Goldex

Terms and conditions

1. Definitions and Interpretation

 

1.1. The following words have these meanings in the Goldex T&Cs unless a contrary intention appears:

Definition Meaning
Bid Price the highest price in a market that a buyer of a certain quantity of gold is willing to pay for buying that quantity of gold;
Bullion Supplier our supplier or suppliers of gold bullion that we have carefully selected from time to time;
Business Day a day other than a Saturday or a Sunday or public holiday on which clearing banks are open for business in London
Commission commission calculated in accordance with clause 9.1;
Full User a full user of the Goldex App with full rights to navigate and use the Goldex App and undertake transactions on the Goldex App subject these Goldex T&Cs;
GBP or £ pounds sterling;
gold LBMA Good Delivery bars. 24 carat gold (at least 99.5% purity) being in whole or part of a 400 troy ounce bar;
Goldex Goldex Technologies Limited (UK company registration number 09249940) of 60 Gracechurch Street, London, EC3V 0HR;
Goldex App the Goldex App operated by Goldex for the purpose of facilitating the purchase and sale of gold and the procurement of other services;
Goldex Account your account at Goldex, Goldex App which records detail of transactions in relation to you trading on the Goldex App and payment made to and from you, the cash held in your account, your holding of gold as well as other information;
Goldex T&Cs these Goldex terms and conditions as accessible on the Goldex App, as amended or replaced from time to time;
KYC our know your client and anti-money laundering processes and checks that are applicable to your circumstances;
Limit Order an instruction given by you, using the Goldex App, to enter into a transaction to buy or sell a given quantity of gold when a particular market reaches a Bid Price or Offer Price either by a set date or until the order is completed;
Lite User a user of the Goldex App with no transactional rights to navigate the Goldex App but without any rights to undertake any transactions on the Goldex App;
LMBA London Bullion Market Association;
Offer Price the lowest price in a market that a seller of a certain quantity of gold is willing to pay for selling that quantity of gold;
Order an instruction given by you, using the Goldex App, to enter into a buy or sell transaction;
Privacy Policy the Goldex privacy policy as set out on the Goldex App;
Smart Buy /

Smart Sell

a smart feature which is part of the Goldex App that automatically selects the market or a combination of markets that gives you (i) the most quantity of gold that you can purchase for a given amount or (ii) the most amount of money that you will receive for a given quantity of gold;
Vaulting Fee the fee for providing vaulting and insurance under clause 8 and calculated in accordance with clause 10.2 or 10.3.

1.2. In these Goldex T&Cs, unless the contrary intention appears:

 

1.2.1. the singular includes the plural and vice versa and any gender includes the other gender;

 

1.2.2. ‘person’ unless the context otherwise requires includes a natural person, a firm, a partnership, a body corporate, an unincorporated association or body, a state or agency of state, trust or foundation (whether or not having separate legal personality);

 

1.2.3. a ‘natural person’ unless the context otherwise requires shall mean a human being, as opposed to a juridical person created by law;

 

1.2.4. “we”, “us” and “our” mean Goldex;

 

1.2.5. “you” or “your” mean a user of the Goldex App and the services provided through the Goldex App.

 

 

2. General

 

2.1.  By accessing and using the Goldex App, you agree to these Goldex T&Cs.

 

2.2.  You acknowledge your competence to buy and sell gold using the Goldex App and with use of the support function you understand the process of trading gold.

 

2.3.  It is important for you to read the Goldex T&Cs and take time to understand them as they together with our Privacy Policy govern your use of the Goldex App. You agree that any and all personal information you provide to us via the Goldex App may be collected, stored, processed and used in accordance with our Privacy Policy.

 

 

3. User Membership Criteria

 

3.1. To be a Lite User of the Goldex App you must satisfy the following criteria:

 

3.1.1. you must be an individual;

 

3.1.2. you must be 18 years old and over; and

 

3.1.3. you must register and submit your details on the Goldex App for a Lite User.

