Terms and Conditions
Monex Online Activity Agreement
Protecting your privacy is fundamental to the way Monex Deposit Company and Monex Credit Company (collectively, “Monex,” “we,” “us,” or “our”) and their affiliates conduct business. Although privacy regulations require companies to inform you of their practices regarding the collection and use of your personal information, keeping customer and employee information confidential has always been our policy. We have always known that privacy is important to you, and we are committed to safeguarding your personal information. This Privacy Statement explains how we may collect, use and disclose your personal information.
In the course of offering and providing our products and services, it is common for us to receive sensitive information from and about our customers, including financial and business information, some of which constitutes personal information. Generally speaking, personal information is any information that can be used, directly or indirectly, to identify, locate or contact someone. Types of personal information include names, physical addresses, mailing addresses, social security numbers, email addresses, phone numbers, bank account numbers and driver’s license numbers. Under certain circumstances, personal information may also include other information that can reasonably link to a particular person, such as internet protocol (IP) addresses, unique device identification numbers, employment information, medical information and internet activity.
HOW WE COLLECT PERSONAL INFORMATION
Typically, we receive personal information directly from our customers or their agents in the course of buying and selling goods and performing our services. We also collect personal information from prospects that contact us pursuant to our marketing efforts by telephone, mail or through our website (www.monex.com). Our web server collects information from visitors such as IP address, browser type and version, time zone setting, operating system and platform. If you contact us through our website, we will receive your name, email address and any comments included in your message.
Our website, like most websites, employs “cookies” and similar technologies. Cookies are small files that are stored on your computer or mobile device when you visit our website and allow us to recognize your browser and obtain information about your use of our website
HOW WE USE PERSONAL INFORMATION
We use the personal information we collect from you to fulfill the purpose for which you provide it. For example, you may provide us with personal information in order for us to sell and deliver precious metals to you. We may also use your personal information: (1) to provide you with information, products or services that you request from us; (2) to contact you by telephone, email and mail concerning your Monex accounts; (3) to provide you by telephone, email and mail with alerts, event registrations and other notices concerning our products or services, or events or news, that may be of interest to you; (4) to carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collections; (5) to improve our website and present its contents to you; (6) for testing, research, analysis and product development; and (7) for any other purpose with your consent.
DISCLOSURE OF PERSONAL INFORMATION
We may disclose personal information we collect from you: (1) to our affiliates; (2) to contractors, service providers, and other third parties we use to support our business; (3) to fulfill the purpose for which you provide it; (4) for any other purpose disclosed by us when you provide the information; (5) to comply with any court order, law or legal process, including responding to any government or regulatory request; (6) to carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collections; (7) if we believe disclosure is necessary or appropriate to protect the rights, property or safety of us, our clients or others; or (8) with your consent. We do not sell or otherwise share personal information with third parties.
We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access and disclosure. The use of, and access to, your personal information by us is restricted to employees and contractors who need to know that information to provide goods and services to you. We maintain physical, electronic and procedural safeguards to limit access to your nonpublic personal information.
Unfortunately, transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to us through our website or other electronic means. Any electronic transmission of personal information is at your own risk.
This Privacy Statement does not restrict our collection, use or disclosure of any aggregated information or information that does not identify, or cannot be reasonably linked to, any individual.
CHANGES TO OUR PRIVACY STATEMENT
We will post any changes we make to this Privacy Statement on our website. If we make material changes to how we treat personal information we collect from you, we will notify you by email or through a notice on our website homepage. The date this Privacy Statement was last revised is identified above. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting this Privacy Statement on our website to check for any changes.
By using the monex.com website, you allow us to collect and use your personal information as explained above.
Monex appreciates your business. If you have questions or comments about this Privacy Statement, please call us at 800-449-2727 or email us at firstname.lastname@example.org.
For other matters, please contact us by telephone at [phonenum], by email at email@example.com or by mail at: Monex Deposit Company, 4910 Birch Street, Newport Beach, CA 92660
YOUR CALIFORNIA PRIVACY RIGHTS
If you are a California resident, California law may provide you with additional rights regarding our use of your personal information. To learn more about your California privacy rights, visit our CCPA Privacy Notice.
