This one Just opened...
Jan 14, 2008
1. You agree that upon registering for a Altergold account, that you are entering into a legally binding
contract as outlined by this entire user agreement.
Details of how the AlterGold Service operates and the terms and conditions on which the Service is provided are set out below. You should read the terms and conditions carefully and if you do not agree with or are not prepared to accept any of the terms and conditions, you should not use the Service.
* 1.1 “Agreement" shall mean these terms and conditions which govern the use of the Service, the AlterGold Site and the Account.
* 1.2 "Merchant" shall mean any third party entity with which You contract to purchase goods and or services using the Service as the payment method.
* 1.3 "End user Account" shall mean a record maintained by AlterGold which enables “End Users” to record their payment of credits and credits paid out on behalf of the relevant User's use of the Service.
* 1.4 " AlterGold Site" shall mean the web site pages owned by AlterGold.
* 1.5 "Service" shall mean the payment service and any other related products and/or services provided by AlterGold.
* 1.6 "End User", "You" and "Your" shall mean the person, company or other legal entity entering into this Agreement with AlterGold.
* 2.1 Upon payment of the specified fee, AlterGold agrees to provide you (the "End User") a secure on line service that enables the "End User" the right to use our service to send and receive credits via email if those said credits are available in your said account.
* 2.2 The AlterGold service can also be used for buying and selling at online auctions and other sites where AlterGold are accepted.
* 3.1 Your completion of the AlterGold Sign Up page and submission of Your details shall be construed to denote acceptance of the provisions of this Agreement.
* 3.2 AlterGold may amend any provision of this Agreement (including provisions relating to charges relating to the use of the Service) at any time by posting the amended changes and/or Agreement on the AlterGold Site. Your continued use of the Service will constitute acceptance of the amended Agreement and/or service charges.
* 3.3 AlterGold shall have the right at any time to change or discontinue any aspect or feature of the Service, including, but not limited to, content, hours of availability, and any equipment needed to use the Service.
* 3.4 Effectiveness of Agreement - The End User's use of the Service shall not in any respect whatsoever modify any of the terms, conditions, or restrictions contained in this agreement or other agreement by which the End User initially acquired rights to use the Product or service (the "End User Agreement"), and the use of our Service shall in each and every instance remain subject to the terms, conditions, and restrictions contained in the End User Agreement which is subjected to change from time to time as deemed necessary.
4. End Users' responsibilities and eligibility
* 4.1 Applications for an End User Account may be rejected by AlterGold in its absolute discretion without reason. You must be 18 years or older to use the Service. If you are under the age of 18, You hereby represent that You are using the Service with the express consent of a parent or Guardian. AlterGold may, at any time including at the time of receiving an application, require You to provide documentary evidence of Your age or identity. Accepted forms of identity and/or age include birth certificates, passports, driving licenses, credit card statements, utility bills and bank statements. If You are under the age of 18 You hereby consent to AlterGold contacting and obtaining approval from Your nominated parent or Guardian for You to be able to use the Service; You further agree to provide a valid email address for Your parent or Guardian in order that such approval may be sought.
* 4.2 The Service may only be used by Users who have completed the AlterGold Sign Up Page. You agree that you will register for and maintain one User Account only. AlterGold reserves the right to close, without notice, duplicate User Accounts.
* 4.3 When completing the AlterGold Sign Up Page, You agree to provide true, accurate and complete information and to maintain and promptly update such information as and when necessary. Updated information will be required where the mailing address, email address, name, marital status or any other information in relation to You changes. You authorize AlterGold to make any inquiries that it considers necessary to validate application and registration details.
* 4.4 If any information provided by You is untrue, inaccurate, not current, or incomplete, AlterGold reserves the right to terminate Your use of the Service and/or Your User Account. Furthermore, AlterGold shall have the right to recover from You any costs or losses incurred as a direct or indirect result of such inaccurate or incomplete information.
* 4.5 You warrant that any and all instructions provided by You to AlterGold y in relation to Your use of the Service are full and accurate.
