Disclaimer / Privacy Policy / Returns / Refunds / Payments / Terms and Conditions

ELECTRONIC ORDER ENTRY RISK DISCLOSURE AND DISCLAIMER

Royalex specifically disclaims any liability or responsibility for orders placed via the Royalex online order entry system, for any loses, or direct, indirect, consequential or incidental damages, which you may recognize or incur as a result of the use of the Royalex online order entry system. Further, Royalex specifically disclaims any liability for the interruption, cancellation or other termination of the Royalex online order entry system.

POSSIBLE SYSTEM FAILURE

Order entry systems have been designed to provide an efficient and dependable method for entering orders. Commercial internet service providers are not 100% reliable and a failure by one or more of these providers may affect internet based order entry. The customer acknowledges that the order entry system is a mechanical system and as such may be subject to failure beyond the control of Royalex. The customer acknowledges having read, understands the order entry system risk disclosure and disclaimer.

LIMITATION OF LIABILTY

All orders placed through the order entry system are taken on a best efforts basis. Royalex shall not be responsible for errors, negligence or inability to execute orders. Nor shall Royalex be responsible for any delays in the transmission, delivery or execution of customer’s order due to breakdown or failure of transmission or communication facilities, or to any other cause or causes beyond Royalex’s reasonable control or anticipation.

Royalex Precious Metals Limited (“Royalex”) is committed to safeguarding your privacy. This Privacy Policy describes Royalex’s policy and procedures on the collection, use and security of the information collected from its customers.

Consent

By using Royalex’s website and submitting Personal Information to Royalex, you agree that Royalex may collect, use and disclose such Personal Information in accordance with this Privacy Policy and as permitted or required by the Personal Data (Privacy) Ordinance of the Macau Special Administration Region of the People’s Republic of China. If you do not agree with these terms, please refrain from providing any Personal Information to Royalex. If you refuse or withdraw your consent, or if you choose not to provide Royalex with the required Personal Information, Royalex may be unable to provide you with services that require access to certain Personal Information.

Personal Information
“Personal Information” as used in this Privacy Policy is information that specifically identifies an individual customer, such as an individual’s name, e-mail address, postal address, phone number, and credit card information.
Royalex respects your privacy.
All Personal Information held or collected by Royalex is protected in accordance with the requirements of theOrdinance. This means Royalex will never willfully disclose individually identifiable information about its customers to any third party without a customer’s consent.

Collection of Personal Information
In order to use certain services offered by Royalex, it is necessary to first register on Royalex’s website or to complete an application form.
Royalex will collect adequate, but not excessive, Personal Information for lawful purposes directly related to its services.
Royalex will not collect any personal information pertaining to individuals except when specifically and knowingly provided by such individuals.

Use of Information Gathered
All Personal Information provided to Royalex by its customers is held with the utmost care and the strictest of security, and will not be used in ways other than those consented to.
Royalex may share non-personal aggregate, or summary information regarding its customers with its businesspartners or other third parties, however Royalex does not sell or share any information at the individual customer level.
Your IP address is maintained solely for administrative and technical purposes.

Use of Personal Information in Direct Marketing 
Royalex intends to use your Personal Information for direct marketing of products and services but cannot do so without your consent. As such, please note the following:
a) the Personal Information used for this purpose includes your name, postal address, email address and phone number;
b) the Personal Information provided by you will be used by Royalex for the purpose of direct marketing, which will include offers, promotions, advertisements and surveys regardingrelated products and services;
c) the direct marketing materials described in sub-paragraph b) may be provided directly by Royalex Precious Metals Limited, or by any of its parent companies, subsidiaries or other related entities.
d) Personal Information may also be transferred to Royalex Precious Metals Limited’s parent companies, subsidiaries or other related entities for their use in providing you with the direct marketing materials described in sub-paragraph b);
You may indicate your objection at any time if you do not wish for Royalex to use your Personal Information for direct marketing as described above. To do so, please follow the opt-out procedure described below.

Opt-Out Features
Royalex puts control over communications directed to you where it belongs: in your hands. Every time Royalex collects Personal Information about you, you can:
Contact Royalex if you do not want to receive certain communications such as e-mails, newsletters announcing specials or new features.
Alter your email preferences or unsubscribe from direct marketing emails by either calling Royalex at 853 2835 3898 or by sending an email to promotion@royalexsilver.com with the word “unsubscribe” as the subject header.

