Table of Contents:
1. GPMT UK's legal identity
2. Deemed Acceptance and Prevailing versions
3. Our business relationship
4. Required information about you
5. Identity Verification
6. Validation of your GPMT account
7. Change and modification of your personal details
8. Your contact details
9. Privacy of your account
10. Your account Security and Passwords
11. Means of communication between us
12. Banks
13. Currency of the GPMT Clients Account
14. Methods of sending funds to GPMT clients account
15. Methods of withdrawing funds from your GPMT account
16. Minimum Account Balance
17. Trading procedures
18. Settlement of the unpaid charges
19. Prevention of money laundering
20. Safety and location of your precious metals
21. Form, Purity, Status and Origin of your precious metals
22. Entrustment of your precious metals
23. Processing procedures of your order
24. Risk Disclosure
25. Risks which are not a GPMT UK responsibility
26. Risks which are a GPMT UK responsibility
27. Death and Inheritance issues
28. Commission
29. Interruption to online trading
30. System availability and downtime
31. UK Regulatory Authorities
32. Corrections of Mistakes
33. Limitation of Liability
34. Termination
35. Representations and Warranties
36. Taxation
37. Market Disruption and Events beyond the control of GPMT
37. Assignment
39. Language
40. General
41. Applicable Law
1.
GPMT UK's Legal Identity
Global Precious Metals Trading Company (UK) Ltd, (GPMT) is a limited liability
company registered in England and Wales with registered company number
6869517. Our registered office is at Wenham Manor, Rogate, Petersfield,
Hampshire GU31 5AY. The operating and administrative offices of GPMT is
315, Regents Park Road, Finchley, London N3 1DP. The following websites
www.gpmt.com, www.gpmt.com, and www.gpmt.net are and all rights in, arising from or relating to it are
owned, provided to and controlled by GPMT.
Please address all your correspondence, queries and any complaints to the contacts as
listed in our contact page.
In these Terms and Conditions (Conditions) and all other documents as well as the
GPMT websites at
www.gpmt.com, www.gpmt.com, and www.gpmt.net (Websites) and other written communications, references to GPMT mean for those customers based in any country other than the United States of America: Global Precious Metals Trading Company (UK) Ltd and for those customers based in the United States of America Global Precious Metals Trading LLC.
2. Deemed Acceptance, Application of Conditions
and Prevailing Versions
2.1 Please read these Conditions carefully and discuss with us anything which
you do not understand. Unless you raise any specific issue or we have agreed in
writing that any part of the Conditions is not to apply, we will regard the
Conditions as setting out the relevant terms concerning our trading
services. Transactions that we enter into with you under these Conditions are
legally binding and enforceable.
2.2 After online confirmation of your online registration with GPMT on the
Website, you become a new client and Account Holder of GPMT and deemed to accept
that these Conditions, and any order submitted by you for the purchase or sale
of precious Metals in accordance with Condition 2.4 below (a Transaction), form
an enforceable and binding contract between you and GPMT which governs our
trading services and all transactions we conduct with you (the Agreement).
2.3 These Conditions shall apply to and be incorporated into any Transaction
and prevail over any inconsistent terms or conditions contained, or referred to,
in your purchase order, confirmation of order or specification or other document
supplied by you, or implied by law, trade custom, practice or course of dealing.
2.4 Your online Transaction constitutes an offer by you to purchase or sell
precious Metals subject to these Conditions. No offer placed by you shall be
accepted by GPMT other than:
(a) by a written email acknowledgement issued by GPMT; or
(b) (if earlier) by GPMT executing the precious Metals purchase,
when a contract for the supply and purchase of the precious Metals on these
Conditions will be established. Your standard terms and conditions (if any)
referred to in any Transaction shall not govern the Agreement.
You accept that an offer to enter into a Transaction, once made, shall be irrevocable
and binding upon you.
GPMT
shall at all times remain free, in its absolute discretion, to refuse to accept such
offer and not enter into any Transaction.
2.5 As of 1 January 2010 until further notice, these Conditions represent the
terms of business for all GPMT clients. GPMT may from time to time, by giving 30
days’ notice of modifications change the Conditions. The changed Conditions
shall become effective only when they are published on the GPMT website and also
emailed to you. During the 30 days notice period, you have the right to
terminate the Agreement under the old Conditions. You can terminate the
Agreement by selling your Metals and withdrawing your funds subject to deduction
of any outstanding commission payable to GPMT. If you do not terminate the
Agreement in this way you are deemed to accept the modifications after 30 days.
