top of page

Terms & Conditions

Updated: July 11, 2023

Article 1 - Purpose
The purpose of these terms and conditions is to stipulate the rights, obligations, and other necessary matters between the "Company" and the "User" in using the Aktagold service provided by Aktagold, Inc. (hereinafter referred to as the "Company"). These terms and conditions apply mutatis mutandis to e-commerce using the Internet, smartphones (Android phones, iPhones, etc.) apps, etc., unless it is contrary to its nature.

Article 2 - Definition of the term
1 "Site" refers to a virtual sales place (a smartphone app named "Aktagold" and Aktagold.com) provided by the "Company" so that it can trade goods using information and communication facilities such as computers in order for the "Company" to sell goods to "users" or buy goods from "users".
2 "Aktagold Service" refers to the service specified in Article 13 (1) of this contract, such as the purchase of gold and silver manufactured with 99.99% of purity gold or silver (hereinafter referred to as "gold or silver") from the "Site" stored in the Royal Mint in Canada, the service of purchasing gold or silver products from the "Site" and storing them to the "Company", and the service of re-sold gold or silver products stored above to the "Company".
3 "User" refers to members who use the Aktagold service (hereinafter referred to as the "Service") provided by the Company in accordance with these terms and conditions.
4 "Member" refers to a client who has a registered address who has accessed the "Site" and agreed to these terms and conditions and the personal information processing policy, and generated an ID (ID) and password through real-name authentication by providing personal information to the "Company".
6 "ID" refers to a combination of letters and numbers set by the "Member" and registered on the "Site" for the identification of "Member" and use of the "Service".
7 "Password" is a combination of letters and numbers corresponding to the ID, etc., and refers to the registration on the "site" set by the "member" by the "member" himself for the confirmation of the identity of the "member" and the protection of the rights and the confidentiality of the "member".

Article 3 - Specification and Amendment of Terms and Conditions
1 The "Company" will post the contents of these terms and conditions, the Company, the address of the sales office (including the address of the place where the consumer's complaint can be handled), the name of the representative, the business registration number, the mail-order business report number, the contact information (telephone, e-mail address, etc.) on the initial service screen (login screen) of the "site" so that the "user" can easily know. However, the contents of the terms and conditions can be seen by the "user" through the connection screen.
2 The "Company" may revise these terms and conditions to the extent that it does not violate relevant Federal laws of the United States of America and laws of the State of Texas pertaining to the purchase and sale of fractional allocated but not segregated previous metals, e-commerce and digital commerce transactions, data and privacy, money laundering and any securities laws.
3 If the "Company" revises the terms and conditions, it will specify the date of application and the reason for revision, and notify the initial screen of the "Site" or its connection screen along with the current terms and conditions from 7 days before the application date to the day before the application date. However, if the contents of the terms and conditions are changed unfavorably to the "member", we will notify you with a grace period of at least 30 days in advance. In this case, the “Company” displays the contents before and after the revision so that the “member” can easily understand.
4 “Members” have the right not to agree to the changed terms and conditions, and if they do not agree to the changed terms and conditions, they may stop using the service and request to withdraw. However, if the "Member" does not express his/her intention to agree to the revised terms and conditions to the "Company" within the notice period of the revision of the terms and conditions separately notified by the "Company" in the method of Paragraph 3, etc., it shall be deemed to have agreed to the changed terms and conditions.
5 Matters not stipulated in these terms and conditions and the interpretation of these terms and conditions are subject to the Federal laws of the United States of America and the laws of the State of Texas.

Article 4 - Establishment of Use Contract
1 The service use contract (hereinafter referred to as the "use contract") is concluded when the person who wants to become a "member" agrees to the contents of these terms and conditions and the privacy policy, and the "Company" approves the registration of the person.
2 The "Company" may not accept the application of the person who applied for the subscription in Paragraph 1 (hereinafter referred to as the "subscription applicant") in accordance with Article 5 if there is a reason stipulated in Article 5 for the application, and if the reason stipulated in Article 5 is confirmed even after joining, the consent may be canceled or the contract of use is terminated.