Use of “Cookies” 
A cookie is a small data file that certain websites write to your hard drive when you visit them. A cookie file can contain information such as a user ID that the website uses to track the pages you have visited. The only personal information a cookie can contain is information you supply yourself. A cookie cannot read data off your hard disk or read cookie files created by other sites.
You can refuse cookies by turning them off in your browser. You do not need to have cookies turned on to use Royalex’s website.

Security 
Royalex has security measures in place to protect the loss, misuse and alteration of the Personal Information under its control. All of Royalex’s employees are aware of its security policies. Customer Personal Information is made available only to selected employees who need to have access to it in order to complete your order.

Access to and Control over Personal Information 
You can do the following at any time by emailing Royalex at promotion@royalexsilver.com:
a) Inquire about what Personal Information Royalex has about you.
b) Request access to any of your Personal Information.
c) Update, change or make corrections to your Personal Information.
d) Request that Royalex delete any of your Personal Information.
e) Express any concerns that you have about Royalex’s use of your Personal Information.
For security reasons, a faxed or scanned copy of photo ID may be required to make certain changes.

Changes to the Privacy Policy
This Privacy Policy may be revised periodically without notice at any time. Except if otherwise expressly provided, changes will be effective immediately upon posting on Royalex’s website.. In general, your Personal Information will only be used in the manner described in the Privacy Policy in effect when that Personal Information was received. Your continued use of the website or of any of the services provided by Royalex, with or without any consent renewal procedure being undertaken, constitutes your agreement to this Privacy Policy and any future revisions.

Version
If there is any inconsistency or conflict between the English and Chinese versions of this Privacy Policy, the English version shall prevail.

Contacting Royalex 
If you have any questions regarding Royalex’s privacy statement, the practices of this website, or your dealings with Royalex, you can contact:

Royalex Precious Metals Ltd.
Rua De Pedro Nolasco Da Silva No.16 Macau

Tel: 853 2835-3898
Fax: 853 2835-3872
Email: info@royalexsilver.com
Business Hours: Monday to Sunday, 11:00 AM – 8:00 PM Macau time

Updated on 01- 01- 2019

  1. 本網店上購買的產品均享有由收貨日計起15天內的退換貨服務。但受以下條件限制不設退換:

                a. 產品收貨期已逾15天;
                b. 產品已開封,如包裝膠紙或包裝盒被撕去;
                c. 產品並未保持完好的包裝、已受破壞、損毁或不完整;

  1. 如要求換取並非同款產品,只接受以補差價的形式換取價格高於所購買的產品,不設退款,及本網店不負責更換產品時所需的任何費用。
  1. 如遇到退回的貨品已售罄,本網店會將該貨品的退款金額,以原本的付款方式退回。而退款時間請看以下:
    • 信用卡:4~6星期
    • 銀行匯款:4~6星期
[備註]
  1. 以銀行匯款方式退款所涉及的手續費用,將由退款金額中扣除,我們不會承擔任何銀行匯款之手續費用;
  2. 由於我們網站暫時未能提供現金退款服務。因此,銀行存款的訂單將會以(澳門幣)支票方式處理。
  3. 請注意在退換或退款之前,必須檢查及驗證該貨品,如發現情況未能符合我們的退換規條,該貨品將不獲退換或退款,我們亦不會負責將貨品退回。
  1. 本網店默認順豐快遞,按照訂單的派送地區發送,運輸相關費用可於結算時在訂單中查看。
  2. 一般而言,訂單將於確認後1至2天內發貨。在可行的情況下,會盡早安排發貨,請參閱以下訂單處理和派送時間的例子。
    中午12時前提交 目標派送時間
    週一 週二 至 週三
    週二 週三 至 週四
    週三 週四 至 週五
    週四 週五 至 週六
    週五 週六 至 下週一
    週六 下週一 至 週二
    週日 下週二 至 週三

     

    [備註] 
    a. 訂單將會於星期一至六處理(星期日及公眾假期除外)。請注意,中午12時後提交的訂單將於翌日處理; 
    b. 派送時間只適用於平常日子。於繁忙時節或其他重要日子(情人節、母親節等),可能需要額外的天數安排發送訂單。訂單一般都能準時派送,但偶爾會出現延誤。因此,建議顧客盡早提交訂單。
  3. 訂購貨品寄出後,客人將會收到附有郵件編號的電郵。其後請登入速遞公司的網站,透過郵件編號查看派送進度。請注意,在收到郵件編號前,客人將無法查閱派送狀態。
  4. 如需運送的國家或地區不在運輸的範圍內,請即聯絡我們: Mail: info@royalexart.com
  1. Credict-card:接受Visa、Master、JCB三種發卡組織的信用卡。作業流程透過SSL加密機制,保障您的個人隱私資料。
  2.  Bank Transfer:Make your payment directly into our bank account. Please use your Order Number as the payment reference. Your order will not be shipped until the funds have cleared in our account.

