YOU MUST READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE ACCOUNT. BY REGISTERING TO USE THE ACCOUNT, ACCESSING THIS WEBSITE, THE PAGES CONTAINED ON IT, AND THE PRODUCTS, SERVICES, INFORMATION, TOOLS, ACCOUNTS AND MATERIAL CONTAINED OR DESCRIBED HEREIN (‘ Internet Site’), YOU SHALL BE DEEMED TO HAVE ACCEPTED AND BE BOUND BY ALL THESE TERMS AND CONDITIONS.
- Virgin Gold Mining Corporation ('VGMC' which expression shall, where the context allows or requires, include its successors and assigns) shall provide subject to these Terms and Conditions online services and facility from time to time (the 'Account') through any Internet site established, operated and/or maintained by or on behalf of VGMC ('Internet Site') to enable shareholders (each a 'Shareholder' which expression shall, where the context requires, include any personal representative or lawful successor of the Shareholder) to give instructions to and communicate with VGMC for the purposes of conducting investment and other transactions and dealings of various nature and obtaining services, products, information, goods, benefits and privileges from VGMC.
- As part of the Account, VGMC may make available via any Internet Site financial, market or other information and data ('Information') supplied by any person (each an 'Information Provider' which expression shall include any person who supplies any information to an Information Provider) and may provide reports compiled from Information in any form, medium or means ('Reports').
- VGMC has the right to determine and vary from time to time the scope and type of the Account to be made available including, without limitation : -
- expanding, modifying or reducing the Account at any time;
- imposing and varying any restrictions on the use of the Account such as minimum and maximum amount with respect to the value of any transaction or dealing or any type of transactions or dealings which the Shareholder may conduct by using the Account;
- prescribing and changing the service hours during which the Account are available and any cut-off time for any type of transactions. Any transaction of the Shareholder received by VGMC after any applicable cut-off time shall be deemed to be received on the next business day. VGMC may specify business day and cut-off time ; and
- reducing or re-setting a transaction limit (whether designated by the Shareholder or VGMC) to a lower value or down to zero if the Shareholder has not utilized the relevant Account(s) for a period of time that VGMC may designate from time to time.
- Governing Terms and Conditions
- Use of the Account
- To access the Account for the first time, the Shareholder is required to register online and indicate his acceptance of all the terms and conditions governing the use of the Account and to provide such information as VGMC may reasonably specify for identifying him.
- By registering to use the Account, the Shareholder warrants that all information provided by the Shareholder to VGMC in relation to the Account is true, complete and up-to-date.
- The Account is for the sole and exclusive use by the Shareholder.
- The Shareholder shall not use or knowingly allow any other person to use the Account, the Information and/or the Reports for or in connection with any illegal purpose or activity. The Shareholder shall notify VGMC as soon as practicable if he becomes aware of such use.
- Any exchange rate, interest rate, dealing rate and other prices and information quoted by VGMC on the Internet Site(s) or otherwise in response to an online inquiry is for reference only and is not binding. Any rate, price and information offered by VGMC for the purpose of the relevant transaction shall be binding on the Shareholder upon the Shareholder confirming his acceptance irrespective of any different rate, price or information quoted by VGMC.
- The Shareholder acknowledges that there may be a time lag in transmission of transaction, information or communication via the Internet.
- Username, Password and Security Questions
- The Shareholder shall follow the guidance provided by VGMC online in designating the user identification code (the 'Username') and the password ( the 'Password') and other credentials (if any) VGMC may prescribe for identifying the Shareholder for the purposes of the Account. VGMC may require the Shareholder to designate more than one Username, Password and/or Credentials.
- The Shareholder may change the Password at any time but any change shall be effective only if accepted by VGMC.
- VGMC may, in its sole discretion require a Shareholder to answer Security Questions to access the Account in the event of which it is the sole responsibility of the Shareholder to select the preferred Security Questions upon 1st time login to the account.
- Each Username, Password, Credential and Security Questions shall herein be referred to as an "Identifier" and collectively "Identifiers".
- The Shareholder shall act in good faith, exercise reasonable care and diligence in keeping all the Identifiers and the Security Questions in secrecy. At no time and under no circumstances shall the Shareholder disclose any Identifier to any other person or to allow the answers to the Security Questions to come into knowledge of any other person.
