Aureus NFT Terms and Conditions
1. Introduction
These Terms and Conditions (hereinafter also referred to as: ‘the/this/these Terms and Conditions,’ ‘Terms,’ ‘T&C,’ ‘Agreement,’ and/or ‘Document’ wherever the context permits or requires) listed below dictate the procedure for:
- Purchasing, delivery, and storing of fractional gold coins as Non-Fungible Tokens (NFTs) (hereinafter also referred to as: ‘the/this/these/our Product(s),’ ‘Item(s),’ ‘Good(s),’ and/or ‘Inventory’ wherever the context permits or requires) via the Aureus Platform (hereinafter also referred to as: ‘Platform’).
- Exchanging or trading (hereinafter also referred to as: ‘the/this/these/our Service(s)’ wherever the context permits or requires) fractional gold coin NFTs via the Aureus Exchange Platform (hereinafter also referred to as: ‘Trading Platform’ and/or ‘Platform’ wherever the context permits or requires).
The aforementioned Platform along with a wide array of additional offerings are all located on the URL www.Auruescoin.co.uk (hereinafter also referred to as: ‘Website,’ ‘Domain,’ ‘Site’ wherever context permits or requires) which is operated by Aureus (hereinafter also referred to as: ‘we,’ ‘us,’ ‘our,’ ‘Company,’ and/or ‘Brand’ wherever the context permits or requires), a company duly registered under relevant laws and regulations.
This Document constitutes a legally binding agreement between the Company and a Customer—defined as any natural person, public body, legal entity, and corporate or unincorporated body (hereinafter also referred to as: ‘User(s),’ ‘Client(s),’ ‘Visitor(s),’ ‘Lead(s),’ ‘you,’ ‘your,’ ‘yours,’ ‘yourself,’ ‘they,’ ‘them,’ ‘their,’ and/or ‘themselves’ wherever the context permits or requires) who shows interest in, applies for, and/or creates an account with the Company and/or employs direct or even indirect use of the Company’s Website, Platform, Services, Products, and/or materials in any way.
This Document is governed by and construed in accordance with the laws of England and Wales.
Throughout these Terms, any and all words importing the singular shall wherever the context permits or requires include the plural and vice versa. Additionally, any and all words importing gender or neutrality shall include both genders and/or any neutrality. Finally, any and all words importing persons shall also—wherever the context permits or requires; include natural persons, public bodies, legal entities, and any corporate or unincorporated body.
These Terms are written and therefore shall be construed and interpreted in English. If Aureus provides these Terms in any other language to any other jurisdiction, all relevant parties acknowledge and agree that the translation shall only be construed as indicative of this English version. Where and only if there exists any inconsistency between the translated version and the English version, the English version shall prevail.
These Terms in their entirety include but are not limited to the subsequent Articles, Sections, Clauses, and Subclauses along with any amendments, appendices, or any other versions, documents, legal notices, forms, webpages, agreements, or contracts referenced to directly or indirectly in writing or otherwise herein or through any method by the Company in any way.
2. General Provisions
This Agreement comprises an entire legally binding contract between the Company and the Customer (hereinafter collectively and individually also referred to as: ‘the/this/these Party(ies)’ wherever the context permits or requires) relating to the subject matter hereof and each of the Parties acknowledges that it has not entered into this Agreement relying on any representation, statement, or document, whether oral or in writing, other than those expressly incorporated in this Agreement.
By accepting this Agreement, the Customer consents that the Company may engage any of its affiliates, associates, or employees for the purposes of providing the Customer with general support and servicing.
The granting by the Customer or the Company at any time or concession in respect of any breach of this Agreement by the other will not be considered a waiver of that breach.
In addition to any other right to withhold payment, the Company may at any time and without notice to the Customer set off any amounts owed between the Customer and the Company. If the Company exercises this right and shows that the amounts due to the Company exceed the amounts due to the Customer, the Customer shall immediately pay such excess to the Company. For this purpose, any amounts due or available within joint accounts held with another person(s) will be the responsibility of each of the joint account holders in equal part.
If at any time any Article, Section, Clause, and/or Subclause of this Agreement becomes illegal, invalid, or unenforceable; the legality, validity, or enforceability of any other or remaining Article, Section, Clause, and/or Subclause in this Agreement shall not be affected in any way.
