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Access Maxum Gold Account

  • Website Terms of Use
  • Maxum Delight Terms & Conditions
  • Personal Data Protection Policy
  • Cookies Policy
  • Gold Charts
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© 2019, Maxum Trade Ltd. All Rights Reserved.
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WEBSITE TERMS OF USE

1 LEGAL AND BINDING AGREEMENT

1.1 Terms

1.2 Acknowledgements

2 DEFINITIONS AND INTERPRETATION

2.1 Definitions

2.2 Interpretation

3 LICENSE TO USE SITE

3.1 Authorization

3.2 Links

3.3 Acknowledgement

4 INTELLECTUAL PROPERTY RIGHTS

4.1 Ownership

4.2 Consents

4.3 Survival

4.4 Warranties

5 EXCLUSION OF LIABILITY

5.1 Exclusion

5.2 Legislative Considerations

6 PRIVACY POLICY

6.1 Our policy

6.2 Personal data

6.3 Authorizations, Access and Alterations

7 TERMINATION OF TERMS

8 MAXUM GOLD ONLINE STORE ACCESS AND USE

8.1 Access

8.2 Opening a Customer Account

8.3 Responsibility

8.4 Contact and Communication

9 SECURITY OF DATA

9.1 Practice

9.2 Your responsibility

10 PURCHASE OPTIONS

10.1 Options

10.2 Payments

10.3 Purchase

10.4 Upon Settlement of Your Purchase

11 STORAGE

11.1 Authorizations

11.2 Storage Allocations

12 SALE OF GOLD

13 FEES

13.1 Service Fees

13.2 Your responsibility to be informed

14 YOUR LIABILITY

15 CANCELATION OF MAXUM ONLINE STORE ACCOUNT

15.1 By your request

15.2 Cancellation or Suspension

15.3 Dormant Account

16 COMPLAINTS

17 GOVERNING LAW

18 DISPUTE RESOLUTION

18.1 Mediation

18.2 Urgent Interlocutory Relief

18.3 Arbitration to follow Mediation if Unresolved

19 GENERAL

19.1 Provisions

19.2 Further Acknowledgements

19.3 Survival of Obligations

19.4 Successors and assigns

19.5 Force Majeure

19.6 Entering into Agreement, Agreement validity period and termination of the Agreement.

  • 1 LEGAL AND BINDING AGREEMENT

    1.1 Terms
    1.1.1 These Terms of Use (“Terms”) govern your use of our website located at www.maxumgold.com (“Site” or “Web Site”) and form a binding contractual agreement between you, the user of the Site and us, MAXUMGOLD. They include, as relevant, the Program Terms (similarly published on the Site, and amended from time to time).
    1.1.2 As these terms form a binding contract with you, these Terms are important and you should ensure that you read them carefully and contact us with any questions before you use the Site. You can contact us through:
    a. info@maxumgold.com.

    1.2 Acknowledgements

    By using the Site you acknowledge and agree that:

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

  • 2 DEFINITIONS AND INTERPRETATION

    2.1 Definitions

    In these Terms, unless the context indicates otherwise:

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

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

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

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

    2.1.5 MaxumGold Online or MAXUMGOLD means Maxum Trade Limited, a duly incorporated company in Malta.

    2.1.6 Maxum Trade Limited, is a duly incorporated company registered at the Malta and is committed to trade lawfully utilizing the brand name and systems owned by Maxum Trade Limited.

    2.1.7 MAXUMGOLD or the Company or we or us means Maxum Trade Ltd and subject only to Sub-Clause 19.1.7.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

    2.2 Interpretation

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

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

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

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

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

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

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

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

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

  • 3 LICENSE TO USE SITE

    3.1 Authorization

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

    3.1.2 You must not add any content to the Site:

    a. unless you hold all necessary rights, licenses and consents to do so;

    b. that would cause you or us to breach any law, regulation, rule, code or other legal obligation;

    c. that is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy;

    d. that would bring us, or the Site, into disrepute; or

    e. that infringes the intellectual property or other rights of any person; and you indemnify MAXUMGOLD and MAXUMGOLD Online jointly and severally, accordingly.

    3.2 Links

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

    3.3 Acknowledgement

    You acknowledge and agree that:

    a. we retain complete editorial control over the Site and may alter, amend or cease the operation of the Site at any time at our sole discretion;

    b. the Site will not operate on a continuous basis, and may be unavailable from time to time (including for maintenance purposes); and

    c. MAXUMGOLD Online retains ownership of the Site, including any variations; improvements; and developments.

    d. In consideration of use of the Site, and being granted a username and password you further covenant that:-

    i. whilst a member (and for a period of 5 years from the termination of your contractual relationship with MaxumGold) either personally or through any other company, partnership, joint venture, trust or otherwise be directly or indirectly interested or concerned in any business organization which carries on anywhere within the territory any competitive business; and

    ii. you shall not directly or indirectly solicit, canvass or entice any employee or customer away from MaxumGold or any subsidiary or licensee of MaxumGold.

    e. you may not under any circumstance copy any Intellectual Property, compete with MaxumGold.

  • 4 INTELLECTUAL PROPERTY RIGHTS

    4.1 Ownership

    4.1.1 Nothing in these Terms constitutes a transfer of any intellectual property rights from MAXUMGOLD Online to you. You acknowledge and agree that, as between you and us, MAXUMGOLD Online owns all intellectual property rights in the Site; and the use of the words MaxumGold, MaxumGold Online and MaxumGold Delight.

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

    4.2 Consents

    If you add any content in which any third party has rights, you must also ensure that the third party also consents in the same manner.

    4.3 Survival

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

    4.4 Warranties

    4.4.1 You represent and warrant to us that you:

    a. have all necessary rights to grant the licenses and consents set out in sub-clause 4.1.2 and clause 4.2, and hold us harmless accordingly.
    b. have read these Terms;
    c. are 18 years of age or older;
    d. have the legal capacity to enter these Terms and to be bound by them in your jurisdiction; and
    e. you have complied with sub-clause 3.1.2.

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

  • 5 EXCLUSION OF LIABILITY

    5.1 Exclusion

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

    a. liability in respect of interruption of business or any consequential or incidental damages including with respect to use of the website.

    b. representations, warranties or terms (whether express or implied) other than those expressly set out in these Terms.

    c. liability for errors, negligence, delay or inability to execute orders to make Gold Payments. Any requests are processed by us on a best effort basis.

    5.2 Legislative Considerations

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

    a. in the case of goods: the replacement of the goods or the supply of equivalent goods.

    b. in the case of services:

    i. the supply of the services again; or

    ii. the payment of the cost of having the services supplied again.

  • 6 PRIVACY POLICY

    6.1 Our policy

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

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

    6.2 Personal data

    6.2.1 The procedure of Personal data processing and protection is regulated by the "Data protection policy", that is developed in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).

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

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

    6.2.3 If you make any purchases from us or through our service, billing and credit card information may be required. All such credit card transactions are fully encrypted and your billing and credit card information is collected and stored by us or a trusted third party. Any third party credit card vendor will be prohibited from using this information for any purpose other than storing the credit card details.

    6.2.4 Some of the information we collect may be collected automatically by use of a “cookie”. Cookies are small text files that reside on your computer and identify you as a unique user. Cookies enable us to monitor your progress throughout our services and track your status when ordering products from us. You can choose to set your browser to reject cookies or you can manually delete individual or all of the cookies on your computer by following your browser’s help file directions. However, this may result in you having trouble accessing and using some of our pages and features from our service.

    6.2.5 We use the Personal Information that we collect to complete a contact or request, to provide our service, to better understand your needs, to further our marketing, to improve our products and services, and to contact you. The Personal Information held by us may be necessary to enable us to deliver our service to you and to comply with our legal obligations. If we are not provided with Personal Information, we may be unable to deliver, or unable to deliver in full, our service to you.

    6.3 Authorizations, Access and Alterations

    6.3.1 In the event that MAXUMGOLD become aware or reasonably believe that you are involved in activities which are illegal in any jurisdiction which we consider relevant (at our absolute discretion), then we reserve the right to co-operate fully with government agencies in any part of the world and will not be bound by any duty of confidentiality to you.

    6.3.2 We have taken steps, by such security safeguards as it is reasonable in the circumstances to take, to ensure that Personal data we hold under our control is protected against:

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

    6.3.3 Your account information is accessible online only through the use of a password. To protect the confidentiality of Personal data, you must keep your password confidential and not disclose it to any other person. You are responsible for all uses of our service by any person using your password. Please notify us immediately if you believe your password has been misused.

    6.3.4 We reserve the right to change this Privacy Policy at any time. If our privacy practices change and our Privacy Policy is changed accordingly, we will notify you of such change including the date our Privacy Policy was last updated. You will have the ability to opt-out of our services. We recommend that you periodically review our website for any updates to this Privacy Policy.

