TERMS AND CONDITIONS
WEBSITE TERMS AND CONDITIONS AND PURCHASE OF PRODUCT(S) AND SERVICES
July 1, 2018
Acceptance of the Terms and Conditions
The Website is only offered and available to users who are 18 or older and fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions, and to abide by and comply with these Terms and Conditions. If you do not meet all of the foregoing requirements, you must not access or use this Website.
These Terms and Conditions do not create any agency, partnership, joint venture or employment relationship between you and us. In the performance of their respective obligations hereunder, parties are independent contractors.
Neither party shall bind the other party to any contract or performance of obligation, nor shall neither party represent to any third party that it has the right to enter into a binding obligation on the other party’s behalf.
Changes to the Terms and Conditions
We may revise and update these Terms and Conditions from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter. However, any changes to the dispute resolution provisions set forth in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted on the Website. Your continued use of the Website following the posting of revised Terms and Conditions means that you accept and agree to the changes. We encourage and expect you to consult the Terms and Conditions each time you access a Website so you are aware of any changes, as they are binding on you.
Accessing the Website and Account Security
We reserve the right to withdraw or amend the Website, and any service, product or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users. You are responsible for (a) making all arrangements necessary for you to have access to the Website and (b) ensuring that all persons who access the Website through your internet connection are aware of these Terms and Conditions and comply with them.
If you choose, or are provided with, a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You are responsible for maintaining adequate security and control of any and all ID’s, usernames, passwords, etc that you use to access the Website. We assume no responsibility for any losses resulting from the compromise of your Account.
You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your username, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. The Company will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We have the right to disable any username, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms and Conditions.
Intellectual Property Rights
The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material. Violation of this Section is strictly prohibited without the express, written permission of Company. For information on requesting such permission, contact us at [email protected].
These Terms and Conditions permit you to use the Website for your personal, non-commercial use only. You must not sell, license, rent, copy, reproduce, transmit, distribute, modify, create derivative works from, publicly display, publicly perform, re-publish, adapt, edit, download, store or transmit any of the material on our Website, with the following exceptions: (1) your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials; (2) you may store files that are automatically cached by your Web browser for display enhancement purposes; (3) you may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution; (4) if we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications; and (5) if we provide social media features with certain content, you may take such actions as are enabled by such features.
You must not (1) modify copies of any materials from the Website; (2) use any illustrations, photographs, video or audio sequences or any graphics from the Website separately from the accompanying text; (3) delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Website. You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.
If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of the Terms and Conditions, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark and other laws.
You may use the Website only for lawful purposes and in accordance with these Terms and Conditions. You agree not to use the Website (a) in any way that violates any applicable federal, state, local or international law or regulation; (b) for the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise; (c) to send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards set out in these Terms and Conditions; (d) to transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation; (e) to impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing); or (f) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability.
Additionally, you agree not to (1) use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website; (2) use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website; (3) use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent; (4) use any device, software or routine that interferes with the proper working of the Website; (5) introduce any spyware, viruses, trojan horses, worms, keystroke logger, rootkit, logic bombs or other material which is malicious or technologically harmful; (6) attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website; (7) attack the Website via a denial-of-service attack or a distributed denial-of-service attack; or (8) otherwise attempt to interfere with the proper working of the Website.
You must not conduct any systematic or automated data collection activities on or in relation to this Website without the Company’s express written consent. This includes: scraping, data mining, data extraction, data harvesting, ‘framing’ (iframes), article spinning.
Access to certain areas of this Website may be restricted. The Company reserves the right to restrict access to certain areas of this Website, or at our discretion, this entire Website. The Company may change or modify this policy without notice.
If the Company provides you with a username and password to enable you to access restricted areas of this Website or other content or services, you must ensure that the username and password are kept confidential. You alone are responsible for your password and username security.
Information About You and Your Visits to the Website
Online Purchases and Refunds
The Company may offer one or more membership programs, products, courses and services on its Website. The pricing will be clearly stated on the applicable order form.
By selecting a product or service, you agree to pay the Company the one-time product purchase and/or monthly or annual fees indicated (additional payment terms may be included in other communications).