* 4.6 You will use the Service, the User Account and the AlterGold Web Pages for lawful purposes only and not in a manner which may give rise to criminal or civil liability or that which is considered by AlterGold as restricting or inhibiting other Users from using the Service.
* 4.7 You agree not to use unsolicited email, message board postings, or similar methods of mass messaging ("Spam") for any purpose with respect to AlterGold .
5. Deposits, withdrawals and spending Limits
5.1 Subject to provision of the necessary details required by AlterGold and payment of the necessary charges (details of which are shown below), You may elect to deposit or withdraw money from Your User Account. 5.3 AlterGold shall not be obligated to process any transaction on Your behalf unless there are adequate cleared funds in Your User Account.
6.1 Charges for using the AlterGold Service and the minimum and maximum transaction values are indicated below. Any charges applicable are debited to Your User Account at the same time as the transaction is made. AlterGold reserves the right to amend its charges at any time.
6. Interest on deposits in to Your account
* 6.1 AlterGold shall not provide any kind of interest on End User's account balance credits. It is understood that all funds are secured in our insured bank account.
7. Buying goods and/or services from affiliated Merchants
* 7.1 Despite using the Service to purchase goods and services from a Merchant, You acknowledge that AlterGold do not become a party to any contract in relation to such purchases.
* 7.2 It is Your responsibility to ensure that the Purchase Terms that You agree with the Merchant are acceptable to You.
* 7.3 AlterGold shall not be liable nor incur any liability in relation to any goods or services purchased from a Merchant using the Service, including late or non-delivery.
* 7.4 In the event that You have problems using a Merchant Web Site, You should contact the respective Merchant.
8. Electronic transfers, cash advances
* 8.1 You may request for withdrawal of funds or money held in Your User Account by means of check or any additional means provided by AlterGold subject to applicable fees.
* 8.2 AlterGold shall make reasonable efforts to ensure that any authorized requests for electronic debits and credits to and/or from Your User Account are processed in a timely manner. It normally takes 12 - 24 hours for funds to clear, however You should be aware that some financial institutions take longer to clear transactions. Accordingly, in view of the foregoing, AlterGold makes no representations regarding the timeframe within which such processing will be completed
* 8.3 AlterGold reserves the right to hold funds for any transaction that it deems suspicious to ensure integrity of the funds.
* 8.4 Any errors discovered by You in relation to Your User Account must be reported to AlterGold immediately. AlterGold will require You to provide a written description of the error prior to taking remedial action.
9. Disclaimer of Warranties and Limitation of Liability and exclusions
* 9.1 AlterGold makes no representations or warranties of any kind of whatsoever with respect to the service and/or the performance of the service; including without limitation, any implied warranties of merchantability or fitness for a particular purpose. AlterGold does not warrant, guarantee or make any representation regarding the use, or the results of the use, of the service and/or the product in terms of correctness, accuracy, reliability, currentness, or otherwise. The entire risk as to the results and performance of the service and the product is assumed by the end user. AlterGold shall not be liable to end user for any consequential or incidental damages arising from the breach of any payments or contracts, the failure of delivery, delay in delivery, delivery in nonconforming condition, the use of the service and/or the product, or for any other breach of contract or duty between seller and the end user.
* 9.2 AlterGold shall have no obligation to provide the Service, and shall have no liability to the End User in the event AlterGold is unable, as may be determined in the sole discretion of AlterGold to make payment and or changes in methods of payment or operation that can make our service unsuitable for the end user.
