1. General provisions
The following concepts and definitions are used in the agreement:
1.1 The Agreement - the present agreement for the provision of services provided by the Company via the Internet and services for the delivery and storage of gold bars.
Services - registration of orders to buy and sale of investment gold, according to the General terms and conditions of trade deal agreement, as well as control over the completion of orders and the usage of tools for advertising - marketing activities.
The agreement is placed in an electronic form on the Company website and is concluded by the electronic method between the Company and the Buyer, Holder of the order with intermediary of the Company website.
1.2 The Company is the Swissgolden Limited, Internet-shop, which concluded the present Agreement with the Buyer, Holder of the order. The Company is registered at the address: Unit 1010 Miramar tower 132 Nathan RD TST KLN, Hong Kong. Registration number 2157404.
1.3 The Buyer, Holder of the order – capable private person or corporate body.
1.4 Parties – the Company and the Buyer, Holder of the order.
1.5 Website - The website of the Company is available at the Internet address (swissgolden.com) and has a private office.
1.6 Private office - the interface of the website which Company provides the Buyer to carry out orders and monitor their completion and monitoring of used services, etc.
1.7. General terms and conditions of trade deal agreement – the terms and conditions of this Agreement, are available on the website and established by the Company for trade deals and relations with the Buyer, Holder of the order, which is agreed by the Buyer entering into this Agreement.
2. The subject of the Agreement, the right and the responsibility of the Parties
2.1. The Company provides the Buyer the right to use Internet services provided by the Company for registration of orders to buy-sell investment gold bars using the technical instruments granted for this purpose by the Company according to the terms of this Agreement.
2.1.1. The buy-sell prices of investment gold bars and price for services provided by the Company are placed on the website of the Company and can be changed according to the terms of this Agreement and the General terms and conditions of trade deal agreement.
2.1.2. The Company makes the delivery of gold by insured mail. On request, the Company allocates investment gold for safekeeping in a certified depository of precious metals. The owner, customer pays for delivery and safekeeping of the gold. Getting gold out of the depository is made only by prior arrangement.
2.2. The Buyer uses the Private office and technical instruments provided by the Company for completion of the order and for advertising-marketing activity. For this purposes the Buyer undertakes to pay the Company the service fee (hereinafter referred as Subscription fee) at the rate of 20 Euros per one cycle of the Preliminary seven celled table of orders, 10 Euros for every cycle of Preliminary fifteen celled table of orders or Main table and 50 € for all the cycles of V.I.P table of orders.
2.2.1. Upon the payment of the Subscription fee by the Holder of the order the Company undertakes to grant the Buyer in the Buyer’s Privat office the technical instruments to buy-sell the investment gold, to control the order completion and to ensure the advertising-marketing activity of the Buyer according to the General terms and conditions of trade deal agreement.
2.3. For advertising and involving new customers the Company pays to the Holder of order a bonus reward (hereinafter referred as Bonus reward) in amount, order and terms based on General terms and conditions of trade deal agreement.
2.4. Using the Private office and services provided by the Company, it is forbidden to Holder of the order to send an advertising information without the consent of the addressee (spam), the "spam" is defined as a commercial communication (i.e. email, intended to advertise products, services or the image of companies), which is sent automatically and without the consent of the recipient.
2.5. Owner of the order is obliged not to distribute any discredit, false or corrupted information about the Company and its services, not to interfere operation of the Company or its clients. Actions, interfering Company’s operation include advertisement of the marketing and commodities of competitor companies. Owner of the order is also obliged to follow other requirements specified in this Agreement and General Terms and Conditions of bargaining.
2.6. Using an additional service of the Company, Holder of the order undertakes to observe the determined by the Company rules for usage of provided services. Holder of the order bears responsibility for all losses which can arise at the Company in connection with an abuse of regulations of use of service instruments.
3. Subscription fee payment is made at the moment of Order registration
3.1. Subscription fee is determined by the General terms and conditions of trade deal agreement. Concluding the Agreement, Holder of the order confirms that he/she is acquainted with the Subscription fee and agrees to pay it.
3.2. The Company reserves the right to unilaterally revise the Subscription fee and General terms and conditions of trade deal agreement. The Company informs the Holder of the order about changes of Subscription fee and General terms and conditions by publication the information about this on the website or by other way. The effective date of new General terms and conditions, as well as the amount of new Subscription fee, is the date of their publication on the website. The Holder of the order has the right to continue to use the Private office and provided technical instruments according to the previous Subscription fee until the completion of the registered Order.
