The Legal Stuff

Disclaimer:

 

We are not financial advisors, accountants or lawyers.  Any information provided on this
website or via emails is not intended as investment or financial advice.  It is merely
information based upon our own experiences.  The information we present is of a general
nature and should merely be used as a place to start your own research and you definitely
should conduct your own due diligence.  You should seek professional investment or
financial advice before making any decisions.

Disclosure of Material Connection: Some of the links in the posts or pages of this website are “affiliate links.” This means if you click on the link and purchase the item, we will receive an affiliate commission. Regardless, we only recommend products or services we use personally and believe will add value to you. We are disclosing this in accordance with the US Federal Trade Commission’s 16 CFR, Part 255: “Guides Concerning the Use of Endorsements and Testimonials in Advertising.”

 

Website Terms of Use:

 

These terms and conditions govern your use of this web site. By accessing this web
site, you are acknowledging and accepting these terms of use. These terms of use
are subject to change by Gold Survival Guide at any time and at our discretion
without notice. Your use of this web site after any changes are implemented
constitutes your acceptance of the changes. As a result, we encourage you to consult
the terms and conditions each time you use this web site.

 

1. INTELLECTUAL PROPERTY

 

You acknowledge and agree that all content and materials available on this site are
protected by copyrights, trademarks, service marks, patents, trade secrets, or other
proprietary rights and laws. Except as expressly authorized by Gold Survival Guide,
you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly
display, publicly perform, publish, adapt, edit, or create derivative works from such
materials or content.

As noted above, reproduction, copying, or redistribution for commercial purposes of any
materials or design elements on this site is strictly prohibited without the express written
permission of Gold Survival Guide. For information on requesting such permission,
please contact us at info@goldsurvivalguide.co.nz.

 

2. THIRD PARTY REFERENCES / HYPERLINKS

 

This site may link you to other sites on the Internet. These sites may contain information
or material that some people may find inappropriate or offensive. These other sites
are not under the control of Gold Survival Guide, and you acknowledge that
Gold Survival Guide is not responsible for the accuracy, copyright compliance, legality,
decency, or any other aspect of the content of such sites. The inclusion of such a link does
not imply endorsement of the site by or any association with its operators.

 

3. CONTACTING US

 

If you need to contact us, you can email us at info@goldsurvivalguide.co.nz,
call us at 0800 888 465, or send us a letter at:
PO Box 74437 Market Road, Auckland 1543 New Zealand.

 

4. DISCLAIMER OF WARRANTIES

 

ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES
INCLUDED IN OR AVAILABLE THROUGH THIS SITE (THE “CONTENT”) ARE
PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE. THE CONTENT
IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR
NONINFRINGEMENT. Gold Survival Guide AND ITS AGENTS DO NOT
WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT;
THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR
LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR
THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS. YOUR USE OF THIS SITE IS SOLELY AT YOUR RISK.
BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF
CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.

 

5. LIMITATION OF LIABILITY

 

UNDER NO CIRCUMSTANCES SHALL Gold Survival Guide OR ITS AGENTS BE
ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR
DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS
SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED
ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER
BASIS, EVEN IF Gold Survival Guide HAS BEEN ADVISED OF THE POSSIBILITY
DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION
OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, Gold Survival
Guide’s LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT
PERMITTED BY LAW.

 

6. INDEMNIFICATION

 

Upon a request by Gold Survival Guide, you agree to defend, indemnify, and hold Gold
Survival Guide and its other affiliated companies harmless, and their employees,
contractors, officers, and directors from all liabilities, claims, and expenses, including
attorney’s fees, that arise from your misuse of this site.

 

7. SEVERABILITY AND INTEGRATION

 

Unless otherwise specified herein, this agreement constitutes the entire agreement
between you and Gold Survival Guide with respect to this site and supersedes all
prior or contemporaneous communications between you and Gold Survival Guide
with respect to this site. If any part of these Terms of Use is held invalid or unenforceable,
that portion shall be construed in a manner consistent with applicable law to reflect, as
nearly as possible, the original intentions of the parties, and the remaining portions shall
remain in full force and effect.