* 9.3 You agree to indemnify and hold AlterGold, its Parent and all its affiliates and officers, employees and owners harmless from any claim, action, demand, loss, or damages (including legal fees) made by any third party against AlterGold arising out of or relating to Your use of the Service; except where such claim is based upon the proven negligence or breach of this Agreement by AlterGold. AlterGold assumes absolutely no responsibility for any purchases made through the AlterGold system. At any time You join an Income Opportunity or MLM program, or "matrix site" You are doing so at your own risk and that by signing up and joining AlterGold You do hereby agree in FULL that you release AlterGold, its Parent and all its affiliates and officers, employees and owners from ANY loss you may incur by signing up on one of the aforementioned type websites and or businesses, you completely indemnify us and agree that AlterGold will not be named by you or anyone that represents you in any actions, in ANY capacity against any of the aforementioned types of websites or businesses, if you have a disagreement with one of the aforementioned type businesses then you agree that it is STRICTLY between YOU and THAT BUSINESS , and AlterGold has no part of the dispute.. and that by signing up for your account you agree that this is a contract, and that you FULLY and WILLINGLY AGREE to ALL CONDITIONS mentioned EVERYWHERE in this End User agreement.. AlterGold is a payment processor only, and have no control on what these sites do. Further You should be aware that voiding your credit card transaction you used to fund your AlterGold account for any reason constitutes credit card fraud. It even violates many other laws, and will be prosecuted to the maximum extent allowable.
* 9.4 Further you agree that AlterGold shall not be liable for:
* 9.4.1 any indirect or consequential losses, including but not limited to loss of profit, savings, goodwill, data or contracts.
* 9.4.2 any unauthorized interception or use of data relating to You or the Service.
* 9.4.3 any restriction or inability in relation to use of the Service or the AlterGold Site including any problems attributable to computer hardware or software (including computer viruses), telephone or other communications, or Internet Service Providers;
* 9.4.4 any transactions or otherwise by any individual that uses Your email address and password to use the Service
* 10.1 You shall be responsible for protecting the confidentiality of Your User Account; including but not limited to, AlterGold Username and Password. You shall promptly notify AlterGold if You believe that any third party has become aware of the same.
* 10.2 You agree and acknowledge that Your personal data, Your order details and delivery details have to be disclosed by AlterGold to the Merchant with whom You are purchasing goods and/or services from.
* 10.3 AlterGold reserves the right to disclose to third parties other general information, concerning the volume, nature and value of transactions undertaken using the Service that does not identify you personally.
11. Intellectual property rights and copyright
* 11.1 The AlterGold name and the Service are either trademarks or registered trademarks of AlterGold . All AlterGold logos (or third party logos) may not be copied, imitated or used, in whole or in part, without the prior written permission of AlterGold .
* 11.2 All custom graphics, button icons, page headers and other details appearing on the AlterGold Site may not be copied, imitated, or used, in whole or in part, without the express written permission of AlterGold .
* 11.3 The AlterGold Site contains copyrighted material, including, but not limited to, photographs, software, video clips, sound and graphics (including the presentation and arrangement of the same). The contents of the AlterGold Site are copyrighted.
* 11.4 You may only download copyrighted material for Your own personal use.
12. Termination and User Account closures
* 12.1 You may close Your User Account at any time by sending AlterGold notification in a manner prescribed by AlterGold. Provided always that all applicable charges have been paid in full, AlterGold shall close the User Account. Upon closure of Your User Account, any credits remaining in the same, less any applicable charges will be repaid to You.
13. MLM and Income Opportunity Policies
* 13.1 While AlterGold does accept MLM, Matrix and Income Opportunity vendors, you should note that joining any MLM or Income Opportunity is done at your own risk. There are many legitimate opportunities on the Internet and each one should be carefully investigated before making any decision to join. AlterGold will not offer refunds for these or any other purchases. These matters should be taken up with the vendor.
* 14.1 Any and all claims or disputes relating to the Service shall be governed by the laws of the Republic of Panama. AlterGold may assign its rights and delegate its duties with respect to the Service without providing notice to, or receiving the consent of, the End User.
* 14.2 You acknowledge that the Service is not a banking service and is not subject to any Bank Regulations.
* 14.3 To the fullest extent permitted by applicable law, all notices ("Notices"), may be provided to You electronically and You agree to receive the same in an electronic form. Notices may be posted on the AlterGold Site or delivered to Your email address (or by any other manner prescribed by AlterGold).