 

Article 5 - Restrictions on Acceptance of Use
1 In principle, the "Company" accepts the use of the "Service" for the applicant's application. However, the "Company" may restrict the acceptance of applications that fall under any of the following subparagraphs, and may terminate the use contract afterward:
1.    If you apply falsely using someone else's name or using someone else's name.
2.    If you do not submit the required materials and information set by the "Company" or submit it falsely.
3.    If the applicant is under the age of 18.
4.    If the applicant has previously lost his/her "Membership" status under these Terms and Conditions.
5.    If the applicant is expected to interfere with the normal provision of the service or interfere with the use of the service by other “users”.
6.    If you use fraudulent methods on the service, such as exploiting malware and bugs or exploiting system vulnerabilities.
7.    When one ID is used jointly by multiple individuals.
8.    If you suspect an abnormal or fraudulent payment.
9.    If you steal the service without your prior consent (create your image, arbitrarily adjust the expiration date, etc.).
10.    If the other "Company" admits that there is a possibility that it is clearly against social order and good morals based on relevant laws and regulations, etc.
11.    If the application requirements set by the "Company" are not satisfied.
2 In the application under Paragraph 1 of this Article, the "Company" may request real-name authentication and real-name account authentication through a specialized institution.
3 The "Company" may manage and supervise the application for use in accordance with each subparagraph of paragraph 1 of this Article.
4 The "Company" may delay or suspend the acceptance of applications falling under any of the following subparagraphs.
1.    If it is not possible to provide "service" due to technology or if the capacity of service-related facilities is insufficient
2.    In the case of a failure in the "service" or a failure in the payment method for the "service" usage fee
3.    Other cases that the "Company" deems it financially or technically necessary.

Article 6 - Cancellation and Restriction of Use Contract, etc.
1 "Member" may terminate the contract of use at any time by notifying the "Company" of the termination notice.
2 You can apply for the termination of the contract on the withdrawal page, and re-registration may be restricted for 14 days after withdrawal.
3 The "Company" may terminate the contract of use if there are the following reasons. In this case, the "Company" will notify the "Member" of the termination by revealing the reason for termination by e-mail, telephone, fax, or other means. However, the "Company" may give the "member" an opportunity to express their opinion on the reason for termination.
1.    If it is confirmed that there is a reason for the acceptance of the contract of use stipulated in Article 5, Paragraph 1.
2.    If the "Member" has committed an act that infringes the rights, honor, credit, or other legitimate interests of the "Company" or other "member" or others.
3.    If the "Member" commits any act that violates these Terms and Conditions and the policies of the "Company" or if there is a reason for termination as stipulated in these Terms and Conditions.
4.    If you have not used the service for more than 1 year.
4 The contract of use is terminated when the "Company" notifies the "member" of its intention to terminate. In this case, the "Company" will send the termination notice to the e-mail address registered by the "member" or post it on the "Company" bulletin board.
5 If the "Company" keeps the gold or silver owned by the "Member" at the time of the termination of the contract of use, the "Company" will sell the above gold or silver at the market price under Article 17 and transfer the sale price to the bank account designated by the "Member" in advance or registered on the site of the "Company". At this time, the fees and tax and utilities of Article 19 may be deducted from the above sale amount.
6 In relation to Paragraph 5, if the "Member" does not designate or register the bank account to receive the remittance, and the "Company" is unable to identify the bank account of the "Member" in light of the usual trading practices, Article 22 (2) shall be applied unless the aforementioned deficiency is timely resolved by "Member" within a reasonable timeframe.

Article 7 - Obligations for Member's ID and Password
1 The "member" is responsible for managing the ID and password.
2 “Members” must not allow third parties to use their IDs and passwords.
3 If the "Member" is aware that his/her ID and password have been stolen or that a third party is using it, he/she shall immediately notify the "Company" and follow the "Company" if there is any action.
4 The "Member" is responsible for all disadvantages arising from the failure of the "Member" to notify pursuant to Paragraph 3 or to comply with the measures of the "Company".