  • 7 TERMINATION OF TERMS

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

  • 8 MAXUMGOLD ONLINE STORE ACCESS AND USE

    8.1 Access

    8.1.1 MAXUMGOLD Online Store access is granted on an individual basis, and controlled by your access username and password. In order to create a Customer Account with us, you must comply with our Customer Acceptance Policy including a requirement to verify your identity and your residential address. A new customer account cannot be created until this information is provided.

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

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

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

    8.2 Opening a Customer Account

    8.2.1 Upon your satisfying our Customer Acceptance Policy, we will open a Customer Account for you, which will be allocated a unique number and be accessible electronically by you; provide you with a Message Box for communication; and hold an electronic record of the following:
    a. the quantity and the weight of the Gold in grams that belongs to you and is held by our licensed gold provider on your behalf;
    b. the quantity of any Registered Bars that are registered in your name as a Customer together with corresponding gold bar serial numbers;
    c. any Funds on Account held on your behalf;
    d. transactions between you (as Customer) and the Company; and
    e. Fees charged by the Company for services provided.

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

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

    8.3 Responsibility

    8.3.1 You are responsible for all transactions and instructions, which have been authorized by use of your MAXUMGOLD Online Store password.
    8.3.2 We will have no obligation to verify any instruction given to us through your MAXUMGOLD Online Store account.
    8.3.3 Concerning your Account or any other matter related to this Agreement, you may securely contact the Company via your Message Box. You receive communications from the Company in the same way. You shall be deemed to have received a message posted in your Customer’s Message Box on the day that it was posted. An e-mail notification is also sent to the Customer’s Email Address each time a message is posted in your Message Box, which shall be deemed to have been received on the day on which it is sent in accordance with this clause.

    8.4 Contact and Communication

    8.4.1 You acknowledge that the primary method for accessing your account and communicating with us is through the Internet. It is your responsibility to make sure that you have appropriate Internet access if you wish to use the Service.
    8.4.2 It is your responsibility to inform us of any changes to your email address, telephone number, postal address, physical address, bank account details, or any other relevant information. We accept no liability for errors made due to incorrect personal information being provided.
  • 9 SECURITY OF DATA

    9.1 Practice

    9.1.1 We employ a high level of security monitoring and software, including 128-bit SSL encryption technology. We also strongly recommend that you safeguard your online personal and product information with up to date Internet security software and operating system updates.

    9.1.2 You must not select an unsuitable password. Unsuitable passwords include number and letter combinations that may be easily guessed, passwords used by you for other banking or non-banking services, or other easily accessible personal information (for example birthdate, family, pet or street names). You must keep your MAXUMGOLD Online Store password confidential at all times.

    9.2 Your responsibility

    9.2.1 You must:

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

  • 10 PURCHASE OPTIONS

    10.1 Options

    There are a number of options for the purchase of Gold from our website. These options include:
    a. Paying in full; or
    b. (if You are purchasing through a Program) Paying in installments in accordance with the Program Terms.

    10.2 Payments

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

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

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

    10.3 Purchase

    10.3.1 You will select the quantity from the Online Store.

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

    10.3.3 You understand that for regulatory reasons the Online Store might need to delegate certain tasks from these Terms to third parties (assignees) depending on the country where physical gold is to be picked up by You, to preserve compliance, best practice and Your interests. Such tasks might include but are not limited to:
    a. the actual handover of physical gold;
    b. the gathering of additional and more detailed client information as well as further identification of the client.
    You are willing to enter in a respective limited contractual relation with an assignee as well as to issue additional information as might be required by local regulations to ensure You are best able to collect your Purchase.

    10.4 Upon Settlement of Your Purchase

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

  • 11 STORAGE

    11.1 Authorizations

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

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

    11.2 Storage Allocations

    11.2.1 All Gold held for you through our gold provider is held as unallocated storage.

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

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

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

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

  • 12 SALE OF GOLD

    12.1 You have the right to sell Gold or Gold Bars through your Customer Account in exchange for Euros at the current Gold Price posted on our Web site, this will form the Agreed Value.
    a. The proceeds from any sale will be credited to your Customer Segregated Funds Account, such credit to be full and final settlement of any amount due to you in respect of such purchase by the Online Store from You.
    b. At the time the Agreed Value is credited to your Customer Segregated Funds Account, clear title to the subject Gold or Gold Bars shall immediately vest in MAXUMGOLD.

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

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

  • 13 FEES

    13.1 Service Fees

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

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

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

    13.2 Your responsibility to be informed

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

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

  • 14 YOUR LIABILITY

    14.1 You will be liable for any loss suffered by us (including but not limited to consequential loss), which results from:
    a. your fraud or negligence.
    b. your breach of these Terms and/or the Program Terms.
    c. the unauthorized access to or use of your products through the MAXUMGOLD Online Store and to which you have contributed by your failure to comply with these Terms and Conditions. This includes situations where you:
    i. select an unsuitable MAXUMGOLD Online Store password;
    ii. fail to reasonably safeguard your MAXUMGOLD Online Store password; or
    iii. unreasonably delay notifying us of the actual or suspected disclosure to any other person of your MAXUMGOLD Online Store password, or that there has been or you suspect there has been unauthorized access or activity on your products.

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

  • 15 CANCELATION OF MAXUMGOLD ONLINE STORE ACCOUNT

    15.1 By your request

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

    15.2 Cancellation or Suspension

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

    15.2.2 We may suspend or cancel your MAXUMGOLD Online Store access immediately:
    a. upon your death, bankruptcy or if we become aware that you lack legal capacity;
    b. if you breach these Terms and Conditions or our Program Terms;
    c. to comply with a court order or other legal requirement;
    d. if we are notified of a dispute over the funds in, or the operation of, a product; or
    e. if we have reason to believe your MAXUMGOLD Online Store access has been compromised.
    f. if your actions contravene the internal rules of MAXUMGOLD online store.

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

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

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

    15.3 Dormant Account

    If you do not access your account for a period of 12 months or more your account will be deemed dormant and will require reactivation.
    a. A reactivation fee may be charged to your account.
    b. If you do not reactivate your account within six months, we will cancel your account as per clause 15.2.
    c. If your order has not been paid within the period of 12 months or more, and you did not enter to your personal account within 3 months from the expiry of the standard term of the agreement, Company reserve the right to hold your account invalid and put under restraint the right of use of the account or cancel the agreement on an ex parte basis.

  • 16 COMPLAINTS

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

    a. If you have a complaint about our services or products, you may refer your complaint:
    i. to the Company, through your Message Box; then if it is not resolved
    ii. to the team supervisor, customer care.
    b. The team supervisor may be contacted as follows:
    . by email at concerns@maxumgold.com; or

  • 17 GOVERNING LAW

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

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

  • 18 DISPUTE RESOLUTION

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

    18.1 Mediation

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

    18.1.2 The non-binding mediation procedure is:
    a. The party wishing to resolve a dispute by mediation must give notice in writing of the dispute to the other party. Such notice shall be deemed to have been served in Malta.
    b. The notice must state that a dispute has arisen and provide particulars of the dispute.

    18.1.3 When a notice of dispute is given in accordance with this Agreement the parties will appoint a mediator by agreement within 14 days, failing agreement either party may request the President of the Malta Law Society (or his or her nominee) to appoint a mediator:
    a. The parties will cooperate with the mediator in an effort to resolve the dispute.
    b. If the dispute is settled then the terms of settlement will be written up by the mediator and signed by the parties to the dispute.
    c. If the dispute is not settled within 30 days of the appointment of the mediator, or within any extended time that the parties agree to in writing then the parties will no longer be bound by this mediation provision.
    d. The parties to this Agreement agree that all written statements given to the mediator or to each other and any discussions between any of the parties or between any of the parties and the mediator during the mediation are inadmissible in legal or arbitral proceedings by any party other than the party that made them.
    e. The parties to any dispute will share equally the cost of the mediator’s fees and costs including travel, room hire and refreshments.

    18.2 Urgent Interlocutory Relief

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

    18.3 Arbitration to follow Mediation if Unresolved

    18.3.1 Subject to: -
    a. Sub-Clause 18.2; or
    b. the mutual consent of the Parties,
    c. any dispute which is not settled by mediation shall in the first instance be referred to arbitration in accordance with the appropriate Arbitration Act, provided further that in any such arbitration the parties shall have the option of appearing by video, telephone, or such other technology that permits them to attend such proceedings remotely, or if such remote appearance is not feasible, then the parties shall submit their positions to the arbitrator(s) in writing (subject to the instructions of the appointed arbitrator or arbitrators) with appeal to a court of competent jurisdiction.

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

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

  • 19 GENERAL

    19.1 Provisions

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

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

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

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

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

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

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

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

    19.2 Further Acknowledgements

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

    19.3 Survival of Obligations

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

    19.4 Successors and assigns

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

    19.5 Force Majeure

    19.5.1 The Parties shall be released from the responsibility for the complete or partial failure to perform their obligations under this Agreement, if such failure was the consequence of the force majeure circumstances occurring after execution of this Agreement as a result of extraordinary events, which the Parties could neither foresee nor prevent using reasonable efforts.