2.6 You acknowledge that due to the nature of the services offered by GPMT any
instruction received by GPMT from you in respect of a Transaction, once given,
shall be irrevocable except with the prior written consent of GPMT. Provided
that the correct security procedures are followed, GPMT shall be entitled to
rely on its belief in good faith that any such instruction, given by whatever
means, emanates from you. Other than following the security procedures for the
relevant account GPMT shall have no obligation to verify the identity or
authority of the person giving such instruction or the authenticity of such
instruction. You recognize and accept the risk of any error or misunderstanding
and the risk of any instruction being unauthorized or given by an unauthorized
person and you agree that you will put in place sufficient and reasonable
security measures to avoid the same. Accordingly, you agree to be bound by all
instructions which GPMT receives via your account using the relevant security
procedures which GPMT believes in good faith to have been given by you.
3. Our business relationship
3.1 The business of GPMT is, with the backing of
Standard Bank PLC and Standard Bank’s entities in the United States of
America and via its own sister company Global Precious Metals Trading LLC, to
facilitate trade and investment in precious Metals for clients (Metals). GPMT
acts as broker between you and the above entities (or such others who are
engaged by GPMT and notified to you in accordance with these Conditions). The
clients of GPMT benefit from low commission charges, efficient and safe online
trading facilities via the Website as well as personal one to one account
managerial services. You have opened an account and become a GPMT client in
order to benefit from GPMT trading services.
3.2 Our trading service is an on-line
service and you specifically consent to the receipt of documents in electronic
form via email, Website or other electronic means. Any communication sent to you
may not in addition be sent in a paper form other than on your request. We
reserve the right to charge a reasonable fee for documents supplied in a paper
form.
3.3 You confirm that you have regular
access to the Internet and agree to GPMT providing you with information about us
and our services, our costs and charges and our notices and policies by email or
by posting such information on our Website.
3.4 GPMT shall use reasonable
endeavors to provide the trading services to you, in accordance in all material
respects with these Conditions.
3.5 GPMT will use reasonable
endeavors to meet any performance dates specified in a Transaction, but any
such dates shall be estimates only and time shall not be of the essence for
performance of the trading services or Transactions.
3.6 GPMT will not provide advice to
you on the merits of any Transaction and shall deal with you on an
execution-only basis. None of our staff are authorized by us or permitted under
FSA Rules to give you investment advice. Accordingly, you should not regard any
transaction proposal, suggested trading strategies or other written or oral
communications from us as investment recommendations or advice or as expressing
our view as to whether a particular transaction is suitable for you or meets
your financial objectives. You must rely on your own judgment for any
investment decision you make in relation to your GPMT account. If you require
investment advice, please contact an independent investment adviser.
4. Required information about you
By law and in order to make its services available to you,
GPMT has to retain your data including information concerning the source of your
funds. This is with your knowledge and consent. Your data will be stored for
the purposes of GPMT performing services to you under this Agreement and
processed in accordance with our Privacy Policy.
GPMT shall not disclose your data to third parties except in
normal administrative procedures for completing your transactions or when
required by law. Please refer specifically to our Privacy Policy - Privacy Policy -
5. Identity Verification
Initially you are able to register with GPMT by providing
limited identity information. This initial simple registration enables you to
open a practice trading account. This is of course only a simulation account to
help you practice and learn. You shall only be required to provide detailed
identity information when you decide to transfer funds to your GPMT account for
real transactions in precious Metals.
The required identity documents for completing your full registration and also full registration your real trading
account are:
-
Copy of
your valid passport or driving license showing your photograph
-
Two
copies of your recent utility bills showing your residential address (not older
than three months old)
-
Copy of
a bank statement or document received in relation to your bank account from
which you intend to transact with GPMT (send funds from and receive funds into)
Your bank account document should clearly
show:
-
Bank
name
-
Branch
name and address
-
Branch
Sort Code, or Transit Code or Routing Code or Swift Number
-
Account
name
-
Account
number
Where documents have been translated into English,
translated transcripts must be signed, stamped, and dated by an official
independent translation service provider and accompanied by a copy of the
official foreign language document (certified as above). The name and contact
details of the person/company translating the documents must be clear and in
English.
All copy documents should be sent by email to the address
specified on the registration form and GPMT reserves the right to require any
customer to provide certified copies of originals where necessary. You confirm
that the documents and information you provide are true and give your consent to
GPMT for making enquiries as to the verification of your identity.
When you intend to open and validate your account with GPMT
in the name of a corporation or a trust, in addition to the above we also
require:
-
Photographic identity for any individual with a 25% or greater beneficial
interest
-
Company
Certificate of Incorporation or a copy of trust deeds, as appropriate
-
Board
resolution authorizing you to open a trading account with GPMT on or attached to
a company letterhead
-
List of
company directors
GPMT accepts your documents in English, Spanish, French,
German, Portages, Italian, Russian, Chinese, Japanese, Korean, Arabic and Farsi.
