1. Using Your Golden Suisse Services
2. Customer Acceptance Policy
3. Closing Your Account
4. Gold Coins, Quality, Purity and Auditing
6. Fee’s and Currency Conversion
7. Storage and Insurance
8. Transferring Gold Coins
9. Gold Funded Cards
10. Sale and Purchase of Gold Coins
11. Redeeming Physical Gold Coins
12. Restricted Activities
13. Acceptable Policy
14. Your Liability
15. Resolution Parameters
OUR RELATIONSHIP WITH YOU
a. Relationship: Our relationship with you is set out within and governed by this Agreement. This Agreement applies to your use of the Golden Suisse Platform and any of the services provided to you by Golden Suisse, together with the Golden Suisse Platform (the “Golden Suisse Services”).
b. Golden Suisse: Golden Suisse is a precious metals dealer, storage and transfer service provider that assists you with making Gold transfers to and receiving Gold transfers from third parties. Golden Suisse is an independent contractor for these purposes, except that Golden Suisse acts as your agent and bailee with respect to the custody of your Gold. Golden Suisse does not have control of, or liability for, the products or services that are paid for with the Golden Suisse Services. Golden Suisse does not guarantee the identity of any User or ensure that a buyer or a seller will complete a transaction. All Gold recorded in your Golden Suisse Account Balance is your property: fully reserved, allocated, and redeemable pursuant to the law of bailment. Golden Suisse is not a bank. The Gold held in your Golden Suisse Account is not a deposit with us and your Golden Suisse Account is not a bank account. You agree that you will not receive interest or other earnings on the Gold from Golden Suisse. The use of the Golden Suisse Website and Golden Suisse Services does not constitute a trading of, or an exchange in, securities, investment contracts, or any document, instrument, or writing commonly known as a “security”, at law or otherwise.
e. Assignment: Golden Suisse may at any time assign, transfer, charge, subcontract, or deal in any other manner with all or any of its rights under this Agreement and may subcontract or delegate in any manner any or all of its obligations under this Agreement to any third party or agent. You shall not, without the prior written consent of Golden Suisse, assign, transfer, charge, subcontract, or deal in any other manner with all or any of its rights or obligations under this Agreement.
f. Notices: Any notice or other communication required to be given to a party under or in connection with this Agreement shall be in writing and shall be sent to the other party, such notice shall be deemed to have been duly received on the same day as it is sent. Golden Suisse may provide information about your Golden Suisse Account and the Golden Suisse Services by emailing it to the email address listed in your Golden Suisse Account, notifying you through the Golden Suisse App, or posting it to the street address in your Golden Suisse Profile. The service of any proceedings or other documents in any legal action by you must be posted to the attention of the Group General Counsel, GCB Suisse AG, at Offinea Business Center, Rathausstrasse 14, 6340 Baar, Zug, Switzerland.
g. Intellectual property: You acknowledge that any and all of the intellectual property rights including, without limitation, the Golden Suisse trademark, any other trademarks, trade names, copyright and other rights used or embodied within the Golden Suisse Website are and will remain Golden Suisse’s sole property. You may not copy, imitate or use them without Golden Suisse’s prior written consent. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Golden Suisse. You may not copy, imitate, or use them without our prior written consent. You may use HTML logos provided by Golden Suisse through our merchant services or affiliate programs without prior written consent for the purpose of directing web traffic to the Golden Suisse Services in accordance always with the terms of the affiliate program. You may not alter, modify or change these HTML logos in any way, use them in a manner that is disparaging to any of the Golden Suisse group entities or the Golden Suisse Services or display them in any manner that implies Golden Suisse’s sponsorship or endorsement. All right, title, and interest in and to the Golden Suisse Website, any content thereon, the Golden Suisse Services, the technology related to the Golden Suisse Services, and any and all technology and any content created or derived from any of the foregoing is the exclusive property of Golden Suisse and its licensors. You warrant that you will not, nor will you attempt to, tamper with, modify, reverse engineer, gain unauthorised access to, or in any way alter any of our software or the Golden Suisse Website. You understand that we may close your personal or business account immediately, and may take legal action against you if you breach, or we reasonably suspect that you may have breached, this warranty.
h. Tax: You are responsible for paying all local taxes and tariffs that are or may be applicable to purchases, conversion, sale or custody of Gold, and any associated charges. The Golden Suisse Platform will provide you with a tax tool for calculating your yearly gains or losses from the purchases, sales, and spending transactions that have occurred within your account. This tax tool is provided as a service only and is not intended to be, nor should it be relied upon by you as legal or tax advice. You should consult your own tax advisor for advice with respect to income tax consequences to you based on your particular circumstances.
i. Compliance with law: You agree to comply with all relevant laws of any territory of which you are a citizen, national, or subject, and of any territory in which you are resident from time to time, and of any other territory from which you access the Golden Suisse Website, the laws of the countries in which the Vaults are located (where applicable), and including, without limitation, the laws of Zug, Switzerland.
j. Currency: Any and all monetary amounts displayed in the Golden Suisse Website are in the local currency selected by you and currency conversions are performed from time to time. Golden Suisse is a Swiss company that trades in USD, EUR and GBP and all payments to Golden Suisse for your personal or business accounts are processed in USD, EUR or GBP. Golden Suisse itself does not charge currency conversion fees and shall not be liable for any fees, charges, or conversion rates on international transactions which may be charged by credit card issuers, financial institutions, or banks.
k. Term: This Agreement remains in effect until such time as your Golden Suisse Personal or Business Account is closed in accordance with clause 4. Either you or Golden Suisse may terminate this Agreement with immediate effect for any reason whatsoever, including breach of this Agreement by you.
1. USING YOUR GOLDEN SUISSE SERVICES
a. Eligibility: To be eligible to use the Golden Suisse Services, you must be at least 18 years old or the applicable age of majority and contractual capacity if you reside in a jurisdiction where the age of majority or contractual capacity is above 18 years of age. By accessing or using any of the Golden Suisse Services, you represent and warrant that you are both over the age of 18 years old and of the applicable age of majority and contractual capacity in the jurisdiction in which you reside. Golden Suisse reserves the right to close any Golden Suisse Personal or Business Account and suspend any user who is not 18 years old and of the applicable age of majority and contractual capacity, subject to clause 2.j. below.
b. Types of Golden Suisse Account: Golden Suisse offers Personal Accounts and Business Accounts. The use of the term “Golden Suisse Account” in this Agreement shall refer to both types of Golden Suisse Account noted above unless otherwise specified; Golden Suisse offers two tiers of Personal Accounts. Once you have uploaded your valid government-issued photo ID and a Proof of Address, and it has been approved by Golden Suisse, you will have access to a Golden Suisse Account, a dedicated Customer Success team, the Golden Suisse Verified Account Protection for buyers, and the ability to apply for the Golden Suisse Prepaid
Golden Suisse Business Account gives you access to Golden Suisse Business Protection, as set out in clauses 17-19 below. By opening a Business Account and accepting the terms of this Agreement, you agree that you are not establishing the Business Account primarily for personal, family, or household purposes.
c. Golden Suisse Account Balances: All User’s Gold Coins are registered in the respective User’s name, and all Gold Coins are wholly owned by them, and verified by third party auditors. Golden Suisse does not have any entitlement or leverage or comingling with its corporate funds or gold, and it may not and will not use your Gold Coins for its operating expenses or for any other corporate purposes. Golden Suisse does not have any access to your Gold Coins to make them available to its creditors in the event of bankruptcy. Your Gold Coins are wholly owned by you as further detailed in clause 8.
d. Communications: Communications between you and Golden Suisse may be conducted by mail or by telephone, fax, online, or by other electronic means that Golden Suisse offers from time to time in respect of its different product offerings. Any instructions that you give to us in any such manner will have the same legal effect as if you gave them to us in traditional written form. You agree that all telephone calls and electronic communications may be recorded and kept by us as a record of your instructions. We and our service providers acting on our behalf may contact you, including by using autodialed or prerecorded messages, calls, or text messages, at the telephone number(s) you have provided to us. These communications may relate to (a) notices to you, (b) investigations or fraud prevention, (c) debt collection. Other than service providers with whom we contract to assist in providing the Golden Suisse Services, we will not share your telephone number(s) with third parties for their own purposes without your consent. You may revoke your consent to receive calls, emails, or text messages by making the change in your Golden Suisse Personal or Business Account settings. We respect your opt-out instructions; however, we will be required to communicate certain types of information in accordance with our legal and regulatory obligations.
e. Instructions: You are responsible for the accuracy of your instructions for all transactions in your Golden Suisse Personal or Business Account and through the Golden Suisse Platform. Instructions once sent, in any form through your Golden Suisse Personal or Business Account, will be final and irrevocable and it will not be possible to retrieve funds sent in error. It is your responsibility to ensure that your personal information registered on the Golden Suisse Platform is accurate at all times.
f. Transaction history: You agree to promptly review the transaction history and any account statements pertaining to your Golden Suisse Account that you receive to ensure that your instructions have been carried out and that there have been no unauthorised dealings in your Golden Suisse Personal or Business Account. You must inform us of any errors or omissions within sixty (60) days of the disputed transaction(s).
g. Third parties: If you grant express permission for a third party to connect to your Golden Suisse Personal or Business Account, either through the third party’s product or through the Golden Suisse Services, you acknowledge that granting permission to a third party to take specific actions on your behalf does not relieve you of any of your responsibilities under this Agreement. Further, you acknowledge and agree that you will not hold Golden Suisse responsible for, and will indemnify Golden Suisse, its subsidiaries, officers, agents, and employees from, any liability arising from the actions or omissions of this third party in connection with the permissions you grant. You may change or remove these permissions from the account settings page.
h. Your details: You are responsible for keeping your email and street address up to date in your Golden Suisse Personal or Business Account Profile details. If your credit card number changes or your credit card expiration date changes on a reoccurring payment, we may acquire that information from our financial services partner and update your Golden Suisse Personal or Business Account Profile.
i. Accounts: Each User is eligible for the following combinations of Personal and Business
One Personal Account; or
One Personal Account and one or more Business Accounts (limited to one Business Account
per business); or
One or more Business Accounts (limited to one Business Account per business).
