Effective October 11, 2026. These Terms replace all earlier versions. A summary of what changed is available on request.

I. Internet Site Terms and Conditions of Use

AUSECURE, LLC, a Delaware limited liability company with its principal place of business in Chicago, Illinois, USA (“Ausecure”, “us”, “we” or “our”), provides this website, www.ausecure.com (the “Site”), subject to your compliance with these terms and conditions (this “Agreement”).

PLEASE READ THIS AGREEMENT BEFORE USING THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY IT. IF YOU DO NOT AGREE, DO NOT USE THE SITE. PART II OF THIS PAGE (THE AUSECURE SERVICES TERMS) GOVERNS PURCHASES, SALES, AUTO-BUY, STORAGE AND DELIVERY, AND INCLUDES A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER THAT ALSO APPLY TO THIS PART I.

1. Acceptance and Changes

We may revise this Agreement from time to time. When we do, we will post the revised version on the Site with a new effective date, and, where a change is material and you hold an Account, we will also notify you by email or by a notice in your Account. Changes take effect on the stated effective date and apply to your use of the Site after that date. They do not apply to a dispute that arose before that date. If you do not agree to a change, stop using the Site and, if you have an Account, close it as described in Part II.

2. Rules

While using 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 that is contrary to law or that restricts or inhibits any other user from using or enjoying the Site;

(b) post or transmit any information or software that contains a virus, trojan horse, worm or other harmful or disruptive component;

(c) upload, post, publish, transmit, reproduce or distribute in any way information, software or other material obtained through the Site that is protected by copyright or another intellectual property right, or derivative works of it, without the permission of the owner;

(d) access the Site, the Market Data or any Account by automated means (scrapers, bots, crawlers or scripts), probe or test the Site’s security, or attempt to interfere with its operation or with any other user’s session; or

(e) impersonate any person, misrepresent your identity or affiliation, or use the Site through a proxy, email address or identity other than your own.

3. Site Operation

Ausecure is under no obligation to continue to operate the Site for any particular term and may remove, suspend or change the Site or any part of it at its sole discretion.

4. Ausecure Services

Ausecure buys and sells physical precious metals and offers related services through the Site and by telephone (the “Services”). The Services are offered under the Ausecure Services Terms and Conditions set out in Part II of this page, which forms part of this Agreement.

5. Market Data

The Site presents financial and other data, such as live and historical prices of precious metals, ratios and net changes (collectively, the “Market Data”). Market Data is procured from third parties, is their proprietary information licensed to Ausecure for display on the Site, and may be delayed or contain inaccuracies or errors. You may not copy, redistribute, embed, cache, frame or otherwise provide access to the Market Data or any part of it. Market Data is provided “as is”, and no representation is made as to its accuracy, currency or completeness. Prices shown on the Site are indicative until confirmed in an Order as described in Part II, and Ausecure has no liability for your reliance on the Market Data in any transaction or otherwise.

6. Monitoring

Ausecure has no obligation to monitor the Site. You agree that Ausecure may monitor the Site electronically and may disclose information as necessary to comply with any law, regulation or governmental request, to operate the Site properly, or to protect itself or its users, in each case in accordance with the Privacy Policy. Ausecure will not intentionally monitor or disclose any private electronic message unless required by law. Ausecure reserves the right to refuse to post, or to remove, any information or materials that in its sole discretion are unacceptable, undesirable or in violation of this Agreement.

7. Submissions and Feedback

If you send us ideas, suggestions, reviews or other feedback about the Site or the Services, you grant Ausecure a perpetual, irrevocable, royalty-free licence to use them for any purpose without obligation to you, and you confirm that you have the right to do so. This section does not apply to personal information, which is governed by the Privacy Policy, or to information you provide in the course of a Transaction, which is governed by Part II.

8. Privacy

Personal information that you provide to Ausecure through the Site, by telephone, by email or in the course of a customer relationship with Ausecure or one of its processors or suppliers is handled in accordance with the Ausecure Privacy Policy, as it may be revised from time to time. The Privacy Policy is incorporated into this Agreement by reference.

9. Intellectual Property

All elements of the Site (the “Elements”), including without limitation the Market Data, texts, articles, photographs, illustrations, images, videos, audio, software and page designs, are the property of Ausecure or its licensors and are protected by copyright, trademark and other laws. No Element may be copied, reproduced, distributed, published, translated, downloaded, posted or transmitted in any way without the prior written approval of Ausecure or the rights holder, except that you may view and print Elements for your personal, non-commercial use provided you do not alter them and keep all proprietary notices intact.

The trademarks, service marks and logos displayed on the Site, whether or not registered, belong to Ausecure or to third parties. Nothing on the Site grants any licence or right to use any mark without the prior written approval of its owner.

10. Third-Party Links

The Site may contain links to third-party websites or resources, including payment and wallet providers, depositories, rating organizations and social networks. Ausecure does not control or endorse linked sites and has not reviewed or approved their content. You acknowledge and agree that Ausecure, its officers, directors, employees, affiliates and representatives are not responsible or liable, directly or indirectly, for the legality, accuracy or appropriateness of any content, advertising, products or other materials on or available from linked sites, or for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on them.