 

3.2.  To be a Full User of the Goldex App you must satisfy the criteria for a Lite User and in addition:

 

3.2.1.  you must have a valid bank or building society account; and

 

3.2.2.  you must register and submit your details and information on the Goldex App for a Full User;

 

3.3.  You confirm to Goldex that all information provided to us in the course of the registration process is true and accurate in all respects. You will update us if any of the information you provide to us changes.

 

 

4. Registration

 

4.1.  On registering with us as Lite User, you must provide your first name, surname, email address, mobile phone number, pin number, answers to a set of security questions and a password. Your password or PIN number must be used in order to access certain parts of the Goldex App. For the initial set-up and where you add devices or forgot your password or we need to verify your identity you will be required to supply answers to some of the security questions. Your Goldex Account is not transferable without our prior written consent.

 

4.2.  On registering with us as Full User, you must provide in addition to the information required for a Lite User, your home address, date of birth and such other information, as we deem reasonable. For the initial set-up of your account, and where you add devices or forgot your password or we need to verify your identity, you will be required to supply answers to some of the security questions. Your Goldex Account is not transferable without our prior written consent.

 

4.3.  Your password and PIN number is the method used by us to identify you and so you must keep it safe at all times and you are responsible for all activity on the Goldex App. You must not share your password with anyone. Any breach of security, loss, theft or unauthorised use of a password must be notified to us immediately using the support function d on the Goldex App or by email at support@goldexapp.com.

 

4.4.  You agree not to adapt or circumvent the systems in place in connection with the Goldex App, nor access the Goldex App other than through normal use of it.

 

4.5.  We reserve the right not to act on your instructions where we suspect that the person accessing your Goldex Account is not you or we suspect illegal or fraudulent activity or unauthorised use. You agree not to access the Goldex App from any territory where the use of the Goldex App or any such transactional activity is unlawful.

 

 

5. Goldex Account Opening Procedures

 

5.1. To fully access your Goldex Account on the Goldex App for trading purposes you have to:

 

5.1.1. deposit funds in GBP in your Goldex Account; and

 

5.1.2. complete to our satisfaction our KYC checks.

 

5.2.  You may deposit funds by bank transfer or by debit card but not by credit card.

 

5.3.  Where you deposit funds by bank transfer, the account name of your bank account must be in your own name. We only permit you to nominate one bank account for depositing funds and receiving funds. You may change your nominated bank account by contacting customer service. If the bank account from which funds are transferred is not in your name we will be obliged to return the funds to the account from which payment was received.

 

5.4.  As part of the Goldex Account opening procedures, we will create a specific UK bank account for you and will provide you with the account details so that you may make bank transfers to that account. We will hold the funds in that account in trust for you and they will be segregated from our own funds.

 

5.5.  Where you deposit funds by a debit card payment, the debit card that you use must be in your own name. We only permit you to nominate one debit card for depositing funds. You may change your nominated debit card by contacting customer service. If the debit card from which funds are paid is not in your name we will reject your payment.

 

5.6.  All bank accounts from which we receive payments or transfers from you or make payments or transfers to you will be segregated bank accounts from our own funds where we hold the funds in those bank accounts in trust for you.

 

5.7.  Where we receive payments or transfers from you or make payments or transfers to you, you will receive a notification in the Goldex App of such payment or transfer.

 

5.8.  Once we have received a payment or transfer from you we will then complete our KYC and you agree to fully cooperate with us in undertaking KYC from time to time and in providing us with such documents and information as we shall reasonably require. The Goldex App will guide you through the KYC requirements.

 

5.9.  As part of KYC will carry out identity and fraud checks on you using third party suppliers. We use our own internal guidelines and policies when assessing account opening applications but we have complete discretion as to whether to allow you to open a Goldex Account with us on the Goldex App.

 

5.10.  Where the KYC is completed to our satisfaction, we will notify you that your Goldex Account is open and that you are ready to trade. If, for some reason, you do not satisfy our account opening KYC criteria, we will notify you that we are unable to open a Goldex Account for you, and we will promptly return to you any funds that you have deposited with us, and we will notify you when this has been done.