2. CUSTOMER ACCEPTANCE POLICY
a. Authorization: You authorise Golden Suisse directly or through third parties, to make any enquiries we consider necessary to validate your identity. This may include asking you for further Information that will allow us to reasonably identify you, requiring you to take steps to confirm ownership of your email address or financial instruments, ordering a credit report, or verifying your Information against third party databases or other sources. Use of certain Golden Suisse Services requires us to verify some of your Information. Golden Suisse reserves the right to close, suspend, or limit access to your Golden Suisse Personal or Business Account or all or some of the Golden Suisse Services in the event that we are unable to obtain or verify this Information.
b. Requests for information: You agree to provide Golden Suisse with such Information as Golden Suisse may require or request, in its discretion, in relation to this Agreement and your relationship with Golden Suisse, including all Information required to comply with all applicable laws and regulations, including all applicable anti-money laundering rules and regulations.
c. Requests for documentation: In addition to the above, upon request from Golden Suisse, you agree to provide a copy of your current valid government-issued photo identification document with MRZ (Machine Readable Zone) details visible and/or such other identifying and verifying information as we determine from time to time in our discretion (the “ID Documentation”) at a time to be determined by us, including prior to opening a Golden Suisse Personal or Business Account, prior to purchasing Gold, prior to redemption of any content of your Golden Suisse Personal or Business Account, upon the balance of your Golden Suisse Personal or Business Account reaching a certain Gold threshold prescribed by us, or at any other time at our
d. Background and credit checks: You agree that Golden Suisse is entitled to perform a background check prior to approving your application to open a Golden Suisse Personal or Business Account or at any other time during the course of the relationship at our discretion.
Golden Suisse may contact credit bureaus to obtain information about you for purposes of confirming your identity under applicable “know-your-client” rules. If you open a Business Account, you are providing Golden Suisse, at its discretion, authorization to obtain your personal and/or business credit report from a credit reporting agency. You are also authorizing Golden Suisse to obtain your personal and/or business credit report (a) when you apply for a Golden Suisse Business Account; (b) when you request a product for which Golden Suisse requires, in its discretion, a review of your credit report; or (c) any time Golden Suisse reasonably believes there may be an increased level of risk associated with your Golden Suisse Business Account.
e. Misleading information: You represent and warrant to us at all times that, to the best of your knowledge, any information provided to us by you is complete, accurate, and not misleading in any material respect and you agree to notify us should such information change.
f. Sign up countries: Golden Suisse shall, from time to time, deem certain countries either “sign up” or “non-sign up” countries, in accordance with various risk factors, legislation, regulation, and guidance. Golden Suisse reserves the right to reject Users from countries it deems to be a “non-sign up” country.
3. CLOSING YOUR ACCOUNT
a. Termination: You may terminate your relationship with us at any time, and without termination penalty, by closing your Golden Suisse Personal or Business Account, subject to this clause 4. Please contact the Customer Success Team for assistance.
b. Balance Upon Closure: Upon your Golden Suisse Personal or Business Account closure, we will cancel any pending transactions, unless otherwise legally prohibited. Prior to closing your Golden Suisse Personal or Business Account, you must sell the gold in the Golden Suisse Personal or Business Account to us, transfer ownership of the gold to another User, or physically redeem the gold from the vault location.
c. Limitations: You may not close your Golden Suisse Personal or Business Account to evade an investigation. If you attempt to close your Golden Suisse Personal or Business Account while we are conducting an investigation, we may suspend your Golden Suisse Personal or Business Account for up to 180 Days to protect Golden Suisse or a third party against the risk of reversals, Chargebacks, claims, fees, fines, penalties and other liability.
d. After Closure: You will remain liable for all obligations related to your Golden Suisse Personal or Business Account even after the Golden Suisse Personal or Business Account is closed. Any accrued rights, remedies, obligations and liabilities of the parties as at termination shall not be affected, including the right to claim damages in respect of any breach of the Agreement which existed at or before the date of termination. Any clauses of this Agreement which expressly or by implication have effect after termination shall continue in full force and effect.
4. GOLD COINS, QUALITY, PURITY, AND AUDITING
a. Bar and Coin Quality: For your peace of mind, Golden Suisse takes only 1 Oz American Gold Eagle coins from recognized counterparties, such as US Mint, bullion-dealers, and bullionbanks, according to the best industry market practices. Golden Suisse deals exclusively in official 1 Oz American Gold Eagles coins.
b. Purity: Golden Suisse confirms that all 1 Oz American Gold Eagles are authorized by the United States Congress and backed by the United States Mint for weight and content.
c. Audit: Golden Suisse confirms that it adheres to a standard whereby it is periodically audited and inventoried by an independent third party.
Golden Suisse makes available its security information here:
a. Password: You are responsible for maintaining adequate security and control of passwords, personal identification numbers (PINs), or any other codes that you use to access the Golden Suisse Services. You are responsible for, and give us your authorization to carry out, all instructions given to us online where and when your correct Password is entered to access your
Golden Suisse Personal or Business Account. Golden Suisse will not be liable to you for any
loss or claim arising out of our relying on oral or electronic instructions provided to us using your Password. If you suspect that any other person has become aware of your Password, you must immediately notify us and you agree to cooperate with us in any subsequent investigation. Until you notify us, you will be liable for all transactions that are made using your Password. In addition to Passwords, you may be required to adopt other security measures that we make available to protect the security of your information. Golden Suisse does not store Passwords; however, you agree to Golden Suisse storing the hashed representation of your Password.
b. Safe Practices: You agree to exercise safe security practices when accessing and conducting electronic transactions. This includes signing out and closing any online electronic transaction services once all transactions have been completed regardless of your method of accessing the Golden Suisse Platform. You agree to maintain any security measures that we recommend relating to requirements for encryption technology, virus scanning, software, firewall systems, anti-spyware software, cybersecurity measures and similar safeguards to maintain security for all electronic transaction activities.
c. Data: Private or sensitive data, such as your private key, is stored encrypted on the serverside with encryption techniques. Encryption and decryption of such data is performed on the client-side using a key derived from your Password. Every network communication with Golden Suisse servers is secured by the Transport Layer Security (TLS) protocol. Golden Suisse maintains the master copy of ownership records of each single Gold Coin. Records relating to you and your Golden Suisse Personal or Business Account will only be modified upon the execution of your valid instructions, in accordance with the terms of this Agreement. On a regular and frequent basis, but no more frequently than daily, Golden Suisse will publish reconciled and aliased customer-by-customer records of ownership of all the bullion gold coins in the vaults held by customers to both internal and independent external sources. Golden Suisse ensures that at least two widely separated data storage sites receive duplicates of the full Golden Suisse database. Golden Suisse sends daily an encrypted, electronic copy of all customers’ identities, aliases and their balances to its auditors who cannot interpret nor use this data without the decryption key.
d. Phishing: In the event that you receive an email falsely claiming to be from Golden Suisse or another group entity, or requesting sensitive information (“Phishing”), you agree that you will not provide any information or data in response and you will contact Golden Suisse’s Customer Relationship team without delay. Golden Suisse agrees that it will never ask you to provide your password over email or telephone. Should you receive an email or telephone call which you suspect is Phishing or are unsure about, you agree that you will report the phishing email or spoof site without delay in order to protect yourself and fellow Golden Suisse Users. You understand that you should not click any links from unusual emails or download any attachments in order to access your Golden Suisse Personal or Business Account.
e. Fraudulent Activity: If we suspect that fraudulent activity has taken place within your Golden Suisse Personal or Business Account, in order to protect you, you understand that we may temporarily freeze your Golden Suisse Personal or Business Account to prevent any further or continuing unauthorised activity. You will receive an email notification from Golden Suisse should this be the case. In the event that you suspect fraudulent activity, you agree to notify the Customer Relationships team immediately in order that Golden Suisse can investigate the issue and attempt to resolve it. Golden Suisse agrees that transactions found to be in error or unauthorised will be refunded back to your Golden Suisse Personal or Business Account, subject always to the terms of this Agreement.
f. Peace of Mind: If, due to unforeseen circumstances, Golden Suisse were to become insolvent or bankrupt, the insolvency or bankruptcy of Golden Suisse would not affect your property rights with regard to your bullion in a Golden Suisse Personal or
6. FEES AND CURRENCY CONVERSION
a. Overview: Rates calculated for each transaction will depend on the type of transaction, currency, and the method of payment. The rate for your transaction will be used to provide a purchase quote, which will be advised to you for your agreement prior to the transaction being finalised.
b. Gold Coin Purchase and Transfers: The purchaser of the Gold coins will always pay the purchase fee in accordance with clause 11.c.
c. Personal Transfers: Making a Personal Transfers to another Golden Suisse User by transferring title in Gold to that user as the exclusive payment method is free (“Personal Transfer”). Purchasing Gold using your credit card as the payment method may incur a service fee for processing. Personal Transfers may not be made to recipients in certain countries (as determined by Golden Suisse in its discretion from time to time). For the avoidance of doubt, the Golden Suisse Business Account and Verified Account protections do not apply to personal transfers. The buyer protections are only available to Golden Suisse Personal Verified Accounts and seller protections are available only to Golden Suisse Business Account holders.
d. Golden Suisse Business Transfers: The Golden Suisse Business Transfer Fee is paid by the business account holder in conjunction with using the Golden Suisse business transfer product (invoice, online checkout). The party transferring title to Gold Coins in connection with a Golden Suisse Business Transfer can either (a) transfer a Gold balance to a business without incurring a fee, or (b) purchase Gold for the transfer, in which case standard Gold purchase pricing
e. Golden Suisse Business Transfer Fee: The Golden Suisse Business Transfer Fee will apply to each Golden Suisse Business Transfer transaction. Standard purchase and redemption fees apply and a 1% fee shall apply for use of the Golden Suisse Business Transfer tools.
f. Chargebacks: You may be subject at the final resolution of a chargeback a fee of USD25 per chargeback, at Golden Suisse’s discretion.
g. Adjustment to Fees: Golden Suisse reserves the right to adjust, introduce, or increase Fees at our sole discretion upon 30 days’ written notice to you.