 

8. JURISDICTION

 

These Terms of Use shall be governed by and construed in accordance with the laws
in New Zealand. You hereby consent to binding arbitration in New Zealand to resolve
any disputes arising under this Terms of Use.

 

 

 

Privacy

This privacy policy sets out how GoldSurvivalGuide uses and protects any information that you give GoldSurvivalGuide when you use this website. GoldSurvivalGuide is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website, then you can be assured that it will only be used in accordance with this privacy statement. GoldSurvivalGuide may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes.

 

What we collect

We may collect the following information:

• name
• contact information including email address
• demographic information such as postcode, preferences and interests
• other information relevant to customer surveys and/or offers

 

What we do with the information we gather

We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:

• Internal record keeping.
• We may use the information to improve our products and services.
• We may periodically send promotional emails about new products, special offers or other information which we think you may find interesting using the email address which you have provided.
• From time to time, we may also use your information to contact you for market research purposes. We may contact you by email, phone, fax or mail. We may use the information to customise the website according to your interests.

 

Security

We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.

 

How we use cookies

A cookie is a small file which asks permission to be placed on your computer’s hard drive. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences. We use traffic log cookies to identify which pages are being used. This helps us analyse data about webpage traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system. Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us. You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.

 

Deleting Cookies

If you don’t want our Company’s cookies on your computer, to be used for the purposes stated above, they are easy to delete. Simply go to http://www.aboutcookies.org/Default.aspx?page=2 for instructions.

Advertisers and partners may also use their own cookies. We do not control use of these cookies and expressly disclaim responsibility for information collected through them.

 

Online Advertisements

Our company may display our online advertisements. In those cases we share information about our Visitors and Members collected through the registration process as well as through online surveys and promotions with these advertisers.

Additionally, in some instances, we use this information to deliver tailored advertisements or joint ventures. For instance, an advertiser or joint venture company tells us the audience they want to reach and provides us an advertisement tailored to the audience. Based upon the information we have collected, we may then display or send the advertisement to the intended audience. Our company does share personal information about its Visitors or Members with these advertisers or joint venture companies.

By visiting our Company Web site, you are consenting to our policy of collecting and using your data. If you do not want to consent to our policy of collecting and using your data you can “opt out” of our Facebook.com Custom Audience Ads advertising policy by notifying our Company in the following manner:

Facebook.com Website Custom Audience Ads (WCA):

A Custom Audience on Facebook.com is a list of people our company would like to show our ads to on Facebook.com, who have shown interest in our products and services, with ads we believe would be of interest to them. This audience consists of people, whose information and email addresses our Company already has, because they have already subscribed to receiving our Company emails.

If you no longer have an interest in our products and services, you can opt-out of seeing our Company’s Facebook.com Custom Audience Ads. Unsubscribing from our Company’s email list will remove you from Company’s internal email database list and stop future emails from our Company, but not from being shown Facebook.com Custom Audience Ads. The Facebook.com Custom Audience Ads external database, is different from our Company’s internal database and requires the following Opting-out request.

Opting-out of Facebook.com Website Custom Audience Ads:

To opt out of our Company’s Facebook.com Custom Audience Ads, send an email, from the email address you are opting out, to our Company using our email address provided in our Company’s contact information above. Put “Opting Out of Facebook.com Custom Audience Ads ” in the subject line of the email. In the body of the email include your name and email address. Our Company staff will forward your name and email address to Facebook.com with a request to delete you from all of our Company’s Facebook.com Website Custom Audience Ads.

Also visit www.aboutads.info/choices for more information on opting out of of the collection and use of information for ad targeting.

Google.com Analytics

Our Company may use Analytics tracking code to support Display Advertising, and enable Google Analytics to collect data about your traffic via the DoubleClick cookie in addition to data collected through the standard Google Analytics implementation. Display Advertising lets us enable features in Analytics that aren’t available through standard implementations, like Remarketing with Google Analytics, Google Display Network Impression Reporting, the DoubleClick Campaign Manager integration, and

Google Analytics Demographics and Interest Reporting.