* 14.4 You may not transfer any of Your rights and obligations under this Agreement without the prior written consent of AlterGold. AlterGold reserves the right to transfer any rights or obligations under this Agreement without Your consent.
* 14.5 If any part of this Agreement is found to be illegal or unenforceable, such findings will not affect the validity or enforceability of the remainder of the Agreement.
* 14.6 This Agreement constitutes the entire agreement between You and AlterGold in relation to the Service
15. Restricted Activities
* 15.1 Your Information and your activities (including your payments and receipt of payments) through our Service shall not:
(a) be false, inaccurate or misleading;
(b) be fraudulent or involve the sale of counterfeit or stolen items;
(c) consist of providing yourself a cash advance from your credit card (or helping others to do so);
(d) violate AlterGold 's Acceptable Use Policy;
(e) infringe on any third party's copyright, patent, trademark, trade secret or other property rights or rights of publicity or privacy;
(f) violate any law, statute, ordinance, contract or regulation (including, but not limited to, those governing financial services, consumer protection, unfair competition, antidiscrimination, or false advertising);
(g) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing;
(h) be obscene or contain child pornography;
(i) contain any viruses, Trojan horses, worms, time bombs cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or other personal information;
(j) create liability for us or cause us to lose (in whole or in part) the services of our ISP's or other suppliers. If you use, or attempt to use the Service for purposes other than sending and receiving payments and managing your account, including but not limited to tampering, hacking, modifying or otherwise corrupting the security or functionality of Service, your account will be terminated and you will be subject to damages and other penalties, including criminal prosecution where available.
16. Refund Policy
* 16.1 Funds deposited into a member's account using any method are converted to equivalent value of money and are reversible abiding with the user agreement. However refunds between two members is dealt between themselves. As stated in section 7.3, AlterGold shall not be liable nor incur any liability in relation to any goods or services purchased from a Merchant using the Service, including late or non-delivery.
18. Legal Compliance. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service.
19. Fraud. Without limiting any other remedies, Altergold. may suspend or terminate your account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Site.
In connection with your use of our website, your Account, or the Services, or in the course of your interactions with AlterGold, a User or a third party, you will not:
- Violate any law, statute, ordinance, or regulation (for example, those governing financial services, consumer protections, or anti-discrimination );
- Infringe AlterGold´s or any third party's copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy;
- Act in a manner that is defamatory, trade libelous, unlawfully threatening or unlawfully harassing;
- Provide false, inaccurate or misleading Information;
- Attempt to "double dip" during the course of a dispute by receiving or attempting to receive funds from both AlterGold and the seller, bank, or credit card company for the same transaction;
- Use an anonymizing proxy;
- Control an Account that is linked to another Account that has engaged in any of these Restricted Activities.
- Disclose or distribute another User's Information to a third party, or use the Information for marketing purposes unless you receive the User's express consent to do so;
- Send unsolicited email to a User or use the Services to collect payments for sending, or assisting in sending, unsolicited email to third parties;
- Facilitate any viruses, Trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or Information;
- Use any robot, spider, other automatic device, or manual process to monitor or copy our website;
- Use any device, software or routine to bypass our robot exclusion headers, or interfere or attempt to interfere, with our website or the Services;
- Take any action that may cause us to lose any of the services from our internet service providers, payment processors, or other suppliers;
- Use of our site to sell or encourage child Pornography
Actions by AlterGold
The actions we may:
- close, suspend or limit your access to your Account or the Services;
- update inaccurate Information you provided us;
- refuse to provide our Services to you in the future;
- freeze your funds for up to 180 Days if reasonably needed to protect against the risk of liability;
- take legal action against you.
Users of AlterGold Business account must read and agree with and accept all of the terms and conditions contained in this Agreement before submitting their web site for AlterGold payments service (PPS) Approval process in AlterGold. These terms are an additional part of User Agreement for AlterGold .
Please note that these rules may be amended for time to time in our sole discretion.