This Agreement and any other obligations connected with it are governed by and construed in accordance with applicable laws and regulations in England and Wales.
3. Definitions
Within this Document, these words, phrases, and expressions shall have the following meaning:
- “Acceptance of an Order” – a purchase and sale contract concluded between the buyer and seller regarding items ordered and is available upon the moment of delivery to the buyer.
- “Additional Fees” – an additional cost exceeding the original listed value of an item related to the processing, delivery, and insurance of purchased items to the Customer.
- “Buyer(s),” “Customer(s),” “Client(s),” “Lead(s),” “Visitor(s)” – refers to an able-bodied natural person, public body, legal entity, and corporate or unincorporated body who has reached 18 (eighteen) years of age, visits the site, and/or has or is interested in using and purchasing Aureus’s Products and/or Services via its Platform located on the Website and/or the Website itself.
- “Company” – refers to the Aureus brand name directly.
- “Crypto-to-Crypto Trading” – refers to transactions in which one virtual currency is exchanged for another virtual currency.
- “Crypto-to-Fiat Trading” – refers to transactions in which virtual currency is exchanged for fiat currency.
- “Customer Account(s)” – refers to an account that is created for the Customer’s use of the Company’s Website, Platform, and full range of Services and Products and one that the Customer will be required to provide information for in order to access.
- “Customer Information” – refers to a password and such information which may be provided by the Customer as part of our security and verification procedures.
- “Customer Money” – refers to funds the Customer deposits into their Customer Account in order to facilitate their use of the Company’s Website, Platform, and full range of Services and Products via one of the numerous deposit methods options the Company provides.
- “Electronic Service(s)” – the way Aureus provides customers with the opportunity to purchase fractional gold coin NFTs from their Platform, employ the full use of their Services, and/or contact a representative of Aureus through methods provided on its Website.
- “Order” – an individual request for the purchase of selected items available in the Customer’s Platform shopping cart. Where context permits or requires, this term may also refer to an execution of a trade or exchange order through the Company’s Trading Platform.
- “Order Confirmation” – the process by which the seller confirms to the buyer that the order made has reached a sales representative. Upon receipt of an order confirmation, the buyer may no longer reject the order. However, a buyer’s acknowledgment of receipt of the order confirmation is not equivalent to its acceptance by the seller.
- “Platform” – a specific page(s) on the Website that acts as a trading portal through which customers can exchange fractional gold coin NFTs for fiat or other virtual currencies and vice versa.
- “Precious Metal(s)” – refers to metals that are rare and have a high intrinsic and economic value due to numerous reasons including but not limited to scarcity, usage, hedge against currency inflation, and role throughout history. The most popular precious metals with investors are gold, platinum, and silver.
- “Product(s),” “Good(s),” “Item(s),” or “Inventory” – the fractional gold coin NFTs presented and offered for sale via Aureus’s product catalogue as seen on the Platform of the Website.
- “Seller” – refers to Aureus as a company or brand in relation to the Platform and Website they own, supply, and manage.
- “Services” – broadly encompasses the full statute of all physical and digital offerings displayed throughout the Platform, Website, and Trading Platform as a whole including but in no way limited to trading, delivery, shipping, vaulting, storage, insurance, and other physical and financial services related to the fractional gold coin NFTs.
- “Shopping Cart” – a function within the Platform portion of the Website through which the items selected for purchase by the buyer are stored. Items may be added, removed, or amended within this cart before continuing to the purchasing stage of the sales process.
- “Staking Period” – the duration for which the fractional gold coin NFTs are held in the Customer’s account before they can be delivered if the Customer so wishes.
- “Systems” – broadly yet collectively encompasses all online and electronic-based platforms, e-shops, webpages, sub-pages, and/or forms that are located directly or indirectly through the Website along with any other programme the Company employs and enables Aureus to conduct its operations.
- “Value of the Items” – the sum total value of the goods selected for purchase by the buyer within their shopping cart.
- “Value of the Order” – the total value of the order that the buyer has to pay including the value of the items, additional fees, taxes, and other statutory expenses.
- “Virtual Currency(ies)” – shall mean a digital representation of precious metal value that does not possess a legal status of currency or money that is not issued or guaranteed by a central bank or any other public authority, is not necessarily attached to a currency but is accepted by natural person as a means of exchange, and which can be transferred, stored, and traded electronically.