Article 8 - Obligations of Members
1 The "member" shall comply with the matters notified or announced by the "Company" such as the relevant laws and the provisions of these terms and conditions, the "Company"'s policy, and usage guide, and shall not engage in other acts that interfere with the work of the "Company".
2 "Members" shall not engage in any of the following acts in relation to the use of the "Service".
1.    Registration of false content when applying for or changing the "service".
2.    Infringement of intellectual property rights such as copyrights of the "Company" or third parties.
3.    Damage the reputation of the “Company” or a third party or interfere with the business.
4.    Disclosing or posting obscene or violent messages, images, voice, or other information contrary to public order and morals.
5.    Acts in which the contents of the customer center consultation are profanity, abusive language, sexual harassment, false facts, etc.
6.    Unconducive collection or use of sales promotion or customer compensation means provided by the "Company", such as coupons, etc.
7.    Using the service for fraudulent purposes through false orders, false reviews, etc.
8.    Transferring or renting your ID, password to a third party, etc.
9.    Reproduction, disassembly, imitation or other modification of the “Service” through reverse engineering, decompiling, disassembling, and any other processing activities.
10.    Using the "Service" in a way other than the normal use of the "Service" to interfere with the "Company"'s normal service by using the "Service" by means, using an automatic access program, other physical or electronic means, or entering abnormal commands or information, and disrupting the "Company"'s normal service.
11.    Other acts that violate relevant laws and regulations
3 The "Company" may take measures to restrict the use of the service in accordance with Article 11 of these Terms and Conditions if the "Member" has committed a prohibited act in Paragraph 2 of this Article.

 

Article 9 - Restrictions on use, etc.
1 The "Company" may immediately take measures such as caution, warning, suspension, permanent suspension of use, termination of contract, etc. if the "Member" violates the obligations of these Terms and Conditions or interferes with the normal operation of the "Service", and the "Member" shall bear the legal responsibility for the violation of the obligation.
2 The "Company" may immediately take measures such as caution, warning, pause, permanent suspension, termination of contract, etc. in case of violation of relevant laws such as identity theft and payment theft, phone number theft, data protection, privacy and money laundering, etc." in violation of the Federal laws of the United States of America and of the State of Texas, and the overrun of access rights, the "Member" may be liable in this regard.
3 The “Company” may restrict the use of the “Member” information for the protection and the efficiency of its operation if the “Member” does not log in for more than one year.

Article 10 - Notice to Members
1 If the "Company" gives a notice to the "Member", it can be made with the e-mail address or mobile phone number submitted to the "Company" when the "Member" applies for membership.
2 In the case of notices to an unspecified number of “members", the “Company” may substitute for individual notices by posting them on the “Site” for more than one week.

Article 11 - Obligations of the Company
1 The "Company" does not engage in any acts prohibited by the relevant laws and these terms and conditions or contrary to good morals, and will do its best to provide "service" continuously and stably.
2 The "Company" establishes, discloses and complies with the personal information processing policy to protect personal information (including credit information) so that "members" can safely use the "service".
3 The "Company" complies with the obligations stipulated by the relevant laws and regulations.
4 The "Company" may not disclose or distribute the member's personal information acquired in connection with the provision of the "Service" to others without the consent of the person, and may not use it for any purpose other than the "Service" related work. However, exceptions apply to any of the following cases.
1.    01. If there is a request based on the due process of a national institution in accordance with the provisions of laws such as the Framework Act on Telecommunications, the Framework Act on Consumers, and the Criminal Procedure Act
2.    02. If there is a request from a related institution for the purpose of investigation of a crime
3.    03. If there is a request in accordance with the procedures stipulated by other relevant laws and regulations
5 The "Company" conducts monitoring at all times to check whether or not to use the "Service" for the purpose of providing the "Service".
6 The “Company” introduces and complies with the Customer Verification System (KYC) and the Anti-Money Laundry (AML) to prevent the “Service” from being used in illegal transactions such as money laundering.

Article 12 - Terms and Conditions and Conditions of Use for individual services
1 The "Company" may have separate terms and conditions and usage policies related to individual services, and the consent to the terms and conditions that are applied separately in the individual service will go through a separate consent procedure if the "member" uses the individual service for the first time. In this case, the terms and conditions for the individual services will take precedence over these terms and conditions.
2 Notwithstanding the preceding paragraph, the "Company" may notify the use policy for individual services through the "Service", and the "Member" must familiarize themselves with the use policy and comply with it.

