Terms Of Use
I. Internet Site Terms and Conditions Of Use
AUSECURE, LLC, a limited liability company having its principal place of business in Chicago, Illinois USA (the “Ausecure”, “Us”, “We” or “Our”) provides this web site (the “Site”) subject to your compliance with these terms and conditions (the “Agreement”).
PLEASE READ THIS BEFORE ACCESSING THE SITE. BY ACCESSING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT USE THE SITE.
1. Rules
While visiting the Site, you may not:
(a) post, transmit or otherwise distribute information constituting or encouraging conduct that would constitute a criminal offense or give rise to civil liability, or otherwise use the Site in a manner which is contrary to law or would serve to restrict or inhibit any other user from using or enjoying the Site or the Internet;
(b) post or transmit any information or software which contains a virus, cancelbot, trojan horse, worm or other similar, harmful or disruptive component; or
(c) upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material obtained through the Site which is protected by copyright, or other intellectual property right, or derivative works with respect thereto, without obtaining permission of the copyright owner or right-holder.
2. Site Operation
Ausecure shall be under no obligation to continue to operate the Site for any particular term and may remove or change the Site at its sole and absolute discretion.
3. Ausecure Services
Ausecure offers certain services on the Site (such services being the “Ausecure Services”). The Ausecure Services are offered pursuant to the Ausecure Services Terms and Conditions available on the Site.
4. Data
The Site presents certain financial and other data, such as, for example, prices of various precious metals (collectively, the “Data”). The Data provided on the Site is data that is procured from third parties and constitutes the proprietary information of such third parties which has been licensed to Ausecure for publication on the Site. You are specifically prohibited from copying, distributing the Data, by any means, including without limitation by embedding, caching, framing or otherwise providing access to the Data or any copies of any or part thereof. The Data may contain inaccuracies and errors. The Data is provided “as is” and no representation is made as to the accuracy, currency or completeness of the Data. Ausecure shall have no liability for your reliance on the Data or your use thereof in any transaction or otherwise.
5. Monitoring
Ausecure has no obligation to monitor the Site. However, you agree that Ausecure has the right to monitor the Site electronically from time to time and to disclose any information as necessary to satisfy any law, regulation or other governmental request, to operate the Site properly, or to protect itself or its users in accordance with Ausecure’s Privacy Policy. Ausecure will not intentionally monitor or disclose any private electronic-mail message unless required by law. Ausecure reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of this Agreement.
6. Submissions
All information submitted to Ausecure through Site shall become the property of Ausecure and Ausecure shall be free to use, for any purpose, idea, concepts, know-how or techniques contained in in formation that you may submit to Ausecure through this Site. Ausecure shall not be under an obligation of confidentiality in respect of such information except and to the extent that Ausecure enters into or assists in establishing a customer relationship with or for you, or as otherwise agreed by Ausecure or as may be required by applicable law.
7. Privacy
In so far as you enter into a customer agreement, other than this Agreement, with Ausecure or one of its sponsoring banks, processors or suppliers, then information submitted by you in the course of such relationship shall be governed pursuant to Ausecure privacy policy posted on this Site, such as it may be from time to time.
8. Limitation of Liability
AUSECURE, INCLUDING ITS AFFILIATES, RELATED COMPANIES, LICENSORS AND OTHER SUPPLIERS, TAKE NO RESPONSIBILITY FOR THE ACCURACY OR VALIDITY OF ANY CLAIMS OR STATEMENTS CONTAINED IN THE SITE INCLUDING, WITHOUT LIMITATION, IN RELATION TO THE DATA. FURTHER, AUSECURE MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF ANY OF THE INFORMATION CONTAINED ON THE SITE FOR ANY PURPOSE. ALL SUCH INFORMATION, INCLUDING WITHOUT LIMITATION DATA, IMAGES, VIDEOS AND OTHER DOCUMENTATION IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND. IN NO EVENT SHALL AUSECURE BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION, PRODUCTS OR SERVICES AVAILABLE ON OR THROUGH THE SITE. UNDER NO CIRCUMSTANCES SHALL THE AUSECURE BE LIABLE TO YOU FOR ANY AMOUNT GREATER THAN ONE HUNDRED DOLLARS.
9. Recourse
If you are dissatisfied with the Site or with any terms, conditions, rules, policies, guidelines or practices of Ausecure in operating the Site, your sole and exclusive remedy is to discontinue using the Site.
10. Indemnity
You agree to defend, indemnify and hold Ausecure and its affiliates and related companies harmless from any and all liabilities, costs and expenses, including reasonable attorneys’ fees, related to any violation of this Agreement by you or users of your account, or in connection with the use of the Site or the Internet or the placement or transmission of any message, information, software or other materials on the Site or on the Internet by you or users of your account.
12. Intellectual Property
All elements of the Site (the “Elements”) such as, without limiting the generality of the foregoing, the Data, texts, articles, photos, illustrations, images, videos and audio materials, are the property of Ausecure and are subject to licenses or agreements allowing their broadcast through the site. No site Element may be copied, reproduced, distributed, published, translated, downloaded, posted or sent, in any way whatsoever, without the prior written approval of Ausecure or the copyright holder. You are allowed to post or download the site Elements, but solely for non-commercial purposes and for personal use, provided you do not change these Elements and maintain all their intellectual property notices.
The trademarks and logos used or posted on the Site are trademarks which were registered or not by Ausecure or third parties. Nothing in the Site may be interpreted as allowing, directly or indirectly, the use of a trademark reproduced on Site without the prior written approval of the owner of such trademark.
13 . Third Party Links
Third parties may provide links to other internet websites or resources on this Site. Ausecure neither controls nor endorses such ‘linked sites’ nor have we reviewed or approved the content or information that appears on these linked sites. You acknowledge and agree that Ausecure is not responsible for the legality, accuracy or appropriate nature of any content, advertising, products or any other materials on or available from such linked sites. You further acknowledge, and agree that Ausecure, its officers, directors, employees, affiliates nor any other representatives shall not be held responsible, or liable, directly or indirectly, for any damage, or loss caused, or alleged to be caused, by or in connection with use of or reliance on any such content, goods and services available on or through any such linked sites.
14. Territory
The Site originates and is published in the State of Illinois, USA, however, certain services offered from this Site are offered elsewhere.
