The “Company” shall mean FDR CAPITAL LLC, a limited liability company incorporated under the laws of the State of New York, having its registered office at 300 Park Avenue, 12th floor, New York, NY 10022, with registration number 150604000, duly represented herein by Mr. Maxime BATEL, its Manager.
Any use of services accessible from the Website implies the unconditional acceptance of the Terms by the person accessing the Website (hereinafter the “User”).
The purchase and selling of the precious metals on the website is restricted to a person who is 18 years or older and/or a legal person who/which registers on the Website and who places an order for the purchase of physical gold or silver (hereinafter the “Client”).
The Terms can be adapted or modified at any time by the Company.
1. Data Protection
The Company will not disclose to any third party the information provided by Users on the Website. This information is treated as confidential and will only be used to enhance and personalize the communication, including information letters / emails as part of customizing the Website according to the preferences identified by Users. The Company shall not sell and shall not lend the personal data of its Users to third parties.
This article shall not prevent the sale or transfer of activities to third parties. The User can exercise his/its right of access to the file and his/its right to correct or delete personal information by sending a request to firstname.lastname@example.org (indicating e-mail address, name, and mailing address), or by mail to the following address: FDR CAPITAL LLC, 300 Park Avenue, 12th floor, New York, NY 10022.
2. Property Rights
The data, content and information provided by the Company on the Website and all written material, sounds and graphic illustrations thereon are the exclusive property of the Company. Reproduction or representation, integral or partial, of the pages, data, video or any other component that makes up the Website, by whatever process or support, is authorized, provided the source is acknowledged “Goldbroker all rights reserved” accompanied by a link to the website www.goldbroker.com or to the page. The contents of the Website may however be downloaded, printed or copied for personal and non-commercial use.
3. Authorized Use
The Website may only be used in accordance with the Terms and Users may only make use of the Website for lawful purposes, i.e., respecting all laws, regulations and practices in force in the State of New York or the State of country from which the Website is accessed.
Users agree and undertake not to:
• Publish, transmit or disseminate any harmful, obscene, defamatory or illegal information on this Website or use this Website in a manner likely to cause prejudice to the rights of others;
• Use software, "routine" or device to interfere or attempt to interfere with the proper working of the Website, either manually or electronically, by any means whatsoever, including downloading or giving an access to files containing corrupted data or viruses;
• Damage, alter or change the graphic aspect of the Website or the software code constituent thereof;
• Take any action likely to result in an unreasonable or disproportionately traffic on the Website or related infrastructure;
• Obtain or attempt to obtain unauthorized access to any of the Company’s networks, and this by any means whatsoever.
4. Website Modification
The Company reserves the right to make improvements or changes to the information, services, products and other elements of the Website. The Company also reserves the right to modify the Terms at any time, the changes of which shall become immediately applicable, as soon as they are posted therein.
By continuing to access or to use the Website Users are deemed to have accepted the changes to these Terms.
5. Limitation of Liability
The Company shall not be liable for any damages of any nature whatsoever, direct or indirect, special, punitive or consequential damages, resulting from access to this Website or use of, or any information contained on this Website.
All kinds of damages, including loss of profits, whether or not related to the parties, contractual or otherwise (including negligence), or resulting from the responsibility of a product, even if the Company was advised of the possibility of such damage are excluded.
6. Exclusion of Warranties
Within the limits of what is accepted by law, the Company excludes all warranties regarding the information, services and material on this Website. The information, services and materials are provided "as they are" and without any warranty.
Users can oppose the registration of cookies by setting the browser accordingly. However the blockage of cookies is likely to prevent the proper operation of the Website.
8. Money Laundering
The Client will abstain from making any operation, through the intermediary of the Company that could be construed as money laundering and declares that the remittance of all and any funds which have been or which at any time in the future may be remitted for the account of the Company does not and will not constitute a money laundering offence as defined in the Bank Secrecy Act as amended by the Patriot Act and that the funds are not of illicit origin or otherwise derived from any criminal activity.
The Client hereby guarantees that the funds used for the transaction have been duly declared to the fiscal authorities of his/her country of residence and/or citizenship.
The Client will not be permitted to purchase precious metals using a bank transfer from a third-party account.
For this purpose, any User who wishes to buy precious metals from the Company must provide a copy of his passport and a proof of address.
9. Governing Law and Arbitration
The Terms and the legal relations resulting from their acceptance shall in all respects be governed by and interpreted in accordance with the laws of the State of New York.
Any dispute, controversy or claim arising out of or relating to the Terms, or the breach, termination or invalidity thereof, shall be settled by arbitration in accordance with the International Arbitration Rules of the International Centre for Dispute Resolution.
The number of arbitrators shall be one. The place of arbitration shall be [New York]. The language to be used in the arbitral proceedings shall be English.