Article 13 - Provision and Change of Service
1 The “Company” provides the following services

1.    Sale of coin or bar-shaped products made in gold or silver
2.    Delivery of products in the form of coins or bars made of gold or silver
3.    Sale and storage of gold or silver
4.    Purchase of gold or silver in No. 3
5.    Providing the services of No. 1 and No. 2 to US Dollars, which will be received by "members" through the service of No. 4
6.    Provision of market information such as market prices for gold or silver
7.    Other services determined by the "Company"

2 The service of Paragraph 1 (3) means that the "member" who has purchased gold or silver from the "Company" does not receive the gold or silver directly and is not directly received by the "Company" (the person entrusted by the "Company") to keep it.
3 The "Company" may change or discontinue all or part of the “Service” provided in accordance with operational and technical needs, such as changes to the “Company” policy related to the provision of the “Service”, including the following cases.

1.    In case of unavoidable circumstances due to construction such as repair of facilities for "service".
2.   If there is a disruption to normal service use due to power outages, failures of all facilities, or heavy usage.
3.   In case of unavoidable circumstances due to construction such as repair of facilities for "service".
4.   If there is a disruption to normal service use due to power outages, failures of all facilities, or heavy usage.
5.   If the service cannot be maintained due to the circumstances of the "Company" such as the termination of the gold or silver product storage contract, etc.
6.   If there is a force-majeure reason such as a natural disaster or a national emergency.
7.   If there is a business or technical reason that is unable to maintain other services.

4 If there is a change or interruption of the "Service" regarding the content, usage method, and usage time, the content, reason and date of the "Service" to be changed or discontinued shall be notified in advance in a way that the "Member" can be fully aware, such as the "Notice" screen in the "Site" or "Service" before the change or interruption.
5 Notwithstanding Paragraph 4, the "Company" may notify afterward if it is difficult to notify in advance due to unavoidable circumstances, and the "Company" is not responsible if prior notice is not possible due to the interruption of the "Service" (failure without intentional or negligence of the "Company", system down, etc.) in the case of a member who refuses to receive e-mail or reasons that the "Company" cannot control.
6 The "Company" shall not be liable for any damage to the "member" caused by the interruption of the "service" in Paragraph 3 of this Article unless there is intentional or negligence.

Article 14 - Service Hours and Discontinuation
1 In principle, the use of the "Service" is 24 hours a day, 7 days a week, as long as there is no special obstacle to the "Company"'s business or technology. However, the day or time set by the "Company" for regular inspections, etc. is excluded. The regular inspection time is as announced to the "user" by the "Company" through the "site".
2 The "Company" may suspend the "Service" by setting the necessary period for the smooth performance of the "Service" in advance. However, if you inevitably need urgent action, you may be notified afterward.
3 The "Company" may temporarily suspend the provision of the "Service" in the event of reasons such as repair, inspection, replacement, failure, or interruption of communication of information and communication facilities such as computers.

 

Article 15 - Use of Service
1 In accordance with Article 4 of these Terms and Conditions, the "Member" who has been approved to use the "Service" accesses the "Site", enters the ID and password, and logs in.
2 “Members” can choose the desired service from the “Site” to receive the desired service.
3 The "member" can deposit cash into the virtual account provided by the "Company" to use the "service", and in some cases, the "member" can receive the withdrawal through the account in the name of the "member".
4 If the "Company" determines that the normal use of the "Service" of the "Member" or the normal operation of the "Site" of the "Company" is difficult due to the failure, error, malfunction, failure of the "Company" of communication, electronic signals and transmission and transmission and receiving data, and rapid change of the "Service" may take all measures to prevent the expected damage to the "Company" and "Member", including suspending or restricting the use of the "Service" of the "Service" of the "Member".

Article 16 - ACH direct-debit users
In order to use the ACH (automated clearing house) direct-debit payment functionality of Aktagold’s application (available to U.S. bank account holders only), you must open a "Dwolla Account" provided by Dwolla, Inc. and you must accept the Dwolla Terms of Service and Privacy Policy. Any funds held in or transferred through your Dwolla Account are held or transferred by Dwolla's financial institution partners. You must be at least 18 years old to create a Dwolla Account. You authorize us to collect and share with Dwolla your personal information including full name, date of birth, social security number, physical address, email address and financial information, and you are responsible for the accuracy and completeness of that data. You understand that you will access and manage your Dwolla Account through our application, and Dwolla account notifications will be sent by us, not Dwolla. We will provide customer support for your Dwolla Account activity, and can be reached via email at info@aktagold.com or dialing +1 844-448-8700.