- “Website,” “Site,” or “Domain” – refers to the URL www.Auruescoin.co.uk through which one may access the Aureus Trading Platform, Platform, along with the full range of its Systems and Services.
4. Eligibility
By registering to use Aureus’s Systems, Services, and Products via their Website or any associated registration form, the Customer hereby represents, consents, and warrants that:
- As an individual, they are at least 18 years of age or are of legal age to form a binding contract under applicable laws.
- As an individual, legal person, or other organisation, they have full legal capacity and sufficient authorisations to enter into this Agreement.
- They have not been previously suspended or removed from using Aureus’s Systems, Services, or Products.
- They do not currently hold an Aureus account.
- They are not located in or a resident of any restricted jurisdictions which Aureus cannot operate in.
- They will not use Aureus’s Systems, Services, and/or Products if any applicable laws in the Customer's jurisdiction prohibit the Customer from doing so.
- They are a non-U.K. resident natural or legal person.
The Customer is solely responsible for ensuring that they are compliant with these Terms along with all laws, rules, and regulations applicable to them. If the Customer’s right to access the Company’s Systems, Services, and Products is revoked or is in any way prohibited, in such circumstances the Customer agrees not to use or access the Company’s Systems, Services, and Products in any way.
5. Accounts
When a Customer signs up via the Company’s Website or any registration forms, an account will be created for the Customer’s use of and access to the Company’s Systems (hereinafter also referred to as: ‘Customer Account(s)’ wherever the context permits or requires).
The log-in details for the Customer Account(s) will be determined by the Customer or by someone whom the Customer has entrusted and consented to.
In relation to the log-in details, the Customer acknowledges and undertakes including but not limited to the following:
- The Customer will be responsible for the confidentiality and use of their log-in details;
- The Customer will change their password regularly;
- Void of the Company’s prior written consent, the Customer will not disclose the Customer’s log-in details to other persons for any purpose whatsoever;
- Without limiting the generalities of this Agreement, the Company may rely on all instructions, orders, and other communications entered using the Customer’s log-in details and the Customer will be bound by any resulting transaction entered into or expense incurred on their behalf as performed through their account(s); and
- The Customer will immediately notify the Company if they become aware of the loss, theft, or disclosure to any third party or of any unauthorised use of their account(s) or log-in details.
The Customer acknowledges that their account(s) is provided for use to only the Customer or by others the Customer has permitted to use their account on their behalf.
If the Customer tells the Company or the Company believes that a Customer’s account has been compromised, the Company may without prior notice suspend or terminate the Customer’s account.
The Customer must always treat account information as confidential and must not disclose it to any third party. Any access to a Customer Account shall be considered as access by the Customer themselves or on their behalf and the Customer shall be solely responsible and liable for any activity carried out in, by, or through their Customer Account on the Website or on Company Systems.
The Customer shall remain responsible for and on-demand indemnify, protect, and hold the Company harmless from and against all losses, liabilities, judgements, suits, actions, proceedings, claims, damages, and costs resulting from or arising out of any act or omission by any person using the Customer’s account whether or not the Customer authorised such use.
By creating an account and accepting this Agreement, the Customer agrees to provide the Company with relevant contact details so that the Company may communicate with them via writing, email, telephone, messenger applications, SMS, push notifications via the Website or mobile application, or any other method of contact as deemed applicable. It is the Customer’s responsibility to notify the Company immediately if any of those contact details change.
By law, the Company is obligated to establish the Customer’s identity before the Company can take the Customer on. In order to access the Platform and any Services or Products provided by the Company, the Customer must activate their Customer Account by following an identity verification process. Therefore, the Company reserves the right to request any form of identification documentation from the Customer as listed in the subsequent Article 6.
The Company may introduce and require additional levels of customer identification and security and may change its security procedures at any time to ensure data protection of its systems and customer information. The Company may, at their own reasonable discretion, use various agencies to verify the Customer’s identity and details before activating the Customer’s account. Failure to complete and properly adhere to this activation identification process per the specified requirements listed below will render said account void of the protections and securities afforded via this Agreement and entitle the Company to terminate said Customer Account.
