Terms & Conditions — Bullion Holding

<strong>Terms & Conditions — Bullion Holding</strong>

Golden Ark Reserve is the trade name of Golden Ark General Trading (FZC) LLC (القوس الذهبي للتجارة العامة (شركة منطقة حرة)), established in Sohar Free Zone, Sultanate of Oman. Commercial Registration No. 1603777. Legal Entity Identifier (LEI): 98450040E688696D1C47.

Version: revised working draft — pending compliance, legal and tax review prior to publication. Effective date to be set on publication.

1. Scope of Services

These Terms and Conditions (“Terms”) govern the coordination and documentation of bullion holding arrangements by Golden Ark Reserve, operated under Golden Ark General Trading (FZC) LLC (القوس الذهبي للتجارة العامة (شركة منطقة حرة)), established in Sohar Free Zone, Sultanate of Oman (the “Operating Entity”).

The scope covered by these Terms includes:

  • (a) client onboarding gating and instruction validation, including AML/KYC and sanctions screening controls;
  • (b) coordination of allocation record creation and maintenance for client-held bullion identified by bar lists and serial numbers, and issuance of client-facing evidence outputs through agreed reporting channels;
  • (c) contractual payment confirmation steps associated with an instruction or transaction (the “payment confirmation / contractual payment leg”);
  • (d) coordination of client instructions for release, transfer, or delivery through licensed third-party operators, subject to applicable agreements, cut-off times, and operational conditions.

Physical vault handling, storage, and transport are performed by licensed third-party operators under their operating procedures and service terms.

2. Client Eligibility and Onboarding

Access under these Terms is reserved for qualified investors and corporate counterparties that complete onboarding.

Onboarding runs under Compliance Checks. These cover AML/KYC, sanctions screening, and beneficial ownership verification where applicable.

Throughout the relationship, the Client provides accurate and complete onboarding information and updates it whenever ownership, control, authorised signatories, domicile, or other risk-relevant attributes change.

Compliance discretion is reserved. Where applicable law, regulatory requests, or internal compliance controls require it, Golden Ark Reserve may seek additional documents or information, including source-of-funds and source-of-wealth detail.

Access to services follows two preconditions: onboarding acceptance issued through an approved channel, and a recorded Client mandate for authorised instructions.

Until validated, any Client Instruction submitted without a valid mandate or through a non-approved channel stands as unauthorised.

3. Allocation Records and Holding Status

Bullion held under these Terms remains client-held. Each holding is identified by bar lists and serial numbers, and Golden Ark Reserve maintains a corresponding Allocation Record through the agreed reporting channels.

An Allocation Record evidences the holding status of the specific bars allocated to the Client. Where available, it carries the refiner or manufacturer identifier, the bar serial numbers, and the fineness and weight attributes of each bar.

To confirm holding status, Golden Ark Reserve issues the Evidence Set for the Client, drawing as applicable on allocation statements, bar lists, instruction confirmations, and operator-issued records.

Following validated Client Instructions and the applicable third-party operator confirmations, Golden Ark Reserve creates and updates the Allocation Record. The client-facing record and the operator’s own confirmations remain distinct. Once the Evidence Set includes a confirmation issued through an approved Reporting Channel, the Allocation Record is effective for client-facing purposes.

Should Client-provided records and operator-issued records diverge, reconciliation of the Evidence Set and the instruction logs resolves the difference, and a corrective output then issues through the Reporting Channel.

4. Third-Party Operator Model

Bullion holding under these Terms is executed through licensed third-party operators that perform vault handling, storage, inventory movements, and transport under their facility rules, operating procedures, and service terms.

Brink’s acts as a licensed third-party Vault Operator and/or Carrier for vault handling, storage, and transport executed under its facility rules, operating procedures, and service terms, across its international vault and logistics network. Where a specific route is engaged for an instruction or holding state (for example, a Hong Kong vault route), the facility and carrier engaged for that route are identified in the applicable instruction record and Evidence Set. Golden Ark Reserve coordinates execution and maintains the allocation record set and client-facing evidence outputs.

Role allocation under the third-party operator model is defined as follows:

  • Golden Ark Reserve performs instruction intake, mandate checks, compliance gating, coordination of operator-facing requests, and issuance of the client-facing Evidence Set through the agreed Reporting Channel.
  • The Vault Operator performs physical acceptance, vault handling, storage, inventory control events, and release processing within the facility workflow.
  • The Carrier performs transport execution, handover events, and delivery movements under its chain-of-custody procedures.