Article 17 - Determination of the selling price
The “Company” sets and displays the unit of sale based on the troy ounce unit, considering that gold or silver is set in the international market price in Troy ounces (T.oz.).

1 Determination of the base price
1.    01. The "base price" is KITCO Metals Inc. KITCO international gold price, KITCO international silver price (hereinafter referred to as "KITCO international market price") is the price per unit of sale of the product, and the price that the "Company" notifies the "user" at the time of transaction.
※ Base price
Base price [$/T.oz.]
= KITCO International Price [$/T.oz.] × 0.9999 
2.    02. The "transaction point" in No. 1 refers to the time when the "Company" receives a buy order from the "user" and the transaction is completed and the price is calculated.
3.    03. “KITCO International Market Price” in No. 1 is a market price commonly used in the international precious metals market and at the time of trading, KITCO Metals Inc. This refers to the US dollar price per 1 T.oz. (troy ounce) of gold or silver.

2 Determination of the sale price
1.    01. The sale price between the "Company" and the "user" is determined as follows.
When selling (When “Company” sells to “User”) Price = Base Price × Weight × (1 + Premium)
When buying (When “Company” buys from “User”) Price = Base Price × Weight × (1 – Premium)
2.    02. “Premium” is subject to the rate notified by the “Company” to the “Site” and is subject to change at a later date.

 

Article 18 - Collection of Value Added Tax
The "Company" may collect value-added tax from the "Member" in accordance with the relevant laws and regulations in addition to the sales price stipulated in Article 17 in accordance with the "Service" used by the "Member".

 

Article 19 - Service Fees
The "member" pays the fee according to the service provided by the "Company". The service fee is specified in the "Product Description" or "Notice" of the "Site" of the "Company".
 

Article 20 - Method of Payment 
1. If the "Member" buys gold or silver from the "Company", the "Member" shall pay the amount equivalent to the prescribed purchase price in Article 17, the value added tax set in accordance with Article 18, and the service fee in Article 19 (hereinafter collectively referred to as the "buy price") to the "Company" at the time of purchase. At this time, the payment of the purchase price uses the virtual account provided by the "Company" to the "Member".

2. At the time of purchase in Paragraph 1, the full amount of the purchase price must be deposited into the virtual account provided by the member to purchase gold or silver
3. If the "Member" does not receive it directly and sells the gold or silver entrusted to the "Company" to the "Company", the "Company" deposits the amount corresponding to the prescribed sale price of Article 17 calculated at the time of conclusion of the contract of sale to the "Member" to the bank account used for the deposit when the purchase of gold or silver from the "Member" within 3 business days from the date of purchase of the above gold or silver.

Article 21 - Precautions
Due to the nature that the sale price of gold or silver is bound to fluctuate from time to time according to the international gold price, it is not possible to cancel or correct the sale of gold or silver.

Article 22 - Termination of Service
1 If the "Company" wants to terminate the "Service", the "Company" may terminate the "Service" after notifying the "Site" 3 months before the date of termination and notifying the "Member" through the e-mail of the "Member".
2 The "Company" deposits the money that the "member" has deposited into the virtual account to purchase gold or silver by the end date of the "service", but the money that has not been found will remain in the virtual account until the "member" arrives. However, if the existence of the virtual account is not easy or there is an excessive cost of the existence compared to the amount deposited, it can be deposited to the court or replaced by other appropriate means.
3 In the case of gold or silver that the "Member" does not receive directly after purchase and entrusts it to the "Company", there is no effect on the ownership of the "Member" over the gold or silver even if the "Service" is terminated. At this time, the “member” may exercise ownership to the person entrusted to the storage by the “Company” or the “Company”.

Article 23 - Coupon
1 Coupons are paid to "members" according to the "Company”’'s business policy such as events and promotions of the "Company", and the validity period, discount amount, and how to use each "coupon" can be checked through individual information.
2 Coupons cannot be refunded in cash, and they expire when the validity period shown on the discount coupon expires or the contract of use is terminated.
3 If it is confirmed that the "Member" obtains or uses coupons, etc. for fraudulent purposes and methods, the "Company" may collect or destroy the coupons for the "Member" or restrict the "Member" status.
4 The provision and operating policy of the coupon may vary depending on the policy of the "Company".