6. Verification and KYC Documentation
When the Customer registers an account with the Company, the Company is required to collect personal data from them for legal, fraud, anti-money laundering, and business purposes as well as to comply with the Company’s regulatory Compliance and Know Your Customer (hereinafter also referred to as: ‘KYC’ wherever the context permits or requires) requirements.
Additional reasons for such data collection include but are not limited to:
- To verify the Customer’s identity;
- To ensure that the Customer meets the suitability requirements needed to use the Company’s Systems, Products, and Services;
- To assist the Company in the proper management of the Customer’s account;
- To process the Customer’s transactions;
- To send the Customer information about transaction/post-transaction services;
- To keep the Customer updated with news on Company products, services, and any other information relevant to their working relationship with us;
- For Website improvement purposes; and
- For the analysis of statistical data which will help the Company provide the Customer with better products and services in the future.
Initial and basic personal and financial information collected by the Company from the Customer during any online or electronic registration or sign-up to the Company’s Systems includes but may not be limited to:
- Customer Full Name;
- Date of Birth;
- Current Address;
- Phone Number; and
- Email.
Additional personal data that the Company collects directly from the Customer include but are not limited to:
- Proof of Identity (POI) – front and back of the Customer’s valid photo ID (Passport, Driver’s Licence, National Identification Card, etc.);
- Proof of Residence (POR) – recent utility bill (apart from mobile bills) or bank statement from the last 3 months that includes the Customer’s full name and full address and the official name and emblem or logo of the issuing body;
- If the Customer is unable to provide the POR, the Company may agree—in its sole discretion; to accept instead of the POR a confirmation of a Post Box and a signed “Declaration of Address” (DOA).
- Proof of Payment (POP) - front and back of the credit or debit card used to make any deposit(s) showing only the name of the Customer, the expiry date of the credit or debit card, and the last four digits of the of the credit or debit card;
- If deposits are made by bank wire transfers; a proof of transfer or payment may be requested instead displaying the Customer’s ownership of the account from which the funds are transferred from along with the correct destination address (to the Company’s account), date, amount, and currency.
- If deposits are made by crypto e-wallets or other financial exchanges a proof of transfer or payment may be requested along with a proof of the Customer’s ownership of the account from which the funds are transferred, a completed Declaration of Wallet Ownership (DoWO) form, and correct destination address (to the Company’s Crypto account), date, amount, and currency.
- Transaction Authorisation / Declaration of Deposit (DOD) – an official form detailing all transactions made by the Customer into the Company’s accounts; said form is required to be reviewed, signed, and dated by the Customer and submitted back to the Company upon completion.
- Taxpayer Identification Number (TIN) – the Customer’s personal tax identification number as required for regulatory reporting.
- Declaration of Wallet Ownership (DoWO) – an official form where the Customer acknowledges the correct identification of their virtual crypto wallet and/or bank details used in connection with any deposits made into their Customer Account(s).
- Source of Funds / Financial History (SOF) – official documentation, declarations, and forms of any other financial transactions required by the Company in accordance with its Anti-Money Laundering (AML) regulations and policies.
The Customer may additionally be required to fill in a declaration questionnaire providing their trading experience and knowledge, previous financial history, and experience in investments, instruments, and trading.
In the event the Customer is signing up as a corporate body (corporate or unincorporated), the Company will also collect:
- Certificate of Incorporation;
- Signed Corporate Account Agreement;
- Shareholder’s Certificate(s);
- Shareholder’s Registry;
- Proof of Home Address (for all shareholders and/or directors) – recent utility bill or bank statement from the last 3 months that includes the Customer’s full name and full address and the official name and emblem or logo of the issuing body;
- Memorandum of Association;
- Articles of Incorporation;
- Passports for Directors and/or Shareholders (holding a stake over 20%);
- TINs for Directors and/or Shareholders (holding a stake over 20%); and
- If the corporate entity is unable to provide the above, the Company may agree—in its sole discretion; to accept instead a confirmation of a Post Box and a signed “Declaration of Address” (DOA).
A Customer Account is considered fully activated upon completion of the following requirements:
- Customer Full Name;
- Date of Birth;
- Proof of Identity (POI);
- Proof of Residence (POR);
- Proof of Payment (POP) and/or Bank Transfer Confirmation;
- Declaration of Deposit (DOD);
- Trading Experience and Knowledge Questionnaire;
- Proof of Home Address for Directors and/or Shareholders (holding stake over 20%);
- Taxpayer Identification Number (TIN); and
- Customer’s Signature on the Corporate Account Agreement.
