Terms of Service | GoldVara

GoldVara d/b/a www.GoldVara.com (GoldVara, we, us, or our) welcomes you. We are happy that you have decided to access and use our Platform.

We provide access to our Platform to Visitors and Users subject to the following Terms of Use, which may be updated by us from time to time without notice to you. By browsing the public areas or by accessing and using the Platform, you acknowledge that you have read, understood, and agree to be legally bound by the terms and conditions of these Terms of Use and the terms and conditions of our Privacy Policy, which is hereby incorporated by reference (collectively, this Agreement). If you do not agree to any of these terms, then please do not use the Platform.

Capitalized terms not defined in these Terms of Use shall have the meaning set forth in our Privacy Policy.

DESCRIPTION OF SERVICES

GoldVara is the premiere online marketplace for you to sell your gold jewelry, Gold & Silver coins/bullion and luxury brand jewelry (each sale, a Transaction).

We provide Visitors and Users with access to the Platform as described in this Agreement.

Visitors. Visitors, as the term implies, are people who want to look around and see what our services are all about. Visitors can (a) view all publicly-accessible content, and (b) e-mail us.

Users. Users can do all the things that Visitors can do, and may also be able to: (a) enter into Transactions; (b) participate in our promotional offers; (c) sign up for alerts and other notifications; and (e) post comments, reviews, pictures, and other content (collectively, User Content).

We are under no obligation to accept any individual as a User, and may accept or reject any User in our sole and complete discretion.

Also, when using our App, Visitors and Users may elect to consent to: (a) the use of their mobile devices Geolocational Information to provide our services; and (b) receive text messages. In either case, the Visitors and Users consent to and shall pay all carrier data, messaging, and other fees resulting from their usage of the Platform.

RESTRICTIONS

The Platform is available for individuals 18 years or older. If you are under 18, please do not use the Platform. By accessing and using the Platform, you represent and warrant that: (i) you are at least 18; (ii) you are the actual, legal owner of the gold, silver, platinum, coins, bullion, diamonds, jewelry, or other items you are attempting to sell to GoldVara; and (iii) you are acting on your own behalf and not as the agent or representative of any other party.

COMMUNITY GUIDELINES

Our community, like any community, functions best when its people follow a few simple rules. By accessing and/or using the Platform, you hereby agree to comply with these community rules and that:

You will not send us any hazardous materials or any materials that do not contain precious metals of at least 0.25 ounces troy or precious gems/diamonds. You will not use the Platform for any unlawful purpose, including money laundering;

You will not post or send us false or misleading information;

Other than sending us information in accordance with this Agreement, you will not use the Platform to engage in any commercial activities, including, without limitation, raising money; advertising or promoting a product, service, or company; or engaging in any pyramid or other multi-tiered marketing scheme;

You will not access or use the Platform to collect any market research for a competing business. You will not upload, post, e-mail, transmit, or otherwise make available any User Content that:

infringes any copyright, trademark, right of publicity, or other proprietary rights of any person or entity; or is threatening, tortious, defamatory, libelous, indecent, obscene, pornographic, invasive of anothers privacy, or promotes violence; or discloses any sensitive information about another person, including that persons e-mail address, postal address, phone number, credit card information, or any similar information; You will not stalk or otherwise harass another.

You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;

You will not cover, obscure, block, or in any way interfere with any advertisements and/or safety features (e.g., report abuse button) on the Platform;

You will not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure;

You will not use automated means, including spiders, robots, crawlers, data mining tools, or the like to download or scrape data from the Platform, except for Internet search engines (e.g., Google) and non-commercial public archives (e.g., archive.org) that comply with our robots.txt file;

You will not use any automated device or software that enables the submission of automatic postings on the Platform without human intervention or authorship, including, without limitation, the use of any such automated posting device in connection with bulk postings or for automatic submission of postings at certain times or intervals; and

You will not interfere with or attempt to interrupt the proper operation of the Platform through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the Platform through hacking, password or data mining, or any other means.