15. Amendments
Ausecure reserves the right to amend this Agreement at any time and without notice. Such changes shall be binding on you if you continue to use the Site. Please review this Agreement from time to time to see that you are in agreement with the terms hereof, such as they may be from time to time.
16. Governing Law and Arbitration
If the parties to this Agreement have any dispute arising from an alleged breach of Agreement or arising from the Agreement itself, that dispute shall be submitted to binding arbitration in accordance with the rules (in effect at the time of the dispute) of the American Arbitration Association (“AAA”). Any party to this Agreement may not institute a suit in law or in equity regarding any dispute under this Agreement. Any action of dispute brought by you against Ausecure with respect to this Agreement must commence within six (6) months after the claim or cause of action arose or such cause of action shall be barred. Any matter where the amount in dispute is less than U.S. $25,000 shall be determined by a single arbitrator mutually agreeable to both parties, and lacking such an agreement, as may be selected by AAA procedures. Any matter where the amount in dispute is greater than U.S. $25,000 shall be determined by three (3) arbitrators with each party selecting one (1) arbitrator and the two (2) arbitrators so selecting the third arbitrator. Each arbitrator shall be a lawyer and have no less than five (5) years experience in payments or e-commerce. This Agreement shall be governed by and construed in accordance with the laws of the State of Illinois, USA, and the venue of any arbitration commenced under this section shall be in Cook County, Illinois.
17. Miscellaneous
This Agreement, including any and all documents referenced herein, constitutes the entire agreement between Ausecure and you pertaining to the subject matter hereof. In the event that you are solicited by Ausecure for a product or service and you wish to procure such product or service then the application for and supply of such product or service shall be governed by additional terms and conditions separate and apart from this Agreement. Ausecure’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provisions or right. Nothing in this Agreement shall be construed as constituting a partnership, joint venture or other association of any kind, or agent/principal relationship between the parties hereto. If any of the provisions contained in this Agreement were determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions contained herein. This Agreement shall be governed by and construed in accordance with the applicable laws of the State of Delaware and the federal laws applicable therein.
18. Contacting Ausecure
If you have any questions concerning this Agreement, please contact Ausecure by e-mail at [email protected].
II. Ausecure Services Terms and Conditions Of Use
Thank you for visiting www.ausecure.com (the “Site”). The Site is owned and operated by AUSECURE, LLC, a Delaware company having its principal in Chicago, Illinois, USA and operating under the name “Ausecure”. Use of the services offered on the Site are subject to your acceptance of these Ausecure services terms and conditions (the “Agreement”). You are referred to herein as a “Member”, “you” or “your”. You are required to read this Agreement prior to using the services offered on this Site.
Capitalized terms in this Agreement are defined in the glossary at the end of this Agreement.
1. Disclosure Of Risks
AUSECURE IS IN THE BUSINESS OF SELLING AND BUYING BULLION THROUGH THE SITE. THE BULLION BUSINESS IS INHERENTLY RISKY.
AUSECURE IS A PRIVATELY HELD COMPANY. AUSECURE IS NOT A BANK, MONEY SERVICES BUSINESS, INVESTMENT ADVISOR OR FINANCIAL INSTITUTION AND IS NOT SUBJECT TO REGULATION BY THE SECUTITIES AND EXCHANGE COMMISSION (“SEC”), THE U.S. COMMODITY FUTURES TRADING COMMISSION (“CFTC”) OR THE NATIONAL FUTURES ASSOCIATION (“NFA”). SOME FACTORS THAT IMPACT ON THE PRICE OF BULLION INCLUDE BUT ARE NOT LIMITED TO: CURRENCY FLUCTUATIONS, WEATHER, POLITICAL INSTABILLITY AND SUPPLY AND DEMAND. IT IS IMPOSSIBLE TO PREDICT HOW PRICES FOR BULLION WILL VARY.
THE MARKET PRICE OF BULLION VARIES ALL THE TIME. BULLION CAN INCREASE OR DECREASE IN VALUE DRAMATICALLY WITHIN HOURS OR EVEN MINUTES. CONSEQUENTLY, YOUR DECISION TO PURCHASE BULLION AT A GIVEN PURCHASE PRICE UNDER A SALE MAY RESULT IN YOU LOOSING MONEY IF THE VALUE OF THE PRODUCT DECREASES AFTER THE SALE.
IF YOU DECIDE TO INVEST IN BULLION, YOU SHOULD DO SO WITH DISCRETIONARY FUNDS AND NOT WITH MONIES NECESSARY TO PAY FOR YOUR HOUSING, FOOD, CAR AND OTHER ORDINARY NECESSITIES. YOU SHOULD NOT INVEST IN BULLION IF YOU HAVE ONLY LIMITED MEANS OR LIMITED INVESTMENT EXPERIENCE. ADVICE FROM A DULY LICENSED FINANCIAL ADVISOR (WHICH AUSECURE IS NOT) IS RECOMMENDED PRIOR TO DECIDING TO INVEST IN BULLION.
2. Services
Ausecure offers the Services to Members that: (i) agree to the terms of this Agreement; (ii) are not in breach of the terms of this Agreement or any other agreement with Ausecure or any of its affiliates; and (iii) do not use the Services to assist in any Prohibited Activity. Ausecure reserve the right to modify the Services or terminate its operation of the Services on notice to Member through the Account.
3. Account
So long as Member is not in breach of this Agreement, Member shall be granted a unique and private Account through which to access the Services. Activation of an Account will require a Member to provide certain personally identifiable information, including, without limitation, a copy of government-issued photo identification. The Account shall be online and accessible through the Site hosted by Ausecure and shall serve a record of Member procurement of Services, Transactions and Fees. Ausecure shall provide Member with access codes for the Account. Member may not disclose such codes or permit any third party to use them on penalty of forfeiting the whole of the Account. Member is able, through the Account, to agree to Transaction Terms which constitute legally binding agreements between Member and Ausecure. The Account is not a game, and must be used with caution so as to commit to only those Transactions that Member wishes to Close and that Member can afford. Member assumes full responsibility for the use of its Account and the access codes thereto and shall indemnify Ausecure for any and all claims, losses or other liabilities arising therefrom. Except as required to deliver the Services or as otherwise required by law, Ausecure shall not grant any third party access to the Account of Member. Rights of Members in Accounts are non-transferrable.