    Beneficiary Name: Royalex Precious Metals, Ltd.
    Beneficiary Bank: Bank of China Macau Branch
    Bank A/C(HKD) : 17-11-10-111153
    Beneficiary Add: Rua De Pedro Nolasco Da Silva, No. 16, Macau
    Bank Add: Avenida Doutor Mario Soares Macau
    Swift Code: BKCHMOMX

1. Definitions and Interpretation: 
1.1. Definitions 
For the purpose of these Terms and Conditions, the following terms shall have the meanings specified below, unless otherwise indicated:
“Agreement” or “Terms and Conditions” shall mean these terms and conditions that shall govern the relationship between Royalex and the Customer with respect to the Online Store, except as otherwise specifically provided for, and as same may be amended from time to time, without notice;
“Business Day” shall refer to Royalex’s operational hours, between 11:00 a.m. and 6:00 p.m., Monday through Friday, but not referring to the physical store of all branches ;
“Cleared Royalex Account” shall mean goods as may be amended from time to time, purchased through Royalex, that have been paid with cleared funds;
“Customer” shall mean a customer who enters into a transaction with Royalex for the purchase or sale of goods;
“Customer Purchase Transaction” shall mean any sale operation whereby Royalex sells goods to its Customer;
“Customer Sale Transaction” shall mean any sale operation whereby Royalex purchases physical Precious Metals or Royalex account from its Customer;
“Macau” shall mean Macau Special Administrative Region of the People’s Republic of China;
“Royalex” shall mean Royalex Precious Metals Limited;
“Online Store” shall mean and refer to Royalex’s Precious Metal Store, available at http://www.royalexart.com;
“Royalex account” shall mean goods purchased through Royalex;
“Open Transactions” shall mean all contemplated, submitted and booked Customer Purchase Transactions and Customer Sale Transactions which have not been completed, as defined in Section 4.7.

1.2. Interpretation
In these Terms and Conditions, unless inconsistent with the context, words denoting person include corporation and firm, words denoting masculine gender include feminine gender, and words denoting singular number include plural number and vice versa.
The Section headings herein are inserted for convenience only and for reference, and in no way define, limit or describe the scope of these Terms and Conditions or the intent of any provision thereof.

1.3. Applicability 
The following Terms and Conditions shall govern all transactions between the Customer and Royalex which are placed via internet on Royalex’s Online Store. Transactions placed in person or by telephone shall be governed by the Royalex Precious Metals Limited General Terms and Conditions.
It is the Customer’s responsibility to confirm that their transaction conforms to the Terms and Conditions as set out in each of the above scenarios.

2. Application
Customers wishing to purchase from Royalex must have an account. For Customers who currently have a Royalex account, please refer to Section 3 of these Terms and Conditions.

2.1. Individual Customers
Individuals may create an account with Royalex online, in person or by mail. All individual customers are required to submit a copy of their government issued primary identification document with photo therein and residential proof to complete the account application process.

2.2. Business Customers 
Business customers may create an account by mail or in person. The following documentation is required for all Business customers:

  • A completed application form for a business account;
  • Signature specimen of the person authorized to sign and transact in the business account;
  • A completed and signed copy of a Certified Business/Trust Resolution containing name of the person authorized to sign and transact on the business account;
  • A clear copy of one valid, government issued photo identification for each signing authority on account.

Depending on the type of business entity, a copy of the following documentation will also be required:

[ Sole Proprietorships ]:Business Registration Certificate; and Latest address proof.
[ Partnerships ]:Business Registration Certificate; and Partnership agreement.
[ Corporations ]:Business Registration Certificate; Most recent filed Annual Return, if any;Particulars of directors ; Memorandum and Articles of Association/Articles of Association; Board resolution; and Certificate of Incorporation.
[ Trusts ]:Trust deed/indenture; and All subsequent amendments changing trustees and/or trustee powers (if applicable).
[ Other Legal Entities- unincorporated associations, community groups, non-profit organizations, registered charities, or places of worship ]: Business Registration Certificate (except the non-profit making organizations with exemption); Registration/Charter documents; and Current bylaws.