3.2.1. If Holder of the order does not agree with changes of Subscription fee and General terms and conditions he/she is obliged to notify on it the Company by mail within 7 (seven) days from the date of changing of Subscription fee. If Company has not received the notice from the Holder during the given time, it is considered that the Holder of the order agrees with change of General terms and conditions and Subscription fee.
3.2.2. In case of disagreement with changes of Subscription fee and General terms and conditions of trade deal agreement the Holder of the order has the right to complete the Order according to the previous terms and to refuse registration of the new order.
3.3. The Buyer, Holder of the order pays the Order and the Subscription fee according to the invoice of the Company. The Buyer undertakes to make payment within 24 hours from the moment of concluding the Agreement.
3.4. At the Order and Subscription fee payment, the payment order should contain number of the invoice - order. In case of absence of the indicated data, the Company has the right not to take payment to account and to suspend the present Agreement until the correct payment order is issued by the Buyer. The transfer costs (commissions of sender and recipient banks) are assigned to the Buyer, Holder of the order.
3.5. The buyer is responsible for the accuracy of made payments on his/her own.
3.6. The Buyer’s payment is considered to be carried out from the moment of money transfer to the Company’s accounts
In the event of late payment by more than 5 business days, the Company has the right to terminate the present Agreement without advance notice. In this case the Order to buy an investment gold is cancelled.
3.7. The Buyer has the right to print the invoice by using the Control Panel. The invoices are forwarded to the Buyer by mail to the address indicated by the Buyer in the Control Panel upon the request of the Buyer and for the extra charges.
3.8. The Buyer is obliged to watch over his/her e-mail and receiving the invoices from the Company.
3.9. If the delay of invoice payment is more than 24 hours, the Company has the right to terminate the present Agreement without advance notice. In this case the Order to buy an investment gold is cancelled.
4. Privacy Conditions
4.1 Our policy
4.2 Personal Information
4.2.1 Personal Information is information about a living human being, which can identify that person or be capable of identifying that person.
4.2.2 We may collect Personal Information from you in a number of ways. For example, we collect personal information from you when you:
a. Register and set up an account;
b. Use a range of services offered by us;
c. Interact in our forums or networking sites; or
d. Contact us by email for any reason.
4.2.3 Some Personal Information may also be automatically collected. That information includes: your IP Address of your computer or mobile device, operating system of your computer or mobile device, the browser type, the address of your referring website, the time and date of your visit and your interactions with us or our service.
4.2.4 If you make any purchases from us or through our service, billing and credit card information may be required. All such credit card transactions are fully encrypted and your billing and credit card information is collected and stored by us or a trusted third party. Any third party credit card vendor will be prohibited from using this information for any purpose other than storing the credit card details.
4.2.5 Some of the information we collect may be collected automatically by use of a “cookie”. Cookies are small text files that reside on your computer and identify you as a unique user. Cookies enable us to monitor your progress throughout our services and track your status when ordering products from us. You can choose to set your browser to reject cookies or you can manually delete individual or all of the cookies on your computer by following your browser’s help file directions. However, this may result in you having trouble accessing and using some of our pages and features from our service.
4.2.6 We use the Personal Information that we collect to complete a contact or request, to provide our service, to better understand your needs, to further our marketing, to improve our products and services, and to contact you. The Personal Information held by us may be necessary to enable us to deliver our service to you and to comply with our legal obligations. If we are not provided with Personal Information, we may be unable to deliver, or unable to deliver to the full extent, our service to you.
4.2.8 You may choose to submit Personal Information as part of a course or online community offered by us. Any information you choose to post, including personally identifiable information, may be available generally to the public, or to other members of the course or online community.
4.2.9 We may disclose personal information in good faith on the belief that we are lawfully authorized to do so, or that doing so is reasonably necessary to comply with legal processes or authorities, respond to any claims, or to protect the rights, property or personal safety of us, our users, our employees or the public. Information about our users, including Personal Information, may be disclosed or transferred as part of, or during, negotiations of any merger, or sale of company assets; acquisition; assignment; or novation.
4.3 Authorizations, Access and Alterations
4.3.1 In the event that Swissgolden become aware or reasonably believes that you are involved in activities which are illegal in any jurisdiction which we consider relevant (at our absolute discretion), then we reserve the right to co-operate fully with government agencies in any part of the world and will not be bound by any duty of confidentiality to you; and you irrevocably indemnify us accordingly and hereby authorize us to so disclose details about you to those authorities.
4.3.2 We have taken steps, by such security safeguards as it is reasonable in the circumstances to take, to ensure that Personal Information we hold under our control is protected against:
a. Loss; and
b. Access, use, modification, or disclosure by anybody, except with our authority.