    19.5.2 upon the occurrence of such an event:
    If either of the Parties is unable to perform its obligations completely or partially under the circumstances defined in cl.5.1. of the present Agreement, the term of the performance of the obligations under the present Agreement must be extended for the period equal to the period during which such circumstances last.

    19.5.3. If the circumstances defined in cl. 5.1. of the present Agreement last more than twelve months, either of the Parties shall be entitled to terminate the present Agreement and in this case neither of the Parties shall be liable for the reimbursement of losses related to such termination.

    19.5.4. The Party for whom it becomes impossible to perform its obligations due to the circumstances defined in cl. 5.1. of the present Agreement must immediately notify the other Party of the occurrence of such circumstances indicating the nature of the circumstances and their effect on the possibility to perform the contractual obligations.

    19.6 Entering into Agreement, Agreement validity period and termination of the Agreement.

    19.6.1. The Agreement shall come into force and shall be binding on the Parties from the moment of the approval of the Agreement by the Buyer electronically completion by the Buyer of the field “I agree” at the bottom of the Agreement, and also from the moment of the receipt by the Company of the payment for the Order and services under the terms of the Agreement.

    19.6.2. The Agreement is made to ensure complete performance of the Order by the Parties and may be extended automatically for the next Order paid by the Buyer.

    19.6.3. Either of the Parties is entitled to terminate the Agreement before its expiry date notifying the other Party of this in writing 30 (thirty) days prior to termination.

    19.6.4. In case of the Agreement premature termination at the initiative or due to the fault of the Owner of the Order, the User charge already paid shall not be returned.

SCHEDULE 1. TABLE OF FEES

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

MAXUM GOLD WEB SITE TERMS OF USE

Table of Contents

19 GENERAL
19.1 Provisions
19.2 Further Acknowledgements
19.3 Survival of Obligations
19.4 Successors and assigns
19.5 Force Majeure
19.6 Entering into Agreement, Agreement validity period and termination of the Agreement.
1 LEGAL AND BINDING AGREEMENT
1.1 Terms
1.2 Acknowledgements
2 DEFINITIONS AND INTERPRETATION
2.1 Definitions
2.2 Interpretation
3 LICENSE TO USE SITE
3.1 Authorization
3.2 Links
3.3 Acknowledgement
4 INTELLECTUAL PROPERTY RIGHTS
4.1 Ownership
4.2 Consents
4.3 Survival
4.4 Warranties
5 EXCLUSION OF LIABILITY
5.1 Exclusion
5.2 Legislative Considerations
6 PRIVACY POLICY
6.1 Our policy
6.2 Personal data
6.3 Authorizations, Access and Alterations
7 TERMINATION OF TERMS
8 MAXUMGOLD ONLINE STORE ACCESS AND USE
8.1 Access
8.2 Opening a Customer Accountv 8.3 Responsibility
8.4 Contact and Communication
9 SECURITY OF DATA
9.1 Practice
9.2 Your responsibility
10 PURCHASE OPTIONS
10.1 Options
10.2 Payments
10.3 Purchase
10.4 Upon Settlement of Your Purchase
11 STORAGE
11.1 Authorizations
11.2 Storage Allocations
12 SALE OF GOLD
13 FEES
13.1 Service Fees
13.2 Your responsibility to be informed
14 YOUR LIABILITY
15 CANCELATION OF MAXUM ONLINE STORE ACCOUNT 15.1 By your request
15.2 Cancellation or Suspension
15.3 Dormant Account
16 COMPLAINTS
17 GOVERNING LAW
18 DISPUTE RESOLUTION
18.1 Mediation 18.2 Urgent Interlocutory Relief
18.3 Arbitration to follow Mediation if Unresolved

1 LEGAL AND BINDING AGREEMENT

  • 1.1 Terms

    • 1.1.1 These Terms of Use (“Terms”) govern your use of our website located at www.maxumgold.com (“Site” or “Web Site”) and form a binding contractual agreement between you, the user of the Site and us, MAXUMGOLD. They include, as relevant, the Program Terms (similarly published on the Site, and amended from time to time).
    • 1.1.2 As these terms form a binding contract with you, these Terms are important and you should ensure that you read them carefully and contact us with any questions before you use the Site. You can contact us through: a. info@maxumgold.com.

    1.2 Acknowledgements

    By using the Site you acknowledge and agree that:

    • 1.2.1 you have had sufficient opportunity to read and understand these Terms and you agree to be bound by them, including but not limited to the Program Terms. If you do not agree to these Terms, you may not use the Site.
    • 1.2.2 as allowed under s56 of the Sale of Goods Act any implied duty or liability is negated in favour of MAXUMGOLD, as these Terms record our agreement.
  • 2 DEFINITIONS AND INTERPRETATION

    • 2.1 Definitions

      In these Terms, unless the context indicates otherwise:

      • 2.1.1 Chain of Integrity Standard means, in respect of MAXUMGOLD, that the gold sold by MAXUMGOLD is produced by refineries who are members of an external organization, such as the London Bullion Market Association’s Good London Delivery list, being refineries who adhere to an international benchmark for quality and technical specification in the production of gold and silver. MAXUMGOLD supplies Customers with Gold where the source refinery represents that the purity of said gold is not less than a 999.5/1000 purity.
      • 2.1.2 Customer means each legally responsible person who has registered for a Customer Account through the Company’s Website and has satisfactorily completed the verification requirements of the Customer Acceptance Policy.
      • 2.1.3 Customer Acceptance Policy or “CAP” means the Customer Acceptance Policy that appears on the Company’s Website as amended from time to time, which policy forms a material part of these Terms.
      • 2.1.4 Customer Segregated Funds Account means the personal segregated funds account that the Customer maintains with the Company and on which the Company records the funds received from the Customer or the funds obtained from the sale of Gold. Such funds shall be used as advance payment for future Orders placed by the Customer via Customer’s Account, for payment of fees or shall be remitted to the Customer by one of the ways stated in this Agreement. The Company keeps the Customer Money, specified in the Customer Segregated Funds Account, on one of the Company’s bank accounts until such time when they are used for the purchase of the Gold and Gold Bars within the MaxumGold Delight or transferred to the personal account of the Customer, provided the relevant Fees have been paid.
      • 2.1.5 MaxumGold Online or MAXUMGOLD means Maxum Trade Limited, a duly incorporated company in Malta.
      • 2.1.6 Maxum Trade Limited, is a duly incorporated company registered at the Malta and is committed to trade lawfully utilizing the brand name and systems owned by Maxum Trade Limited.
      • 2.1.7 MAXUMGOLD or the Company or we or us means Maxum Trade Ltd and subject only to Sub-Clause 19.1.7.
      • 2.1.8 MAXUMGOLD Online Account (or Customer Account) means the online account being an electronic record opened by you with us on this Site as set out in Sections 8 to 16, in accordance with the provisions of these Terms, and in compliance with our Customer Acceptance Policy.
      • 2.1.9 MAXUMGOLD Online Store means the online, electronic store available through the Site as further described in these Terms, access to which is set out in Section 8.
      • 2.1.10 MAXUMGOLD Program Terms or Program Terms means the terms that govern MAXUMGOLD’s proprietary rewards programs.
      • 2.1.11 MaxumGold Delight means the client’s personal selection of gold bullion that is subsequently created by the Company combination of Gold in grams, ounces and/or bars for the Total Set Price (see the Preliminary Invoice under sub-clause 2.1.15).
      • 2.1.12 LBMA means the London Bullion Market Association an international trade association, representing the London market for gold and silver bullion.
      • 2.1.13 Message Box means the secure electronic communication tool available for use by you in your MAXUMGOLD Online Account and accessible via the Site.
      • 2.1.14 Order means a request by you via your MAXUMGOLD Online Account to either buy or sell Gold (including Gold Bars from a MaxumGoldDelight). It includes the request to deliver or store that Gold or those Gold Bars on settlement of the purchase or an instruction to transfer funds from a sale of said Gold.
      • 2.1.15 Password means the alphanumeric string of at least eight characters in length with at least one number and one letter that is used by you to access your Customer Account (refer sub-clauses 8.2.2 and 8.2.3).
      • 2.1.16 Privacy Policy means the privacy policy established by the Company and published on our Site, which policy forms part of these Terms (see Section 6).
      • 2.1.17 Preliminary Invoice means the invoice with regard to the MaxumGold Delight Price, issued by the Company to the Customer after the registration of the Customer’s Account is completed.
      • 2.1.18 Registered Bar means a whole bar of Gold (and not a fraction of a bar of Gold) that is marked and recorded as the property of a particular Customer, in which no other person has an interest, save for the Company in respect of any fees or charges due to it in accordance with these Terms.
      • 2.1.19 Site or Web Site or website means www.maxumgold.com and includes any variation of www.maxumgold(including but not limited to country code variants).
      • 2.1.20 Table of Fees means comprehensive table in which are reflected all fees and charges, that are due to be paid by the Customer to the Company in accordance with this Agreement other than those set in the Program Terms. The Table of Fees shall be annexed to this Agreement, constitutes an integral part, and shall be published on the Company’s Website, including all changes and amendments (Refer Schedule 1).
      • 2.1.21 Terms or Terms and Conditions means these Terms of Use that govern Your use of the Site, being a binding contractual agreement between You and MAXUMGOLD, and where appropriate will includes the MAXUMGOLD Program Terms.
      • 2.1.22 You or Your includes any person or persons using the Site.
    • 2.2 Interpretation
      • 2.2.1 Clauses: references to Sections, Clauses, Sub-Clauses, Paragraphs or Sub-Paragraphs are references to this Deed’s Sections, Clauses, Sub-Clauses, Paragraphs or Sub-Paragraphs.
      • 2.2.2 Defined Expressions: expressions defined in the main body of these Terms have the defined meaning in the whole of these Terms including the background, and expressions defined in the Program Terms apply to these Terms where relevant.
      • 2.2.3 Headings: clause and other headings are for ease of reference only and do not form any part of the context or affect these Terms’ interpretation.
      • 2.2.4 Negative Obligations: any obligation not to do anything includes an obligation not to suffer, permit or cause that thing to be done.
      • 2.2.5 No Limitation: references to anything of a particular nature either before or after a general statement do not limit the general statement unless the context requires.
      • 2.2.6 Parties: references to parties are references to parties to these Terms.
      • 2.2.7 Persons: references to persons include references to individuals, companies, corporations, firms, partnerships, joint ventures, associations, organizations, trusts, states or agencies of state, government departments, state owned enterprises and municipal authorities in each case whether or not having separate legal personality.
      • 2.2.8 Plural and Singular: singular words include the plural and vice versa.
      • 2.2.9 Statutes and Regulations: references to any statutory provision include any statutory provision which amends or replaces it, and any subordinate legislation made under it.
  • 3 LICENSE TO USE SITE

