PREMIER GOLD MEMBERS CLUB

TERMS AND CONDITIONS

1. GENERAL - SCOPE

1.1 The following terms and conditions apply to all business relationships between the member and Premier Gold, following named as “us”. The governing law is that which was valid when the contract was put into effect.

1.2 Dissenting, conflicting or additional member’s terms and conditions, even if acknowledged, are not part of the contract unless their validity is expressly agreed upon.

1.3 The various top-level domains (“domain suffixes”) are administered by a multitude of different, mostly national, organisations.

Each of these organisations allocating domains has different terms and conditions for registration and administration of top-level domains, their respective sub-level domains and the procedures for domain disputes. As far as domains concern the contract, following additional terms and conditions apply: https://premiergold.wildapricot.org/sys/website/?pageId=1075324

2. CONCLUSION OF THE CONTRACT

2.1 Our offers are subject to change. We reserve the right to make technical and other changes within reason.

2.2 Upon enrolling, the member is bound to the tentative offer. We will confirm the receipt of the member's order immediately. The confirmation is not contractually binding. The confirmation and acceptance of the contract may be incorporated together.

2.3 We are entitled to accept the offer of a contract (the membership order) within a period of 5 working days after receipt. We are also entitled to reject the order after examining the reliability of the member.

3. SCOPE OF SERVICES

3.1 As far as the subject of the contractual relationship is concerned regarding the registration of memberships, we conduct the procurement of the desired membership only. For the actual allocation of the membership level, the member can only expect it if this is confirmed by us. We do not have any influence over the allocation or approval of the membership levels. A liability and warranty for the actual allocation of membership ordered is therefore excluded.

3.2 We guarantee an annual average of 99.9% network availability for the infrastructure of our membership centre.  If the security of the power supply network or the maintenance of network integrity is in jeopardy, we can temporarily restrict access to the service as required.

3.3 The services offered are those valid at the time of the order based on the offer information, the order form and the applicable monthly and annual special offers if applicable.

3.4 If the member wishes to be registered with a regular level membership (online content), we are only responsible for certain supply of information online.

3.5 Technical limitations are regulated by the electronic system available.

3.6 Technical support services are not included in the membership offers. If needed or desired the member will be charged separately. The effective prices are available at any time up request.

4. DATA INTEGRITY

4.1 Where data is transmitted to us, the member is to back up their data regularly. The server will be backed up regularly by us when this is part of the offer. In the case of data loss, the member must transfer the respective data information to us again free of charge.

4.2 The member is obliged to ensure information supplied are private and confidential no changes on information supplied are permitted or distributed to third parties.

4.3 The member will receive a user ID and password for security purposes. This must be kept confidential. The member will be held liable for any malpractice resulting from the unauthorized use of the password. If the member becomes aware that unauthorized third parties know the password, they have to inform us without delay. If the member is at fault for third-party password abuse, the member will be liable for all user fees and damages. In suspicious cases the member is able to request a new password, which we then send on to the member.

5. PRIVACY

5.1 Our data protection policies are in accordance with the GDPR (European Union's General Data Protection Regulation), the BDSG (Germany's Federal Data Protection Act), the TMG (German Telecommunications Act) and the United Kingdom Data Protection Act 2018 (DPA ACT)

5.2 Personal data of members will only be collected and used, if they are required for the creation, content arrangement or modification of the contractual relationship. The member is obligated to update these data in its online administrations interface.

5.3 The member’s Email address will only be used for information on orders, for invoices and – provided that the member does not object – for member care as well as for our newsletter, if the client so wishes.

5.4 We do not give any personal client information to third parties, with the exception of our service partners as far as they are required to determine the remuneration and settlement with the member.

5.5 The member has the right to information and a right to amend, to suspend or to delete his saved information. If deletion conflicts with a legal or contractual duty to save information, or other legal grounds, the information will be made inaccessible.

6. PUBLISHED CONTENT

6.1 It is the member's responsibility to identify the Internet content as their own or as members content. The member's full name and address must be present. Further obligations may result from the provisions of the Telecommunications Act and Teleservices Act. The member is obliged to examine these provisions and to comply with them.

6.2 The member undertakes not to publish content that may violate the rights of third parties or the private and confidential information available or otherwise violate the law. The placement of erotic, pornographic, extremist material or material not deemed in good taste is not permitted. We are entitled to block access to the account of any member who violates this.