It is the Customer’s responsibility to inform the Company as soon as possible if any personal information provided to the Company changes.
The Company is committed to the protection and secure storage of personal data and will handle Customer’s data in accordance with the Company’s Privacy Policy which can be found on the Website and is hereby incorporated into this Agreement by reference.
7. Funding Accounts
The Company shall provide the Customer with a range of methods for depositing funds into their Customer Account. These methods may include but are not limited to:
- Bank wire transfers;
- Credit and debit card transactions;
- Electronic payments and transfers;
- Cryptocurrency and e-wallet transfers.
The Customer shall be solely responsible for ensuring that the correct information is provided to the Company for any deposits. The Company reserves the right to refuse any deposit which does not meet the Company’s regulatory and compliance requirements or in cases where the Customer has failed to provide the necessary KYC documentation.
All funds deposited by the Customer into their Customer Account must originate from an account or source that is in the Customer’s name. The Company does not accept third-party deposits and reserves the right to return the funds to the original source if it determines that a deposit has been made by a third party.
The Company shall not be liable for any delay in the processing of funds due to the Customer providing incorrect or incomplete information.
8. Customer Money
Customer money refers to the funds the Customer deposits into their Customer Account to facilitate their use of the Company’s Systems, Products, and Services.
The Company holds Customer money in a separate bank account from its own money and does not use Customer money for any business activities, including for its own account purposes.
The Company will take all necessary measures to prevent and block both deposit and withdrawal requests by unauthorised third parties from the Customer Account.
Input and output requests of money from the account can be conducted only by the owner of that particular account.
9. Currency
All transactions on the Platform are denominated in a specified currency or cryptocurrencies as determined by the Company. The Customer acknowledges and agrees that they may be exposed to exchange rate fluctuations if their account balance or transactions are denominated in a currency other than their local currency.
The Company does not provide currency conversion services. Any conversion of currencies required for transactions on the Platform must be conducted by the Customer using an external service.
10. Website and Platform Use
The Customer agrees to use the Company’s Website and Platform in accordance with this Agreement and any additional terms and conditions provided by the Company.
- Use the Website or Platform for any illegal purposes;
- Attempt to gain unauthorized access to any part of the Website or Platform;
- Interfere with the proper functioning of the Website or Platform;
- Use the Website or Platform to transmit any viruses or other harmful code;
- Use the Website or Platform in a manner that could damage, disable, overburden, or impair the Company’s servers or networks;
- Use the Website or Platform to collect or store personal data about other users without their express consent;
- Use the Website or Platform to transmit any unsolicited advertising or promotional materials.
The Company reserves the right to restrict or terminate the Customer’s access to the Website or Platform at any time without notice if the Customer breaches this Agreement.
11. Orders and Instructions
The Customer may place orders for fractional gold coin NFTs through the Platform. All orders are subject to acceptance by the Company.
The Customer acknowledges and agrees that the Company may refuse to accept any order for any reason, including but not limited to the following:
- The Customer has provided incomplete or incorrect information;
- The Customer has not completed the KYC verification process;
- The Customer has not deposited sufficient funds into their Customer Account;
- The Customer’s account is under investigation for suspicious activity;
- The order would result in a violation of applicable laws or regulations.
The Customer agrees to provide the Company with all information and documentation required to process their orders. The Customer is solely responsible for ensuring that all information provided to the Company is accurate and complete.
12. Order Processing
The Company will process orders for fractional gold coin NFTs in accordance with this Agreement and any additional terms and conditions provided by the Company.
The Company reserves the right to modify or cancel any order if it determines that the order cannot be fulfilled due to circumstances beyond its control, including but not limited to:
- Market conditions;
- Supply constraints;
- Technical issues with the Platform.
The Customer acknowledges and agrees that the Company may delay the processing of any order if it determines that additional verification or documentation is required.
The Customer will be notified of the status of their order through their Customer Account or via email.
13. Delivery
Upon completion of an order and after the staking period, the Company will arrange for the delivery of the fractional gold coin NFTs to the Customer’s designated address or secure storage facility if the Customer so wishes.
The Customer acknowledges and agrees that the Company is not responsible for any delays or issues with delivery caused by third-party courier services.
