XtGem.com

Table of Contents

1	Legal and Binding Agreement
	1.1	Terms
	1.2	Acknowledgements
2	Definitions and Interpretation
	2.1	Definitions
	2.2	Interpretation
3	License to use Site
	3.1	Authorization
	3.2	Links
	3.3	Acknowledgement
4	Intellectual Property Rights
	4.1	Ownership
	4.2	Consents
	4.3	Survival
	4.4	Warranties
5	Exclusion of Liability
	5.1	Exclusion
	5.2	Legislative Considerations
6	Privacy Policy
	6.1	Our policy
	6.2	Personal Information
	6.3	Authorizations, Access and Alterations
7	Termination of Terms
8	GIG Online Store Access and Use
	8.1	Access
	8.2	Opening a Customer Account
	8.3	Responsibility
	8.4	Contact and Communication
9	Security of data
	9.1	Practice
	9.2	Your responsibility

10	Purchase Options
	10.1	Options
	10.2	Payments
	10.3	Purchase
	10.4	Upon Settlement of Your Purchase
11	Storage
	11.1	Authorizations
	11.2	Storage Allocations
12	Sale of Gold
13	Fees
	13.1	Service Fees
	13.2	Your responsibility to be informed
14	Your liability
15	Cancelation of GIG Online Store Account
	15.1	By your request
	15.2	Cancellation or Suspension
	15.3	Dormant Account
16	Complaints
17	Governing law
18	Dispute resolution
	18.1	Mediation
	18.2	Urgent Interlocutory Relief
	18.3	Arbitration to follow Mediation if Unresolved
19	General
	19.1	Provisions
	19.2	Further Acknowledgements
	19.3	Survival of Obligations
	19.4	Successors and assigns
	19.5	Force Majeure

1 LEGAL AND BINDING AGREEMENT

1.1 Terms

1.1.1 These Terms of Use (“Terms”) govern your use of our website located at www.globalintergold.com (“Site” or “Web Site”) and form a binding contractual agreement between you, the user of the Site and us, GIG. They include, as relevant, the Program Terms (similarly published on the Site, and amended from time to time).

1.1.2 As these terms form a binding contract with you, these Terms are important and you should ensure that you read them carefully and contact us with any questions before you use the Site. You can contact us through our Call Center:

Telephone: +44 20 8133 0653; or
info@globalintergold.com.

1.2 Acknowledgements

By using the Site you acknowledge and agree that:

1.2.1 you have had sufficient opportunity to read and understand these Terms and you agree to be bound by them, including but not limited to the Program Terms. If you do not agree to these Terms, you may not use the Site.

1.2.2 as allowed under s56 of the Sale of Goods Act any implied duty or liability is negated in favour of GIG, as these Terms record our agreement.

2 DEFINITIONS AND INTERPRETATION

2.1 Definitions

In these Terms, unless the context indicates otherwise:

2.1.1 Chain of Integrity Standard means, in respect of GIG, that the gold sold by GIG is produced by refineries who are members of an external organization, such as the London Bullion Market Association’s Good London Delivery list, being refineries who adhere to an international benchmark for quality and technical specification in the production of gold and silver. GIG supplies Customers with Gold where the source refinery represents that the purity of said gold is not less than a 999.5/1000 purity.

2.1.2 Customer means each legally responsible person who has registered for a Customer Account through the Company’s Website and has satisfactorily completed the verification requirements of the Customer Acceptance Policy.

2.1.3 Customer Acceptance Policy or “CAP” means the Customer Acceptance Policy that appears on the Company’s Website as amended from time to time, which policy forms a material part of these Terms.

2.1.4 Customer Segregated Funds Account means the personal segregated funds account that the Customer maintains with the Company and on which the Company records the funds received from the Customer or the funds obtained from the sale of Gold. Such funds shall be used as advance payment for future Orders placed by the Customer via Customer’s Account, for payment of fees or shall be remitted to the Customer by one of the ways stated in this Agreement. The Company keeps the Customer Money, specified in the Customer Segregated Funds Account, on one of the Company’s bank accounts until such time when they are used for the purchase of the Gold and Gold Bars within the Gold Set or transferred to the personal account of the Customer, provided the relevant Fees have been paid.

2.1.5 Global InterGold Group or GIGG means Global InterGold Group Limited, a duly incorporated company in Dublin, Ireland.

2.1.6 Global InterGold means GIG (being Global IGold UK Limited), is a duly incorporated, limited liability company registered at the United Kingdom and which holds a license from Global InterGold Group to trade lawfully utilizing the brand name and systems owned by Global InterGold Group Limited.

