Legal
User Agreement
This User Agreement ("Agreement") sets out the terms and conditions under which you ("the Client") engage with Gold Australia (SA) Pty Ltd ("the Company"), trading as As Good As Gold. By accessing the Company's website, purchasing goods, or otherwise using any of the services provided by the Company, you agree to be bound by the terms of this Agreement. If you do not agree to these terms, you must refrain from using the Company's services.
The Company recommends that Clients read this Agreement carefully. Any queries should be directed to the Company prior to proceeding with any transaction.
1. Scope of Services
1.1 The Company operates as a retail dealer of physical precious metals, including gold, silver, and platinum bullion products.
1.2 Services offered by the Company include:
(a) The sale of investment-grade physical bullion (coins, bars, and rounds);
(b) Fulfilment via insured delivery or in-person collection;
(c) Referral to third-party secure storage providers (e.g., KWS Vaults);
(d) Discretionary buyback services;
(e) Pre-orders for out-of-stock products.
1.3 The Company does not provide financial, investment, taxation, or legal advice.
1.4 Definitions used throughout this Agreement:
- "Bullion" means physical investment-grade gold, silver, or platinum in the form of bars, coins, or rounds.
- "Business Day" means any day other than a Saturday, Sunday, or public holiday in South Australia.
- "Client" refers to any person or entity purchasing goods or services from the Company.
- "KWS Vaults" refers to the Company’s third-party storage provider.
- "Order Confirmation" means the written or electronic acknowledgement issued by the Company confirming the Client’s order has been accepted.
- "Pre-order" refers to an order placed for an item not currently in stock, to be fulfilled upon future availability, subject to estimated supply timeframes and full upfront payment.
- "Services" means all offerings by the Company, including bullion sales, delivery, referrals to storage providers, and buybacks.
- "Website" refers to the Company’s official online platform.
2. Eligibility to Use Services
2.1 To engage with the Company, you must:
(a) Be at least 18 years of age;
(b) Possess full legal capacity to enter into binding agreements;
(c) Not be subject to any economic or trade sanctions;
(d) Be acting on your own behalf, or have proper authority to act on behalf of another person or entity.
2.2 The Company reserves the right to reject, cancel, or refuse any transaction at its absolute discretion without the requirement to provide justification.
2.3 Services are available exclusively to Australian residents. The Company does not accept orders from overseas clients.
2.4 Clients must ensure that all information provided to the Company is true, accurate, and complete. The Company reserves the right to reject or terminate any transaction or account based on false or misleading information.
2.5 The Client must not use the Company’s services for any unlawful purpose, including money laundering, terrorism financing, or any other activity prohibited under Australian law.
3. Orders and Pricing
3.1 All prices are determined by live spot market data and are subject to fluctuation without notice. Prices displayed on the Website reflect current market-linked pricing but are indicative only until the order is confirmed.
3.2 Orders may be placed via the Company’s Website, by phone, or by email. Orders placed by phone or email are subject to the same pricing and confirmation requirements and are not final until written Order Confirmation is provided.
3.3 Once an order is confirmed at checkout or in writing by the Company, the price is deemed locked-in. The order becomes final and binding upon confirmation.
3.4 Cancellations or modifications are not permitted once an order has been locked in and confirmed.
3.5 If an order is cancelled after confirmation for any reason accepted by the Company, the Client may be liable for any market loss incurred by the Company as a result of the cancellation, in accordance with Section 11 (Market Loss Liability).
3.6 Orders placed in error by the Client, including incorrect product selection or quantity, are considered final once confirmed. The Company may, at its discretion, offer remedy options such as cancellation or reissue based on prevailing market conditions and availability, but is under no obligation to do so.
3.7 The Company reserves the right to place an order on hold or suspend its processing if required to complete compliance checks, including but not limited to identity verification, source of funds review, or any other obligation under applicable law or regulation. Orders may resume once all verification requirements are satisfied.
3.8 The Company reserves the right to cancel or amend any order in the event of pricing errors, system malfunctions, or product unavailability. If a pricing error has occurred, the Company will notify the Client promptly and offer the option to proceed at the corrected price or cancel the order without penalty.
3.9 If part of an order cannot be fulfilled due to product unavailability, the Company may, at its discretion, fulfil the available portion and either refund the balance or place the remainder on backorder. The Client will be notified of such adjustments in advance.
3.10 From time to time, the Company may offer products on a pre-order basis. Pre-orders are accepted subject to estimated availability dates, which may change without notice. Payment in full is required to lock in the price at the time of order confirmation. Fulfilment of pre-orders is dependent on supply from upstream providers. The Company will notify the Client of any significant delays and offer the option to maintain the pre-order or request a refund.
