TCG VALUATIONS – TERMS AND CONDITIONS
Version: 1.5
Effective Date: June 2025
Trading Name: TCG Valuations
(Carter Jones Group Pty Ltd, ABN 11 678 671 335)
Mailing Address: PO BOX 699 Kellyville NSW 2155
Email: team@tcgvaluations.com.au
Phone: 1800 840 270
1. SCOPE OF AGREEMENT
1.1 These Terms and Conditions (“Terms”) apply to all valuation, appraisal, grading, authentication, consulting, and related services (“Services”) provided by TCG Valuations (“we”, “us”, “our”) to any client (“Client”, “you”, “your”).
1.2 By submitting any item, engaging our Services, or accepting a report or certificate, you agree to these Terms in full.
1.3 These Terms operate subject to and in conjunction with TCG Valuations’ Financial Services Guide (FSG), Professional Indemnity Insurance PDS, and any other disclosures provided to the Client. In the event of inconsistency, these Terms prevail except where prohibited by law.
2. ERVICES AND DELIVERABLES
2.1 Service Types:
(a) Valuation: Formal, insurance-eligible valuation following physical inspection and compliance with published methodology.
(b) Market Opinion: Advisory only, issued without physical inspection, not suitable for insurance, legal, or dispute purposes.
(c) Authentication & Grading: Independent review and assessment, which may involve consultation with external experts.
2.2 Reports & Certificates:
(a) Issued in both digital (PDF) and hard copy (paper) formats unless otherwise agreed.
(b) Each report or certificate is valid “as at” the stated date only and is intended as a point-in-time assessment.
3. FEES, PAYMENT & REFUNDS
3.1 All fees for Services are due as specified at the time of order and must be paid prior to commencement of work.
3.2 All fees are non-refundable, regardless of the outcome, including (but not limited to) if the item is subsequently determined to be fake, reproduction, ungradable, or not authentic.
3.3 Additional charges may apply for express/critical service, insurance (see Section 4), third-party authentication, or specialised handling, and will be agreed in advance.
4. ITEM HANDLING, INSURANCE & RISK
4.1 Delivery & Custody:
(a) Client is responsible for arranging and insuring items during transit to TCG Valuations.
(b) Upon receipt and physical logging by TCG Valuations, items are covered by our Professional Indemnity insurance and (if applicable) additional insurance for their period in our physical custody.
4.2 Return Shipping:
(a) Insurance for return shipping from TCG Valuations to Client is mandatory, and Clients may select from available insurance tiers at the time of payment.
(b) Where TCG Valuations arranges shipping, liability for loss or damage in transit is limited to the insured value, and subject to the terms and claims process of the selected carrier and/or insurance provider.
4.3 Risk Allocation:
(a) Risk passes to the Client when the item leaves TCG Valuations’ custody and is handed to the carrier for return.
(b) TCG Valuations is not liable for any loss, theft, or damage during shipping unless covered by the selected insurance tier and subject to the provider’s terms.
4.4 Notification of Loss, Damage, or Potential Claim:
(a) The Client must notify TCG Valuations immediately and in writing if any item is lost, stolen, damaged, or suspected of being tampered with at any time while in the custody of TCG Valuations, or during return transit (where insurance is arranged by TCG Valuations).
(b) Failure to notify promptly may prejudice the Client’s rights under these Terms and any applicable insurance policy.
4.5 Subrogation & Cooperation:
(a) In the event of a loss, the Client agrees to cooperate fully with TCG Valuations, its insurers, and any relevant authorities in any investigation, claim, or recovery action, including providing supporting documentation and evidence as reasonably requested.
(b) TCG Valuations reserves all rights of subrogation under any insurance policy effected for the benefit of the Client.
4.6 Force Majeure:
(a) TCG Valuations is not liable for any delay or failure in performance resulting from events beyond its reasonable control, including but not limited to natural disaster, act of war, terrorism, cyberattack, government order, postal or carrier strike, or loss due to acts of third parties not within TCG Valuations’ control.
5. SCOPE, LIMITATIONS & EXCLUSIONS
5.1 Methodology:
(a) All Services are performed in accordance with TCG Valuations’ published methodology, available on request and at tcgvaluations.com.au
(b) No preliminary or informal valuations or appraisals are given prior to full inspection.
