SERVICE CONTRACT
- Generalities
The following concepts and definitions are used in the Contract agreement:
1.1. Contract – is a genuine Agreement on the provision of services by the Company through the Internet and also for the delivery and storage of gold bullions.
Services – registration of orders for the purchase of consumer goods, for the purchase and sale of investment gold bars and coins, in accordance with the general Terms and Conditions of carrying out commercial transactions, as well as control over the execution of orders and the use of tools for advertising and marketing activities.
The Contract is placed in an electronic format on the Company’s website and is carried out electronically between the Company and the Client through the mediation of the Company’s website.
1.2. The company is the online store “Golding Life” (registration number B 04859047, registered in the European Union in Spain) which carries out genuine contract agreement with the Customer.
1.3. Client is a competent physical or legal entity.
Sponsor is an active client, by whose recommendation other clients purchase consumer goods in the GL online store. A client can effect a change of Sponsor only within 48 hours from the moment of payment realization in the online store system.
1.4. Parties – The involved parties are the Company and Customer (Client).
1.5. The Internet site is the Company’s Internet page, available on the Internet at www.goldinglife.com and has a personal account.
1.6. Personal Account is an interface on the Internet page, which the Company provides to Client for to carry out orders and to control execution of orders as well as for monitoring the quality of services.
1.7. General terms and conditions of commercial transactions conclusion are terms and conditions of this Agreement, available on the web page and are the rules established by the Company when carrying out commercial transactions and interacting with Customer.
- Subject of the Contract Agreement, rights and obligations of the Parties.
2.1. In accordance with the provisions of this Agreement, the Company grants the Client the right to use Internet services provided by the Company to register purchase orders for selected goods and investment gold bars and coins using the technical tools provided by the Company.
2.1.1. The prices for the purchase of consumer goods and the purchase and sale of investment gold bars and coins, as well as the prices for services provided by the Company are posted on the Company’s website and may fluctuate depending on the contractual provisions and the Terms of Business or negotiations.
2.1.2. The company makes delivery of purchased consumer goods and investment gold bars and coins through secured post. At Client’s request, the Company places the investment gold bars and coins for safekeeping in a certified precious metal deposit. The owner would then pay for the delivery and storage of the investment gold bars and coins. Gold bars and coins from the storage could be received from the storage only by Client´s prior arrangement.
2.2. While using the Personal Account and technical tools, provided by the Company for carrying out placement of orders and conducting advertising and marketing activities, the Client is obliged to pay the Company a Subscription fee of 1 gr. of investment gold for each completed table in all Bonus Collective Accumulative Programs “Golden Bullion” and “Golden Coin” except the Golden Start 1 program (0,6 grams of investment gold).
2.2.1. After payment of the Subscription fee by Customer, the company is obliged to provide the Customer’s Personal account with technical tools in order to:
– provide possibility of carrying out purchase of consumer gold goods and purchase and sale of investment gold bars and coins;
– control over the execution of Client’s order, in accordance with the Terms and Conditions of Business Transactions;
– carry out marketing and advertising activities.
2.3. The Company pays a ‘Bonus Reward’ to Client, the amount, procedure and terms of the payment are determined based on the “Terms and Conditions for conducting commercial transactions” and “Conditions for participation in the Bonus accumulation Program”.
2.4. When Client uses his Personal Account and the services provided by the Company, It is prohibited to use the Personal Account for the sending of spam advertising information about goods and services of the Company without the permission of the addressee.
2.5. It is prohibited for Customer:
– to disseminate any information discrediting the Company, as well as false or distorted information regarding the Company and the goods and services it provides;
– to interfere with activities of the Company and its customers;
– to advertise marketing and products of rival companies of the market of consumer gold goods and investment gold bars and coins.
Client has to extensively carry out all the requirements specified in this Contract agreement and in the Terms and Conditions of agreeing commercial transactions.
