1. Definitions

“COMCA”, “we”, “us”, “our” means COMCA Pty Ltd ACN [insert], the operator of the COMCA platform and related services. “Services” means intake, cataloguing, storage, imaging, listing, consignment, sales fulfilment, packing, shipping, returns handling, and related support for trading cards and collectibles. “Client”, “you” means any person or entity using the Services. “Declared Value” means the per‑item value you state at intake or in your manifest, used for liability caps and optional insurance. “Carrier” means Australia Post or any courier selected by you or us. “Policies” means the documents incorporated by reference in Clause 15.

2. Scope of Services & Exclusions

2.1 We provide storage, handling, inventorying, photographing, listing, sales processing, packing and dispatch. 2.2 We do not provide authentication, grading, investment advice, or guaranteed condition outcomes unless expressly stated in writing. 2.3 We are not an insurer. Optional insurance is available only when purchased and confirmed in writing. 2.4 Grading outcomes are subjective and outside our control. No grading guarantees are provided.

3. Account Registration & Affirmations

3.1 You represent that you are at least 18 and the lawful owner of all items tendered. 3.2 You must keep your account secure and are responsible for all activity under it.

4. Intake, Manifests & Evidence

4.1 You must submit a manifest listing quantity, title, set, serial/ID (if any), and Declared Value for each item. 4.2 Undeclared items are not accepted into inventory and cannot be claimed as missing. 4.3 Claims require:

• shipping receipt

• uninterrupted video of packing/unsealing

• photos of contents

• manifest copy 4.4 On receipt, we weigh/scan and may video intake. Our logged counts and photos are prima facie evidence unless you show clear error within 3 business days.

5. Processing Times

5.1 All processing times are estimates only. Delays do not constitute breach. 5.2 Expedited handling is best‑effort unless a paid SLA is in place.

6. Shipping & Risk of Loss

6.1 Risk transfers to us only when items are logged into our inventory system. 6.2 Risk transfers back to you when we deliver items to the Carrier and obtain a scan. 6.3 If you select non‑insured shipping, you assume all transit risk.

7. Liability Cap & Exclusions

7.1 To the maximum extent permitted by law, our total liability for any item is limited to the lesser of:

• its Declared Value; or

• AUD $100 per item, unless optional insurance was purchased and confirmed. 7.2 We are not liable for indirect, incidental, special, punitive or consequential loss, including:

• market fluctuations

• lost profits

• sentimental value

• grading outcomes

• missed sales opportunities 7.3 No Bailment Beyond Liability Cap: You acknowledge that our role is limited to the Services and does not create a bailment with liability beyond the cap above.

8. Customer Obligations & Indemnity

8.1 You must comply with Warehouse Rules and all reasonable directions. 8.2 You indemnify us (and our staff) against all claims, losses, liabilities and costs arising from:

• your breach of these Terms

• false declarations

• illegal or prohibited items

• abusive or unsafe conduct

• fraudulent chargebacks

• third‑party claims caused by your acts or omissions This indemnity does not apply to losses caused by our proven negligence.

9. Fees, Holds & Chargebacks

9.1 Fees are as published and may change on notice. 9.2 You authorise us to deduct fees from sale proceeds or charge your payment method. 9.3 If you initiate a chargeback:

• we may immediately freeze your account and items

• payouts may be suspended

• if unresolved after 60 days, we may liquidate items to recover fees, chargeback amounts and reasonable costs

• we will notify you before liquidation

• liquidation will be limited to the amount required to recover losses

10. Refusal of Service & Termination

10.1 We may refuse service or suspend/terminate accounts for abusive behaviour, repeated violations, unreasonable risk, or suspected fraud. 10.2 We will act reasonably and lawfully.

11. Dispute Resolution & Governing Law

11.1 You must first submit disputes to support and allow 14 days for response. 11.2 If unresolved, either party may refer the dispute to mediation in NSW. 11.3 Failing mediation, the courts of NSW have non‑exclusive jurisdiction.

12. Australian Consumer Law (ACL)

12.1 Nothing in these Terms limits your non‑excludable ACL rights. 12.2 Where permitted, our liability is limited to supplying the services again or paying the cost of having them supplied again.

13. Privacy

13.1 We handle personal information in accordance with our Privacy Policy and the Australian Privacy Principles.

14. Changes to Terms

14.1 We may update these Terms by posting the new version on the website. 14.2 Continued use after the effective date constitutes acceptance. 14.3 When Terms change, you may be required to re‑accept them at next login.