Please let us know about inappropriate content. If you find something that violates our community guidelines, let us know, and well review it. We reserve the right, in our sole and absolute discretion, to deny you access to the Platform, or any portion of the Platform, without notice and remove any User Content that does not adhere to these guidelines.

SALES AND TRANSACTION PROCESS

Description of Your Items

When you request a shipping kit or label, we ask you to describe the items you intend to send, and we may ask for photos. This description is your declaration of contents. We use it to set the insurance on your shipment and, if anything goes wrong in transit, to establish what was in the package. Describe everything you are sending, accurately. Items you did not describe before the label was issued are not covered, and a discrepancy between your description and what we receive may affect the outcome of a claim or transaction.

Your Insured Value

Every prepaid label we issue carries transit insurance underwritten by Jewelers Mutual through its shipping program. The insured amount for your shipment (the Declared Value) is stated in your kit confirmation email. We set it from your description, your photos, and our conversation with you, at the market value of the items on the day the label is issued.

Coverage depends on the carrier and the packaging, so each kit type has a ceiling:

Full Kit by USPS: up to $5,000.
Full Kit by FedEx: up to $25,000. We choose the FedEx service.
Express Label (emailed): up to $75,000, using the packaging and carrier service we specify in your email. For higher amounts, contact us before you ship; we will arrange the packaging, a tamper seal, and insurer approval.

If the value you describe needs a different carrier, service, or packaging than the one you selected, we may make that change at no cost to you and will tell you in your confirmation email. Some amounts are subject to the insurer’s approval before your label is released. This usually takes a few minutes during business hours, and we will send your label once it is approved.

If your items are worth more than the Declared Value in your confirmation email, tell us before you ship and we will reissue the label. Value above the Declared Value is not insured, and we are not responsible for it.

Packages We Did Not Send a Label For

We insure and take responsibility only for packages sent to us on a prepaid label we issued. We do not accept items shipped to us any other way. If a package arrives that we did not send a label for, including one shipped on your own label or account, or one a carrier leaves with us without our authorization, it travels entirely at your own risk. We do not insure it, we are not responsible for its loss, damage, or contents, and no coverage under these Terms applies to it. We may refuse such a package, hold it unopened, or return it at the sender’s expense, and handling or opening it does not make us responsible for it. Do not ship items to us without first requesting a kit or label.

Shipping Conditions

The insurance on your shipment, and our responsibility for it, depend on the following (the Shipping Conditions). The insurer sets these conditions; we pass them on exactly.

1. Packaging.

Full Kit: use the supplies we send you. Place your items in the zip bag, the zip bag in the padded mailer, and the padded mailer in the carrier bag we provided with the prepaid label on it.
Express Label: use new packaging only. Free carrier packaging from the Post Office or a FedEx location is fine, and so is your own box, as long as it is new. Used packaging is not covered. If your confirmation email tells you to ship in a box, ship in a box; that instruction is what your Declared Value is based on.
Secure your items inside so they cannot move or rattle.
Nothing on the outside of the package may describe the contents. Do not write on the package.
Stick the label flat and directly on the package. Do not use a plastic pouch or sleeve.
One package per label. If you have more to send than fits, contact us for a second label.
Our labels are sized for jewelry, coins, and small items. If your package weighs more than 1 pound, contact us before you ship.

2. Drop-off. Coverage begins when the carrier scans your package as accepted and ends at the delivery scan. Hand your package to a person who will scan it and give you a receipt:

USPS: a clerk at a United States Post Office counter.
FedEx: a FedEx Office or FedEx Ship Center, or a FedEx driver on a scheduled pickup who scans the package when collecting it.

Packages left anywhere else are not covered. That includes shipping counters inside other stores (for example a Walgreens, Dollar General, grocery, or pharmacy counter, or a UPS Store), self-service kiosks, drop boxes, collection bins, your mailbox, and packages left out for pickup without a scan.

Keep your drop-off receipt. It is your proof of tender and is required for any claim.

3. Ship day. For higher-value shipments we may tell you which days to drop off, so the package is never in transit over a weekend. Follow that instruction. Dropping off on a day we asked you to avoid can reduce or void the insurance on that shipment.