2.6. Client, when using the Company’s additional services, agrees to comply with rules concerning the utilization of the services provided. Client also takes responsibility of all losses the Company may incur in connection with violation of the rules for the use of service tools.
3. Payments
3. Customer pays the Subscription fee for the use of his/her Personal account and the technical instruments provided by the Company. That payment is made during the purchase of consumer products and investment gold bullions and gold coins.
3.1. The subscription fee for Client´s use of his/her Personal Account and the technical instruments provided by the Company is based on the Terms of consummation of the commercial transactions.
While negotiating the Contract, Customer thereby confirms that he is acquainted with the need for a Subscription fee and hence agrees to pay it.
3.2. The Company has the right to unilaterally revise the Subscription Fee and the Terms of Business Transactions. The Company notifies Client about the changes by publishing an information message on its official website in the “Company News” section. These changes take effect immediately from the moment of publication on the Company’s official website. In this case, Customer has the right to continue using the Personal account and the provided technical tools on the previous Subscription Plan until the completion of his/her current 5-seater commodity collective purchase for a sum of at least 400 euro.
3.2.1. If Customer does not agree with the changes in the Terms and Conditions of the negotiation of commercial transactions and Subscription fee, he must notify the Company about it by mail within 7 (seven) days from the date the change in subscription fee comes into effect. In case the Company did not received a notice from the Client during this period, it is considered that the Customer agrees with the changes to the Conditions of the negotiating of commercial transactions and Subscription fee.
3.2.2. If Client disagrees with the amendments made to the Terms and Conditions of commercial transaction negotiation and Subscription fee, Client has the right to refuse the fulfillment of obligations for the purchases completion under the old conditions and refuse to effect a new Purchase.
3.3. Customer pays for Purchase and Subscription fee according to the Company’s invoice with the payment details. The Customer agrees to make payment by means of data specified in the invoice within 24 hours from the date of conclusion of the Agreement.
3.4. When paying for a purchase and for Subscription fee, the payment order must contain the Account number of the Purchase. In the absence of such data, the Company shall not be entitled to credit funds and suspend the operation of this Agreement until the Customer completes the payment. Expenses (bank commission of sender’s bank and the beneficiary’s bank) are reimbursed to Client.
3.5. Customer is solely responsible for the accuracy of payments made by him.
3.6. A payment shall be deemed to have been made from the moment the Company credits it to account.
3.7. Client, using the Personal Account, may print out the invoice. At the request of Customer and for an additional fee, invoices could be sent to the Client by mail at the address indicated by Customer in the Personal Account.
3.8. Client should independently monitor his e-mail and receipt of invoices from the Company.
3.9. In case of a delay in payment exceeds 24 hours, the Company is entitled to terminate this Contract without prior warning. In this case, the purchase of consumer gold goods or investment gold bullions and coins is canceled.
- Privacy Statement
4.1. Company Policy
4.1.1. The Company obliges to take all reasonable steps to protect the Client’s privacy and protect the personal information received from Client through the Company’s website, software, web tools, applications, third party services and mobile services, owned, operated, licensed or offered by the Company.
4.1.2. This privacy policy is included in the Terms and Conditions of the Company and corresponds to them. The use by the Customer of the website, services and products remains subject to the Terms and conditions at any given time.
4.2. Personal information
4.2.1. Personal information is information about a living person which defines or can define that it is the person in question.
4.2.2. The Company can gather personal information about Client when he/she:
– Registers and opens an account;
– Uses the services provided by the Company;
– Participates in forums or social networks;
– Contacts the Company by e-mail regardless of the reason.
4.2.3. Some personal information can also be collected automatically, for example:
– the Internet protocol address of the Client’s computer or his mobile device;
– the operating system of the Client’s computer or his mobile device;
– type of browser, address of the corresponding site of Client;
– the date and time Client visits the site, and his interaction with the Company.