2.1.7 GIG or the Company or we or us means Global InterGold Group’s licensee, being Global InterGold and subject only to Sub-Clause 19.1.7.

2.1.8 GIG Online Account (or Customer Account) means the online account being an electronic record opened by you with us on this Site as set out in Sections 8 to 16, in accordance with the provisions of these Terms, and in compliance with our Customer Acceptance Policy.

2.1.9 GIG Online Store means the online, electronic store available through the Site as further described in these Terms, access to which is set out in Section 8.

2.1.10 GIG Program Terms or Program Terms means the terms that govern GIG’s proprietary rewards programs.

2.1.11 Gold Set means the client’s personal selection of gold bullion that is subsequently created by the Company combination of Gold in grams, ounces and/or bars for the Total Set Price (see the Preliminary Invoice under sub-clause 2.1.15).

2.1.12 LBMA means the London Bullion Market Association an international trade association, representing the London market for gold and silver bullion.

2.1.13 Message Box means the secure electronic communication tool available for use by you in your GIG Online Account and accessible via the Site.

2.1.14 Order means a request by you via your GIG Online Account to either buy or sell Gold (including Gold Bars from a Gold Set). It includes the request to deliver or store that Gold or those Gold Bars on settlement of the purchase or an instruction to transfer funds from a sale of said Gold.

2.1.15 Password means the alphanumeric string of at least eight characters in length with at least one number and one letter that is used by you to access your Customer Account (refer sub-clauses 8.2.2 and 8.2.3).

2.1.16 Privacy Policy means the privacy policy established by the Company and published on our Site, which policy forms part of these Terms (see Section 6).

2.1.17 Preliminary Invoice means the invoice with regard to the Gold Set Price, issued by the Company to the Customer after the registration of the Customer’s Account is completed.

2.1.18 Registered Bar means a whole bar of Gold (and not a fraction of a bar of Gold) that is marked and recorded as the property of a particular Customer, in which no other person has an interest, save for the Company in respect of any fees or charges due to it in accordance with these Terms.

2.1.19 Site or Web Site or website means www.globalintergold.com and includes any variation of www.globalintergold (including but not limited to country code variants).

2.1.20 Table of Fees means comprehensive table in which are reflected all fees and charges, that are due to be paid by the Customer to the Company in accordance with this Agreement other than those set in the Program Terms. The Table of Fees shall be annexed to this Agreement, constitutes an integral part, and shall be published on the Company’s Website, including all changes and amendments (Refer Schedule 1).

2.1.21 Terms or Terms and Conditions means these Terms of Use that govern Your use of the Site, being a binding contractual agreement between You and GIG, and where appropriate will includes the GIG Program Terms.

2.1.22 You or Your includes any person or persons using the Site.

2.2 Interpretation

2.2.1 Clauses: references to Sections, Clauses, Sub-Clauses, Paragraphs or Sub-Paragraphs are references to this Deed’s Sections, Clauses, Sub-Clauses, Paragraphs or Sub-Paragraphs.

2.2.2 Defined Expressions: expressions defined in the main body of these Terms have the defined meaning in the whole of these Terms including the background, and expressions defined in the Program Terms apply to these Terms where relevant.

2.2.3 Gender: words importing one gender include the other genders.

2.2.4 Headings: clause and other headings are for ease of reference only and do not form any part of the context or affect these Terms’ interpretation.

2.2.5 Negative Obligations: any obligation not to do anything includes an obligation not to suffer, permit or cause that thing to be done.

2.2.6 No Limitation: references to anything of a particular nature either before or after a general statement do not limit the general statement unless the context requires.

2.2.7 Parties: references to parties are references to parties to these Terms.

2.2.8 Persons: references to persons include references to individuals, companies, corporations, firms, partnerships, joint ventures, associations, organizations, trusts, states or agencies of state, government departments, state owned enterprises and municipal authorities in each case whether or not having separate legal personality.

2.2.9 Plural and Singular: singular words include the plural and vice versa.

2.2.10 Statutes and Regulations: references to any statutory provision include any statutory provision which amends or replaces it, and any subordinate legislation made under it.

3 LICENSE TO USE SITE

3.1 Authorization

3.1.1 The Site is owned and administered by Global InterGold Group Limited. GIG is authorized to and does grant you a non-exclusive, worldwide, non-transferable license to use the Site in accordance with the terms and conditions set out in these Terms.

