Public Offer Agreement

This offer is addressed to individuals (hereinafter referred to as the “Client”, “Owner of the Order”) and is a public offer from SwissGold Market (hereinafter referred to as the “Company”) to enter into the agreement that is posted at: https://sg.market/about (hereinafter referred to as the “Agreement”).

1. Concepts and Definitions

1.1 Company – the SwissGold Market Ltd online store, registered at: New Horizon Building, Ground Floor, 3/4 Miles Philip S.W. Goldson Highway, Belize City, Belize.
 
1.2 Client – a fully capable individual who places orders on the Company's website: https://sg.market.

1.3 Online store – the website owned by the Company with the internet address: https://sg.market. It presents the products offered by the Company to its Clients to make Orders, and the respective payment and delivery terms.

1.4 Product – certified gold bars of the highest standard 999.9 weighing from 1 to 100 grams from global manufacturers certified by the London Bullion Market (LMBA).

1.5 Order – a request to buy or sell gold, made by the Client through the online store SwissGold Market.

1.6 Parties – the Company and Client (owner of the order).

1.7 Dashboard – the website interface that the Company provides to the Client in order to make and track orders and monitor services.

1.8 Verification – the process of validating the identity of the person who is the holder of the order.

1.9 Code – a set of basic moral, ethical and business standards and principles that guide the Clients of SG Market.

1.9.1 Public Offer Agreement – the terms and conditions of this Agreement, available on the website, established by the Company when making commercial transactions, and the relations with the Client, with which the Client agrees when entering into this Agreement.

2. Subject matter of the Agreement, rights and obligations of the Parties.

2.1 By placing an order on the Company website, the Client confirms that he or she is an adult and has legal capacity, as required by the law of the country of residence and meets all the requirements of the law.

2.2 The Client guarantees that he or she acts on his or her own behalf, and that the payment made is part of his or her property and legal source of income.

2.3 By placing an order on the Company website, the Client confirms that he or she is fully aware of the Terms and Conditions of the Company and fully agrees to comply with them. If the Client does not agree with the Terms and Conditions of the Company, the Client shall not place an order on the Company website.

2.4 By placing an order, the Client undertakes to pass a verification procedure.

2.5 The Client undertakes to comply with all rules of the Company Code.

2.6 The Client undertakes not to disseminate information that is defamatory to the Company, false or distorted information regarding the Company and the services provided by the Company and does not interfere with the activities of the Company and its clients. Actions that interfere with the Company shall also include marketing of the products of competing companies. The Client also undertakes to fulfil the other requirements defined in this Agreement and in the General Terms and Conditions of Commercial Transactions.

2.7 The Client may place one order from each type of order under this Agreement.

2.8 In accordance with the terms of this Agreement, the Company grants the Buyer the right to use the online services provided by the Company to place orders for the sale and purchase of investment gold bars using the online tools provided by the Company.

2.8.1 For advertising and involving clients, the Company pays the Holder of the Order a commission (hereinafter referred to as the Bonus) in the amount, order and terms determined based on the Company's Terms and Conditions.

2.8.2 After an order is paid for, the Company undertakes to provide the Buyer in his or her Dashboard the online tools to enable the purchase and sale of investment gold, to monitor the Order made by the Buyer in accordance with the General Terms and Conditions of Commercial Transactions, and for the Holder of the Order to carry out marketing activities.

2.8.3 After an order is placed, the Company undertakes to provide a document confirming the total cost and quantity of the goods.

2.8.4 The Company may unilaterally revise the General Terms and Conditions of the Company. The Company shall notify the Holder of the Order about the change by posting a respective notification on the website or in a different way. The date of entry into force of the new terms and conditions is the date they are posted on the website.

2.8.5 The Company may refuse to enter into the agreement with any person acting in any other way than that dictated by the Company. Any person who violates the civil laws of the country of residence through non-compliance with the rules of the Company, as well as any civil law charters, may be liable in accordance with the laws of their country. The Company has the right to contact state legal bodies to initiate proceedings against any such person.

3. Ordering procedure

In order to place an order in accordance with the Terms and Conditions of the Company, the Client shall:
• register at the SwissGold Market online store
• complete the verification procedure
• make an order and pay in any available way

3.1 It is the responsibility of the Client to verify his or her identity and provide the Company with an official document proving his or her identity and address, which the Client shall provide in the dashboard of the Company.

3.2 The registered Client will be liable for any possible damages and consequences that arise as a result of providing erroneous information in relation to personal data.

3.3 In the case of the submission of forged documents, or documents that have expired, or any other documents that do not meet the requirements of the Company, the Company may refuse to verify the account.

4. Payment under the Agreement

4.1 The Client undertakes to pay for the order after it has been made, using the available payment methods of the Company. The Client is solely responsible for correctly making payments.