3.11 The Company aims to fulfil orders within five (5) to ten (10) business days following payment clearance and order confirmation. This timeframe is indicative only and not guaranteed. Fulfilment may be affected by factors such as product availability, market volatility, and operational or external delays. The Company will make reasonable efforts to notify Clients of any material changes to expected timeframes.
3.12 In the event of extreme market volatility, system disruptions, or force majeure events, the Company reserves the right to delay, suspend, or cancel order acceptance and/or fulfilment. In such cases, Clients will be informed of the suspension and given the option to proceed once trading resumes or cancel without penalty.
3.13 The Client acknowledges that precious metals pricing is volatile and accepts all associated risks. The Company is not responsible for any loss or gain resulting from market movement after an order is confirmed.
4. Payment Terms
4.1 Accepted methods of payment are:
(a) Bank transfer (cleared funds required prior to dispatch);
(b) Credit card (subject to a 2.5% higher rate);
(c) Cash (for in-person transactions only, subject to Threshold Transaction Reports for amounts of AUD $10,000 or more under AUSTRAC regulations).
4.2 All payments must be made in Australian Dollars (AUD), without deduction or offset.
4.3 Orders must be paid in full within two (2) business days unless otherwise specified. Failure to comply may result in cancellation and re-pricing at current market rates.
4.4 The Company reserves the right to withhold the release of any product until full payment has been received and verified, including any applicable identification requirements.
4.5 If payment is made but KYC documentation is not supplied where required, the Company reserves the right to cancel the transaction and refund the payment.
4.6 For large orders of AUD $100,000 or more, the Company may, at its discretion, require a non-refundable deposit of 10% of the total order value to lock in the pricing and confirm the order. This requirement will be communicated clearly to the Client prior to order confirmation.
4.7 In the event of overpayment, the Company will refund the excess amount to the original payment method or as otherwise agreed in writing with the Client.
4.8 If a payment attempt fails (e.g., declined card or unsuccessful bank transfer), the Client will be notified promptly via email and/or phone. The Company may allow a grace period for payment resolution before the order is cancelled.
4.9 If the Client is unable to remit the full payment in a single transaction due to daily banking transaction limits, the Company may, at its discretion, allow a grace period for the outstanding balance to be paid within a mutually agreed timeframe.
4.10 The Company reserves the right to reject or cancel any order where payment is not received in a timely or verifiable manner.
4.11 If any payment is dishonoured, reversed, or deemed fraudulent after processing, the Company reserves the right to cancel the order, reclaim delivered goods, and recover any associated losses or expenses from the Client.
5. Identification and Regulatory Compliance
5.1 The Company complies with the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth) and AUSTRAC regulations.
5.2 Identification requirements include, but are not limited to:
(a) All transactions over AUD $5,000;
(b) Cash transactions over AUD $10,000 (subject to Threshold Transaction Reports);
(c) Any transaction deemed high-risk or requiring additional verification.
5.3 The Company verifies identity using a combination of the following methods:
(a) In-person presentation of original identification at the Company’s offices;
(b) Scanned or photographed ID submitted electronically;
(c) Third-party digital ID verification services where applicable.
5.4 Clients may be required to provide additional documentation such as proof of address, bank statements, or source of funds information at the Company’s discretion.
5.5 Failure to comply with identification or verification requests may result in cancellation or delay of the transaction.
5.6 The Company reserves the right to refuse service or report suspicious activity as required by law.
5.7 Verification records are retained in secure electronic databases for a minimum of seven (7) years in accordance with AUSTRAC obligations and applicable privacy legislation, including the Privacy Act 1988 (Cth).
5.8 Client information collected for verification purposes will be used solely for compliance, transactional, and operational requirements, and will not be disclosed to third parties except as required by law or regulatory obligation.
6. Delivery and Collection
6.1 The Company offers insured delivery services throughout Australia using reputable, registered carriers.
6.2 Delivery times may vary based on payment clearance, product availability, courier performance, and other external factors. Any delivery timeframes provided are estimates only and not guaranteed.
6.3 For delivery orders, the Company aims to dispatch products within five (5) to ten (10) business days following payment clearance and order confirmation. Dispatch times are indicative only and subject to change without notice.
6.4 Upon dispatch, the Company will provide the Client with tracking information. At the time of delivery, the Client (or an authorised representative) must be present to sign for the parcel and may be required to present valid identification.
6.5 Alternatively, Clients may elect to collect their orders in person at designated office locations, strictly by prior appointment. A government-issued photo ID must be presented at the time of collection.
