Terms of Service for Sound Metal Distribution Inc.

Last Updated: 12/04/2023

1. Introduction

Welcome to Sound Metal Distribution Inc dba “Gold ATM”. We provide custom kiosks (“ATMs” and/or “Gold ATMs”) for the dispensing of physical gold in exchange for cash. By using our services, you agree to comply with and be bound by the following terms and conditions.

2. Services

  • Gold Dispensing: Our ATMs allow for the exchange of cash for Gold. The denominations and designs of Gold are subject to availability and our discretion.
  • Account Requirement: To use our ATMs, you must create an account and provide personal information as outlined in our Privacy Policy.
  • Transaction Limits: We reserve the right to impose limits on the amount of gold that can be purchased and to refuse service to any customer at our discretion.


3. User Registration

  • Eligibility: You must be a U.S. citizen and at least 18 years old or have consent from a legal guardian.
  • Required Information: During registration, you must provide a phone number, first and last name, residential address, date of birth, and photo ID. These requirements may change from time to time at our sole discretion.


4. Payment and Transactions

  • Payment Methods: Currently, we accept cash only. Future methods may include debit and credit cards.
  • No Change: Transactions are final once cash is inserted into the machine. No change will be provided. The machine does not give any change. We round to the nearest gold unit being dispensed based on the exchange rate at the machine during the time of the transaction.


5. User Rights and Responsibilities

  • Information Requests: You must comply with all requests for additional information.
  • Discrepancy Reporting: Report any transaction discrepancies or issues within 72 hours via email to support@goldatm.com.


6. Refund Policy

  • Refund Requests: Refunds are available within 72 hours of the transaction. Email support@goldatm.com to initiate the refund process.
  • Refund Procedure: You must return the Gold to us before a refund is issued.


7. Data Collection and Usage

  • Collection of Information: We collect personal information as part of our operation and to comply with legal obligations.
  • Use of Information: Collected data is used for legal compliance and internal marketing.


8. Legal Compliance

  • Regulatory Adherence: We operate in compliance with relevant financial and gold trading regulations.
  • Privacy Law Compliance: We adhere to local and international privacy laws as applicable.


9. Dispute Resolution and Arbitration

  • 9.1 Dispute Resolution For any disputes, concerns, or complaints regarding our services, please contact us initially at support@goldatm.com or call us at 1-833-420-4653. We aim to resolve any issues promptly and amicably.
  • 9.2 Arbitration Agreement Mandatory Arbitration: You agree that any dispute, claim, or controversy arising out of or relating to your use of our services, these Terms of Service, or the breach, termination, enforcement, interpretation, or validity thereof, shall be resolved exclusively through final and binding arbitration, rather than in court.
  • Arbitration Rules: The arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s Consumer Arbitration Rules (as applicable), as modified by this arbitration agreement.
  • Arbitration Location: Unless you and Sound Metal Distribution Inc. agree otherwise, the arbitration will be conducted in Miami-Dade County, Florida.
  • Arbitrator’s Decision: The arbitrator’s decision will be final and binding on all parties. The arbitrator shall have authority to award temporary, interim, or permanent injunctive relief or relief providing for specific performance, but only to the extent necessary to provide relief warranted by the claimant’s individual claim.
  • 9.3 Waiver of Jury Trial YOU HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You are instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement.
  • 9.4 Jurisdiction Governing Law: These Terms of Service and any dispute or claim arising out of, or related to them, shall be governed by and construed in accordance with the internal laws of the State of Florida without giving effect to any choice or conflict of law provision or rule.
  • Jurisdiction for Legal Actions: Any legal actions against Sound Metal Distribution Inc. that are not subject to arbitration, and are permissible under this Terms of Service, shall be initiated exclusively in the state or federal courts located in Miami-Dade County, Florida.


10. Communication Preferences and Consent

  • 10.1 Electronic Communications By creating an account with Sound Metal Distribution Inc. and using our services, you consent to receive electronic communications from us, such as emails and SMS text messages, about your account and our services.
  • 10.2 SMS Texting Opt-in for SMS Messages: You authorize us to send SMS messages to the mobile phone number provided during account registration.
  • Standard Rates Apply: Standard message and data rates may apply.
  • Opt-out Option: You can opt-out of SMS messages at any time by replying “STOP” or contacting support@goldatm.com.
  • 10.3 Email Communications
  • Subscription to Emails: You may be automatically subscribed to receive emails from us.
    Opt-out of Emails: You can unsubscribe from promotional emails by following the instructions in the emails.
  • 10.4 Changes to Contact Information You are responsible for keeping your contact information up-to-date and accurate.
  • 10.5 No Liability for Information Sent We are not responsible for any filtering applied to our communications by you or your network provider.


11. Modifications to Terms

  • Updates: We reserve the right to modify these terms at any time.
  • Notification: Changes will be indicated by the updated date at the top of the page. It is your responsibility to read and review any updates in the terms.


12. Miscellaneous

  • Entire Agreement: These terms constitute the entire agreement between you and Sound Metal Distribution Inc. regarding our services.