Operator substitution and operational changes are executed through an updated instruction path and updated Evidence Set outputs when a different operator, facility, or carrier is engaged for a given instruction or holding state.

Facility access and physical interaction with the bullion are governed by the applicable Vault Operator access rules, including identification requirements, appointment and escort rules, and permissible access modes. Client-facing record access is delivered through the agreed Reporting Channel as Evidence Set outputs and does not constitute facility access rights.

Instruction processing under the third-party operator model is subject to cut-off times, operational windows, and validation gates that include: (i) mandate verification, (ii) compliance gating status, (iii) payment confirmation status where relevant, and (iv) operator acceptance of the requested action within its procedures.

Hold events may occur when an instruction triggers a compliance review, a lawful request, an operator control event, or a facility security workflow. Hold events are documented through the instruction log and reflected in the next issued Evidence Set output.

5. Client Instructions (Release, Transfer, Delivery)

Golden Ark Reserve accepts Client Instructions only through agreed channels and only from the authorised signatories recorded in the Client mandate. That mandate sets the authorised persons, the required signature format, the approval thresholds, and the instruction classes it permits.

Each instruction is validated against four things: the Client mandate, onboarding status, the current compliance gating status, and operational feasibility within the applicable third-party operator procedures.

Instruction classes covered by these Terms include:

  • allocation record request and confirmation;
  • reporting and Evidence Set requests;
  • release instruction for collection or onward movement;
  • transfer instruction between vault locations or operator accounts where supported;
  • delivery coordination instruction through a Carrier.

Every instruction passes through an instruction log that records its receipt time, the identity verification performed, the mandate check outcome, the compliance gating outcome, the operator-facing submission time where applicable, and the time the client-facing confirmation issued.

Finality differs by stage: acceptance is reached when Golden Ark Reserve issues an acceptance confirmation through the Reporting Channel, and execution is reached when the Evidence Set carries an execution confirmation based on third-party operator processing and, where applicable, documented handover events.

Cut-off times and operational windows govern execution, including banking cut-offs for payment confirmation steps and facility windows for vault handling events. Where an instruction depends on payment, it executes only after the relevant contractual payment leg is recorded as completed.

Golden Ark Reserve may decline or suspend an instruction that triggers a compliance review, lacks sufficient authorisation evidence, conflicts with a lawful request or with operator facility rules, or cannot be executed within the applicable operational conditions.

Cancellation and amendment follow the workflow stage. A cancellation request is itself a new Client Instruction, subject to mandate and compliance validation. An amendment is processed only before operator execution steps begin; once they have begun, a cancellation becomes an operational unwind request, subject to operator feasibility and to documented outcomes.

Where they can be issued through the engaged operator workflow, evidence outputs for release, transfer, or delivery instructions may include release orders, handover confirmations, chain-of-custody documents, and operator-issued acknowledgements.

Delivery coordination depends on input data sufficient for lawful transport — destination details, receiving party identification where applicable, and any import/export documentation the route requires; the Client supplies these details, which are treated as authoritative for routing, and the Client bears responsibility for their accuracy.

6. Reporting, Evidence Outputs, and Record Access

All client-facing reporting and Evidence Set outputs reach the Client through the Reporting Channel recorded for that Client. Such reporting covers the Allocation Records, the instruction acceptance and execution confirmations, and any supporting documents obtained from third-party operators for the relevant holding or movement event.

Depending on the event, an Evidence Set output can comprise Allocation Record and bar-list extracts that identify client-held bullion by serial number and attribute; instruction acceptance confirmations carrying timestamps and mandate validation status; execution confirmations that reflect operator processing milestones for release, transfer, or delivery coordination; and operator-issued records evidencing vault handling, release, and handover events where the engaged operator workflow makes them available.

Record access and facility access are not the same thing. Through the Reporting Channel, the Client receives document access and data access. Physical inspection and collection access, by contrast, fall under the applicable Vault Operator access rules and require the Client to complete operator identity checks and facility procedures.

Reporting frequency tracks the applicable client arrangement, and may combine periodic statements with event-driven statements issued on completion of a validated instruction. Delivery of that reporting remains subject to system availability, security controls, and the Reporting Channel’s maintenance windows.