6.6 Clients are expected to collect their orders within seven (7) business days of being notified that their order is ready for pickup. Failure to do so may result in storage fees or cancellation of the order at the Company’s discretion.
6.7 Title and risk in the goods pass to the Client upon confirmed delivery (for delivery orders) or upon physical collection. Once title has passed, the Client assumes full responsibility for the goods, and the Company shall not be liable for loss, theft, or damage, except as required under Australian Consumer Law.
6.8 All delivery orders are insured by the Company up until the point of confirmed delivery. In the event of a missing, damaged, or tampered parcel prior to confirmed delivery, the Client must notify the Company within 48 hours of the last recorded tracking update. Claims lodged outside of this timeframe may not be accepted. Insurance does not cover loss after confirmed delivery or unauthorised acceptance by a third party.
6.9 If a parcel is returned to the Company due to failed delivery attempts or incorrect address details provided by the Client, redelivery costs will be borne by the Client.
7. Storage Services
7.1 The Company has entered into an ongoing custodial arrangement with its custodian partner, KWS Vaults, whereby KWS Vaults will store and manage Client holdings on behalf of the Company.
7.2 The storage service includes the secure holding of bullion, full inventory management, and coordination of Client-initiated sales or purchases executed through the Company.
7.3 Clients engaging storage services agree to pay a custodial fee, which covers storage costs and all related services provided by KWS Vaults.
7.4 All Client holdings remain fully allocated and individually accounted for within the facility.
7.5 The Company is responsible for managing the custodial relationship and ensuring Clients are provided with timely updates, documentation, and transaction confirmations related to their holdings.
7.6 Clients are encouraged to review the custodial agreement and request further information if they have questions about the service, terms, or security arrangements.
8. Returns and Refunds
8.1 Due to the volatile nature of precious metals pricing, all sales are considered final and non-refundable once an order has been confirmed and payment is received.
8.2 The Company will only accept returns in the event of an error on its part, such as dispatching the incorrect product. In such cases, the Client must notify the Company within 48 hours of receiving the goods to be eligible for a return or exchange.
8.3 To qualify for a return, the product must remain unused, in its original sealed packaging, and be returned in the same condition it was received. Items must be securely packaged and shipped back to the Company using a fully insured and trackable service.
8.4 The Client assumes responsibility for any return shipments until the goods are received and inspected by the Company. The Company is not liable for items lost or damaged in transit during return shipping.
8.5 Upon receipt and verification of the returned goods, the Company will determine whether the return is valid. At its sole discretion, the Company may issue a refund or provide a replacement product.
8.6 Refunds, if approved, will be processed using the original payment method unless otherwise agreed in writing. Any applicable shipping costs, insurance fees, or third-party charges may be deducted from the refund amount.
9. Buybacks
9.1 The Company may, at its discretion, offer to repurchase bullion from Clients. Such offers are not guaranteed and are subject to market conditions.
9.2 Buyback requests are evaluated on a quote-only basis and pricing is determined at the time of agreement.
9.3 The Company accepts bullion regardless of its original source; however, acceptance is subject to inspection, authenticity verification, and condition. Products that are damaged or improperly packaged may be refused or revalued.
9.4 Clients must supply valid identification in accordance with the Company’s standard KYC verification procedures and provide accurate payment details to receive funds. Payments may be made via bank transfer or cash (in person only). Cash payments of AUD $10,000 or more are subject to Threshold Transaction Reports in compliance with AUSTRAC regulations.
9.5 For all new client bank accounts, the Company will make an initial deposit of $1 and await confirmation from the Client that the funds have been received before proceeding with the full payment. Funds are ordinarily transferred within one business day of acceptance.
9.6 The Client is responsible for securely packaging and delivering bullion to the Company’s nominated location or office, either in person or via courier. The Company shall not be liable for any loss or damage in transit.
9.7 The Company will provide a written or electronic confirmation of acceptance and finalised buyback pricing once the inspection and verification process is complete.
9.8 If the bullion submitted does not meet acceptable quality or authenticity standards, the Company may offer a revised quote or return the items to the Client at the Client’s expense.
9.9 The Client acknowledges that market pricing is subject to change, and the final buyback value is determined at the time of quote acceptance, not at the time of initial inquiry or submission.
10. Investment Risk Disclosure
10.1 Investment in physical precious metals, including gold, silver, and platinum, carries inherent risks. The market value of bullion is influenced by global economic conditions, currency fluctuations, interest rates, geopolitical events, and changes in supply and demand. Prices can rise or fall rapidly and without warning.
10.2 The Client acknowledges that past performance of precious metals is not indicative of future results and should not be relied upon as a guarantee of returns.
