You shall be subject to disclaimers (available by hyperlink) that made by Kanak Bullion, and to the other disclaimers contained in this user agreement and other policies applied by Kanak Bullion, which we encourage you to access and to read carefully. As well as, you represent and warrant to Kanak Bullion that you have sufficient experience and knowledge take decisions regarding purchases from us. You also expressly acknowledge that you are solely making all your own decisions with regard to purchases and / or sales, while Kanak Bullion does not make any recommendation about such purchases and / or sales. As well you expressly acknowledge that Kanak Bullion shall not bear any liability or responsibility with in respect of those risks, for which you have the sole responsibility. Those risks including but not limited to risks associated with products’ price volatility, particularly precious metals. Under certain market or other conditions (referred to technology or other disruptions), you may not be able to liquidate the purchased products or, liquidate the purchased products at prices acceptable to you.
Coins and bullions investments are not exempted from all investments involving risks. As the value of bullion coin is affected by many economic factors, including but not limited to bullion current market price and coins perceived scarcity and other factors. Other factors may include quality, current demand and general market sentiment. On the light of the aforementioned, bullion and coins can go down as well as up in value, therefore, their investments are not suitable for everyone. And since all investments, including bullion and coins, can decline in value, then you has to be very aware and understand them, and to have adequate cash reserves and disposable income before considering a bullion or coin investment.
You shall indemnify Kanak Bullion and its affiliates, directors, officers and stakeholders and hold them harmless from and against any or all costs, damages, expenses, liabilities or obligations, including but not limited to reasonable attorneys’ fees, that you may result out of, or in connection with
- Any breach of any representation or warranty you made to Kanak Bullion; or
- Any failure from your side in conformity with this agreement or policies adopted by us.
You are subject to the limitations of liability contained in this User Agreement, the Disclaimer and other policies applied by Kanak Bullion . Notwithstanding such limitations of liability, In the event that Kanak Bullion is determined to be liable to you in connection with any transaction between Kanak Bullion and you pursuant to this User Agreement, the liability of Kanak Bullion to you shall be limited to the greater of
- The amount, if any, that you paid in such transaction or
Otherwise and in any event, Kanak Bullion shall not be liable for any consequential, exemplary or indirect damages.
Either Kanak Bullion or you may terminate this User Agreement, with or without cause, at any time by written notice to the other party. The termination of this User Agreement shall not affect the rights and the obligations of Kanak Bullion and you with respect to the period prior to the termination.
Default Rights & Remedies
In case if you fail to fulfill your obligations toward Kanak Bullion, Kanak Bullion shall have all rights and remedies, pertained to it by law, equity or otherwise, including but not limited to the rights and remedies under this User Agreement to refer your account to a collection agency or a lawyer for collection. Nevertheless, the delay or failure on Kanak Bullion part in exercising any of its rights remedies shall constitute as a waiver of that right or that remedy and no single or partial exercise by Kanak Bullion of any right or any remedy shall preclude other or further exercise of that right or that remedy or the exercise of any other right or any other remedy.
Our Market Loss Policy (Ask to ask policy)
When purchasing from Kanak Bullion, once we have issued a confirmation number, the price is locked in for you and canceling transaction after that will make you liable for whatever loss happens due to market fluctuation. Any deficit between the price at which we sold to you and the current market spot price, is your responsibility only if your item(s) is cancelled or returned. That amount will be charged to you, plus a 5% of the transaction amount as cancellation fee. That is our Market Loss Policy. Any market gain on cancellations shall remain the property of Kanak Bullion. In addition to the other rights and remedies available to Kanak Bullion, in the event of any failure by you to comply with this User Agreement, Kanak Bullion may, without limiting its other rights and remedies, suspend or terminate your account. The suspension or termination of your account shall not affect your obligations under this User Agreement and the Ordering Policy and Procedures.
Costs & Expenses of Collections
In case if Kanak Bullion decided to take any action against you to enforce your obligations under this User Agreement, including but not limited to turning your account to a collection agency or a lawyer for collection, you shall pay all of the costs and the expenses incurred by Kanak Bullion, including, but not limited to the reasonable attorneys’ fees, in connection with such action.
Choice of Law
If any disputes arise between the two parties in respect of your use of this website, such disputes shall be resolved according to the laws and regulation applied in the United Arab Emirates.
Any message you send to us via email, post, letter, voice mail or other transmission relating to your use of this site, other than an actual order of merchandise, shall be and remain Kanak Bullion’s property, and we shall not be limited or restricted in any way in its use, promotional, commercial or otherwise. However, we will not use your full name in any such promotional use without your permission. You also agree that no such messages will violate the rights of any third party or contain any libelous or otherwise unlawful materials. We save certain messages and emails on file for promotional and marketing purposes, but we are not required to and do not retain every such message.
Under no circumstances shall Kanak Bullion be liable for any indirect, special, incidental or consequential damages of any kind, regardless the form of action, whether in contract, damage (including negligence), strict product liability or otherwise, even if we have been advised regarding the possibility of such damages. If you have any questions, please do not hesitate to contact one of our diamond and Jewelry consultants via our email email@example.com.
Kanak Bullion may amend this User Agreement at any time by posting the amended terms on the website. Except as otherwise provided in the User Agreement, the amended terms will become effective automatically 30 days after their initial posting on the website. This User Agreement may not be otherwise amended except by written agreement between Kanak Bullion and you.
This User Agreement sets forth the entire understanding between Kanak Bullion and you with respect to the subject matter of this User Agreement. If you have any questions with respect to this User Agreement or your rights and your obligations under this User Agreement, send your questions via email to our email address firstname.lastname@example.org