The Customer must promptly inspect the delivered items and notify the Company of any issues or discrepancies within three (3) business days of receipt. The Company will not accept any claims for issues or discrepancies reported after this period.
14. Complaints Handling
The Company is committed to providing a high level of customer service and aims to resolve any complaints promptly and fairly.
If the Customer has a complaint about the Company’s Systems, Products, or Services, they should contact the Company’s customer support team at support@Auruescoin.co.uk.
The Company will acknowledge receipt of the complaint within three (3) business days and will aim to resolve the complaint within fifteen (15) business days.
If the Customer is not satisfied with the Company’s response, they may escalate the complaint to the Company’s compliance team at compliance@Auruescoin.co.uk.
15. Refunds and Returns
The subsequent Sections Clauses and Subclauses of this Article tackle the handling and procedure regarding returns refunds and exchanges of fractional gold coin NFTs the Buyer purchases from the Company’s Platform.
- Only delivered orders that meet the following criteria may be submitted for return:
- Orders that contain Product material and integrity defects; and/or
- Received orders that do not comply with the original order placed by the Buyer.
- The Seller does not accept returns for any other reasons unless required to do so by law.
- Only in such cases will the additional costs for returning the Products be at the expense of the Seller.
- In any other circumstances not including the ones mentioned in the above Section returns cannot be made due to the nature of the items being sold.
- In the case of damaged packaging of the shipment the Buyer must promptly indicate this circumstance to the courier/collection service provider directly.
- The Seller does not in any way guarantee the packaging and shipping of purchased orders as they are handled by third-party courier services.
- The Buyer has three (3) business days after receipt of the delivered shipment to notify the Seller of any issues by emailing us at support@Auruescoin.co.uk. The Buyer will be advised to submit proof of the reason for return and then return the Products to the Seller.
- Products must be returned as they were sent to the Buyer—in the original packaging and original condition.
- Once received, returned Products are subject to the Seller’s quality assessment before a refund or exchange is offered and issued. Per its sole discretion, the Seller reserves the right to offer, accept, or reject a request for refund or exchange.
- Per its sole discretion, the Seller also reserves the right to charge fees regarding returns, refunds, and exchanges:
- A restocking fee that equates to 10% of the Buyer’s purchase;
- A market loss fee representing any market loss to the Seller.
- Exchanges and refunds will be processed following the above process once a quality assessment has been conducted and applicable costs have been deducted.
- The Company holds the right to cancel, update, and modify any part of this Article at its sole discretion to ensure legality and productivity.
For further information regarding this policy, please refer to our separate “Refund and Return Policy” legal document or contact us at support@Auruescoin.co.uk.
For the avoidance of doubt, the above rights may not be used by customers who are legal entities or individuals who purchase products to carry out commercial or professional activities or enter into a contract with Aureus within the framework of their commercial or professional activities.
For any enquiries regarding the items order delivery and/or package received customers may contact the Company via the following email address: office@Auruescoin.co.uk.
16. Chargeback or Retrieval Request Handling
Any chargeback or retrieval request placed by the Customer through their credit card banking financial or regulatory institution against the Company will be viewed as a breach of the Customer’s affirmations in this Agreement.
- If the Company receives such a request or similar in nature, the Company thereby reserves the following rights:
- To combat, appeal, provide evidence against, escalate, or ignore it or any subsequent requests;
- To suspend any and all activity of the Customer and their account(s) immediately and without notice;
- To determine if it wishes to continue providing services to the Customer, precluding the outcome of the case; and/or
- To refund the Customer’s deposits and revoke any credits, benefits, yields, rewards, etc.
- Generally speaking, it is the Company’s legal right to dispute any and all chargeback, retrieval, or regulatory claims against it to the best of its ability using any and all resources, documents, forms, proofs, etc., about the Customer that the Company has at its disposal.
17. Notices
Notices or other communications under this Agreement shall be sent by:
- Email to the address provided by the Customer;
- Posting on the Company’s Website;
- Any other method deemed appropriate by the Company.
Notices shall be deemed to have been received by the Customer within twenty-four (24) hours of being sent or posted.
18. Contacts
The Customer may contact the Company’s customer support team at support@Auruescoin.co.uk for any questions or issues related to their Customer Account, the Company’s Systems, Products, or Services.