- This Agreement is entered into between you and Monex Deposit Company (“MDC,” “Monex,” “we,” or “us”). You warrant that you have the right and legal capacity to enter into this Agreement and to adhere to its terms and conditions and that you are at least eighteen (18) years of age. The relationship between you and MDC is purchaser-seller. No other relationship, express or implied, exists.
- This Agreement applies to your use of MDC’s online website and your purchases of precious metals from MDC online. By using MDC’s online website, you agree to be bound by the terms and conditions of this Agreement. You also agree that you have read this Agreement and have consulted with your legal advisor, as necessary, to assure your understanding of its terms and conditions. You agree that all purchases from MDC are fully paid commercial cash transactions and that for all intents and purposes you have entered into this Agreement in Orange County, California. You should take special note of the arbitration section below and the applicable rights you are waiving.
- Website Ownership.For purposes of online transactions, you acknowledge and agree that Monex Deposit Company is the owner of this website, including all property rights in and to its content.
- Transactions Made in Good Faith. You affirm without reservation that all purchases you enter into with MDC online and all associated payments are made in good faith. You agree to provide MDC, upon request, certain personal information, including your full name, address, phone number, banking, and credit card information.
- Applicable Agreement. MDC reserves the right to prospectively change the terms of this Agreement, including but not limited to purchase order limits, forms of payment, and buy-backs. You agree to be bound by the terms and conditions of the Agreement in effect at the time of a purchase or a sell back order for all activity applicable to such order. You acknowledge that subsequent orders shall be governed by the terms and conditions in effect at the time each such order.
- Errors and Omissions. Monex does not represent or warrant that the website statements or its posted prices will be free of defects, omissions, or inaccuracies. You acknowledge that prices are updated routinely to reflect movements in the market and that Monex may mistakenly post prices that are in error or post a product or its quantity that is unavailable. In such an event, Monex has the right, in its discretion, to cancel any order, whether confirmed or not, that it believes to be erroneously priced or offered.
- Purchase Orders. When you buy from MDC, once it has issued an order confirmation number, you have a binding contract, the transaction price and applicable fees are locked in and market price risk is transferred to you. Following the placement of your online purchase order, MDC will send you an email confirming the acceptance of your order. You agree to immediately initiate the remittance to MDC of the full amount due. You must send required funds to MDC within 24 hours of the transaction so that MDC receives them within 2 business days, or such shorter period as MDC may require. Checks must be sent by overnight delivery and must have the courier’s label dated no later than the next business day. Your failure to timely remit the required payment shall constitute a default. Upon such default, MDC will be relieved of all its obligations under the transaction and may recover from you as liquidated damages the difference between the price agreed to by you and MDC’s prevailing online price of the given product at the time of default. Receipt and credit by MDC of your remitted funds after this 2-day period, or shorter period as MDC may require, shall not waive or limit MDC’s remedies for default. You shall not be entitled to any market gains on a transaction on which you have defaulted.
- Payments. Your payments to MDC may be made by cashier’s check drawn on a commercial U.S. bank, personal check, bank wire from a U.S. Bank, or acceptable credit card. You guarantee, without reservation, that all forms of payments you remit to MDC are made in good faith with legitimate U.S. dollars. One purchase order of up to $50,000 in value is permitted without funds being received on account, as long as a funds tracking number is provided by the customer. For credit card transactions, the maximum is $10,000 in value and no further orders may be placed until receipt of delivery is confirmed by the customer. MDC expressly reserves the right to refuse or cancel any online order for 10 business days following acceptance, regardless of payment method and price confirmation. Among other things, this includes the right to cancel orders when Customer’s payment is not dated within one business day of the order being accepted by MDC. MDC will deem your payments which are not bank wires as “hold funds” for purposes of delivery of commodities to you. MDC will continue to deem such payments as hold funds for 7 business days after it receives your payment. MDC may reduce the holding period on a check upon receipt of a written guarantee of payment.