4.3.3 Your account information is accessible online only through the use of a password. To protect the confidentiality of Personal Information, you must keep your password confidential and not disclose it to any other person. You are responsible for all uses of our service by any person using your password. Please notify us immediately if you believe your password has been misused.
5. Data Security
5.1.1 We employ a high level of security monitoring and software, including 128-bit SSL encryption technology. We also strongly recommend that you safeguard your online personal and product information with up to date Internet security software and operating system updates.
5.1.2 You must not select an unsuitable password. Unsuitable passwords include number and letter combinations that may be easily guessed, passwords used by you for other banking or non-banking services, or other easily accessible personal information (for example birthdate, family, pet or street names). You must keep your Swissgolden Online Store password confidential at all times.
5.2 Your responsibility
5.2.1 You must:
a. take all reasonable steps to avoid being observed when entering your Swissgolden Online Store password;
b. not leave your computer unattended when signed on to the Swissgolden Online Store;
c. not give your Swissgolden Online Store password to anyone (including the police, bank staff or your family); and
d. not keep a written or electronic record of your Swissgolden Online Store password.
6. Resolving disputes under the Agreement, liability of the Agreement infringement
6.1. Operation of the company is regulated by the legislation of Hong Kong. Any dispute, disagreement or claim in connection with the present Agreement or its infringement, cancellation or nullity will be definitively allowed by Arbitration court of Hong Kong.
6.2. The Holder of the order bears responsibility for infringement of the present Agreement and General terms and conditions of trade deal agreement. The Holder of the order bears responsibility for all losses which can arise at the Company as a result of infringement by the Buyer, the Holder of the order of the present Agreement and General terms and conditions of trade deal agreement.
6.3. In case of infringement of positions of the present Agreement or General terms and conditions of trade deal agreement by the Holder of the order the Company has the right to interrupt immediately the present Agreement without advance notice. Earlier received Subscription fee is not refundable. The company is released of the responsibility to pay to the Holder of the order the Bonus reward provided by the present Agreement. The Holder of the order undertakes to complete the Order for Holder’s account.
6.4. The company does not bear responsibility for eventual losses of the Holder of the order, including direct and indirect losses, lost profit which can arise when Holder of the order uses the Internet - services, Private office and technical instruments granted by the Company.
7. Force majeure
7.1. Parties are not responsible for partial or full default of obligations under this Agreement if this default was a result of force majeure which has arisen after the conclusion of this Agreement as a result of extraordinary events (such as natural disasters, war, military action of any nature, earthquake, hurricane, etc.), which the Parties could not neither expect, nor prevent by reasonable measures.
7.2. If one or the other Party cannot be fully or partially satisfied, its obligations under circumstances defined in item 7.1 of this Agreement, the terms of obligations under this Agreement shall be extended for a period equal to the period of existence of these circumstances.
7.3. Any of the Parties has the right to terminate the present Agreement if the circumstances specified in item 7.1. of this Agreement, last more then twelve months. In this case the Parties do not have rights for compensation of the losses, which are risen in connection with such termination.
7.4. The Party that is unable to fulfill its obligations due to circumstances specified in item 7.1 of this Agreement shall immediately inform the other Party in writing of these circumstances arise, indicating the nature of the circumstances and their impact on the possibility of contractual obligations.
8. Conclusion of the Agreement, period of validity, rules of cancellation
8.1. The Agreement becomes effective and is obligatory for the Parties from the moment of the electronic confirmation of the Agreement on the Company website by the Buyer – the Buyer marks «I agree» in the bottom part of the Agreement, and also from the moment of invoice payment reception by the Company.
8.2. A contract consists to complete Ordering Parties fulfillment and can be automatically prolonged on the next Order prepaid Buyer
8.3. Each Party shall have the right to terminate the Agreement in advance, written notice to the other party thirty (30) days prior to termination.
8.4. In case of pre-term cancellation of the Agreement under the initiative or fault of the Holder of the order a Subscription fee is not refundable.
9. Final Provisions
9.1. The present Agreement together with the related documents contains full volume of agreements and replaces all previous arrangements, both verbal and written, existing between the Parties concerning a subject of the present Agreement.
9.2. If any term of the present Agreement becomes invalid, it should be replaced by other valid term which corresponds to desirable result and an economic target of the invalid term as much as possible. Invalidity of one term of the present Agreement does not affect the other terms of the Agreement.
9.3. The present Agreement is concluded in favor of contracting Parties and has a binding force for them and their assignees. The obligations accepted on the present Agreement cannot be transferred to the third parties.