Interpretation
“Agreement” | means this agreement and these terms and conditions, any account-opening documentation (including an electronic registration form you complete when applying for a Troy Gold Account) and any other documents, terms and conditions, or policies which are expressly stated by Troy Gold to form part of the agreement between you and us, the terms of which may be amended from time to time; |
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“Confidential Information” | has the meaning ascribed to it in Clause 21.2; |
“Co-Ownership Right” | means the co-ownership right you have in respect of a GB Bar proportional to the number of Fractions you have acquired in the GB Bar which will vary in accordance with the number of Fractions you purchase, redeem, sell, send or receive in a GB Bar; |
“CPFTA” | has the meaning ascribed to it in Clause 22.15; |
“Force Majeure” |
means any circumstance, act, or event beyond the reasonable
control
of
Troy Gold and/or the Customer, including but not limited to:
|
“Fractional Ownership” | means the co-ownership between you, us and other co-owners in undivided shares of a GB Bar; |
“Fractional Ownership Arrangement” | means the arrangement under which you agree to exercise rights afforded to you under your Fractional Ownership in a GB Bar, in accordance with this Agreement; |
“Fractions” | means a designated and determinable unit or fraction and/or portion of allocated units which has been allotted in respect of a GB Bar and which constitutes an undivided share in a Gold Bullion Bar represented by the GB Bar; |
“Full Fraction Subscription” | means the sum of Fractions owned by you amounting to the relevant number of fractions constituting the whole of a GB Bar and thereby constituting the full Fractions available for acquisition in any one GB Bar; |
“GB Bar” | means a notional representation of a specific, identifiable Gold Bullion Bar stored with a Vault Provider; |
“Gold Bullion Bar” | means a 99.99% refined gold bullion bar of a specified weight (eg. 10 grams, 100 grams, 1000 grams) which is the basis and underlying asset of the respective GB Bar; |
“Gold Bullion Bar Option” | has the meaning ascribed to it in Clause 7.1; |
“Governmental Authority” | means any nation or government, any state or other political subdivision thereof, any entity exercising legislative, executive, judicial or administrative functions of or pertaining to government, including, without limitation, any government authority, agency, department, board, commission or instrumentality, and any court, tribunal or arbitrator(s) of competent jurisdiction, any supranational bodies and any self-regulatory organisation; |
“Information” | has the meaning ascribed to it in Clause 10.1; |
“Intellectual Property” | has the meaning ascribed to it in Clause 21.1; |
“Laws” | means the laws, statutes, ordinances, rules, regulations, guidelines, codes of practice, judgments, injunctions, orders and decrees of any Governmental Authority, including amendments thereto; |
“LBMA Bar” | means a 99.99% refined gold bullion bar refined by a refinery accredited by London Bullion Market Association, which includes Metalor Refinery; |
“Losses” | has the meaning ascribed to it in Clause 16.1; |
“Party(ies)” | has the meaning ascribed to it in Clause 2.1; |
“Password” | means such password which meets the requirement or criteria as may be determined by us, for the purpose of accessing your Troy Gold Account; |
“PDPA” | has the meaning ascribed to it in Clause 11.6; |
“PSPM” | has the meaning ascribed to it in Clause 10.1; |
“Promotional Balances” | means the balance in your Troy Gold Account resulting from your participation in any Troy Gold promotions including lucky draws, festive campaigns and the use of promotional codes; |
“Related Parties” | means the parent companies, subsidiary companies, officers, directors, shareholders, employees and agents of Troy Gold; |
“Requirements” | has the meaning ascribed to it in Clause 2.3; |
“Sale Fractions” | has the meaning ascribed to it in Clause 4.3; |
“Singapore Dollars” | means the lawful currency of Singapore for the time being; |
“South African Rands” | means the lawful currency of South Africa for the time being; |
“TBOP” | has the meaning ascribed to it in Clause 12.1; |
“Transfer Fractions” | has the meaning ascribed to it in Clause 5.2(a)(i); |
“Troy Gold Account” |
means an account on the Troy Gold Platform which displays an
electronic
record of:
|
“Troy Gold Platform” | means the Troy Gold private and public website accessible at www.troygold.app as amended from time to time, including any associated Troy Gold-hosted websites (the “Troy Gold Website”), the Troy Gold application programming interface, and the Troy Gold-hosted mobile applications (“Troy Gold Mobile App”); |
“UCTA” | has the meaning ascribed to it in Clause 22.15; |
“United States Dollars” | means the lawful currency of the United States of America for the time being; |
“Variation” | has the meaning ascribed to it in Clause 22.5(a); |
“Vault” | means the location where GB Bars are physically stored pursuant to an agreement entered into by or on behalf of Troy Gold with a Vault Provider; |
“Vault Mandate” | means the mandate and authority you grant us to give instructions to the Vault Provider on your behalf and, grant such power and authority to us to agree to such terms and conditions (as may be determined by us in our absolute discretion) with the Vault Provider for the purposes set out in this Agreement; and |
“Vault Providers” | means one or more service providers appointed by us (or our agent) in accordance with Clauses 3 and 14 to store GB Bars on behalf of our Customers. |
Acceptance of Agreement
Purchasing of Fractions
Sale of Fractions
Sending and Receiving Fractions
Consolidation Process
Gold Bullion Bar Option on Full Fraction Subscription
Troy Gold Account
Communications
Customer Due Diligence
Security and Privacy
Price
Gold Quality, Purity, and Auditing
Storage and Insurance
Promotional Balances
Limitation of Liability; No Warranties
Indemnity
Term and Termination
Death or Incapacity
Tax
Intellectual Property and Confidentiality
Miscellaneous