3.1.2 In consideration of You agreeing to be bound by these Terms, You may access and use the Site (including any incidental copying that occurs as part of that use) in the normal manner and may also print one copy of any page within the Site for your own personal, non-commercial use.

3.1.3 You must not add any content to the Site:

unless you hold all necessary rights, licenses and consents to do so;
that would cause you or us to breach any law, regulation, rule, code or other legal obligation;
that is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy;
that would bring us, or the Site, into disrepute; or
that infringes the intellectual property or other rights of any person; and you indemnify GIG and GIGG jointly and severally, accordingly.

3.2 Links

The Site contains links to other websites as well as content added by people other than us. We do not endorse, sponsor or approve any such user generated content or any content available on any linked website.

3.3 Acknowledgement

You acknowledge and agree that:

we retain complete editorial control over the Site and may alter, amend or cease the operation of the Site at any time at our sole discretion;
the Site will not operate on a continuous basis, and may be unavailable from time to time (including for maintenance purposes); and
GIGG retains ownership of the Site, including any variations; improvements; and developments.
In consideration of use of the Site, and being granted a username and password you further covenant that:-
- whilst a member (and for a period of 5 years from the termination of your contractual relationship with Global InterGold) either personally or through any other company, partnership, joint venture, trust or otherwise be directly or indirectly interested or concerned in any business organization which carries on anywhere within the territory any competitive business; and
- you shall not directly or indirectly solicit, canvass or entice any employee or customer away from Global InterGold or any subsidiary or licensee of Global InterGold.
you may not under any circumstance copy any Intellectual Property, compete with Global InterGold.

4 INTELLECTUAL PROPERTY RIGHTS

4.1 Ownership

4.1.1 Nothing in these Terms constitutes a transfer of any intellectual property rights from GIGG to you. You acknowledge and agree that, as between you and us, GIGG owns all intellectual property rights in the Site; and the use of the words Global InterGold, Global iGold and GoldSet.

4.1.2 By posting or adding any content onto the Site, you grant GIGG a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and license to use that content in any way (including, without limitation, by reproducing, changing, and communicating the content to the public) and permit GIGG to authorize any other person to do the same at their discretion.

4.2 Consents

You consent to any act or omission, which would otherwise constitute an infringement of your rights, and if you add any content in which any third party has rights, you must also ensure that the third party also consents in the same manner.

4.3 Survival

Your undertakings under clause 3.3 and the license in sub-clause 4.1.2 and clause 4.2 will each survive any termination of these Terms.

4.4 Warranties

4.4.1 You represent and warrant to us that you:

have all necessary rights to grant the licenses and consents set out in sub-clause 4.1.2 and clause 4.2, and hold us harmless accordingly.
have read these Terms;
are 18 years of age or older;
have the legal capacity to enter these Terms and to be bound by them in your jurisdiction; and
you have complied with sub-clause 3.1.3.

4.4.2 You further undertake to comply with all relevant laws of any territory in which you are a citizen or a resident from time to time, and of any other territory from which you access the Website, including, without limitation, the laws of Ireland, Switzerland and New Zealand.

5 EXCLUSION OF LIABILITY

5.1 Exclusion

To the full extent permitted by law, we exclude all:

liability in respect of loss of data, interruption of business or any consequential or incidental damages including with respect to use of the website.
representations, warranties or terms (whether express or implied) other than those expressly set out in these Terms.
liability for errors, negligence, delay or inability to execute orders to make Gold Payments. Any requests are processed by us on a best effort basis.

5.2 Legislative Considerations

These Terms are to be read subject to any legislation, which prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions, guarantees or obligations. If such legislation applies, to the extent possible, we limit our liability in respect of any claim to, at our option:

in the case of goods: the replacement of the goods or the supply of equivalent goods.
in the case of services:
- the supply of the services again; or
- the payment of the cost of having the services supplied again.

6 PRIVACY POLICY

6.1 Our policy

6.1.1 We are committed to taking all reasonable steps to guard your privacy and protect your personal information. We maintain the security of our servers where your information is stored. This notice explains our privacy policy and practices and applies to all information collected by us from you or submitted to us by you, including by way of our websites, software, web widgets, feeds, applications for third party websites and services, our mobile services all being owned, controlled, licensed or offered by us.

6.1.2 This Privacy Policy is incorporated into and subject to our Terms. Your use of our web site; service and products remains subject to our Terms at all times.

6.2 Personal Information

6.2.1 Personal Information is information about a living human being, which can identify that person or be capable of identifying that person.