4.2 Payment methods are subject to change without notice. The Client can find all respective information in his or her dashboard.

4.3 All costs associated with currency exchange and bank transfer fees are paid by the Client.

4.4 Payment is considered to be made from the moment of crediting funds to the Company's accounts

4.5 The Client undertakes to pay the Company a subscription fee for the use of the dashboard and the online tools provided by the Company. The subscription fee may vary depending on the type of order.

4.6 The Client undertakes to pay fees in connection with the storage and delivery of gold. The gold storage cost is 0.1 % per month of the value of the gold stockpiled in depository on the first day of every month.

5. Sale, storage and delivery of gold

5.1 Upon completion of an order, the Client has the right to:
• sell the purchased gold bars back to the online store at the current day's purchase price, or
• transfer the acquired gold bars to storage in a specialized vault, or
• receive the purchased gold bullions by insured mail.

5.2 The Buyer pays all storage and delivery costs associated with obtaining the purchased gold bullions. The cost of shipping by insured mail is determined by the postal service.

5.3  In the absence of a product, the Company may replace it with a similar product, having previously informed the Client.

5.4 The Buyer is fully responsible for paying all VAT, taxes and fees.

6. Privacy Policy

6.1. The Company undertakes to take all reasonable measures to protect the confidentiality of Client data. The Company maintains server security where Client information is stored. This section explains the privacy policy in relation to all information received from the Client (Personal Information).

6.2 Personal Information – any information relating directly or indirectly to the Client, which he or she provides when registering or in the process of using the services of the Website.

6.3 The Company may collect Personal Information about the Client in a number of ways. For example, the Company collects personal information when:

• the Client registers an account
• the Client uses the different services provided
• the Client contacts the Company via email, regardless of the reason.

Some personal information can also be automatically collected, for example, the IP address of the Client’s computer or mobile device, the operating system of the computer or mobile device, the type of browser, the address of the corresponding website, the date and time the Company’s website is visited.

6.4 If the Client makes any purchases through the Company's website, credit card details may be required for billing. All such transactions using a credit card are fully encrypted, and the Client’s credit card and billing data is collected and stored with a trusted third party who has processed the payment. Any third-party credit card provider shall be prohibited from using this information for purposes other than storing credit card information.

6.5 Some information may be collected automatically using cookies. Cookies are small text files that are located on the Client’s computer and identify the Client as a unique user. Cookies allow Client actions and status to be tracked when ordering goods. The Client can set his or her browser so that cookies are rejected. The Client can also manually delete individual or all cookies on a personal computer, following the browser help settings. However, this can lead to problems accessing and using certain pages and functions of the site.

6.6 The Company is committed to protecting the Client’s personal information and not disclosing it to third parties, except as specified in this Privacy Policy. The Company may share Personal Information with subcontractors who provide services.

6.7 The Company may disclose Personal Information:

- to third parties in case of any reorganization, merger, sale, joint venture, appropriation, transfer or other disposal of all or any part of our business, assets or shares (including in connection with any form of bankruptcy or a similar process)
- to third parties who are directly related to us or conduct joint activities with us for marketing purposes
- in cases which the Company finds necessary or expedient:

(a) In accordance with applicable law, including laws outside your country of residence
(b) In litigation
(c) Respond to requests from public and state bodies, including public and state bodies outside your country of residence
(d) To ensure compliance with the Terms and Conditions of the Company
(e) To protect the activities of the Company or the activities of any of the Company representatives
(e) To protect the rights of the Company, the confidentiality, security, property of the Company representatives, Clients or other persons
(g) To enable the use of available legal remedies or to limit the damage that may be incurred by the Company. The Company reserves the right to disclose and publish all information available to the Company about any person who misuses the name of the Company or takes unauthorized actions on behalf of the Company, including names, addresses, photo/audio/video and any other materials belonging to the Company.

6.8 In the event that the Company becomes aware or there is reason to believe that the Client is involved in actions that are illegal in any jurisdiction that the Company considers significant (at its discretion), the Company reserves the right to fully cooperate with government agencies in any part of the world and not comply with obligations regarding Client confidentiality; and the Client irrevocably indemnifies the Company from liability, respectively, and permits the Company to disclose the details of the Client to these agencies.

7. Security of personal data

7.1 The Company has a high level of control and security, including 128-bit SSL encryption technology. The Company also strongly recommends that Clients protect their personal online and product information with modern internet security software and operating system updates.

7.2 The Client shall keep his or her password confidential and not disclose it to any third parties. The Client is responsible for any use of the Company’s services by any person using the Client’s login and password.

7.3 The Client assumes full responsibility for the security of his or her login data and for all risks associated with their loss (theft and/or compromise).