4. Photographs. Before you pack, photograph each item clearly, from more than one angle, and photograph the sealed package before you drop it off. If you have a scale, a photo of the items on it is helpful. These photos, with your description, are what the insurer uses to establish what was shipped. A claim without them is decided on whatever other evidence exists, and may be reduced or denied by the insurer.

If Your Package Is Lost or Damaged

What we pay. If your package is lost or damaged in transit to us and you met the Shipping Conditions, we will pay you the lesser of (a) the Declared Value in your confirmation email and (b) the fair market value of the items on the ship date, as established from your description, your photos, and our evaluation. This is your sole and exclusive remedy for a shipment lost or damaged in transit.

If the conditions were not met. If the insurer denies or reduces a claim because a Shipping Condition was not met, our liability for that shipment is limited to the amount the insurer actually pays on it, if any.

Items not described. We are not liable for items that were not described before the label was issued, or for value above the Declared Value.

No other damages. We are not liable for indirect, incidental, consequential, or punitive damages, or for sentimental value, arising from a lost or damaged shipment.

Timing. We pay you within 10 business days after we receive the insurer’s payment on your claim. If the insurer’s final decision denies or reduces the claim for a reason other than a Shipping Condition not being met, we pay the amount due under “What we pay” within 10 business days after that decision.

How Claims Work

We hold the insurance, so we file the claim. You help us prove it.

Tell us promptly. If tracking has not shown delivery within 10 calendar days of the expected delivery date, or you have any reason to think the package is lost, contact us at (866) 623-6805 or info@goldvara.com right away. The insurer’s filing window is short, and we cannot file without your report.
Send what we ask for within 5 business days: the drop-off receipt, your photos, and your description of the contents.
Sign a statement. The insurer requires a signed statement of the contents and their value, under penalty of perjury. You agree to provide it.
Cooperate with any carrier investigation, including confirming details of your drop-off.

If you do not report a loss in time or do not provide these items, the insurer may deny the claim, and our liability is limited as described above.

Appeal. You may request one review of a claim decision within 14 calendar days of our resolution notice, with any new evidence. We will respond within 10 business days. That decision is final.

Packages That Arrive Tampered

Every package is opened on video. If a package arrives showing signs of tampering, opening, cutting, puncturing, resealing, or unauthorized taping, we document it on video and in writing, notify you within one business day, and file a claim with the insurer. We may, at our discretion, refuse the package from the carrier so it remains in the carrier’s custody for investigation. Either way, we handle the claim and you cooperate as described above. Our liability is as set out under “If Your Package Is Lost or Damaged.”

Valuation and Offer

Once we receive your items, our specially trained experts will test and evaluate them to determine their value. GoldVara may need to remove diamonds and gemstones to adequately value the precious metal content. We will ALWAYS contact you and get your consent to the removal of gemstones before doing so.

BY SENDING US YOUR JEWELRY, YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY ACCEPT THAT THE PROCESS OF DETERMINING A VALUE OF THE METAL MAY INVOLVE PLACING CERTAIN ACIDS ON THE GOLD, SILVER, PLATINUM, OR OTHER ITEMS WHICH CAN LEAVE PERMANENT STAINING AND/OR SCRATCHES. YOU HEREBY ACKNOWLEDGE AND AGREE THAT GOLDVARA IS NOT LIABLE FOR ANY DAMAGES CAUSED BY THIS PROCESS OR ANY RESULTING DECREASE IN THE VALUE OF THE ITEMS.

We will determine the value of your precious metals and Merchandise using the live market price of the applicable precious metal (gold, silver, platinum, etc.), as reported by metals.dev and Kitco, along with a tiered formula based on the purity and weight of the Merchandise and any other factor we deem appropriate, such as brand, desirability, eye appeal, condition, market trends, and auction values. Your offer is not locked to a single price. It is priced at the live market price when we send it, and it updates to the live market price each time you view it. For specific Payout Tier Ranges, see our Pricing page.