You expressly agree that you will not reverse or attempt to reverse any transaction(s) you complete. You also agree that we may deduct any funds or Balance associated with your Account if a transaction using a bank account or credit card is subsequently reversed via a chargeback, reversal, claim or is otherwise invalidated. We may also deduct any funds or Balance held by you in a wallet or online account to satisfy any outstanding amount owed by you to the Company under this Terms and Conditions or otherwise. We reserve the right to report, suspend and/or terminate any purchases or Subscriptions for chargeback abuse.
For regulatory and compliance reasons, we reserve the right to refuse to process, cancel or reverse, any transaction(s) if the Company suspects the transaction(s) may involve illicit activity like money laundering, terrorist financing, fraud, any crime, or as required by facially valid legal process, or relates to a Prohibited Use or Prohibited Business. We reserve the right to report, suspend and/or terminate any purchases or Subscriptions for such suspected activity.
Refund Policy - Memberships.
All memberships that include CUB, PUMA, LEOPARD, LION and JAGUAR as well as any products that include a live event ticket (TIGER & PANTHER), have a strict 72-hour return policy. Once the refund period expires, refunds will no longer be granted.
The Company may refer Customers to Atlas Forge or other third-party websites for purchase of precious metals, precious jewels, strategic metals, etc. Purchase of these products are to be governed by the Customer and third party. Purchasing and refund policies governing these transactions will vary and Customer is strongly encouraged to read in detail such policies. Atlas Forge’s policies governing purchases of its products are herein included and You acknowledge and agree to them, unless otherwise modified in writing or agreement between You and Atlas Forge.
Atlas Forge’s Refund Policy - Precious Metals.
Precious metals are subject to daily price fluctuations which are not affected by the Company or Atlas Forge. For this reason, all precious metal sales are final with confirmation of order and confirmed payment. The Customer shall have no right to appeal on the matter of agreed upon purchase of the sale of precious metals.
Atlas Forge Refund Policy - Strategic Metals and Diamonds.
The Customer shall have the right to receive a refund within 14 days of purchase.
Only orders paid in cryptocurrency will be refunded in the same respective cryptocurrency minus transaction fees. Any refund is calculated from the Euro value you have paid for the merchandise and will be paid in the respective cryptocurrency according to the exchange rate at the time the refund is issued. Unlike traditional banking transfers, cryptocurrency transactions are not reversible and a refund of an incorrectly transmitted payment cannot be enforced. Please note that you are fully responsible for the correctness of the provided cryptocurrency address and that you hereby agree that you bear any consequences and financial loss incurred from providing incorrect payment instructions.
All refunds are issued by the method of payment used by you in order to pay for the product. To obtain a full refund for qualifying products and services, you may do so by contacting Atlas Forge and its support team at [email protected] Once your return is processed, Atlas Forge support will send you a confirmation email.
Additional terms and conditions may also apply to specific portions, services or features of the Website. All such additional terms and conditions are hereby incorporated by this reference into these Terms and Conditions.
Atlas Forge Product Delivery and Shipping
Delivery is only available for precious metals only. If you have selected home delivery for precious metals, after confirmed payment, you will receive an invoice from Atlas Forge as proof of ownership and an email confirming the shipment and a tracking number (delivery confirmation). It is quite possible the shipment will be shipped in more than one package, as occasionally gold and silver are shipped separately. Therefore, you will receive a separate shipping confirmation and tracking number for each package.
Atlas Forge reserves its right to withhold delivery of precious metal purchases until the Customer has fully identified themselves. To be fully identified the Customer must submit the following documents:
1. Know Your Customer (KYC) documents: A copy of a valid passport or government issued picture ID and proof of residence (for example, a utility bill), which is not older than 3 months. Date and personal information must be clearly indicated.
2. A copy of the credit card must be sent, with which the purchase was made (cover number with the first 6 and the last 4 digits visible).
3. If applicable, the Customer is called personally.
Shipping costs will apply and vary worldwide and shall be provided to the Customer prior to the shipment.
Certain countries may possibly be subject to additional delivery costs from the transportation company. Additional taxes and duties incurred depend on the country. If your delivery is outside the USA, you may incur import duties and taxes once the package reaches your specified destination.
Any additional charges for customs clearance are the Customer’s responsibility as Atlas Forge has no control over these charges. Customs regulations vary greatly from country to country. Therefore, you should contact your local customs office for further information.