6.2.2 We may collect Personal Information from you in a number of ways. For example, we collect personal information from you when you:

Register and set up an account;
Participate in a course or services offered by us;
Interact in our forums or networking sites; or
Contact us by email for any reason.

6.2.3 Some Personal Information may also be automatically collected, such as your computer’s or mobile device’s internet protocol address, your computer’s or mobile device’s operating system, the browser type, the address of your referring website, the time and date of your visit and your interactions with us or our service.

6.2.4 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.

6.2.5 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.

6.2.6 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 in full, our service to you.

6.2.7 We are committed to protecting your Personal Information and will not disclose it to any third party except as explained in this Privacy Policy. We may share Private Information with subcontractors that provide services to us. These services may include assistance to provide our services, helping to research and analyze the people who request services or information from us, helping to provide marketing or solicitation materials for our products or services, and/or helping to process payment card information.

6.2.8 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.

6.2.9 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.

6.3 Authorizations, Access and Alterations

6.3.1 In the event that GIG become aware or reasonably believe 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.

6.3.2 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:

Loss; and
Access, use, modification, or disclosure, except with our authority.

6.3.3 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.

6.3.4 We reserve the right to change this Privacy Policy at any time. We may use Personal Information for new, unanticipated uses not previously disclosed in this Privacy Policy. If our privacy practices change and our Privacy Policy is changed accordingly, we will notify you of such change including the date our Privacy Policy was last updated. You will have the ability to opt-out of our services. We recommend that you periodically review our website for any updates to this Privacy Policy. You may contact us through your Message Box; via our call center at Tel.: +44 20 8133 0653; or by email: info@globalintergold.com if you are concerned about how your Personal Information is used.

7 TERMINATION OF TERMS

These Terms terminate automatically if, for any reason, we permanently cease to operate the Site. For the sake of clarity, this does not include any interruptions (such as maintenance), assignments, novations or a lack of ability to access the Site.

8 GIG ONLINE STORE ACCESS AND USE

8.1 Access

8.1.1 GIG Online Store access is granted on an individual basis, and controlled by your access username and password. In order to create a Customer Account with us, you must comply with our Customer Acceptance Policy including a requirement to verify your identity and your source of payments.

A new customer account cannot be created until this information is provided.

8.1.2 Through the Global InterGold Group’s Online Store (GIG Online Store) you can access your products and services provided by us or our related companies.

8.1.3 Through the GIG Online Store you will be able to access:

products where you are sole signatory, and
joint products where you are authorized to operate the product alone.

8.2 Opening a Customer Account

8.2.1 Upon your satisfying our Customer Acceptance Policy, we will open a Customer Account for you, which will be allocated a unique number and be accessible electronically by you; provide you with a Message Box for communication; and hold an electronic record of the following:

the quantity and the weight of the Gold in grams that belongs to you and is held by our licensed gold provider on your behalf;
the quantity of any Registered Bars that are registered in your name as a Customer together with corresponding gold bar serial numbers;
any Funds on Account held on your behalf;
transactions between you (as Customer) and the Company; and
Fees charged by the Company for services provided.

8.2.2 When you register with GIG Online Store we will provide you with an access code and a username. In addition, the first time you sign on to the GIG Online Store you will need to select a personal password that is easy for you to remember but difficult for anyone else to guess.

8.2.3 Similarly if your GIG Online Store password is known, or you suspect it is known, by another person or there has been any unauthorized access or activity on your products you must notify us immediately by contacting our call center on Tel.: +44 20 8133 0653 or e-Mail: info@globalintergold.com.

8.3 Responsibility

8.3.1 You are responsible for all transactions and instructions, which have been authorized by use of your GIG Online Store password.

8.3.2 We will have no obligation to verify any instruction given to us through your GIG Online Store account.

8.3.3 You agree that in respect of any matter concerning your Account or any other matter related to this Agreement, you may securely contact the Company via your Message Box. You agree to receive communications from the Company in the same way and warrant that you will not attempt to circumvent the receipt of any such message. You shall be deemed to have received a message posted in your Customer’s Message Box on the day that it was posted. An e-mail notification is also sent to the Customer’s Email Address each time a message is posted in your Message Box, which shall be deemed to have been received on the day on which it is sent in accordance with this clause.

8.4 Contact and Communication

8.4.1 You acknowledge that the primary method for accessing your account and communicating with us is through the Internet. It is your responsibility to make sure that you have appropriate Internet access if you wish to use the Service.