7. STORAGE AND INSURANCE
a. Vault: All physical Gold purchased by you will be stored at Loomis International Vault in Zurich, Switzerland upon purchasing the Gold Coins using your Golden Suisse Personal or Business Account.
b. Storage Agreements: All storage agreements with Vault Operators are entered into by Golden Suisse for the protection of Golden Suisse customer deposits and withdrawals. Any storage agreement entered into by Golden Suisse with a Vault Operator provides that Gold Coins will be specifically identified and physically segregated at all times. The responsibility for the physical storage and safekeeping of your Gold Coins lies with the Vault Operator. Golden Suisse’s responsibility and liability relating to the storage of Gold extends to the entering of storage agreement as your agent and the arrangement of insurance for the same in accordance with (e) below.
c. Storage Fees:
Golden Suisse agrees to pay the fees to cover the costs of storage and insurance for your Gold as long as you remain a customer of Golden Suisse pursuant to this Agreement. You authorise us to act as bailee on your behalf and to provide instructions to the Vault Operator and insurance company in such capacity. Golden Suisse offers free storage of Gold up to 25 Gold Coins per Golden Suisse Personal or Business Account, determined at all times in Golden Suisse’s sole discretion.
d. Registered Gold Coins: The balance of Gold in your Golden Suisse Personal or Business Account quantifies the number of registered, segregated, identifiable, Gold Coins stored at the Vault Operator on behalf of Golden Suisse’s Users.
e. Insurance: Golden Suisse will ensure your gold is insured against theft and damage according to the accepted insurance standards of the bullion industry. Golden Suisse confirms to you that, in each storage agreement, the Vault Operator agrees to provide Golden Suisse with documentary evidence of insurance. You can request documentary evidence of insurance for your bullion by contacting our Customer Relationship Management Team.
8. TRANSFERRING GOLD COINS TO AND FROM OTHER USERS
a. Transfer Limits: Golden Suisse may, at its discretion, impose limits on the amount of Gold Coins you can transfer to another User through the Services, including Gold Coins you transfer for purchases, to assist in protecting the integrity of the Golden Suisse system or our Users from loss, or prevent fraud and limit the risk of money laundering and terrorism financing. If you have a Personal Verified Account, we may increase your transfer limits.
b. Payment method limitations: In order to manage risk, Golden Suisse may limit the transfer methods available for a transaction. In addition, transfer methods may be limited if you make a Golden Suisse transfer through certain third party websites or applications.
c. Acceptance of transfer: If you attempt to initiate a transfer of Gold Coins to an inexistent user (email and matching account), the transaction will automatically be rejected. You agree that you will not hold Golden Suisse liable for any damages resulting from a recipient’s decision not to accept a transfer of Gold by signing up for a Golden Suisse Personal or Business Account. Any unclaimed, refunded or denied transfer will be returned to your Balance within 30 Days of the date you initiated the transfer.
d. Accuracy: You are responsible for confirming the accuracy of the information you provide about each transfer of Gold Coins that you initiate, including the email address or telephone number of the recipient, and the amount of the transaction.
e. Mobile App: If you use the Golden Suisse mobile app, you are responsible for any fees that your phone service provider charges for such use, including fees for SMS or data usage. Your phone service provider is not the provider of the Golden Suisse Services.
f. Receiving Gold: If you are selling goods or services, you may not ask the buyer to send you a personal transfer for the purchase. If you do so, Golden Suisse may remove your ability to accept Personal Transfers.
g. Receiving Limits: We may, at our discretion, impose limits on the amount of Gold Coins that can be transferred to you. You can view your receiving limit, if any, by logging into your Golden Suisse Personal or Business Account Profile.
h. Transaction Review: Golden Suisse reserves the right to review certain potentially high-risk transactions. If a transaction is being reviewed, Golden Suisse may place a hold on the transaction and provide notice to the recipient. Golden Suisse will then conduct a review and either clear or cancel the payment. If the transaction is cleared, Golden Suisse will provide notice to the recipient. Otherwise, Golden Suisse will cancel the transaction and the Gold will be returned to the buyer.
i. Risk of Reversals, Chargebacks and Claims: When you receive a transfer of Gold Coins, you are liable to Golden Suisse for the full amount of the transfer plus any applicable fees if the transaction is later invalidated for any reason. This means that, in addition to any other liability, you will be responsible for the amount of the Gold transferred to you, plus the applicable Fees listed in section 7 of this Agreement if you lose a claim or a Chargeback, or if there is a Reversal of the transaction. You agree to allow Golden Suisse to recover any amounts due to Golden Suisse by debiting your Balance. If there are insufficient Gold Coins in your Balance to cover your liability, you agree to reimburse Golden Suisse through other means.
j. Refund and Reversal currencies: All refunds and reversals will be made in Gold Coins as the original amount of the transaction.
k. Taxes: It is your responsibility to determine what, if any, taxes apply to the transfers you make or receive, and it is your responsibility to collect, report and remit the correct tax to the appropriate tax authority. Golden Suisse is not responsible for determining whether taxes apply to your transaction, or for collecting, reporting or remitting any taxes arising from any transaction.
m. Eligibility: In order to be eligible for sending or receiving transfers, United States resident users must (a) have a
Personal or Business verified Account and (b) live in a state which has the payment functionality available from time to time.
9. GOLD FUNDED CARDS
PURCHASE, RECEIPT AND ACTIVATION OF CARDS
9.3.1 You may only apply for one Card at any one time and the Card cannot be used on a corporation’s behalf. The Card is not transferrable and shall only be used by you strictly in accordance with this Agreement.
9.3.2 We will issue your Card to you on the basis of the information provided in your Application. You agree to provide accurate personal information and to tell us of any changes as soon as possible so that our records remain correct. You should update any changes to your personal information via the profile link at the Website. If you wish to load your Card with more than 2500 EUR (or foreign currency equivalent), we require you to provide us with additional personal information to meet regulatory “know your customer” (“KYC”) requirements. Your Card limits are governed by your KYC level (see paragraph 11). You may increase your limits and Card functionality at any time by providing us your KYC documentation. You can email a copy of your unexpired government issued identification and a recent utility bill bearing the same address as your registered address with us to firstname.lastname@example.org. Once these documents are received and verified we will upgrade your KYC level. Additional verification data may be required.
9.3.3 If we are unable to satisfactorily verify your identity from information provided in your Application, we will not be able to process your Application until further information is collected and verified.
9.3.4 Your Card will be posted to the address you designate, or designated on your behalf, in your Application. You should ordinarily receive your Card within approximately 5-10 business days of Application.
9.3.5 When you receive your Card, you must sign it immediately.
9.3.6 You may use your Card to make cash withdrawals. You will need a PIN for ATM withdrawals and to authorise any CHIP-based retail sales Transactions.
9.3.7 Activate your from inside the mobile app, by introducing the CVV number on the. You should never reveal your PIN to anybody. We will not reveal your PIN to a third party. If you forget your PIN you can reset it by contacting the Card Support team. Please note we will need to verify your identity to make this change. For security purposes, you must keep your PIN
secure and separate from your Card or any record of your Card number. Failure to do so will be treated as gross negligence and will affect your ability to claim any losses and may render you liable for applicable losses to your Account.
9.3.8 You can change your PIN at ATM cash machines displaying the Mastercard® acceptance mark. When you change your PIN, you must not select a PIN that may be easily guessed, such as a number that (a) is easily associated with you, such as your telephone number or birth date;
(b) is part of data imprinted on the Card; (c) consists of the same digits or a sequence of running digits; or (d) is identical to the previously selected PIN.
9.4. USE OF CARDS
9.4.1 Your Card can be used at any Merchant who accepts Mastercard (fees & limits apply apply, see paragraph 11), but no guarantee is provided that every Merchant will accept your Card for a given Transaction.
9.4.2 Cards can be used to make cash withdrawals at ATMs bearing the Mastercard® acceptance marks or at participating banks to make cash advance withdrawals (fees apply, see paragraph 11) up to the amount specified for your particular card (see paragraph 11 and the Fees and Limits Schedule). Please note some Merchants or ATMs may have lower limits than those permitted under this Agreement. Please note that extra ATM fees in addition to those shown at paragraph 11 may be charged by certain ATM providers.
9.4.3 Your Card is a prepaid card, which means that the Card’s Available Balance will be reduced by the full amount of each Transaction and authorisation, plus any taxes and charges that are applicable including any additional ATM charge if any (the ‘Full Deductible Amount’). The Full Deductible Amount must be less than or equal to the Available Balance on your Card. You must not use your Card if the Full Deductible Amount exceeds the Available Balance or after the expiry date of the Card. If, for any reason, a Transaction is processed for an amount greater than the Available Balance on your Card, you must repay us the amount by which the Full Deductible Amount exceeds your Available Balance within 14 days of receiving an invoice from us. Should you not repay this amount within 14 days of receiving an invoice from us we reserve the right to take all steps necessary, including legal action, to recover any monies outstanding.
9.4.4 You can check your Available Balance by contacting the Card Support team, logging into the Website, or calling the IVR; fees may apply.
9.4.5 Due to security safeguards, Merchants that accept your Card are required to seek authorisation from us for all Transactions. There are some circumstances where Merchants may require you to have an Available Balance greater than the value of the Transaction you wish to make; however, you will only be charged for the actual and final value of the Transaction you make. Merchants request this as they may need to access more funds than you initially planned to spend. For example:
18.104.22.168 Hotels and rental cars – As Merchants may not be able to accurately predict how much your final bill will be, they may request an authorisation for funds greater than your Available Balance.
22.214.171.124 Restaurants – You will need to have an Available Balance equivalent to the total cost of the meal plus up to 20%. This is to accommodate any service charge that could be added to your bill.
126.96.36.199 Internet Merchants – Certain Internet Merchant sites will, on registration or at checkout stage, send a request for payment authorisation to verify that funds are available; this will temporarily impact your Available Balance. Also please bear in mind that many sites won’t deduct payment until goods are dispatched so please be aware of these variances on cleared funds when checking your balance and ensure that funds are always available to cover your purchases.
188.8.131.52 In-flight purchases – Merchants may not be able to authorise your Transaction if they cannot obtain an online authorisation from us. Examples include on-board cruise or train charges and some in- flight purchases.
