Privacy Policy: Darling Downs Bullion

Terms of Service & Privacy Policy: Darling Downs Bullion

Thank you for choosing Darling Downs Bullion as your trusted bullion dealer. These terms outline the terms of service for Darling Downs Bullion ("DDB", "we", "our", "us"). You will have the opportunity to review this Agreement during the initial account registration process and before you confirm each order.

Part A: Definitions and Interpretation

1. In these Terms of Service unless context otherwise requires:

  • Account: An account held by DDB on your behalf for facilitating transactions, products, or services.
  • ACL: The Australian Consumer Law Schedule of the Competition and Consumer Act (2010).
  • AML/CTF Act: The Anti-Money Laundering and Counter-Terrorism Financing Act (2006).
  • Authorised Agent: Any person properly authorised to give trading or funding instructions to DDB on your behalf.
  • Business Day: A day in which banks and foreign exchange markets are open for business in Brisbane/Toowoomba, Australia.
  • Contract: The contract evidenced by and created when we issue an invoice or purchase order.
  • PPSA: The Personal Property Securities Act (2010).
  • Precious Metal: Gold, Silver, Platinum, or Palladium.
  • Product: Precious Metals and any other products sold or purchased by us.
  • Pool Allocated / Premium / Secure Product: Refers to the specific storage and allocation models (share in a pool, unique bar identity, or standard quantity replacement) as managed by DDB.
  • Your Information: All available and relevant information about you/your entities, including identity documents required under Australian law.

Part B: General & Your Contract with Us

2. These Terms apply to all dealings between DDB and the client ("you") regardless of the service undertaken.
3. DDB will not be responsible for any loss or liability arising from or connected with any dealing with us.
4. Information on our website is for general purposes only and does not constitute financial advice.
5. Account Requirement: An Account must be established before we can Contract with you.
6. Binding Contract: You enter into a binding Contract at the time an invoice or purchase order is raised by us.
7. Payment: Terms are within one (1) Business Day from processing. Non-payment results in a default administrative fee of $300 + GST plus market loss coverage.
8. Title & Risk: Title passes to you when we receive Available Funds. Risk passes to you when DDB receives or delivers the Product as per the invoice instructions.

Part C: Warranties and Commitments

9. You warrant that all information provided is accurate and that you have the legal capacity to enter into this contract.
10. If acting as a trustee for a Superannuation Fund, you warrant the transaction is for the benefit of said fund.
11. Market Volatility: DDB reserves the right to suspend trading during times of high market volatility.
12. Security Interest: As security for the payment of Secured Moneys, you grant DDB a Security Interest (under the PPSA) in all Products held by DDB on your behalf.

Part D: Payment, Settlement, and Default

13. In the event of default:

  • You must pay the $300 + GST administrative fee.
  • You must indemnify DDB for all losses, including "market loss" (the difference between the invoiced price and the current buyback price at the time of default).
  • If an invoice remains outstanding for over 90 days, DDB may seize and dispose of Products held to satisfy the debt.

Part E: Storage and Vaulting

14. DDB offers in-house storage (allocated and unallocated).
15. Lien: DDB shall have a general lien on any bullion purchased or held for any charges or expenses due. If charges are unpaid, DDB may sell the bullion to recover costs.

Part F: Privacy and Authorities

16. Compliance: DDB is bound by the Privacy Act (1988) and the Australian Privacy Principles (APPs).
17. AML/CTF Obligations: We are legally required to verify your identity. You authorise us to:

  • Disclose your information to credit reporting or identity verification agencies.
  • Record conversations (telephone or in-person) for compliance and accuracy.
  • Report "Threshold Transactions" ($10,000+ cash) or "Suspicious Matters" to AUSTRAC as required by law.

18. Third-Party Payments: We reserve the right to delay delivery if a payment is made by a third party until the origin of funds is verified to our satisfaction.

Part G: Liability and Force Majeure

19. ACL Rights: Nothing in these terms restricts your rights under the Australian Consumer Law for statutory guarantees.
20. Force Majeure: DDB is not liable for failure to perform obligations due to events beyond our control, including government intervention, financial crisis, or failure of a storage partner.

Contact Us

For all inquiries regarding these Terms or your Privacy, please contact:
Darling Downs Bullion
sales@ddbull.au