4.2.4. If Client makes any purchases through the Company’s service, it may require account billing and credit card information. Such transactions using credit cards are fully encrypted, and the Customer’s credit card information and billing data are collected and stored by the Company or by a trusted third party. Any third-party credit card provider will be prohibited from using this information for any purpose other than storing the credit card’s information.
4.2.5. Some of the information gathered by the Company can be collected automatically using cookies (small text files located on the client’s computer and identifies him as a unique user), which allows tracking of:
– Progression of Client as he uses the Company’s services;
– Customer status when ordering goods of the Company.
4.2.6. The gathered personal information is used by the company to:
– provide services to Client and fulfill its legal obligations;
– fulfill requests;
– provide services;
– better understand the needs of Client;
– improve marketing, products and services;
– contact Client.
If the Company is not provided with the necessary personal information about Client, then it may not be able to fully provide its services to Client.
4.2.7. The Company protects the Client’s personal information and does not disclose it to third parties, except in a case when it is necessary to share Private Information with subcontractors that provide services to the Company. These services may include:
– assistance in providing services to the Company;
– assistance in researching and analyzing information about people who request services or information about the Company;
– assistance in the providing marketing or application materials for the Company’s products;
– assistance in processing information about the payment card.
4.2.8. Any information which Client chooses to post, including personal information, as a rule, may be accessible to the public or the Internet community.
4.2.9. The company can disclose personal information only on legal grounds, when it is necessary to:
– be in compliance with legal processes or authorities;
– Respond to any claims or to protect the rights, property or personal safety of the Company, its employees, customers and the public.
4.3. Authorization, Access and Changes
4.3.1. In the case that the Company becomes aware or has reason to suppose that Client is involved in activities that are illegal in any jurisdiction that the Company considers relevant (at its discretion), the Company then has the right to:
– not fulfill its obligations regarding the confidentiality of the Client;
– fully cooperate with government agencies in any part of the world.
4.3.2. The Company has taken reasonable steps to protect the Personal Information in its custody from loss, as well as from access, usage, modification or disclosure of information by anyone other than the Company itself.
4.3.3. Client’s online account information can only be accessed using a password. So as to protect the confidentiality of Personal Information, Client must keep his password confidential and not disclose it to any other person. Client is responsible if anyone uses the Company’s service through his/her password. The client must immediately notify the Company if he suspects unauthorized use of his password.
4.3.4. The Company reserves the right to change this Privacy Policy at any time. The Company may use the Personal Information for new, unforeseen purposes not previously described in this Privacy Policy. In the event of a change in the Privacy Policy, the Company will notify the Customer of such a change, including the date of updating the Privacy Policy. In a case where the Client disagrees with the change, he/she has the opportunity to refuse the Company’s services. The Company recommends that the Client constantly reviews the Company’s website to track any updates in this Privacy Policy. If Customer is concerned about the use of his personal information, he can contact the Company by:
– sending a message from the webpage of the Company;
– by phone calling to the call center of the Company by phone number: +34 633 23 08 08
– or by e-mail: info@goldinglife.com
- Data Security
5.1. Prescribed procedure
5.1.1. The company operates a high level of control and security. The Company also strongly recommends that Client would protect his personal online information.
5.1.2. The client should not choose an unsuitable password, specifically:
– the one in which the number and combinations of letters make it easy to guess the password;
– passwords used by Client for other banking or non-banking services;
– passwords using other easily accessible personal information (for example, date of birth, names of family members, pet names or name of street).
Client must keep his password to online store confidential all the time.
5.2. Your Responsibility
5.2.1. Client must:
– take all reasonable measures to avoid being watched when typing the password to the online store “GL”;
– not leave his/her computer unattended when logging into the online store system “GL”;
– not tell anyone the password from his account to the online store “GL” (including police, bank staff and family);
– not have written out records of his/her password to the online store “GL”.
- Settlement of Contract disputes, responsibility for breach of the contract
6.1. The activities of the Company are regulated by the laws of Spain, the European Union and the countries in which it is registered. Any dispute, disagreement or claim in connection with this Agreement or its violation, cancellation or invalidity will be finally resolved by way of applying to the court of the respective country.