If we make you an offer, it will be valid until 5:00 pm EST the following business day. As the prices of diamond, gold, and other precious metals change regularly, our offers cannot generally be extended beyond then. When you accept, you are paid the offer amount shown on screen at the moment you accept. If you accept our offer, the goods will be immediately shipped for diamond removal and melting down, so your acceptance is legally binding on both of us and is irrevocable. Please note that when accepting an offer, any no value items will not be automatically returned to you, unless you specifically request their return at the time of the offer.

Price Beat Guarantee

If you have received a written offer for your Merchandise from a national online buyer, a local jeweler, or a pawn shop, we will beat it or return your Merchandise to you at our expense. We add a bonus to the competing offer based on the amount of our offer: $25 when our offer is $500 to $999.99, $50 when it is $1,000 to $1,999.99, and $100 when it is $2,000 or more. If our offer is under $500, the Price Beat Guarantee does not apply.

The competing offer plus the bonus will not exceed 90% of the current day’s market price for the precious metal content of your Merchandise. To qualify, you must send us written documentation of the competing offer. You may send it before or after we make you an offer, but it must reach us before you accept our offer. The competing buyer must be an established business with at least 25 customer reviews posted within the previous 12 months on a widely used review site, such as Google, Yelp, Trustpilot, or the Better Business Bureau. The Price Beat Guarantee does not apply to coins, bars, or bullion. We may change or end the Price Beat Guarantee at any time. The version posted on the date we receive your Merchandise applies to your transaction.

Accepting or Rejecting Offer

Once we have determined your offer, we will communicate it to you via (A) an e-mail message and/or (B) phone SMS message. You must accept our offer within six business days or, for your convenience, we will deem the offer accepted and issue payment to you according to the method you selected. If an offer is deemed accepted, you are paid the lower of (a) the offer amount at the live market price on the day it is deemed accepted and (b) the offer amount most recently shown to you.

Should you reject our offer, you may send an e-mail to info@goldvara.com with your return address so that we can confirm that address to ensure the safe returns of your valuables.

Returning Your Items to You

If you decline our offer, we return your items free of charge, by the carrier we choose, insured for the value of our offer (or, if we made no offer, the fair market value we determined), unless we agree a different amount with you in writing before the return ships. Coverage on the return ends at the carrier’s delivery scan.

Returns require a signature on delivery. If you waive the signature, or have a “signature on file” arrangement with the carrier, we are not responsible for loss after the carrier records delivery. Tell us immediately of any change of address; we are not responsible if the carrier cannot deliver to the address on file.

If a return cannot be delivered and comes back to us, we will contact you and resend it for a $39 fee to cover postage and handling, provided you contact us within 30 days. If we do not receive the fee within 14 days of contacting you, we may instead purchase the items at our most recent offer price, less the fee. Items returned to us a second time and unclaimed for 90 days are considered abandoned, and we may dispose of them without further notice or liability to you.

Items that contain less than 0.25 troy ounces of precious metal, and items found to be replica, counterfeit, or stolen, are returned uninsured and at your cost. We report suspected fraud to the appropriate authorities.

Payments

After you accept our offer or the offer is deemed accepted, we will arrange payment details with you. We will pay by one of the following payment methods:

Check

ACH transfer to your bank

Zelle

Zelle payments are sent the same business day; ACH arrives in one business day; a mailed check arrives in two to four business days. If you did not choose a payment method, we will issue a check.

If we deem your transaction to be suspicious, we may, before we issue Payment for your items, verify the personal and payment information submitted through a national provider of personal identification and verification services. If we are not able to verify your information, we may ask you for additional information which may delay Payment.

Nearly all our customers accept the offer we make, but if you decide not to accept our offer for your items, your goods will be returned to you, at our cost, within fourteen (14) business days from when you decline our offer.

Lost Property

If you send us items without a completed customer form, it is unlikely we will be able to identify you as the sender unless you have written your name and address on the package. If the shipping label was requested via our website, we may be able to identify you as the sender using the reference and tracking numbers of the label. If we are not able to identify you as the sender, then the items will be classed as lost property. We will continue to hold these items for a period of six (6) months in a secure area. Customers claiming items will be required to provide a full and detailed description before an offer is made. Once we have confirmed a lost property claim, we will make payment for the items at our then-current price. If the items have been held in excess of three (3) months, a deduction of $15 per week will be made from this payment to cover our storage and administration costs. If a claim is not made within six (6) months, the package will be considered abandoned.