8.4.2 It is your responsibility to inform us of any changes to your email address, telephone number, postal address, physical address, bank account details, or any other relevant information. We accept no liability for errors made due to incorrect personal information being provided.

9 SECURITY OF DATA

9.1 Practice

9.1.1 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.

9.1.2 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 GIG Online Store password confidential at all times.

9.2 Your responsibility

9.2.1 You must:

take all reasonable steps to avoid being observed when entering your GIG Online Store password;
not leave your computer unattended when signed on to the GIG Online Store;
not give your GIG Online Store password to anyone (including the police, bank staff or your family); and
not keep a written or electronic record of your GIG Online Store password.

10 PURCHASE OPTIONS

10.1 Options

There are a number of options for the purchase of Gold from our website. These options include:

Paying in full; or
(if You are purchasing through a Program) Paying in installments in accordance with the Program Terms.

10.2 Payments

10.2.1 Payments may be made by Credit Card, bank transfer, or through a special payment system authorized by us. Any funds received by us will be recorded on your Customer Segregated Funds Account and can be tracked by you through your customer account.

10.2.2 We are authorized to verify any payments made by you whether by credit or debit card, or bank transfer in order to prevent fraud. Delivery of any Gold Set will only be carried out in the name of the payee.

In situations where the credit card / account holder and the person named on the Preliminary Invoice are different, verification of identity may be required. This may cause a delay in the purchase process.
If the requested proof of identity is not provided within three working days from the date of payment, or if there are any doubts about the authenticity of any transaction, we reserve the right to cancel the transaction.
If we cancel a transaction any amount received, excluding valid bank charges, will be credited back to the card or account holder (as applicable).

10.3 Purchase

10.3.1 You will select the quantity from the Online Store.

10.3.2 Branding is dependent upon supply and country rules under which you take possession. Accordingly, you accept that whilst the Company will take reasonable steps to ensure you receive product from your preferred refinery, the Company reserves the right to supply gold bars from a different refinery, provided it is of equivalent purity and that refinery is a current LBMA member.

10.3.3 You understand that for regulatory reasons the Online Store might need to delegate certain tasks from these Terms to third parties (assignees) depending on the country where physical gold is to be picked up by You, to preserve compliance, best practice and Your interests. Such tasks might include but are not limited to:

the actual handover of physical gold;
the gathering of additional and more detailed client information as well as further identification of the client.

You agree to such delegation, and the transfer of Your data submitted to the Online Store to the said assignee of the Online Store. You are willing to enter in a respective limited contractual relation with an assignee as well as to issue additional information as might be required by local regulations to ensure You are best able to collect your Purchase.

10.4 Upon Settlement of Your Purchase

Once you have purchased Gold from us, you have the option of:

receiving the Gold by courier (delivery fees will be charged); or
collecting the Gold in person from our licensed gold provider (by appointment with 7 working days prior notice, subject to you meeting the licensed gold provider’s reasonable costs – see Schedule 1); or
keeping the Gold in safe keeping provided through our licensed gold provider (storage fees will be charged); or
offering Gold for resale in accordance with our Program Terms.

11 STORAGE

11.1 Authorizations

11.1.1 Our licensed gold provider is authorized to manage the secure storage of Gold purchased for you at your request. Any Gold stored by arrangement through our licensed gold provider is detailed on your Customer Account.

11.1.2 Fees are charged for these storage services. Fees may include arranging storage, transportation, and insurance of the Gold, as necessary. Details of our current fees are outlined on our website. We are authorized to deduct such fees from funds held on your account.

11.2 Storage Allocations

11.2.1 All Gold held for you through our licensed gold provider is held as unallocated storage. This is held with notice that such gold is not held on our own account but for GIG Online Account holder so as to create a form of Quistclose Trustⁱ, recording existence of a beneficial interest other than our Company’s interest. This Gold is held free from any claim that we may have against you, except where a claim rises from fees owed to us by you.

11.2.2 All Gold is stored as an undivided, unallocated interest. This means that your Gold may be held with Gold owned by our other customers. It is then deposited in the name of GIG in secure storage (being allocated to GIG or the particular GIG licensee with whom you are contracting).

11.2.3 You agree that any Gold held for you on arrangement of our licensed gold provider is free from any liens, encumbrances, charges or claims and you accept you may not encumber or charge your Gold.