4. Prohibited Activities
It is forbidden for a Member to use the Services to, directly or indirectly, knowingly or unknowingly assist in any illegal activity or any Prohibited Activity (all of which are listed below in the Glossary). Members who breach this clause shall, at the discretion of Ausecure be subject to Account Termination with Cause.
5. Prohibited Members
The following Persons are prohibited from using the Services: (i) Persons who appear on the U.S. Department of the Treasury, Office of Foreign Assets Control (OFAC), Specially Designated Nationals List (SDN); (ii) Persons who are less than 18 years of age; (iii) Persons who wish to use the Services for Prohibited Activities; (iv) Persons who, as determined by Ausecure may or have exposed Ausecure, its affiliates, processors, banks or others to excessive financial or reputational risk; (v) Persons, or their Affiliates who have been subject to an Account Termination with Cause; and (vi) Persons who are not residents of the United States.
6. Purchase and Sale of Product
Ausecure shall post proposed Purchase Prices for its purchase or sale of Product, which prices are available to Member to view through the Account.
(a) Transaction Terms
Each Transaction shall be for one or a combination of the following: (i) Sale of Product from Ausecure to Member; (ii) Sale of Product from Member to Ausecure; (ii) supply of Delivery from Ausecure to Member, which delivery could be either to or from Member; or (iii) the supply of Storage by Ausecure to a Member. No Transaction shall occur unless and until there has been Offer and Acceptance of specific Transaction Terms through the Account, as all are defined below.
(b) Offer
If Member wishes to carry out a Transaction, then the Member shall select, through the Account, the specific terms of the given Transaction that they wish to carry out, which may include a Product, Storage or Delivery, or some combination thereof, together with a specific proposed Purchase Price applicable thereto (collectively such transaction terms shall be referred to herein as the “Offer”). Member acknowledges that the Services offer a limited number and variety of Offers that can be formulated through the Account, which selection will change from time to time and the prices for which shall also vary over time, even one minute to the next or shorter intervals. The Offer, once made, shall be deemed a binding legal offer by Member to Ausecure to purchase, sell or procure, as the case may be, the Products, Storage and Delivery contemplated therein, and which shall be deemed to include, by reference, the terms of this Agreement, which Offer shall be open for acceptance by Ausecure for twelve (12) hours from the time at which it is made (the “Acceptance Period”).
(c) Limit Offer
Where permitted by the Services, Members may make limit offers (each a “Limit Offer”), meaning that the Offer will be made automatically by the Account if a specific Product reaches a specific price. Limit Offers are Offers, benefiting from the same rights and obligations except the establishment of the Purchase Price associated therewith which will be set automatically by the Services based on the parameters selected by Member. Limit Offers will be available for Members to make only within the parameters permitted by the Services, such as they may be from time to time. For example, the Services may limit the time during which a potential Limit Offer shall remain open prior to the Account automatically converts it to an Offer, or there may be limits on the dollar amount of Limit Offers that are a function of the size of the Member’s then current Pre-Payment.
(d) Acceptance
During the Acceptance Period, Ausecure shall review the terms of the Offer. At any time prior to the end of the Acceptance Period, Ausecure shall accept or decline the Offer through the Services. If, as of the end of the Acceptance Period, the Offer is neither accepted nor rejected by Ausecure, then it shall be deemed to have been rejected. When Ausecure accepts an Offer, such acceptance shall be referred to herein as an “Acceptance” and the specific terms of the Transaction contemplated therein shall be referred to herein as the “Transaction Terms”. Ausecure shall be under no obligation to provide any individual Acceptance or any Acceptance at all. Each Acceptance shall be made at the sole and absolute discretion of Ausecure. Upon Acceptance the parties hereto shall be deemed to have accepted a Transaction as per the applicable Transaction Terms and each shall be bound by their respective obligations in respect thereof. Sales by Ausecure shall be subject to payment by Member of applicable sales taxes, which taxes are deemed to be added to the applicable Fees, whether or not such amounts are set out in the Transaction Terms.
Where Member is selling Product to Ausecure, Ausecure reserves the right, for ten (10) days following its receipt of the Product to inspect the Product. Where assay or other tests are required for Ausecure to evaluate the Product, as determined by Ausecure, such tests shall be at the expense of Member. If such Product does not match the Member’s description thereof, is defective, counterfeit or, in the sole and absolute discretion of Ausecure, not in the condition they were represented to be, then Member shall be in material default hereunder and Ausecure may rescind its Acceptance, return the Product to Member and Member shall be liable to return the Purchase Price received for such Product and pay for all Deliver Fees in respect of the return of the Product to Member, together with liquidated damages in the amount of $100 per Product so returned.
(e) Payment
(i) Payment by Member to Ausecure. Payment of Fees to Ausecure in respect of Transaction Terms are due from Member to Ausecure immediately following Acceptance, but in no event more than five (5) days following Acceptance or such shorter time as Ausecure may prescribe. If Fees are not paid in full within such delay, the Transaction in question shall be rescinded and Member shall be liable to pay to Ausecure liquidated damages in the amount of the difference in Purchase Price of Product contemplated in the Transaction and the Purchase Price then listed for the same Product on the Site, plus $100.00.
Payments of Fees by Member to Ausecure shall be made, at the discretion of Ausecure, as indicated through the Account, by credit card, ACH, wire transfer or application of a Pre-Payment.
Credit Card Payment. Credit card payment may be made at the Site for qualified orders. Credit card orders are subject to a 7-15 business day clearing process for any order. Funds have to be verified and/or deemed good before any order is finalized. Any order maybe subject to further review. All Credit card orders for any amounts will be reviewed on an order by order basis. Larger credit card orders may be subject to additional documentation and/or screening and are subject to our approval. For all orders over $2000 USD we recommend paying by one of the other available methods, such as wire payment. Subject to payment network rules, under no circumstances will Ausecure permit any Transaction to be subject to a return, reversal, refund or chargeback unless Ausecure believes that the Transaction was in furtherance of Prohibited Activity, in which case Ausecure reserves the right to return the face-value thereof to the Member or withhold the amount thereof pending an order by a court of competent jurisdiction to remit it to Member or a government authority. Fees applicable to Transactions shall be charged, as a well as other amounts specified here in, even if they are returned or chargedback.
