Gemstonex Terms of Service

Updated: 1 June 2026

1. About these terms

1.1 These Terms govern your access to and use of the Gemstonex platform at gemstonex.com (the Platform), operated by Gemstonex Pty Ltd (ACN 692 780 117) (Gemstonex, we, us).

1.2 By registering for or using the Platform, you agree to these Terms. If you are agreeing on behalf of a business, you confirm you are authorised to bind that business, and you means that business.

1.3 The Platform is a trade-only marketplace for the buying and selling of gemstones between verified businesses. It is not open to consumers.

2. Eligibility and verification

2.1 You may only use the Platform if you are a business operating in the gemstone or jewellery trade and have completed our verification (KYC) process.

2.2 You must provide accurate verification information and keep it current. We may require further information at any time and may suspend access pending verification.

2.3 We may approve, decline, suspend, or terminate any account where we reasonably consider it necessary to protect the Platform, our users, or our compliance obligations.

3. Your account

3.1 You are responsible for all activity under your account and for keeping your credentials secure.

3.2 You must notify us promptly of any unauthorised use.

3.3 Each account is for a single business. You must not share access with, or transfer your account to, any other party without our consent.

4. Our role

4.1 Gemstonex operates the Platform and facilitates the sale of gemstones between verified suppliers and verified buyers. Depending on the transaction, gemstones may be supplied to a buyer by a third-party supplier through the Platform, or by Gemstonex directly.

4.2 In all cases, Gemstonex is the merchant of record and is the buyer's counterparty for the transaction. A buyer's contract for each purchase is with Gemstonex on these Terms. Where a third-party supplier supplies the gemstone, supplier identity is not disclosed to the buyer through the Platform.

4.3 We collect payment, retain our fee, and pay suppliers their share. Payment may be processed through our integrated payment provider or by invoice and bank transfer, depending on the transaction.

4.4 Nothing in these Terms creates a partnership, joint venture, or agency between Gemstonex and any user.

5. Listings (suppliers)

5.1 As a supplier, you may list gemstones for sale through the Platform. Each listing must include the information we require, including (where applicable) carat, shape, colour, treatment, country of origin, certification details, and measurements.

5.2 You are responsible for the accuracy and completeness of every listing. You warrant that:

(a) all information in the listing is true and not misleading, including treatment and country of origin;

(b) you own the gemstone and have the right to sell it;

(c) the gemstone matches its listing and any certificate referenced; and

(d) the gemstone has been lawfully and ethically sourced and may be lawfully sold.

5.3 A listing is an offer by you to sell. A binding contract forms only when we confirm acceptance of a sale through the Platform.

5.4 We may reject, remove, or amend any listing at our discretion, including where we consider it inaccurate, incomplete, or non-compliant.

6. Purchases (buyers)

6.1 As a buyer, when you place an order and we confirm it, you enter into a contract to purchase the gemstone from Gemstonex on these Terms.

6.2 Prices are shown on the Platform and include our fee. Where both supplier and buyer are located in Australia, GST applies and is shown at checkout. Other transactions are quoted tax-exclusive.

6.3 Payment is made through the Platform's integrated payment provider or, for larger or off-platform transactions, by invoice and bank transfer. Card payments are accepted up to USD $5,000 per transaction; above this, payment is by invoice. We are not obliged to dispatch until payment has cleared.

7. Fees and supplier payment

7.1 Our fee is reflected in the price shown to the buyer and is retained by us from transaction proceeds.

7.2 Suppliers are paid their share following the transaction, by the payment method registered on the supplier's account or as otherwise agreed.

8. Title, risk, and shipping

8.1 Title to a gemstone passes to the buyer on dispatch following confirmed payment. As between Gemstonex and a supplier, title and risk pass to Gemstonex no later than dispatch to the buyer.

8.2 Risk passes to the buyer on delivery.

8.3 Suppliers must pack and dispatch gemstones securely and ensure they are insured in transit to the value of the sale price until delivery.

8.4 Shipping is arranged as set out on the Platform. Delivery timeframes are estimates.

9. Returns and discrepancies

9.1 A buyer may return a gemstone that does not match its listing — for example, undisclosed treatment, incorrect origin, a missing or inaccurate certificate, or visible damage not disclosed — by notifying us within [7] days of delivery.

9.2 Where we accept a discrepancy, we will refund the buyer or arrange a replacement.

9.3 Where the discrepancy arises from a supplier's listing, the supplier is liable to Gemstonex for the refund and associated costs, and must accept return of the gemstone and repay us within [7] days.

9.4 Outside the circumstances in clause 9.1, sales are final unless we agree otherwise or you have rights that cannot be excluded (see clause 13).

10. Acceptable use

10.1 You must not:

(a) use the Platform other than for genuine trade purposes;

(b) allow any consumer to use the Platform or buy through you in a way that misuses it;

(c) circumvent the Platform to deal directly with a counterparty you identified through it, so as to avoid our fee;

(d) scrape, copy, or extract Platform data except your own;

(e) introduce malicious code or attempt to disrupt or gain unauthorised access to the Platform; or

(f) use the Platform unlawfully or in breach of these Terms.

11. Confidentiality and supplier identity

11.1 Supplier identities are not disclosed to buyers through the Platform. You must not attempt to identify, or solicit the identity of, a counterparty for the purpose of dealing off-Platform.

11.2 Each party must keep confidential any non-public information about the Platform or other users obtained through use of the Platform.

12. Intellectual property

12.1 The Platform, and all content and software we provide, is owned by Gemstonex or our licensors. We grant you a non-exclusive, non-transferable licence to use it for the purpose of trading on the Platform.

12.2 You grant us a licence to use the content you upload (including listing details and images) for the purpose of operating and promoting the Platform.

13. Australian Consumer Law

13.1 Nothing in these Terms excludes, restricts, or modifies any guarantee, right, or remedy you may have under the Australian Consumer Law or any other law that cannot lawfully be excluded.

13.2 Where our liability for failure to comply with a consumer guarantee can be limited, our liability is limited (at our option) to replacing the gemstone or supplying an equivalent, or paying the cost of doing so.

14. Liability

14.1 Subject to clause 13, and to the extent permitted by law:

(a) we are not liable for any indirect or consequential loss, or loss of profit, opportunity, or business; and

(b) our total liability to you in connection with any transaction does not exceed the price of the gemstone the subject of that transaction.

14.2 We are not liable for delays or failures caused by events beyond our reasonable control.

14.3 The Platform is provided "as is". We do not warrant it will be uninterrupted or error-free.

15. Indemnity

15.1 You indemnify us against loss we suffer arising from your breach of these Terms, your listings, or your unlawful conduct, except to the extent caused by us.

16. Suspension and termination

16.1 You may close your account at any time, provided you have no open transactions.

16.2 We may suspend or terminate your access for breach of these Terms or where reasonably necessary to protect the Platform or our users.

16.3 Clauses that by their nature should survive termination (including 11, 12, 14, 15, and 17) survive.

17. General

17.1 We may amend these Terms by posting an updated version. We will give reasonable notice of material changes. Continued use after changes take effect means you accept them.

17.2 You may not assign your rights under these Terms without our consent. We may assign ours.

17.3 If any provision is unenforceable, the rest continue in effect.

17.4 These Terms are governed by the laws of New South Wales, Australia, and the parties submit to the non-exclusive jurisdiction of its courts.

17.5 Contact: [contact email].