184.108.40.206 Membership or subscriptions – Please ensure that you always have sufficient Available
Balance on your Card if you use it to make recurring charges, such as memberships or
9.4.6 Self service petrol pumps – Your Card cannot be used at self service petrol pumps. You can use your Card to pay by taking it to the cashier.
9.4.7 The Available Balance on your Account will not earn any interest.
9.4.8 We may request you to surrender the Card at anytime for a valid reason in accordance with the provisions of paragraph 15 of this Agreement. Where we do so, we will give you back your e-money in accordance with paragraph 7 of this Agreement (free of redemption fee charge).
9.4.9 If you are entitled to a refund for any reason for goods or services obtained with your Card, you agree to accept credits to your Card for such refunds. The amounts credited to your Card for refunds may not be available for up to five (5) days from the date the refund transaction occurs.
9.4.10 Restrictions and Prohibited Transactions. We reserve the right, in our sole discretion, to add categories of prohibited transactions by adding such categories either to this Agreement or an acceptable use policy published on the Website.
220.127.116.11 It is strictly forbidden to use your Card for any illegal purposes including but not limited to fraud and money laundering. We will report any suspicious activity to the relevant law enforcement agency. You are prohibited from using your Card in an attempt to abuse, exploit or circumvent the usage restrictions imposed by a Merchant on the services it provides.
9.5. LOADING FUNDS TO YOUR ACCOUNT
‘IBAN’ – an International Bank Account Number that is attached to a Card and enables the
transfer of funds to that Card from a Bank Account.
9.5.1 Your Card is a payout card tied to an account directly or indirectly established by an employer or other such corporate payor (each, a “Payor”) on behalf of a consumer to which electronic funds transfers of the consumer’s wages or other compensation are made on a recurring basis, whether the account is operated or managed by the employer, a third-party payout processor, or a depository institution. Only funds from a Payor may be loaded to your Account In case of errors or questions about the funds loaded to your Account, contact your payout provider.
9.5.2 Deposits to your Account from your Payor will be made available on the payout file clearing date. You authorize your Payor and us to recover any funds erroneously added to your Account. If an authorized addition to your Account has an error or if you require additional information regarding funds added or loaded, you must contact your Payor immediately. You should keep track of the amount of funds loaded to your Account. You are responsible for reporting to all applicable government tax authorities, all earnings received and loaded to your Account and the payment of any applicable local, national, or international taxes that apply to such earnings.
9.5.3 Notwithstanding the effect of clauses 5.1 and 5.2 above, where we provide you with an IBAN you shall be permitted to use the IBAN to load your Card from your own bank account. The IBAN shall be issued via us by a third party and shall be subject to any restrictions imposed by that third party as communicated by us from time to time. Failure to comply with said
restrictions may result in the immediate withdrawal of the IBAN.
9.5.4 We reserve the right to suspend or terminate the right to load funds to your Card at anytime without notice.
9.6. CARD EXPIRY
9.6.1 The expiry date of your Card is printed on the front of the Card. You will not be able to use your Card if it has expired. Unless otherwise advised a renewal Card will be sent to you before your existing Card expires.
9.6.2 We may decide not to renew your Card. If we decide to do this we will provide you with 30 days notice prior to the expiry of the Card.
9.6.3 No Transaction will be processed once your Card has expired.
9.7. REDEEMING E-MONEY
9.7.1 If you would like to terminate your Card and redeem any unused funds, you may do so as long as: (a) the Available Balance is greater than €10.00 or currency equivalent; (b) we believe you have not acted fraudulently; and (c) we are not prohibited from doing so by any applicable law, regulation, court order or instruction or guidance of a competent regulatory authority or
9.7.2 You can obtain redemption of any unused funds by contacting the Card Support team. We will charge a redemption fee as detailed in the Fees and Limits Schedule.
9.7.3 Please note that our procedures may require us to carry out various identity checksreasonably required to prevent fraudulent use of your Card before we can process your redemption request.
9.8. ACCOUNTHOLDER LIABILITY AND AUTHORISATIONS
9.8.1 We may restrict or refuse to authorise any use of your Card if using the Card is causing or could cause a breach of this Agreement or if we have reasonable grounds for suspecting that either you or a third party has committed or is about to commit a crime or other abuse in connection with the Card.
9.8.2 If we need to investigate a Transaction on the Card then you must cooperate with us, or
any other authorised body if this is required.
9.8.3 You should never: (a) allow another person to use your Card; (b) record your PIN or Password in writing, or with your Card or otherwise; (c) disclose your PIN or Password to or otherwise make it available to any other person, whether verbally or by entering it in a way that allows it to be observed by others or otherwise; or (d) enter the PIN in any ATM that does not
look genuine, has been modified, has a suspicious device attached or is operating in a suspicious manner.
9.8.4 If a Transaction is made that requires use of your PIN, you will be deemed to have authorised that Transaction, and you will be liable for any Transaction made with your PIN.
9.8.5 You agree to indemnify and hold harmless us and our distributors, partners, agents, sponsors and service providers, for and against the costs of any legal action taken to enforce this Agreement and/or any breach of this Agreement or fraudulent use of your Card or PIN by or authorised by you.
9.9. LOST, STOLEN OR DAMAGED CARDS
9.9.1 You should treat the e-money on your Card like cash in a wallet. If you lose your Card or it is stolen you may lose any e-money on it in just the same way as if you lost your wallet.
9.9.2 In the event of loss, theft, fraud or any other risk of an unauthorised use of your Card, or if your Card is damaged or malfunctions, you must immediately call the IVR number and select the appropriate IVR option and follow the instructions or you can contact the Card Support team. You will be asked to provide us with your Card Number and some identifying details. You will be liable for any unauthorised Transactions that take place prior to you notifying us and these will reduce your Available Balance. If there is an Available Balance remaining on your Card, we will replace your Card and transfer the last Available Balance on to it, unless we have any reason to believe that the notified incident has been caused by your breach of this
Agreement, gross negligence or if it raises reasonable suspicion of fraudulent or improper conduct. If we replace the Card, the replacement Card will be sent to your address on record. (Fees may apply, see paragraph 11).
9.9.3 You agree to assist us, our partners, affiliates and the police if your Card is lost, stolen or if we suspect that the Card is being misused.
9.10. TRANSACTIONS MADE IN FOREIGN CURRENCIES
If you make a Transaction in a currency other than the base currency you selected in your Application (a ‘Foreign Currency Transaction’), the amount deducted from your Account will be converted to such base currency on the day we receive details of that Foreign Currency Transaction. We will use a rate set by the Association. This rate will include a Foreign Exchange Fee (see paragraph 11). Exchange rates can fluctuate and they may change between the time a Transaction is made and the time it is deducted from your Available Balance.
9.11. FEES AND PRODUCT SUMMARY
9.11.1 The Cards are subject to certain fees and restrictions set out in the Fees & Limits Schedule annexed to this Agreement or as notified to you from time to time.
9.11.2 In your Application you were asked to select a base currency in which your Account will be held, and the fees corresponding to your base currency will apply.
9.11.3 We will deduct any taxes or charges due from the Available Balance on your Card.
9.11.4 Maintenance fees and dormancy fees, if applicable, will automatically be deducted from
your Account each calendar month.
9.12.1 If you have a reason to believe that any Transaction was unauthorised by you or posted to your Account in error, you may ask us to investigate the Transaction by contacting the Card Support team within 30 days of the date of the relevant Transaction. You must confirm the disputed Transaction in writing, setting out full details of the Transaction, your reasons for disputing it and providing copies of all relevant receipts. If we are satisfied that you have already made all
reasonable efforts to resolve the dispute with the relevant Merchant we will attempt to assist you as far as is practicable.
9.12.2 If the disputed Transaction is investigated and found to be incorrect, the value of the Transaction will be refunded to your Account. Until our investigation is complete the disputed amount will be unavailable to spend. It may later be deducted from your Account if we receive information that proves that the Transaction was genuine. In the event that you do not hold
sufficient funds on your Account to make such a repayment you must repay us the disputed amount immediately upon demand. We reserve the right to charge an investigation fee in relation to any dispute, see the Fees & Limits Schedule.
9.12.3 We reserve the right not to refund sums to you if we believe that you have not acted in accordance with this Agreement.
9.13.1 We may change the terms and conditions of this Agreement, including charges, fees and limits, at any time by posting an amended version on the Website for one or more of the following reasons:
18.104.22.168 to reflect the introduction or development of new systems, methods of operation, services or facilities;
22.214.171.124 to reflect a change or an expected change in market conditions, general good practice or the cost of providing our services to our customers;
126.96.36.199 to ensure that our business is run prudently and remains competitive;
188.8.131.52 to take account of a ruling by a court, ombudsman, regulator or similar body;
184.108.40.206 to make the terms and conditions fairer or clearer for you;
220.127.116.11 to rectify any mistake that might be discovered in due course;
18.104.22.168 by agreement with you; or
22.214.171.124 to enable us to harmonise our banking interest or charging arrangements.
9.13.2 You should regularly check the Website to inform yourself of any such changes. By continuing to use the Card after any such changes have taken effect, you are indicating your acceptance of the updated or amended terms and conditions. If you do not wish to be bound by any changes or amendments to this Agreement then you should stop using your Card
9.13.3 If you are significantly disadvantaged by any change to this Agreement you may cancel your Card in accordance with our cancellation policy. In such circumstances you will not be charged a cancellation fee.
9.14.1 You may cancel your Card for any reason (a) before activating it, and (b) up to 9.14 calendar days after the date of activation (the “Cancellation Period”) by writing to the Card Support team at the address given in paragraph 20 of this Agreement. This does not apply to replacement or additional Cards where the cancellation period for the Card has expired.
9.14.2 Upon cancellation, we will refund to you the Available Balance on your Card back to you within 30 days. We will not charge you for such cancellation.
9.14.3 You may terminate your Card any time after the Cancellation Period by exercising your rights under paragraph 15.3.
