Terms and Conditions

KJC Group Terms and Conditions

By using our Website and the Services and information offered on our Website, you are agreeing to the following terms and conditions.

A dictionary of terms used in this document is contained at the end of the terms and conditions.

1. Identification Requirements and Your Privacy

1.1 Identification Requirements

Under AML/CTF we may require you to complete a Registration Form before we can transact with you.

An incomplete or illegible Registration Form will need to be corrected to the satisfaction of KJC Group before goods can be released and/or purchases to KJC finalised. KJC Group will be under no obligation to provide the Service requested by you until we are in receipt of a complete and legible Registration Form.

1.2 Privacy

Any personal and financial information collected by KJC Group will be collected and stored in compliance with Australian privacy laws. Other than as required by law or as authorised by law or by you, we will not pass on, sell or swap any of your personal information and such information will be used by KJC Group only for shipping and invoicing information.

2. Payments

2.1 Form of Payments

Payments for Services can be made by using any one of the following payment methods:

• BPAY
• Direct credit to the KJC Group nominated account
• PayID to the KJC Group nominated account
• Visa, MasterCard, Amex and other credit cards as per Website (see our Website or call us on 1300 844 018). Subject to a surcharge, if applicable, as disclosed on our Website
• Cheque, allowing 7 days for clearance
• By any of the Secure Payment Options subject to a surcharge, if applicable, as disclosed on our Website
• Cryptocurrency via BitPay
• Cash subject to a daily limit as disclosed on our Website, and as per AUSTRAC requirements

2.2 KJC Group Not Responsible for Secure Payment Options

The Secure Payment Options payment system is a third party service hosted on a third party website. You release KJC Group from any claim you may have against it for loss or damage (including any consequential loss and damage), whether direct or indirect, that you incur as a result of any malfunction of the Secure Payment Options.

2.3 Lien Granted by You for Unpaid Services

You grant to KJC Group a general lien over your Bullion and any other property provided to KJC Group in respect of all unpaid fees and charges for the Services of KJC Group.

KJC Group may on account of such a lien remove and store your Bullion as KJC Group thinks fit at your risk and your expense, sell all or part of your Bullion and apply the proceeds to the discharge of the lien and any costs incurred in relation to the sale of your Bullion.

3. Goods and Services Tax ('GST')

All Services and charges are stated exclusive of GST.

To the extent a Service or charge is subject to GST you agree to pay KJC Group the GST on the GST exclusive value of the Service or charge at the same time as the payment for the Service or charge is due and owing.

4. Using Our Website

4.1 Opening an Online Account

It is your responsibility to keep safe and secure your Online Account details that grant you access to our secure Online Store.

4.2 KJC Group Will Not Ask for Your Username and Password

KJC Group will not require you to tell us your username and password and you should not divulge such information to anyone.

4.3 Unauthorised Use of Your Online Account, Suspension of Your Online Account

KJC Group is not responsible for any unauthorised use of your Online Account. If you discover that there are transactions on your Online Account that you have not authorised you must notify us immediately so that we can put a stop on your Online Account and have you issued with a new username and password. All orders are legally binding.

KJC Group may at its sole discretion suspend or block access to your Online Account if it has reasonable grounds to suspect misuse of or unauthorised or fraudulent use of your Online Account.

4.4 Reinstatement of Your Online Account

KJC Group will do all things reasonably necessary to reinstate your Online Account when it is satisfied that the concerns it has for suspending or blocking the account have been rectified or addressed.

4.5 KJC Group Not Liable Whilst Your Online Account is Suspended or Blocked

KJC Group is not liable for any loss caused to you whilst your Online Account is suspended or blocked. You release KJC Group from any claim you may have for loss or damage, direct, indirect or consequential, suffered by you because of the suspension or blocking of your Online Account.

4.6 Warranties

By using the Online Store you warrant that:

• You are over 18 years of age
• You have read and agree to the terms and conditions in full
• All details you enter on the Online Store are true and accurate
• By transacting with our Online Store you are authorised to do so, whether by placing an order or making a payment
• There are sufficient funds to cover the amount at the time you "checkout" from our Online Store

5. Disclosures Regarding Our Website

5.1 Cookies

KJC Group uses cookies to allow you to communicate with our Website including logging in, viewing our 'live spot price' and placing orders. Cookies sent to your computer from KJC Group only last while you are browsing our Website. We do not store permanent cookies on your computer.

5.2 Secure Payments

All payments made from our Website are made using one of the Secure Payment Options. The security, functionality and content of the Secure Payment Options is not under our control and we are not responsible for any lapse in security through the use of the Secure Payment Options.

5.3 Website Information

The Website may contain information, articles or links to third party websites. The information contained on the Website is provided in good faith but no representation or warranty of any nature is made as to the completeness or accuracy of such information.