Items Sent to Us in Error

Our shipping label and envelopes are coded with a unique bar and are for customers sending precious metals with the intent to sell to us. If you use our shipping labels or envelopes to send items intended for someone else, they will still be automatically sent to us. The fee for returning these items is $30, which covers our postage, insurance, and administration costs.

INTELLECTUAL PROPERTY

The Platform contains material, such as software, text, graphics, images, sound recordings, audiovisual works, and other material provided by or on behalf of GoldVara (collectively referred to as the Content). The Content may be owned by us or by third parties. The Content is protected under both United States and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws. You have no rights in or to the Content, and you will not use the Content except as permitted under this Agreement. No other use is permitted without prior written consent from us. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of the Content on any other website or in a networked computer environment for any purpose is expressly prohibited.

If you violate any part of this Agreement, your permission to access and/or use the Content, the Platform, and our services automatically terminates and you must immediately destroy any copies you have made of the Content.

The trademarks, service marks, and logos of GoldVara (GoldVara Trademarks) used and displayed on the Platform are registered and unregistered trademarks or service marks of GoldVara. Other company, product, and service names located on the Platform may be trademarks or service marks owned by others (the Third-Party Trademarks, and, collectively with the GoldVara Trademarks, the Trademarks). Nothing on the Platform should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of the GoldVara Trademarks inures to our benefit.

Elements of the Platform are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated, in whole or in part, by any means, including but not limited to the use of framing or mirrors. None of the Content may be retransmitted without our express, written consent for each and every instance.

COMMUNICATIONS TO US; USER SUBMISSIONS; AND PUBLICITY

Although we encourage you to e-mail us, we do not want you to, and you should not, e-mail us any content that contains confidential information. With respect to all e-mails you send to us, including but not limited to, feedback, questions, comments, suggestions, and the like, we shall be free to use any ideas, concepts, know-how, or techniques contained in your communications for any purpose whatsoever, including, but not limited to, the development, production and marketing of products and services that incorporate such information, without compensation to you.

As noted above, the Platform provides Users the ability to post and upload User Content. You expressly acknowledge and agree that once you submit your User Content, it will be accessible by others and that there is no confidentiality or privacy with respect to such User Content, including, without limitation, any personally identifying information that you may make publicly available. YOU, AND NOT GoldVara, ARE ENTIRELY RESPONSIBLE FOR ALL THE USER CONTENT THAT YOU UPLOAD, POST, E-MAIL, OR OTHERWISE TRANSMIT VIA THE PLATFORM.

You retain all copyrights and other intellectual property rights in and to your own User Content. You do, however, hereby irrevocably grant us and our sublicensees and assignees a non-exclusive, transferable, perpetual, royalty-free, freely sublicensable (through multiple tiers) license to modify, compile, combine with other content, copy, record, synchronize, transmit, translate, format, distribute, publicly display, publicly perform, and otherwise use or exploit (including for profit) any and all of your User Content and all intellectual property and moral rights therein throughout the universe, in each case, by or in any means, methods, media, or technology now known or hereafter devised. Without limiting the foregoing, you acknowledge and agree that uses of your User Content permitted by the foregoing rights and licenses may include the display of such User Content adjacent to advertising and other material or content, including for profit.

If you submit User Content to us, each such submission constitutes a representation and warranty that such User Content is your original creation (or that you otherwise have the right to provide the User Content), that you have the rights necessary to grant the license to the User Content under this Section, and that it and its use by GoldVara and its content partners as permitted by this Agreement does not and will not infringe or misappropriate the intellectual property or moral rights of any person or contain any libelous, defamatory, or obscene material or content that violates our community guidelines.