Failure to provide all required documentation as set out above may delay the opening of the business customer account. Upon receipt and formal acceptance of the completed business customer application and copies of the required documentation, Royalex will send a confirmation to the Customer as to whether the application has been approved or rejected. Once the application is approved, Royalex will open an account and inform the Customer of their account details.

The Customer acknowledges that Royalex relies on the veracity of all information provided by the Customer when processing any application. By agreeing to these Terms and Conditions, the Customer warrants that all information provided is true and accurate.

3. Transactions
3.1. Purchase Restrictions
Royalex may restrict goods purchases based on a minimum quantity or value.

Royalex reserves the right to shift the payment date of the goods to an earlier day

Royalex reserves the right to unilaterally amend existing restrictions or implement new restrictions without notice at any time.

3.2. Customer Purchase Transactions
Once the Customer Purchase Transaction is submitted (both online as well as by telephone), the client should pay the total price of the product as a deposit, and should follow the payment method which had mentioned in clause 4.

3.3. Transportation cost and Deposit
As stated in the clause 3.2, once the transaction have been submittedthe customers should make a 100% payment of the sum of the transportation cost and the total amount of the goods . As long as the customers can not complete the transaction associate with the total amount of the deposit in time as in clause 4.2 stated, Royalex reserve the right to cancel such transaction.

3.4. Registration a customer transaction

Once the customers submitted the transaction associate with 100% payment of the sum of the transportation cost and the total amount of the goods. Royalex will check in this transaction.

Once the transaction have been checked in, the customers may received a email for notification.

Royalex reserve the right for deciding whether to accept the transaction or not. Once the transaction have been canceled by Royalex, the market loss repayments and administrative fees will not be applied to such transaction.

Royalex reserve the right to decide whether to accept a transaction command or not. As a transaction have been canceled or refused before check in. The market loss repayments and administrative fees will also not being take part in.

Royalex encourage the customers sign in Royalex’s website after submitted the purchase or sale transaction within 24 hours in order to check the status.

4. Payment

4.1. Acceptable Methods of Payment
Royalex accepts the following methods of payment for Customer Purchase Transactions:
* Bank wire
* Cleared funds on a Royalex account
Note that for any single transaction, payment can be made by only one method in addition to funds on account. Multiple bank wires will not be accepted as payment for a single order.

Royalex may refuse payments or funds (in any form whatsoever, including, without limitation, cheques, bank drafts, money orders or bank wires) received from an individual or from an entity that is not the named account owner. Furthermore, Royalex may request additional documentation before such payment or funds are applied to Customer’s Royalex account.

4.2. Payment Deadlines – Customer Purchase Transactions

Payment must be sent to Royalex within one (1) Business Day from the date on which a transaction is booked. Payments made by bank wire must be received by Royalex no later than three (3) Business Days from the date on which a transaction is booked.

Should a Customer fail to send payment within one (1) Business Day from the date on which a transaction is booked, or if Royalex does not receive payment within the deadline specified above, Royalex reserves the right to cancel the transaction and the Customer will be liable for market loss repayments and other fees, as described in Sections 5 and 6.

4.3. Funds on a Royalex Account
Customers may add funds to their Royalex account (also referred to as “funds on account”). Cleared funds on a Royalex account shall be used towards payment for Customer Purchase Transactions, as described in Section 4.1, and may be used to lock in a price for Customer Purchase Transactions, as described in Section 3.2. In order for funds on account to be considered cleared, there must be no hold placed on the funds, and applicable holding periods must have elapsed.
Funds on a Customer’s Royalex account belong to the Customer until they are applied to a specific transaction or used as payment for any amount due to Royalex. These funds shall be specifically identified as money belonging to the Customer and segregated at all times from funds belonging to Royalex.
4.3.1. Customers residing or having their principal place of business in Macau
Customers residing or having their principal place of business in Macau may use the following methods to add funds to their Royalex Account:
* Certified cheque, Cashier’s cheque, Cashier Order, Official Cheque (subject to a holding period of four (4) Business Days from the date of receipt to ensure clearance)
* Personal and business cheques (subject to a holding period of four (4) Business Days from the date of receipt to ensure clearance)
* Bank draft (subject to a holding period of four (4) Business Days from the date of receipt to ensure clearance)
* Bank wire
* Cash (in person only)
4.3.2. Customers residing or having their principal place of business outside of Macau
Customers residing or having their principal place of business outside of Macau may add funds to their Macau Account by bank wire only.