 

5.11.  In order for trades to be executed expeditiously, we will transfer the funds that we hold for you to the segregated account of our Bullion Supplier. Our Bullion Supplier holds your funds, which you have transferred to us, which we will onward transfer to our Bullion Supplier in trust for us, which we in turn hold in trust for you. This means that the funds that you transfer to us are held at all times in trust for you, until they are used to make payment of a trade or pay Commission or a Vaulting Fee.

 

 

6. Market Trading Information and Market News

 

6.1.  We provide access on the Goldex App to Bid Prices and Offer Prices in GBP for five markets (London, Zurich, Toronto, New York and Singapore) for increasing quantities of gold. You can use the Goldex App to monitor the real-time price of gold in these markets.

 

6.2.  These Bid Prices and Offer Prices are the real-time prices at which you can sell and buy gold through Goldex, the prices are therefore subject to constant change.

 

6.3.  We provide you with access to market news, information and trade recommendations from a range of different sources. We do not control the content of such market news or endorse any recommendations to buy or sell gold now or in the future or any forecasts of economic, financial, political, social or environment events or circumstances. We give no warranty as to the accuracy or completeness or veracity of such market news and recommendations.

 

6.4.  We also provide you with access to some historical data and charts that show the evolution of the price of gold in various markets and in various currencies. While this information is supplied in good faith, we give no warranty as to the accuracy or completeness or veracity of such data and charts.

 

6.5.  We provide execution only services where we execute your instructions as agent. We do not provide any advice or recommendation as when you should buy or sell or hold gold. You must make your own decision relying upon your own research and judgment.

 

 

7. Buying and Selling Gold

 

7.1.  You understand that the Goldex App gives you the ability to enter orders to buy and sell quantities of gold, at the Bid Prices and Offer Prices displayed and on markets that you select or that you auto-select using Smart Buy or Smart Sell. These are real transactions that have economic and financial consequences for you, so you are reminded to exercise due care when using the Goldex App.

 

7.2.  You agree that every Order and Limit Order to buy or sell gold shall be placed by you and must not be placed by anyone else. We will treat an Order or Limit Order placed by you using the Goldex App as an instruction by you to enter into a transaction with reference to your Goldex Account.

 

7.3.  You may place an Order to buy a given quantity of gold at the Offer Price for a particular market or as at the Smart Buy Offer Price. You will be asked to confirm the Order by clicking “confirmed”, and once you do so you will not be able to cancel the Order. We will accept the Order, where there will be a binding contract between you and us, provided that you have in your Goldex Account sufficient funds in GBP to both complete the purchase and pay the Commission.

 

7.4.  You may place an Order to sell a given quantity of gold at the Bid Price for a particular market or as at the Smart Sell Bid Price. You will be asked to confirm the Order by clicking “confirmed”, and once you do so you will not be able to cancel the Order. We will accept the Order and there will be a binding contract between you and us, provided always that you have in your Goldex Account a sufficient quantity of gold to complete the sale of gold.

 

7.5.  You may place a Limit Order to buy a given quantity of gold by selecting an offer price that you agree to trade at provided always that you have in your Goldex Account sufficient funds in GBP to both complete the purchase and pay the Commission if that offer price is achieved in the market. You will be asked to confirm the Order by clicking “confirmed” which you will be able to cancel or vary provided always that, the Limit Order has not been filled. We will use our best efforts to fill the Limit Order but we shall have no liability to you if for any reason we are unable to do so. Once the Limit Order is filled where the Offer Price matches your selected offer price, there will be a binding contract between you and us which will automatically come into existence when we fill the Limit Order.

 

7.6.  You may place a Limit Order to sell a given quantity of gold by selecting a bid price that you agree to trade at provided always that you have in your Goldex Account a sufficient quantity of gold to complete the sale of gold, if that offer price is achieved in the market. You will be asked to confirm the Order by clicking “confirmed” which you will be able to cancel or vary provided always that, the Limit Order has not been filled. We will use our best efforts to fill the Limit Order but we shall have no liability to you if for any reason we are unable to do so. Once the Limit Order is filled where the Bid Price matches your selected bid price, there will be a binding contract between you and us which will automatically come into existence when we fill the Limit Order.