11.2.4 Any secure storage facility used by licensed gold provider maintains insurance equal to 100% of the Gold held by our customers. At any time, you may request that your Gold is removed from storage and delivered to you (restrictions apply – refer Program Terms per clause 3.7). Delivery fees and other related fees will be charged (see Schedule 1).

11.2.5 You acknowledge that the price of Gold can rise or fall at any time. The value of the Gold upon entering storage may not necessarily be the same when you retrieve the Gold from storage.

12 SALE OF GOLD

12.1.1 You have the right to sell Gold or Gold Bars through your Customer Account in exchange for Euros at the current Gold Price posted on our Web site, this will form the Agreed Value.

The proceeds from any sale will be credited to your Customer Segregated Funds Account, such credit to be full and final settlement of any amount due to you in respect of such purchase by the Online Store from You.
At the time the Agreed Value is credited to your Customer Segregated Funds Account, clear title to the subject Gold or Gold Bars shall immediately vest in GIG.

12.1.2 At any time you may ask us to transfer funds stored in your Customer Segregated Funds Account to your personal bank account. However, if there is any dispute or investigation taking place in relation to your funds, the transfer will not be processed.

12.1.3 We do not pay any interest on money stored within your Customer Segregated Funds Account.

13 FEES

13.1 Service Fees

13.1.1 We charge a number of fees for using our services. The fees we charge may be different depending on the type of Gold Set purchased. Fees we charge for using our services include, but are not limited to:

storage fees, including fees for storage at licensed storage providers selected by us.
administration fees due to us for the procurement of storage.
delivery fees.
fees charged for registration and deregistration of Gold.
processing fees for the sale or purchase of Gold.
any additional fees as highlighted on the Table of Fees on our website.

13.1.2 You authorize us to charge fees each time you complete a transaction at the GIG Online Store. These fees may be directly deducted from your account if you hold any funds on account with us.

13.2 Your responsibility to be informed

13.2.1 We are not required to give you any notification of changes to our fees. You are required to review fees on the transaction input screen on the website prior to completing any transaction with us.

13.2.2 For further information about our fees, please go to www.globalintergold.com and login using your secure username and password.

14 YOUR LIABILITY

14.1.1 You will be liable for any loss suffered by us (including but not limited to consequential loss), which results from:

your fraud or negligence.
your breach of these Terms and/or the Program Terms.
the unauthorized access to or use of your products through the GIG Online Store and to which you have contributed by your failure to comply with these Terms and Conditions. This includes situations where you:
- select an unsuitable GIG Online Store password;
- fail to reasonably safeguard your GIG Online Store password; or
- unreasonably delay notifying us of the actual or suspected disclosure to any other person of your GIG Online Store password, or that there has been or you suspect there has been unauthorized access or activity on your products.

1.4.1.2 If you are engaged in a GIG Rewards Program, you will be subject to further provisions under the Program Terms. You warrant that you have read and understood these, and in consideration of provisions therein (including but not being allowed to enter GIG’s proprietary program) agree to be bound by same.

15 CANCELATION OF GIG ONLINE STORE ACCOUNT

15.1 By your request

You may request that we cancel your GIG Online Store access at any time. To do this you must notify us in writing. You will remain responsible for any transactions made on your products and fees incurred until your access has been cancelled.

15.2 Cancellation or Suspension

15.2.1 We may cancel your GIG Online Store access at any time by giving you 14 calendar days’ notice.

15.2.2 We may suspend or cancel your GIG Online Store access immediately:

upon your death, bankruptcy or if we become aware that you lack legal capacity;
if you breach these Terms and Conditions or our Program Terms;
to comply with a court order or other legal requirement;
if we are notified of a dispute over the funds in, or the operation of, a product; or
if we have reason to believe your GIG Online Store access has been compromised.

15.2.3 If your account is cancelled for any reason, we may, at our sole discretion, delete any websites, files, graphics or other content or materials relating to your use of the website or the services on servers owned by or operated for us or otherwise in our possession, and we will have no liability to you or any third party for doing so.

15.2.4 Following cancellation, you will not be permitted to use the website or the Services. If your account or your access to the website or the Services is cancelled, we reserve the right to exercise whatever means we deem necessary to prevent unauthorized access to the website or the Services.

15.2.5 If your account is cancelled, you must immediately pay us any fees and any liability that you owe (including but not limited to any liability under Section 14), such liability to us will survive any cancellation. Pending payment by you of such fees and/or liability we reserve our rights to exercise a lien on the contents of your account.

15.3 Dormant Account

If you do not access your account for a period of 12 months or more your account will be deemed dormant and will require reactivation.