9.15. TERMINATION OR SUSPENSION
9.15.1 We can terminate this Agreement at any time: (a) if we give you 30 days’ notice and refund the Available Balance to you; (b) with immediate effect if you have breached this Agreement, or if we have reason to believe that you have used, or intend to use the Card in a grossly negligent manner or for fraudulent or other unlawful purposes or if we can no longer
process your Transactions due to the actions of third parties or following any suspension of the Card under paragraph 15.2.6; or (c) with immediate effect if we have other serious grounds for doing so.
9.15.2 We can suspend your Card at any time with immediate effect (and until your default has been remedied or the Agreement terminated) if:
126.96.36.199 in the event of any fault or failure in our Transaction processing system; or
188.8.131.52 if we believe your Card details have been compromised; or
184.108.40.206 we discover that any of the information that you provided to us when you applied for
your Card was incorrect; or
220.127.116.11 a Transaction has been declined because of a lack of Available Balance; or
18.104.22.168 you have breached this Agreement or we have reason to believe that you have used, or intend to use or have permitted the Card to be used in a grossly negligent manner or for fraudulent or other unlawful purposes or if we cannot process your Transactions due to the actions of third parties; or
22.214.171.124 due to fraudulent or other suspicious activity on your Account; or 15.2.7 if we have other serious grounds for doing so; or
126.96.36.199 if we reasonably believe to be required to do so by law or in order to comply with recommendations issued by a relevant government authority or recognised body for the prevention of financial crime or other illegal activity.
9.15.3 You can terminate this Agreement at any time following the Cancellation Period by contacting the Card Support team.
9.16. OUR LIABILITY
9.16.1 Our liability in connection with this Agreement (whether arising in contract, tort (including negligence), and breach of statutory duty or otherwise) shall be subject to the following exclusions and limitations:
188.8.131.52 we shall not be liable if you are unable to use your Card for any reason stated in this Agreement or by reason of the loss or theft of or damage to the Card or any malfunction or inability to use the Card on grounds beyond our reasonable control;
184.108.40.206 we shall not be liable if a Merchant refuses to accept a Transaction or fails to cancel an
220.127.116.11 we will not be liable for the goods or services that you purchase with your Card;
18.104.22.168 we shall not be liable for any default resulting directly or indirectly from any cause beyond our control, including but not limited to, a lack of funds and/or failure of network services at ATMs, maximum withdrawal limits set by ATM operators and failure of data processing systems;
22.214.171.124 we shall not be liable for any loss of profits, loss of business, or any indirect, consequential, special or punitive losses;
126.96.36.199 where the Card is faulty due to our default, our liability shall be limited to replacement of the Card, or at our choice, redemption of the Available Balance;
188.8.131.52 where sums are incorrectly deducted from your Available Balance due to our default, our liability shall be limited to payment to you of an equivalent amount in your base currency;
184.108.40.206 in all other circumstances of our default, our liability will be limited to redemption of the Available Balance; and
220.127.116.11 we shall not be liable for any disputes between you and your Payor, any third-party payout processor, or a depository institution regarding the amount or timing of funds loaded to your Account. All such disputes shall be between you and such other third party.
9.16.2 Nothing in this Agreement shall exclude or limit our liability for death or personal injury resulting from our negligence or fraud.
9.16.3 To the extent permitted by law, all conditions or warranties implied by law, statute or otherwise are expressly excluded.
9.16.4 The above exclusions and limitations set out in this paragraph 16 shall apply to any liability of the Association, our affiliates or other suppliers, contractors, agents or distributors and any of their respective affiliates (if any), to you, which may arise in connection with this Agreement.
9.17. YOUR INFORMATION
9.17.1 You may need to provide us with personal data from time to time in connection with your Card. Some personal data will be necessary for us to provide you with the Card and services under this Agreement. You must notify us immediately of any change of name and address by contacting the Card Support team.
9.17.2 We and our affiliates are committed to maintaining your personal data in accordance with the requirements of the Data Protection Act 2002 and will take all reasonable steps to ensure that your personal data is kept secure against unauthorised access, loss, disclosure or destruction. Except as required by law, or in accordance with this agreement, your personal
information will not be passed to anyone without your permission. To comply with anti-money laundering regulations, we are required to request evidence of identity from you and may use an ID verification agency or credit reference agency (whose names and addresses will be provided to you on request) both prior to and following issue of your Card for this purpose and who will
record that an entry has been made.
9.17.3 We may contact credit reference agencies to check your identity, and they will add details of our search to your record. You agree that we can use your personal data in connection with the Card, and the e-money associated with the Card, to contact you about replacement Cards, and to enable us to review, develop and improve our products and services. This may involve
providing your personal data to our affiliates, agents, contractors, distributors, and suppliers and to the Association and its affiliates to process Transactions and for their statistical research and analytical purposes as outlined in our privacy statement. We may use or share your personal data for marketing purposes. We may also transfer your personal data outside of the EEA to enable you to use the Card while you are travelling and for the performance of our obligation under this Agreement. Such countries may not offer the same standards of protection for personal data. We may also disclose your personal data as required by law, regulation or any competent authority or agency including to authorities and agencies to investigate possible fraudulent, unlawful or unauthorised activity.
9.17.4 You have a right to inspect the personal data we hold about you however we will ask you to pay an Inspection Fee to cover our costs. For further information please contact the Card Support team.
9.17.5 If we discover that the information we hold about you is incorrect, we may have to suspend or cancel your Card until we can establish the correct information, in order to protect us both.
9.17.6 It is your responsibility to keep us updated of changes to your personal details. 17.7 A full copy of our data protection policy is available on request.
9.18. COMPLAINTS PROCEDURE
9.18.1 Complaints regarding any element of the service provided by us should be sent by email to the Card Support team.
9.18.2 All complaints will be subject to our Complaints Procedure. We will provide you with a copy of our Complaints Procedure upon request.
9.18.3 In all cases you agree that any complaint, dispute, action, proceeding, liability or claim by you must be directed and made to us exclusively in respect of the use/misuse of the Card, any Transaction, provision of the Card Support team and generally in relation to your rights under this Agreement. You irrevocably agree that all your rights are solely enforceable against us and we shall be solely liable to you for any performance/non-performance of services under this Agreement.
9.19.1 Any delay or failure to exercise any right or remedy under this Agreement by us shall not be construed as a waiver of that right or remedy or preclude its exercise at any subsequent time.
9.19.2 If any provision of this Agreement is deemed unenforceable or illegal, the remaining provisions will continue in full force and effect.
9.19.3 You may not assign or transfer any of your rights and/or benefits under this Agreement and you shall be the sole party to the contract between us. You will remain liable until the Card issued to you is cancelled or expires and all sums due under this Agreement have been paid by you in full. We may assign our rights and benefits at any time without prior written notice to you.
We may subcontract any of our obligations under this Agreement.
9.19.4 No third party who is not a party to this Agreement has a right to enforce any of the provisions of this Agreement, save Mastercard Europe and its respective affiliates may enforce any provision of this Agreement which confers a benefit or a right upon it and a person specified in paragraph 16.4 may enforce paragraph 16.
9.19.5 This Agreement is governed by Gibraltar law and you agree to the non-exclusive jurisdiction of the courts of Gibraltar.
9.20. CONTACTING THE CARD SUPPORT TEAM If you need assistance, you can contact the cardholder support@Golden Suisse.com .
10. SALE AND PURCHASE OF GOLD COINS
a. Purchasing Gold Coins: You may purchase GoldCoins through the Golden Suisse Platform in accordance with this Agreement by way of payments made with currency from a personal authorised bank account, in your own name which you have linked to your Golden Suisse Personal or Business Account. In certain circumstances, Golden Suisse may be required to reject a wire sent to it and will be unable to settle a purchase of Gold Coins as instructed. This may happen if the details you provide are insufficient, the receiving institution cannot be identified, amounts less than the market price of 1 Oz American Gold Eagle Coin, or the currency is not one of the currencies accepted by Golden Suisse from time to time. Incoming wire transfers will be rejected if they are sent from a third party or from a bank in a country which Golden Suisse, in its discretion, deems to pose a high risk. When you send a wire transfer or use a debit card to purchase Gold, you are requesting an electronic transfer from your bank account. For these transactions, Golden Suisse will make electronic transfers from your bank account in the amount you specify. You agree that such requests constitute your authorization to Golden Suisse to make the transfers. Once you have provided your authorization for the transfer, you will not be able to cancel the electronic transfer. You give Golden Suisse the right to resubmit any debit you authorised that is returned for insufficient or uncollected Gold Coins. Golden Suisse’s minimum buy order
is 1 Oz American Gold Eagle Coin.
b. Selling Gold Coins: You may, at any time, request the sale to Golden Suisse of the Gold Coins in your Golden Suisse Personal or Business Account. Golden Suisse is not obligated to purchase Gold Coins. Any sale to Golden Suisse of the Gold Coins will be at the sell price at the time of processing, determined by Golden Suisse in its discretion from time to time. You authorise Golden Suisse to identify the specific Gold Coins that it will purchase. Golden Suisse will reflect the sale in your Golden Suisse Personal or Business Account immediately, but title to the Gold Coins will transfer to Golden Suisse when it initiates payment to you. When Golden Suisse accepts your request to sell Gold Coins to it, Golden Suisse will send the payment to your Prepaid Card or your authorised personal bank account. Golden Suisse will pay you for the Gold that it purchases in the currency that you designate (provided that Golden Suisse agrees to make payments in that currency). The daily amount you may instruct Golden Suisse to send to your Prepaid Card as payment for sales of Gold to Golden Suisse might be limited by the third party operator that issues or manages the Prepaid Card and Golden Suisse reserves the right to limit transactions in its discretion. Golden Suisse does not allow payments for Gold Coin purchases to be made with a third-party wire transfer, and will not pay for Gold Coins that it purchases by making a third-party wire transfer. Golden Suisse will initiate payment to your bank account or Prepaid Card as instructed by you and agreed to by Golden Suisse.
c. Price Calculation: You agree that the price for any purchase or redemption of Gold for any transaction within your Golden Suisse Personal or Business Account will be based on the Gold Spot Price plus Premium as expressed in the Price List published on the Golden Suisse Website and in the Golden Suisse Mobile App. The Gold Spot Price is reproduced on the Golden Suisse Website continuously, with the live price displayed, being the average of the BBO at any given time. The price at which Golden Suisse will sell Gold Coins to you is the average Best Bid or BBO plus the applicable Premium. The exception is for transactions
occurring on weekends and holidays in New York when there is no BBO quotation from counterparties, at which time the rate will be the rate posted on the Golden Suisse Website. During this time, Golden Suisse prices will reflect the internal liquidity provided by the Golden Suisse market making operations and a purchase quote will be provided to you within your order at the time of you making your transaction for transactions occurring from Friday at 5:01pm EST to Sunday 6:29pm EST.