NO WARRANTIES/LIMITATION OF LIABILITY

WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE PLATFORM. WE SHALL NOT BE SUBJECT TO LIABILITY FOR ANY DELAYS OR INTERRUPTIONS OF THE PLATFORM FROM WHATEVER CAUSE. YOU AGREE THAT YOU USE THE PLATFORM AND THE CONTENT AT YOUR OWN RISK.

WE DO NOT WARRANT THAT THE PLATFORM WILL OPERATE ERROR-FREE OR THAT THE PLATFORM, ITS SERVERS, OR THEIR CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IF YOUR USE OF THE PLATFORM OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, WE SHALL NOT BE RESPONSIBLE FOR THOSE COSTS.

THE PLATFORM AND THE CONTENT ARE PROVIDED ON AN AS IS AND AS AVAILABLE BASIS WITHOUT ANY WARRANTIES OF ANY KIND. WE DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.

OTHER THAN IN CONNECTION WITH OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT: (I) WE SHALL NOT BE LIABLE TO YOU (OR TO ANY PERSON CLAIMING RIGHTS DERIVED FROM YOUR RIGHTS) FOR CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION LOST REVENUES OR PROFITS, OR LOSS OF GOODWILL OR REPUTATION) WITH RESPECT TO ANY CLAIMS BASED ON CONTRACT, TORT OR OTHERWISE (INCLUDING NEGLIGENCE AND STRICT LIABILITY) ARISING OUT OF OR RELATING TO THIS AGREEMENT; AND (II) EXCEPT AS EXPRESSLY PROVIDED UNDER “IF YOUR PACKAGE IS LOST OR DAMAGED” AND “RETURNING YOUR ITEMS TO YOU”, OUR MAXIMUM LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED THE AGGREGATE AMOUNT OF INSURANCE PROCEEDS WE COLLECT IN CONNECTION WITH SUCH CLAIM.

THE PLATFORM MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. WE ARE NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL OR TECHNICAL ERRORS LISTED ON THE PLATFORM. THE PLATFORM MAY CONTAIN INFORMATION ON SERVICES WHICH ARE NOT AVAILABLE IN EVERY LOCATION. A REFERENCE TO A SERVICE ON THE PLATFORM DOES NOT IMPLY THAT SUCH SERVICE IS OR WILL BE AVAILABLE TO YOU. WE RESERVE THE RIGHT TO MAKE CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS TO THE PLATFORM AT ANY TIME WITHOUT NOTICE.

EXTERNAL SITES

The Platform may contain links to third-party websites (External Sites). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk.

INDEMNIFICATION

You agree to defend, indemnify, and hold us and our officers, directors, employees, successors, licensees, and assigns harmless from and against any claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of this Agreement or any of your Transactions or your access to, use, or misuse of the Platform, the Content, or our services. We shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit, or proceeding. We reserve the right, at your expense, to assume the exclusive defense and control of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.

COMPLIANCE WITH APPLICABLE LAWS

The Platform is based in the United States. We make no claims concerning whether the Content may be downloaded, viewed, or be appropriate for use outside of the United States. If you access the Platform or the Content from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.

TERMINATION OF THE AGREEMENT

We reserve the right, in our sole discretion, to restrict, suspend, or terminate this Agreement and your access to the Platform, at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the Platform at any time without prior notice or liability.

DIGITAL MILLENNIUM COPYRIGHT ACT

GoldVara respects the intellectual property rights of others and attempts to comply with all relevant laws. We will review all claims of copyright infringement received and remove any Content or user submissions deemed to have been posted or distributed in violation of any such laws.

Our designated agent under the Digital Millennium Copyright Act (the Act) for the receipt of any notification of claimed infringement, which may be given under that Act is as follows:

GoldVara

Attention: Legal

1600 Sheepshead Bay Road, Brooklyn, NY 11235

If you believe that your work has been copied on the Platform in a way that constitutes copyright infringement, please provide our agent with notice in accordance with the requirements of the Act, including (i) a description of the copyrighted work that has been infringed and the specific location on the Platform where such work is located; (ii) a description of the location of the original or an authorized copy of the copyrighted work; (iii) your address, telephone number and e-mail address; (iv) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; (v) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owners behalf; and (vi) an electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.