ACH Consent. ACH Payment may be made at the Site through the Account and is subject to the following which shall be referred to herein as the “ACH Consent”: Member desires to effect settlement of credits and debits from the Member Deposit Account by means of ACH and/or wire transfer in conjunction with the Services for its Members by Ausecure. In accordance with this desire, Member authorizes Ausecure and/or its affiliates to initiate debit and credit entries to the Member Deposit Account (the details of which are set out below). Member agrees to maintain sufficient funds in Member Deposit Account to cover debit transactions. By signing this authorization, Member states that it has authority to agree to such transactions and that the Member Deposit Account indicated is a valid and legitimate account for the handling of these transactions. This authority is to remain in effect until Ausecure receives written notice from Member revoking it. This authorization is for the payment of Compensation, or any other sums owed to Ausecure or Ausecure’s affiliates. Member also certifies that the appropriate authorizations are in place to allow Member to authorize this method of settlement. All changes to the identification of the Member Deposit Account under this authorization must be made in writing in accordance with the Agreement. Member understands that if the information supplied as to the ABA Routing Number and Account Number of the Member Deposit Account is incorrect, and funds are incorrectly deposited, Ausecure will attempt to assist Member in the recovery of such funds but has no liability as to restitution of the same. Ausecure’s assistance in recovering the funds, where available, will be billed to Member at Ausecure’s current hourly rate for such work. Member acknowledges that the origination of ACH transactions to the Member Deposit Account must comply with the provisions of U.S. law. Where Ausecure initiates a debit of Fees from the Member Deposit Account and such amounts are not available, or where Ausecure has agreed to accept payment by check and the check bounces, Member shall be liable for any and all NSF fees associated therewith, together with liquidated damages in the amount of $100.
Wire Payment. When Ausecure elects to be paid by wire transfer, it shall do so by notice through the Account which notice shall include wire instructions for Member.
Pre-Payment. Where Member has made a Pre-Payment that has not been spent, by way of instructions to Ausecure through the Account, Member may apply the amount thereof as a Payment to any given Transaction.
(ii) Payment by Ausecure to Member. Payment of a Purchase Price by Ausecure to a Seller shall be made by ACH as per the ACH Consent, by check mailed to the address of Member entered in the Account or by such other means as may be acceptable to Ausecure. Ausecure shall make Payment of Purchase Price payable to Member within 28 days of Acceptance.
(f) Closing Closing of a given Transaction shall be deemed to have occurred when Acceptance is made and when Payment in full is received by the party selling the Product.
7. Storage
Where Member has elected, in a Transaction, to purchase Storage, then upon Delivery of the Product to the Ausecure Vault, Ausecure shall provide Storage in respect thereof as per the applicable Transaction Terms. Storage Fees are payable monthly in advance. No Storage shall be provided unless Payment of one (1) month’s Fees have been paid to Ausecure prior to the month in question. Where Product for Storage is subject to Sale from Ausecure to Member, no Delivery or Storage of such Product shall take place until after Closing. Members are not permitted to visit or collect their Product from the Ausecure Vault. Product can only be retrieved from the Ausecure Vault by a Delivery Transaction initiated through the Account. Storage Fees, once paid, are not refundable, even if Member demands that the Product in Storage be returned prior to the end of the Storage term purchased.
Fungible Products. Where a Product subject to Storage is fungible, meaning that it is a coin printed by a national mint, or some other bullion or other Product that is interchangeable for a different Product meeting the same specifications, as determined by Ausecure, in its sole discretion, then: (i) Ausecure may store Product together with other similar Products without retaining a record of the identity of the Product placed in storage; and (ii) at the end of the Storage term, upon Delivery of the Product to Member, Ausecure reserves the right to Deliver to Member a Product that is not the same actual individual Product first subject to Storage, but instead another Product that is of the same mintage and meeting the same essential criteria.
8. Delivery
Ausecure, through its agents and suppliers, provides Delivery of Product to or from Ausecure or the Ausecure Vault. Where Member has elected, in a Transaction, to purchase Delivery, then Ausecure shall provide the Delivery Service, within ten (10) days of its receipt of Payment in respect thereof. Unless otherwise directed by Member through the Account, where Member has purchased Product from Ausecure, and requested Delivery, Delivery shall be made to the address of Member logged in the Account. Delivery will not be made by Ausecure to any address that is an address other than that of Member and in the United States. On a Sale of Product to Ausecure, delivery shall be at the expense and risk of Member only and shall be completed by Member within five (5) days of Closing failing which Ausecure may rescind the Sale, return the Product to Member and charge Member a $100 Fee for late delivery.
9. Risk of Loss
Prior to Closing, risk of loss in respect of a given Product shall be with the party having title therein. After Closing, risk of loss in respect of a given Product shall be with the party in possession thereof, provided that where Product is sold from Member to Ausecure, risk of loss thereof shall remain with Member until it has been received by Ausecure. Ausecure recommends insuring shipments of Bullion for the market value thereof.
10. Pre-Payment for Product
In order to assist Members in expediting payments to Ausecure, Members are permitted to make Payments in advance of a given Transaction or Closing (each such payment being a “Pre-Payment”). No Pre-Payment, or collection of Pre-Payments may exceed $5,000 in the aggregate. Pre-Payment funds shall be deemed funds for the pre-purchase of Product and shall belong to Ausecure, subject to Ausecure agreeing to credit the Member that made the Pre-Payment for the amount thereof. A Member may obtain a return of any Pre-Payment within ten (10) days of a request for such return through the Account. Pre-Payment, or any amount thereof, that are made, but remain unused for more than one (1) year shall be automatically returned to Member. On a bankruptcy of Ausecure all Members with unused Pre-Payment amounts shall be unsecured creditors and risk loosing the amounts thereof. Pre-Payment funds do not constitute an account, bank account, deposit or any other form of trust for the Member; they are simply pre-payment for Product that is yet to be selected.
11. Restrictions on Transactions
No Member may transact more than $5,000, per day, in Product through the Site without the prior express written consent of Ausecure which consent Ausecure may withhold at its sole and absolute discretion. No Transaction may be carried out that involves any Prohibited Activity or that is, directly or indirectly, for the benefit of a Person other than Member or a Person who is not normally resident in the United States.
12. Transaction Records
Ausecure shall provide, through the Account, reasonable reporting as to Transactions, Pre-Payments, Payments, Storage and Delivery. Such records shall be kept for one (1) year following the Transactions in question or the termination of the Storage term, in the case of Storage Transactions. Member undertakes to download its Account data from time to time so as to maintain copies thereof for safekeeping.