 

7.7.  For the purposes of clauses 7.5 and 7.6 the minimum quantity of gold that you can buy or sell using a Limit Order is a quantity of 1 g of gold. Where you place a Limit Order to buy gold the sum of money required to fill the Limit Order if achieved, will be frozen in your Goldex Account in order cover the potential purchase. Where you place a Limit Order to sell gold the quantity of gold required to fill the Limit Order if achieved, will be frozen in your Goldex Account in order cover the potential sale.

 

7.8.  In relation to an Order or Limited Order that you place, you may not at any one time use more than 98% of the funds held in your Goldex Account when purchasing gold. This is to ensure that you have sufficient funds to pay Commission on the transaction and Vaulting Fees. We reserve the right to change this percentage rate from time to time by giving you not less than one month’s notice.

 

7.9.  You may cancel or vary a Limit Order that you have placed at any time using the Goldex App provided that the Limit Order has not been filled.

 

7.10.  As soon as any buy or sell transaction has been executed, we will send you a push notification and will update your Goldex Account with the transaction details.

 

 

8. Vaulting and Insurance

 

8.1.  We confirm that all gold purchased on your instructions is held in trust for you in secure vaults in each of the five market locations until such time as you instruct us to sell in whole or part you holding of gold. The firms providing the vaulting services act as custodians and they are such firms as Brinks, Loomis International and MalcaAmit.

 

8.2.  We do not provide physical delivery of the gold to you.

 

8.3.  All gold purchased on your instructions is insured up to 50% in excess of its market value on terms of the global policy entered into with our Bullion Supplier.

 

8.4.  We hold in trust for you the benefit of the insurance policy referred to under clause 8.3 that relates to your holding of gold from time to time.

 

8.5.  The vault in New York is subject to a minimum buy quantity (as set out in the Goldex App and this quantity may vary from time to time.

 

 

9. Commission

 

9.1.  In consideration of the facilitation services that we provide in enabling you to buy and sell gold, you agree to pay us commission on all your purchases and sales of gold executed through the Goldex App at the rate of 0.75% of the gross transaction purchase or sale price of the executed Order or Limit Order. We reserve the right to change this Commission rate from time to time by giving you not less than one month’s notice.

 

9.2.  You instruct us to deduct Commission from your Goldex Account immediately after the execution of an Order or Limit Order.

 

 

10. Vaulting Fee

 

10.1.  You agree to pay us monthly a Vaulting Fee in arrears with respect to the vaulting and insurance services that we procure for you under clauses 8.1 and 8.3. You instruct us to deduct a Vaulting Fee from your Goldex Account on or around 2 am on the first Business Day of each month with respect to the previous month’s provision of vaulting and insurance services made available to you.

 

10.2.  The standard Vaulting Fee is calculated as follows:

 

10.2.1.  For the purpose of valuing your monthly holding of gold, the price of gold is determined on the last Business Day of the calendar month by taking the London Fix determined by the LMBA at 5 pm (“vaulting gold price”);

 

10.2.2.  For the purpose of calculating your holding of gold during a calendar month we sum your daily maximum gold balances for all the days in that month and divide it by the number of days in that month (“average vaulting gold balance”);

 

10.2.3.  The fee is charged at the rate of 0.02% per month on the total of the vaulting gold price multiplied by the average vaulting gold balance with a minimum monthly fee of £3.75 whichever is the greatest.

 

10.3.  If a Full User sells all their gold and seeks to withdraw withdraws in full the funds in their Goldex Account before the end of the calendar month or Goldex closes the Full User’s Goldex Account then final Vaulting Fee is calculated as follows:

 

10.3.1.  For the purpose of valuing your final monthly holding of gold, the price of gold is the price of gold for your final transaction (“final vaulting gold price”);

 

10.3.2.  For the purpose of calculating your final holding of gold during that month we sum your daily maximum gold balances during that month until your gold was sold and divide it by the number of days in that month that you held gold or had a cash balance (“final average vaulting gold balance”);

 

10.3.3.  The fee is charged at the rate of 0.02% per month on the total of the final vaulting gold price multiplied by the final average vaulting gold balance with a minimum monthly fee of £3.75 whichever is the greater;

 

10.3.4.  In these circumstances, we will deduct this Vaulting Fee from the funds being withdrawn from your Goldex Account.

