Terms and Conditions

Limitation of Liability

AU BULLION/Instant Gold Bullion Inc shall not be liable or responsible for any use of, inability to use or failure of the services provided by AU BULLION/Instant Gold Bullion Inc. pursuant to these Terms and Conditions, and in particular shall not be liable for any losses or direct, indirect, consequential or incidental damages{including without limitation loss of profit or revenue}which may be realized or incurred by you, as a result of or incidental to the use of the services provided hereunder, and whether arising from breach of contract. negligence, tort or otherwise. Customer hereby indemnifies and saves harmless AU BULLION/Instant Gold Bullion Inc. from and against all claims, liabilities losses or costs suffered or incurred by any third parties caused by, arising out of or related to the Customer’s use of, inability to use or failure of the services contemplated by these Terms and Conditions.

Governing Law and Resolution of Disputes

These Terms and Conditions and any transaction entered pursuant hereto, shall be governed by and interpreted in accordance with the laws of the provinces of Ontario, British Columbia Canada, and the federal laws of Canada applicable therein.

To the extent permitted by applicable law, you hereby expressly waive your right to a trial by jury in any proceeding or litigation brought against AU BULLION/Instant Gold Bullion Inc. with respect to these Terms and Conditions. Notwithstanding the foregoing, AU BULLION/Instant Gold Bullion Inc. will have the right to seek injunctive or other equitable relief in any provincial, state, or federal court as may be necessary in order to enforce these Terms and Conditions or prevent an infringement of a third party’s rights. In the event equitable relief is sought, you hereby irrevocably submit to the personal jurisdiction of such court and waive all objections to the jurisdiction.

BY ENTERING INTO THESE TERMS AND CONDITIONS, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHERS IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTED WITH THESE TERMS AND CONDITIONS MUST BE ASSERTED INDIVIDUALLY.

You further acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, relating to, or connected with any transaction contemplated hereunder must be filed within six months after such claim or cause of action arises, or forever be barred.

Modification of Terms

WE RESERVE THE RIGHT TO MAKE CHANGES TO THESE TERMS AND CONDITIONS AT ANY TIME, AND YOU AGREE THAT WE MAY CHANGE THESE TERMS AT ANY TIME. YOU AGREE FURTHER THAT WE MAY MAKE CHANGES TO OUR WEBSITE AND BULLION PURCHASE AND SALE PROCESS AT ANY TIME IN OUR SOLE DISCRETION, FOR ANY REASON OR NO REASON AND WITHOUT PRIOR NOTICE TO YOU. YOU AGREE THAT IF YOU CONTINUE TO PURCHASE OR SELL BULLION TO US, OR USE OUR WEBSITE, AFTER WE HAVE POSTED A CHANGE TO THESE TERMS AND CONDITIONS, THEN YOU ARE BOUND BY THE MOST RECENT VERSION OF THESE TERMS AND CONDITIONS. ADDITIONAL TERMS, INCLUDING WITHOUT LIMITATION WITH RESPECT TO PRICING, PAYMENT METHODS, REFUND AND CANCELLATION POLICIES, AND EXCHANGE POLICIES MAY BE POSTED FROM TIME TO TIME ON OUR WEBSITE; WHERE SO POSTED, SUCH TERMS AND/OR POLICIES FORM PART OF THESE TERMS AND CONDITIONS.

1. How We Use Your Information

We use information that we collect about you or that you provide to us, including any personal information: (a) to present our Website and its contents to you; (b) to provide you with information, products, or services that you request from us, and to process payment for such products or services; (c) to fulfill any other purpose for which you provide it; (d) to perform and develop services, deliveries, payments and products in connection with our Website; (e) to carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing, collection, easy reordering, bookkeeping, shipping, support and marketing; (f) to verify identity and prevent fraudulent use of your account or of our products and services; (g) to notify you about changes to our Website or any products or services we offer or provide through it; (h) to develop our Website and provide better services; (i) in any other way we may describe when you provide the information; (j) for any other purpose with your consent; and (k) as otherwise authorized or required by law.

We may also use your information to contact you about our own and third parties’ goods and services that may be of interest to you in accordance with applicable laws. If you do not want us to use your information in this way, please contact us at the e-mail provided at the bottom of this policy.

In some cases, we may share personal information with third party service providers performing functions on our behalf, including, for example, vendors that provide information technology services, payment processing services, or provide analytics or assessment services. You understand and agree that the personal information collected may be transferred to third countries, as some service providers supporting our business may be in these countries. We are in Canada and all our hosting and processing services are in Canada. When your information is processed outside of your jurisdiction, it may be subject to the laws of and be accessible by legal authorities in such other jurisdictions. Please note that some countries may not offer the same

type of protection and privacy for personal information provided in your own jurisdiction. We have taken appropriate technical, organizational, and legal steps to secure this information, including by placing appropriate obligations and restrictions on our third-party service providers regarding their limited permitted use of this information, and the security practices to be used in protection of this information. For any questions, please contact us at the e-mail provided at the bottom of this policy.”}}

We will keep your Personal Information in our possession only for the period necessary for the fulfilment of our collection purposes, as provided in Section 6 above, and then securely destroy or delete it.

2. Disclosure of Your Information

We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.

We may disclose personal information that we collect or you provide as described in this privacy policy: (a) to our subsidiaries, affiliates and related companies to provide you with products and services; (b) to contractors, service providers, and other third parties we use to support our business, including, but not limited to firms for payment processing, developing, operations, sales, support, data analysis and marketing; (c) to a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Company’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by Company about our Website users is among the assets transferred; (d) to fulfil the purpose for which you provide it; (e) for any other purpose disclosed by us when you provide the information; or (f) with your consent.

We may also disclose your personal information: (a) to comply with any court order, law, or legal process, including to respond to any legal duty, government or regulatory request; (b) to enforce or apply our General Terms of Sale and other agreements, including but not limited to for billing and collection purposes; (c) if we believe disclosure is necessary or appropriate to protect the rights, property, or safety of the Company, our customers, or others, including but not limited to exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

Due to applicable laws, we may be required to disclose personal information related to the purchase of products through our Website. Personal information will only be disclosed when legally required and the personal information transmitted will be only to the extent necessary for compliance with the applicable laws.

3. Choices About How We Use and Disclose Your Information

We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:

  •  Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. If you disable or refuse cookies, please note that some parts of this site may then be inaccessible or not function properly.
  • Promotional Offers from the Company. If you do not wish to have your contact information used by the Company to promote our own or third parties’ products or services, you can opt-out by contacting us stating your request at the information provided at the bottom of this policy.
  • We do not control third parties’ collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way.