4.4. Cheques
Cheques are an acceptable method of adding funds to a Macau account for Customers residing or having their principal place of business in Macau, as described in Section 4.3 (subject to applicable holding periods). Cheques must always reference Customer’s Macau account in order for funds to be properly applied to said account.

Cheques will be returned to the Customer by Royalex if they are incorrectly written (for reasons which include, without limitation, incorrect or missing date, dollar amount discrepancies, incorrect spelling of payee or missing signature). Incorrectly written cheques will be returned to the Customer via regular mail once the Customer has been notified by Royalex of the returned cheque. Customers may choose to have their cheque returned via courier upon payment of relevant shipping fees.
Cheques are returned by the bank in cases of fraud, counterfeiting, NSF (Non Sufficient Funds) in Customer’s account, ACL (Account Closed) or CNT (Cannot Trace). Returned cheques will be subject to the administrative fee described in Section 6.1.2.

4.5. Bank Wires
Royalex’s bank wire information is made available to the Customer at the end of the online ordering process, through the Customer’s online account transaction details. This information is also made available to the Customer by e-mail, once a transaction is booked.
Bank wire transfers must respect the payment deadlines described in Section 4.2 herein. Bank wire transfers must always reference the Customer’s Royalex account in order for funds to be properly applied to said account.
4.5.1. International Bank Wires
International bank wires may be subject to correspondent bank fees that are deducted while a wire is in transit. As Royalex’s bank is simply the recipient bank, it is impossible to determine the fees that may be deducted by any correspondent banks. Royalex highly recommends that all Customers sending funds from a bank outside of Macau include an additional amount on their bank wire to accommodate for any fees that may be deducted by a correspondent bank. The Customer should confirm with their banking institution the exact amount that may need to be included in the wire to cover all fees that may be deducted. Royalex will always credit the entire amount it receives to the Customer’s account. Should no fees be deducted, the entire bank wire amount will be credited to the Customer’s account.
Customers may also request confirmation of any correspondent bank fees upon initiation of a bank wire. Royalex suggests Customers contact their banking institution for further clarification.  

4.7. Completing a Customer Transaction
4.7.1. Customer Purchase Transactions
A Customer Purchase Transaction is completed when payment is received in full within the payment deadlines described in Section 4.2, provided that no hold is placed on payment, and Royalex performs its principal obligation.
For Customer Purchase Transactions of goods, Royalex’s principal obligation is presumed to have been performed if Royalex attempted to deliver the products but was prevented from doing so by the actions or negligence of the Customer, or when Royalex consents to the Customer taking possession of the products.
Legal ownership of the goods will be considered transferred from Royalex to the Customer once the transaction is completed.

5. Transaction Cancellations
When cancelling a transaction, market loss repayments may apply for the reason that a submitted transaction constitutes a binding agreement between Royalex and the Customer. Depending on whether a Customer transaction is a purchase or a sale, any applicable market loss repayments will be determined based on the following:

5.1. Customer Purchase Transactions
In the event a Customer Purchase Transaction is cancelled (whether by the Customer or by Royalex for failure to receive payment in full within payment deadlines, as stipulated above), market loss repayments may be applicable. This fee is calculated based on whether there has been a loss in market value of the goods(market loss) from the time the price is locked in for a submitted transaction to the time a transaction is cancelled.

5.2. Cancellation at the Customer’s request

Transactions may be cancelled at the Customer’s request, provided payment has not been received in full. Should the Customer request a cancellation, the above cancellation policy will be considered in effect. Fees will be calculated based on Royalex’s price at the time a cancellation request is submitted, as described in detail in Sections 5.1 and 5.2. Customers must submit all requests for cancellation by telephone or in person only.

 

6. Fees
The following section outlines all fees that Royalex may charge the Customer in relation to Royalex account goods. Unless otherwise specified, all fees stated are in US Dollars. For transactions in MOP, fees will be converted based on the US Dollar exchange rate offered by Royalex.

6.1. Shipping and Insurance Fees
Should the Customer request that Royalex arrange for shipping or delivery of goods, shipping and insurance fees will be applicable.

6.1.1. Remote Area Shipments
For orders shipping to remote areas (within Macau or internationally), a surcharge may be applicable in addition to the shipping and insurance fees stated in Section 6.3.