13. No Returns Refunds or Chargebacks
Under no circumstances will Ausecure permit any Transaction to be subject to a return, reversal, refund or chargeback unless Ausecure believes that the Transaction was in furtherance of Prohibited Activity, in which case Ausecure reserves the right to return the face-value thereof to the Member or withhold the amount thereof pending an order by a court of competent jurisdiction to remit it to Member or a government authority. Fees applicable to Transactions shall be charged, as a well as other amounts specified here in, even if they are returned or chargedback.
14. Security Interest
Member hereby grants Ausecure a security interest, as security for the performance of all of Member’s obligations under this Agreement, whether now existing or hereafter incurred, in Member’s Payments, Pre-Payments, Product purchased but still in possession of Ausecure and Product in Storage (collectively, “Member Collateral”). Member understands that Ausecure may file a UCC-1 Financing Statement to perfect the interest created under the UCC in connection with the obligations of the Member to Ausecure hereunder.
15. Intellectual Property Rights In Service
Member is hereby granted a non-exclusive, non-transferrable limited right to use the Services for the term of this Agreement only. Ausecure reserves all rights not expressly granted to Member in this Agreement. The Service is protected by copyright, trade secret and other intellectual property rights. Ausecure owns the title, copyright and other worldwide Intellectual Property Rights in the Service. This Agreement does not grant you any rights to any of the names, trademarks or service marks of Ausecure.
16. Fees
Members shall pay Fees for use of the Services. The Fees applicable at any particular time are posted on the Site and are subject to change without notice other than through the Site; Members continued use of the Services for thirty (30) days following a change in Fees shall be deemed an acceptance by the Member of the changes made thereto. Pursuant to instructions from Member through the Account, when Member initiates any Transaction or requests a Service for which Fees are applicable, Member shall be liable to make Payment of those Fees to Ausecure. Ausecure reserves the right, without prior notice or consent, to off-set from any amounts owing to Member hereunder, any Pre-Payment or from Product in Storage by way of payment in kind, the amount of any Fees or other liabilities of Member under this Agreement.
17. Member Representations
It is agreed between the Parties that performance by Ausecure hereunder, whether the representations, warranties and covenants of Member are fulfilled or not, shall in no manner whatsoever waive the benefit, to Ausecure, of any such representations, warranties and covenants of Member. Member hereby warrants and covenants to Ausecure that:
(a) Acknowledgement Of Risk. MEMBER ACKNOWLEDGES AND REPRESENTS TO AUSECURE THAT: (I) IT KNOWS THAT THE BULLION BUSINESS IS SUBJECT TO A HIGH LEVEL OF RISK AND IS NOT SUITABLE FOR ALL INDIVIDUALS; (II) FEES ARE PAYABLE FOLLOWING ACCEPTANCE OF TRANSACTION TERMS BY AUSECURE AND AUSECURE DOES NOT EXTENT CREDIT TO MEMBER; (III) AUSECURE IS NOT ENSUED BY THE FDIC OR REGULATED BY THE SEC, CFTC OR THE NFA.
(b) Duly Constituted. If Member is an individual, they are over the age of 18 and of sound mind and capable of assuming the obligations of this Agreement. If the Member is a business or carries on an organized economic activity for profit or otherwise and, if it is not an individual, is duly constituted under the laws of its constituting jurisdiction and that it has legal capacity to enter into this Agreement and perform its obligations hereunder;
(c) Duly Authorized. If Member is a company or other corporate entity, it has the necessary corporate power and authority to execute this Agreement and to perform its or his obligations hereunder. Such execution and performance by the Member does not require any action or consent of, any registration with, or notification to, any person, or any action or consent under any laws or regulations which the Member is subject;
(d) Notice Of Defects. Member will immediately advise Ausecure in writing of defects in the Product or any claim or threatened claim against it in relation to the Product, whether purchased or sole hereunder. Member assumes exclusive responsibility to monitor its Account and take such permitted actions in respect thereof as it may deem necessary; and
(e) Compliance With Laws. Each Product sold by Member, if any, conforms to all applicable laws in the jurisdictions where Ausecure and Member are located. It will conduct its business affairs in an ethical manner and in accordance with the terms and intent of this Agreement, and in compliance with all applicable laws and regulations, including but not limited to all laws and regulations applicable in each jurisdiction where the Product is sold. Member shall not use the Services to sell or promote or otherwise facilitate any Prohibited Activities.
(f) Opportunity To Financial Advisor And Consult Counsel. Ausecure does not provide any financial advice or counsel. Member represents that it has had the opportunity to a financial advisor and legal counsel for the purpose of reviewing and obtaining advice as to the terms hereof prior to agreeing to the terms of this Agreement;
(g) Vagaries Of The Market. Bullion prices will vary. Ausecure offers no predictions or advice as to the variation or expected variation of Bullion prices or any other financial predictions or advice.
(h) Taxes On Product. To the extent that Member is responsible for collecting taxes for the sale of Product, then such responsibility shall be solely of the Member and Member shall indemnify and hold Ausecure harmless from and against any and all liabilities that Ausecure may incur in respect of taxes on Product;
(i) Ausecure Not Liable For Product. Member assumes all responsibilities and liabilities associated with Product that it sells hereunder; and
(j) Sale of Product. Member shall not make any false representations concerning any Products to Ausecure or any other entity. Member shall not sell any Product that is illegal in the United States or any applicable jurisdiction where Ausecure or Member are located or domiciled.
18. Credit Check Consent
MEMBER AUTHORIZES AUSECURE AND ITS REPRESENTATIVES TO OBTAIN FROM THIRD PARTIES NON-PUBLIC PERSONAL INFORMATION CONCERNING THE MEMBER AND, AS THE CASE MAY BE, ITS OWNERS INCLUDING: FINANCIAL, CREDIT INFORMATION AND PERSONAL BACKGROUND RELATING TO MEMBER, ITS SHAREHOLDERS, DIRECTORS AND OFFICERS TO ASSIST AUSECURE DETERMINATION OF WHETHER TO ACCEPT THIS AGREEMENT AND AUSECURE’S CONTINUING EVALUATION OF THE FINANCIAL AND CREDIT STATUS OF THE MEMBER IN ORDER TO DETERMINE IF AUSECURE SHALL CONTINUE TO OFFER THE SERVICES TO THE MEMBER. SUCH PERSONAL INFORMATION SHALL BE COLLECTED, USED, STORED AND DISCLOSED TO THIRD PARTIES IN COMPLIANCE WITH THE AUSECURE PRIVACY POLICY POSTED ON THE SITE.