Behind the client-facing outputs, Golden Ark Reserve keeps an instruction log recording instruction receipt, the mandate validation outcome, the compliance gating outcome, operator-facing submission milestones where applicable, and the client-facing evidence issuance milestones.

The Client, for its part, keeps secure control of the designated reporting endpoints, the authorised recipients, and the authentication credentials used to receive Evidence Set outputs; any change to recipients or Reporting Channel configuration is itself a Client Instruction and takes effect only after mandate validation.

When an inconsistency surfaces between client-facing outputs and operator-issued records, a controlled update process corrects it, and the resulting reconciliation event produces an updated Evidence Set output that identifies the corrected data points and the effective timestamp of the updated record.

7. Fees, Third-Party Charges, and Taxes

The applicable fee schedule, order form, written quotation, or other written commercial terms set the Fees payable under these Terms; these come into effect once accepted through an authorised channel.

Fee components cover three areas: onboarding and compliance processing fees where applicable; coordination and documentation fees for instruction handling and Evidence Set issuance; and periodic administration fees where applicable to the holding arrangement.

Where vault handling, storage, inventory movements, release processing, or transport is performed under a Vault Operator or Carrier workflow, third-party operator charges apply. These include operator fees, facility fees, handling fees, and transport charges assessed under the third party’s procedures and terms.

On the billing model, third-party charges may travel as pass-through costs, be billed at cost, or follow whatever the applicable commercial terms specify. Pre-funding may be required before an instruction is submitted into an operator workflow.

Under the Client’s commercial terms, the Operating Entity issues each invoice, specifying the applicable payment instructions, currency, and settlement deadlines for the contractual payment leg.

Before execution coordination can proceed, payment deadlines and cut-off times apply to each invoice and to each instruction that requires payment confirmation.

Across the relevant jurisdictions connected to the Client, the payment route, and any third-party operator action, applicable law determines tax treatment, duties, levies, and withholding requirements; the Client retains responsibility for tax compliance, declarations, reporting obligations, and tax residency determination.

On request, the Client provides tax identification details, tax residency details, and any required withholding documentation for invoicing, payment processing, or compliance checks.

Net of bank fees and intermediary charges arising in the payment route, amounts payable under these Terms are paid in accordance with the applicable commercial terms; an alternative allocation applies only where those terms define one.

Only when cleared funds are received in accordance with the payment instructions, and the contractual payment leg is recorded as completed, do those funds become operationally usable for the relevant invoice or instruction.

8. Pricing Information and Indicative Market Data

Price information on the Golden Ark Reserve website — the gold spot price page, charts, tickers, and related informational pages — is published for general information only. The spot price page shows an indicative OTC mid-market reference for gold (XAU) in US dollars per troy ounce, serving as a valuation benchmark.

That benchmark is not an executable price. Executable transaction pricing carries spreads, premiums, and other execution-specific components, and it exists only in an order form, written quotation, or other written commercial terms issued and accepted under Section 7 for a specific transaction at the time of execution; where a displayed level and a written quotation differ, the quotation governs.

Sourced from third-party market data, the published reference may be delayed, rounded, or aggregated, and at times interrupted or withdrawn; Golden Ark Reserve does not present it as real-time, complete, or error-free. It is neither an offer nor a solicitation, and it is not a recommendation, quotation, or binding price, so it creates no obligation on Golden Ark Reserve or the Operating Entity to transact at any displayed level.

Nor is the published reference investment, financial, tax, accounting, or legal advice, or any representation about future prices or market conditions; the no-advice and independent-advisor provisions of these Terms apply to it in full.

Website visitors receive this market data under these Terms and the website terms of use, for their own informational use, and may not redistribute, resell, scrape, or otherwise commercially exploit it without written permission.

To the maximum extent permitted by applicable law, neither Golden Ark Reserve nor the Operating Entity bears liability for loss arising from reliance on the indicative reference or from its delay, inaccuracy, interruption, or unavailability; the written quotation issued under Section 7 remains the only source of a price on which the Client may rely.

9. Compliance Controls and Instruction Holds

Compliance Checks apply at onboarding, through the life of the relationship, and to every Client Instruction. They cover AML/KYC, sanctions screening, beneficial ownership verification where applicable, and source-of-funds and source-of-wealth validation where applicable.