You agree to provide a current shipping address, where you can collect your product(s). The shipping address must be a residential or business address where the transfer to an individual is possible. In most cases, a signature will be required. Deliveries to postal boxes shall not be made. Any costs of unsuccessful attempts to deliver your precious metals shall be incurred by you.
Delivery of precious metals will only be made after successful Purchase Conclusion and approval of the KYC documents.
Returned Package and/or Refused Package and/or Restocking Charge
A €6.00 per package fee will be charged for all packages that are returned, irrespective of the reason. If re-shipping is required of the returned package(s), a re-shipping Handling Charge equal to the original Handling Charge will be charged. If additional shipping charges apply, said shipping charges are the responsibility of the Customer.
Atlas Forge Vaulting and Storage
If you select the Company’s recommended, trusted and insured vaults for storage of your products, you will receive an invoice from Atlas Forge as proof of ownership. You agree to have your products stored in a collective deposit. You must check and agree to the annual fee on the actual value of the invested products for logistics and insurance. After confirmed payment, you will receive an invoice from Atlas Forge as proof of ownership stating the quantities and products stored and a Certificate.
Atlas Forge Repurchase Policy
You’re acquired custom branded Panther Strategies gold and silver, strategic metals, diamonds and any precious metals stored in our vaults can be sold freely at any time based on the Atlas Forge purchase price. The buyback price lists are published in the Atlas Forge membership site. If you purchased your products from Atlas Forge by credit card, a buyback of the products are only possible at least 6 months after the date of purchase, after receiving the returned product and after successful implementation of the security policies. You will have to send Atlas Forge a copy of the credit card with which the purchase was made (covered number with the first 6 and the last 4 digits visible), and a copy of the valid passport.
The Company pricing for all products and services is based on the EURO. Any fluctuations of exchange rates and exchange charges will be incurred by the Customer. If the Customer pays the purchase price which is not in the agreed currency, a currency conversion fee of 3% above the exchange rate of the European Central Bank will apply.
If the Customer pays by credit card, an additional amount of 3% of the purchase price shall be charged and this amount shall be directly deducted from the received purchase payment.
If the Customer pays by cryptocurrency, there is a 1% payment processing fee. You understand that by paying using cryptocurrencies as a transaction method, you are using a payment means that is not backed by an official governmental entity or international financial institution, and that the payment system may be prone to large fluctuations in value in a short period of time. The parties agree that any refunds for transactions using cryptocurrency will be assessed on the respective cryptocurrency exchange rate to EURO at the time of the refund disbursement, and not at the time of the original transaction or refund request.
In terms of the sale of strategic metals and diamonds, they are not subject to VAT (value added tax).
Your purchase of any products or services on the Website is considered final with confirmation of order and a successfully received payment. This is confirmed to you via an email confirming the receipt of the order and its details (order confirmation).
You agree to receive invoices electronically. Electronic invoices are billed to you in PDF format and can be found in your membership site in the tab “Invoices” under the “Shops” tab.
The Customer acknowledges knowing that he/she is entitled to no right of withdrawal for the purchase of precious metals.
Other Terms and Conditions and Conclusion
Money Laundering Statement
The Company is committed to being fully compliant with the provisions of the Money Laundering Regulations, the Proceeds of Crime Act and anti-terrorism laws.
The Customer acknowledges that all payments made on the Website are from their own, legally earned and properly taxed capital and not from offenses, and not in connection with terrorist acts or the trade or consumption of drugs.
Linking to the Website and Social Media Features
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.
The Website may provide certain social media features that enable you to: (a) link from your own or certain third-party websites to certain content on the Website; (b) send emails or other communications with certain content, or links to certain content, on the Website; or (c) cause limited portions of content on the Website to be displayed or appear to be displayed on your own or certain third-party websites. You may use these features solely as they are provided by us, solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features.
Subject to the foregoing, you must not (a) establish a link from any website that is not owned by you; (b) cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site; (c) link to any part of the Website other than the homepage; (d) otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms and Conditions. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
Links from the Website
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the website or any services or items obtained through the website or to your downloading of any material posted on it, or on any website linked to it.
Your use of the website, its content and any services or items obtained through the website is at your own risk. The website, its content and any services or items obtained through the website are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied. Neither the company nor any person associated with the company makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy or availability of the website. Without limiting the foregoing, neither the company nor anyone associated with the company represents or warrants that the website, its content or any services or items obtained through the website will be accurate, reliable, error-free or uninterrupted, that defects will be corrected, that our site or the server that makes it available are free of viruses or other harmful components or that the website or any services or items obtained through the website will otherwise meet your needs or expectations.