5.4 Service Interruptions

KJC Group will not be responsible for any loss or damage incurred by you where transmission of your instructions via our Online Store is interrupted, unable to be completed or unable to take place due to the failure of any telephone, computer, other electronic or technological device including the provision of third party services to our Website including our 'live spot price' data.

6. Financial Disclaimer and Legal Advice

6.1 No Investment Advice Given

KJC Group is not a licensed financial services business and is not licensed or authorised to give investment advice or provide financial services.

Any information provided on our Website is strictly for information purposes and is not given or intended as financial or investment advice. KJC Group strongly recommends that you consult a financial services licensee or an authorised representative of a financial services licensee in relation to any investment decisions you make.

7. Miscellaneous

7.1 Governing Law

The KJC Group terms and conditions will be construed in accordance with the laws in force in New South Wales and the parties submit to the jurisdiction of the courts of New South Wales.

7.2 Force Majeure

If KJC Group cannot perform any of its obligations under this Agreement as a result of any event outside of its control including without limitation government intervention, military action, terrorism, financial crisis, supply shortages of Bullion, failure of a storage provider or anything else that may cause KJC Group to fail to perform its obligations then KJC Group will be excused from performance of its obligations and shall not be liable for such failure or delay.

7.3 Amendment

KJC Group may amend this Agreement at any time by publishing the amended terms on its Website. The amended terms will take effect immediately in relation to any Services provided by KJC Group from the date of publication.

7.4 Entire Agreement

This Agreement comprises the entire understanding between you and KJC Group in relation to the provision of the Services.

In the following section (paragraphs 8 to 12) KJC Coins is the contracting party with you:

Buying and Selling of Bullion

8. Buy Order

8.1 Placing a Buy Order

By placing a Buy Order you acknowledge and agree:

• Your Buy Order is subject to availability
• The price stated for your Buy Order is based upon our "live spot price"
• The "live spot price" cannot be varied because of 3rd Party Obligations
• Other charges may be added to the final price to be paid by you including delivery and finance charges (such as any surcharge applicable to a credit card payment)
• You agree to make a 10% deposit or payment in full, where required using our Secure Payment Options to "lock in" your Buy Order
• You will receive an acknowledgment of your Buy Order from us including details of your purchase and the balance of the purchase price payable by you to us
• You agree to make payment of the balance of the purchase price strictly within 24 hours (or if payment is due on a public holiday or weekend then the next business day) following receipt of KJC Coins confirmation of your Buy Order. Payment can be made by any of KJC Secure Payment Options
• KJC Coins retains the right to refuse any Buy Order at its sole discretion and on repayment of any money to you KJC Coins is discharged from any obligations it has to you

8.2 Contract Between You and KJC Coins

A binding contract between you and KJC Coins is formed once an order has been placed and order acknowledgement email sent. At this time, you assume all price exposure risk on your Buy Order.

8.3 Transfer of Title and Risk to You

Title in the Bullion passes to you when all of the following has occurred:

• You have paid in cleared funds the whole of the balance of the purchase price specified in the Buy Order and any storage fees applicable to holding your Bullion
• A tax invoice for the Bullion has been issued to you by KJC Coins
• Compliance with legal requirements for the verification of your identification is completed (see identification requirements at paragraph 2 above)

9. Sell Order

9.1 Completion of Sell Registration Form

To sell your Bullion to KJC Coins you must complete the KJC Registration Form and send the form complete with your identification documents to us.

9.2 Description of Bullion to Be Sold

The description of the Bullion given by you in your "Sell Order" is relied upon by KJC Coins when making an offer to you. All offers are subject to change based on market fluctuations and physical inspection by an authorized KJC representative.

9.3 Placing a Sell Order

By placing a Sell Order you acknowledge and agree:

• An offer made by KJC Coins to buy your Bullion is subject to physical inspection of your Bullion by an authorised representative of KJC Coins. If the Bullion inspected by KJC does not meet the standard or quality of Bullion described in the Sell Order then KJC Coins reserves the right to withdraw its offer or vary its offer to you
• An offer is made based on "live spot prices" and unless accepted by you on the spot the offer is withdrawn immediately
• You may accept the price offered by KJC Coins by signing the KJC Sell Order Form and returning the form to KJC Coins
• Payment will be made by KJC Coins either: to the account nominated by you in the KJC Sell Order Form within specified payment term timeframe following confirmation by you of the price offered by KJC Coins. Payment will only be made to an account opened in your name and nominated by you in the Sell Order. All account details nominated on Sell Order Form must be verbally confirmed prior to payment; or on such other terms as agreed to

9.4 Warranties by You

By completing a Sell Order you warrant that:

• You are the legal and beneficial owner of the Bullion described in the KJC Sell Order Form
• You have not granted any Security Interest, lien or charge over the Bullion described in the Sell Order Form
• You are not bankrupt

9.5 Transfer of Title and Risk to KJC Coins

Title and risk in the Bullion passes to KJC Coins when items are in KJC possession.