Golden Suisse reserves the right to restrict Users, at its discretion, from sending proceeds from the sale of Gold Coins to a bank account held outside their country of residence. Golden Suisse further reserves the right to reject or suspend a sale of Gold Coins, at its discretion, in circumstances where it has queries or concerns, including but not limited to source of funds, verification of user, or payment source. In the event that a User’s Personal or Business Account is closed or suspended in accordance with these Terms, Golden Suisse is entitled, at its discretion, to credit the User’s credit card with the original national currency amount, foregoing any profit or loss made in the gold price in the interim period.
11. REDEEMING PHYSICAL GOLD COINS
a. Physical Gold Coins: You can redeem your Gold Coins in the form of coins, rolls of 20 coins, and boxes of 500 coins (25 rolls of 20 coins) at any time.
b. Fees and Charges: Physical redemptions are subject to a processing fee payable from the redeeming Golden Suisse Personal or Business Account as specified in the price table under FAQ on the Golden Suisse website. Redemptions of physical gold will incur shipping and insurance charges which will be agreed with you in advance. You are responsible for the payment of any insurance, delivery, and transportation fees, which will be advised to you and agreed with you in advance. In the event that a shipment is lost in transit, the shipment will be covered by the insurance which is arranged by Golden Suisse and paid for by you. It is your responsibility to ensure that sufficient Gold Coins are available in your Golden Suisse Personal or Business Account at the effective time of any Gold Coin transfer or payment to satisfy in full any such Gold transfer or payment. Requested transactions may not be processed if you do not have sufficient Gold in your Golden Suisse Personal or Business Account.
c. Delivery: Please note that packaging of gold coins may vary. We confirm that you will always receive the coins that you have ordered; however, from time to time, we may need to send the coins in smaller deliveries. For example, if you order forty coins, you may receive two packets of twenty coins each, rather than one packet of forty coins.
12. RESTRICTED ACTIVITIES
You agree that you will not:
a. Breach this Agreement or any other agreement or policy that you have agreed to with Golden Suisse;
b. Violate any law, statute, ordinance, or regulation (for example, those governing financial services, consumer protection, unfair competition, anti-discrimination, anti-bribery and anticorruption, or false or misleading advertising);
c. Infringe on Golden Suisse’s or any third party’s intellectual property rights, including copyright, patent, trademark, trade secret, or rights of publicity or privacy;
d. Sell counterfeit goods;
e. Act in a manner that is defamatory, trade libelous, threatening, or harassing;
f. Provide false, inaccurate, or misleading information;
g. Refuse to cooperate in an investigation or provide confirmation of your identity or any information you provide to us;
h. Conduct your business or use the Golden Suisse Services in a manner that results in, or may result in, complaints, disputes, claims, reversals, chargebacks, fees, fines, penalties, and other liability to Golden Suisse, other uses, third parties, or you;
i. Have a credit score from a credit reporting agency that indicates a high level or risk associated with your use of the Golden Suisse Services;
j. Use your Golden Suisse Personal or Business Account or the Golden Suisse Services in a manner that Golden Suisse, Visa, or any electronic funds transfer network reasonably believes to be an abuse of the card system or a violation of card association or network rules;
k. Access the Golden Suisse Services from a country that is not included on Golden Suisse’s permitted countries list;
l. Take any action that imposes an unreasonable or disproportionately large load on our infrastructure; facilitate any viruses, Trojan horses, worms, or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or information; use an anonymizing proxy; use any robot, spider, other automatic device, or manual process to monitor or copy our Website without our prior written permission; or use any device, software, or routine to bypass our robot exclusion headers, or interfere or attempt to interfere with our Website or the Golden Suisse Services;
m. Take any action which may cause us to lose any of the services from our internet service providers, payment processors, or other suppliers;
n. Allow your use of the Golden Suisse Services to present to Golden Suisse a risk of noncompliance with Golden Suisse’s anti-money laundering, counter terrorist financing, and similar regulatory obligations (including, without limitation, where we cannot verify your identity); or
o. Harass and/or threaten our employees, agents, or other users. (“Restricted Activities”)
13. ACCEPTABLE USE POLICY
a. Policy: You may not use the Golden Suisse Platform or Golden Suisse Services for activities that: violate any law, statute, ordinance, or regulation, including but not limited to the laws of Zug, Switzerland, or that applicable in the territory in which you reside.
b. You may not use Golden Suisse Platform or Services with anything relating to transactions involving (i) narcotics, steroids, certain controlled substances, or other products that present a risk to consumer safety, (ii) drug paraphernalia, (iii) cigarettes, (iv) items that encourage, promote, facilitate, or instruct other to engage in illegal activity, (v) stolen goods
including digital and virtual goods, (vi) the promotion of hate, violence, racial intolerance or the financial exploitation of a crime, (vii) items that are considered obscene, (viii) items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction, (ix) certain sexually oriented materials or services, (x) ammunition, firearms or certain firearm parts or accessories, (xi) certain weapons or knives regulated under applicable law or (xii) gambling, gaming and/or any other activity with an entry fee and a prize, including but not limited to casino games, sports betting, racing, fantasy sports, lottery tickets, other ventures that facilitate gambling, games of skills and sweepstakes. relate to transactions that (i) show the personal information of third parties in violation of applicable law, (ii) support pyramid or Ponzi schemes, matrix programs, other ‘get rich quick’ schemes or certain multi-level marketing programs, (iii) are associated with purchases of annuities or lottery contracts, lay-away systems, off-shore banking or transactions to finance or refinance debts funded by a credit card, (iv) are for the sale of certain items before the seller has control or possession of the item, (v) are by payment processors to collect payments on behalf of merchants, (vi) are associated with the sale of traveler’s checks or money orders, (vii) involve currency exchanges or check cashing businesses, (viii) involve certain credit repair, debt settlement services, credit transactions or insurance activities, or (ix) involve offering or receiving payments for the purpose of bribery or corruption.
i. involve the sales of products or services identified by government agencies to have a high likelihood of being fraudulent.
14. YOUR LIABILITY: ACTIONS GOLDEN SUISSE MAY TAKE
a. General: You are responsible for all Reversals, Chargebacks, claims, fees, fines, penalties, or other liabilities incurred by Golden Suisse, another User, or a third party caused by or arising out of your breach of this Agreement, and/or your use of the Golden Suisse Services. You agree to reimburse Golden Suisse, a User, or a third party for any and all such liability.
b.Liability for Claims under Golden Suisse Business and Verified Personal Account Protection: Where protection applies to you and you are a Seller, and Golden Suisse makes a final decision that you lose a dispute filed directly with Golden Suisse, you will be required to reimburse Golden Suisse for your liability. Where you receive a transfer of Gold from a Golden Suisse Personal or Business Account holder and we determine under this Agreement that the Gold received should be returned or reversed, you will be subject to reimburse Golden Suisse for your liability. Your liability will include the full purchase price of the item or services plus the original shipping cost, if applicable (and in some cases you may not receive the item back). You will not receive a refund of your Golden Suisse fees.
c. Reimbursement for Your Liability: In the event that you are liable for any amounts owed to Golden Suisse, Golden Suisse may immediately remove Gold equal in value to such amounts from your Gold Balance.
e. Restricted Activities: If Golden Suisse, in its sole discretion, believes that you may have engaged in any Restricted Activities, we may take various actions to protect Golden Suisse, other Users, other third parties, or you from Reversals, Chargebacks, claims, fees, fines, penalties and any other liability. The actions we may take include but are not limited to the following: We may close, suspend, or limit your access to your Golden Suisse Personal or Business Account or the Golden Suisse Services (such as limiting access to any of your payment methods, and/or your ability to transfer Gold, sell Gold to Golden Suisse, make withdrawals, or remove financial Information); Subject to applicable privacy laws, we may contact Users who have purchased goods or services from you, contact your bank or credit card issuer, and/or warn other Users, law enforcement, or impacted third parties of your actions; We may update inaccurate information you provided to us; We may refuse to provide the Golden Suisse Services to you in the future; We may hold your Gold for up to 180 Days if reasonably needed to protect against the risk of liability or if you have violated our Acceptable Use Policy; We may take legal action against you; and If you violate the Acceptable Use Policy, in addition to the above actions, you will be liable to Golden Suisse for the amount of Golden Suisse’s damages caused by your violation of the Acceptable Use Policy. Golden Suisse may deduct such damages directly from any existing Balance in the offending Golden Suisse Personal or Business Account, or any other Golden Suisse Personal or Business Account you control.
f. Termination: Golden Suisse, in its sole discretion, reserves the right to terminate this Agreement, access to the Golden Suisse Website, or access to the Golden Suisse Services for any reason and at any time upon notice to you and payment to you of any unrestricted Gold held in custody for you.
g. Holds: Golden Suisse reserves the right to implement the following holds: Risk-Based Holds. Golden Suisse implements many layers of advanced transaction, and account monitoring for your safety. To protect you and other Golden Suisse users, Golden Suisse, in its sole discretion, may place a hold on any or all of the transfers of Gold to you when Golden Suisse believes there may be a high level of risk associated with you, your Account, or any or all of your transactions. Golden Suisse’s determination may be based on a number of different factors and Golden Suisse may rely on information it receives from third parties. If Golden Suisse places a hold on a payment, the Gold payment will appear as “Pending”. Golden Suisse will release the hold on any Gold transfer after 21 Days from the date the Gold was received into your Account unless you receive a dispute, claim, Chargeback, or Reversal. Golden Suisse, in its sole discretion, may release the hold earlier under certain circumstances. If you receive a dispute, claim, Chargeback, or Reversal, Golden Suisse may continue holding the Gold in your Golden Suisse Personal or Business Account until the matter is resolved pursuant to this Agreement. Disputed Transaction Holds. If a User files a dispute, claim, Chargeback or Reversal in connection with a transfer of Gold to you, Golden Suisse may place a temporary hold on the Gold in your Account to cover the amount of the liability. If you win the dispute or the transaction is eligible for Golden Suisse Business Account protection, Golden Suisse will lift the temporary hold. If you lose the dispute, Golden Suisse will remove the Gold from your Golden Suisse
Personal or Business Account.