- Shipping, Delivery, Insurance, and Responsibility. When the package containing your order is transferred to UPS or USPS (“the carrier”) for shipment to you, you will receive an email with a tracking number within 24 - 48 hours. Your package is fully insured by the carrier while in transit; however, once the package is shown to have been delivered by the carrier to the location used on your purchase order you become solely responsible for its security. Shipments of credit card purchases will be made only to the billing address for the purchaser’s credit card account.
You are responsible for being available to accept your package when it arrives. MDC does not accept responsibility if the carrier leaves the package without your acceptance, or without your signature, or with someone at your address other than you. This includes but is not limited to a building manager, neighbor, a business mailroom, drop-off location such as mailboxes, etc., post office (PO) boxes, the UPS Store, etc. MDC is not responsible for any shipment made to such facilities or with such arrangements. Additionally, if for any reason the carrier is unable to deliver your package and returns it to MDC, MDC is not responsible for any mishaps that may occur in transit. Additionally, MDC is not responsible for packages that are forwarded, signed for by apartment/complex building management, a business mailroom, the Military Postal Service, or any person(s) that is not the addressee listed on the order. In summary, MDC will not be responsible for any reason once your package is delivered to the location used on your purchase order. If for any reason the carrier returns your package to MDC, including your refusal to accept delivery, you may either pay to have it reshipped or sell the contents to MDC at the current sell-back price.
- Sell-back Order. All sell-back orders of precious metals to MDC are subject to market conditions and must be conducted by phone with an MDC account representative. You acknowledge that sell-back prices, when offered by MDC, will be lower than MDC’s current online purchase price. MDC reserves the right to suspend or discontinue the acceptance of sell-back orders.
- Lost Packages and Missing Content. All shipments of precious metals are fully insured by the carrier in transit only. A “Lost in Transit” is understood to be the tracking of your package that is not updated for at least two (2) days with UPS and five (5) days with USPS. In the unlikely event there is a tracking issue, you must contact MDC within 3 days of the last posted tracking date for UPS shipments, and within 7 days of the last posted tracking date for USPS shipments. Once you notify Monex, the case is researched with the carrier, and the claim process begins. Resolutions involving claims may take 30 days or longer to resolve with UPS shipments and possibly months with USPS shipments. You agree that if you subsequently receive the package, you must notify MDC on the day of receipt.
With regard to any issues or problems with a shipment that was reported delivered by the carrier for which you wish to file a claim, you MUST call your Account Representative within two (2) business days of the recorded delivery to commence an investigation, and also send a signed letter by certified mail to MDC’s legal department describing your claim within the same time period. You agree to cooperate fully with MDC and with state and federal law enforcement authorities involved in an investigation, which may include the filing of your claim with your local police department. You agree to provide MDC any information relative to the coverage of lost property you may have with a homeowner’s insurance company.
- Return Policy. You acknowledge that all online purchases are non-refundable. However, at your request, MDC may, without obligation, provide you with an opportunity to exchange a product for an identical product. If MDC agrees to do so, such exchange must be made within seven (7) days from the date on which you received the item to be exchanged and will apply only to a customer who timely and properly notifies MDC’s Customer Service Department by telephone at 800-949-4653, and who receive written confirmation that their exchange request has been approved. If approved, the Customer Service Department will give you instructions on how to exchange your items.
Shipping and handling charges are non-refundable. For approved exchanges, you must follow all instructions provided by the Customer Service Department, including carefully packaging the product. You are responsible for the cost of return shipping and the risk of loss during the return shipment as part of the exchange. MDC reserves the right, in its sole discretion, to reject any exchange that does not comply with these requirements. If an exchange is requested, MDC reserves the right to accept or refuse the exchange request in its sole discretion, and to require you to pay for any market loss on approved exchanges.
- One-Year Statute of Limitation. You agree that, regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to this Agreement must be filed within one (1) year after such claim or action arose, or be forever barred.
- Packaging Products for Shipment. MDC only uses facilities that specialize in the packaging of precious metals to ensure that your package contains the quantity of product specified in your purchase order. These packaging facilities utilize sophisticated camera recording systems to document the filling and sealing of each package. These recordings are used by insurance investigators and law enforcement authorities to support or deny a claim that your package did not contain the correct quantity or product you ordered.