Monitoring continues as the relationship runs. Changes in the Client’s ownership, control, authorised signatories, jurisdictions, or payment routes feed back into that monitoring.

An instruction goes on hold whenever it meets one of three gates within the third-party operator workflow. The first is a compliance review gate, reached when risk indicators call for clarification, further documents, enhanced due diligence, or internal approval. The second is a lawful request gate, reached when a competent authority issues a request, order, or restriction touching the Client, the transaction, the payment route, or an operator action. The third is an operator control gate, reached when the engaged operator applies facility controls, security procedures, inventory controls, or release constraints under its own procedures.

A hold produces an instruction-log entry capturing the trigger category, the effective timestamp, and the remediation inputs required. Those inputs might be updated onboarding documents, additional identity or beneficial-ownership evidence, a transaction rationale, payment documentation, or whatever else the relevant gate demands; processing resumes only after they clear mandate and compliance validation. Where a hold or an expired operator cut-off blocks the original instruction, a replacement instruction may be required.

Competent authorities connected to tax, customs, sanctions, or financial-crime enforcement may issue information requests in any jurisdiction tied to the Client, the payment route, or a third-party operator action, and such requests are handled under the applicable law of that jurisdiction. The Client supplies accurate tax residency and entity-classification data when this is needed for invoicing, withholding assessment, or an authority response.

Contracting and invoicing under these Terms sit with the Operating Entity in Sohar Free Zone, Sultanate of Oman; operator actions in any jurisdiction where a facility or carrier is engaged are performed by that operator under its own licenses and procedures. Disclosure in answer to an authority stays within the limits the lawful request sets, and is recorded in the instruction log and the Evidence Set where disclosure is permitted.

A compliance hold stays in force until its gate is cleared, the instruction is replaced, or the instruction is closed with a documented outcome.

10. Risk Events, Insurance Evidence, and Claims Pathway

A risk event, for these Terms, is anything that affects the physical condition of the bullion, the ability to execute an instruction, or the integrity of the Allocation Record and Evidence Set.

Risk event categories include:

  • physical loss, damage, or theft within a third-party operator facility workflow;
  • inventory control discrepancies the Vault Operator identifies during reconciliation or release processing;
  • transport incidents during Carrier execution and handover;
  • legal or regulatory restriction events that limit movement, release, or reporting;
  • force majeure events affecting facility operations, transport, or the banking operations behind a payment confirmation leg.

Cover for physical risk events comes through the third-party operator’s insurance arrangements and any route-specific arrangement tied to the engaged workflow, on that policy’s terms and limits and subject to its exclusions and claims procedures. The Client sees insurance evidence only as part of the Evidence Set, and only where the workflow or the applicable commercial terms make it available; in practice that evidence runs to operator-issued confirmation of insured status for a holding or route, certificate extracts or confirmations referencing the insurance program, and incident reference numbers with operator incident reports. Golden Ark Reserve gathers and documents this material through the instruction log and the Evidence Set, but does not set policy terms, decide coverage, or adjudicate claims.

Reviewing that insurance evidence, and taking independent advice on coverage scope, exclusions, and any tax or reporting consequences of claim proceeds, remains the Client’s responsibility.

When a risk event occurs, the operational response opens a risk-event log entry with a timestamp and category, suspends the affected release, transfer, or delivery instructions until triage, reconciles against operator-issued records and the current Allocation Record, and — once a material impact is confirmed — issues a client-facing event notice through the Reporting Channel.

A discrepancy counts as material when it touches bar identifiers, serial numbers, weight attributes, or the holding status shown in client-facing outputs. Remediation then reconciles the Evidence Set against operator inventory records, issues a corrected Evidence Set output bearing an effective timestamp, and, where available, secures an operator-issued correction record in answer to an operator query.

A claims pathway opens when the engaged workflow confirms a physical loss or damage event and a claim route exists under the applicable insurance arrangements. Claims coordination then proceeds in sequence: first, the Client receives a client-facing incident notice and an initial Evidence Set packet identifying the event category and the affected records; next, Golden Ark Reserve requests operator incident documentation and route documentation applicable to the event; the Client then provides the claim-required inputs under its control, including ownership evidence, beneficiary details, and any authority-facing declarations required by applicable law; the claim submission follows through the applicable channel defined by the engaged operator workflow or the applicable commercial terms; and claim outcomes are recorded through Evidence Set outputs where documentation can be issued lawfully and operationally.