 

10.4.  On the 23rd day of each month we send a notification to all Full Users advising them to be aware that we will be charging a Vaulting Fee at the end of that month, and that they should make sure they have enough funds in their Goldex Account to pay the Vaulting Fee.

 

10.5.  On the 25th day of each month, we identify whether you have enough funds in your Goldex Account to pay for that month’s Vaulting Fee. (For the purpose of this calculation, we use the LBMA London Fix price published at 5 pm on the last known Business Day before the 25th day of the month, and add plus 5%, to cover for potential movements in the gold price between the 25th day of the month and the end of the month that might resulting in a higher Vaulting Fee for you). If we calculate that you will not have sufficient funds in your Goldex Account, then we will send you a notification alerting you to the fact that you do not have enough funds to pay for that month’s Vaulting Fee, and notifying you that if you do not increase your funds in your Goldex Account to cover the Vaulting Fee, Goldex reserves the right to sell some of the gold held in your account to pay for the Vaulting Fee for that month.

 

10.6.  We reserve the right to change this Vaulting Fee rate from time to time by giving you not less than one month’s notice.

 

 

11. Cash Withdrawals

 

11.1.  You may at any time withdraw funds in your Goldex Account by giving us instructions to make a payment to you to your nominated bank account in accordance with clause 5.3. You must provide us with your nominated bank account details in your name in a form satisfactory to us, if you have not done so already, so that we can make payment to you as instructed by you. We charge a fixed Bank Transfer Fee of £5 each time that funds are transferred to you. You are only permitted to transfer funds to your nominated bank account and to no other account. We reserve the right to change this Bank Transfer Fee from time to time by giving you not less than one month’s notice.

 

11.2.  We do not provide the facility of making payment to you by crediting your debit card.

 

 

12. Termination

 

12.1. If you no longer want to be a Lite User or a Full User of the Goldex App please instruct us to close your Goldex Account by giving us notice in the settings screen of Goldex App. You will need to sell your holdings of gold so that your Goldex Account consists only of cash. Once your Goldex Account has been reduced to a cash balance on your instructions we will transfer that sum minus any applicable due fees to your bank account or to a nominated bank account linked to the debit card originally used to deposit funds.

 

12.2.  We may end your membership of the Goldex App at any time if:

 

12.2.1.  you materially breach the Goldex T&Cs;

 

12.2.2.  we suspect that you have committed fraud, been involved in money laundering or other criminal activities;

 

12.2.3.  you use the Goldex App in any of the following ways;

 

12.2.3.1. in any way that causes, or is likely to cause, the Goldex App or access to it to be interrupted or damaged in any way;

12.2.3.2. for fraudulent purposes, or in connection with a criminal offence;

12.2.3.3. to send, use or reuse any material that is illegal, offensive, abusive,indecent, defamatory, obscene or menacing; or in breach of copyright, trademark, confidence, privacy or any other right; or is otherwise injurious to third parties; or objectionable; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any spam; or

12.2.3.4. to cause annoyance, inconvenience or needless anxiety to anyone.

 

12.3.  Where we are entitled to terminate your status as a Lite User or Full User we will give you notice (such as we deem appropriate in all the circumstances) and provide you with an explanation of our reasons for doing so if that is justifiable and reasonable in all the circumstances. Where we terminate your status as a Lite User or Full User we will sell your holdings of gold so that your Goldex Account consists only of cash. Once your Goldex Account has been reduced to a cash balance we will transfer that sum minus any applicable due fees to your bank account or to a nominated bank account linked to the debit card originally used to deposit funds and then we will close your Goldex Account.