11. Disclaimer and Limitation of Liability

THE SITE AND ALL INFORMATION ON IT, INCLUDING WITHOUT LIMITATION THE MARKET DATA, IMAGES, VIDEOS, ARTICLES AND OTHER DOCUMENTATION, ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED. AUSECURE, ITS AFFILIATES, LICENSORS AND SUPPLIERS TAKE NO RESPONSIBILITY FOR THE ACCURACY OR VALIDITY OF ANY STATEMENT ON THE SITE AND MAKE NO REPRESENTATION ABOUT THE SUITABILITY OF ANY INFORMATION ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL AUSECURE BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE SITE OR ANY INFORMATION ON IT, AND AUSECURE’S TOTAL LIABILITY ARISING OUT OF YOUR USE OF THE SITE (AS DISTINCT FROM A TRANSACTION, WHICH IS GOVERNED BY PART II) SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS (US$100). NOTHING IN THIS AGREEMENT EXCLUDES OR LIMITS LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

12. Indemnity

You agree to defend, indemnify and hold Ausecure and its affiliates harmless from any and all liabilities, costs and expenses, including reasonable attorneys’ fees, arising from any violation of this Agreement by you or by users of your Account, or from the placement or transmission of any message, information, software or other material on the Site by you or by users of your Account.

13. Territory and Eligibility

The Site originates and is published in the State of Illinois, USA, and is intended for persons who are at least 18 years old and located in the United States. We make no representation that the Site or the Services are appropriate or available in other locations, and access from places where their content is unlawful is prohibited. Certain Services, such as offshore storage arranged through a Depository, may be performed outside the United States as described in Part II.

14. Governing Law and Disputes

This Agreement is governed by the laws of the State of Illinois, USA, without regard to its conflict-of-laws rules. Any dispute arising out of or relating to this Agreement or your use of the Site shall be resolved exclusively under Section 24 of Part II (Governing Law, Arbitration and Class Waiver), which applies to this Part I as if set out in full here.

15. Miscellaneous

This Agreement, including Part II, the Privacy Policy and any other documents referenced in it, constitutes the entire agreement between Ausecure and you regarding the Site. Ausecure’s failure to insist upon or enforce strict performance of any provision shall not be construed as a waiver of any provision or right. Nothing in this Agreement creates a partnership, joint venture, agency or employment relationship between the parties. If any provision of this Agreement is held void, invalid or unenforceable by a court or arbitrator of competent jurisdiction, that determination shall not affect the remaining provisions.

16. Contacting Ausecure

Questions about this Agreement may be sent to [email protected] or by calling 1-855-528-4653. Formal notices are governed by Section 25(a) of Part II.

II. Ausecure Services Terms and Conditions

Thank you for choosing Ausecure. The Site is owned and operated by AUSECURE, LLC, a Delaware limited liability company with its principal place of business in Chicago, Illinois, USA, operating under the name “Ausecure”. Use of the Services, whether through the Site or by telephone, is subject to your acceptance of these Ausecure Services Terms and Conditions (together with Part I, the “Agreement”). You are referred to in this Agreement as a “Member”, “you” or “your”. You are required to read this Agreement before using the Services. Capitalized terms are defined in the Glossary at the end of this Agreement.

1. Disclosure of Risks

AUSECURE IS IN THE BUSINESS OF SELLING AND BUYING PHYSICAL BULLION AND OTHER PRECIOUS METAL PRODUCTS. THE BULLION BUSINESS IS INHERENTLY RISKY.

AUSECURE IS A PRIVATELY HELD COMPANY. AUSECURE IS NOT A BANK, MONEY SERVICES BUSINESS, INVESTMENT ADVISER, BROKER-DEALER OR FINANCIAL INSTITUTION, IS NOT INSURED BY THE FDIC, AND IS NOT SUBJECT TO REGULATION BY THE SECURITIES AND EXCHANGE COMMISSION (“SEC”), THE U.S. COMMODITY FUTURES TRADING COMMISSION (“CFTC”) OR THE NATIONAL FUTURES ASSOCIATION (“NFA”). FACTORS THAT AFFECT THE PRICE OF BULLION INCLUDE, WITHOUT LIMITATION, CURRENCY FLUCTUATIONS, INTEREST RATES, POLITICAL INSTABILITY, INDUSTRIAL DEMAND AND SUPPLY AND DEMAND. IT IS IMPOSSIBLE TO PREDICT HOW PRICES FOR BULLION WILL VARY.

THE MARKET PRICE OF BULLION CHANGES CONSTANTLY AND CAN INCREASE OR DECREASE IN VALUE DRAMATICALLY WITHIN HOURS OR EVEN MINUTES. CONSEQUENTLY, YOUR DECISION TO PURCHASE BULLION AT A GIVEN PRICE MAY RESULT IN YOUR LOSING MONEY IF THE VALUE OF THE PRODUCT DECREASES AFTER THE SALE. THE PRICE AT WHICH AUSECURE WILL BUY A PRODUCT BACK IS ALWAYS LOWER THAN THE PRICE AT WHICH IT SELLS THE SAME PRODUCT AT THE SAME MOMENT.

IF YOU DECIDE TO BUY BULLION, YOU SHOULD DO SO WITH DISCRETIONARY FUNDS AND NOT WITH MONEY NEEDED FOR HOUSING, FOOD, TRANSPORT OR OTHER NECESSITIES. YOU SHOULD NOT BUY BULLION IF YOU HAVE ONLY LIMITED MEANS OR LIMITED EXPERIENCE. AUSECURE DOES NOT PROVIDE INVESTMENT, TAX OR LEGAL ADVICE. ADVICE FROM A DULY LICENSED PROFESSIONAL IS RECOMMENDED BEFORE YOU DECIDE TO BUY.