Our Company may use Remarketing with Google Analytics to advertise online:

This allows third-party vendors, including Google, to show your ads on sites across the Internet. Our Company and third-party vendors, including Google, use first-party cookies (such as the Google Analytics cookie) and third-party cookies (such as the DoubleClick cookie) together to inform, optimize, and serve ads based on someone’s past visits to our website.

Our Company may implement Google Display Network Impression Reporting or the DoubleClick Campaign Manager:

Our Company and third-party vendors, including Google, use first-party cookies (such as the Google Analytics cookies) and third-party cookies (such as the DoubleClick cookie) together to report how your ad impressions, other uses of ad services, and interactions with these ad impressions and ad services that are related to visits to your site.

Our Company may implement Google Analytics Demographics and Interest Reporting:

The data from Google’s Interest-based advertising or 3rd-party audience data (such as age, gender, and interests) with Google Analytics allows us to serve ads to you based on this data.

Opting-out of Google Analytics’ For The Web and Google Analytics for Display Advertising: Users can opt-out of Google Analytics’ currently available opt-outs for the web at https://tools.google.com/dlpage/gaoptout/

Using the Ads Settings, users can opt-out of Google Analytics for Display Advertising and customize Google Display Network ads at https://www.google.com/settings/personalinfo

Retargeting Ad Campaigns and Persistent Identifiers:

Our Company may utilize various types of advertising that appear on our Company sites and services including ads on third party sites and services. Our Company may utilize categories of information, including names and email addresses, collected from users on our sites and services, as well as third party sites and services, in connection with the ads that are served. This advertising may include, but not limited to, contextual advertising, cookies, anonymous cookies, pixels, persistent identifiers, geolocation information, email opt in, search engine terms, behavioural advertising and/or retargeting advertising.

This type of advertising is a form of targeted advertising, to the specific individual who is visiting the Web site. These advertisements appear on websites or other media, including display ads, pop up ads and ads displayed in mobile browsers. Those advertisements are selected and served by automated systems based on the interests relevant to the user from the content displayed to the user, based on what the user is viewing.

 

Links to other websites

Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.

 

Controlling your personal information

You may choose to restrict the collection or use of your personal information in the following ways:

whenever you are asked to fill in a form on the website, look for the box that you can click to indicate that you do not want the information to be used by anybody for direct marketing purposes

if you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by writing to us.

We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so. We may use your personal information to send you promotional information about third parties which we think you may find interesting if you tell us that you wish this to happen. You may request details of personal information which we hold about you under The Privacy Act 1993 (New Zealand). If you would like a copy of the information held on you please contact us. If you believe that any information we are holding on you is incorrect or incomplete, please write to or email us as soon as possible, at the above address. We will promptly correct any information found to be incorrect.

 

Returns Policy

Gold Survival Guide guarantee the purity of all precious metals purchased.

If for any reason you are not satisfied with your order, please contact us by phone on 0800 888 465 within 7 days from the date you received your order to discuss your situation.

We will meet all aspects of the Fair Trading Act and Consumer Guarantees Act.

On top of this a return may also be considered depending upon the circumstances at Gold Survival Guides discretion. In order for a return to be considered the product will need to be kept in its original packaging. You will be given instructions as to how to return your order.

If a refund is requested, we reserve the right to find an acceptable replacement or refund your money if an acceptable replacement is not available. Refunds, at our discretion, may be issued via a credit redeemable for future purchases instead of a cash refund.

A refund will only be made after the returned products have been received and verified by us.

You may (at Gold Survival Guide’s discretion) be required to pay for any market loss on a returned product. Any market gain on a refund will remain the property of Gold Survival Guide.

Terms of Business:

Interpretation: In this agreement unless context otherwise requires:

Any reference to “you” or “your” means you, the person or entity who engages with Gold Survival Guide for the purpose of facilitating any product or service, including holding or trading precious metals on behalf of the Authorised Agent.

Authorised Agent – means any person you have properly authorised in writing to give trading or funding instructions to Gold Survival Guide on your behalf. You may be representing a company, trust or other entity and we may require both your identification and confirmation of your right to represent the entity. Where an Authorised Agent is more than one person, we require your instructions as to whether you are operating jointly or severally.