6.2. Client is liable for violation of this Contract agreement and the terms and conditions when negotiating commercial transactions, including when Customer is responsible for losses incurred by the Company as a result of the Customer’s breach of this Contract and the terms of commercial transaction negotiation.
6.3. In the event if a Client breaches the provisions of this Contract agreement and the terms of the commercial transaction negotiations, the Company reserves the right to premature termination of this contract without prior notice. In this case, previously received funds are not reimbursed to Client.
6.4. The Company is not liable for any potential losses to Client (including direct or indirect losses and lost profit) that may arise when using the company’s online services, the Private office and technical tools.
- Force majeure
7.1. The parties are exempted from liability for partial or complete failure to fulfill obligations under this contract agreement if this failure was a consequence of force majeure circumstances that arose after the conclusion of this Contract as a result of extraordinary events such as:
– natural disasters, earthquake, hurricane;
– war and military actions of any kind,
– extraordinary events which the Parties could neither foresee nor prevent by reasonable measures.
7.2. If one or the other Party under certain conditions cannot fully or partially fulfill its obligations as defined in paragraph 2 of this Contract, the time of execution of the obligations under this contract agreement shall be extended for a period which will be equal to that during which these circumstances existed.
7.3. If the specified circumstances as defined in paragraph 5.1. Of this contract agreement last longer than twelve months, any of the Parties has the right to terminate this Agreement and in this case neither Party has rights to recover damages related to such termination.
7.4. The party which was unable to fulfill its obligations as defined in paragraph 7.1. of this Agreement due to certain circumstances, must immediately notify the other Party in writing about the occurrence of such circumstances, indicating the nature of the circumstances and their effect on the possibility of fulfilling the contractual obligations.
- Negotiating the Contract, its duration, procedure for its termination
8.1. The Contract takes effect and is binding upon the Parties from the moment the Client acknowledges the contract electronically, this means when Client in the lower part of the contract agreement is indicates the “I agree” mark, and also from the moment the Company receives the payment of the order and services, in accordance with the Terms of the Contract.
8.2. The contract is concluded when the Parties complete the Order and the contract can be automatically renewed.
8.3. Each of the Parties has the right to prematurely terminate the contract agreement, this is done by writing to the other party 30 (thirty) days before the termination.
8.4. In the event of premature termination of the contract agreement owing to the Client’s request or through his fault, the Subscription fee is not refundable.
- Final Provisions
9.1. This Contract agreement and its’ related documents contain the full scope of agreements and replace all previous agreements, oral or written alike, existing between the Parties with respect to the subject matter of this Contract.
9.2. If any of the terms of this Agreement becomes invalid, it will be replaced by another, valid condition, which as much as possible corresponds to the desired result and the economic purpose of the invalid provision. The invalidity of any provision of this Agreement shall in no way affect the validity of the other provisions of the Treaty.
9.3. This Contract agreement is concluded in favor of the contracting parties and is binding on them and their successors. The obligations accepted under this Agreement cannot be transferred to third parties.
9.4. This website is not intended to be distributed or used by individuals or legal entities that are residents or are registered and are under such jurisdiction where such use or distribution would be a violation of applicable law or regulation, also if for such distribution or use, actions related to the registration or licensing in this jurisdiction of the online store “GL” or any of its subsidiaries or organizations.
9.5. This website and the information on it are the property of the online store “GL” and cannot be used for the preparation of legal, juridical, tax, accounting and securities, investment reports and consultations, including the development of opinions on the appropriateness and suitability of any investment or investment strategies. This website does not contain an appeal and offer to invite and make public offers for the purchase or sale of any consumer and investment product or service to any individual or legal entity, in whatever jurisdiction it may be.
9.6. The goods displayed on the site are available only to residents of those countries where the offer of such products is permitted by the law.