    • 3.1 Authorization
      • 3.1.1 In consideration of You agreeing to be bound by these Terms, You may access and use the Site (including any incidental copying that occurs as part of that use) in the normal manner and may also print one copy of any page within the Site for your own personal, non-commercial use.
      • 3.1.2 You must not add any content to the Site:
        a. unless you hold all necessary rights, licenses and consents to do so;
        b. that would cause you or us to breach any law, regulation, rule, code or other legal obligation;
        c. that is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy;
        d. that would bring us, or the Site, into disrepute; or
        e. that infringes the intellectual property or other rights of any person; and you indemnify MAXUMGOLD and MAXUMGOLDOnline jointly and severally, accordingly.
    • 3.2 Links

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

    • 3.3 Acknowledgement

      You acknowledge and agree that:

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

    • 4.1 Ownership
      • 4.1.1 Nothing in these Terms constitutes a transfer of any intellectual property rights from MAXUMGOLD Online to you. You acknowledge and agree that, as between you and us, MAXUMGOLDOnline owns all intellectual property rights in the Site; and the use of the words MaxumGold, MaxumGold Online and MaxumGold Delight.
      • 4.1.2 By posting or adding any content onto the Site, you grant MAXUMGOLDOnline a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and license to use that content in any way (including, without limitation, by reproducing, changing, and communicating the content to the public) and permit MAXUMGOLD Online to authorize any other person to do the same at their discretion.
    • 4.2 Consents

      If you add any content in which any third party has rights, you must also ensure that the third party also consents in the same manner.

    • 4.3 Survival

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

    • 4.4 Warranties
      • 4.4.1 You represent and warrant to us that you:
        a. have all necessary rights to grant the licenses and consents set out in sub-clause 4.1.2 and clause 4.2, and hold us harmless accordingly.
        b. have read these Terms;
        c. are 18 years of age or older;
        d. have the legal capacity to enter these Terms and to be bound by them in your jurisdiction; and
        e. you have complied with sub-clause 3.1.2.
      • 4.4.2 You further undertake to comply with all relevant laws of any territory in which you are a citizen or a resident from time to time, and of any other territory from which you access the Website, including, without limitation, the laws of Ireland, Switzerland and New Zealand.
  • 5 EXCLUSION OF LIABILITY

    • 5.1 Exclusion
      To the full extent permitted by law, we exclude all:
      a. liability in respect of interruption of business or any consequential or incidental damages including with respect to use of the website.
      b. representations, warranties or terms (whether express or implied) other than those expressly set out in these Terms.
      c. liability for errors, negligence, delay or inability to execute orders to make Gold Payments. Any requests are processed by us on a best effort basis.
      5.2 Legislative Considerations

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

      a. in the case of goods: the replacement of the goods or the supply of equivalent goods.
      b. in the case of services:
      i. the supply of the services again; or
      ii. the payment of the cost of having the services supplied again.
  • 6 PRIVACY POLICY

    • 6.1 Our policy
      • 6.1.1 We are committed to taking all reasonable steps to guard your privacy and protect your personal data. This notice explains our privacy policy and practices and applies to all information collected by us from you or submitted to us by you, including by way of our websites, software, web widgets, feeds, applications for third party websites and services, our mobile services all being owned, controlled, licensed or offered by us.
      • 6.1.2 This Privacy Policy is incorporated into and subject to our Terms. Your use of our web site; service and products remains subject to our Terms at all times.
    • 6.2 Personal data
      • 6.2.1 The procedure of Personal data processing and protection is regulated by the "Data protection policy", that is developed in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).
      • 6.2.2 We may collect Personal data from you in a number of ways. For example, we collect personal information from you when you:

        a. Register and set up an account;
        b. Participate in a course or services offered by us;
        c. Interact in our forums or networking sites; or
        d. Contact us by email for any reason.
      • 6.2.3 If you make any purchases from us or through our service, billing and credit card information may be required. All such credit card transactions are fully encrypted and your billing and credit card information is collected and stored by us or a trusted third party. Any third party credit card vendor will be prohibited from using this information for any purpose other than storing the credit card details.
      • 6.2.4 Some of the information we collect may be collected automatically by use of a “cookie”. Cookies are small text files that reside on your computer and identify you as a unique user. Cookies enable us to monitor your progress throughout our services and track your status when ordering products from us. You can choose to set your browser to reject cookies or you can manually delete individual or all of the cookies on your computer by following your browser’s help file directions. However, this may result in you having trouble accessing and using some of our pages and features from our service.
      • 6.2.5 We use the Personal Information that we collect to complete a contact or request, to provide our service, to better understand your needs, to further our marketing, to improve our products and services, and to contact you. The Personal Information held by us may be necessary to enable us to deliver our service to you and to comply with our legal obligations. If we are not provided with Personal Information, we may be unable to deliver, or unable to deliver in full, our service to you.
    • 6.3 Authorizations, Access and Alterations
      • 6.3.1 In the event that MAXUMGOLD become aware or reasonably believe that you are involved in activities which are illegal in any jurisdiction which we consider relevant (at our absolute discretion), then we reserve the right to co-operate fully with government agencies in any part of the world and will not be bound by any duty of confidentiality to you.
      • 6.3.2 We have taken steps, by such security safeguards as it is reasonable in the circumstances to take, to ensure that Personal data we hold under our control is protected against:
        a. Loss; and
        b. Access, use, modification, or disclosure, except with our authority.
      • 6.3.3 Your account information is accessible online only through the use of a password. To protect the confidentiality of Personal data, you must keep your password confidential and not disclose it to any other person. You are responsible for all uses of our service by any person using your password. Please notify us immediately if you believe your password has been misused.
      • 6.3.4 We reserve the right to change this Privacy Policy at any time. If our privacy practices change and our Privacy Policy is changed accordingly, we will notify you of such change including the date our Privacy Policy was last updated. You will have the ability to opt-out of our services. We recommend that you periodically review our website for any updates to this Privacy Policy.
  • 7 TERMINATION OF TERMS