Member understands that by clicking on the Create Account button immediately following this notice, you are providing ‘written instructions’ to Ausecure under the Fair Credit Reporting Act authorizing Ausecure to obtain information from your personal credit profile or other information from Experian, Equifax, and/or Transunion. You authorize Ausecure to obtain such information solely to confirm your identity to avoid fraudulent transactions in your name. Account data and other information about you are subject to Ausecure Privacy Policy, available at the Site. The Terms and Conditions of Ausecure’s Privacy Policy are incorporated by reference as if set forth in full herein.
Account data and other information about you are subject to Ausecure Privacy Policy, available at the Site. The Terms and Conditions of Ausecure’s Privacy Policy are incorporated by reference as if set forth in full herein.
19. Indemnification
Member shall defend, indemnify and hold harmless Ausecure, its directors, officers, employees, agents, assigns, licensors and successors-in-interest from and against any and all third-party liability, damages, losses, claims, demands, actions, causes of action and costs (including attorneys’ fees and expenses) arising out of or resulting from: (i) Member’s performance under this Agreement including, without limitation, performance, nonperformance, or defect in performance, any statement, misstatement, representation or misrepresentation made by Member; (ii) the negligent or willful acts or omissions of Member or Member’s Affiliates, agents and/or employees; and (iii) any statements, claims, representations or warranties made by Member or Member’s Affiliates, agents and/or employees relating to the Products or any other matter.
20. Term and Termination
(a) Term. This Agreement shall be effective commencing on the date that Member has accepted the terms of this Agreement via the Site or in writing (the “Effective Date”) and continue for thirty (30) days thereafter (the “Initial Term”). After the Initial Term, this Agreement shall be renewed automatically for additional consecutive thirty (30) day periods, unless earlier terminated in accordance with the terms hereof.
(b) Termination. Either party may terminate this Agreement at any time on notice to the other party. In the event of a breach of the terms hereof by a Member, Ausecure may effect an Account Termination with Cause.
(c) Procedure Upon Termination. Upon any termination of this Agreement, Member shall longer be entitled to use the Account, Services or the Site. All provisions regarding indemnification, representations, warranties, liability and limits thereon and confidential information shall survive termination and termination of this Agreement shall not relieve the Member of its obligations to pay accrued Fees or other liabilities to Member hereunder. If this Agreement is terminated for breach by the Member, Member shall forfeit its rights to complete Transactions that may be pending but not already Closed. In so far as this Agreement is terminated and Member is not in default, then the Transactions pending Closing at the time of such termination shall be settled notwithstanding the termination. Upon any termination hereof, where Member has no outstanding liabilities to Ausecure, at the expense of Member, Ausecure shall Deliver Product that may be in Storage, if any to Member. If Member has actual or potential outstanding liabilities to Ausecure upon a termination hereof, Ausecure shall have the right to retain possession of all Member Collateral pending the final settlement of the dispute over such liabilities.
(d) Discontinuance. Ausecure reserves the right to discontinue the Service at any time.
21. Confidentiality
Ausecure shall use commercially reasonably efforts to maintain the confidentiality of information provided to Ausecure through the Account, subject to the right of Ausecure to use such information to supply the Services, evaluate Member for its suitability to procure the Services, and offer additional products and services to Member.
22. Limitation Of Liability
(a) No Warranties. THE SERVICE IS PROVIDED ON AN “AS-IS”, “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AUSECURE EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES AND CONDITIONS, INCLUDING ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AS WELL AS ANY WARRANTIES THAT THE SERVICES PROVIDED BY AUSECURE OR THAT THE OPERATION OF THE SERVICES WILL BE INTERRUPTION OR ERROR FREE.
(b) Limitation Of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, AUSECURE, ITS MEMBERS, AGENTS AND LICENSORS, SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE, TO THE EXTENT PERMITTED BY APPLICABLE LAW, TO MEMBER FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, EVEN IF AUSECURE HAS BEEN APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING. EXCEPT AS REQUIRED BY LAW, IN NO EVENT SHALL AUSECURE’S LIABILITY (WHETHER BASED ON AN ACTION OR CLAIM IN CONTRACT, TORT OR OTHERWISE) TO THE MEMBER, OR ANY THIRD PARTY, IN ANY WAY CONNECTED WITH OR ARISING OUT OF THIS AGREEMENT (AND ALL OTHER AGREEMENTS BETWEEN Ausecure AND YOU) EXCEED THE FEES ACTUALLY PAID TO Ausecure BY MEMBER DURING THE THREE (3) MONTHS PRIOR TO THE EVENT GIVING RISE TO LIABILITY.
(c) Force Majeure. Ausecure shall use its commercially reasonable efforts to perform its obligations hereunder, however, Ausecure, its Affiliates, agents or licensors shall not be liable for any loss resulting from the activities of Member, nor from any erroneous statements or errors in transmission, nor for any loss resulting from any delay, interruption or failure to perform hereunder due to any circumstances beyond Ausecure’s reasonable control including, without limitation, acts of god, fire, explosion, earthquake, riot, terrorism, war, sabotage, accident, embargo, storms, strikes, lockouts, any interruption, failure or defects in Internet, telephone, or other interconnect services or in electronic or mechanical equipment. Ausecure’s obligations hereunder shall be suspended during any of the foregoing circumstances, which suspension shall not be a cause for termination of this agreement by Member.
23. General
(a) Notices. Any notice, demand, request or other communication required or permitted to be given under this Agreement shall be in writing and delivered personally, or sent by prepaid registered mail, return receipt requested: to Ausecure at the postal address provided therefore on the Site; to Member at the address provided therefore upon registration with the Site; or to such other address as either party may have previously indicated to the other in writing in accordance with the foregoing. Any such notice, request, demand or communication shall be deemed to have been received on the day it was delivered personally, on the fifth (5th) day following mailing, unless there is a disruption of any kind of postal service.
