek independent advice regarding your tax position.
7.1 Rarearth Coordinates Delivery Following payment confirmation, Rarearth will coordinate delivery of the purchased item through a specialist third-party courier. All items are shipped fully insured and with end-to-end tracking.
7.2 Delivery Costs and Timeframes Applicable delivery costs and estimated timeframes will be communicated to the buyer at the point of purchase. Rarearth does not guarantee specific delivery dates and is not liable for delays caused by the courier or circumstances outside our reasonable control.
7.3 Risk and Title Risk in the item passes to the buyer upon successful delivery to the nominated delivery address. Title passes to the buyer upon receipt of cleared payment by the seller.
7.4 Delivery Issues In the event of a delivery issue, including loss or damage in transit, the buyer must notify Rarearth within 48 hours of the expected delivery date. Rarearth will liaise with the courier and insurer to manage the resolution on the buyer’s behalf.
8.1 All Sales Final Due to the certified, high-value nature of items traded on the Platform, all sales are final once a transaction is confirmed and the item has been dispatched. Rarearth does not offer change-of-mind returns.
8.2 Misrepresentation If a buyer believes an item has been materially misrepresented by a seller — including where the item does not match its listed specifications or certification documentation — the buyer must contact Rarearth at support@rarearth.co within 48 hours of receiving the item. Rarearth will investigate and, where misrepresentation is substantiated, will work to facilitate an appropriate resolution between the parties.
8.3 Australian Consumer Law Nothing in these Terms limits or excludes any rights you may have under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)), which cannot lawfully be excluded.
You must not use the Platform to:
Rarearth reserves the right to immediately suspend or terminate the account of any user found to have engaged in prohibited conduct and to refer the matter to the relevant authorities where appropriate.
All content on the Rarearth Platform — including the Rarearth name, logo, website design, copy, and functionality — is owned by or licensed to Rarearth Pty Ltd and is protected by Australian intellectual property laws. You must not reproduce, distribute, or use any of our content without our prior written consent.
Sellers retain ownership of photographs and content submitted with their listings but grant Rarearth a non-exclusive, royalty-free licence to display that content on the Platform for the duration of the listing.
To the maximum extent permitted by law:
Nothing in this clause excludes liability that cannot be excluded under the Australian Consumer Law.
You agree to indemnify and hold harmless Rarearth Pty Ltd, its directors, employees, and agents from any claim, loss, damage, or expense (including reasonable legal costs) arising from your use of the Platform, your breach of these Terms, or any dispute between you and another user of the Platform.
13.1 Between Users Rarearth encourages buyers and sellers to attempt to resolve disputes directly in the first instance. Where a resolution cannot be reached, either party may contact Rarearth at support@rarearth.co to request facilitated dispute resolution. Rarearth’s decision in such matters is final with respect to Platform-related consequences such as account suspension.
13.2 With Rarearth Any dispute between you and Rarearth that cannot be resolved informally will be referred to mediation in New South Wales before either party may commence legal proceedings, unless urgent injunctive relief is required.
These Terms are governed by the laws of New South Wales, Australia. You submit to the non-exclusive jurisdiction of the courts of New South Wales for any dispute arising under or in connection with these Terms.
Rarearth reserves the right to update these Terms at any time. Updated Terms will be published on rarearth.co with a revised effective date. Continued use of the Platform following publication of updated Terms constitutes your acceptance of the changes. We encourage you to review these Terms periodically.
For any questions regarding these Terms, please contact:
Rarearth Pty Ltd Email: legal@rarearth.co Website: rarearth.co