10. Delivery and Payment

10.1 Delivery of Sold Bullion Australia Wide

For deliveries you require to be made Australia wide you must provide your daytime contact telephone number and state a physical address at which the Bullion is to be delivered. Bullion will generally be dispatched within 5 Business Days of the latter of receipt of full payment or issue of confirmation of acceptance of your Buy Order.

10.2 Delivery of Sold Bullion Worldwide

For deliveries you require to be made to a place outside of Australia you will be responsible for any tax, customs duty or the like, and any other charges applicable on the import of your Bullion to the destination country nominated by you for final delivery of your Bullion (including any charges on route between Australia and the destination country).

10.3 Additional Charges for Delivery Outside of Courier Depot Destinations

Deliveries of Bullion are made by couriers contracted by KJC Coins and made to the depot nominated by that courier. You will be responsible for collection of your Bullion from the nominated depot and any additional charges applicable for redelivery from the depot to your home address.

10.4 When Delivery May Be Delayed

Delays in deliveries of the Bullion may occur if:

• The Bullion is on back order
• KJC Coins is not satisfied on reasonable grounds with the details of your identity contained in your Registration Form
• Shipping times are delayed beyond the control of KJC Coins

10.5 Delivery of Bought Bullion

Once KJC Coins is satisfied that all identification requirements have been completed, KJC Coins will use its best efforts to dispatch the Bullion within 5 Business Days after the balance of the purchase price has been paid.

KJC Coins will not be liable for any loss or damage directly suffered by you arising directly or indirectly from any delay in delivery of the Bullion associated with your identification requirements.

10.6 Back Order Delay

Delivery of Bullion on back order may be further delayed for reasons beyond the control of KJC Coins. KJC Coins is not liable for any loss or damage directly suffered by you arising directly or indirectly from any delay in delivery of Bullion on back order.

10.7 KJC Coins Not Liable for Back Order Delays and Shipping Times

KJC Coins will not be liable for any loss or damage suffered by you arising directly or indirectly from any delay in delivery of Bullion.

You are not entitled to terminate any agreement to buy Bullion from KJC Coins because of any back order or shipping delay that has not been directly and solely caused by KJC Coins.

10.8 Changes to Shipping Costs

Whilst confirmed shipping costs for your order will be included in your purchase price, you acknowledge and agree to changes to shipping costs in the circumstances set out below at 10.9. KJC Coins will endeavour to notify you as soon as practicable of any changes to shipping costs.

10.9 Responsibility for Payment of Increased Shipping Costs

You will be responsible for any increased or additional shipping costs in the following circumstances:

• The information supplied by you is not accurate
• The cost of shipping subsequently increases by reason of increases in the cost of materials and/or labour and/or the costs charged to KJC Coins by third party suppliers and/or for any factor outside the control of KJC Coins
• KJC Coins decides to change the shipping arrangements because of unsatisfactory security risks (see below)
• Shipping arrangements are changed by KJC Coins for insurance purposes (see below)
• Return of items sent for delivery to your nominated address because delivery cannot be effected, for any of the reasons above
• Redelivery of items returned to us

You are not entitled to cancel your order if there is any increase in any shipping cost.

10.10 Changed Delivery Arrangements if There is a Security Risk

KJC Coins may change the shipping arrangements at its discretion to ensure secure delivery if:

• You have placed a large order, the value of which exceeds the insurable value of such an order on a single shipment/delivery basis
• If KJC Coins reasonably believes that the specified area for delivery of the Bullion is a high risk, remote or unsafe delivery location

You agree to any increase or additional shipping cost because of a change in delivery arrangements as set out above.

10.11 Insurance of Bullion

The delivery of Bullion pursuant to a Buy Order will be insured on a single shipment/delivery basis for a maximum value not exceeding $40,000 (Forty Thousand Dollars). As such, if your order is valued at more than $40,000 KJC Coins will, at your cost, ship your Bullion in two or more parcels to ensure that the Bullion is insured or as otherwise agreed to.

10.12 You Can Make Your Own Delivery Arrangements

If any notified increase in shipping costs is unacceptable to you, then you must immediately:

• Advise KJC Coins that you will make your own delivery arrangements
• At your own cost and risk make alternative arrangements for the collection of the Bullion from the premises of KJC Coins. Such alternative arrangements must be confirmed with KJC Coins

10.13 Adjustment to Delivery Cost

On notification of your alternative arrangements for collection of the Bullion, KJC Coins will adjust the purchase price of your Buy Order by the amount of any shipping costs invoiced to you that you no longer require. If the new arrangements involve some cost to KJC Coins, then any adjustment will reflect the expense that KJC Coins will incur as a result of you making your own arrangements.