We will send you a reminder to your email address that reactivation is required. A reactivation fee may be charged to your account.
If you do not reactivate your account within six months of a reminder being sent, we will cancel your account as per clause 15.2.

16 COMPLAINTS

We maintain a procedure for handling any complaints by clients, designed to ensure that a complaint is dealt with promptly and fairly. This is managed by our contracted help desk.

If you have a complaint about our services or products, you may refer your complaint:
- to the Company, through your Message Box; then if it is not resolved
- to the team supervisor, customer care.
The team supervisor may be contacted as follows:
- by email at concerns@globalintergold.com; or
- by telephoning our customer care team at +44 20 8133 0653.

17 GOVERNING LAW

These Terms are governed by the laws of New Zealand and each party submits to the jurisdiction of the courts of New Zealand. New Zealand is a leading OECD member country, and New Zealand law is based on Commonwealth models. Any action against us may only be taken in Hamilton, New Zealand (including but not limited to any action under Section 18); provided however that nothing in Section 16, 17, 18 or 19 of these Terms is intended to prevent us:

seeking, in any other court (or jurisdiction) orders whether granting interim relief or interim protective measures in support of or in place of proceedings to be brought before a court in Hamilton, New Zealand; or
seeking to enforce a judgement of a New Zealand Court in any other country.

18 DISPUTE RESOLUTION

Subject to Section 17, in the event of a dispute arising, where such dispute has not been resolved under the Complaints process (see Section 16 above), this Section then applies and you are bound by the following process:

18.1 Mediation

18.1.1 Any dispute between you and GIG that arises in relation to these Terms, must be referred in the first instance to non-binding mediation, provided further that in any such non-binding mediation the parties shall have the option of appearing by video, telephone, or such other technology that permits them to attend such proceedings remotely, or if such remote appearance is not feasible, then the parties shall submit their positions to the mediator in writing, subject to the instructions of the appointed mediator.

18.1.2 The non-binding mediation procedure is:

The party wishing to resolve a dispute by mediation must give notice in writing of the dispute to the other party. Such notice shall be deemed to have been served in Hamilton, New Zealand.
The notice must state that a dispute has arisen and provide particulars of the dispute.

18.1.3 When a notice of dispute is given in accordance with this Agreement the parties will appoint a mediator by agreement within 14 days, failing agreement either party may request the President of the New Zealand Law Society (or his or her nominee) to appoint a mediator.

The parties will cooperate with the mediator in an effort to resolve the dispute.
If the dispute is settled then the terms of settlement will be written up by the mediator and signed by the parties to the dispute.
If the dispute is not settled within 30 days of the appointment of the mediator, or within any extended time that the parties agree to in writing then the parties will no longer be bound by this mediation provision.
The parties to this Agreement agree that all written statements given to the mediator or to each other and any discussions between any of the parties or between any of the parties and the mediator during the mediation are inadmissible in legal or arbitral proceedings by any party other than the party that made them.
The parties to any dispute will share equally the cost of the mediator’s fees and costs including travel, room hire and refreshments.

18.2 Urgent Interlocutory Relief

Subject to Section 16, nothing in the forgoing provisions shall prevent any party to this agreement from seeking urgent interlocutory relief from any court of competent jurisdiction.

18.3 Arbitration to follow Mediation if Unresolved

18.3.1 Subject to: -

Sub-Clause 18.2; or
the mutual consent of the Parties,

any dispute which is not settled by mediation shall in the first instance be referred to arbitration in accordance with the appropriate Arbitration Act, provided further that in any such arbitration the parties shall have the option of appearing by video, telephone, or such other technology that permits them to attend such proceedings remotely, or if such remote appearance is not feasible, then the parties shall submit their positions to the arbitrator(s) in writing (subject to the instructions of the appointed arbitrator or arbitrators) with appeal to a court of competent jurisdiction.

18.3.2 In the event of any dispute concerning the amount of any moneys due or payable by either party to this Agreement to the other under this Agreement, in the first instance the parties may agree on a case by case basis that a certificate as to the amount signed by the accountants for the time being of the Holder shall be conclusive and binding on both parties. In the absence of such agreement, the matter will be addressed by the provisions under Clause 18.1 and sub-clause 18.1.2 above.

18.3.3 In the event of any dispute concerning the definition of the Territory as varied in accordance with this Agreement arising out of, or in connection with any changes in the political status or geographical boundaries of the Territory, the decision of the Company thereon shall be conclusive and binding.