10.3 All investment decisions are made at the Client’s own discretion and risk. The Company does not provide financial, legal, taxation, or investment advice and makes no representations regarding the suitability or profitability of precious metals for individual circumstances.
10.4 The Client is strongly encouraged to seek independent professional advice from a licensed financial adviser or tax professional before entering into any bullion purchase or sale.
10.5 The Company shall not be held liable for any direct, indirect, or consequential loss or damage incurred by the Client in connection with bullion transactions, including but not limited to price fluctuations, investment performance, or changes in regulatory treatment.
11. Market Loss Liability
11.1 Due to the volatile nature of precious metals pricing, once an order is confirmed and the price is locked in, any cancellation or failure to complete payment by the Client may result in a market loss.
11.2 In such cases, the Client agrees to bear full responsibility for any market loss incurred by the Company as a result of the cancellation or payment default.
11.3 The market loss is calculated as the difference between the locked-in price and the prevailing market value at the time of cancellation or default.
11.4 The Company reserves the right to deduct this amount from any refund due or pursue it as a recoverable debt.
12. Privacy
12.1 The Company handles personal information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles.
12.2 Personal data is collected solely for the purposes of compliance, service fulfilment, and communication.
12.3 Personal information may be shared with third-party providers (e.g., storage facilities, couriers) strictly for operational purposes.
12.4 Reasonable steps are taken to safeguard personal data from misuse or unauthorised disclosure.
12.5 Clients may opt in to receive marketing communications and may opt out at any time.
13. Intellectual Property and Website Use
13.1 All website content, including text, images, graphics, and code, is the property of the Company and is protected by intellectual property laws.
13.2 You may not reproduce, distribute, or use any content without express written permission from the Company.
13.3 The website must not be used for unlawful, fraudulent, or disruptive purposes.
13.4 The Client agrees not to use automated tools, bots, scripts, or data mining software to extract or replicate content from the Website.
13.5 The Company does not guarantee uninterrupted Website access or that the Website will be free of errors, viruses, or malicious code.
13.6 From time to time, the Company may restrict access to some parts of the Website for maintenance, upgrades, or other reasons without liability.
13.7 The Client agrees to maintain accurate account information and to accept communication via email as the primary form of contact.
13.8 The Company reserves the right to suspend or terminate access to its website or services for any misuse, abuse, or breach of this Agreement.
14. Dispute Resolution
14.1 The Company aims to resolve disputes amicably and encourages Clients to contact us to resolve any concerns.
14.2 If unresolved, disputes may be referred to confidential mediation conducted in South Australia.
14.3 This Agreement shall be governed by the laws of South Australia. The Client irrevocably submits to the exclusive jurisdiction of the courts of South Australia.
15. Limitation of Liability
15.1 The Company does not provide guarantees, authenticity certificates, or manufacturer warranties unless expressly stated.
15.2 Product images on the Website are for illustrative purposes only. Actual products may vary in design, packaging, or markings depending on the mint or manufacturer.
15.3 The Company shall not be held responsible for variations between image representations and the physical item received.
15.4 To the fullest extent permitted by law, the Company disclaims all liability for indirect, incidental, or consequential loss or damage.
15.5 Where liability cannot be excluded, the Company’s liability shall be limited, at its discretion, to the replacement of goods or refund of the purchase price.
15.6 The Client agrees that the Company shall not be liable for delays, investment losses, or damages arising from factors outside its reasonable control.
16. Third-Party Referrals and Disclaimers
16.1 The Company may refer Clients to third-party providers, including but not limited to storage facilities, SMSF specialists, and delivery carriers.
16.2 All such referrals are made in good faith. The Company does not guarantee the performance, reliability, or conduct of third-party providers and shall not be liable for any damages or losses arising from their services.
16.3 Clients enter into separate agreements with third-party providers at their own risk and are advised to review the relevant provider's terms, privacy policies, and dispute resolution mechanisms.
17. Force Majeure
17.1 The Company shall not be liable for failure or delay in performance due to circumstances beyond its control, including but not limited to acts of God, war, terrorism, natural disasters, government orders, or supply chain disruptions.
18. Amendments
18.1 The Company reserves the right to amend this Agreement at any time. Revised terms become effective upon publication on the Company's website.
18.2 Continued use of the Company's services following any changes constitutes acceptance of the amended Agreement.
19. Contact Information
For any enquiries regarding this Agreement or your transaction, please contact:
Gold Australia (SA) Pty Ltd
Phone: 1300 295 833
Email: hello@asgoodasgold.com.au
Website: www.asgoodasgold.com.au
Office Locations: Level 1, 161 Ward Street, North Adelaide SA 5006