Available Funds – means cleared funds in the Gold Survival Guides bank account, including funds which have been made available by means of direct debit.

Business day – means a day in which banks and foreign exchange markets are open for business in Auckland, New Zealand.

Bullion – means any precious metal of a certain purity, but not less than 99.5% for gold and 99.9% for silver.

Insurance – means insurance cover to insure courier deliveries of bullion purchased through Gold Survival Guide and sent to the nominated address of you or the Authorised Agent.

2. General

You and Authorised Agents must be over the age of 18.

This agreement applies to all dealings between the Authorised Agent (collectively referred to as “you” or “your”) and Golden Prophets Limited Trading As Gold Survival Guide (collectively referred to as Gold Survival Guide, “we”, “our” and “us”) regardless of the facility/devise/mechanism used to facilitate the dealings.

3. We will not be responsible for any loss or liability incurred by you where we do not receive your instructions or where any dealing or proposed dealing is interrupted, unable to be completed or unable to take place due to the failure of any telephone, computer, other electronic or technological device.

4. Upon its commencement, this agreement replaces any agreement that currently exists between you and us and the obligations entered into under the prior arrangement will be treated as if they were entered into pursuant to this agreement.

5. You acknowledge that by placing an order with Gold Survival Guide you evidence your acceptance of the Terms and Conditions of this binding agreement.

6. Your Commitments

You warrant that all information provided by you is complete and correct and is not misleading and agree that we may rely on that information unless and until we receive written notice of any change. It is your responsibility to advise Gold Survival Guide in writing of any changes to your information.

7. You warrant that you have full capacity, power and are otherwise properly authorised to enter into obligations and exercise rights pursuant to this Agreement. If the Authorised Agent is a company, you warrant that the company is duly incorporated and validly existing in your jurisdiction of incorporation and that the Authorised Agent has authority to act on the company’s behalf. If the Authorised Agent is the Trustee of a Trust or Superannuation Fund you must confirm you have the right to be fully indemnified out of Trust assets or the Superannuation Fund for obligations incurred under the Agreement.

8. You represent that at all times during your dealings with us you will be in a position to meet all your commitments and obligations arising from these dealings.

9. You acknowledge that we do not give personalised advice or make personalised recommendations and that is therefore your responsibility, before ordering the purchase or sale of any precious metal through us, to assess and evaluate the proposed transaction in the light of your then current financial situation, investment objectives and particular needs.

10. You acknowledge that the type, nature, extent, service provider or platform of any service, product or facility available to you may change from time to time. In such circumstances where it considers it reasonably necessary, Gold Survival Guide provides notice to you of the change.

11. You acknowledge that Gold Survival Guide is not responsible for the reliability, completeness or accuracy of any third-party information it provides or makes available to you. Gold Survival Guide shall choose third party providers that it considers suitable and use reasonable endeavours to inform you of any deficiencies (of which it becomes aware) with respect to any information.

12. You acknowledge that Gold Survival Guide is entitled to rely on instructions from any authorised Agent that you appoint until it has notice in writing from you a reasonable time before a transaction is due to occur that such appointment has been revoked.

13. You acknowledge that Gold Survival Guide has the right to correct any trading or administrative errors including but not limited to reversing or cancelling orders without your consent. Where an error has been made by Gold Survival Guide, leading to an overpayment of funds or over supply of product, you agree to immediately repay or return such payment or product without discount or deduction. Failure to do so may mean you will be charged any costs, including legal costs to recover any overpayment or over supply.

14. You acknowledge Gold Survival Guide operating policy as follows: Gold Survival Guide endeavours to deal fairly and in due turn with all orders to buy and sell precious metals regardless of your instructions source or method of delivery. It is the practice of Gold Survival Guide to enter all orders in the sequence in which they are received, and otherwise as expeditiously as practicable as, but no earlier than, receipt of notification by Gold Survival Guide from its bank of the purchase monies becoming available funds.