19 GENERAL

19.1 Provisions

19.1.1 You must not assign, sub-license or otherwise deal in any other way with any of your rights under these Terms.

19.1.2 If a provision of these Terms is invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.

19.1.3 Where this Agreement is recorded in a language other than English, in the case of any discrepancy of terms or meaning the English text shall prevail.

19.1.4 Some relevant jurisdictions have signed an Inter-Governmental Agreement with the United States of America with respect to the Foreign Account Tax Compliance Act (United States of America), accordingly and we may be obliged to provide the Internal Revenue Service with copies of this Agreement, and any financial transactions in respect of which you are involved (directly or beneficially).

19.1.5 This website and the Information are owned and administered by GIGG. Nothing in these Terms is intended to constitute legal, tax, accounting, securities, or investment advice, nor any opinion regarding the appropriateness or suitability of any investment or strategy. This website shall not constitute an offer or a solicitation of an offer to buy or sell any investment product or service to any person or entity in any jurisdiction.

19.1.6 Products named in the site are only available to residents of countries where offers of such products are permitted by law.

19.1.7 GIGG may assign or novate GIG’s rights and obligation under these Terms, and in respect of its agreement with you to another company, without your prior consent, provided that the assignee is then bound by these Terms.

19.1.8 Each party must at its own expense do everything reasonably necessary to give full effect to these Terms and the events contemplated by them.

19.2 Further Acknowledgements

19.2.1 You further acknowledge:

certain types of Gold Sets may not be available to the residents or citizens of certain countries.
all Gold Sets and relevant transactions are subject to fees. You hereby authorize the Company to deduct from your GIG Online Account any fees you may incur by using services provided by the Company including the following: Storage Fees; Registration/De-registration Fees; Processing Fees; and other fees as recorded from time to time in the Table of Fees published on our web site (refer www.globalintergold.com/mx/terms.php).
the Company may at any time change the available Gold Sets, the services, the terms of use of Customers’ Accounts and associated Fees - but any such changes will be made providing you with 30 days’ notice of any variation or amendment via the Message Box.
Subject to the Program Terms, the Price of a Gold Set offered for purchase by you under this Agreement, shall be determined by the Company and shall include the cost of Gold in the National Currency in accordance with the world market at the time of purchase plus the Processing Fee. The Processing Fee shall be paid by the Customer as first priority and only after this payment is done, the outstanding part of the Price of the Gold Set shall be deducted by the Company. The minimal amount of the Processing Fee that is stated in the preliminary invoice, is due to be paid in advance and cannot be used for the purchase of Gold or payment of other Fees. Subject to the Program Terms, you should pay the Price of the Gold Set in one payment or in several installments over a 12 (twelve) to 18 month period in accordance with your particular program requirements, provided that the terms of advance payment stipulated in this clause are met.
there might be other restrictions and rules that will be published on the Website at the time of your registration and (respectively) the use of your GIG Online Account. These will be available to you, to be read online, and are to be read in conjunction with these Terms.

19.3 Survival of Obligations

Each provision of this Agreement that is capable of surviving termination of this Agreement will survive that termination.

19.4 Successors and assigns

This Agreement will be binding on and inure to the benefit of the Parties and their permitted successors and permitted assigns.

19.5 Force Majeure

19.5.1 Subject to Clause 19.3, both parties will be released from their respective obligations under this Agreement in the event of national emergency, war, prohibitive governmental regulation, or if any other event beyond the reasonable control of the parties or either of them renders the performance of this Agreement impossible.

19.5.2 on the occurrence of such an event:

all money due under this Agreement must be paid immediately; and
the Buyer must immediately cease carrying on any business in connection with any Program, unless expressly permitted by GIG in writing.

Schedule 1. TABLE OF FEES

Refer: www.globalintergold.com/mx/terms.php

Category	Fee
Storage Fees	Set by secure storage facility through agreement with GIG’s licensed gold provider. Refer Sub-Clauses 11.1.2 and 11.2.4.
Site Visit Fees	Costs incurred by licensed gold provider for Customer to visit and meet with the provider, including for the purposes of uplifting their gold. Refer Paragraph 10.4(b).
Program Fees	Costs or charges incurred through a GIG Program as set out in the Program Terms. GIG Online Account holders can refer to www.globalintergold.com/mx/terms.php
Physical Delivery Fees	Fees charged for the delivery of Gold, on your instructions.

ⁱRefer to Barclays Bank Limited v Quistclose Investments Limited [1970] AC 567