Valuation for incident reporting and claim coordination follows the mechanism set in the applicable commercial terms, the custody-related documents, and the insurance policy connected to the event. That mechanism includes any policy-defined valuation date, source, and settlement currency.

Execution stays suspended for the affected bars while a legal, operator, or claims hold applies within the operator workflow. A force majeure or regulatory restriction event produces an Evidence Set output recording the restriction category, effective date, and instruction impacts, where disclosure is permitted.

Whether any given confirmation, certificate, or incident record can be released depends on what the engaged operator workflow issues and on what may lawfully be disclosed.

11. Liability Allocation and Limits

These Terms allocate liability by function and by control over the operational step in question.

Golden Ark Reserve liability scope covers instruction intake, mandate validation, compliance gating, coordination of operator-facing requests, and the issuance of client-facing Evidence Set outputs through the Reporting Channel.

Third-party operator liability scope covers vault handling, storage, inventory control events, release processing in the facility workflow, transport execution, and chain-of-custody handover, all under operator procedures and service terms.

Each liability event is assessed at the control point that produced it, against the instruction log, the Evidence Set outputs, and operator-issued records where available.

Direct loss under these Terms means direct, documented loss from a proven failure of Golden Ark Reserve either to execute a validated instruction-workflow step within its control points or to issue an Evidence Set output consistent with validated instruction status and available operator records.

The liability cap for Golden Ark Reserve is the lesser of (a) the total Fees the Client paid the Operating Entity for the instruction or service period giving rise to the claim, or (b) any cap expressly stated in the applicable commercial terms.

Golden Ark Reserve’s liability excludes:

  • indirect or consequential loss, including lost profit, lost opportunity, and business interruption;
  • loss from third-party operator actions outside Golden Ark Reserve control points — facility rules, inventory workflows, access rules, and transport workflows;
  • loss traceable to banking-route events, intermediary-bank actions, currency-conversion spreads, or payment delays outside those control points;
  • reliance on indicative price information or other published market data, and any delay, inaccuracy, interruption, or unavailability of it;
  • Client-provided data errors, including beneficiary details, delivery details, addresses, and import/export documentation.

Responsibility for the accuracy of all Client-provided execution data — destination, recipient identity where applicable, and the documentary inputs transport or customs processing needs — rests with the Client.

Tax determinations, declarations, filings, and authority-facing positions stay with the Client and its advisors, while Golden Ark Reserve’s evidence outputs support recordkeeping and instruction traceability and carry no tax advice or tax determination.

On indemnity, the Client covers the Operating Entity on two fronts: for loss and cost from incorrect, incomplete, or unauthorised instructions sent through the agreed channels or from Client-controlled mandate-configuration errors; and for loss and cost from unlawful use of the services, sanctions breaches, or any misrepresentation of beneficial ownership, source-of-funds, or tax-residency data.

A claim begins with a notice through an agreed channel, stating the instruction reference, the alleged failure point, and the claimed loss category, and carrying evidence enough to reconcile the claim against the instruction log and the Evidence Set. Golden Ark Reserve answers in writing, identifying the assessed control point, the records reviewed, and the remediation or dispute pathway that applies.

Where a corrective output resolves the impact — a re-issued Evidence Set output, a replacement instruction, or a reconciliation output with an effective timestamp — that remediation comes before any monetary compensation.

Time limits depend on the claim. A claim about reporting outputs or instruction handling is brought within the window in the Client’s commercial terms or, absent one, within a reasonable period after the Client receives the relevant Evidence Set output; a claim about operator-handled physical events follows the operator’s claims windows and evidence requirements for the engaged workflow and insurance pathway.

Every assessment, response, and remediation under this Section is recorded against the instruction log and the Evidence Set.

12. Confidentiality and Data Handling

Confidential Information here means any non-public information about the Client, the Client Instructions, the Allocation Records, the Evidence Set outputs, pricing or Fees, payment details, onboarding materials, and the compliance documentation exchanged under these Terms.

On its side, Golden Ark Reserve protects that information through access limitation, secure storage, and controlled delivery over the Reporting Channel. On the Client’s side, control of the Reporting Channel endpoints, the authorised recipients, and the authentication credentials sits with the Client.