5.2 Fakes, Reproductions & Ineligible Items:
(a) If an item is determined to be a fake, reproduction, or otherwise not eligible for valuation or grading, the full fee remains payable and no refund will be issued.
(b) TCG Valuations reserves the right to refer such items to relevant authorities, industry bodies, or third-party experts for further review.
5.3 Market Opinion Reports:
(a) Market Opinion reports are advisory only, not insurance-eligible, and may not be used for legal, dispute, or claim purposes.
5.4 Validity & Use:
(a) All reports and certificates are valid only as at the date stated and are subject to changes in market conditions, currency, and other external factors.
(b) Clients are permitted to use, print, and share reports for personal, business, or insurance purposes.
(c) No restriction applies to sharing reports with insurers, brokers, auction houses, or other third parties for legitimate purposes.
5.5 Exclusions:
(a) TCG Valuations does not provide valuation services for real estate, motor vehicles, jewellery, coins, stamps, firearms, comic books, books, magazines, NFTs, or any other excluded categories as listed in the published methodology and on the website.
(b) TCG Valuations may decline to provide Services for any item at its sole discretion.
5.6 Insurance Coverage Limits:
(a) The Client acknowledges and accepts that any insurance provided by TCG Valuations is subject to the policy limits, terms, conditions, and exclusions stated in TCG Valuations’ current Professional Indemnity Insurance Certificate of Currency and associated PDS.
(b) TCG Valuations’ total liability for loss or damage to any item is strictly limited to the amount recoverable under such insurance, or as otherwise required by law.
5.7 Fraud, Misrepresentation & Non-Disclosure:
(a) If TCG Valuations reasonably suspects, or if it is established that, any information provided by the Client is false, incomplete, or misleading, or that any item is a fake, reproduction, or misrepresented in material respects, TCG Valuations may terminate the engagement, retain all fees paid, and refer the matter to relevant authorities or insurers.
(b) In such cases, all insurance coverage and liability is void to the maximum extent permitted by law.
5.8 Exclusions for Consequential and Indirect Loss:
(a) To the fullest extent permitted by law, TCG Valuations excludes all liability for consequential, indirect, or special damages, including without limitation loss of value, market loss, emotional distress, or reputational harm, except as expressly provided in these Terms.
5.9 Limitation Period:
(a) No action or claim may be brought against TCG Valuations in connection with any Service or valuation more than 12 months after the date of delivery of the relevant report or certificate.
6. THIRD PARTY EXPERTS & DISCLOSURE
6.1 TCG Valuations reserves the right to consult with or refer items to external experts, authenticators, or industry professionals as deemed necessary.
6.2 Where such external parties are engaged, TCG Valuations will ensure they possess appropriate credentials and experience.
6.3 Client consents to TCG Valuations sharing relevant information with third parties for the purposes of authentication, dispute resolution, or professional review.
7. INTELLECTUAL PROPERTY
7.1 All methodologies, grading scales, reports, certificates, and any other content produced by TCG Valuations are and remain the exclusive intellectual property of Carter Jones Group Pty Ltd.
7.2 Clients are granted a limited, revocable licence to use, reproduce, and share reports and certificates only for their personal, business, and insurance purposes, and may not resell, adapt, or use for training or competitive commercial purposes without written permission.
8. LIMITATION OF LIABILITY
8.1 TCG Valuations’ liability for any claim (whether in contract, tort, or otherwise) arising from or in connection with any Service is strictly limited to the extent covered by its Professional Indemnity insurance policy, as described in the current Financial Services Guide and Certificate of Currency.
8.2 Under no circumstances shall TCG Valuations be liable for consequential, incidental, special, indirect, or punitive damages, including (but not limited to) loss of profit, loss of opportunity, or emotional distress, except to the extent liability cannot be excluded by law.
8.3 TCG Valuations does not warrant or guarantee the future market value of any item, nor accept responsibility for market volatility or subsequent changes in value.
8.4 Professional Indemnity Reference:
(a) TCG Valuations maintains Professional Indemnity insurance underwritten by Lloyd’s of London (via Keystone Underwriting) with coverage as stated in the current Certificate of Currency.
(b) Any claim or liability arising under these Terms is strictly limited to the amount recoverable under this insurance, and is otherwise excluded to the maximum extent permitted by law.