(b) Independent Contractor. Neither party has any right to create any obligations on the part of the other party, without the other’s prior written consent. Nothing in this Agreement or the course of dealing of the parties shall be construed to constitute the parties hereto as partners, joint ventures or as agents or employees of one another or as authorizing either party to obligate the other in any manner. Member shall not: (1) bind Ausecure to any contract or agreement, (2) incur any obligation on behalf of Ausecure, (3) release, assign or transfer any agreement, claim, security or any other asset of Ausecure, (4) borrow or lend any money in the name of Ausecure, or (5) submit to any claim or liability related to the Services, allow judgment to be taken or confessed against Ausecure.
(c) On-Line or Written Formation of Contract. In respect of electronic acceptance of this Agreement, under the Electronic Signatures in Global and National Commerce Act (E-Sign), this Agreement and all electronically executed documents related hereto are legally binding in the same manner as are hard copy documents executed by hand signature when (1) your electronic signature is associated with the Agreement and related documents, (2) you consent and intend to be bound by the Agreement and related documents, and (3) the Agreement is delivered in an electronic record capable of retention by the recipient at the time of receipt (i.e., print or otherwise store the electronic record). This Agreement and all related electronic documents shall be governed by the provisions of E-Sign. By pressing “Submit”, “Accept” or “I Agree”, you agree: (i) that the Agreement and related documents shall be effective by electronic means; (ii) to be bound by the terms and conditions of this Agreement and related documents; and (iii) that you have the ability to print or otherwise store the Agreement and related documents.
(d) No Waiver. No waiver of any of the provisions in this Agreement shall be deemed or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver.
(e) Amendments to this Agreement. From time to time Ausecure will post amendments or revisions to this Agreement, including, without limitation, amendments to Fees, on the Site. Ausecure will provide notice of these amendments or revisions to you through the Site. If the amendment or revision is required in order to Ausecure and the Services to remain in compliance with applicable laws or payment processor regulations, then the amendment or revision shall take effect as of when it is posted to the Site. If, on the other hand, the amendment or revision is not required under law or by a payment processor of Ausecure, and Member does not close its Account within thirty (30) days of notice on the Site of the amendment or revision, then the Member shall be deemed to have accepted the amendment or revision. Other than as provided in this section, this Agreement may not be amended except by express consent of both parties through the Site or by such other means as Ausecure may reasonably prescribe.
(f) Assignment. None of Member or any of its successors may assign this Agreement, or any rights hereunder, directly or by operation of law, without the prior written consent of Ausecure which consent may be withheld for any reason, at Ausecure’s sole discretion. Ausecure may assign any of its rights or obligations hereunder without prior notice or consent of Member.
(g) Successors. This Agreement and the provisions hereof shall enure to the benefit of and be binding upon the Parties and their respective successors and permitted assigns. Member may not assign any of its rights or obligations under this Agreement to any third party without the prior written consent of Ausecure.
(h) Missing Members. If, for whatever reason, Ausecure is unable to contact a Member to complete a Transaction for their benefit, then Member shall retain title in such unsettled funds, but after two (2) years, Ausecure reserves the right to remit the amount thereof to government authorities responsible for taking possession of lost property in the jurisdiction of the Member or that of Ausecure.
(i) Further Assurances. Member, during and following the Term hereof, will promptly execute, acknowledge and deliver any further assignments, conveyances and other assurances, documents and instruments of transfer, reasonably requested by Ausecure and necessary for Member to comply with the representations, warranties and covenants contained herein and will take any action consistent with the terms of this Agreement that may reasonably be requested by Ausecure.
(j) Enforcement. The Member shall be liable for and shall indemnify and reimburse Ausecure for any and all reasonable attorneys’ fees and other costs and expenses paid or incurred by Ausecure in the enforcement of this Agreement, or in collecting any amounts due from Member hereunder, or resulting from any breach of any of the terms or conditions of this Agreement.
(k) Remedies. All remedies of either party hereunder are cumulative and may be exercised concurrently or separately. The exercise of any one remedy shall not be deemed to be an election of such remedy and shall not preclude the exercise of any other remedy. No failure on the part of either party to exercise and no delay in exercising any right or remedy hereunder shall operate as a waiver of such right or remedy.
(l) Severability. If any provision of this Agreement is held invalid or unenforceable by any court of final jurisdiction, it is the intent of the parties that all other provisions of this Agreement be construed to remain fully valid, enforceable and binding on the parties.
(m) Governing Law and Choice of Forum. If the parties to this Agreement have any dispute arising from an alleged breach of Agreement or arising from the Agreement itself, that dispute shall be submitted to binding arbitration in accordance with the rules (in effect at the time of the dispute) of the American Arbitration Association (“AAA”). Any party to this Agreement may not institute a suit in law or in equity regarding any dispute under this Agreement. Any action of dispute brought by you against Ausecure with respect to this Agreement must commence within six (6) months after the claim or cause of action arose or such cause of action shall be barred. Any matter where the amount in dispute is less than U.S. $25,000 shall be determined by a single arbitrator mutually agreeable to both parties, and lacking such an agreement, as may be selected by AAA procedures. Any matter where the amount in dispute is greater than U.S. $25,000 shall be determined by three (3) arbitrators with each party selecting one (1) arbitrator and the two (2) arbitrators so selecting the third arbitrator. Each arbitrator shall be a lawyer and have no less than five (5) years experience in payments or e-commerce. This Agreement shall be governed by and construed in accordance with the laws of the State of Illinois, USA, and the venue of any arbitration commenced under this section shall be in Cook County, Illinois.
(n) Whole Agreement. References to “this Agreement” include any Account Fees, schedules, supplementary agreements, addendum, appendixes and amendments and any other agreements, schedules appendixes and amendments promulgated by Ausecure and furnished to Member from time to time. This Agreement replaces any earlier versions hereof appearing on the Site or otherwise.
24. Glossary
The following terms shall have the meanings indicated below:
“Acceptance” has the meaning ascribed thereto in Section 6.d) of this Agreement;
“Account Termination with Cause” means termination of this Agreement by Ausecure whereupon Ausecure may, at its discretion: (i) prevent Transaction activity in the Account; (ii) terminate use of the Account by Member; (iii) return to Member Funds in possession or control of Ausecure less all applicable Fees or less such amounts as Member may be liable to pay to Ausecure; and (iv) return to Member any Product that is in Storage.