The Customer may also contact the Company’s compliance team at compliance@Auruescoin.co.uk for any regulatory or compliance-related enquiries.
19. Governing Law and Applicable Regulations
The operations Aureus conducts are centered around precious metals including but not limited to:
- Buying, selling, delivery, and storage of fractional gold coin NFTs;
- Trading and exchange services for fractional gold coin NFTs and virtual currencies;
- Transactions with fractional gold coin NFTs;
- Fractional gold coin NFTs available for export, import, and processing.
The Company’s operations are governed and controlled by the following authorities:
- The Financial Conduct Authority (FCA): In accordance with the Financial Services and Markets Act 2000 (FSMA), the FCA regulates Aureus’s activities regarding virtual currencies, financial promotions, and consumer protection.
- The Information Commissioner's Office (ICO): Governs the protection and storage of information and/or products as defined by the Data Protection Act 2018 and the UK General Data Protection Regulation (UK GDPR).
- The National Crime Agency (NCA): In accordance with the Proceeds of Crime Act 2002 and the Money Laundering Regulations 2017, the NCA concerns the storage and transport of financial and monetary funds.
In the field of eCommerce, Aureus is covered by the following Alternative Dispute Resolution (ADR) body:
20. Risk Disclosure and Warning
The Customer agrees and acknowledges that:
- The Customer is aware of the risks inherent in fractional gold coin NFT trading and is financially able to bear such risks and withstand any losses incurred.
- When the Customer trades online (via the Internet), the Company shall not be liable for any claims, losses, damages, costs, or expenses caused directly or indirectly by any malfunction or failure of any transmission, communication system, computer facility, or trading software, whether belonging to the Company, the Customer, any exchange, settlement, or clearing system.
- Under certain trading conditions, it may be difficult or impossible to liquidate a position. This may occur at times of rapid price movement, where the price rises or falls in one trading session to such an extent that trading is suspended or restricted according to the rules of the relevant exchange.
- Placing trading safeguards—such as limit orders—may not necessarily limit losses to the intended amounts because market conditions may make it impossible to execute such an order at the stipulated price.
- Digital assets and virtual currencies (including all NFTs) offered by the Company are currently unregulated. They have not been recognized or authorized as a medium for payment or as a commodity for trade in any form by a central bank, monetary authority, or governmental/regulatory body. Additionally, holding and transferring some or all digital assets and virtual currencies may be deemed illegal in the future. Since these assets and currencies are not backed by a central bank or any other financial regulator, there is no third party that may take corrective action upon the occurrence of a global/regional crisis. Additionally, since these assets and currencies are held online, they are susceptible to security breaches and government crackdowns that may compromise the integrity or anonymity of the system producing such assets and currencies.
Taking all the aforementioned Sections, Clauses, and Subclauses of this Article into consideration, the Customer is encouraged to obtain appropriate legal counsel before registering with and using the Website and employing the use of the Company’s Services and Products.
21. Anti-Money Laundering
As per the Money Laundering Regulations 2017, the Company is obligated to identify its customers and require them to submit a declaration of origin of fiat funds before performing operations or concluding transactions:
- For amounts over ten thousand pounds (£10,000) or their equivalent in foreign currency.
- Also when performing multiple operations or transactions collectively exceeding the specified amounts or when related.
The Company reserves the right to request necessary documents for customer identification and fund origin declaration as per Articles 8 and 25 of this Agreement.
22. Privacy Statement Personal Data and Recordings
The Company may store, use, or process personal data about the Customer provided by them or on their behalf, including but not limited to:
- Customer Full Name;
- Date of Birth;
- Address;
- Contact Details;
- Phone Number; and/or
- E-mail Address;
- Trading Experience;
- Proof of Identification (POI);
- Proof of Residence (POR) that is not older than 90 days;
- Proof of Payment (POP);
- Declaration Statement;
- Declaration of Wallet Ownership (DoWO);
- Taxpayer Identification Number (TIN);
- Credit/Debit Card Copies;
- Bank/Wire Transfer Confirmations;
- Banking or Credit History;
- Declaration of Deposit Forms;
- Withdrawal Consent Forms;
- Signatory Authorisation Form (POA or Board Resolution);
- Source of Funds Documents;
- Financial History;
- Contracts;
- Certificate of Incorporation;
- Shareholders Certificate;
- Passport Scans for Directors and/or Shareholders (holding stake over 20%);
- Proof of Home Address for Directors and/or Shareholders (holding stake over 20%) that is not older than 90 days;
- Signed Corporate Account Agreement between the Company and the Customer;
- TIN (Taxpayer Identification Numbers) for Directors and/or Shareholders (holding stake over 20%);
- Legal Documents etc.
