iGolds Account User Agreement
THIS AGREEMENT SETS FORTH THE TERMS AND CONDITIONS UNDER WHICH IGOLDS INC. WILL PROVIDE ITS IGOLDS ACCOUNT SERVICES. THIS AGREEMENT DESCRIBES USER'S RIGHTS AND OBLIGATIONS WHEN USING THESE SERVICES. USER MUST READ IT CAREFULLY AND BE SURE USER UNDERSTANDS THESE TERMS AND CONDITIONS.
CREATION OR USE OF AN IGOLDS ACCOUNT MEANS USER ACCEPTS ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT.
THE PARTIES TO THIS AGREEMENT ARE THE ISSUER AND THE USER.
THE RIGHTS AND OBLIGATIONS OF THE PARTIES UNDER THIS AGREEMENT SHALL BE GOVERNED BY THE AUTHENTIC ENGLISH LANGUAGE TEXT OF THE "IGOLDS ACCOUNT USER AGREEMENT" TO THE EXCLUSION OF ANY OTHER AUTHENTIC LANGUAGE VERSIONS.
THE ORIGINAL ENGLISH LANGUAGE VERSION OF THIS AGREEMENT MAY HAVE BEEN TRANSLATED INTO OTHER LANGUAGES. IN THE EVENT OF INCONSISTENCY OR DISCREPANCY BETWEEN THE ENGLISH LANGUAGE VERSION AND ANY OTHER LANGUAGE VERSION OF THIS AGREEMENT, THE ENGLISH LANGUAGE VERSION SHALL PREVAIL.
1. Conditions of Use
User acknowledges that (i) the iGolds service and Issuer are not a bank (ii) iGolds accounts are not insured by any government agency and (iii) the iGolds service and Issuer are not subject to banking regulations.
2.1. Identifying Information. User must provide Issuer with valid and accurate identifying information as determined from time to time by Issuer.
2.2. Protection of Password
2.2.1. User is responsible for the protection of User's password that gives access to User's iGolds account. User agrees that, in the event of the loss or misuse of User's Password, Issuer disclaims all liability for such loss. User shall indemnify and hold harmless Issuer for relying on transactions authorized using User's Password prior to such time as User notifies Issuer that User's Password has been compromised.
2.2.2. User acknowledges and accepts that in the case of a claim of unauthorized Spends, the presumption shall be that all Spends are authorized by and are the liability of the User.
2.2.3. User must not divulge User's Password to anyone else, nor may User use anyone else's Password. User agrees that Issuer will treat any person accessing User's account using User's Password as the User.
2.2.4. Issuer is not responsible for losses incurred by User as the result of User's misuse of a Password.
2.3. Irrevocability of Spends
2.3.1. User agrees that all Spends initiated by User are final and not reversible.
2.3.2. User is responsible for all Spends from User's iGolds account even if the instructions provided by User are incorrect.
2.4. Disputes Between Users
2.4.1. Any disputes that arise between Users are not the responsibility of Issuer.
2.4.2. User acknowledges that iGolds is not an escrow service, and that Issuer does not make any guarantees regarding purchases made when using the iGolds service. User acknowledges that Issuer does not ensure the quality, safety, or legality of any merchandise received, nor that the seller will even ship the merchandise.
3. Obligations of Issuer
Issuer shall honor these obligations:
3.1. User Interface
Issuer will ensure that a secure online User interface is made available.
3.2. Privacy
3.2.1. Unless (1) otherwise approved by User or (2) ordered by a court or arbitration body of acceptable jurisdiction, as determined by Issuer or (3) necessary, as determined by Issuer, to investigate suspected illegal activity or violations of the iGolds Account User Agreement to protect Issuer or Users, Issuer shall not reveal User's contact or identifying information or transaction history to any third party.
3.2.2. Issuer will not store password in plaintext. No employee of Issuer will ever ask for User's password.
4. Rights of Issuer
Issuer reserves the following rights:
4.1. Force Majeur
Issuer will not be responsible for delays or failures in the transmission, receipt or execution of orders, payments, deliveries or information due to events beyond its control. The obligations of this contract precede any government enactment.
4.2. Right of Association
Issuer reserves the right to refuse service to particular individuals or entities, at its sole discretion, with or without cause.
4.3. Trademarks
Issuer retains all right, title, and interest in and to trademarks. User shall only use iGolds trademarks with the express permission of Issuer. User shall not use the trademarks in any manner that is disparaging to iGolds. Under no circumstances may a User alter, modify, or change Issuer's trademarks.
5. Arbitration
Any controversy or claim arising under or related to this Agreement shall be settled by arbitration.
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