i. Reserves: Golden Suisse, in its sole discretion, may place a Reserve on Gold held in your Golden Suisse Personal or Business Account when Golden Suisse believes there may be a high level of risk associated with your Golden Suisse Personal or Business Account. If Golden Suisse places a Reserve on Gold in your Golden Suisse Personal or Business Account, they will be shown as “pending” in your Golden Suisse Balance. If your Account is subject to a Reserve, Golden Suisse will provide you with notice specifying the terms of the Reserve. The terms may require that a certain percentage of the amounts received into your Account are held for a certain period of time, or that a certain amount of Gold is held in reserve, or anything else that Golden Suisse determines is necessary to protect against the risk associated with your Golden Suisse Personal or Business Account. Golden Suisse may change the terms of the Reserve at any time by providing you with notice of the new terms.
j. Golden Suisse Personal or Business Account Closure, Termination of Service, Limited Account Access: If we close your Golden Suisse Account or terminate your use of the Golden Suisse Services for any reason, we will provide you with notice of our actions. If we limit access to your Golden Suisse Personal or Business Account, including through a Reserve or hold, we will provide you with notice of our actions, and the opportunity to request restoration of access if, in our sole discretion, we deem it appropriate. Further, you acknowledge that Golden Suisse’s decision to take certain actions, including limiting access to your Golden Suisse Personal or Business Account by placing holds or imposing Reserves, may be based on confidential criteria that is essential to our management of risk and the security of Users’ Golden Suisse Personal or Business Accounts and the Golden Suisse system. You agree that Golden Suisse is under no obligation to disclose the details of its risk management or its security procedures to you.
15. RESOLUTION PARAMETERS
a. Protection for Unauthorised Transactions and Processing Errors: Golden Suisse will cover you for the full amount of every eligible unauthorised transaction or processing error within your Golden Suisse Personal or Business Account, as long as you follow the procedures set out in this clause 18.
b. Scope: An unauthorised transaction is a type of error that occurs when Gold is sent from your Golden Suisse Personal or Business Account that you did not authorise and that did not benefit you. For example, if someone steals your password, through no fault of your own, uses the password to access your Golden Suisse Personal or Business Account, and sends a transfer from your Golden Suisse Personal or Business Account, an unauthorised transaction has occurred. If you give someone access to your Golden Suisse Personal or Business Account (by giving them your login information) and they conduct transactions without your knowledge or permission, you are responsible for any resulting use. These transactions are not covered under any Golden Suisse protection programs. Examples of processing errors include Gold incorrectly taken from your Golden Suisse Personal or Business Account or incorrectly placed into your Golden Suisse Personal or Business Account, transactions being incorrectly recorded in your Golden Suisse Personal or Business Account, a missing transaction, or a transaction not properly identified in your Golden Suisse Personal or Business Account history. You may request documentation or information regarding your Account or transaction to determine whether an unauthorised transaction or processing error exists by contacting us through the contact link at the bottom of each page of the Golden Suisse website.
c. Notification Requirements: You should immediately notify Golden Suisse if you believe: there has been an unauthorised transaction or unauthorised access to your Golden Suisse Personal or Business Account; there is an error in your Golden Suisse Personal or Business Account or activity or transaction confirmation sent to you by email; your password has been compromised; your phone on which you have installed the Golden Suisse mobile app has been lost, stolen or deactivated; or you need more information about a transaction or transaction confirmation.
d. Eligibility: To be eligible for protection for errors in your Golden Suisse Personal or Business Account, you must notify us within 60 Days of any unauthorised transaction or processing error first appears in your Golden Suisse Personal or Business Account activity. You should regularly log into your Dashboard and review your Golden Suisse Personal or Business Account activity to ensure that there has not been an unauthorised transaction or processing error. Golden Suisse will also send an email to the primary email address you have provided in order to notify you of each transaction from your Golden Suisse Personal or Business Account. You should also review these transaction confirmations to ensure that each transaction was authorised and is accurate. For unauthorised transactions or processing errors in your Golden Suisse Personal or Business Account, notify us at support@Golden Suisse.com.
e. Information required: When you notify us, provide us with all of the following information: Your name and email address registered to your Golden Suisse Personal or Business Account; A description of any suspected unauthorised transaction or processing error and an explanation as to why you believe it is incorrect or why you need more information to identify the
transaction; and The Oz gold amount of any suspected unauthorised transaction or processing error.
f. Form of notification: If you notify us orally, we may require that you send us your complaint or question in writing within
10 Days. During the course of our investigation, we may request additional information from you.
g. Golden Suisse actions after receipt of your notification: Once you notify us of any suspected unauthorised transaction or processing error, or we otherwise learn of one, we will do the following: We will conduct an investigation to determine whether there has been an unauthorised transaction or processing error that is eligible for protections. We will complete our investigation within 30 Days of the date we received your notification of the suspected unauthorised transactions or processing error. If we decide that we need more time to complete our investigation, we will provisionally credit your Golden Suisse Personal or Business Account for the amount of the suspected error. You will receive the provisional credit within 10 Days of the date we received your notice (or 20 Days for new Golden Suisse Personal or Business Accounts). This will allow you to have use of the Gold until we complete the investigation. We will notify you of the provisional credit within 2 Days of the crediting. If we ask you to put your complaint or question in writing and we do not receive it within 10 Days (or 20 Days for new Golden Suisse Personal or Business Accounts), we will not provisionally credit your Golden Suisse Personal or Business Account. We will inform you of our decision within 3 Days after completing our investigation. If we determine that there was an error, we will promptly credit the full amount of the error into your Golden Suisse Personal or Business Account within 1 Day of our determination. Or, if you have already received a provisional credit, you will be allowed to retain those amounts. If we decide that there was not an error, we will include an explanation of our decision in our email to you. If you received a provisional credit, we will remove it from your Golden Suisse Personal or Business Account and notify you of the date and amount of the debit. You may request copies of the documents that we used in our investigation.
16. DISPUTES WITH GOLDEN SUISSE
a. Contact Golden Suisse First If: If a dispute arises between you and Golden Suisse, our goal is to learn about and address your concerns and, if we are unable to do so to your satisfaction, to provide you with a neutral and cost effective means of resolving the dispute quickly. Disputes between you and Golden Suisse regarding the Golden Suisse Services may be reported to our Customer Success Team.
b. Arbitration: For any dispute excluding for injunctive or other equitable relief, the party requesting relief may be eligible to elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. If a party elects arbitration, that party will initiate such arbitration through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
a. Limitation of liability: Nothing in this Agreement excludes or limits the liability of Golden Suisse for death, personal injury, fraud, or fraudulent misrepresentation. Subject to the above, in no event shall we (including for greater certainty, our affiliates), and the officers, directors, agents, employees, and suppliers of Golden Suisse (including for greater certainty, our affiliates) be liable for lost profits or any special, incidental, indirect, or consequential, or punitive damages (including without limitation damages for loss of data or loss of business) arising out of or in connection with our website, the services, or this Agreement (however arising, including negligence), unless and to the extent prohibited by law. Our liability (including for greater certainty, our affiliates), and our (and their respective) officers, directors, agents, employees, and suppliers, to you or any third parties in any circumstance is limited to the actual amount of direct damages. In addition, to the extent permitted by applicable law, Golden Suisse (including for greater certainty, our parent and affiliates), and our (and their respective) officers, directors, agents, employees, and suppliers are not liable, and you agree not to hold these parties responsible, for any damages or losses (including, but not limited to, loss of money, goodwill, reputation, profits, or other intangible losses or any special, indirect, or consequential damages) resulting directly or indirectly from:
(a) your use of or your inability to use the Golden Suisse Website or Golden Suisse Services;
(b) delays or disruptions in Golden Suisse’s sites and Golden Suisse Services;
(c) viruses or other malicious software obtained by accessing the
Golden Suisse Website or Golden Suisse Services or any website or service linked to the Golden Suisse Website or Golden Suisse Services;
(d) glitches, bugs, errors, or inaccuracies of any kind in or on the Golden Suisse Website or Golden Suisse Services or in the information and graphics obtained from them;
(e) the content, actions, or inactions of third parties;
(f) a suspension or other action taken with respect to your Golden Suisse Personal or Business Account;
(g) any loss as a result of risks associated with online trading, including software and hardware failure latent defect, loss of data, delays, failure, errors, omissions, or losses of transmitted information or instructions, power outages, internet failure, hackers, denial of service (DoS) attacks, viruses, or other contaminating or destructive properties;
(h) for any fees, duties, taxes, or loss as a result of theft or any other loss of Gold after it has been removed from the Vault at your request for delivery or collection;
(i) information sent over the internet may not be completely secure and the internet and related online systems may not function at all times. We are not responsible for any loss or damages you may incur if a third party obtains access to your confidential information transmitted over the Internet or if you are temporarily unable to determine your balance on the Golden Suisse Platform;
(j) your need to modify practices, content, or behavior, or your loss of or inability to do business as a result of changes to this Agreement or Golden Suisse’s policies. Golden Suisse reserves the right to modify its policies and this Agreement at any time consistent with the provisions outlined herein. Golden Suisse will not be in breach of this Agreement or otherwise liable for any loss suffered or incurred as a result of any delay in performance or any non-performance of any obligations under this
Agreement (and, where relevant, the time for performance will be extended accordingly) if and to the extent that the delay or non-performance is owing to Force Majeure or neglect, serious fault or willful misconduct on the part of you including any failure to keep your Password secure and any failure to comply with this Agreement or associated policies.