6.1.2. Large Value Shipments
For orders over USD$75,000.00 goods, Royalex may recommend or require shipment via armored vehicle, which will require delivery to a business, bank, or depository service. If applicable, the Customer is responsible for all shipping and insurance costs for armored vehicle service. A quote for shipping and insurance fees will be provided by Royalex after a transaction has been submitted, on a case by case basis.

6.2. Taxes and Duties
Should the Customer request delivery of goods to a location outside Macau, taxes and duties, including Value Added Taxes (VATs), may be applicable, depending on the country of import. The Customer, in agreeing to these Terms and Conditions, acknowledges that any taxes or duties, including VATs, will be the sole responsibility of the Customer and Royalex will not be held liable for any fees, and that the Customer will be responsible for any importation compliance.

6.3. Pick-up and Drop-off Fees
Should the Customer submit a Purchase Transaction and pick-up at one of Royalex’s depositories, a pick-up fee may be applicable.

6.4. Sales Tax
All fees quoted herein and on Royalex’s Online Store are exclusive of sales tax. Taxes may apply on some transactions.
For more information, please contact Royalex.

6.5. Storage Fees and Account Administration Fees
If the Customer purchases from Cleared Royalex account to goods and chooses to pick up at one of the Royalex’s depository locations, the Customer shall pick up the goods within 14 days (both commencement date and ending date are inclusive) from the date of order and pay the pick-up fee as required in Section 6.5. In case that the Customer does not pick up in time, a storage fee and account administration fee will be applicable. The amount of storage fee and account administration fee will be available on Royalex’s website: www.royalexart.com, but in any event, the minimum account administration fee will be at least USD$100 and the storage fee will be charged at the rate of at least USD$10 per day.
Unless and until the Customer settles the storage fee and account administration fee and all other fees, the goods will not be released to the Customer.
Royalex has absolute discretion to unilaterally amend the storage fees and account administration fee without notice from time to time.

7. Right to Withholding and Compensation (Set-off)
To secure the repayment of any sums payable by Customer to Royalex, including, without limitation, for transactions, market loss repayments and fees, Customer undertakes to maintain and consents that Royalex withholds cleared funds on Customer’s Royalex account or Cleared Royalex account, in an amount corresponding to those needed to lock in a price for Customer Transactions, as described in Sections3.2 and 3.3. Royalex may withhold said funds on Customer’s Royalex account or Cleared Royalex account until full payment has been received. 

In case of cancellation of a transaction or non-payment by Customer of any sums payable to Royalex, Royalex shall be entitled to operate compensation, or set-off, between sums payable by Customer to Royalex and any funds on Customer’s Royalex account at any time, without prior notice to Customer.

8. Royalex Account
As defined in the present Agreement, Royalex account is comprised of unallocated goods purchased through Royalex. Royalex account may consist of Precious Metals in any form whatsoever, including, without limitation, bars, coins, scrap metal, toys and clothes. These goods are available to Customers who hold Royalex account at any time, subject to payment of related fees and the time necessary for fabrication and delivery. Royalex account is stored in secured depositories in various locations. Said depositories are chosen by Royalex at its sole discretion.

9. Transfer and Use of Personal Information
In the course of the Customer’s transactions with Royalex, Royalex will have access to, be entrusted with and become privy to confidential personal information belonging to the Customer. All of the private information will not being pass to any third before the authorization of the customers.

10. Risk
10.1. Advice
Royalex has not offered or given and will not provide any investment advice in connection with any transaction and has not offered or given any opinion with respect to the suitability of any transaction made or which might be made by the Customer.
The Customer warrants that Royalex has not offered or given any investment advice to Customer in connection with the products and services offered by Royalex. In addition, Royalex has not given Customer any opinion with respect to the suitability of any of its products or services for Customer.

 

11. Royalex’s Rights
Royalex hereby reserves the following rights and the Customer acknowledges and agrees to the following:

  • Royalex may adjust ASK and BID prices at any time without prior notice.
  • Royalex may withdraw or limit the products or services provided by telephone, in person and on Royalex’s Online Store, or may suspend the availability of Royalex’s Online Store, or suspend the booking of transactions submitted to Royalex, without notice at any time.
  • Royalex may cancel or reject any order at any time.
  • Royalex may place limits on the amounts that may be offered for sale in any twenty-four (24) hour period.
  • Royalex may terminate this Agreement at its sole discretion and may freeze an account or liquidate and close an account at any time for any reason including but not limited to the abuse of policy, criminal activity, circumvention of Royalex’s web security services, and any other violation of these Terms and Conditions. If the Customer has Royalex account, Royalex will close the Customer’s Royalex account and liquidate any Royalex account holdings and send the Customer a cheque or bank wire as explained in sub-section 4.6 herein.

