You shall be subject to disclaimers (available by hyperlink) that made by service provider, and to the other disclaimers contained in this user agreement and other policies applied by service provider, which we encourage you to access and to read carefully. As well as, you represent and warrant to the company that you have sufficient experience and knowledge take decisions regarding purchases from them. You also expressly acknowledge that you are solely making all your own decisions regarding purchases and / or sales, while GoldTrade or service provider does not make any recommendation about such purchases and / or sales. As well you expressly acknowledge that GoldTrade shall not bear any liability or responsibility within respect of those risks, for which you have the sole responsibility. Those risks including but not limited to risks associated with products’ price volatility, particularly precious metals. Under certain market or other conditions (referred to technology or other disruptions), you may not be able to liquidate the purchased products or, liquidate the purchased products at prices acceptable to you.
Coins and bullions investments are not exempted from all investments involving risks. As the value of bullion coin is affected by many economic factors, including but not limited to bullion current market price and coins perceived scarcity and other factors. Other factors may include quality, current demand, and general market sentiment. On the light of the aforementioned, bullion and coins can go down as well as up in value, therefore, their investments are not suitable for everyone. And since all investments, including bullion and coins, can decline in value, then you have to be very aware and understand them, and to have adequate cash reserves and disposable income before considering a bullion or coin investment.
You shall indemnify GoldTrade and its associates, directors, officers and stakeholders and hold them harmless from and against any or all costs, damages, expenses, liabilities or obligations, including but not limited to reasonable attorneys’ fees, that you may result out of, or in connection with
- Any breach of any representation or warranty you made to GoldTrade and its associates; or
- Any failure from your side in conformity with this agreement or policies adopted by us.
You are subject to the limitations of liability contained in User Agreement, the Disclaimer and other policies applied by the associate company. Notwithstanding such limitations of liability, In the event that the company is determined to be liable to you in connection with any transaction between the company and you pursuant to User Agreement, the liability of the company to you shall be limited to the greater of
- The amount, if any, that you paid in such transaction or
Otherwise and in any event, the company shall not be liable for any consequential, exemplary or indirect damages.
Either the company or you may terminate User Agreement, with or without cause, at any time by written notice to the other party. The termination of User Agreement shall not affect the rights and the obligations of GoldTrade & its associates and you with respect to the period prior to the termination.
Default Rights & Remedies
In case if you fail to fulfil your obligations toward the related company, the company shall have all rights and remedies, pertained to it by law, equity or otherwise, including but not limited to the rights and remedies under User Agreement to refer your account to a collection agency or a lawyer for collection. Nevertheless, the delay or failure on the company part in exercising any of its rights remedies shall constitute as a waiver of that right or that remedy and no single or partial exercise by the company of any right or any remedy shall preclude other or further exercise of that right or that remedy or the exercise of any other right or any other remedy.
Market Loss Policy (Ask to ask policy)
When purchasing from the company, once they have issued a confirmation number, the price is locked in for you and cancelling transaction after that will make you liable for whatever loss happens due to market fluctuation. Any deficit between the price at which they sold to you and the current market spot price, is your responsibility only if your item(s) is cancelled or returned. That amount will be charged to you, plus a 5% of the transaction amount as cancellation fee. That is their Market Loss Policy. Any market gain on cancellations shall remain the property of the company. In addition to the other rights and remedies available to the company, in the event of any failure by you to comply with User Agreement, the company may, without limiting its other rights and remedies, suspend or terminate your account. The suspension or termination of your account shall not affect your obligations under User Agreement and the Ordering Policy and Procedures.
Costs & Expenses of Collections
In case if the company decided to take any action against you to enforce your obligations under User Agreement, including but not limited to turning your account to a collection agency or a lawyer for collection, you shall pay all of the costs and the expenses incurred by the company, including, but not limited to the reasonable attorneys’ fees, in connection with such action.
Choice of Law
If any disputes arise between the two parties in respect of your use of this website, such disputes shall be resolved according to the laws and regulation applied in the United Arab Emirates.
Any message you send to the company via email, post, letter, voice mail or other transmission relating to your use of this site, other than an actual order of merchandise, shall be and remain the company’s property, and they shall not be limited or restricted in any way in its use, promotional, commercial or otherwise. However, we or our associate companies will not use your full name in any such promotional use without your permission. You also agree that no such messages will violate the rights of any third party or contain any libellous or otherwise unlawful materials. We and our associates save certain messages and emails on file for promotional and marketing purposes, but we are not required to and do not retain every such message.
Under no circumstances shall GoldTrade be liable for any indirect, special, incidental or consequential damages of any kind, regardless the form of action, whether in contract, damage (including negligence), strict product liability or otherwise, even if we have been advised regarding the possibility of such damages. If you have any questions, please do not hesitate to contact via our email cs@GoldTrade.ae.
GoldTrade or associates may amend User Agreement at any time by posting the amended terms on the website. Except as otherwise provided in the User Agreement, the amended terms will become effective automatically 30 days after their initial posting on the website. User Agreement may not be otherwise amended except by written agreement between the company and you.
User Agreement sets forth the entire understanding between the company and you with respect to the subject matter of User Agreement. If you have any questions with respect to User Agreement or your rights and your obligations under User Agreement, send your questions via email directly to our associates or to our email address cs@GoldTrade.ae