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

  • 8 MAXUMGOLD ONLINE STORE ACCESS AND USE

    • 8.1 Access
      • 8.1.1 MAXUMGOLD Online Store access is granted on an individual basis, and controlled by your access username and password. In order to create a Customer Account with us, you must comply with our Customer Acceptance Policy including a requirement to verify your identity and your residential address. A new customer account cannot be created until this information is provided.
      • 8.1.2 Through the MaxumGold Group’s Online Store (MAXUMGOLD Online Store) you can access your products and services provided by us or our related companies.
      • 8.1.3 Through the MAXUMGOLD Online Store you will be able to access:
        a. products where you are sole signatory, and
        b. joint products where you are authorized to operate the product alone.
    • 8.2 Opening a Customer Account
      • 8.2.1 Upon your satisfying our Customer Acceptance Policy, we will open a Customer Account for you, which will be allocated a unique number and be accessible electronically by you; provide you with a Message Box for communication; and hold an electronic record of the following: a. the quantity and the weight of the Gold in grams that belongs to you and is held by our licensed gold provider on your behalf; b. the quantity of any Registered Bars that are registered in your name as a Customer together with corresponding gold bar serial numbers; c. any Funds on Account held on your behalf; d. transactions between you (as Customer) and the Company; and e. Fees charged by the Company for services provided.
      • 8.2.2 When you register with MAXUMGOLD Online Store we will provide you with an access code and a username. In addition, the first time you sign on to the MAXUMGOLD Online Store you will need to select a personal password that is easy for you to remember but difficult for anyone else to guess.
      • 8.2.3 Similarly if your MAXUMGOLD Online Store password is known, or you suspect it is known, by another person or there has been any unauthorized access or activity on your products you must notify us immediately by contacting our call center on Tel.: +44 20 8133 0653 or e-Mail: info@maxumgold.com.
    • 8.3 Responsibility
      • 8.3.1 You are responsible for all transactions and instructions, which have been authorized by use of your MAXUMGOLD Online Store password.
      • 8.3.2 We will have no obligation to verify any instruction given to us through your MAXUMGOLD Online Store account.
      • 8.3.3 Concerning your Account or any other matter related to this Agreement, you may securely contact the Company via your Message Box. You receive communications from the Company in the same way. You shall be deemed to have received a message posted in your Customer’s Message Box on the day that it was posted. An e-mail notification is also sent to the Customer’s Email Address each time a message is posted in your Message Box, which shall be deemed to have been received on the day on which it is sent in accordance with this clause.
    • 8.4 Contact and Communication 8.4.1 You acknowledge that the primary method for accessing your account and communicating with us is through the Internet. It is your responsibility to make sure that you have appropriate Internet access if you wish to use the Service. 8.4.2 It is your responsibility to inform us of any changes to your email address, telephone number, postal address, physical address, bank account details, or any other relevant information. We accept no liability for errors made due to incorrect personal information being provided.
  • 9 SECURITY OF DATA

    • 9.1 Practice 9.1.1 We employ a high level of security monitoring and software, including 128-bit SSL encryption technology. We also strongly recommend that you safeguard your online personal and product information with up to date Internet security software and operating system updates. 9.1.2 You must not select an unsuitable password. Unsuitable passwords include number and letter combinations that may be easily guessed, passwords used by you for other banking or non-banking services, or other easily accessible personal information (for example birthdate, family, pet or street names). You must keep your MAXUMGOLD Online Store password confidential at all times.
    • 9.2 Your responsibility
      • 9.2.1 You must:
        a. take all reasonable steps to avoid being observed when entering your MAXUMGOLD Online Store password;
        b. not leave your computer unattended when signed on to the MAXUMGOLD Online Store;
        c. not give your MAXUMGOLD Online Store password to anyone (including the police, bank staff or your family); and
        d. not keep a written or electronic record of your MAXUMGOLD Online Store password.
  • 10 PURCHASE OPTIONS

    • 10.1 Options There are a number of options for the purchase of Gold from our website. These options include: a. Paying in full; or b. (if You are purchasing through a Program) Paying in installments in accordance with the Program Terms.
    • 10.2 Payments
      • 10.2.1 Payments may be made by Credit Card, bank transfer, or through a special payment system authorized by us. Any funds received by us will be recorded on your Customer Segregated Funds Account and can be tracked by you through your customer account.
      • 10.2.2 We are authorized to verify any payments made by you whether by credit or debit card, or bank transfer in order to prevent fraud. Delivery of any MaxumGold Delight will only be carried out in the name of the payee.
        a. In situations where the credit card / account holder and the person named on the Preliminary Invoice are different, verification of identity may be required. This may cause a delay in the purchase process.
        b. If the requested proof of identity is not provided within three working days from the date of payment, or if there are any doubts about the authenticity of any transaction, we reserve the right to cancel the transaction.
        c. If we cancel a transaction any amount received, excluding valid bank charges, will be credited back to the card or account holder (as applicable).
    • 10.3 Purchase
      • 10.3.1 You will select the quantity from the Online Store.
      • 10.3.2 Branding is dependent upon supply and country rules under which you take possession. Accordingly, you accept that whilst the Company will take reasonable steps to ensure you receive product from your preferred refinery, the Company reserves the right to supply gold bars from a different refinery, provided it is of equivalent purity and that refinery is a current LBMA member.
      • 10.3.3 You understand that for regulatory reasons the Online Store might need to delegate certain tasks from these Terms to third parties (assignees) depending on the country where physical gold is to be picked up by You, to preserve compliance, best practice and Your interests. Such tasks might include but are not limited to:
        a. the actual handover of physical gold;
        b. the gathering of additional and more detailed client information as well as further identification of the client.

        You are willing to enter in a respective limited contractual relation with an assignee as well as to issue additional information as might be required by local regulations to ensure You are best able to collect your Purchase.

    • 10.4 Upon Settlement of Your Purchase
      Once you have purchased Gold from us, you have the option of:
      a. receiving the Gold by courier (delivery fees will be charged); or
      b. collecting the Gold in person from our licensed gold provider (by appointment with 7 working days prior notice, subject to you meeting the licensed gold provider’s reasonable costs see Schedule 1); or
      c. keeping the Gold in safe keeping provided through our licensed gold provider (storage fees will be charged); or
      d. offering Gold for resale in accordance with our Program Terms.
  • 11 STORAGE

    • 11.1 Authorizations
      • 11.1.1 Our gold provider is authorized to manage the secure storage of Gold purchased for you at your request. Any Gold stored by arrangement through our gold provider is detailed on your Customer Account.
      • 11.1.2 Fees are charged for these storage services. Fees may include arranging storage, transportation, and insurance of the Gold, as necessary. Details of our current fees are outlined on our website. We are authorized to deduct such fees from funds held on your account.
    • 11.2 Storage Allocations
      • 11.2.1 All Gold held for you through our gold provider is held as unallocated storage.
      • 11.2.2 All Gold is stored as an undivided, unallocated interest. This means that your Gold may be held with Gold owned by our other customers. It is then deposited in the name of MAXUMGOLD in secure storage (being allocated to MAXUMGOLD or the particular MAXUMGOLD licensee with whom you are contracting).
      • 11.2.3 You agree that any Gold held for you on arrangement of our gold provider is free from any liens, encumbrances, charges or claims and you accept you may not encumber or charge your Gold.
      • 11.2.4 Any secure storage facility used by gold provider maintains insurance equal to 100% of the Gold held by our customers. At any time, you may request that your Gold is removed from storage and delivered to you (restrictions apply refer Program Terms per clause 3.7). Delivery fees and other related fees will be charged (see Schedule 1).
      • 11.2.5 You acknowledge that the price of Gold can rise or fall at any time. The value of the Gold upon entering storage may not necessarily be the same when you retrieve the Gold from storage.
  • 12 SALE OF GOLD

    • 12.1 You have the right to sell Gold or Gold Bars through your Customer Account in exchange for Euros at the current Gold Price posted on our Web site, this will form the Agreed Value. a. The proceeds from any sale will be credited to your Customer Segregated Funds Account, such credit to be full and final settlement of any amount due to you in respect of such purchase by the Online Store from You. b. At the time the Agreed Value is credited to your Customer Segregated Funds Account, clear title to the subject Gold or Gold Bars shall immediately vest in MAXUMGOLD.
    • 12.2 At any time you may ask us to transfer funds stored in your Customer Segregated Funds Account to your personal bank account. However, if there is any dispute or investigation taking place in relation to your funds, the transfer will not be processed.
    • 12.3 We do not pay any interest on money stored within your Customer Segregated Funds Account.
  • 13 FEES

    • 13.1 Service Fees
      • 13.1.1 We charge a number of fees for using our services. The fees we charge may be different depending on the type of MaxumGold Delight purchased. Fees we charge for using our services include, but are not limited to:
        a. storage fees, including fees for storage at licensed storage providers selected by us.
        b. administration fees due to us for the procurement of storage.
        c. delivery fees.
        d. fees charged for registration and deregistration of Gold.
        e. processing fees for the sale or purchase of Gold.
        f. any additional fees as highlighted on the Table of Fees on our website.
      • 13.1.2 You authorize us to charge fees each time you complete a transaction at the MAXUMGOLD Online Store. These fees may be directly deducted from your account if you hold any funds on account with us.
    • 13.2 Your responsibility to be informed
      • 13.2.1 We are not required to give you any notification of changes to our fees. You are required to review fees on the transaction input screen on the website prior to completing any transaction with us.
      • 13.2.2 For further information about our fees, please go to www.maxumgold.com and login using your secure username and password.
  • 14 YOUR LIABILITY
    • 14.1 You will be liable for any loss suffered by us (including but not limited to consequential loss), which results from:
      a. your fraud or negligence.
      b. your breach of these Terms and/or the Program Terms.
      c. the unauthorized access to or use of your products through the MAXUMGOLD Online Store and to which you have contributed by your failure to comply with these Terms and Conditions. This includes situations where you:
      i. select an unsuitable MAXUMGOLD Online Store password;
      ii. fail to reasonably safeguard your MAXUMGOLD Online Store password; or
      iii. unreasonably delay notifying us of the actual or suspected disclosure to any other person of your MAXUMGOLD Online Store password, or that there has been or you suspect there has been unauthorized access or activity on your products.
    • 14.2 If you are engaged in a MAXUMGOLD Rewards Program, you will be subject to further provisions under the Program Terms. You warrant that you have read and understood these, and in consideration of provisions therein (including but not being allowed to enter MAXUMGOLD’s proprietary program) agree to be bound by same.
  • 15 CANCELATION OF MAXUMGOLD ONLINE STORE ACCOUNT
    • 15.1 By your request

      You may request that we cancel your MAXUMGOLD Online Store access at any time. To do this you must notify us in writing. You will remain responsible for any transactions made on your products and fees incurred until your access has been cancelled. 15.2 Cancellation or Suspension 15.2.1 We may cancel your MAXUMGOLD Online Store access at any time by giving you 14 calendar days’ notice.