15. You acknowledge that all orders are automatically assigned an expiry date unless otherwise specified by you at the time of placing an order. This expiry date is 4:30pm NZ time on the Business day which the order was placed, unless otherwise extended at the sole discretion of Gold Survival Guide. All transactions are real time and cannot be cancelled. Any foreign exchange rate utilised by us will be the applicable Gold Survival Guide foreign exchange rate as at the time and on the date on which the transaction has been affected. You agree that where a purchase has been made on the conditions above, and no payment of our invoice is received by Gold Survival Guide, you will be responsible for any losses and costs, arising from the cancellation of the invoice, either by you, or Gold Survival Guide.

16. You agree and warrant notifying Gold Survival Guide immediately of any errors or omissions in our records with respect to your details.

17. You acknowledge that in times of highly volatile, fast-moving, and turbulent market conditions, all trade requests are at the current “actual” market value (“live” pricing) unless otherwise agreed with Gold Survival Guide. Website prices are only held for 300 seconds.

18. You acknowledge that Gold Survival Guide reserves the right to suspend trading, or immediate fulfilment of orders in times of high market volatility or fast-moving market conditions.

19. You acknowledge that prices published by Gold Survival Guide in daily price emails (or otherwise) are for indicative purposes only and subject to this Agreement, the pricing of your order is normally “locked in” (based on a premium over the spot price of the metals) at the time of order confirmation.

20. You acknowledge that all orders are FINAL. Once your order is confirmed, you cannot change, modify or cancel the order.

21. You acknowledge that it is your responsibility to take delivery of the metal.

22. You acknowledge that this Agreement is governed by the laws of New Zealand.

23. Your Instructions

All instructions are subject to the law of New Zealand, and the terms of this Agreement.

24. It is your responsibility to ensure that all instructions given to Gold Survival Guide (by you the Authorised Agent) are in accordance with the law, and this Agreement.

25. Gold Survival Guide will make all reasonable efforts to carry out your clear instructions promptly, subject to clause 25. You acknowledge that where your instruction is given in writing by email, the instruction will be deemed to have been received by us when we act on the relevant instruction. Accordingly, you accept responsibility to ensure that your written instruction has been received and actioned by Gold Survival Guide.

26. We are not obliged to accept any instruction to trade.

27. We will act only within the parameters of your instructions.

28. If we consider it is our reasonable interest to do so and to the extent permitted by law, we may decline to act on your behalf in relation to any particular dealings, without explanation or advance notice. Additionally, we may decline to act on your behalf; where we believe the transaction would result in no change of beneficial ownership; or where we believe the instructions are ambiguous, incomplete or unclear.

29. If more than one person constitutes the Authorised Agent, then they are jointly and severable bound by this Agreement and we are entitled to act upon the instructions of any one of those persons, unless specified otherwise in writing.

30. Payment and Settlement Obligations

You must pay Gold Survival Guide:

a. Consideration for any purchase of precious metals, commission, fees and charges in connection with your order at the rates and currency notified by us in writing from time to time;

b. Any fees, taxes or other charges levied by a third party on Gold Survival Guide in connection with your order;

c. Interest on any unpaid amounts at the rate determined by us from time to time from the day the amount falls due until the date paid; and

d. All costs, expenses/losses accrued by Gold Survival Guide as a result of your failure to settle by due date.

31. In the event of any default by you in the fulfilment of any of your obligations to us:

a. You must pay us a default administration fee of NZ$250 + GST for each default; and

b. You must compensate and indemnify us (including our subsidiaries, and their respective directors, employees, contractors and agents) in respect of any and all losses, claims and expenses incurred by us as a result of your default; and

c. Without limiting the generality of (b) above, we may exit all the positions taken by us in relation to your Contract, including any physical contracts, in which case you will indemnify us in respect of any costs and losses we may incur as a result of exiting any position; and

d. Without limiting the generality of (b) above, if you default in payment of an invoice (which includes termination or cancellation of an order by you) you will pay us the difference between the price invoiced to you for any Product and the current buyback price (as determined by us) of the Product as at the date your default is processed; and

e. You irrevocably authorise us to debit your credit card or debit card account if held, in respect of any such losses; and

f. We may refuse to accept or fulfil any further orders from you for Product or our Services.