2. Eligibility and Prohibited Persons

Ausecure offers the Services to Members who (i) agree to this Agreement, (ii) are not in breach of this Agreement or any other agreement with Ausecure or its affiliates, and (iii) do not use the Services for any Prohibited Activity. The following persons may not use the Services: (a) persons under 18 years of age; (b) persons who appear on, or are owned or controlled by persons who appear on, the U.S. Department of the Treasury Office of Foreign Assets Control (OFAC) Specially Designated Nationals List or any other U.S. government sanctions or restricted-party list; (c) persons who wish to use the Services for a Prohibited Activity or for the benefit of another person; (d) persons who, as determined by Ausecure, have exposed or may expose Ausecure, its affiliates, processors or banks to excessive financial, legal or reputational risk, including persons whose Account was previously closed for non-payment, fraud or breach; and (e) persons who are not residents of the United States, unless Ausecure has agreed in writing to serve them. Ausecure may decline to open an Account, decline any Order, or close an Account, at its sole discretion and without stating a reason, subject to settling any Transaction that has already Closed.

3. Your Account

To use the Services you must open an Account with accurate and complete information and keep it current. You may hold only one Account unless we agree otherwise. You are responsible for keeping your password and any access codes confidential and for everything done through your Account; tell us immediately at 1-855-528-4653 if you believe your Account has been used without your authority. You may not share, sell or transfer your Account or let any other person use it. If you choose to open or sign in to your Account using Uphold, you authorize Uphold to share your name, email address and account identifiers with us as described in the Privacy Policy; we never receive your Uphold password. Orders placed through your Account, by telephone or by email are binding on you as described in Section 5. Except as required to deliver the Services or by law, Ausecure will not grant third parties access to your Account.

4. Verification, Screening and Compliance

Ausecure maintains an anti-money-laundering compliance program appropriate for a dealer in precious metals. To open an Account, place or receive an Order, sell Product to us or receive a payment from us, you may be asked to provide, and you agree to provide promptly, information and documents we reasonably request, which may include a copy of government-issued photo identification, proof of address, information about the source of your funds, and tax forms. We screen customer names and addresses against U.S. government sanctions and restricted-party lists, and we use third-party identity-verification and fraud-prevention services. We may delay, decline or cancel any Transaction, and may hold funds or Product, while verification is pending or where a Transaction appears to involve fraud, sanctions, money laundering or any other Prohibited Activity, and we may report suspicious activity to the authorities without notice to you. We do not accept payment in currency (cash). Where the law requires, we file reports such as IRS Form 8300 for reportable cash-equivalent payments and IRS Form 1099-B for certain purchases we make from you, and we will request the information needed to do so. We may set limits on the size, frequency or payment method of Orders, may require large Orders to be paid by wire transfer, and may review large or unusual Orders case by case before accepting them.

5. Prices and Orders

(a) Live prices

Our buy and sell prices move with the market and are updated continuously. Prices displayed on the Site, in an email or quoted by telephone are indicative until an Order is placed. The price shown or quoted at the moment you place an Order (the “Order Price”) is the price that applies to that Order.

(b) Placing an Order

You place an Order when you click the order button at checkout, confirm an Order with our trading desk by telephone or email, or enroll in Auto-Buy under Section 8. By placing an Order you make a binding commitment to buy (or, under Section 9, to sell) the Products at the Order Price and on the terms of this Agreement, and you authorize the payment method you selected. We will send you an order confirmation by email.

(c) Our acceptance; our right to decline or cancel

Every Order is subject to acceptance by Ausecure. Our prices come from live market feeds and can occasionally be wrong because of a feed, data or system error. We may decline or cancel an Order, in whole or in part, at any time before it ships if (i) the Order Price was manifestly incorrect, (ii) the Product is unavailable, (iii) we are unable to verify your identity, payment method, address or source of funds, (iv) we suspect fraud, misuse, a breach of this Agreement or a Prohibited Activity, (v) the Transaction would violate sanctions or other law or our compliance program, or (vi) your payment fails our review. If we cancel an Order for any of these reasons, we will refund any payment you have made for that Order, and that refund is your sole remedy.

(d) Product descriptions

We describe Products and their weights, purities and mints as stated by the issuing mint or refiner. Images are representative. For Products described as “random year”, “assorted”, “our choice” or similar, the dates, mint marks, designs and packaging you receive may vary. Grades assigned by third-party grading services are those services’ opinions. We make no representation that any Product will appreciate in value or is suitable for any particular purpose, including an IRA (see Section 12).

(e) Taxes

Prices do not include taxes. Sales or use tax is added at checkout where we are required to collect it, based on the shipping address. Where we do not collect tax, you are responsible for any use tax due. You are responsible for any tax on gains when you sell Product.

(f) Telephone and email Orders; special arrangements

Orders, quotes and arrangements made with our trading desk by telephone or email, including limit orders, pre-payments, large or unusual Orders and offshore storage, are offered case by case and are binding on the terms we confirm to you in writing (including by email) together with this Agreement. Calls may be recorded for verification.

6. Payment

(a) Payment deadline

Payment in full for an Order must be received by us, or a check postmarked, within one (1) Business Day after you place the Order, and wire transfers must be received within 24 hours, unless we have agreed to a different deadline in writing. We allocate and ship Product only after your funds have cleared. Orders not paid on time are subject to the Market Loss Policy in Section 7.

(b) Methods

We currently accept bank wire, personal and business checks, major credit cards, Apple Pay, Google Pay and cryptocurrency through Uphold, as indicated at checkout. We may change the available methods, and may decline a method for a particular Order or Member, at any time. The method you select applies to that Order and determines whether the listed price or the card price applies (see (d)), as well as the shipping fee and payment deadline.

(c) Wire transfers

Wire instructions are sent after you place your Order and appear in your Account. Send wires only to the account shown in your Account or confirmed with our desk by telephone; we will never change our wire instructions by email. Wire payments are at the listed price and qualify eligible domestic Orders for free shipping as stated on the Site.