10.14 Collection of the Bullion in Person by You

Bullion can only be collected in person:

• By you on production of satisfactory identification
• By your agent with your prior written express authority upon production of satisfactory identification by the agent

10.15 When KJC Coins Will Not Be Liable for Any Lost Delivery

KJC Coins recommends that you take personal delivery of the Bullion. KJC Coins will not be liable for any delivery made in accordance with your instructions that you cannot locate in circumstances where:

• The Bullion is collected by a person at the address nominated by you and that person's name and address is the same as the person nominated by you which has been verified by the courier
• You have provided an incorrect delivery address and provided instructions to leave the article at the address
• You fail to provide an update to your delivery instructions before the scheduled delivery takes place resulting in a delivery to a place you are no longer residing at or have any connection with

10.16 Incorporation of Courier Terms of Delivery

To the fullest extent permitted by law, the terms of delivery contained in the contract between KJC Coins and the courier effecting delivery of your Bullion are incorporated in this contract between KJC Coins and you (Courier Incorporated Terms). KJC Coins expressly relies on confirmation of delivery and limitation of liability as stated in the Courier Incorporated Terms.

10.17 Insurance Ceases 2 Days After First Delivery Attempt

KJC Coins has in place complimentary insurance for loss or damage to your Bullion in the event delivery of your Bullion to your nominated address is not effected on the first occasion delivery is attempted.

Such insurance expires at the end of the second business day immediately following notification given to you by KJC Coins or the courier engaged by KJC Coins of the first attempted delivery. Notification is given by leaving a delivery note at the nominated address, or by text or email sent by the courier company and/or by KJC emailing to you.

For the avoidance of doubt you assume all risk of loss or damage to your Bullion from the second business day after notification is given to you of first attempted delivery.

10.18 Charges for Uncollected Bullion

KJC Coins reserves the right to charge you a storage fee for Bullion purchased and paid for by you that has not been collected within 14 days of notice given to you by KJC Coins that the Bullion is available for collection. Storage fees will be calculated at current storage rates of time. Items won't be released until full storage fees have been paid.

11. Refund and Exchange Policy

11.1 When KJC Coins Will Exchange the Goods

If any Bullion dispatched by KJC Coins is not in accordance with the Bullion described in your Buy Order then:

• Provided KJC Coins is notified within one (1) Business Days (or such extended time period that is agreed to by a director/manager of KJC Coins in email) of the nature and extent of such discrepancy
• Provided at your cost, you expeditiously return such Bullion to the Sydney Office of KJC Coins, together with appropriate evidence of its purchase by you (if required by KJC Coins)
• Subject to paragraph 11.4 and 11.3 below

KJC Coins will, within 3 Business Days of the Bullion being returned to Sydney (but subject to paragraphs 10.3 to 10.8 above), supply to you Bullion in accordance with your Buy Order and refund any return delivery cost incurred by you.

11.2 You Bear Risk (Including Insurance Risk) Until Bullion is Returned

Until the return of such Bullion referred to in paragraph 11.1 to KJC Coins (which is acknowledged by KJC Coins):

• You continue to bear the risk and title in such Bullion
• KJC Coins is not responsible for any item that is lost in the return shipment to KJC Coins (and KJC Coins recommends that you take out insurance as KJC Coins does not provide return transit insurance)
• It is your responsibility to ensure that the returned items are adequately packaged so that they are not damaged during return transit as KJC Coins will not accept delivery of any damaged Bullion

11.3 When KJC Coins Will Not Provide a Refund or Exchange

No refund or exchange will be provided by KJC:

• If you change your mind in respect of the Bullion
• If you have made a wrong decision in respect of the Bullion
• If you wish to purchase a different product instead of the Bullion
• If the price of the Bullion changes after your Buy Order is confirmed
• If you find the Bullion for sale elsewhere at a lower price

11.4 KJC Coins May Decide to Refund Rather Than Exchange

Provided KJC refunds the whole of the monies paid by you (including any return delivery cost) within 3 Business Days of receipt by KJC Coins of such returned Bullion, KJC Coins may, in its absolute discretion, decline to exchange the returned Bullion with the Bullion specified in your Buy Order. All surcharges are non-refundable.