12. Limitation of Liability
Royalex hereby reserves the following rights and the Customer acknowledges and agrees to the following:

12.1. Capital Gains/Income Taxes
Royalex does not report any Customer transactions to the government authority unless it is required by law or court order; however, the purchase or sale of goods may be considered reportable as taxable income in the relevant jurisdiction. It is the Customer’s responsibility to contact a financial advisor for further information. Royalex will not be held liable for any capital gains or tax implications due to the purchase or sale of goods by the Customer in the relevant jurisdiction.

12.2. Technical Issues
12.2.1. Electronic Order Entry Risk Disclosure and Disclaimer
Royalex specifically disclaims any liability or responsibility for orders placed via the Royalex online order entry system, for any losses, or direct, indirect, consequential or incidental damages, which the Customer may recognize or incur as a result of the use of the Royalex online order entry system. Further, Royalex specifically disclaims any liability for the interruption, cancellation or other termination of the Royalex online order entry system.
12.2.2. Negligence
All orders placed through the order entry system are taken on a reasonable efforts basis. Royalex shall not be responsible for errors, negligence or inability to execute orders. Nor shall Royalex be responsible for any delays in the transmission, delivery or execution of Customer’s order due to breakdown or failure of transmission or communication facilities, or to any other cause or causes beyond Royalex’s reasonable control or anticipation.
12.2.3. Possible System Failure
Order entry systems have been designed to provide an efficient and dependable method for entering orders. Commercial internet service providers are not 100% reliable and a failure by one or more of these providers may affect internet based order entry. The Customer acknowledges that the order entry system is a mechanical system and as such may be subject to failure beyond the control of Royalex.

12.3. Internet Security
Royalex adheres to the highest security measures to ensure Customer data is protected against theft, loss, and corruption, and against the misuse and alteration of any Customer data stored on Royalex’s servers. However, when a Customer accesses their account via a public or unsecured computer terminal or if a Customer chooses to share their account username and password (“Electronic Identification Information”), Royalex cannot guarantee the security of account data.
Sensitive communication between the Customer and Royalex’s online store is always protected via encryption while in transit, using the SSL encryption standard. However, the Customer should be aware that Royalex has no control over the privacy of Customer e-mail communications with us. We highly recommend that Customers not include private and sensitive information in e-mails to Royalex, including, but not limited to, account numbers, balances, passwords, Electronic Identification Information, etc. Royalex will not be held liable for any damages suffered by Customers should they transmit confidential or sensitive information to Royalex through e-mail.
Information provided on Royalex’s website is not intended to provide legal, accounting, or tax advice, and should not be relied upon in that regard. Royalex is not responsible in any manner for direct, indirect, special or consequential damages howsoever caused, arising out of the use of its website.

12.4. Indemnification
Except as otherwise expressly provided, Royalex shall not be liable for any loss or damage, whether direct or indirect, resulting from the transactions contemplated by these Terms and Conditions.
Royalex shall not be liable under any circumstances whatsoever for special, incidental, consequential, indirect or punitive losses or damages (including lost profits or lost savings), whether or not caused by the fault or neglect of Royalex and whether or not Royalex had knowledge that such losses or damages might be incurred.
The limitations and exclusions in this Section shall apply to all claims of whatsoever nature, kind and description, whether arising from breach of contract, delay or non-delivery of services, negligence or otherwise.

12.5. Force Majeure
Royalex shall not be liable for any failure to perform its obligations hereunder due to fire, computer viruses, network failure, computer hardware failure, explosion, flood, lightning, act of terrorism, war, rebellion, riot, sabotage, orders or requests of any government or any other authority, legislative changes, strikes, lockouts or other labour disputes, or events or circumstances beyond its reasonable control, but Royalex shall use commercially reasonable endeavors to minimize dangers or losses to the Customer as a consequence of such events.