15 Suspicious Activity. MDC may cancel or delay any shipment or recall from the carrier any package where fraud is suspected. The information captured may be used by MDC with law enforcement authorities if suspicious activity is detected.
- Taxes. You agree that you are solely responsible for paying all applicable taxes, duties, levies, or charges imposed by any governmental authority on your transactions with MDC.
- Notices. All communications shall be sent to MDC at 4910 Birch Street, Newport Beach, California 92660 and to you at the address provided by you for your account with MDC or such other address subsequently provided to MDC by you in writing. All communications given by MDC to you by mail shall be effective 48 hours after deposit in the U.S. Mail, postage prepaid, or upon receipt, whichever is earlier; if hand delivered when delivered to your address; if telephonic, at the time of such phone conversation of facsimile transmission; or if by email, on the day of transmission.
- Force Majeure. You agree that if MDC or its website are unable to provide the products and services to you covered by this Agreement due to force majeure, MDC will not be in breach of any obligations or duties to you under this Agreement. Force majeure means any event beyond the control of MDC or its website. MDC shall not be liable to you in contract, warranty, tort (including negligence) or any other form of liability for failing to perform its obligations under this Agreement as a result of a force majeure event.
- Electronic Recordation: Telephone Contacts. You agree that MDC may monitor and may electronically record all or any parts of conversations between you and MDC, its employees or agents. You further agree that MDC may call you on any telephone line provided by you in connection with your online MDC account and/or any telephone number you have used to call MDC.
- No Waiver; Reservation of Rights. No delay or failure by MDC in exercising any right or remedy shall operate or be construed as a waiver of that right or remedy. No partial exercise by MDC of any right or remedy shall preclude the further exercise of that right or remedy or the exercise of any other right or remedy. In the event you fail to comply with this Agreement, you expressly grant MDC the right to charge your credit card for any and all market losses incurred by MDC as a result of such noncompliance. All rights not expressly granted in this Agreement are reserved by MDC.
- Governing Law. Except as set forth elsewhere in this Agreement, this Agreement is entered into in accordance with and shall be governed by California law; provided that, if any California law shall dictate that the laws of another jurisdiction be applied in any proceeding, such California law shall be superseded by this paragraph and the remaining laws of California shall nonetheless be applied in such proceeding.
- Assignment. None of your rights or obligations under this Agreement may be assigned without MDC’s prior written consent. MDC may assign its rights and delegate its duties as to any of your online transactions
- Limitation on Liability; Market Risk. Investments in precious metals coins and bullion involve significant risk. Historically there have been periods of varying length during which prices of precious metals have moved adversely to customers’ interests. Market prices are volatile and unpredictable and may be affected by a wide variety of economic, market, business, political, regulatory, and social factors and natural events. It is impossible to forecast accurately how or to what extent these and other factors will affect prices.
Transactions in precious metals should only be made with discretionary funds. Before you choose to buy or sell, you must determine in your own mind your ability to understand the transaction and to meet all necessary financial commitments and deadlines. While MDC intends to maintain a commercial buy and sell market for precious metals products, there is no guarantee that it will continue to do so.
Neither MDC nor its representatives guarantee or promise future market movement of the prices of the precious metals products it buys or sells. Your account with MDC is self directed. This means that you are solely responsible for all transaction decisions. Any reliance upon recommendations or suggestions by MDC or its representatives in making your decision to enter into a transaction does not relieve you of your responsibility for that transaction or its outcome.
- Arbitration Agreement; Class Action Waiver; Waiver of Jury Trial.