    • 15.2.2 We may suspend or cancel your MAXUMGOLD Online Store access immediately:
      a. upon your death, bankruptcy or if we become aware that you lack legal capacity;
      b. if you breach these Terms and Conditions or our Program Terms;
      c. to comply with a court order or other legal requirement;
      d. if we are notified of a dispute over the funds in, or the operation of, a product; or
      e. if we have reason to believe your MAXUMGOLD Online Store access has been compromised.
      f. if your actions contravene the internal rules of MAXUMGOLD online store.
      15.2.3 If your account is cancelled for any reason, we may, at our sole discretion, delete any websites, files, graphics or other content or materials relating to your use of the website or the services on servers owned by or operated for us or otherwise in our possession, and we will have no liability to you or any third party for doing so.
      15.2.4 Following cancellation, you will not be permitted to use the website or the Services. If your account or your access to the website or the Services is cancelled, we reserve the right to exercise whatever means we deem necessary to prevent unauthorized access to the website or the Services.
      15.2.5 If your account is cancelled, you must immediately pay us any fees and any liability that you owe (including but not limited to any liability under Section 14), such liability to us will survive any cancellation. Pending payment by you of such fees and/or liability we reserve our rights to exercise a lien on the contents of your account.
    • 15.3 Dormant Account
      If you do not access your account for a period of 12 months or more your account will be deemed dormant and will require reactivation.
      a. A reactivation fee may be charged to your account.
      b. If you do not reactivate your account within six months, we will cancel your account as per clause 15.2.
      c. If your order has not been paid within the period of 12 months or more, and you did not enter to your personal account within 3 months from the expiry of the standard term of the agreement, Company reserve the right to hold your account invalid and put under restraint the right of use of the account or cancel the agreement on an ex parte basis.
  • 16 COMPLAINTS

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


    a. If you have a complaint about our services or products, you may refer your complaint:
    i. to the Company, through your Message Box; then if it is not resolved
    ii. to the team supervisor, customer care.
    b. The team supervisor may be contacted as follows:
    . by email at concerns@maxumgold.com; or
  • 17 GOVERNING LAW

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


    a. seeking, in any other court (or jurisdiction) orders whether granting interim relief or interim protective measures in support of or in place of proceedings to be brought before a court in Malta; or
    b. seeking to enforce a judgement of a Malta Court in any other country.
  • 18 DISPUTE RESOLUTION

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

    • 18.1 Mediation
      • 18.1.1 Any dispute between you and MAXUMGOLD that arises in relation to these Terms, must be referred in the first instance to non-binding mediation, provided further that in any such non-binding mediation the parties shall have the option of appearing by video, telephone, or such other technology that permits them to attend such proceedings remotely, or if such remote appearance is not feasible, then the parties shall submit their positions to the mediator in writing, subject to the instructions of the appointed mediator.
      • 18.1.2 The non-binding mediation procedure is:
        a. The party wishing to resolve a dispute by mediation must give notice in writing of the dispute to the other party. Such notice shall be deemed to have been served in Malta.
        b. The notice must state that a dispute has arisen and provide particulars of the dispute.
      • 18.1.3 When a notice of dispute is given in accordance with this Agreement the parties will appoint a mediator by agreement within 14 days, failing agreement either party may request the President of the Malta Law Society (or his or her nominee) to appoint a mediator:
        a. The parties will cooperate with the mediator in an effort to resolve the dispute.
        b. If the dispute is settled then the terms of settlement will be written up by the mediator and signed by the parties to the dispute.
        c. If the dispute is not settled within 30 days of the appointment of the mediator, or within any extended time that the parties agree to in writing then the parties will no longer be bound by this mediation provision.
        d. The parties to this Agreement agree that all written statements given to the mediator or to each other and any discussions between any of the parties or between any of the parties and the mediator during the mediation are inadmissible in legal or arbitral proceedings by any party other than the party that made them.
        e. The parties to any dispute will share equally the cost of the mediator’s fees and costs including travel, room hire and refreshments.
    • 18.2 Urgent Interlocutory Relief
      Subject to Section 16, nothing in the forgoing provisions shall prevent any party to this agreement from seeking urgent interlocutory relief from any court of competent jurisdiction.
    • 18.3 Arbitration to follow Mediation if Unresolved
      • 18.3.1 Subject to: -
        a. Sub-Clause 18.2; or
        b. the mutual consent of the Parties,
        c. any dispute which is not settled by mediation shall in the first instance be referred to arbitration in accordance with the appropriate Arbitration Act, provided further that in any such arbitration the parties shall have the option of appearing by video, telephone, or such other technology that permits them to attend such proceedings remotely, or if such remote appearance is not feasible, then the parties shall submit their positions to the arbitrator(s) in writing (subject to the instructions of the appointed arbitrator or arbitrators) with appeal to a court of competent jurisdiction.
      • 18.3.2 In the event of any dispute concerning the amount of any moneys due or payable by either party to this Agreement to the other under this Agreement, in the first instance the parties may agree on a case by case basis that a certificate as to the amount signed by the accountants for the time being of the Holder shall be conclusive and binding on both parties. In the absence of such agreement, the matter will be addressed by the provisions under Clause 18.1 and sub-clause 18.1.2 above.
      • 18.3.3 In the event of any dispute concerning the definition of the Territory as varied in accordance with this Agreement arising out of, or in connection with any changes in the political status or geographical boundaries of the Territory, the decision of the Company thereon shall be conclusive and binding.
  • 19 GENERAL

    • 19.1 Provisions
      • 19.1.1 You must not assign, sub-license or otherwise deal in any other way with any of your rights under these Terms.
      • 19.1.2 If a provision of these Terms is invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.
      • 19.1.3 Where this Agreement is recorded in a language other than English, in the case of any discrepancy of terms or meaning the English text shall prevail.
      • 19.1.4 Some relevant jurisdictions have signed an Inter-Governmental Agreement with the United States of America with respect to the Foreign Account Tax Compliance Act (United States of America), accordingly and we may be obliged to provide the Internal Revenue Service with copies of this Agreement, and any financial transactions in respect of which you are involved (directly or beneficially).
      • 19.1.5 This website and the Information are owned and administered by MAXUMGOLD Online. Nothing in these Terms is intended to constitute legal, tax, accounting, securities, or investment advice, nor any opinion regarding the appropriateness or suitability of any investment or strategy. This website shall not constitute an offer or a solicitation of an offer to buy or sell any investment product or service to any person or entity in any jurisdiction.
      • 19.1.6 Products named in the site are only available to residents of countries where offers of such products are permitted by law.
      • 19.1.7 MAXUMGOLD Online may assign or novate MAXUMGOLD’s rights and obligation under these Terms, and in respect of its agreement with you to another company, without your prior consent, provided that the assignee is then bound by these Terms.
      • 19.1.8 Each party must at its own expense do everything reasonably necessary to give full effect to these Terms and the events contemplated by them.
    • 19.2 Further Acknowledgements
      • 19.2.1 You further acknowledge:
        a. certain types of MaxumGold Delights may not be available to the residents or citizens of certain countries.
        b. all MaxumGold Delights and relevant transactions are subject to fees. You hereby authorize the Company to deduct from your MAXUMGOLD Online Account any fees you may incur by using services provided by the Company including the following: Storage Fees; Registration/De-registration Fees; Processing Fees; and other fees as recorded from time to time in the Table of Fees published on our web site.
        c. the Company may at any time change the available MaxumGold Delights, the services, the terms of use of Customers’ Accounts and associated Fees - but any such changes will be made providing you with 30 days’ notice of any variation or amendment via the Message Box.
        d. Subject to the Program Terms, the Price of a MaxumGold Delight offered for purchase by you under this Agreement, shall be determined by the Company and shall include the cost of Gold in the National Currency in accordance with the world market at the time of purchase plus the Processing Fee. The Processing Fee shall be paid by the Customer as first priority and only after this payment is done, the outstanding part of the Price of the MaxumGold Delight shall be deducted by the Company. The minimal amount of the Processing Fee that is stated in the preliminary invoice, is due to be paid in advance and cannot be used for the purchase of Gold or payment of other Fees. Subject to the Program Terms, you should pay the Price of the MaxumGold Delight in one payment or in several installments over a 12 (twelve) to 18 month period in accordance with your particular program requirements, provided that the terms of advance payment stipulated in this clause are met.
        e. there might be other restrictions and rules that will be published on the Website at the time of your registration and (respectively) the use of your MAXUMGOLD Online Account. These will be available to you, to be read online, and are to be read in conjunction with these Terms.
    • 19.3 Survival of Obligations