 

Article 24 - Protection of Personal Information
1 The "Company" complies with the relevant laws and regulations such as the Information and Communication Network Act and the Personal Information Protection Act in order to protect the personal information of the "user".
2 The "Company" establishes a personal information processing policy to protect the personal information of the "user" and posts it on the initial screen of the service. However, the specific contents of the personal information processing policy can be viewed through the connection screen.
3 The "Company" strives to protect the personal information of the "User" as much as possible in accordance with the relevant laws and personal information processing policy.
4 The "Company"'s privacy policy does not apply to the linked "Site" other than the official "Site" of the "Company". Regarding the handling of the personal information of the linked "site" and the third party that provides the purchased products or services, the "user" is responsible for checking the "site" and the privacy policy of the third party, and the "Company" is not responsible for this.

 

Article 25 - Attribution of Rights
1 All rights, such as intellectual property rights to the "Service" belong to the "Company".
2 The design of the "Service" provided by the "Company", the copyright and other intellectual property rights related to the "Service" related to the "Service" such as text, scripts, graphics, etc. made by the "Company", the "Company" are owned or used by the "Company" in accordance with the laws of the Republic of the United States of America, the State of Texas, and foreign countries.
3 The "User" does not own the service or retain the copyright on the "service" due to these terms and conditions, but is permitted to use the service by the "Company", so the "user" can use the "service" only for information acquisition or personal use.
4 The “User” may not copy or distribute text, scripts, graphics, etc. created by the “Company”, including the use, copy, or distribution of information obtained through the “Service” for commercial purposes, except as expressly permitted.
5 The "Company" grants only the "Member" the right to use the account, ID, content, etc. according to the conditions of use set by the "Company" in relation to the service, and the "Member" shall not use the information obtained by using the "Service" for commercial purposes by reproduction, transmission, publication, distribution, broadcasting, etc. or other means without the prior consent of the "Company", or provide it to a third party for use, transfer, sale, or collateral purposes.

 

Article 26 - Disclaimer
The “Company” is not responsible for any losses incurred by customers due to fluctuations in international gold prices, product prices and exchange rates.

Article 27 - Limitation of Liability
1 The "Company" is exempted from liability for the provision of services if it is unable to provide the "Service" due to natural disasters or force majeure equivalent thereto.
2 The "Company" is not responsible for any failure to use the "Service" due to reasons attributable to the "User".
3 The “Company” shall not be liable for any obligation or any other responsibility to monitor the content and quality of the products or services advertised by a third party on the screen or through the linked website.
4 The "Company" is not responsible for the loss of revenue expected by the "Member" using the "Service", and is not responsible for any damage caused by data obtained through other services.
5 The "Company" is exempted from liability if it makes a transaction between a "member" or a "member" and a third party through the service.
6 The executives, employees and agents of the “Company” and the “Company” shall not be liable for any damages arising from the following matters, unless there is intentional or gross negligence.
1.    01. Damages due to falsehood or inaccuracy of “member” information
2.    02. Damage caused by the reason attributable to the "user" in the process of accessing the "service" and using the "service"
3.    03. Any damage arising from any unlawful access by a third party to the server or unlawful use of the server and damages arising from preventing or preventing the illegal activities of third parties
4.    04. Damage caused by any viruses, spyware, and other malicious programs that have caused any third party to illegally transmit, distribute, or transmit, or distribute the Service.

Article 28 - Prohibition of Transfer
The "Member" may not transfer, gift, sell, or provide collateral to others with the right to use the service or other status under these terms and conditions.

Article 29 - Resolving Disputes
1 The "Company" will deal with complaints and opinions submitted from the "User" first. However, if it is difficult to process quickly, we will notify the "user" of the reason and the processing schedule.
2 If there is a request for damage relief of the "user" in relation to the e-commerce dispute between the "Company" and the "user", it may be in accordance with the mediation of the dispute mediation agency requested by the Fair-Trade Commission.

 

Article 30 - Governing Law and Court of Jurisdiction
1 The interpretation of these terms and conditions and disputes between the "Company" and the "user" shall be governed by the laws of the United States of America.
2 Any lawsuit between the "user" and the "Company" that occurred while using the service will be filed with the competent court under the Civil Procedure Act.

bottom of page