(d) Credit and debit cards, Apple Pay and Google Pay

Card and wallet payments are accepted for qualified Orders and are subject to review, verification and limits we set. We show two prices for every Product. The listed price applies when you pay by wire, check or crypto via Uphold; the card price applies to credit or debit card, Apple Pay and Google Pay. Both appear on product pages, and your checkout total is calculated at the price for the method you choose. The listed price is a discount from the card price offered to every customer. Shipping fees are the same under either price. Card Orders may be held for up to 7–15 business days for clearing and verification, larger card Orders may require additional documentation, and we recommend paying by wire for Orders over US$2,000. You agree not to dispute or charge back a card payment for a Transaction that was placed through your Account or by you, and you authorize us to re-charge any amount reversed, together with the fees and costs we incur.

(e) Returned payments

If a check you send us is dishonored, or any payment to us is returned or reversed, you are responsible for the returned-item fees we incur plus a US$100 returned-payment fee. If the Order is then cancelled under Section 7, the Market Loss Policy applies and its cancellation fee replaces this fee, so only one fee is charged. If you give us incorrect account details and funds are misdirected, we will try to help you recover them but have no liability for them.

(f) Checks

Checks are accepted at our discretion, must be payable to Ausecure, LLC, must be postmarked within one (1) Business Day of your Order and mailed to the lockbox address shown at checkout, and are subject to clearing before we ship. Cashier’s checks and money orders are treated as cash equivalents for federal reporting purposes.

(g) Uphold and cryptocurrency

You may pay with cryptocurrency or other balances held at Uphold by connecting your Uphold account at checkout. Your Uphold account, any conversion to U.S. dollars, and any conversion or network fee are governed by Uphold’s own terms and set by Uphold; Uphold payments are at the listed price. Your Order total is denominated in U.S. dollars, and the Transaction is complete when Uphold confirms the transfer to us. Any refund we owe on an Uphold payment will be returned to the Uphold account you paid from, in U.S. dollar value as of the refund date. Ausecure is not responsible for Uphold’s availability, declines, fees or exchange rates.

(h) Pre-payments

By arrangement with our trading desk, you may pay funds in advance to be applied to future Orders (a “Pre-Payment”). Pre-Payments are a prepayment for Product and are not a deposit, bank account or trust; they belong to Ausecure subject to our obligation to credit them to your Orders. You may request the return of an unused Pre-Payment at any time and we will return it within ten (10) Business Days; unused Pre-Payments are returned automatically after one (1) year. In an insolvency of Ausecure, Members holding Pre-Payments would be unsecured creditors.

7. Market Loss Policy; All Sales Final

Precious metals prices change continuously. When you place an Order, we lock in your Order Price and typically hedge or source the Product at that moment. For that reason, all sales are final: Orders cannot be returned, cancelled for a refund, reversed or charged back, except as provided in Section 5(c) (our cancellation) and Section 10(f) (damaged or missing deliveries).

If you fail to pay for an Order by the deadline in Section 6(a), ask us to cancel an Order and we agree, or otherwise fail to complete a Transaction, we may cancel the Order and you agree to pay us (i) any Market Loss and (ii) a cancellation fee that covers our administrative and processing costs, equal to 5% of the Order total before shipping and tax, with a minimum of US$35 and a maximum of US$100. Only one cancellation fee applies per Order. “Market Loss” means the loss we incur as a result of your cancellation or non-payment, measured as the cost to us of unwinding the hedge or offsetting position we entered when your Order was locked in, or, if we did not hedge, the amount by which our selling price for the same Products at the time of cancellation is less than your Order Price, plus any shipping or restocking costs actually incurred. If prices have risen, no credit is owed to you. We will show you how the Market Loss was calculated on request. We may collect these amounts from any payment method on file, from any Pre-Payment, or by set-off against amounts we owe you, and we may pursue any unpaid balance together with collection costs under Section 25(j). The same policy applies, with the roles reversed, when you fail to deliver Product you have agreed to sell to us (Section 9).

Fees paid for Storage or shipping are not refundable except where we cancel an Order under Section 5(c).

8. Auto-Buy Recurring Purchases

Auto-Buy lets you instruct us to place a recurring Order for a selected Product at a frequency and amount (a quantity or a dollar budget) that you choose. By enrolling, you authorize Ausecure to place each Order on its scheduled date at our live price for that Product on that date, and either to charge your saved card for the Order total at the card price, or to email you a secure payment link, depending on the payment method you selected. There is no locked or guaranteed price; the amount of each Order moves with the market, and dollar-budget plans buy as many whole units as the budget covers on the day. We will email you approximately two days before each scheduled Order with its details.

You may skip, pause, change or cancel your plan at any time in My Account or by calling 1-855-528-4653 or emailing [email protected]; changes take effect for Orders not yet placed. If a card charge is declined we will retry once and then email you a payment link. An Auto-Buy Order that is not paid by the deadline stated in the payment email is cancelled automatically; the Market Loss Policy in Section 7 does not apply to that cancelled Auto-Buy Order, nothing further is owed on it, and your plan continues on its next scheduled date. Each Auto-Buy Order that is paid is a completed Sale subject to this Agreement, including Sections 5, 6 and 10. We may suspend or end the Auto-Buy program, or your plan, on notice to you, and your plan ends automatically if your Account is closed.

9. Selling Metal to Ausecure

Ausecure runs two-way markets and will buy Products from Members. To sell to us, contact our trading desk by telephone or email to obtain a quote. When we confirm a purchase price and issue you an Order ID, you have placed a binding Order to sell the described Products to us at that price. You must ship the Products to the facility we designate, double-boxed, with the signed commercial invoice enclosed, using the insured label or instructions we provide, within five (5) Business Days of the Order; Products are at your risk until we receive them, and we are not responsible for shipments sent without an Order ID or to any other address. We have ten (10) days after receipt to inspect, count, test and, where we consider it necessary, assay the Products, at your expense where assay is required. If the Products do not match your description, are damaged, counterfeit, altered or otherwise not as represented, you will be in material default, we may rescind our purchase in whole or in part and return the Products to you at your expense, and you will owe us any Market Loss plus a fee of US$100 per Product returned. We pay for Products we accept by wire or check to the account or address on file, typically within one to two (1–2) Business Days after verification and in any event within twenty-eight (28) days of receipt. You represent that you own the Products free of any lien or claim, that they are genuine, and that you have the right to sell them. We will report purchases to the IRS on Form 1099-B where the law requires and may request your taxpayer identification number for that purpose.