8.5 Third-Party Claims:
(a) TCG Valuations is not liable for any claim, demand, or proceeding brought by any third party in relation to the Services or any report, except to the extent covered by TCG Valuations’ insurance and not otherwise excluded by these Terms or the insurance policy.
8.6 Reliance, Investment, and Consequential Loss Disclaimer:
(a) The Client acknowledges and agrees that all reports, valuations, appraisals, and opinions provided by TCG Valuations represent the professional opinion of TCG Valuations based on available data and market conditions as at the stated date.
(b) TCG Valuations makes no warranty or representation, express or implied, regarding the accuracy of any prediction of future market value, or the suitability of any report for investment, resale, business, or financial decision-making purposes.
(c) Under no circumstances shall TCG Valuations be liable for any loss, damage, cost, or expense arising from any decision made or action taken in reliance upon a report, valuation, or certificate, including without limitation loss arising from any sale, purchase, insurance claim, or other transaction.
(d) The Client accepts full responsibility for all decisions and outcomes arising from use of the report or valuation, and acknowledges that market values for collectibles and trading cards can fluctuate significantly over time.
9. INDEMNITY
9.1 The Client indemnifies and holds harmless TCG Valuations, its directors, officers, employees, and contractors from and against any loss, damage, claim, or expense arising from:
(a) any false, incomplete, or misleading information supplied by the Client;
(b) any breach of these Terms;
(c) any claim or action arising out of the use or misuse of the report or certificate by the Client or a third party.
9.2 The indemnity in this Section survives termination or expiry of these Terms and continues notwithstanding settlement of any claim or payment under any insurance policy.
10. DATA PROTECTION & PRIVACY
10.1 TCG Valuations will collect, store, and process Client data in accordance with the Australian Privacy Principles and its published privacy policy.
10.2 All records are stored in Australia using secure, encrypted, and access-controlled systems. No data is stored or processed outside Australia.
10.3 TCG Valuations may use anonymised or aggregated data for research, analytics, marketing, or publication, provided no client is identifiable.
10.4 Clients may request access to their data or correction of errors in accordance with the Privacy Policy.
11. CHANGES TO TERMS
11.1 TCG Valuations may amend these Terms at any time by publishing the updated version on its website.
11.2 The Terms in effect at the time of engagement of Services will apply to that engagement.
11.3 Continued use of Services after changes are published constitutes acceptance of the updated Terms.
12. FEEDBACK, COMPLAINTS & DISPUTES
12.1 Clients are encouraged to provide feedback or raise any concerns by contacting TCG Valuations at team@tcgvaluations.com.au or by post to PO BOX 699 Kellyville NSW 2155.
12.2 All complaints will be acknowledged promptly and handled in accordance with the TCG Valuations Complaints Policy (available on request or at tcgvaluations.com.au).
12.3 If a complaint or dispute cannot be resolved internally, either party may refer the matter to an independent review or the Australian Valuers Institute (AVAA) dispute process (if/when membership is active).
12.4 These Terms are governed by the laws of New South Wales, Australia. Any dispute arising under or in connection with these Terms shall be resolved by the courts of New South Wales.
12.5 If a dispute relates to an insurance claim or matter likely to give rise to a claim under TCG Valuations’ Professional Indemnity insurance, both parties agree to use their best endeavours to resolve the matter in good faith, and to cooperate with any insurer-appointed investigator, adjuster, or legal representative.
13. GENERAL
13.1 No waiver of any provision of these Terms is effective unless in writing and signed by TCG Valuations.
13.2 If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions remain in full force and effect.
13.3 These Terms constitute the entire agreement between the parties and supersede any prior agreements, representations, or understandings.
14. GOVERNING LAW AND JURISDICTION
14.1 These Terms, and any dispute or claim arising out of or in connection with them, shall be governed by the laws of New South Wales, Australia, and subject to the exclusive jurisdiction of the courts of New South Wales.
CONTACT DETAILS
TCG Valuations (Carter Jones Group Pty Ltd, ABN 11 678 671 335)
PO BOX 699 Kellyville NSW 2155
Email: service@tcgvaluations.com.au
Phone: 1800 840 270
Website: tcgvaluations.com.au