 

 

13. Limitations and Liability – Goldex

 

13.1.  We shall not be liable to you for any loss or damage which you may suffer as a result of being a Full User of the Goldex App or using the services provided through the Goldex App, except where such loss or damage arises from our breach of these Goldex T&Cs or was caused by wilful default or fraud by us or our employees. We are not responsible for any breach of Goldex T&Cs from circumstances outside our reasonable control. Our total liability to you in connection with these terms and conditions, your membership of the Goldex App and your use of the services provided through the Goldex App shall not exceed the amount of funds in your Goldex Account and the market value (as determined by us acting reasonably) of the gold that we hold in trust for you.

 

13.2.  All disclaimers, indemnities and exclusions to the Goldex T&Cs shall survive termination of your status as a Full User and the closure of your Goldex Account.

 

13.3.  Nothing in these Goldex T&Cs shall limit our liability for personal injury or death.

 

13.4.  Goldex is not covered by the Financial Services Compensation Scheme. However, you may be entitled to compensation from the Financial Services Compensation Scheme in respect of any money held by Goldex on your behalf if the bank or credit institution holding the money becomes insolvent. Further information is available at www.fcsc.org.uk and we would advise you further if this event were to occur.

 

 

14. Liability – Lite User and Full User

 

14.1. You shall be liable to us for any loss or damage suffered by us as a result of any breach of the Goldex T&Cs, or any unauthorised use of the Goldex App.

 

 

15. Intellectual Property Rights

 

15.1.  Subject to clause 15.3 below, as between you and us, we own all present and future copyright, registered and unregistered trademarks, design rights, unregistered designs, database rights and all other present and future intellectual property rights and rights in the nature of intellectual property rights existing in or in relation to the Goldex App.

 

15.2.  If and to the extent that any such intellectual property rights vest in you by operation of law or otherwise, you agree to do any and all such acts and execute any and all such documents as we may reasonably request in order to assign such intellectual property rights back to us.

 

15.3.  We do not warrant or represent that the content of the Goldex App does not infringe the rights of any third party.

 

 

16. Content and Use

 

16.1.  The content and information provided on the Goldex App is directed solely at, and is for use solely by, persons that meet the criteria set out in clause 3 and are Lite Users and Full Users. The Goldex App is not intended for use by, any person or entity in any jurisdiction where such distribution or use would be contrary to applicable law or regulation.

 

16.2.  You are permitted to download and print content from the Goldex App solely for your own personal use. Goldex App content must not be copied or reproduced, modified, redistributed, used or otherwise dealt with for any other reason without our express written consent.

 

16.3.  We are not responsible for content downloaded or available by third parties onto the Goldex App. We however reserve the right to edit or delete content downloaded or available on the Goldex App.

 

16.4.  We will endeavour to allow uninterrupted access to the Goldex App, but access to the Goldex App may be suspended, restricted or terminated at any time.

 

16.5.  You agree to use the Goldex App only for lawful and authorised purposes and in a way which does not infringe the rights of anyone else or restrict or inhibit anyone else’s use and enjoyment of the Goldex App.

 

16.6.  We accept no responsibility or liability for your use of content on the Goldex App and such use is entirely at your own risk. While we take reasonable precautions to prevent the existence of computer viruses or other malicious programs on the Goldex App, we accept no liability for them if they do exist. It is your responsibility to use, update and maintain appropriate antivirus software on your phone or other device upon which you can use the Goldex App.

 

16.7.  Information transmitted through the Goldex App will pass over public telecommunications networks. We accept no liability if communications sent through the Goldex App are intercepted by third parties or incorrectly delivered or not delivered.

 

16.8.  The Goldex App may contain links to third party websites. We accept no responsibility or liability for any material supplied by or contained on any third party website which is linked from or to the Goldex App, or any use of personal data by such third party.

 

 

17. Complaints

 

17.1.  We aim to provide a good service and to deal with you fairly. If you have any queries or issues you agree to give us the opportunity in the first place to resolve such matters informally and amicably before making any formal complaint to us or entering into any formal external complaint procedure. We are ready to discuss any correspondence with you by email or letter or speak to you on the telephone to seek to resolve your queries effectively.

 

17.2.  To help us resolve your queries promptly and informally you agree to provide us with evidence and relevant information about your issue. You agree that you will properly consider the Goldex T&Cs which govern your relationship with us.