- The Shareholder shall be fully responsible for any accidental or unauthorized disclosure of any Identifier to any other person and shall bear the risks of any Identifier and/or the Security Questions being answered by unauthorized persons or for unauthorized purposes.
- Upon notice or suspicion of any Identifier being disclosed to, and/or the Security Questions being compromised by any unauthorized person or any unauthorized use of the Account being made, the Shareholder shall notify VGMC as soon as practicable by using the messaging system or email at such email address(s) as VGMC may from time to time prescribe (and VGMC may ask the Shareholder to confirm in writing any details given) and, until VGMC's actual receipt of such notification, the Shareholder shall remain responsible for any and all use of the Account by unauthorized persons or for unauthorized purposes.
- Shareholder 's Transactions
- The Shareholder is required to quote any one or more of the Identifiers as shall be prescribed by VGMC from time to time in order to log-on to the Account and do transactions through online facilities. Transactions in connection with the Account shall not be considered to be received by VGMC unless they are given in such manner as VGMC may prescribe from time to time and until VGMC has actually received them.
- Any transaction in connection with the Account by quoting the Identifiers as prescribed by VGMC, once given, may not be rescinded or withdrawn without the consent of VGMC. All such transactions, as understood and acted on by VGMC in good faith, shall be irrevocable and binding on the Shareholder whether given by the Shareholder or by any other person purporting to be the Shareholder. VGMC shall be under no duty to verify the identity or authority of the person doing such transaction or the authenticity of such transaction apart from verifying the Identifiers provided or submitted.
- VGMC will only act on a transaction insofar as it is in VGMC’s opinion practicable and reasonable to do so and in accordance with its regular business practices and procedures.
- Advice or confirmation that a transaction has been received and/or a transaction has been effected through the Account will be provided by VGMC online. Such advice or confirmation shall be deemed to have been received by the Shareholder immediately after transmission and it is the duty of the Shareholder to check such advice or confirmation. It is also the duty of the Shareholder to enquire with VGMC if the Shareholder does not receive an advice or confirmation within the time usually required for a similar advice or confirmation to be received.
- Information relating to any account or transaction made available on the Internet Site(s) are for reference only. VGMC's records of such account and transaction shall be conclusive unless and until the contrary is established.
- Where VGMC knows of or suspects a breach of security or other suspicious circumstances in respect of or in connection with the operation of one or more of the accounts of the Shareholder or the Account generally, VGMC may, in its absolute discretion and without any liability, refuse to act on or delay acting on the transaction and in that event, VGMC will, to the extent possible, inform the Shareholder as soon as practicable.
- Shareholder's Undertakings and Responsibilities
- The Shareholder shall provide such information as VGMC may from time to time reasonably request for the purposes of providing the Account. The Shareholder shall also ensure that all information provided to VGMC is at all times accurate, complete and up-to-date including, without limitation, the Shareholder’s address and other contact details.
- Shareholder understands that VGMC needs to and so authorizes VGMC to process, share, store or transmit information about the Shareholder, the Shareholder’s account(s) and/or the transaction(s) executed by VGMC on the Shareholder’s behalf within the VGMC network or with any institution or agent or third party used by VGMC in connection with the Account. VGMC undertakes that any such processing, sharing, storage or transmission of information will be done on a confidential basis and VGMC will endeavor to maintain the strict confidentiality of such information within the VGMC network unless (a) otherwise required or permitted by any applicable law, regulation or request of any public or regulatory authority; or (b) disclosure is required for the purposes of preventing fraud; or (c) VGMC deems disclosure necessary to provide the Account.
- The Shareholder shall not, and shall not attempt to decompile, reverse-engineer, translate, convert, adapt, alter, modify, enhance, add to, delete or in any way tamper with, or gain access to, any part of the Account or any Internet Site or any software comprised in them.
- The Shareholder acknowledges that it is the responsibility of the Shareholder to determine independently market prices and rates for trading purposes through his usual trading channels, to verify any Information and/or Report before relying or acting on it and to seek independent professional advice on legal, tax and other issues in connection with the use of the Account, the Information and the Reports, these Terms and Conditions and any transactions and dealings which may affect the Shareholder under all applicable laws.
- Information and Information Providers
- The Shareholder acknowledges and agrees that the Information, the Reports and their form, format, mode or method of compilation, selection, configuration, presentation and expression (collectively 'Confidential Information') are trade secrets and confidential and proprietary property of VGMC and the respective Information Providers.