“Account” means an account made available to a Member through which Member can transmit instructions or receive information in relation to the Services;
“ACH Consent” has the meaning ascribed thereto in Section 6.e) of this Agreement;
“ACH” means an Automated Clearing House Payment, as per the ACH Consent;
“Affiliate” means, in relation to a Person, another Person that directly or indirectly owns or controls, is owned or controlled by, or is under common ownership or common control with the Person, or a Person’s principal partners, shareholders, or owners of some other ownership interest;
“Ausecure Vault” means a secure premises owned, operated, leased or used by Ausecure, or a supplier to Ausecure, for the storage of Product as per the terms hereof;
“Bullion Business” means the business of buying and selling Bullion;
“Closing” is the completion, in all respects, of a Sale, including transfer of title in Product and Payment, but excluding Delivery and Storage;
“Delivery” means the service of delivery of a Product from Ausecure to Member, from Ausecure to the Ausecure Vault, from Ausecure Vault to Member, from Member to Ausecure, or from Member to Ausecure Vault, as per the terms of the applicable Transaction Terms;
“Fees” means the Purchase Price payable on a Sale from as to a Member and any and all other fees payable by Member to Ausecure for use of the Services or in respect of Sales, all of which fees are posted on the Site through the Account, such as they may be from time to time;
“Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
“Limit Offer” has the meaning ascribed thereto in Section 6.c) of this Agreement;
“Member Collateral” has the meaning ascribed thereto in Section 14 of this Agreement
“Member Deposit Account” means the account of a Member maintained at a financial institution in the United States, made known to Ausecure through the Account, from which Member wishes to make payments to Ausecure hereunder or receive payments from Ausecure hereunder as per the terms of the ACH Consent;
“Offer” has the meaning ascribed thereto in Section 6.b) of this Agreement;
“Payment” means the payment of funds by Member to Ausecure or by Ausecure to Member in relation to a Transaction or otherwise;
“Person” is to be broadly interpreted and includes an individual, a corporation, a partnership, a trust, an unincorporated organization, the government of a country or any political subdivision thereof, or any agency or department of any such government, and the executors, administrators or other legal representatives of an individual in such capacity;
“Pre-Payment” has the meaning ascribed thereto in Section 6.e) of this Agreement;
“Product” or “Bullion” means tangible, physical precious metals, numismatic products and other products available for Sale or purchase through the Site as per notices to the Site through the Account, such as they may be from time to time;
“Prohibited Activity” means the operation of or the direct or indirect facilitation of any of the following: money transmission, sale of stolen property or property in which Member does not know the true origin, adult or adult-related services, including escort services, adult massage, or other adult-entertainment services; adult performers or adult webcam services; any act that is illegal in the United States or in the jurisdiction where the person carrying out the activity is resident, domiciled or located; bath salts and herbals; betting, including lottery tickets, casino gaming chips, off-track betting, memberships on gambling-related internet sites and wagers at races; bill payment services; buyers or discount clubs; cigarettes, tobacco or e-cigarettes; credit counseling or repair agencies; credit protection or identity theft protection services; digital goods including digital currency; direct marketing or subscription offers; inbound or outbound telemarketing businesses including lead generation businesses; infomercial sales; internet, mail or telephone order pharmacies or pharmacy referral services; items that encourage, promote, facilitate or instruct others to engage in illegal activity; items that may be counterfeit including, but not limited to: designer handbags, clothing and accessories, and consumer electronics; items that may infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction; items that promote hate, violence, racial intolerance, or the financial exploitation of a crime; items that promote, support or glorify acts of violence or harm towards self or others; legal fees including bankruptcy attorneys; live animals; medical equipment; multi-level marketing businesses (MLM); obscene or pornographic items; payment aggregators; prepaid phone cards or phone services; purchase, sale or promotion of drugs, alcohol, or drug paraphernalia, or items that may represent these uses; real estate or motor vehicles; rebate based businesses; sales of money-orders or foreign currency; up-sell merchants; using the Services as a means to transfer funds between bank accounts held in the same name; using the Services for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property, taxation and other proprietary rights and data collection and privacy; using the Services in a manner that Ausecure or any payment card network reasonably believes to be an abuse of the payment card system or a violation of payment card network rules; using the Services in any manner that could damage, disable, overburden, or impair Ausecure including without limitation, using the services in an automated manner; using the Services in violation of the terms of this Agreement, as reasonably determined by Ausecure; using the Services that in any way assists you or others in the violation of any law, statute or ordinance; using the Services to collect payments that support pyramid or ponzi schemes, matrix programs, other “business opportunity” schemes or certain multi-level marketing programs; using the services to control an account that is linked to another account that has engaged in any of the foregoing activities; using the Services to defame, harass, abuse, threaten or defraud others, or collect, or attempt to collect, personal information about users, registered recipients, or third parties without their consent; using the Services to intentionally interfere with another user’s enjoyment of it, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms or other malicious code; using the Services to make unsolicited offers, advertisements, proposals, or to send junk mail or spam to others; using the Services to provide yourself with a cash advance from your own credit card or to help others to do so; using the Services to send or receive what Ausecure considers to be funds for something that may have resulted from fraud or other illegal behavior; using the Services while impersonating any person or entity or falsely claiming an affiliation with any person or entity; or weapons including replicas and collectible items; weight loss programs; wire transfer money orders; use of the Services by a reseller or agent of the Merchant on behalf of the Merchant; use of the Services through any proxy, IP, e-mail address or other identifier other than that of the real Member;
“Purchase Price” means the purchase price for Product Accepted in respect of a given Sale;
“Sale” means the purchase and sale between Member and Ausecure for a specific Product or Products at a specific Price agreed upon between the parties hereto pursuant to the terms of this Agreement. A Sale is either a sale of Product from a Member to Ausecure and a sale of Product to from Ausecure to a Member, depending on the applicable Transaction Terms;
“Services” means the service of Ausecure in providing Sales, Storage and Delivery through the Site;
“Site” means www.ausecure.com;
“Storage” means the service of Ausecure itself, or through an agent, storing Product belonging to Member at the Ausecure Vault;
“Transaction Terms” means the specific commercial terms applicable to a given Transaction which shall include the terms of this Agreement by reference; and
“Transaction” means any Pre-Payment, Payment, Sale, Storage or Delivery.
25. Contacting Ausecure. If you have any questions concerning this Agreement, please contact Ausecure through the contact information set out in the Site’s Internet Site Terms and Conditions Of Use.