 

17.3.  If having resorted to the above informal approach you remain dissatisfied and would like to make a formal complaint please write to: Customer Service at 60 Gracechurch Street, London, EC3V 0HR or email support@goldexapp.com.

 

17.4.  We may call you to discuss your complaint and you agree that you will co-operate with us and attempt to resolve your complaint in a reasonable and amicable way.

 

17.5.  Complaints must be made by you, a Lite User or Full User of the Goldex App, and we do not accept complaints made by a third party or an adviser.

 

17.6.  Your statutory and regulatory rights remain unaffected.

 

 

18. Force Majeure

 

18.1. Goldex shall not be liable to you for any delay or failure by it to perform its obligations if such delay or failure arises from any unforeseeable causes beyond its reasonable control including, but not limited to, acts of God, floods, lightning, earthquakes, labour disputes, shortages, rationing, utility failures, war, terrorism, riot, embargoes, and actions of any government agency or subdivision thereof.

 

 

19. Waiver

 

19.1. A waiver of any right under the Goldex T&Cs is only effective if it is in writing and it applies only to the party to whom the waiver is addressed and to the circumstances for which it is given.

 

19.2.  Any waiver by either you or us of any provision of the Goldex T&Cs shall not be considered to be a waiver of any other or later breach of the same, of any other provision.

 

19.3.  We may, in whole or in part, release, compound, compromise, waive or postpone, in our absolute discretion, any liability owed to us or right granted to us in the Goldex T&Cs without in any way prejudicing or affecting our rights in respect of that or any other liability or right not so released, compounded, compromised, waived or postponed.

 

 

20. Severability

 

20.1. Notwithstanding that the whole or any part of any provision of the Goldex T&Cs may prove to be illegal or unenforceable, the other provisions of the Goldex T&Cs and the remainder of the provision in question shall continue in full force and effect. In relation to any illegal or unenforceable part of the Goldex T&Cs, the parties hereto agree to amend such part in such manner as may be requested from time to time by any of the parties hereto provided that such proposed amendment is legal and enforceable and to the maximum extent possible carries out the original intent of the parties in relation to that part.

 

 

21. Entire Agreement

 

21.1.  You confirm that the Goldex T&Cs set out the entire agreement between you and us in relation to your use of the Goldex App.

 

21.2.  You confirm that you have not relied on any representation made by or on behalf of us or on any written statement, advice, opinion or information given to you in good faith by us. You confirm that you have been and will continue to be solely responsible for making your own independent appraisal and investigation of all risks arising under or in connection with the use the Goldex App.

 

21.3.  We may update or amend the Goldex T&Cs from time to time to comply with law or to meet our changing business requirements. We may not always be able to give you advanced notice of such updates or amendments but we will always post them on the Goldex App so that you can view them when you next log in. By continuing to use the Goldex App, you agree to be bound by changes to the Goldex T&Cs.

 

 

22. Assignment

 

22.1. We may assign, transfer, novate or otherwise exercise any of our rights under the Goldex T&CS or through any company or other legal entity which is under our control or ownership.

 

 

23. Notice

 

23.1. Any notice or other communication to be given under the Goldex T&Cs must be in writing and will be served by delivering it personally or by email and for the attention of the relevant party mentioned below (or as otherwise notified by that party). Any notice will be deemed to have been received:

 

23.1.1. if delivered personally, at the time of delivery;

 

23.1.2. in the case of email, at the time of transmission.

 

23.2. The addresses of the parties for the purposes of the Goldex T&Cs are as set out in the Goldex App, or such other address as may be notified in writing from time to time by the relevant party to the other party.

 

 

24. Governing Law and Jurisdiction

 

24.1.  All transactions that you enter into on the Goldex App and the Goldex T&Cs and any disputes or claims arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) are governed by, and construed in accordance with, the law of England.

 

24.2.  You irrevocably agree and so do we that the courts of England have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with the transactions that you enter into on the Goldex App and the Goldex T&Cs or their subject matter or formation (including non-contractual disputes or claims).