Without limiting the foregoing, the company is not acting as a financial or legal advisor and does not guarantee that you will achieve any particular result from using the website or from participating in the company’s membership programs located on its websites. Please see our complete earnings disclaimers for additional details, found at https://pantherstrategies.com/?page=Disclaimer. The company hereby disclaims all warranties of any kind, whether express or implied, statutory or otherwise, including but not limited to any warranties of merchantability, non-infringement and fitness for particular purpose.
Limitations on Liability
The Company will not be liable to you (whether under the law of contract, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this Website: (a) to the extent that the Website is provided free-of-charge, for any direct loss; (b) for any indirect, special or consequential loss; or (c) for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
In no event will the Company, its affiliates or their licensors, service providers, employees, agents, suppliers, advisors, officers or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the website, any websites linked to it, the membership programs available through the website, any content on the website or such other websites or any services or items obtained through the website or such other websites, including any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), the cost of procurement for substitute products or services, for any amounts that exceed the fees paid by you to the Company under this agreement during the twelve (12) month period prior to the cause of action, breach of contract or otherwise, even if foreseeable. The Company shall have no liability for any failure or delay due to matters beyond their reasonable control.
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, advisors, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms and Conditions or your use of the Website, including, but not limited to, your User Contributions, any use of the Website’s content, services and products other than as expressly authorized in these Terms and Conditions or your use of any information obtained from the Website.
Breaches of These Terms and Conditions
Without prejudice to the Company’s other rights under these Terms and Conditions, if you breach these Terms and Conditions in any way, the Company may take such action as it deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceeding against you.
Governing Law and Jurisdiction
All matters relating to the Website and these Terms and Conditions and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of Saint Lucia, and any disputes relating to these Terms and Conditions will be subject to the exclusive jurisdiction of the courts of Saint Lucia.
Any legal suit, action or proceeding commenced by you and arising out of, or related to, these Terms and Conditions or the Website shall be instituted exclusively in Saint Lucia. Notwithstanding the foregoing, we retain the right to bring any suit, action or proceeding against you for breach of these Terms and Conditions in Saint Lucia or any permissible venue (if outside Saint Lucia). You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Waiver and Severability
No waiver by the Company of any term or condition set forth in these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.
If any provision of these Terms and Conditions is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms and Conditions will continue in full force and effect.
E-Signature Notice - Consent to Electronic Record
E-Sign, the Electronic Signatures in Global and National Commerce Act (15 U.S.C. 7001, et seq.), requires that You consent to entering into an electronic agreement with the Company before a purchase can be executed. Please read the following information carefully:
a) If you enter into an online purchase with the Company, You will not be required to submit a paper application. An electronic record will evidence the entire agreement between You and the Company. However, You must consent to the use of an electronic record and must read these Terms and Conditions and Panther Strategies Policies and Procedures, and electronically acknowledge below that You have read and agree to these documents.
b) To access these documents and submit your online E-Signature notice, You will need a personal computer/Mac with Internet access and operational Internet browser software.
This Agreement will be binding upon each party hereto and its successors and permitted assigns. This Agreement will not be assignable or transferable by You without the Company’s prior written consent. This Agreement contains the entire understanding of the parties regarding use of the Site and Content, its subject and supersedes all prior and contemporaneous agreements and understandings between the parties regarding the same. Any rights not expressly granted herein are reserved. The provisions of this Agreement addressing disclaimers of representations and warranties, indemnity obligations, intellectual property and governing law shall survive the termination of this Agreement.
You consent to the use of electronic records evidencing your agreement to the Terms and Conditions and the Policies and Procedures.
I consent to the use of electronic records and have read, understand, and agree to the E-Signature Notice.
In case of any discrepancy between the meanings of any translated versions of these Terms and Conditions, the meaning of the English Language version shall prevail.
The Terms and Conditions and the other documents specifically incorporated herein constitute the sole and entire agreement between you and the Company with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website. Neither you nor Company are relying on any representation not contained herein (or in the other documents specifically incorporated herein).
If you need to contact us, please submit an email to us at [email protected], or send us a letter at: 20 Micoud Street, Castries, Saint Lucia.