7.4 The Company shall not be liable for damage caused in the event of compromise or theft of data.

7.5 The Company reserves the right to change this Privacy Policy at any time. 

8. Dispute resolution under the agreement, liability for breach of agreement

8.1 The Company's operations are governed by Belize law. Any dispute, disagreement or claim in connection with this Agreement or its breach, termination or invalidity shall be finally resolved by the Arbitration Court in Belize.

8.2 The Holder of the Order is liable for breach of this Agreement and the General Terms and Conditions of Commercial Transactions, and the Holder of the Order is responsible for all losses that may be incurred by the Company as a result of violation by the Buyer and the Holder of the Order of this Agreement and the General Terms and Conditions of Commercial Transactions.

8.3 In the event that the Holder of the Order violates the provisions of this Agreement or the General Terms and Conditions of Commercial Transactions, the Company may immediately terminate this Agreement without prior notice, in which case the previously received subscription fee is not refundable, and the Company is exempt from paying the Holder of the Order the Bonus stipulated by this Agreement. The Holder of the Order undertakes to fulfil his or her obligations to fulfil the Order at his or her own expense.

8.4 The Company shall not be liable for any losses incurred by the Holder of the Order, including direct and indirect losses and lost profits that may be incurred by the Holder of the Order when using the online services provided by the Company, dashboard and online tools.

9. Force majeure

9.1 The Parties are exempt from liability for partial or complete non-fulfilment of obligations under this Agreement if this failure resulted from force majeure circumstances that arose after the conclusion of this Agreement as a result of the emergence of extraordinary events such as natural disasters, war, any military operations, earthquakes, hurricanes, and other extraordinary events that the Parties could neither foresee nor prevent by reasonable measures.

9.2 If either Party cannot fully or partially fulfil its obligations due to the circumstances specified in clause 9.1. of this Agreement, the deadline for the fulfilment of the obligations under this Agreement shall be extended for the period during which these circumstances exist.

9.3 If the circumstances stipulated in clause 7.1. of this Agreement last longer than twelve months, either of the Parties may terminate this Agreement, and in this case, neither of the Parties has the right to receive compensation for damages associated with such termination.

9.4 A Party that has become unable to fulfil its obligations due to the circumstances stipulated in clause 9.1. of this Agreement, must promptly notify the second Party in writing about the occurrence of such circumstances, indicating the nature of the circumstances and their impact on the ability to fulfil the contractual obligations.

10. Conclusion of the Agreement, its validity period, procedure for its termination

10.1 The Agreement enters into force and is binding on the Parties from the moment the Buyer confirms the Agreement on the website by clicking on “I agree” at the bottom of the Agreement and also from the moment the Company receives the Order payment as per the terms of this Agreement.

10.2. The Agreement is valid until the complete fulfilment of the Order by the Parties and can be automatically extended for the next Order paid by the Buyer.

10.3 Each Party has the right to terminate the Agreement ahead of time, by notifying the other Party in writing 30 (thirty) days before the termination. In addition, each of the Parties must comply with the Terms and Conditions of the Company.

10.4 The Company, being notified of the death of a Partner, renews the order of the Client upon receipt of corresponding documents that are acceptable in the jurisdiction of the Partner.

11. Final provisions

11.1 This Agreement and the documents relating hereto contain the full scope of any agreements and supersede all previous agreements, both oral and written, existing between the Parties in relation to the subject matter of this Agreement.

11.2 If any of the terms of this Agreement expire, it must be replaced with another valid term that as closely as possible corresponds to the desired result and the economic goal of the invalid term. The invalidity of any term of this Agreement does not in any way affect the validity of the other terms of the Agreement.

11.3 If any provision in this Agreement is found to be invalid, this will not affect the significance of this Agreement as a whole providing the fundamental Provisions in this Agreement are not completely changed. In such a case, the Parties enter into negotiations without delay in order to replace the invalid provision with a new provision, which, due to its economic, legal and practical effect, is so close to the invalid provision that it is reasonable to assume that the Parties initially entered into this Agreement with the new provision.

11.4 This Agreement is drawn up in several languages. In the event of a dispute between the Parties, the copy in English of this Offer prevails if any questions arise.

11.5 This website is not intended to be distributed or used by individuals or legal entities that are resident or registered and are under such jurisdiction, where such use or distribution would violate the current legislation or regulations, and also, if for such distribution or use actions are required related to registration or licensing in this jurisdiction of SwissGold Market or any of its subsidiaries or organizations. This website and the information contained therein are the property of SwissGold Market and cannot be used to compile legal, juridical, tax, accounting and securities, investment reports and advice, including the formulation of opinions on the appropriateness and suitability of any investment or investment strategies.

11.6 This website does not entail a call or offer to invite and make public offers to buy or sell any investment product or service to any individual or legal person, whatever jurisdiction he or she may be in.

11.7 The Company does not offer any investment opportunities or guaranteed income. No one is forced to buy any product in order to receive a guaranteed business income or business model. Participation in the concept of the Company is completely voluntary.