Legal identities

The “Company” means Africa Gold Agency.

The scope of the terms of use

These Terms of Use (hereinafter the “Terms”) govern all use of services accessible from the website Africagoldagency.com (hereinafter the “Website”).

Any use of services accessible from the Website implies the unconditional acceptance of the Terms by the person accessing the Website (hereinafter the “User”).

Participation of Gold Trades or any other services on the website is restricted to a person who is 18 years or older and/or a legal person who/which registers on the Website and who partakes in the physical gold trading (hereinafter the “Client”).

The Terms can be adapted or modified at any time by the Company.

1. Data protection

The Company will not disclose to any third party the information provided by Users on the Website. This information is treated as confidential and will only be used to enhance and personalize the communication, including information letters / emails as part of customizing the Website according to the preferences identified by Users. The Company shall not sell and shall not lend the personal data of its Users to third parties.

This article shall not prevent the sale or transfer of activities to third parties. The User can exercise his/its right of access to the file and his/its right to correct or delete personal information by sending a request to info@africagoldagency.com.

2. Property rights

The data, content and information provided by the Company on the Website and all written material, sounds and graphic illustrations thereon are the exclusive property of the Company. Reproduction or representation, integral or partial, of the pages, data, video or any other component that makes up the Website, by whatever process or support, is authorized, provided the source is acknowledged “Africa Gold Agency all rights reserved” accompanied by a link to the website africagoldagency.com or to the page. The contents of the Website may however be downloaded, printed or copied for personal and non-commercial use.

3. Authorized use

The Website may only be used in accordance with the Terms and Users may only make use of the Website for lawful purposes, i.e., respecting all laws, regulations and practices in force in South Africa.

Users agree and undertake not to:

• Publish, transmit or disseminate any harmful, obscene, defamatory or illegal information on this Website or use this Website in a manner likely to cause prejudice to the rights of others;

• Use software, “routine” or device to interfere or attempt to interfere with the proper working of the Website, either manually or electronically, by any means whatsoever, including downloading or giving an access to files containing corrupted data or viruses;

• Damage, alter or change the graphic aspect of the Website or the software code constituent thereof;

• Take any action likely to result in an unreasonable or disproportionately traffic on the Website or related infrastructure;

• Obtain or attempt to obtain unauthorized access to any of the Company’s networks, and this by any means whatsoever.

4. Website modification

The Company reserves the right to make improvements or changes to the information, services, products and other elements of the Website. The Company also reserves the right to modify the Terms at any time, the changes of which shall become immediately applicable, as soon as they are posted therein.

By continuing to access or to use the Website Users are deemed to have accepted the changes to these Terms.

5. Risk

There are risks attributed to all gold trades and the buying and selling of gold and the client should take care when contributing to such trades and the buying and selling of gold. Though the Company takes steps in mitigating risks there can be risks attributed that are out of the Company’s control. The client contributes to any gold trade and the buying and selling of gold at his/her own risk and holds the Company harmless against any losses that may result from a gold trade and buying and selling of gold.

6. Limitation of liability

The Company shall not be liable for any damages or losses of any nature whatsoever, direct or indirect, special, punitive or consequential damages, resulting from gold trades, buying and selling of gold, access to this Website or use of, or any information contained on this Website.

All kinds of damages, including gold trades, and losses, whether or not related to the parties, contractual or otherwise (including negligence), or resulting from the responsibility of a gold trades even if the Company was advised of the possibility of such damage/loss are excluded.

7. Fees

A 5% fee is levied for payment gateway costs and is an external cost related to debit cards, credit cards, PayPal and or cryptocurrencies. Any and all fees levied for payment gateway costs are non-refundable.

Money transfer fees and bank charges are also none refundable once the money has been transferred to Uganda.

8. Profits

Any illustrations of profits on the website are only for the purpose of giving the client an indication of what profits could be earned. Profits are not guaranteed and are conditional on the buying and selling price of Gold. Profits are paid less the cost of gold, transactional cost, export taxes, logistics cost, money transfer fees and other costs associated with the trade and as specified on the website.

9. Payments

Payments to the client may take 7 to 10 days after the disbursement of funds. The time taken for the Client to receive funds is due to international regulations  and controls for international transfers and is out of the control of the Company.

10. Exclusion of warranties

Within the limits of what is accepted by law, the Company excludes all warranties regarding the information, services and material on this Website. The information, services and materials are provided “as they are” and without any warranty.

11. Cookies

A cookie is a file which enables a website to save information relating to your computer’s browsing of the Website (e.g. number of visits, number of pages viewed, etc.), to make your visits to the Website smoother.

Users may refuse the use of cookies through the browser’s settings. However, blocking cookies could hinder certain features or functions of the site.

When you connect to our Websites (africagoldagency.com) a bar appears on the screen. If you choose to accept our cookies, only the ones strictly necessary for the smooth running of our sites shall be stocked in the memory of your computer, smart phone, pad or other mobile devices.

12. Money laundering

The Client will abstain from making any operation, through the website of Africa Gold Agency that could be construed as money laundering and declares that the remittance of all and any funds which have been or which at any time in the future may be remitted for the account of Africa Gold Agency does not and will not constitute a money laundering offence as defined in the Bank Secrecy Act as amended by the Patriot Act and that the funds are not of illicit origin or otherwise derived from any criminal activity.

The Client hereby guarantees that the funds used for the transaction have been duly declared to the fiscal authorities of his/her country of residence and/or citizenship.

The Contributor will not be permitted to partake in gold trades using a third-party Paypal, Credit Card or bank account.

For this purpose, any User who wishes to partake in gold trades must provide a copy of his/her ID or passport and a proof of address.

13. Governing law and arbitration

The Terms and the legal relations resulting from their acceptance shall in all respects be governed by and interpreted in accordance with the laws of South Africa.

Any dispute, controversy or claim arising out of or relating to the Terms, or the breach, termination or invalidity thereof, shall be settled by arbitration in accordance with the International Arbitration Rules of the International Centre for Dispute Resolution.

The number of arbitrators shall be one. The place of arbitration shall be South Africa. The language to be used in the arbitral proceedings shall be English.