10. Shipping, Delivery and Risk of Loss

(a) Where we ship

We currently ship within the United States only, including APO/FPO/DPO addresses, or to a Depository we have approved, which may be located outside the United States. We do not ship to freight forwarders, mail drops we have not verified, or any address other than the verified address on your Account or a Depository. We may update where we ship from time to time.

(b) Timing

Orders usually ship within three to five (3–5) Business Days after your payment has cleared, and most arrive within five to seven (5–7) business days of shipping. These are estimates, not guarantees; delays may occur, including during periods of high demand or supplier delays. Tracking details are emailed to you and shown in your Account.

(c) Insurance and signature

Every shipment we send is insured by us while in transit, is tracked, and is packed in plain packaging. A signature may be required on delivery. Shipments cannot be redirected, held or rescheduled after dispatch except through us.

(d) Shipping fees

Shipping is free on qualified domestic Orders paid by wire transfer; otherwise the shipping fee shown at checkout (currently US$24.95 per Order) applies. Shipping fees may change prospectively.

(e) Risk of loss

Title to Product you buy passes to you when your payment has cleared and the Product is allocated to your Order. Risk of loss passes to you when the carrier records delivery at the address on your Order, including delivery to a Depository, or when a shipment is refused or returned because of an error in the address you provided. Risk of loss for Product you sell to us remains with you until we receive it.

(f) Damaged, short or missing deliveries

If a package arrives damaged or opened, is short of items, or is marked delivered but was not received, you must notify us within forty-eight (48) hours of the recorded delivery at 1-855-528-4653 or [email protected], keep all packaging and contents, and cooperate with our carrier and insurance claim, which may include providing a signed statement or police report. Once the claim is accepted we will, at our option, replace the missing or damaged items or refund their Order Price. Failure to notify us within this period or to cooperate with the claim may result in the claim being denied.

11. Storage

Ausecure can arrange for Product you buy from us, or Product you already own, to be delivered to Kingsbaker Metal Depository or another Depository we approve, in the United States or offshore, for allocated storage. Storage is provided by the Depository under its own storage agreement, fee schedule and insurance, which you enter into with the Depository; the Depository is the counterparty for storage, and Ausecure is not the bailee, custodian or insurer of Product in storage and is not responsible for the Depository’s acts or omissions. Delivery to the Depository is Delivery to you under Section 10. Ausecure may receive a referral fee or other compensation from a Depository. Storage arrangements, including fees, access, withdrawals and offshore options, are confirmed case by case in writing with our trading desk before Product is shipped.

12. IRA Purchases

Some Products meet the fineness requirements for a self-directed individual retirement account under Internal Revenue Code §408(m)(3). Ausecure is a dealer, not an IRA custodian or trustee, and provides no tax advice. Whether a Product may be held in your IRA, and the process for buying it through your IRA, is determined by your IRA custodian; metals bought for an IRA must be shipped to and held by the custodian’s depository. The “IRA-eligible” label on the Site is general information based on fineness rules and product type and is not a guarantee of acceptance by any custodian.

13. Market Commentary and Pete’s Picks

Articles, reports, FAQs, videos, product selections such as Pete’s Picks, suggested allocations and other commentary on the Site or in our emails are general information and the personal views of their authors. They are not personalized investment, tax or legal advice, a recommendation that any Product is suitable for you, or an offer or solicitation to buy or sell any security, futures contract or commodity interest. Past performance is no guarantee of future results, and metals prices can fall as well as rise. You are solely responsible for your purchase decisions.

14. Records

Your Account shows your Orders, payments and shipments. We keep Transaction, identity and payment records for as long as the law requires, generally at least five (5) years, and as needed for our legitimate business purposes. You should download or print your own records from time to time. In the event of a discrepancy between your records and ours, our records will control absent manifest error.

15. Security Interest and Set-off

As security for all of your obligations under this Agreement, you grant Ausecure a security interest in your Payments, Pre-Payments, Product you have bought that is still in our possession, and amounts we owe you (the “Member Collateral”), and you authorize us to file a UCC-1 financing statement to perfect that interest. We may set off any amount you owe us under this Agreement against any amount we owe you, including the proceeds of a Sale to us, without prior notice.

16. Intellectual Property in the Services

You are granted a non-exclusive, non-transferable, limited right to use the Services for the term of this Agreement. Ausecure reserves all rights not expressly granted. The Services are protected by copyright, trade secret and other intellectual property rights, which belong to Ausecure and its licensors. This Agreement grants you no rights in any name, trademark or service mark of Ausecure.

17. Fees

The Fees for the Services, including card pricing, shipping fees and any other charges, are shown on the Site or at checkout at the time you place an Order, or are confirmed to you in writing by our trading desk. We may change Fees prospectively by posting the new Fees on the Site; the Fees that apply to an Order are those shown when you placed it. You authorize us to charge Fees you owe to the payment method you used for the related Order or, where permitted, to deduct them from amounts we owe you.

