1. Introduction

Welcome to Opal Stories. These Terms of Service ("Terms") govern your use of the Opal Stories website, located at opalstories.com.au (the "Website"), and all content, services, and products available at or through the Website. By accessing or using our Website, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you may not use our Website.

2. Definitions

"Opal Stories," "we," "us," and "our" refer to Opal Stories Pty Ltd, an Australian company.

"You" refers to you, as a user of our Website.

"Content" refers to text, images, audio, video, and all other forms of data or communication.

"User Content" refers to Content that users submit or transmit to, through, or in connection with our Website.

3. Account Registration and Security

To access certain features of our Website, you may be required to register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. You are responsible for safeguarding the password that you use to access our Website and for any activities or actions under your password. We encourage you to use "strong" passwords (passwords that use a combination of upper and lower case letters, numbers, and symbols) with your account. Opal Stories cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

4. Intellectual Property Rights

Our Website and its original Content, features, and functionality are and will remain the exclusive property of Opal Stories. Our Website is protected by copyright, trademark, and other laws of both Australia and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Opal Stories.

All photographs of opals and opal jewelry on our Website are copyrighted by Opal Stories and may not be used without express permission. The unique designs of our custom jewelry pieces are also protected by intellectual property rights.

5. User Content

Our Website may allow you to post, link, store, share, and otherwise make available certain information, text, graphics, videos, or other material. You retain any copyright that you may hold in this User Content. By posting User Content on our Website, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute such Content in any and all media or distribution methods now known or later developed.

You represent and warrant that: (i) the User Content is yours or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your User Content on or through our Website does not violate the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person.

6. E-Commerce

Our Website may include features that allow you to purchase products. All purchases made through our Website are subject to our Privacy Policy.

Prices for our products are subject to change without notice. We reserve the right to modify or discontinue any product without notice at any time. We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of any product.

We take reasonable precautions to ensure that the prices of products are correct at the time they are entered into the system. However, if a product is listed at an incorrect price due to typographical error, or error in pricing information, we reserve the right to refuse or cancel any orders placed for the product listed at the incorrect price.

7. Opal Authentication & Valuation Services

Opal Stories provides opal authentication and valuation services. While we strive for accuracy in our assessments, we cannot guarantee that our valuations will match those of other appraisers or reflect future market values. Market conditions for opals fluctuate, and valuations are subjective professional opinions based on current market conditions and our expertise.

By using our valuation services, you acknowledge that our valuations are estimates and not guarantees of sale or purchase price. We are not responsible for any financial decisions made based on our valuations.

8. Tours and Experiences

Opal Stories offers tours of Australian opal mining regions. By booking a tour with us, you acknowledge that mining sites have inherent risks. You agree to follow all safety instructions provided by our guides and to wear appropriate safety equipment when required.

Tour itineraries are subject to change due to weather conditions, operational considerations, or other factors beyond our control. We reserve the right to cancel tours due to insufficient bookings, safety concerns, or force majeure events. In such cases, we will offer rebooking options or refunds in accordance with our cancellation policy.

9. Disclaimer of Warranties

Our Website and all Content provided on our Website are provided on an 'as is' and 'as available' basis. Opal Stories makes no representations or warranties of any kind, express or implied, as to the operation of our Website or the information, Content, or materials included on our Website. You expressly agree that your use of our Website is at your sole risk.

Opal Stories does not warrant that the functions contained in the Website will be uninterrupted or error-free, that defects will be corrected, or that our Website or the server that makes it available are free of viruses or other harmful components.

10. Limitation of Liability

To the fullest extent permitted by applicable law, Opal Stories shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use our Website; (ii) any conduct or content of any third party on our Website; (iii) any content obtained from our Website; or (iv) unauthorized access, use, or alteration of your transmissions or content.

11. Indemnification

You agree to defend, indemnify, and hold harmless Opal Stories, its officers, directors, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to our Website; (ii) your violation of any term of these Terms; (iii) your violation of any third-party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your User Content caused damage to a third party. This defense and indemnification obligation will survive these Terms and your use of our Website.

12. Governing Law

These Terms shall be governed and construed in accordance with the laws of New South Wales, Australia, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

13. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Website after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use our Website.

14. Contact Us

If you have any questions about these Terms, please contact us at:

Opal Stories Pty Ltd
42 Opal Lane, Sydney
New South Wales, Australia
Email: [email protected]
Phone: +61 2 9876 5432

These Terms of Service were last updated on January 15, 2025.