Confidential Information may be disclosed only:

  • to the Client’s authorised recipients recorded under the mandate and Reporting Channel configuration;
  • to licensed third-party operators engaged for a specific instruction or holding workflow, limited to the data that step requires;
  • where applicable law, regulation, a court order, or a competent authority requires it;
  • to a party’s professional advisors, auditors, and insurers, for compliance, audit, insurance, or dispute handling, under confidentiality obligations.

Data passed to third-party operators stays limited to the instruction-execution data and identity data their facility and transport rules require.

For a retention period fixed by applicable law and internal compliance controls, Golden Ark Reserve keeps instruction logs, compliance gating outcomes, and Evidence Set outputs, alongside onboarding materials, payment confirmation evidence, and operator-facing submission records. Deletion and data minimisation happen only as far as law, those retention obligations, and any lawful-request constraints allow.

Where a competent authority with jurisdiction over the Client, the payment route, or an operator action requires it, transaction- and tax-related data may have to be disclosed, and disclosure goes no further than the lawful request demands. A controlled workflow handles each such request: validity is verified, scope is held to what must be disclosed, the disclosure is logged, and the Client is notified where notification is permitted.

Cross-border transfer can arise where a Reporting Channel endpoint, an operator workflow, or an authority request moves data across jurisdictions; it runs under applicable law and under security controls that include encryption in transit where the Reporting Channel supports it, plus access control over retained records.

The Client remains responsible for its own tax classification, tax-residency determination, and authority-facing positions tied to any record or payment route under these Terms — though any disclosure Golden Ark Reserve makes stays bounded by the lawful request that prompted it.

13. Term, Termination, and Exit Procedures

From the effective date stated on this page, these Terms apply; for any given Client, they apply from the date that Client is accepted through onboarding and a mandate is recorded.

So long as the Client maintains an accepted onboarding status and any client-held bullion remains recorded under the applicable Allocation Record, the holding arrangement under these Terms continues.

Where a compliance hold, a lawful request, or a third-party operator control gate prevents execution of instructions, Golden Ark Reserve may suspend services under these Terms for the Client.

Either party may initiate termination by written notice submitted through an agreed channel.

Termination does not automatically release or move bullion. Instead, it triggers an exit workflow that requires Client Instructions for release, transfer, or delivery coordination.

The exit workflow proceeds in four steps. First, the Client submits an exit instruction identifying the intended exit method — release for collection, transfer to another operator where supported, or delivery coordination to a destination. Second, Golden Ark Reserve validates that instruction against the Client mandate, onboarding status, compliance gating status, and payment confirmation status where applicable. Third, Golden Ark Reserve coordinates the operator-facing exit processing under the engaged operator procedures and operational windows. Fourth, Golden Ark Reserve issues an exit Evidence Set output that includes the operator processing confirmation milestones where available.

Throughout exit processing, the engaged operator’s facility rules and access rules govern, alongside appointment and identification requirements, cut-off times, and any outstanding operator fees or facility charges connected to the bars.

Depending on the route, exit instructions may need additional Client-controlled documentary inputs — receiving party identification, destination address details, and any import/export documentation the route requires.

Before submitting an exit instruction into an operator workflow, Golden Ark Reserve may require settlement of outstanding Fees and pass-through third-party charges.

Partial exit is available where the instruction identifies specific bars by serial number or a subset of bars in a bar list extract, and the operator workflow supports partial release processing.

Bulk exit is available where the instruction identifies a bar list reference and the operator workflow supports bulk processing under the applicable operational windows.

Delay or suspension can follow where a compliance hold, a lawful request, an operator control gate, or a force majeure event affecting facility operations or transport execution intervenes.

On completion of the exit workflow for all client-held bullion, Golden Ark Reserve issues a closure confirmation through the Reporting Channel, identifying the closure effective date and the final Evidence Set output reference.

After termination, record retention continues for the period required by applicable law and compliance controls, covering onboarding materials and instruction logs.

Termination does not affect accrued payment obligations, liability allocations, confidentiality obligations, and dispute resolution obligations that survive termination.

14. Governing Law and Dispute Resolution

Omani law governs these Terms.

The contracting counterparty under these Terms is the Operating Entity in Sohar Free Zone, Sultanate of Oman, which issues invoices and contractual payment obligations in accordance with the Client’s commercial terms.