13. Customer Obligation and Liability 

13.1. Compliance and Due Diligence
The Customer is responsible for complying with all laws of the jurisdiction from which the Customer accesses the Royalex Website or receives the services described herein, and the Customer shall at all times be solely responsible for obtaining any authorizations required by any authoritative body in such jurisdiction.
The Customer has carried out reasonable due diligence to ensure that the purchase and sale of goods as provided under these Terms and Conditions is not contrary to any laws or regulations of the Customer’s governing jurisdiction, and that the acceptance of these Terms and Conditions by the Customer and the entering into of a Customer Purchase Transaction or Customer Sale Transaction is not contrary to any federal, provincial, state, special administrative region, city, or any other law or regulation applicable to the Customer.

13.2. Protection of Electronic Identification Information
It is the Customer’s obligation to ensure that its Electronic Identification Information is kept secret. The Customer agrees to keep their Electronic Identification Information and all components thereof secret and safe to prevent unauthorized use.

13.3. Notification
If a Customer believes that any transaction or balance recorded in their account is incorrect, the Customer must contact Royalex immediately to notify Royalex of suspected unauthorized use of Customer’s Electronic Identification Information. Customers are responsible for ensuring the accuracy of the information displayed in their account, howsoever accessed. Royalex will not be held liable should a Customer fail to disclose any unauthorized use of Electronic Identification Information and Customer’s Royalex accounts.

13.4. Customer Liability
Royalex will be under no obligation to confirm the actual identity or authority of any user of the Electronic Identification Information or any component thereof.
The Customer will not be responsible for any unauthorized use of Electronic Identification Information occurring after notifying Royalex of the suspected unauthorized use as indicated in sub-section 13.4 above.

14. Intellectual Property, Trademarks, Logos
All of the intellectual property rights including without limitation trademarks, service marks, trade names, copyright and other rights used or embodied in this website are and will remain the sole property of Royalex (or its suppliers where applicable).
All information and material supplied by Royalex, constitutes part of Royalex’s confidential and proprietary information and no Customer participating in any of its programs may reproduce, copy or disclose such information without the prior written consent of Royalex.
No party accessing this website may attempt to tamper with, modify, reverse engineer, gain unauthorized access to, or in any way alter any software used in Royalex’s programs or comprising Royalex’s website.

15. Miscellaneous
15.1. Insolvency
In the event: (i) that a liquidator, receiver or trustee is appointed in respect of the property and assets of the Customer as a result of the latter’s liquidation or bankruptcy, and (ii) that Royalex is requested by the liquidator, receiver or trustee to remit any Customer holdings, the liquidator, receiver or trustee will direct any Customer holding liquidation requests to Royalex. Any inquiries by the said liquidator, receiver or trustee regarding the present Agreement between the Customer and Royalex shall be directed to Royalex.

15.2. Death of Customer
In the event of a Customer (individual or partner of a partnership) death, Royalex will require full documentation of the Customer’s estate, including a copy of death certificate, will or trust documentation, and any probate information if applicable. Upon confirmation of a Customer (individual or partner of a partnership) death, Royalex will freeze the Customer’s account and act in accordance with the conditions set out in the Probate or Letters of Administration, and the instructions of the trustee, administrator or executor of the Customer’s estate. It is the sole responsibility of the Customer to ensure that such documentation will be provided for in the event of death.

15.3. Changes to Terms and Conditions
Royalex reserves the right to amend these Terms and Conditions, any applicable fees and charges, or any services, rights or obligations provided for herein at its sole discretion, at any time, without prior notice to the Customer. Acceptance of these Terms and Conditions is limited to the acknowledged transaction and is not applicable to any future transactions. The Customer will be responsible for accepting the Terms and Conditions for every subsequent transaction.

15.4. Applicable Law
This Agreement shall be construed in accordance with and governed by the laws applicable in Macau. The Parties hereby irrevocably submit to the non-exclusive jurisdiction of the Courts of Macau in respect of all matters or disputes arising from the Agreement, except as otherwise specifically stated herein.

15.5. Binding Effect
This Agreement is binding upon the parties hereto and their respective successors, heirs, legal representative and permitted assigns.

15.6. Severability
In the event that any provision in this Agreement is determined to be invalid, illegal, or unenforceable, such determination shall not affect the validity and enforceability of any other remaining provisions of this Agreement.

15.7. Language
The parties hereto have expressly required that this agreement and all deeds, documents or notices relating thereto be executed in the Chinese language. Should there be a English translation and there be any discrepancy between the English version and Chinese version, the Chinese version shall prevail.

 

update date: 2019/01/01