12. Breach by You or KJC Coins and Consequences

12.1 Breach by You

If after the issue by KJC Coins to you of a Buy Order acknowledgment, you:

• Cancel or purport to cancel your Buy Order
• Fail to pay on time the whole of your payment obligations specified in any Buy Order, for any reason including:
• Suffer bankruptcy
• Terminate, cancel or suspend the operation of this agreement without the prior written consent of KJC Coins

Then such action will constitute a repudiation of this agreement by you and KJC Coins will immediately terminate this agreement by written notice to you.

12.2 Consequences of Breach by You

Any termination of this agreement by KJC Coins because of your breach will cause KJC Coins loss, damage and expense and you are required to indemnify KJC Coins from any loss, damage and expense suffered by it arising from your breach.

12.3 Forfeiture of Your 10% Deposit and Your Further Obligations on Breach

On termination of this agreement by KJC Coins, as a consequence of your breach, your 10% deposit will be immediately forfeited and retained by KJC Coins to compensate KJC (in whole or in part) for any loss, damage and expense suffered by KJC Coins including, but not limited to:

• Any administration costs, finance costs incurred by KJC Coins relating to your Buy Order
• Any costs incurred by KJC Coins for the sale and delivery of the Bullion to you, and disposing of the Bullion that KJC Coins acquired on receipt of your Buy Order
• Any financial loss that KJC Coins may suffer by the immediate disposal of the Bullion acquired by KJC Coins on receipt of your Buy Order
• Any other financial loss including: any opportunity cost incurred by KJC Coins on the money it expended in acquiring the Bullion; any interest cost incurred by KJC Coins in funding the acquisition of such Bullion; and damages for the lost profit or gain which KJC Coins would have made on the sale of Bullion had you not breached this agreement
• In addition, you are required to indemnify KJC Coins for any Significant Market Loss that KJC Coins may incur as a consequence of your breach as described below

12.4 Significant Market Loss

Because of its 3rd Party Obligations, KJC Coins may be required to promptly re-sell the Bullion it acquired in respect of your Buy Order. If the re-sale price of such Bullion results in KJC Coins making a loss that exceeds the deposit paid by you ("Significant Market Loss"), then:

• You will be responsible for the payment to KJC Coins of the amount by which any such Significant Market Loss exceeds the deposit paid by you
• You agree to indemnify KJC Coins such amount as the Significant Market Loss exceeds the deposit paid by you (Indemnified Amount), and the Indemnified Amount becomes immediately due and payable as a debt payable by you to KJC Coins upon notice given by KJC Coins to you
• Any orders you have with KJC Coins, whether current or future, are suspended

12.5 KJC Coins is Not Responsible for the Following Matters

KJC Coins is not responsible to you:

• For back order delay or for any increase in shipping costs as set out in clause 10.7 above
• For any loss that you incur for non-delivery of the Bullion in circumstances where the provisions in clause 10.15 apply

12.6 Breach of This Agreement by KJC Coins

Except as permitted by this agreement, if KJC Coins fails:

• To dispatch ordered Bullion within 10 Business Days
• To deliver the Bullion in accordance with this agreement
• To comply with its refund and exchange policy
• Does not rectify any such failure within 10 days of the receipt of any written notice by you requiring the rectification

Then KJC Coins will be in breach of this agreement.

12.7 Limited Liability of KJC Coins to Compensate

To the fullest extent permitted by law any liability of KJC Coins under this agreement for breach will be limited to the value of the Bullion specified in the Buy Order and KJC Coins is not liable for any other expense.

In particular KJC Coins is not responsible for any consequential loss, damages or expense that you have or may suffer or incur.

12.8 Termination by Mutual Agreement

This agreement can be terminated in writing signed by both parties on such terms as both parties may agree. Any termination of this agreement with the consent of KJC Coins must be signed by one of the directors/management team of KJC Coins.

12.9 Suspension of Trading

Despite anything else mentioned above in clauses 1 to 12.8, KJC Coins reserves the right to suspend trading, or immediate fulfilment of orders in times of market volatility, whether national or international, in the buy and sell market for Bullion, including secondary markets of Bullion.

In the following section (paragraphs 13 to 21) KJC Vaulting is the contracting party with you

Storage of Bullion

13. Deposit of Bullion for Storage

13.1 Entry Form

You must complete a Vaulting Entry (Storage) Form if you require us to store your Bullion.

13.2 Minimum Quarterly Storage Fees

A minimum quarterly storage charge applies. See our Fees and Charges.

13.3 Delivery of Bullion by You

You will be responsible for the delivery of Bullion in your personal possession, custody and control to KJC Vaulting.

KJC Vaulting does not assume any responsibility for loss, damage or destruction to your Bullion until such time as your Bullion has been placed into our custody and possession and receipted by us.

13.4 Risk of Loss or Damage with You Until Bullion is in Our Custody and Possession

You accept all risk of loss, damage or destruction to your Bullion until it is in our custody and possession and has been acknowledged by us.