Each engaged licensed operator performs the third-party operator actions connected to bullion holding, vault handling, and transport execution under its own facility rules, operating procedures, and service terms.

For these Terms, a dispute means any disagreement over the interpretation of these Terms, the handling and coordination of instructions, Evidence Set outputs, Fees and payment obligations, or liability allocation under these Terms.

Disputes proceed in three stages. First, the disputing party serves written notice through an agreed channel, including the instruction reference, the disputed issue category, and supporting documents. The parties then enter a negotiation period to resolve the matter through clarification, reconciliation outputs, or corrective Evidence Set issuance where applicable. Where negotiation does not resolve the dispute within the time window stated in the Client’s commercial terms or, absent one, within a reasonable period, the matter escalates to formal dispute resolution.

Formal dispute resolution takes place in Oman. The choice between arbitration and court proceedings follows the applicable commercial terms agreed with the Client.

Where arbitration applies, a recognised arbitration institution in Oman administers it under Omani law and under the arbitration rules specified in the applicable commercial terms.

To preserve records, comply with lawful requests, or prevent irreversible operational impacts connected to a release, transfer, or delivery instruction, a party may seek interim relief and urgent measures.

By default, legal and advisory costs sit with each party, unless a binding award or court decision allocates them differently under applicable law.

Compliance holds and lawful request holds that apply to a Client or to specific bars under the engaged operator workflow are not suspended by dispute resolution.

A dispute outcome takes form as a written decision, award, or settlement record. Where lawful and operationally permitted, it is also referenced in the instruction log and the Evidence Set, and once issued it binds the parties under applicable law.

Under these Terms, a notice means any formal communication relating to onboarding status, instruction acceptance, instruction execution confirmation, compliance holds, fee invoices, termination, or dispute initiation.

Delivery runs through the Reporting Channel or through any other agreed channel recorded for the Client; receipt is established when the notice is issued to the authorised recipients recorded under the Client mandate.

Keeping authorised recipients, email addresses, portal accounts, and other Reporting Channel endpoints current — and keeping access to the authentication credentials used to receive notices — rests with the Client.

Any change to authorised recipients or Reporting Channel endpoints takes effect only after mandate validation and confirmation through an approved channel.

A waiver is effective only in writing, signed by an authorised representative of the Operating Entity.

On assignment, the Client may assign rights or obligations under these Terms only with written consent issued by the Operating Entity through an authorised channel; the Operating Entity may assign where doing so does not reduce the Client’s rights to receive Evidence Set outputs for existing instructions, does not change the governing law stated in these Terms, and notice is issued through the Reporting Channel.

If any provision of these Terms is held invalid or unenforceable under applicable law, the remaining provisions remain in force to the maximum extent permitted.

Together with the Client’s accepted commercial terms, fee schedule, and any instruction mandate documents recorded for the Client, these Terms form the full contractual framework for services covered by these Terms.

Where documents conflict, the order of precedence is:

  1. a signed or explicitly accepted order form or commercial terms issued for the Client;
  2. the Client mandate and instruction authorisation documents;
  3. these Terms as published on the website for the effective date;
  4. operational notices and reporting outputs issued under an instruction log.

Where an event outside a party’s reasonable control restricts facility operations, transport execution, banking operations, or the lawful performance of instruction coordination steps, force majeure applies; covered events include regulatory interventions, facility closures, transport restrictions, and system outages affecting Reporting Channels.

On a force majeure event, an operational notice issues through the Reporting Channel identifying the event category, the affected instruction classes, and the expected operational impact where disclosure is feasible.

These Terms create no partnership, agency, or fiduciary relationship between the parties; Golden Ark Reserve performs only execution coordination and documentation, and third-party operators perform physical vault handling and transport under their own service terms and procedures.

16. No Advice, Reliance, and Independent Advisors

Golden Ark Reserve issues Evidence Set outputs for operational recordkeeping, instruction traceability, and compliance support.

These outputs act as transaction and holding records and support documentation and verification within the holding arrangement. They are not advice.

For legal, tax, accounting, and regulatory determinations connected to the Client’s holdings, payments, instructions, and reporting obligations, the Client carries the responsibility.

For legal, tax, accounting, regulatory, and jurisdiction-specific matters connected to the Client’s activities under these Terms, the Client obtains independent professional advice.

Where the Client relies on operational information provided under these Terms, it does so within its own governance, approvals, and advisor review process.

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