32. You are required to provide Available Funds to pay for all costs in connection with a purchase of precious metals, by settlement date or at any earlier time as required by Gold Survival Guide.

33. Authorities and Indemnities

Clauses 32 to 39 (inclusive) of this Agreement will continue in full force and effect after this Agreement expires or is terminated.

34. In connection with the establishment of these arrangements and the collection of overdue payments, you authorise us to supply relevant information and other records to a credit reporting agency and to obtain credit reports about you from credit reporting agency.

35. You authorise us to record any telephone conversation(s) between you and us, with or without an audible tone warning device.

36. You agree to pay our normal commission fees and to reimburse us for any extraneous costs, such as GST, for transactions made on your behalf.

37. You authorise us to appropriate any credits, payments, and other receipts from you in such manner and order as we think fit against any amounts due or owing by you to us or otherwise.

38. You agree to indemnify Gold Survival Guide, its subsidiaries, and their respective directors, employees, contractors and agents against all costs, including but not limited to losses, damage, actions, proceedings, claims, costs (including legal costs), demands, damages, liabilities or expenses which may be brought against, suffered or incurred by Gold Survival Guide by reason of breach of this Agreement.

39. You agree to release to Gold Survival Guide, its subsidiaries, and their respective directors, employees, contractors and agents from any obligation or liability with respect to any loss, whether direct or consequential, that you suffer or incur in connection with your business dealings with Gold Survival Guide.

40. Gold Survival Guide shall not be liable for any loss arising in connection with the operation (including delays and errors) breakdowns, disruption to or malfunction of any system, device, or service.

41. Variation

We reserve the right to vary this Agreement. Any variation of this Agreement shall apply to all dealings between you and us from the day on which the variation takes effect. If we vary this Agreement, we shall give not less than seven days’ notice to you at the postal or electronic address last notified to us by you. However, we may make a variation without prior notice where such variation is necessary to restore or maintain the security of our systems.

42. Notice

Any notice, request, demand or other communication may be sent to your postal or electronic address last notified to us and the notice, request, demand or other communication shall be taken to have been received by you if sent by prepaid letter on the Business day following posting and if sent by facsimile or other electronic means when there is confirmation of receipt by whatever means.

43. Termination

Subject to the completion of any outstanding obligations, these arrangements may be terminated by either party giving not less than seven days written notice to the other party.

44. Assignment

You must not assign this Agreement without prior written consent of Gold Survival Guide. Gold Survival Guide may assign this agreement without notice to you.

45. Severance

If the whole or any part of a provision of this Agreement is or shall become void, unenforceable, or illegal, the remainder of this Agreement shall have full force and effect. The parties agree that in such a case, the provision held void, unenforceable or illegal shall be replaced by such provision that in its commercial and legal context is most similar to the provision held void, unenforceable or illegal.

46. Privacy

Gold Survival Guide and entities controlled by it are subject to the Privacy Act 1983.

a) Collection of Personal Information

We collect personal information (including your full name, address and contact details) so that we may administer our relationship with you, provide you with products and services you request, as well as information about Gold Survival Guide products and services. Where it is necessary to do so, we also collect information on individuals such as company directors and officers (where the company is our client, or trustees of a trust), as well as client’s agents and persons dealing with us on a “one off” basis. If you provide us with incomplete or inaccurate information, we may not be able to provide you with the products or services you are seeking.

b) Disclosure of Personal Information

We may communicate personal information to:

i. Agents who refer business to us, and external product providers; and

ii. Organisations who we outsource certain functions. In all circumstances where contractors and agents may become aware of personal information, confidentiality arrangements apply. Personal information may only be used by our agents and contractors for our purposes. We may be allowed or obliged to disclose information by law.

c) Access to Your Information

You are entitled to see and have corrected any information we hold about you, any transaction entered into by you with Gold Survival Guide.

47. Warranties

You acknowledge and agree that the representations and warranties given under this agreement shall be deemed to be repeated each time you enter into any service or transaction with us.

Download the Gold Survival Guide Terms of Business PDF here.