18. Your Representations

Ausecure’s performance under this Agreement, whether or not your representations are true, does not waive its right to rely on them. You represent, warrant and covenant to Ausecure that:

(a) Acknowledgement of risk. YOU UNDERSTAND THAT THE BULLION BUSINESS INVOLVES A HIGH LEVEL OF RISK AND IS NOT SUITABLE FOR EVERYONE; THAT PAYMENT IS DUE WHEN YOU PLACE AN ORDER AND AUSECURE DOES NOT EXTEND CREDIT; AND THAT AUSECURE IS NOT INSURED BY THE FDIC OR REGULATED BY THE SEC, CFTC OR NFA.

(b) Capacity. If you are an individual, you are at least 18 years old, of sound mind and able to assume the obligations of this Agreement. If you are a business or other entity, you are duly organized under the laws of your jurisdiction and have the capacity to enter into and perform this Agreement, and the person accepting it has authority to bind you.

(c) Accurate information. All information you provide to us, including your identity, address, payment details and, when selling, the description of your Products, is true, accurate and complete, and you will update it promptly if it changes.

(d) Notice of defects. You will promptly notify us in writing of any defect in Product or any claim or threatened claim relating to Product bought or sold under this Agreement, and you are solely responsible for monitoring your Account.

(e) Compliance with laws. You will use the Services only for lawful purposes and in compliance with all applicable laws, including sanctions, anti-money-laundering, tax and consumer laws, and you will not use the Services to facilitate any Prohibited Activity.

(f) Opportunity to consult advisers. Ausecure does not provide financial, tax or legal advice, and you have had the opportunity to consult a financial adviser and legal counsel about this Agreement and your purchases.

(g) Market variation. You understand that bullion prices vary and that Ausecure makes no prediction or representation about future prices.

(h) Taxes. You are responsible for any taxes that arise from your purchases, sales or storage of Product, other than taxes we are required to collect from you, and you will indemnify us against any liability we incur in respect of taxes that are your responsibility.

(i) Product you sell. You own any Product you sell to us free of liens and claims, it is genuine and lawfully obtained, you will make no false statement about it, and you assume all responsibility for it until we accept it.

(j) Own benefit. You are acting for your own account and not on behalf of, or for the benefit of, any other person, except as disclosed to and accepted by us in writing.

19. Verification Services and Consumer Reports

To verify your identity, prevent fraud and comply with our legal obligations, Ausecure may use third-party identity-verification, address-verification, fraud-prevention and sanctions-screening services, and may obtain updated contact information about you from third parties. Ausecure does not currently obtain consumer credit reports about its customers. Ausecure reserves the right to request a consumer report or other information from a consumer reporting agency solely to verify your identity or to evaluate a large or unusual Transaction; where the law requires your separate authorization for that request, we will ask for it at that time, and we will use the information only for that purpose. Information we obtain is handled in accordance with the Privacy Policy, which is incorporated into this Agreement by reference.

20. Indemnification

You shall defend, indemnify and hold harmless Ausecure, its members, managers, directors, officers, employees, agents, licensors, successors and assigns from and against any and all third-party liability, damages, losses, claims, demands, actions, causes of action and costs (including reasonable attorneys’ fees and expenses) arising out of or resulting from (i) your breach of this Agreement, including any misrepresentation; (ii) the negligent or wilful acts or omissions of you or your agents or employees; (iii) any Product you sell to us; or (iv) any statement, claim, representation or warranty made by you or your agents relating to the Products or any other matter.

21. Term and Termination

(a) Term. This Agreement takes effect when you first accept it, by opening an Account, placing an Order or using the Services, and continues until terminated under this Section.

(b) Termination. You may close your Account at any time by contacting us, provided all your Transactions have been settled. Ausecure may close your Account or terminate this Agreement at any time on notice to you, and may do so immediately and without notice where you breach this Agreement, are a Prohibited Person, or expose Ausecure to risk as described in Section 2 (an “Account Termination with Cause”).

(c) Effect. On termination you may no longer use the Account or the Services. Transactions that have been placed but not Closed will be settled in accordance with this Agreement unless the termination was for your breach, in which case we may cancel pending Transactions and apply the Market Loss Policy. We will return any Pre-Payment or other funds we hold for you, less amounts you owe us, and we may retain Member Collateral pending final settlement of any actual or potential liability. Sections 1, 7, 9 (as to Products already received), 10(e)–(f), 12–15, 18–20, 22–25 and the Glossary survive termination.

(d) Discontinuance. Ausecure may discontinue the Services, or any part of them, at any time.

22. Confidentiality

Ausecure will use commercially reasonable efforts to maintain the confidentiality of information you provide through your Account, and will use and disclose it only as described in the Privacy Policy, including to supply the Services, verify your suitability for the Services, comply with law and offer you additional products and services, which you may decline.

23. Warranties, Liability and Force Majeure

(a) No warranties. THE SERVICES ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AUSECURE DISCLAIMS ALL IMPLIED WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND ANY WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. PRODUCTS ARE WARRANTED ONLY TO BE GENUINE AND AS DESCRIBED UNDER SECTION 5(d).

(b) Limitation of liability. TO THE EXTENT PERMITTED BY APPLICABLE LAW, AUSECURE, ITS MEMBERS, MANAGERS, AGENTS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR FOR LOST PROFITS OR LOST OPPORTUNITY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT AS REQUIRED BY LAW, AUSECURE’S TOTAL LIABILITY (WHETHER IN CONTRACT, TORT OR OTHERWISE) TO YOU OR ANY THIRD PARTY IN CONNECTION WITH THIS AGREEMENT SHALL NOT EXCEED THE FEES ACTUALLY PAID TO AUSECURE BY YOU DURING THE THREE (3) MONTHS BEFORE THE EVENT GIVING RISE TO THE LIABILITY. NOTHING IN THIS AGREEMENT EXCLUDES OR LIMITS LIABILITY FOR FRAUD, OR ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

(c) Force majeure. Ausecure will use commercially reasonable efforts to perform its obligations, but shall not be liable for any loss resulting from your own acts, from erroneous statements or errors in transmission, or from any delay, interruption or failure to perform caused by circumstances beyond its reasonable control, including acts of God, fire, explosion, earthquake, severe weather, riot, terrorism, war, sabotage, accident, embargo, strikes, lockouts, government action, mint or refiner shortages, carrier failures, and any interruption, failure or defect in internet, telephone, data-feed or other services or in electronic or mechanical equipment. Ausecure’s obligations are suspended for the duration of such circumstances, and the suspension is not a ground for you to terminate this Agreement.