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

    • 19.4 Successors and assigns

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

    • 19.5 Force Majeure
      • 19.5.1 The Parties shall be released from the responsibility for the complete or partial failure to perform their obligations under this Agreement, if such failure was the consequence of the force majeure circumstances occurring after execution of this Agreement as a result of extraordinary events, which the Parties could neither foresee nor prevent using reasonable efforts.
      • 19.5.2 upon the occurrence of such an event: If either of the Parties is unable to perform its obligations completely or partially under the circumstances defined in cl.5.1. of the present Agreement, the term of the performance of the obligations under the present Agreement must be extended for the period equal to the period during which such circumstances last.
      • 19.5.3. If the circumstances defined in cl. 5.1. of the present Agreement last more than twelve months, either of the Parties shall be entitled to terminate the present Agreement and in this case neither of the Parties shall be liable for the reimbursement of losses related to such termination.
      • 19.5.4. The Party for whom it becomes impossible to perform its obligations due to the circumstances defined in cl. 5.1. of the present Agreement must immediately notify the other Party of the occurrence of such circumstances indicating the nature of the circumstances and their effect on the possibility to perform the contractual obligations.
    • 19.6 Entering into Agreement, Agreement validity period and termination of the Agreement.
      • 19.6.1. The Agreement shall come into force and shall be binding on the Parties from the moment of the approval of the Agreement by the Buyer electronically completion by the Buyer of the field "I agree" at the bottom of the Agreement, and also from the moment of the receipt by the Company of the payment for the Order and services under the terms of the Agreement.
      • 19.6.2. The Agreement is made to ensure complete performance of the Order by the Parties and may be extended automatically for the next Order paid by the Buyer.
      • 19.6.3. Either of the Parties is entitled to terminate the Agreement before its expiry date notifying the other Party of this in writing 30 (thirty) days prior to termination.
      • 19.6.4. In case of the Agreement premature termination at the initiative or due to the fault of the Owner of the Order, the User charge already paid shall not be returned.
X

PERSONAL DATA PROTECTION POLICY

1. Definitions

  • 1.1. Company means the Maxum Trade Limited company, registration number C 87622, with legal address at 1400, Block 14, Portomaso, St. Julians, Malta STJ.
  • 1.2. Client means any natural person who uses, has used or has expressed a wish to use or is in other way related to any of the services or product provided by the Company.
  • 1.3. Personal data means any information directly or indirectly related to the Client.
  • 1.4. Processing means any operation carried out with Personal data, including collection, recording, storing, alteration, grant of access to, making enquiries, transfer, etc.
  • 1.5. Consent means any freely given, specific, informed and unambiguous indication of the Client`s as data subject wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of Personal data relating to him or her.
  • 1.6. Data subject means a natural person who can be identified, directly or indirectly.
  • 1.7. Controller means the person which determines the purposes and means of the Processing of Personal data.
  • 1.8. Processor means an authorised person of the Controller, which processes Personal data on its behalf.

2. General provisions

  • 2.1. Data protection policy, hereinafter the Policy, developed in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation), hereinafter the GDPR, is a document of the Company, which regulates the processing and protection of Personal data received by the Company about the Client.
  • 2.2. The Policy aims to provide the Client - the Data subject - with information about the purpose of the Personal data Processing, the legal basis, the extent of the processing, protection and processing period at the time of the Personal data acquisition and processing Client's Personal data.
  • 2.3. Personal data Controller is the Company. Contact details of the Company are available on the Company`s website: www.maxumgold.com.
  • 2.4. Contact details of the coordinator of Personal data protection issues: dataprotection@maxumgold.com.
  • 2.5. Within the framework of applicable law (GDPR, national law), the Company ensures confidentiality of Personal data and has implemented appropriate technical and organisational measures to safeguard Personal data from unauthorized access, accidental or unlawful destruction, loss, alteration, unauthorised disclosure of personal data transmitted, stored or otherwise processed.
  • 2.6. The Company may use Processors for Processing Personal data. In such cases, the Company takes needed steps to ensure that such Processors process Personal data under the instructions of the Company and in compliance with applicable law (GDPR, national law) and requires adequate security measures.
  • 2.7. The Policy applies if the Client uses, has used or has expressed an intention to use or is in other way related to any of the services or goods provided by the Company, including the relationship with the Client established before this Policy entered into force.
  • 2.8. The Company’s cookie policy is available on the Company’s website: www.maxumgold.com.

3. Personal data Processing principals

  • 3.1. Personal data shall be processed lawfully, fairly and in a transparent manner in relation to the Client.
  • 3.2. Personal data shall be obtained for one or more specified and lawful purposes and shall not be further processed in any manner incompatible with that purpose or those purposes.
  • 3.3. Personal data shall be adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed.
  • 3.4. Personal data shall be accurate and, where necessary, kept up to date.
  • 3.5. Personal data processed for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.
  • 3.6. Personal data shall be processed in a manner that ensures appropriate security of the Personal data, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage, using appropriate technical and organisational measures.
  • 3.7. Personal data shall be processed in accordance with the rights of Data subjects under the GDPR.
  • 3.8. Personal data shall not be transferred to a country or territory outside the European Economic Area unless that country or territory ensures an adequate level of protection for the rights and freedoms of the Client in relation to the Processing of Personal data. In the absence of the above stated in this clause, a transfer of Personal data to a third country or an international organisation shall take place only under the conditions defined by the GDPR as derogation for specific situations.

4. Categories of Personal data

Personal data may be collected from the Client, from the Client’s use of the services and from external sources such as public and private registers or other third parties. Personal data categories which the Company primarily, but not only, collects and processes are:

  • 4.1. Identification data such as name, personal identification code, date of birth, gender, data regarding the identification document (such as passport, ID card);
  • 4.2. Contact data such as address, telephone number, email address, language of communication;
  • 4.3. Financial data such as accounts;
  • 4.4. Data obtained and/or created while performing an obligation arising from law such as data resulting from enquiries made by investigative bodies, tax administrator, courts;
  • 4.5. Communication data collected when the Client registers at the Company`s website, communicates with the Company via e-mail, messages and other communication mechanisms such as social media, data related to the Client’s visit at the Company’s web sites or communicating through other the Company’s channels (such as Client`s account, etc.);
  • 4.6. Data related to the services and goods such as the performance of the agreements or the failure thereof, executed transactions, concluded agreements, submitted applications, requests and complaints;
  • 4.7. Data about habits, preferences and the level of satisfaction, such as the activeness of using the services, services used, personal settings, survey responses, Client satisfaction, the history of the actions using the Client’s account;
  • 4.8. Data about participation in events arranged by the Company, such as video and photo materials, etc.

5. Purposes and legal basis for Personal data Processing

  • 5.1. The Processing of Personal data takes place on a contractual basis for the following purposes: for the conclusion and performance of a contract:
    • 5.1.1. identification of the Client;
    • 5.1.2. the conclusion of the contract;
    • 5.1.3. the supply of products and provision of services;
    • 5.1.4. Clients` service;
    • 5.1.5. handling and processing of the objections, complaints;
    • 5.1.6. billing administration.
  • 5.2. The Processing of Personal data takes place on a Consent basis for the following purposes:
    • 5.2.1. the improvement of services, developing new products and services;
    • 5.2.2. advertising of services or commercial purposes;
    • 5.2.3. the Client loyalty increasing, satisfaction measurements.
  • 5.3. The Processing of Personal data for the following purposes takes place on the legitimate interests:
    • 5.3.1. in order to protect the Client's and/or the Company`s interest;
    • 5.3.2. to provide evidence relating to the contracts and their performance (recordings, submitted documents and other information);
    • 5.3.3. prevent, limit and investigate dishonest or unlawful use of the services and products provided by the Company;
    • 5.3.4. conduct commercial activity.
  • 5.4. The Processing of Personal data for the purpose of providing information to public authorities and subjects of operational activities is carried out on the basis of the fulfilment of the obligations defined by the law, in cases and to the extent established by external regulations.
  • 5.5. Where the Company intends to further process the Personal data for a purpose other than that for which the Personal data were collected, the Company shall provide the Client prior to that further processing with information on that other purpose and with any relevant further information.