13.5 Where We Store Your Bullion

Your Bullion is stored by us at the KJC Facilities or at 3rd Party Storage Premises.

13.6 KJC Vaulting Discretion to Select Appropriate Storage Premises

KJC Vaulting will select the appropriate premises to store your Bullion and may transfer your Bullion between Storage Premises.

13.7 Dedicated Express Inlay

If you require a dedicated express inlay service for urgent storage of your Bullion a special service fee will apply (see Fees and Charges).

14. Release, Collection and Shipping of Your Bullion in Storage

14.1 Exit (Storage) Form

You must complete and send to us a Vaulting Exit (Storage) Form if you require us to remove part or all of your Bullion from the Storage Premises. The Exit (Storage) Form must state:

• The Bullion you require to be removed from storage with sufficient precision for us to identify the Bullion (unless the Bullion is capable of being identified because it is separately bagged/sealed/boxed)
• If the Bullion is to be shipped by us, by nominating an address for shipment that sufficiently identifies a place by reference to a street address, town and postcode and nominating a person whose identity can be verified including written authorisation from you if delivery is made to someone else
• If the Bullion is to be collected from KJC Facilities by you or a person nominated by you
• Such other information as stated on the Vaulting Exit (Storage) Form

14.2 Notice Required for Removal of Your Bullion from Storage

KJC Vaulting requires 30 days notice to organise the removal of your Bullion from storage at the end of the quarter the notice is given.

Bullion removed from storage will be available for collection or shipment at the end of the quarter that notice is given (ie March 31, June 30, September 30 and December 31).

Additional fees apply if you require collection or shipment to take place prior to the end of the quarter (see 14.8 and Fees and Charges).

14.3 Delays in Removing Your Bullion from Storage

Delays may be caused in removing your Bullion from the Storage Premises for the following reasons:

• You fail to complete the Exit (Storage) Form
• There are circumstances outside the control of KJC Vaulting that preclude it from gaining access to your Bullion
• If your Bullion is stored with 3rd Party Storage Providers the removal of your Bullion will be subject to the delivery and collection schedules we have with the 3rd Party Storage Providers

14.4 No Liability for Delay

KJC Vaulting will not be liable for any loss or damage suffered by you arising directly or indirectly from any delay in removal of your Bullion from the Storage Premises.

14.5 Collecting Your Bullion

You or the person you authorise will be responsible for collecting your Bullion from the Storage Premises during trading hours.

You or the person you authorise will be required to satisfy the identification requirements (including any agent of yours) before we release any Bullion to you or the person nominated by you in the Exit (Storage) Form.

14.6 Uncollected Bullion

KJC Vaulting will not accept any responsibility for loss, destruction or damage to your Bullion that has been removed from storage and held for collection at KJC Facilities for more than 14 days. You will incur storage charges if your Bullion is held for collection by KJC Vaulting for more than 14 days.

14.7 Shipping Your Bullion

KJC Vaulting has in place complimentary insurance for loss or damage to your Bullion in the event delivery of your Bullion to your nominated address is not effected on the first occasion delivery is attempted.

Such insurance expires at the end of the second business day immediately following notification given to you by KJC Vaulting or the courier engaged by KJC Vaulting of the first attempted delivery. See paragraph 10.17 on risk and loss after the second business date.

If your storage account has been opened with us for more than 12 months and you request removal of all your Bullion from storage, please contact us for a quote on shipment charges applicable to removal of your Bullion from storage.

14.8 Dedicated Express Release

If you require a dedicated express release service for urgent release of your Bullion a special service fee will apply (see Fees and Charges).

14.9 KJC Vaulting Not Liable for Delays in Shipment

KJC Vaulting will not be liable for any delays in the shipping of your Bullion. Upon receipt of your Exit (Storage) Form KJC Vaulting will on your behalf engage the services of a secure carrier to ship your Bullion to you or the address nominated by you in the Exit (Storage) Form.

14.10 Lien in Favour of KJC Vaulting for Unpaid Fees

You are required to pay all fees and charges due and owing to KJC Vaulting before we release your Bullion to you.

Until such time as your account has been paid in full KJC Vaulting holds a lien over your Bullion to secure any unpaid fees and charges incurred by you and may exercise its rights under the lien as set out in paragraph 2.3.

15. Request to Sell Your Stored Bullion

15.1 Sale of Your Bullion to KJC Coins

If in the Exit (Storage) Form you request the sale of your Bullion held by us you do so on terms that your sale will be to KJC Coins on the terms and conditions contained in paragraphs 9 to 12.

15.2 KJC Vaulting Holds Your Bullion Until the Sale is Completed

Until a sale is completed between you and KJC Coins of the Bullion agreed to be sold by you and purchased by KJC Coins (the Sale Bullion) KJC Vaulting will hold the Sale Bullion on the same terms as the Sale Bullion was stored with KJC Vaulting including any Fees and Charges.

