Export Compliance
Every product that Bimba Gold Mining Group Ltd sells is subject to all Cameroon export laws. Additionally, no products may be exported or re-exported to anyone on the Uganda Treasury Department’s list of Specially designated Nationals or the Uganda Commerce Department’s Table of Denial Orders.

Anti-money Laundering
Bimba Gold Mining Group Ltd maintains a stringent Anti-money Laundering Program (available by hyperlink), which is strictly observed. By agreeing to our Terms & Conditions, customers also agree to Bimba Gold Mining Group Ltd’s Anti-money Laundering policies.

Termination
Bimba Gold Mining Group Ltd may terminate this User Agreement, with or without cause, at any time by written notice to you. The termination of this User Agreement shall not affect the rights and the obligations of Bimba Gold Mining Group Ltd and you with respect to the period prior to the termination.

Default; Rights and Remedies
Upon any failure by you to comply with your obligations to Bimba Gold Mining Group Ltd, Bimba Gold Mining Group Ltd shall have all of the rights and the remedies available to Bimba Gold Mining Group Ltd, whether at law, in equity or otherwise, including, without limitation, rights and remedies under this User Agreement. Without limiting its rights and its remedies, Bimba Gold Mining Group Ltd may turn your account over to a collection agency or a lawyer for collection. No delay or failure on the part of Bimba Gold Mining Group Ltd in exercising any right or any remedy shall operate as a waiver of that right or that remedy and no single or partial exercise by Bimba Gold Mining Group Ltd of any right or any remedy shall preclude other or further exercise of that right or that remedy or the exercise of any other right or any other remedy.

In addition to the other rights and the other remedies available to Bimba Gold Mining Group Ltd, in the event of any failure by you to comply with this User Agreement, Bimba Gold Mining Group Ltd may assess a penalty including, without limitation, (i) any and all market losses incurred by Bimba Gold Mining Group Ltdand (ii) any and all cancellation fees for accepting your orders to either buy from or sell to us as a result of price and market fluctuations for which you did not fulfill. You expressly authorize Bimba Gold Mining Group Ltd to collect all of such amounts.

Our “Market Loss Policy”

When purchasing from Bimba Gold Mining Group Ltd, once we have issued a confirmation number, the price is locked in for you (firmly fixed) and the transaction may not be cancelled, but only offset at our current ask price. Any deficit between the price at which we sold to you and the offsetting purchase price and/or prices, is your responsibility only if your item(s) is cancelled. That amount will be charged to you, plus a $350.00 cancellation fee. That is our Market Loss Policy. Any market gain on cancellations shall remain the property of Bimba Gold Mining Group Ltd.

In addition to the other rights and remedies available to Bimba Gold Mining Group Ltd, in the event of any failure by you to comply with this User Agreement, Bimba Gold Mining Group Ltdmay, without limiting its other rights and its other remedies, suspend or terminate your account. The suspension or the termination of your account shall not affect your obligations under this User Agreement and the Policy and Procedures.

In addition to the other rights and remedies available to Bimba Gold Mining Group Ltd, Bimba Gold Mining Group Ltdmay, without limiting its other rights and remedies, apply any of your funds in its possession to pay your monetary obligations to Bimba Gold Mining Group Ltdand may offset any monetary obligations that Bimba Gold Mining Group Ltdhas to you against your monetary obligations to Bimba Gold Mining Group Ltd. Bimba Gold Mining Group Ltd, at its discretion, apply funds in its possession, including, without limitation, amounts paid by you for other purchases or amounts payable by you for sales, to your obligations to Bimba Gold Mining Group Ltdin such manner as Bimba Gold Mining Group Ltddetermines to be appropriate.

Assignment
You may not assign this User Agreement or any of your rights or your obligations under this User Agreement without the prior written consent of Bimba Gold Mining Group Ltd, which may be granted or withheld by Bimba Gold Mining Group Ltdin its sole discretion. This User Agreement shall be binding on all permitted assigns and successors of Bimba Gold Mining Group Ltdand you.

Costs and Expenses of Collection
In the event that Bimba Gold Mining Group Ltdmust take any action against you to enforce your obligations under this User Agreement, including, without limitation, turning your account over to a collection agency or a lawyer for collection, you shall pay all of the costs and the expenses incurred by Bimba Gold Mining Group Ltd, including, without limitation, reasonable attorneys’ fees, in connection with such action.

Dispute Resolution
It is the common goal of Bimba Gold Mining Group Ltdand you that any disagreement or dispute between Bimba Gold Mining Group Ltdand you be resolved expeditiously. Bimba Gold Mining Group Ltdand you agree that all disagreements and disputes between Bimba Gold Mining Group Ltdand you be resolved in accordance with the following paragraphs:

Governing Law

Waiver of Jury Trial; Arbitration. BOTH Bimba Gold Mining Group LtdAND YOU HEREBY WAIVE ITS RIGHT TO TRIAL BY JURY IN CONNECTION WITH ANY DISAGREEMENT OR DISPUTE RESULTING FROM, OR IN CONNECTION, THIS USER AGREEMENT AND THE TRANSACTIONS UNDER THIS USER AGREEMENT. Both Bimba Gold Mining Group Ltdand you also waive any arbitration requirements to which they might otherwise be subject.

Force Majeure
If Bimba Gold Mining Group Ltdcannot perform any obligation hereunder as a result of any event that is beyond its control, Bimba Gold Mining Group Ltd’s delay or failure to perform such obligation shall be excused and Bimba Gold Mining Group Ltdshall not be liable for any damages as a result of, or in connection with, such delay or such failure.

Further Assurances
You shall execute and deliver such other documents and take such other actions as may be reasonably requested by Bimba Gold Mining Group Ltdto carry out this User Agreement.

 

Recording of Phone Conversations
Bimba Gold Mining Group Ltdmay record phone conversations between Bimba Gold Mining Group Ltdand you strictly for the purposes of order accuracy. You consent to the recording of such phone conversations.

Absence of Waivers
A decision or a failure by Bimba Gold Mining Group Ltdto take action with respect to any non-compliance with this User Agreement does not affect the ability of Bimba Gold Mining Group Ltdwith respect to any other non-compliance with this User Agreement, whether of a similar or dissimilar nature.

Section Headings
The section headings are included for ease of reference and do not affect the interpretation or the scope of this User Agreement.

Severability
This User Agreement is intended to be enforceable to the fullest extent permitted by applicable law. If any term of this User Agreement is held to be unenforceable for any reason, such unenforceability shall not affect the other terms of this User Agreement and the term that would otherwise be unenforceable shall be enforced to the fullest extent that it would be enforceable.

Amendment
Bimba Gold Mining Group Ltdmay amend this User Agreement at any time by posting the amended terms on the website. Except as otherwise provided in the User Agreement, the amended terms will become automatically effective 30 days after their initial posting on the website.

Except as set forth herein, this User Agreement may not be amended except by written agreement between Bimba Gold Mining Group Ltdand you.

Entire Agreement

This User Agreement sets forth the entire understanding between Bimba Gold Mining Group Ltdand you with respect to the subject matter of this User Agreement.

If you have any questions with respect to this User Agreement or your rights and your obligations under this User Agreement, contact Bimba Gold Mining Group Ltdat +2764 242 7932