- Unless expressly permitted by these Terms and Conditions, the Shareholder shall not, and shall not attempt to : -
- sell, transfer, disclose, assign, convey, lease, sub-license, share, loan, distribute, transmit, broadcast, cablecast, put in circulation, download, reproduce, duplicate or otherwise provide or disseminate any Confidential Information in any form or by any means to any other person or commercially exploit any Confidential Information;
- remove, obliterate, erase, relocate or modify in any way any proprietary marking on or appearing with the Confidential Information including, without limitation, any trademark or copyright notice; or
- incorporate or combine the Confidential Information with any other programs.
- The restrictions on disclosure shall not apply to any Confidential Information : -
- where its disclosure is compelled by law but only to the extent required by law and only after written notice of the requirement to disclose has been given by the Shareholder to VGMC; or
- where VGMC has expressly agreed in writing to its disclosure.
- The Shareholder agrees that all right, title and interest in and relating to the Confidential Information and any and all related copyright, patent, trademark, service mark, proprietary property, trade secrets and exclusive works are and shall remain the exclusive property of VGMC and the respective Information Providers. No right, title or interest other than the right to access the Information and the Reports subject to these Terms and Condition is conveyed or transferred to the Shareholder. The Shareholder shall not make any representation or do any act which may be taken to indicate that the Shareholder has any such right, title or interest.
- An Information Provider may impose from time to time terms and conditions in relation to the availability of any Information supplied by it. Access to such Information by the Shareholder on or after the effective date, subject to prior notification, of such terms and conditions shall constitute the Shareholder's acceptance thereof.
- The Information and the Reports are made available for reference only and are not intended for trading or other purposes. Neither VGMC nor any Information Provider shall be considered an investment adviser to the Shareholder.
- Neither VGMC nor any Information Provider warrants, represents or guarantees the sequence, accuracy, truth, reliability, adequacy, timeliness or completeness of any of the Information or the Reports or whether it is fit for any purpose. Nor does either of them assume any liability (whether in tort or contract or otherwise) for any reliance on the Information or the Reports by the Shareholder or any other person.
- The Information will be made available as it is supplied and identifying the Information Provider directly supplying it to VGMC. VGMC does not endorse or express any comment on any Information supplied by any Information Provider nor assume any duty to check or verify any Information.
- No warranty, representation or guarantee of any kind relating to the Information and/or the Reports is given or may be implied and no employee or agent of Shareholder or any Information Provider is authorized to give any such warranty, representation or guarantee.
- Liabilities of VGMC
- VGMC will take reasonably practicable steps to ensure that its systems in connection with the Account are installed with adequate security designs and to control and manage the risks in operating the systems, taking into account any law, rules, regulations, guidelines, circulars, codes of conduct and prevailing market practices which may be applicable to VGMC from time to time.
- None of VGMC or any Information Provider warrants or represents that the Account, the Information and the Reports are free from virus or other destructive features which may adversely affect the Shareholder's hardware, software or equipment.
- Unless Clause 10(b) applies or due to the gross negligence or willful default of VGMC or their respective officers or employees and only to the extent of direct and reasonably foreseeable loss and damage (if any) arising directly and solely therefrom or the amount of the relevant transaction (whichever is less), VGMC would not assume any liability or responsibility to the Shareholder or any other person for the consequences arising from or in connection with : -
- use of the Account (including, without limitation, the use of the Security Questions) and/or access to any information as a result of such use by the Shareholder or any other person whether or not authorized;
- any interruption, interception, suspension, delay, loss, unavailability, mutilation or other failure in providing the Account (including, without limitation, any interruption, interception, suspension, delay or failure to generate the Security Questions), in transmitting transactions or information relating to the Account or in connecting with the Internet Site(s) caused by any acts, omissions or circumstances beyond the reasonable control of VGMC including, without limitation, failure of any communication network, act or omission of any third party service providers, mechanical failure, power failure, malfunction, breakdown, or inadequacy of equipment, installation or facilities, or any law, rules, regulations, codes, directions, regulatory guidelines or government order (whether or not having the force of law); and
- transmission and/or storage of any information and/or data relating to the Shareholder, the Account and/or transactions or dealings conducted by the Shareholder pursuant to the Account through or in any system, equipment or instrument of any communication network provider.