15.3 Authority to Deduct Any Fees and Charges of KJC Vaulting

You authorise KJC Coins to deduct any Fees and Charges of KJC Vaulting incurred by you whilst the Sale Bullion is held by KJC Vaulting up until the completion of the sale of the Sale Bullion. KJC Vaulting retains a lien over the proceeds of the sale of the Sale Bullion in respect of any storage fees that are outstanding. You direct KJC Coins to pay to KJC Vaulting such amount withheld from the sale in discharge of the lien held by KJC Vaulting.

16. KJC Vaulting as Bailee of Your Bullion and Sub Bailments

16.1 Our Relationship to You as Bailee of Your Bullion

KJC Vaulting holds your Bullion as bailee. As bailee of your Bullion KJC Vaulting agrees to:

• Exercise due care and diligence in the management, handling and storage of your Bullion
• Ensure that Storage Premises used by KJC Secure Vaulting are of a standard fit for storage of bullion, rare coins and of like property
• Keep and maintain proper records of your Bullion
• Have in place at all times liability insurance for loss, damage or destruction of your Bullion up to its Replacement Value

16.2 KJC Vaulting Contractual Arrangements with Third Party Storage Providers

KJC Vaulting may from time to time engage the services of 3rd Party Storage Providers.

16.3 You Consent to Your Bullion Being Stored with 3rd Party Storage Providers

You consent to KJC Vaulting as bailee of your Bullion to hand over custody and possession of your Bullion to a 3rd Party Storage Provider (known as a sub bailee) on the condition that the 3rd Party Storage Provider has in place insurance of your Bullion up to its Replacement Value to cover any loss, damage or destruction caused to your Bullion whilst your Bullion is in the custody and possession of the sub bailee.

16.4 Your Consent Includes Any Sub Bailment of Your Bullion

Your consent to sub bailment of your Bullion on terms stated in paragraph 16.3 includes any sub bailment by:

• The 3rd Party Storage Provider to another storage provider
• Any sub bailment subsequent to the sub bailment in (a)

A sub bailment referred to above is limited to a sub bailment that is permitted under the arrangements KJC Secure Vaulting has with its 3rd Party Storage.

17. Storage Fees, Payment and Rights of KJC Secure Vaulting

17.1 Fees

Storage fees are set out on our Website (see Fees and Charges) and may vary from time to time. Our fees and charges include:

• Our storage fee
• A minimum charge for storage
• An exit fee where a storage account has been closed short of the 12 month minimum period
• A minimum storage account fee is applicable if the storage fee calculated based on your Bullion in storage is less than the minimum fee
• Fees for special or express services

17.2 Payment

Payment can be made by any one of the payment methods set out in paragraph 2 excluding cryptocurrency.

17.3 Lien of KJC Vaulting

KJC Vaulting claims a lien on the terms contained in paragraph 2.3.

18. Insurance

18.1 Insurance for Storage of Your Bullion

KJC Vaulting is nominated as the insured under policies of insurance taken out by it, or on its behalf, for your Bullion stored at KJC Facilities or with 3rd Party Storage Providers.

18.2 Insured Amount and Payment on the Policy

Your Bullion is insured for its Replacement Value and payment on the policy is made to KJC Vaulting, or its associate, as the nominated insured.

18.3 Evidence of Insurance

KJC Vaulting may on written request provide evidence of the insurance in place in respect of the Storage Premises at which your Bullion is stored.

19. Record Keeping and Auditing of Your Bullion

19.1 Record Keeping

KJC Vaulting maintains records of your Bullion held by it or any 3rd Party Storage Provider.

19.2 Audit of 3rd Party Storage Providers

KJC Vaulting has at all reasonable times access to the premises of 3rd Party Storage Providers to carry out, or cause to be carried out, an audit of your Bullion held with such 3rd Party Storage Providers.

20. Warranties

20.1 Warranties Given by You

You warrant that:

• You are the legal and beneficial owner of the Bullion
• You have not granted any Security Interest charge, lien, pledge over your Bullion

20.2 Warranties Given by KJC Vaulting

KJC Vaulting warrants that:

• It will provide or procure secure storage of your Bullion
• It will provide and maintain insurance for loss, damage or destruction of your Bullion up to the Replacement Value of your Bullion
• As bailee of your Bullion it will do all things reasonably necessary to procure from any 3rd Party Storage Provider (known as a sub bailee) to KJC Vaulting a Security Interest in your Bullion to secure your Bullion to the fullest extent permitted by law from any claims made against the sub bailee

21. Exclusions and Limitations

21.1 Exclusion of Warranties and Conditions Implied by Law

To the maximum extent permissible by law KJC Vaulting excludes all warranties, conditions and terms that may otherwise be implied by law, statute or custom in relation to the storage services provided by it to you.