24. Governing Law, Arbitration and Class Waiver

PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU AND AUSECURE TO RESOLVE DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION RATHER THAN IN COURT, AND IT WAIVES THE RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION.

(a) Governing law. This Agreement and any dispute arising out of or relating to it, the Site, the Services or any Transaction (a “Dispute”) are governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of Illinois, USA, without regard to conflict-of-laws rules.

(b) Informal resolution first. Before starting arbitration or any court proceeding, the party raising a Dispute must send the other a written notice describing the Dispute and the relief sought (to Ausecure, by email to [email protected] with “Notice of Dispute” in the subject line; to you, by email to the address on your Account). The parties will try in good faith to resolve the Dispute within thirty (30) days after the notice is received. Most concerns can be resolved by calling our desk at 1-855-528-4653.

(c) Binding arbitration. If the Dispute is not resolved within that period, it shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (or, for a business Member, its Commercial Arbitration Rules) in effect when the arbitration is started, as modified by this Section. The AAA rules are available at adr.org. The arbitrator shall be a single neutral arbitrator who is a lawyer or retired judge. The arbitration shall be conducted in Cook County, Illinois, or, for a consumer Member, in the county where you live or by video or telephone at your election, and may be decided on written submissions for claims under US$25,000. The arbitrator may award the same individual relief that a court could award, must follow this Agreement and applicable law, and shall issue a reasoned written decision. Judgment on the award may be entered in any court of competent jurisdiction. Filing, administrative and arbitrator fees are allocated as provided in the AAA Consumer Arbitration Rules; if you are a consumer and the arbitrator finds your claim was not frivolous, Ausecure will pay all AAA fees above the consumer filing fee. The arbitrator, and not any court, has exclusive authority to resolve any Dispute about the interpretation, applicability, enforceability or formation of this arbitration agreement, except that a court shall decide any Dispute about the class waiver in paragraph (e).

(d) Exceptions. Either party may bring an individual claim in small-claims court if it qualifies there, and either party may seek a temporary restraining order or preliminary injunction from a court in Cook County, Illinois, to prevent misuse of the Site, the Market Data or Ausecure’s intellectual property, or to collect amounts owed under the Market Loss Policy, pending arbitration.

(e) Class action and jury waiver. YOU AND AUSECURE EACH AGREE THAT DISPUTES WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED OR REPRESENTATIVE PROCEEDING, AND THAT THE ARBITRATOR MAY NOT CONSOLIDATE CLAIMS OF MORE THAN ONE PERSON. TO THE EXTENT ANY DISPUTE PROCEEDS IN COURT, YOU AND AUSECURE EACH WAIVE THE RIGHT TO A JURY TRIAL. If the class waiver in this paragraph is found unenforceable as to a particular claim for relief, that claim (and only that claim) shall be severed from arbitration and heard in a court in Cook County, Illinois, after the arbitration of all other claims has concluded.

(f) Your right to opt out. You may opt out of this arbitration agreement by emailing [email protected] with the subject line “Arbitration Opt-Out”, your name and the email address on your Account, within thirty (30) days after you first accept this Agreement (or, for existing Members, within thirty (30) days after the effective date above). Opting out does not affect any other part of this Agreement, and Disputes will then be resolved in the state or federal courts located in Cook County, Illinois, to whose exclusive jurisdiction you consent.

(g) Time limit. To the extent permitted by law, any claim arising out of or relating to this Agreement or a Transaction must be brought within one (1) year after the claim arose, or it is permanently barred.

(h) Changes to this Section. If we change this Section after you accept this Agreement, the change will not apply to a Dispute of which either party notified the other before the change took effect, and you may reject the change by opting out under paragraph (f) within thirty (30) days after it takes effect.

25. General

(a) Notices. Notices from Ausecure to you may be sent to the email address on your Account or posted in your Account, and are effective when sent or posted. Notices from you to Ausecure must be sent by email to [email protected] and are effective when we acknowledge receipt, which we will do promptly. If you wish to send a notice by courier or mail, email us and we will provide the mailing address.

(b) Independent parties. Nothing in this Agreement or the parties’ dealings creates a partnership, joint venture, agency or employment relationship. You may not bind Ausecure to any contract, incur any obligation on its behalf, or hold yourself out as its agent.

(c) Electronic contracting. Under the Electronic Signatures in Global and National Commerce Act (E-SIGN) and applicable state law, this Agreement and all electronically executed documents related to it are legally binding in the same manner as hard-copy documents signed by hand when (1) your electronic acceptance is associated with the Agreement, (2) you consent and intend to be bound by it, and (3) the Agreement is delivered in an electronic record that you can retain, as it is on this page. By clicking “Sign Up”, “Place order”, “Start my Auto-Buy”, “I agree” or a similar button, or by confirming an Order by telephone or email, you agree that this Agreement and related documents are effective by electronic means, that you are bound by them, and that you can print or store them. You consent to receive order confirmations, invoices, payment instructions, notices and other communications from us electronically.