15. Incorporated Policies (By Reference)

The following policies form part of these Terms:

• Consignment Agreement

• Warehouse Rules & Access Policy

• Insurance & Declared Value Policy

• Evidence & Claims Policy

• Returns, Refunds & Chargeback Policy

• Privacy Policy (Australia)

• Acceptable Use & Prohibited Items Policy

• Security & Data Handling Policy

Each policy is published separately and may be updated independently.

16. Force Majeure

We are not liable for delays or failures caused by events beyond our reasonable control, including natural disasters, fires, floods, pandemics, cyberattacks, labour shortages, or Carrier disruptions.

17. Notices

Notices may be provided via:

• email

• your COMCA dashboard

• in‑app notifications

• website announcements

Notices are deemed received when sent.

18. Severability

If any clause is found invalid or unenforceable, the remaining clauses remain in full force.

19. Entire Agreement

These Terms and the incorporated Policies constitute the entire agreement between you and COMCA and supersede all prior discussions or representations.

⭐ STANDALONE POLICIES

📄 Consignment Agreement – COMCA Pty Ltd

1. Appointment & Agency

You appoint COMCA as your limited agent to display, market and sell items on your behalf.

2. Title & Risk

Title remains with you until sale completion. Risk is allocated under the Master Terms.

3. Commission & Fees

Commission tiers and fees (imaging, boosts, grading submission, storage, withdrawal) are as published.

4. Pricing & Offers

You may set minimum list prices. We may accept offers within your authorised range.

5. Payouts

Payouts occur on the published schedule, less fees and adjustments. Chargebacks or fraud may delay payouts.

6. Unsold Items & Withdrawal

You may withdraw items subject to handling fees and outstanding balances. We may request withdrawal if items breach policy or law.

7. Term & Termination

Either party may terminate on 7 days’ notice. Clauses relating to fees, indemnities and liability caps survive termination.

📄 Warehouse Rules & Access Policy

• No floor access without appointment and escort.

• No filming or photography without permission.

• Closed‑toe footwear required.

• Follow all staff safety directions.

• Do not handle any item unless authorised.

• Aggressive, abusive or discriminatory behaviour results in immediate removal and service refusal.

• Customer‑collected items must be signed out.

• From sign‑out, all risk transfers to you.

📄 Insurance & Declared Value Policy

• Declared Value determines liability caps.

• Optional insurance is available for eligible items upon request.

• Coverage attaches only when confirmed in writing and premium paid.

• Exclusions include:

  • inherent vice

  • wear or manufacturing defects

  • grading outcomes

  • market loss

  • mysterious disappearance without evidence

📄 Evidence & Claims Policy

• Claims must be lodged within 3 business days of receipt/notification.

• Required evidence:

  • shipping receipt

  • uninterrupted video of unsealing

  • photos of contents

  • manifest copy

  • serials if applicable

• We may request a police report for suspected theft.

📄 Returns, Refunds & Chargeback Policy

• All sales are final except where required by ACL or due to COMCA listing errors.

• Refunds use the original payment method.

• Chargebacks:

  • we may freeze accounts/items

  • we may offset losses from consignor balances

  • unresolved disputes may result in liquidation after 60 days

📄 Privacy Policy (Australia)

We comply with the Privacy Act 1988 (Cth) and the Australian Privacy Principles.

Purposes:

• account setup

• fraud prevention

• order fulfilment

• customer support

• analytics

Security:

• logical and physical controls

• least‑privilege access

• MFA for staff

Retention:

• retained as required for business and legal reasons

Complaints:

• contact us

• if unresolved, you may contact OAIC

📄 Acceptable Use & Prohibited Items Policy

Prohibited items include:

• stolen goods

• counterfeit items

• weapons

• hazardous materials

• perishables

• items banned by law or Carrier

• explicit or hateful materials

• items infringing IP

Suspicious items may be refused, quarantined or reported to authorities.

📄 Security & Data Handling Policy

Physical:

• monitored premises

• CCTV

• restricted access

• locked cages

• visitor logs

Operational:

• dual‑control for high‑value moves

• inventory audits

• segregation by client

• tamper‑evident seals

Digital:

• role‑based access

• MFA

• encryption in transit

• daily backups