21.2 Limitation of Liability

To the fullest extent permitted by law KJC Vaulting liability for loss, damage or destruction to your Bullion however arising (whether in contract, tort or bailment) shall be limited to the lesser of:

• The Replacement Value of your Bullion
• The amount that is recoverable under the policy of insurance for the Storage Premises where the Bullion is stored (including any deductible payable under that policy) in respect of that loss, damage or destruction caused to your Bullion

21.3 No Liability

KJC Vaulting shall not be liable for loss, damage or destruction arising directly or indirectly from the following risks:

• Acts of God, riots, civil disturbance, war, insurrection
• Hostile or war-like action in time of peace or war including, without limitation, action in hindering, combating or defending against an actual, impending or expected attack
• Exercise by any government or sovereign power use of military, naval, or air forces, or by an agent or agents of any such government, power, authority, or forces
• Any weapon of war employing atomic fission or radioactive force whether in time of peace or war
• Insurrection, rebellion, revolution, civil war, civil disturbance, usurped power, or action taken by governmental authority in hindering, seizure or destruction under quarantine or customs regulations, or confiscation by order of any government or public authority, or risks of contraband or illegal transportation or trade
• Nuclear reaction or nuclear radiation or radioactive contamination
• Shortages claimed in the contents of sealed or locked shipments
• Any act or default by you that is the direct and proximate cause of a loss, damage or destruction
• Acts of terrorism not covered by KJC Vaulting's insurance or the policy insurance in place at Storage Premises except to the extent that Australian law mandates that insurance is provided as a paramount and continuing obligation in Australia for the benefit of the consumers in respect of acts of terrorism pursuant to the Terrorism Insurance Act 2003 (Commonwealth)
• Failure by you to comply in all aspects with the laws (local or otherwise) of any country within whose jurisdiction the Bullion is stored

22. Dictionary of Terms

AML/CTF: means the Anti Money Laundering and Counter Terrorism Financing Act 2006 (Cth)

Bullion: means gold, silver and other precious metals and items of a numismatic nature

Buy Order: means an order made by you to buy Bullion from us via our Online Store, over the counter at our premises or by telephone or email

Fees and Charges: means the Fees and charges applicable from time to time in relation to the Services and published on our Website

KJC Group: means KJC Coins (Australia) Pty Ltd (KJC Coins) as to the buying and selling of Bullion and KJC Secure Vaulting Pty Ltd (KJC Vaulting) as to storage of Bullion

Online Account: means your personal and secure online account to trade using our Online Store

Online Store: means KJC Group e-commerce store located on our Website

Registration Form: means a KJC Registration Form that can be downloaded from our Website to register you as a customer of the KJC Group and includes the personal identification documents required to establish your identity

Replacement Value: means the replacement market value of the Bullion that is the same as the lost or damaged Bullion or bullion that is similar to that of the lost or damaged Bullion

Secure Payment Options: means a payment method referred to at paragraph 2

Security Interest: has the meaning given under section 12 of the Personal Property Securities Act 2009 (Cth)

Sell Order: means an order made by you to sell Bullion to us

Services: means in relation to KJC Coins, the services of buying and selling Bullion and in relation to KJC Vaulting, the provision of storage services

Storage Premises: means premises owned or leased by KJC Vaulting (KJC Facilities) and premises of 3rd Party Storage Providers (3rd Party Premises)

Third (3rd) Party Obligations: means the obligations entered into by KJC Coins making binding financial arrangements with other parties to procure the Bullion to be sold to you and the possibility that KJC Coins may suffer a financial loss on the re-sale of such Bullion if the "live spot price" of the Bullion decreases

Third (3rd) Party Storage Providers: means the contractual arrangements KJC Vaulting has entered into with third parties for the provision of secure storage facilities for bullion, collectibles, rare coins and like property. Currently KJC Secure Vaulting has an arrangement with Prosegur (Australia) Pty Ltd ABN 81 004 247 358 as a 3rd Party Storage Provider

You or Your: means you the customer whose details have been provided to us in the relevant Registration Form whether as an individual, company, trustee including as a trustee of a self managed super fund

Vaulting Entry (Storage) Form: means the registration form to be completed (including personal identification of you) before KJC Vaulting will accept storage of your Bullion which can be downloaded from our Website

Vaulting Exit (Storage) Form: means the registration form to be completed (including personal identification checks) before KJC Secure Vaulting will release Bullion stored by it into your possession which can be downloaded from our Website

Website: www.kjc-gold-silver-bullion.com.au