Terms & Conditions.
Last updated:
1. About these terms
These terms govern your use of this website, operated by NIARA GROUP, IFZA Business Park, Dubai, United Arab Emirates. By using the website you accept them. Individual transactions are governed by their own signed agreements, which take precedence over anything on this website.
2. Definitions
“NIARA”, “we” and “us” mean NIARA GROUP and its offices. “Products” means alluvial gold doré bars, gold dust, gold flakes and any other commodity we offer. “Offer documents” means a quotation, sale and purchase agreement or invoice issued by us in writing.
3. Information on this website
The website describes our business, products and process in general terms. We take care to keep it accurate, but it is provided for information and does not form part of any contract. Purity figures shown are typical values; each consignment is assayed individually. See the Disclaimer.
4. No offer; how quotations work
Nothing on this website is an offer to sell. Prices and availability are confirmed only in writing by NIARA GROUP. An indicative quotation reflects market pricing at the time it is given and does not bind either party. A contract exists only when a sale and purchase agreement has been signed by both parties.
5. Business counterparties only
We trade with registered businesses and institutions. By submitting an enquiry you confirm that you act on behalf of a business, that you are authorised to do so, and that the information you provide is accurate.
6. Due diligence, sanctions and compliance
Every counterparty is screened before a contract is concluded. We may request identity and corporate documents, bank references and evidence of end use, and we may decline or suspend any transaction where screening raises a concern, where a party is subject to sanctions, or where the destination or use of the material would breach applicable law. We do not trade material of undocumented origin.
7. Assay, verification and delivery
Quality and quantity are determined by independent assay as stated in the contract, and the assayer’s report is final and binding on both parties save for manifest error. Delivery terms, insurance and the point at which title and risk transfer are as defined in the contract for that transaction.
8. Market risk
Gold is a volatile traded commodity. Prices move continuously and can fall as well as rise. Indicative prices are valid only at the moment given and are not a commitment to trade at that level. We accept no responsibility for market movements between an indication and a signed contract, for the performance or resale value of any material purchased, or for any commercial decision taken on the basis of information on this website.
9. Intellectual property
The NIARA GROUP name, logo, text, graphics and layout of this website belong to NIARA GROUP or its licensors. You may view and print pages for your own business use in evaluating our services; any other reproduction requires our written consent.
10. Acceptable use
You must not use the website or enquiry form to send unlawful, misleading or malicious content, to attempt unauthorised access, or to interfere with its operation. We may block access where we suspect misuse.
11. Third-party links
Links to other websites are provided for convenience. We do not control them and are not responsible for their content or their handling of your information.
12. No advisory relationship
NIARA GROUP acts as a principal or counterparty in commodity transactions. Nothing on this website, and nothing said by our staff in the course of an enquiry, creates an advisory, agency, fiduciary or partnership relationship between us and you, and none of it constitutes investment, legal, tax or accounting advice. You are responsible for your own commercial judgement and for taking your own professional advice.
13. Your own due diligence
You are expected to satisfy yourself, independently, as to the material, the counterparty, the documentation and the commercial terms of any transaction. Our procedures — independent assay, certificates of origin, export permits and chain-of-custody records — are provided to support that verification. They do not replace it, and reliance on them is not a substitute for your own checks.
14. Website provided “as is”
This website and its content are provided on an “as is” and “as available” basis. To the fullest extent permitted by law, NIARA GROUP makes no representations or warranties of any kind, express or implied, including implied warranties of merchantability, fitness for a particular purpose, accuracy, non-infringement, or that the site will be uninterrupted, timely, secure or error-free.
15. Limitation of liability
To the fullest extent permitted by applicable law:
- NIARA GROUP, its directors, officers, employees, agents and affiliates are not liable for any indirect, incidental, special, consequential, exemplary or punitive loss, or for loss of profit, revenue, business, opportunity, goodwill, anticipated savings or data, however arising and whether or not foreseeable;
- we are not liable for loss arising from movements in the price of gold or any other commodity, from your reliance on indicative pricing, or from any decision you take on the basis of information on this website;
- we are not liable for the acts, omissions, insolvency or default of third parties, including assayers, refiners, banks, insurers, carriers, security logistics providers, customs and government authorities;
- we are not liable for loss arising from unauthorised access to, interception of, or interference with communications, or from the fraudulent or impersonating conduct of third parties (see the fraud warning);
- our total aggregate liability arising out of or in connection with your use of this website, on any basis, is limited to CAD $100.
Liability in connection with an actual transaction is governed exclusively by the signed contract for that transaction, including any limitation or cap it contains.
Nothing in these terms excludes or limits liability for fraud, fraudulent misrepresentation, death or personal injury caused by negligence, or any other liability that cannot lawfully be excluded or limited. Where applicable law does not permit the exclusion or limitation of certain liabilities, our liability is limited to the minimum extent permitted by that law.
16. Force majeure
We are not liable for any failure or delay in performance caused by circumstances beyond our reasonable control, including acts of God, natural disasters, epidemic or pandemic, war, civil unrest, terrorism, strikes or labour disputes, mine closure or suspension, export bans, sanctions, changes in law or government action, failures of transport, banking or communications infrastructure, or cyber-attack.
17. Indemnity
You agree to indemnify and hold harmless NIARA GROUP, its directors, officers, employees and agents against any claim, loss, liability, cost or expense (including reasonable legal fees) arising from your breach of these terms, your misuse of this website, or your provision of inaccurate or misleading information to us.
18. Time limit for claims
To the extent permitted by law, any claim arising out of or relating to this website or these terms must be commenced within one (1) year after the cause of action arises, failing which it is permanently barred.
19. Privacy
Personal information is handled as described in our Privacy Policy.
20. General
These terms, together with the Privacy Policy, Cookie Policy and Disclaimer, are the entire agreement between you and us in relation to your use of this website. If any provision is held unenforceable, the remainder continues in force and the unenforceable provision is applied to the maximum extent permitted. A failure to enforce a provision is not a waiver of it. You may not assign your rights under these terms; we may assign ours to an affiliate or successor. We may update these terms at any time, and the version published when you use the website applies.
21. Governing law and jurisdiction
These website terms, and any dispute or claim arising out of or in connection with them or their subject matter (including non-contractual disputes), are governed by the laws of the Province of Alberta and the federal laws of Canada applicable in it. The courts of Alberta have exclusive jurisdiction, and you submit to that jurisdiction. The governing law of an individual transaction is set out in the contract for that transaction and may differ.
22. Contact
NIARA GROUP · sales@niaragroup.com · +971 54 328 5630