- Claims, Disputes, and Controversies. You and MDC mutually agree that any dispute, claim, or controversy (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory) arising out of or relating to any transactions with MDC or use of MDC’s online website, or to the breach, termination, enforcement, interpretation, validity, enforceability, or alleged unconscionability of any part of this Agreement, including the determination of the scope or applicability of this Agreement to arbitrate (hereinafter “Claim” or “Claims”), shall be submitted to final and binding arbitration before a single arbitrator. This means that the parties agree to waive the right to a trial by judge or jury concerning all Claims. The place of arbitration will be Orange County, California. The arbitration shall be administered by JAMS, Inc. (“JAMS”) or ADR Services, Inc. (“ADR”), or their successors. This Agreement to arbitrate shall be subject to and governed by the Federal Arbitration Act. Any Claim will be decided by an arbitrator, rather than by a judge or jury, and an arbitration award will be final and binding on you and MDC, without any right of appeal. Judgment on the award rendered by the arbitrator shall be enforceable in any court of competent jurisdiction. As set out below, all arbitrations will be conducted on an individual basis, and there shall be no class or collective actions in arbitration.
- Additional Participants in this Agreement to Arbitrate. All partners of MDC and their officers and directors, and all employees, representatives, agents and affiliates of MDC, past, present or future, are beneficiaries of and participants in this arbitration agreement. They will have the same rights and obligations under this arbitration agreement as the parties to this Agreement, to the extent these agreement beneficiaries are named as respondents in any dispute, claim or controversy subject to or arising from this Agreement, or could have been so named.
- Arbitration Procedures. To begin arbitration of a Claim, either party may commence the arbitration process by filing a written demand for arbitration using a single arbitrator with JAMS or ADR in Orange County, California, with a copy to the other party(ies). The arbitration shall be governed by the rules and procedures of the chosen arbitration forum in effect on the date the arbitration is filed. If JAMS is chosen, those rules shall be JAMS Comprehensive Arbitration Rules and Procedures; if ADR is chosen, those rules shall be the ADR Arbitration Rules. (Those rules and procedures shall be referred to hereafter individually and collectively as the “Rules”). The Rules shall apply regardless of the amount of the claims or cross claims in the proceeding. Where there is a conflict or inconsistency between the Rules and the arbitration provisions of this Agreement, the latter shall apply. The arbitrator shall be a retired judge of either the California Superior Court or a United States District Court located in California. Discovery may be taken by the parties only in the manner prescribed by the Rules. The Rules may be found on JAMS’ and ADR’s Internet websites: www.jamsadr.com and www.adrservices.org, respectively. You can also obtain copies of the Rules and information concerning current administrative and arbitrator fees by calling JAMS at 800-352-5267 and ADR at 949-863-9800.
- Individual Claims Only. Claims may be submitted to arbitration on an individual basis only. Claims subject to this Agreement may not be joined or consolidated in arbitration with any Claim of any other person or be arbitrated on a class basis, in a representative capacity, on behalf of the general public, or on behalf of any other person, unless agreed to by both parties in writing. You acknowledge and agree that you are waiving any ability to join or consolidate your Claim in arbitration with the Claim of any other person and to bring any Claim on a class basis, in a representative capacity, on behalf of the general public, or on behalf of any other person. Further, unless both parties otherwise agree in writing, the arbitrator may not consolidate your Claim with that of any other person, and may award relief only in favor of your individual Claim. The arbitrator may not award relief for or against any other party, whether directly or indirectly.
- Arbitration Costs. You and MDC agree to share equally in all arbitration, organization, administrative, and arbitrator costs.
- Available Damages and Remedies. The parties agree that the damages available to any party shall be limited to any actual contract damages or tort damages proximately caused by and resulting from the other party’s alleged acts. This paragraph states the exclusive remedies available to the parties. In all matters, each party shall be responsible for his, her or its own attorneys’ fees.
- Voluntary Agreement. You acknowledge that your agreement to arbitrate is voluntary.
- Severability. In the event that an arbitrator determines that any provision of this Agreement is unenforceable, such provision shall be unenforceable and the remainder of this Agreement shall remain binding upon the parties as if such provision was not contained herein. If the provisions of this Agreement requiring arbitration of disputes are determined to be unenforceable, you and MDC agree and consent that any claims or disputes subject to this Agreement will be resolved in the federal or state courts in Orange County, California, as applicable, and you and MDC agree to submit to the personal jurisdiction and venue of such courts.