(d) No waiver. No waiver of any provision of this Agreement is effective unless in writing, and no waiver constitutes a continuing waiver or a waiver of any other provision.

(e) Amendments. Ausecure may amend this Agreement, including the Fees, by posting the amended version on the Site with a new effective date and, for material changes, notifying Members by email or in their Account. An amendment required for Ausecure or the Services to comply with law or payment-network rules takes effect when posted. Any other amendment takes effect thirty (30) days after notice, and your continued use of the Services after that date constitutes acceptance; if you do not agree, you may close your Account before the amendment takes effect. Amendments do not apply to Orders placed before they take effect. This Agreement may not otherwise be amended except in a writing signed or electronically accepted by both parties.

(f) Assignment. You may not assign this Agreement or any rights under it without Ausecure’s prior written consent. Ausecure may assign this Agreement, or any of its rights or obligations, to an affiliate or a successor to its business without your consent, and will notify you of any such assignment.

(g) Successors. This Agreement binds and benefits the parties and their respective successors and permitted assigns.

(h) Unclaimed funds. If we are unable to contact you to complete a Transaction or return funds that belong to you, you retain title to those funds, but after the period required by the applicable unclaimed-property law we may remit them to the relevant state authority, after which you must claim them from that authority.

(i) Further assurances. You will promptly sign and deliver any further documents and take any further action that Ausecure reasonably requests to give effect to this Agreement.

(j) Enforcement costs. You will reimburse Ausecure for its reasonable attorneys’ fees, collection costs and other expenses incurred in enforcing this Agreement or collecting any amount you owe under it, to the extent permitted by law.

(k) Remedies. The parties’ remedies are cumulative. Exercising one remedy does not preclude exercising any other, and no delay in exercising a right or remedy operates as a waiver of it.

(l) Severability. If any provision of this Agreement is held invalid or unenforceable, the remaining provisions remain in full force and the invalid provision shall be enforced to the maximum extent permitted, except as provided in Section 24(e).

(m) Entire agreement. This Agreement (Parts I and II), the Privacy Policy, the written confirmations of any Transaction and the Fees shown on the Site constitute the entire agreement between you and Ausecure regarding its subject matter and replace all earlier versions of these terms.

(n) Language and headings. Headings are for convenience only. The English-language version of this Agreement controls.

26. Glossary

The following terms have the meanings set out below:

“Account” means the online account through which a Member places Orders, receives information and uses the Services.

“Account Termination with Cause” has the meaning given in Section 21(b).

“Affiliate” means, in relation to a person, another person that directly or indirectly controls, is controlled by or is under common control with that person.

“Auto-Buy” means the recurring purchase program described in Section 8.

“Business Day” means a day other than a Saturday, Sunday or U.S. federal holiday.

“Closing” or “Closed” means the completion of a Sale, being the passing of title to the Product and payment in full, but excluding Delivery and Storage.

“Delivery” means shipment of Product from Ausecure to a Member or to a Depository, or from a Member to Ausecure, under Section 10.

“Depository” means Kingsbaker Metal Depository or another third-party vaulting facility approved by Ausecure.

“Fees” means the Order Price and all other amounts payable by a Member to Ausecure under this Agreement, including card pricing, shipping fees, cancellation fees and Market Loss.

“Market Data” has the meaning given in Part I, Section 5.

“Market Loss” has the meaning given in Section 7.

“Member Collateral” has the meaning given in Section 15.

“Order” means a binding instruction by a Member to buy Product from, or sell Product to, Ausecure, placed as described in Section 5(b), 8 or 9, and “Order Price” means the price that applies to it under Section 5(a) or 9.

“Payment” means a payment of funds by a Member to Ausecure or by Ausecure to a Member in relation to a Transaction.

“Pre-Payment” has the meaning given in Section 6(h).

“Privacy Policy” means the Ausecure privacy policy posted at www.ausecure.com/privacy-policy/, as revised from time to time.

“Product” or “Bullion” means tangible, physical precious metals in the form of coins, bars, rounds or other items, numismatic products and other goods offered for sale or purchase by Ausecure from time to time.

“Prohibited Activity” means any of the following: money laundering, terrorist financing or any transaction with or for the benefit of a sanctioned person or country; buying or selling stolen, counterfeit, altered or unlawfully obtained Product, or Product whose origin the Member does not know; acting as an undisclosed agent, nominee or straw buyer for another person, or using the Services for the benefit of a person who is not a Member or not a U.S. resident; structuring payments to evade reporting requirements; fraud, impersonation, use of another person’s payment method or identity, or use of the Services through a proxy, IP address, email address or identity other than the Member’s own; using the Services for or in connection with any activity that is illegal in the United States or in the jurisdiction where the Member is located; using the Services in a manner that abuses the payment-card system or violates payment-network rules, including obtaining a cash advance from the Member’s own card; using the Services in an automated manner or in any way that could damage, disable, overburden or impair the Site or the Services; harassing, defaming, threatening or defrauding others, or collecting information about other users without consent; transmitting malicious code; sending unsolicited offers or spam; and any other use of the Services in breach of this Agreement, as reasonably determined by Ausecure.

“Sale” means a purchase and sale of specific Product between a Member and Ausecure at an Order Price, in either direction, under this Agreement.

“Services” means the services of Ausecure in providing Sales, Auto-Buy, Delivery and the arrangement of Storage, through the Site or by telephone.

“Site” means www.ausecure.com.

“Storage” means the storage of a Member’s Product at a Depository under Section 11.

“Transaction” means any Order, Sale, Payment, Pre-Payment, Delivery, Auto-Buy Order or Storage arrangement.

27. Contacting Ausecure

If you have any questions about this Agreement, contact Ausecure at [email protected], [email protected] or 1-855-528-4653.