Electronic Communication and Signature

You consent to receive communications electronically from GoldVara. Specifically, you agree and consent to be contacted by us, our agents, employees, and affiliates through the use of email, instant messaging or live chat, and/or telephone calls and/or SMS/MMS text messages to your cellular, home or work numbers, as well as any other telephone number you have provided to us, including the use of automatic telephone dialing systems, autodialers, or an artificial or prerecorded voice. You may unsubscribe to our marketing emails at any time, however, you may not opt out of Transaction related emails. Telephone conversations with our employees, agents and independent contractors may be monitored and/or recorded.

If you have provided us an email address, you agree that any notices required by applicable federal or state law may be delivered electronically, to the extent permitted by law. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. For purposes of a Transaction, you agree that by clicking on or selecting a button or icon on our Website, relating to any agreement, quote request, shipping kit, acknowledgment, consent, terms, disclosures or these terms and conditions, such selection constitutes your signature, acceptance and agreement as if actually signed by you in writing.

Compliance with State and Federal Regulations

GoldVara is licensed in the State of New York and is governed by New York law. GoldVara follows laws that requires us to obtain, record and, under certain circumstances, verify certain personal information from you in order to process or engage in any Transaction with you. Such information includes your name, address, telephone number, email address, driver’s license number and issuing state or other government issued ID number, and a signed sworn statement made by you under penalty of perjury that you are of lawful age and that the driver’s license number or other government-issued identification number and other identifying information provided by you is true and correct and that you are the lawful owner of the Merchandise with absolute authority to sell the Merchandise.

GoldVara RESERVES THE RIGHT IN ITS SOLE DISCRETION AND WITHOUT PRIOR NOTICE TO TERMINATE A TRANSACTION. IF WE TERMINATE THE TRANSACTION, WE WILL SHIP YOUR MERCHANDISE BACK TO YOUR WITHIN 3 BUSINESS DAYS VIA THE SHIPPING METHOD OF OUR CHOICE.

In addition, we have an anti-money laundering compliance program under the USA PATRIOT Act and are required to report certain types of transactions to the IRS and/or the U.S. Department of Treasury. Such reporting obligations may include but are not limited to IRS Form 1099-B, Form 8300, or Suspicious Activity Reports. You may be asked for information to help us comply with our AML program and/or applicable reporting requirements and are required to do so in order to complete any Transaction.

We reserve the right to disclose your personally identifiable information upon request by a law enforcement and/or governmental agency, as required by law or when we believe that disclosure is necessary to protect our rights and/or to comply with a judicial proceeding, court order or legal process.

Auto dialed Calls and Text Messages

If you provide us with your mobile number, you agree that we may contact you using auto dialed or prerecorded message calls and text messages. The purpose of such calls or texts is to more efficiently provide notices regarding your Account or Transaction(s) with us. You may revoke your consent by contacting customer service at (866) 623-6805 or info@goldvara.com to change your account preferences.

MISCELLANEOUS

This Agreement is governed by the internal substantive laws of the State of New York, without respect to its conflict of laws provisions. You expressly agree: (i) to submit to the exclusive personal jurisdiction of the state and federal courts sitting in the State of New York; and (ii) that the Services shall be deemed passive do not give rise to personal jurisdiction over GoldVara, either specific or general, in jurisdictions other than New York.

YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE PLATFORM, THIS AGREEMENT, OR OUR SERVICES MUST COMMENCED BY YOU WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

If any provision of this Agreement is found to be invalid by any court having competent jurisdiction or terminated in accordance with the Termination provision above, the invalidity or termination of such provision shall not affect the validity of the following provisions of this Agreement, which shall remain in full force and effect: Intellectual Property, Communications to Us; User Submissions; and Publicity, No Warranties/Limitation of Liability, Indemnification, Termination of the Agreement, and Miscellaneous.

Our failure to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by us and you in writing, this Agreement constitutes the entire Agreement between you and us with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. This Agreement will insure to the benefit of our successors, assigns, licensees, and sublicensees.