The same applies in the event that the member publishes content which is capable of violating the rights of individuals or groups of people, or that insults or denigrates these people. This applies even without an actual legal claim. We are not obligated to review our members' content.

6.3 The sending of spam mail is forbidden. This includes in particular the sending of illegal, unsolicited advertising to third parties. With regards to the sending of Emails, it is forbidden to provide false sender information or to conceal the identity of the sender by other means. We are entitled to block the access if it is not respected.

7. LIABILITY

7.1 For direct damages, secondary damages or lost profits due to technical problems and disturbances within the Internet that are not in our sphere of influence, we assume no liability.

7.2 With regards to contractors, we are not liable for minor negligence of contractual obligations. This does not apply to all cases of personal injury and is in accordance with the product liability law.

For indirect damages and loss of profits, we are liable only in cases of intentional or gross negligence. In this case we are liable only for the contract-typical predictable damage, a maximum of 100% of the annually fee.

7.3 If the member’s web content is in violation of paragraph 6 of obligations, particularly in violation of legal prohibitions or morality, they shall be liable to us for all of the resulting direct and indirect damages, including property damage. In addition, the member agrees to free us from all claims by third parties – no matter which kind – that may result from illegal internet content. The exemption obligation includes liability for all legal defence costs (e.g. court and attorneys' fees).

8. TERMS OF PAYMENT

8.1 The current valid membership prices are accessible at any time at https://www.premiergold.wildapricot.org/join-us

8.2 Depending on the contractual agreement, a monthly or annual membership account will be issued. Monthly payments are conducted solely by paying online or by way of EFT. All other payments are carried out through issuing an invoice and payment online. Payment is due immediately upon receiving the invoice.

8.3 We are entitled without warning to deduct default interest on all overdue payments as indicated on the invoices.

The amount of interest charged will be 5 percentage points above the base rate.

8.4 We are also entitled, in case of default payments, to block the internet presence of the member and to block all other functions.

8.5 The acceptance of checks is not permitted.

8.6 Invoices are sent by Email as attachments. To receive invoices by ordinary post we are entitled to charge a reasonable service fee. For retrospective changes to invoices, which come about due to no fault of ours, we are entitled to charge a reasonable service fee.

9. CONTRACT DURATION/CANCELLATION/PLACE OF EXECUTION

9.1 Where not otherwise contractually agreed, the contracts are in place for a period of one year, annually renewable.

9.2 The contract is cancellable without giving reasons by both parties at any time during a period of one quarter notice, but at the earliest on expiry of the minimum contract period stipulated in the contract. A cancellation can be done in writing by letter, email or via the secure online administrations interface, provided this option is available.

9.3 We are also entitled to terminate the contractual relationship for good cause without notice. One important reason for termination would be in the case of one month that the member did not pay a substantial part of the compensation owed. Another important reason, among others, can also be that the member contravenes or ignores warnings about infringement of the requirements of section 6.

Another important reason, that can result in block or determination without notice, may be that the member uses content, which affects the performance or the safety of the server and private and confidential information as displayed.

9.4 The place of business for all services under this contract is London, United Kingdom. Jurisdiction for all disputes arising from this contract is for the relevant local London court if the member is a contractor, a legal entity of public law, or public legal special fund.

The same applies if the member does not have general jurisdiction in the United Kingdom or when the domicile or habitual residence at the time of the action is not known. We are also entitled to take legal action in the country of residence of the member.

9.5 If the member intends to devolve his contractual rights to another person, he requires our consent. Devolution of contractual rights can only be done in writing by letter, via the secure online administrations interface, provided this option is available. When devolution is carried out by letter, the previous and the new contract partners must both provide a signature.

10. CANCELLATION

10.1 Right of withdrawal:

You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period will expire after fourteen days from the day of the conclusion of the contract. To exercise the right of withdrawal, you must inform us (Premier Gold Investments, email: membersservives@premiergold.ch of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by Email or via the secure online administrations interface). You may use the model withdrawal form, but it is not obligatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

10.2 Consequences of withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us) without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise, in any event, you will not incur any fees as a result of such reimbursement.

If you requested to begin the performance of service during the withdrawal period, you shall pay us an amount which is in proportion to what has been provided until you have communicated us your withdrawal from this contract, in comparison with the full coverage of the contract.

11. QUERIES AND COMPLAINTS

If you requested to begin the performance of service during the withdrawal period, you shall pay us an amount including fees which is in proportion to what has been provided until you have communicated us your withdrawal from this contract, in comparison with the full coverage of the contract.

Status: 01 December 2020