b. No Warranties: Golden Suisse, its employees, and its suppliers provide the Golden Suisse Services “as is” and without any warranty or condition, express or implied, or statutory. Golden Suisse, its employees, and its suppliers specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose, and non-infringement. Golden Suisse does not have any control over the products or services that are paid for with the Golden Suisse Services and Golden Suisse cannot ensure that a buyer or a seller you are dealing with will actually complete the transaction or is authorised to do so. You are responsible for conducting appropriate due diligence on parties with whom you choose to deal and you accept that Golden Suisse does not accept liability for any fraudulent or misleading actions of parties to whom you make and from whom you receive transfer. Golden Suisse does not guarantee continuous, uninterrupted or secure access to any part of the Golden Suisse Platform, and operation of our site may be interfered with by numerous factors outside of our control. Golden Suisse will make reasonable efforts to ensure that requests for electronic debits and credits involving bank accounts and credit cards are processed in a timely manner but Golden Suisse makes no representations or warranties regarding the amount of time needed to complete processing because the Golden Suisse Services are dependent upon many factors outside of our control, including for example, delays in the banking system. To the extent that the State in which you reside does not permit the disclaimer of implied warranties, the foregoing disclaimers may not apply to you. This section gives you specific legal rights and you may also have other legal rights that vary from State to State. This clause shall survive termination of the Agreement or closure of your Golden Suisse Personal or Business Account.
c. Force majeure: Neither party shall be in breach of this Agreement nor liable for delay in performing, or failure to perform, any of its obligations under this Agreement if such delay or failure result from events, circumstances or causes beyond its reasonable control. In such circumstances, the affected party shall be entitled to a reasonable extension of the time for performing such obligations. If the period of delay or non-performance continues 6 months, if the Golden Suisse User is not affected, he or she may terminate this Agreement by closing his or her Golden Suisse Personal or Business Account and thereby terminating this Agreement in accordance with clause 4.
d. Market disruption: In the case of market distortion, volatile markets, systems (including third party systems upon which Golden Suisse is reliant) being hacked, and market disruption, Golden Suisse reserves the right to adjust an order if the metal and currency quotes received from Golden Suisse’s data source, when the order was placed, is found to be incorrect. Golden
Suisse will contact you if an order needs to be adjusted due to incorrect market data, and you may cancel the order if you do not want to trade on the corrected market rate.
e. Law and forum: This Agreement will be governed by and interpreted in accordance with the laws of Zug, Switzerland . Except as otherwise agreed by the parties, you agree to irrevocably submit to the nonexclusive jurisdiction of the courts of Zug for the purpose of any suit, action or other proceeding arising out of this Agreement or your use of the Golden Suisse Website or the
Golden Suisse Services.
f. No Waiver: Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
g. Indemnification: You agree to defend, indemnify, and hold Golden Suisse, its officers, directors and employees harmless from any claim or demand (including attorneys’ fees) made or incurred by any third party due to or arising out of your breach of this Agreement and/or your use of the Golden Suisse Services.
h. Assumption of Rights: If Golden Suisse pays out a claim, reversal or Chargeback that you file against a recipient of your transfer, you agree that Golden Suisse assumes your rights against the recipient and third parties related to the transfer, and may pursue those rights directly or on your behalf, at Golden Suisse’s discretion.
i.Release of Golden Suisse: If you have a dispute with one or more users, you release Golden Suisse (and our officers, directors, agents, and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such disputes.
j. Death or incapacity: If you die or otherwise become incapacitated, we will take instructions in respect of your Golden Suisse Personal or Business Account from your authorised executor or administrator upon delivery to us of sufficient proof of authority of such executor or administrator and the documentation as requested.
k. Right of set-off: You shall be under an obligation to pay all amounts due under this Agreement in full without any deduction or withholding except as required by law and you shall not be entitled to assert any credit, set-off, or counterclaim against Golden Suisse in order to justify withholding or disputing payment of any such amount in whole or in part. Golden Suisse may, without limiting its other rights or remedies, set-off any amount owing to it (or to any of its affiliates) by you against any amount payable by Golden Suisse to you.
l. Entire agreement: This Agreement, along with any applicable policies and agreements on the Legal Agreements page on the Golden Suisse Website, sets forth the entire understanding between you and Golden Suisse with respect to the Services. In the event any provision (or part
of any provision) of this Agreement shall for any reason be held by a court or any other competent authority to be invalid, illegal, or unenforceable, that provision, to the extent required, shall be deemed deleted and the remaining provisions shall remain valid and enforceable.
m. Rights of third parties: A person who is not a party to this Agreement shall not have any rights under or in connection with it.
n. No agency or partnership: Except as otherwise expressly provided for in this Agreement, nothing in this Agreement is intended to, or shall be deemed to, constitute a partnership or joint venture of any kind between any of the parties, nor constitute any party the agent of another party for any purpose. No party shall have authority to act as agent for, or to bind, the other party in any way.
o. Void where prohibited: Although the Golden Suisse Website is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Golden Suisse Website are available to all persons or in all geographic locations, or appropriate or available for use outside of Switzerland. Golden Suisse reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Golden Suisse Website is void where prohibited. If you choose to access the Golden Suisse Website from outside Switzerland, you do so on your own initiative and you are solely responsible for
complying with applicable local laws.
p. Language: The parties to this Agreement agree that this Agreement and any related document be written in English. Notwithstanding any other provision of this Agreement, any translation of this Agreement is provided for your convenience. The meanings of terms, conditions and representations herein are subject to definitions and interpretations in the English language. Any translation provided may not accurately represent the information in the original English.
q. Ownership: Golden Suisse is the merchant for transfers.
In this Agreement, unless otherwise expressly stated or in the context requires otherwise, the following terms shall have the meanings set out below:
“Agreement” means these terms of service, any account-opening documentation (including an electronic registration form you complete when applying for a Golden Suisse Personal or Business Account) and any other documents, terms and conditions, or policies which are expressly stated by Golden Suisse to form part of the agreement between us and you;
“Balance” means the amount of 1 Oz American Gold Eagle Coins on your Golden Suisse Personal or Business Account;
“Chargeback” means a request that is filed directly with a debit or credit card payments.
“Customer”, “user”, “you” means a person who has registered and has been accepted by us for a Golden Suisse Personal or Business Account on the Golden Suisse Website or Golden Suisse Mobile App including satisfactorily completing the applicable verification requirements in accordance with this Agreement;
“Customer Success Team” is Golden Suisse’s support team for Golden Suisse Personal or Business Accounts which can be accessed online or emailing support@Goldensuisse.com. Our Customer Success team will respond to you within 10 working days between the hours of 9am to 5pm EST Monday to Friday, excluding public holidays.
“Days” means working days;
“Disclaimer” means the general disclaimer of liability that appears on the Golden Suisse
Website, which disclaimer forms part of this Agreement;
“Force Majeure” means any circumstance, act, or event beyond our reasonable control,
including (but not limited to) any: lock outs, strikes or other industrial disputes (in each case,
whether or not relating to our workforce and whether or not beyond our reasonable control);
changes to applicable laws, acts, or regulations of any governmental or supranational bodies or
authorities; breakdown, failure, malfunction, or hacking of telecommunications or computer
services or systems (including the internet) including, without limitation, any third party services
or systems or acts of hackers; unusual volatility in the market, hacking, Denial of Service (DoS)
attack, deliberate market distortion or manipulation, and disruptions to trading or the trading
price; act of God, fire, act of government or state, terrorist act, war, civil commotion, insurrection
or embargo, earthquake, nuclear incident, floods, volcanic action; inability to communicate with
brokers or market makers for whatever reason or late or mistaken delivery or payment by any
bank or counterparty; prevention from or hindrance in obtaining any energy or other supplies;
and any other reason (whether or not similar in kind to any circumstance, act or event described
in (a) to (f) above).
“Gold” means the gold meeting the specifications set out in clause 5 which you can use to utilize
the Golden Suisse Services;
“Golden Suisse”, “we”, “us”, or “our” means GCB Suisse AG, a company incorporated pursuant
to the laws of Zug, Switzerland and continued under the laws of Switzerland,;
“Golden Suisse Platform” means the Golden Suisse private and public website accessible at
www.goldensuisse.com amended from time to time (the “Website”), the Golden Suisse
Community (Community”) and any associated Golden Suisse-hosted websites or mobile
applications (“Mobile App”) (collectively the “Golden Suisse Platform”).
“Golden Suisse Profile” means the location on the Golden Suisse Platform where you can, after
logging in, view and manage your profile, including your personal information, payment method
details, preapproved payment authorizations, your selling tools, and your Account settings
including your notification preferences and permissions.
“Golden Suisse Services” means the Golden Suisse Platform and any of the services provided
to you by Golden Suisse, together with the Golden Suisse Platform;
“Golden Suisse Website” means the Golden Suisse private and public website accessible at
www.goldensuisse.com amended from time to time;
“Golden Suisse Personal or Business Account” means the electronic record of 1 Oz American
Eagle Gold Coins that you hold, quantity of 1 Oz American Gold Eagle Coins held by or for you
or on your behalf (as the case may be) at the Vault; your transactions with us; the fees levied by
us for services provided to you.
“Information” means any confidential and/or personally identifiable information or other
information related to Golden Suisse Personal or Business Account or User, including but not
limited to the following: name, email address, billing/shipping address, phone number and
“Password” means the alpha-numeric string of at least eight (8) characters in length with at least
one number and one letter that you may use to access your Golden Suisse Personal or
the Golden Suisse Website, which policy forms part of this Agreement;
“Restricted Activities” are the activities defined in clause 4 of this Agreement;
“Reversal” means Golden Suisse reverses a transfer of Gold you received because (a) it is
invalidated by the sender’s bank, (b) it was sent to you in error by Golden Suisse, its parent, or
any direct or indirect Golden Suisse subsidiary, (c) the sender of the transfer did not have
authorization to send the transfer (for example: the sender used a credit card that did not belong
to the sender), (d) you received the transfer for activities that violated this Agreement, the
Acceptable Use Policy, or any other Golden Suisse agreement, or (e) Golden Suisse decided a
claim against you.
“Seller” means a User who is selling goods and/or services and using the Services to receive
“Vault” means the service provider appointed by us in accordance with clause 8 to store Gold on
behalf of our customers.