The purposes for storing, using, or processing personal data include providing Products and Services, KYC verification, fraud prevention, compliance reporting, and crime prevention.
23. Confidentiality
Any data or information held by the Company about the Customer is confidential and will only be used in connection with the Products, Services, and Systems under this Agreement, unless such information is already in the public domain.
The Company will take reasonable steps to protect Customer data and maintain confidentiality but may disclose such data:
- Where required by law or regulation;
- Where required by any regulatory or government body;
- To protect Company rights or property;
- To ensure Customer safety or that of others; or
- To provide requested Products and Services.
24. Warranties
The Customer represents and warrants that:
- They have the legal right to enter into and perform this Agreement;
- They will comply with all applicable laws and regulations in relation to their use of the Company’s Systems, Products, and Services;
- They will provide accurate and complete information to the Company and will keep such information up to date;
- They will not use the Company’s Systems, Products, or Services for any illegal or unauthorised purpose;
- They will not use the Company’s Systems, Products, or Services in a manner that could damage, disable, overburden, or impair the Company’s servers or networks;
- They will not use the Company’s Systems, Products, or Services to transmit any viruses or other harmful code;
- They will not use the Company’s Systems, Products, or Services to collect or store personal data about other users without their express consent;
- They will not use the Company’s Systems, Products, or Services to transmit any unsolicited advertising or promotional materials.
The Company represents and warrants that:
- It has the legal right to enter into and perform this Agreement;
- It will comply with all applicable laws and regulations in relation to the provision of its Systems, Products, and Services;
- It will provide the Customer with accurate and complete information about its Systems, Products, and Services;
- It will use reasonable care and skill in providing its Systems, Products, and Services;
- It will take all reasonable steps to protect the Customer’s data and maintain confidentiality.
25. Limitation Of Liability
The Company shall not be liable to the Customer for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, revenue, data, or use, arising out of or in connection with this Agreement, even if the Company has been advised of the possibility of such damages.
The Company’s total liability to the Customer for any and all claims arising out of or in connection with this Agreement shall not exceed the total amount of fees paid by the Customer to the Company during the twelve (12) months preceding the date on which the claim arose.
The Customer acknowledges and agrees that the Company’s Systems, Products, and Services are provided on an "as is" and "as available" basis, and that the Company makes no representations or warranties of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.
26. Other Legal Requirements
Under the Money Laundering Regulations 2017, fiat payments for orders equal to or exceeding ten thousand pounds (£10,000), or their equivalent in foreign currency, can be made by specified methods.
This requirement also applies to payments less than ten thousand pounds (£10,000) if they are part of a larger contract exceeding ten thousand pounds (£10,000).
27. Amendments and Access
The Company reserves the right to amend this Agreement at any time and will provide the Customer with notice of any such amendments. The Customer’s continued use of the Company’s Systems, Products, or Services after any amendments to this Agreement constitutes the Customer’s acceptance of such amendments.
The Company reserves the right to restrict or terminate the Customer’s access to the Company’s Systems, Products, or Services at any time without notice if the Customer breaches this Agreement.
28. Suspension, Cancellation, and Termination
The Customer may cancel this Agreement and close their Customer Account after settling pending transactions.
The Company may, at its discretion, suspend or terminate Customer access to Systems, Products, or Services for reasons including Agreement violations, unauthorized access attempts, misuse of Services, illegal activities, or governmental requests.
The Company reserves the right to cancel inactive or unverified accounts and modify or discontinue Products or Services without notice.
29. Agreement Confirmation and Signature
By accepting this Agreement, the Customer acknowledges they have read, understood, and agree to be bound by these Terms and Conditions and any additional terms provided by the Company.
This Agreement supersedes all prior terms and conditions and constitutes the entire agreement between the parties.
The Customer provides a digital signature to confirm acceptance and authorize the Company to act on their behalf as per this Agreement.