- In no event shall VGMC or any Information Provider be liable to the Shareholder or any other person for any incidental, indirect, special, consequential or exemplary damages including, without limitation, any loss of use, revenue, profits or savings.
- Liabilities of the Shareholder
- Unless Clause 10(b) applies, the Shareholder shall be fully liable and responsible for all consequences arising from or in connection with use of the Account (including, without limitation, the use of the Security Questions) and/or access to any Information or Report or any other information as a result of such use by the Shareholder or any other person whether or not authorized.
- Subject to Clause 4(g) and if, in the reasonable opinion of VGMC, there is no negligence, fraud or fault on the part of the Shareholder, the Shareholder shall not be liable for loss or misplacement of funds caused by unauthorized transactions conducted through the use of the Account as a result of : -
- a computer crime which should have been prevented by the risks control and management measures had VGMC adopted such measures in accordance with Clause 9(a);
- a human or system error of VGMC; or
- a missed or mis-directed payment caused by the gross negligence or willful default of VGMC, its officers or employees.
- The Shareholder shall indemnify VGMC, any Information Provider and their respective officers and employees against all liabilities, claims, demand, losses, damages, costs, charges and expenses of any kind (including, without limitation, legal fees on a full indemnity basis) which may be incurred by any of them and all actions or proceedings which may be brought by or against any of them in connection with the provision of the Account, the Information and/or the Reports or the exercise or preservation of VGMC's powers and rights under these Terms and Conditions, unless due to the gross negligence or willful default of VGMC, any Information Provider or their respective officers or employees or unless Clause 10(b) applies.
- Variation and Termination
- VGMC may, at any time, without giving notice or reason, suspend or terminate all or any of the Account or their use by the Shareholder.
- The Shareholder may terminate the use of the Account at any time by giving to VGMC prior notice.
- All provisions of these Terms and Conditions which in order to give effect to their meaning need to survive the suspension or termination of the Account and/or the use of the Account by the Shareholder shall remain in full force and effect after suspension or termination including, without limitation, Clauses 3(b), 4, 7, 8, 9 and 10. Notwithstanding such suspension or termination, the Shareholder shall continue to be bound by these Terms and Conditions to the extent that they relate to any obligations or liabilities of the Shareholder which remain to be performed or discharged.
VGMC may revise these Terms and Conditions and/or introduce additional terms and conditions at any time and from time to time. Any revision and/or addition to these Terms and Conditions shall become effective subject to VGMC giving reasonable notice to the Shareholder which may be given by posting it on the Internet Site(s) or by display, or other means as VGMC thinks fit, and shall be binding on the Shareholder if the Shareholder continues to maintain or use the Account on or after the effective date of variation.
- VGMC shall be entitled to prescribe, from time to time, the form of notice (whether electronic media or any other form) and the mode of communication with respect to each type of notice to be given pursuant to these Terms and Conditions.
Each of the provisions of these Terms and Conditions is severable and distinct from the others and, if at any time one or more of such provisions is or becomes illegal, invalid or unenforceable in any respect under the laws of any jurisdiction, the legality, validity or enforceability of the remaining provisions shall not be affected in any way.
No act, delay or omission by VGMC shall affect its rights, powers and remedies under these Terms and Conditions or any further or other exercise of such rights, powers or remedies. The rights and remedies under these Terms and Conditions are cumulative and not exclusive of the rights and remedies provided by law.
- Unless the context otherwise requires, 'person' includes an individual, firm, company, corporation and an unincorporated body of persons.
- In these Terms and Conditions, references to the singular herein include the plural and vice versa and clause headings are included for convenience only and do not affect its interpretation.
- Governing Law and Jurisdiction
- The Account and these Terms and Conditions shall be governed by and construed in accordance with the laws of Panama.
- Each of VGMC and the Shareholder submits to the non-exclusive jurisdiction of the Courts of Panama but these Terms and Conditions may be enforced in the Courts of any competent jurisdiction
- Governing Version
The English version of these Terms and Conditions shall prevail wherever there is a discrepancy between the English version and the Chinese version.
- Contact Information
VGMC welcomes your questions regarding the personal information we may collect and/or comments regarding this terms and conditions. Our contact details are as follows.
Jared Bahmani: email@example.com