6. Profiling and automated decision - making

  • 6.1. Profiling means any form of automated processing of Personal data, through the use of Personal data for the purpose of assessing certain Client related personal aspects, in particular to analyse or predict aspects in relation to the Client's personal preferences, interests, behaviour, location.
  • 6.2. For personal offering and marketing based profiling, which is done according to the Company’s legitimate interest, as well as for assigning of reward units (bonuses) for participation in the Maxum Delight marketing incentives program. The Company ensures that Clients can make their choices and use a convenient tool to manage their privacy settings.
  • 6.3. The Company can apply automated decision - making regarding to the Client. The Client will be informed about such activities of the Company on a case-by-case basis, in accordance with regulatory enactments.
  • 6.4. Automated decision - making that creates legal consequences for the Client may only be made in the course of the conclusion or execution of the agreement between the Company and the Client, or on the basis of the Client's Consent.

7. Recipients of Personal data Personal data is shared with other recipients, such as:

  • 7.1. Authorities (such as law enforcement authorities, tax authorities, supervision authorities and financial intelligence units etc.);
  • 7.2. Auditors, legal and financial consultants, or any other processor authorized by the Company;
  • 7.3. Debt collectors upon assignment of claims, courts, out-of-court dispute resolution body and bankruptcy or insolvency administrators;
  • 7.4. Other persons related to provision of services of the Company (product suppliers, credit institutions and financial institutions, etc.).

8. Storage periods

  • 8.1. Personal data will be processed no longer than necessary.
  • 8.2. The storage period may be based on agreement with the Client, the legitimate interest of the Company or applicable law (such as laws related to bookkeeping, statute of limitations, civil law, etc.).
  • 8.3. After the circumstances specified in clause 8.2. are terminated, the Client's Personal data is erased.

9. Client`s rights as a Data subject and its implementation

A Client as a Data subject has rights regarding his/her Personal data processing. In general, such rights are needed to:

  • 9.1. Require his/her Personal data to be corrected if it is inadequate, incomplete or incorrect;
  • 9.2. Object to Processing of his/her Personal data, if the use of Personal data isn’t based on legitimate interests, including profiling for direct marketing purposes (such as receiving marketing offers or participating in surveys);
  • 9.3. Require the erasure of his/her Personal data, for example, that is being processed based on the consent, if he/she has withdrawn the Consent. Such right does not apply if Personal data requested to be erased is being processed also based on other legal grounds such as agreement or obligations based on applicable law;
  • 9.4. Restrict the processing of his/her Personal data under applicable law, e.g. during the time when the Company assesses whether the Client is entitled to have his/her data erased;
  • 9.5. Receive information if his/her Personal data is being processed by the Company and if so then to access it;
  • 9.6. Receive his/her Personal data that is provided by himself - herself and is being processed based on Consent or in order to perform an agreement in written or commonly used electronical format and, where feasible, transmit such data to another service provider (data portability);
  • 9.7. Withdraw his/her Consent to process his/her Personal data. The withdrawal of the Consent does not affect the Processing of Personal data performed at the time when the Client's consent was valid. Withdrawal of the Consent cannot interrupt the Processing of Personal data performed on the other legal basis;
  • 9.8. Not to be subject to fully automated decision-making, including profiling, if such decision-making has legal effects or similarly significantly affects the Client. This right does not apply if the decision-making is necessary in order to enter into or to perform an agreement with the Client, if the decision-making is permitted under applicable law or if the Client has provided his/her explicit Consent;
  • 9.9. Lodge complaints pertaining to the use of Personal data to the supervisory authority according to the article 77 of the GDPR, if he/she considers that Processing of his/her Personal data infringes his/her rights and interests under applicable law.
  • 9.10. The Client may submit a request for the exercise of his or her rights regarding the Processing of Personal data, including information on possible Personal data protection breaches:
    • 9.10.1. by e-mail, indicated the Client`s registration number and user name to identify the Client, and send to e-mail dataprotection@maxumgold.com;
    • 9.10.2. on the Company's website www.maxumgold.com, in the created Client`s account.
  • 9.11. Upon receiving the Client's request for the exercise of its rights, the Company verifies the Client's identity, evaluates the request and executes it in accordance with regulatory enactments.
  • 9.12. The Company shall respond to the Client's request in writing or by other means, including, if necessary, in electronic form (by e-mail or by sending it to the Client's account) taking into account, as far as possible, the manner in which the Client is provided with the response. When requested by the Client, the information may be provided orally, provided that the identity of the Client is proven.
  • 9.13. The Company shall provide information on action taken on a request to the Client without undue delay and in any event within one month of receipt of the request. That period may be extended by two further months where necessary, taking into account the complexity and number of the requests. The Company shall inform the Client of any such extension within one month of receipt of the request, together with the reasons for the delay.
  • 9.14. If the Company does not take action on the request of the Client, the Company shall inform the Client without delay and at the latest within one month of receipt of the request of the reasons for not taking action and on the possibility of lodging a complaint with a supervisory authority and seeking a judicial remedy.

10. Validity and amendments of the Policy

  • 10.1. The Policy is provided to the Clients on www.maxumgold.com.
  • 10.2. The Company is entitled to unilaterally amend the Policy at any time, in compliance with the applicable law, by notifying the Client of any amendments via website of the Company, via e-mails or in another manner.
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Cookies Policy. The use of cookies by this website

Cookie is a small file that usually consists of a number of letters and digits. This file is stored in your computer, tablet PC, telephone or the other device used by you during the site sessions. Cookies are widely used by the websites owners to secure the website operation, to enhance operating efficiency and to obtain insights.

Maxum Gold website uses its own and third-party cookies and similar technologies in order to store the information in your computer. It is done to secure highest user friendliness by providing personalized information, registering of marketing and product preferences аnd assisting in the accurate information gaining. If you keep using our website, you confirm your consent to the use and placement of cookies. We agree to the definition of cookies given in the EU Directive 2002/58/ЕС regarding processing of personal data and protection of privacy in the sector of electronic communications (as amended by the Directive 2009/136/ЕС), and hereunder provide the information on different categories of cookies used on our website.

We and our service providers may use different types of cookies on our websites:

1. Strictly necessary cookies

Cookies of this category are required to enable you to move around the Website and to use its features, such as gaining access to the secure sections of the Website.

2. Operational enhancement cookies

Cookies of this category collect the information about how visitors use our Website, for instance, which of the pages are viewed by the visitors most frequently and whether the website visitors receive the web pages error messages. These cookies do not collect information that specifically identifies the visitor. All information collected by these cookies is integrated and therefore stays anonymous. It is only used to improve the Website operating efficiency. Category 2 cookies only collect the information about the use of the Website to serve the interests of the Website operator. By using our online service you agree that we can place these types of cookies on your device.

3. Functionality cookies

Cookies of this category allow the Website to remember the alternative options you select (such as your username, language or the region you are in) and to provide more enhanced features consistent with your personal preferences or needs. For instance, our Website may be able to provide you with the local or regional product information by storing in the cookie the region of your current location. These cookies may be also used to remember your modifications of the text size, fonts and other parts of the web pages adjustable settings. They may be also used to provide the services you request, such as watching a video or commenting on a blog. The information collected by these cookies can be anonymous and these cookies cannot track your browsing activity on the other websites. By using our online service to set your preferences, you agree that we can place these cookies on your device to register your preferences.

4. Target-oriented or advertising cookies

Cookies of this category are used to deliver advertisements that are more relevant to your needs and interests based on the analysis of your network navigation. They are also used to limit the number of times you see an advertisement, as well as to assist us in evaluation of the advertising campaign effectiveness. They are usually placed on your device by the third-party advertising networks, however, with our permission. These cookies remember your visiting of our Website. This information is shared with the other organisations, such as third-party advertisers and will be linked to the website features provided by the other organisations. This is to say, Category 4 cookies collect the largest amount of information about the users.

We and our service providers may use cookies for a variety of ends including in order to:

  • make gaining of information about your site sessions easier for us and the third parties;
  • process your orders;
  • analyse the information about your viewing of the pages in order to improve our website;
  • place on this website and the website of the other parties the advertisements, messages and content created by us and the third parties with due regard of your interests;
  • assist you in accurate information gaining;
  • define the number of visitors and the way in which they use our website — with the purpose of the site efficiency improvement and better understanding of the interests of the target audience.

Chrome:

https://support.google.com/chrome/answer/95647

Internet Explorer:

https://support.microsoft.com/en-us/help/17442/windows-internet-explorer-delete-manage-cookies

Mozilla Firefox:

https://support.mozilla.org/en-US/kb/enable-and-disable-cookies-website-preferences

Safari:

https://www.apple.com/legal/privacy/en-ww/cookies/

Opera:

https://www.opera.com/help/tutorials/security/privacy/

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