Documents in other languages must be accompanied by certified English
translation.
6. Validation of your GPMT account
After careful consideration of your documents, GPMT shall
inform you by email whether your account is validated, or further documents are
required or your application is refused. If your application is refused, GPMT
shall not be obliged to provide reasons.
When validated, you can then transfer funds to your GPMT
account.
GPMT shall only transact with the same bank, details of
which you have submitted with the other required documents. Should you want to
use another bank, you agree to first submit fresh documents related to your new
bank account and accept that the account name should be exactly the same as your
account in the old bank. GPMT shall not be obliged to accept any new account
applications.
For security reasons, any new documents must only be
submitted and shall only be accepted when you are securely logged into your own
account.
By requesting a change to your bank account details, you
accept that GPMT may require further verification from your new bank. When your
new bank account is confirmed, GPMT shall email you the account details and ask
you to confirm that the details are correct and you will use the new bank to
transact with GPMT. You are responsible for checking the details, and notifying
GPMT immediately if the details are incorrect.
Once the identification and registration process set out in
these Conditions has been followed and the relevant security information (Login
Name and password) has been allocated to you GPMT shall be entitled to rely on
its belief that any offer in relation to a Transaction received from your
account emanates from you without any further obligation to verify the identity
of the person making such offer, and you agree to be bound by all offers which
GPMT believes to have been made by you.
7. Change and modification of your personal details
When it becomes necessary to change your personal details,
name and residential address, you accept to re-validate your account by
providing:
-
Change
of name - Supporting legal documents stating both the new and the old names such
as marriage certificate, new passport / driving license with affixed
photographs
-
Change
of residential Address: Two copies of your recent utility bills showing your new
residential address (no longer than three months old)
-
Copy of
your bank account from which you intend to transact with GPMT showing your new
address
You accept that the above procedures are for
reasons of protecting yourself from identity fraud and safeguarding your
transactions with GPMT. Accordingly, by following the above procedures, you
confirm that GPMT has fulfilled its duty of care with regard to your request for
any amendment and is entitled to charge reasonable administrative costs.
Should it not be possible to comply with the above
procedures for whatever reason and funds in your GPMT cannot be remitted to your
original bank account, you authorize GPMT to take legal advice, follow legal
procedures and/or take out appropriate insurance cover against any loss, all at
your cost prior to refunding any funds to you.
8. Your contact details
You confirm that GPMT is authorized to keep a record of:
Your
email address
Your
mobile telephone number
Your
home telephone number
Your
home address
It is your responsibility to keep your
contact details up to date via the GPMT website and GPMT is entitled to rely on
the accuracy of the information that you have provided. Any time you provide
GPMT with new contact details, GPMT shall notify you by email or if your email
itself has been changed, emails to both your old and new emails and request you
to confirm the changes. Failure to maintain your contact details correctly may
result in loss or costs to your account or GPMT. You therefore accept to
indemnify and keep indemnified GPMT against losses which may arise out of not
maintaining your correct contact details with GPMT.
9. Privacy of your account
Exactly as your personal bank account is a private matter
and known only to yourself and your account managers, your account with GPMT,
your cash and/or Metal holdings are also private and shall only remain known to
yourself, your authorized GPMT account managers and the GPMT auditors. However,
in complying with money laundering regulations, GPMT is obliged by law to report
suspicious activities to the appropriate government agencies.
10. Your account Security and Passwords
Your personal information and financial data held at GPMT
are protected by password as well as your unique pin number and also other key
access information. It is your responsibility to safeguard the secrecy of your
password, pin number and other access information.
Should you forget your password, pin number or login name,
by following the online recovery procedures on GPMT site, you will be able to
set a new password and pin number. In case you are not able to do so, you must
contact GPMT by telephone.
Whenever you reset your password GPMT shall send you an
email notifying you that you have changed your account password.
By using advanced encryption technology GPMT computers are
not able to store your password in decipherable form. Therefore GPMT UK staff
cannot know your chosen passwords.
11. Means of communication between us
The primary means of communication between you and GPMT are:
Online
connection while you are logged into your account, conducting trade posting and
receiving messages via the Website.
You confirm that while you are logged-in to your GPMT
account, you will only use very reliable internet communication technology that
is generally accepted to offer high level of reliability, security, privacy and
accuracy in modern electronic data transmission.
Email.
GPMT shall communicate with you by email and will keep a record of all emails
sent and received. You also agree to keep copies of all email communication with
GPMT for your own records and as back up.
When GPMT sends an email to you that is not bounced back
within 30 minutes, we shall regard that email as delivered. It is therefore your
responsibility to have opened and acted in accordance with the email content.
You accept that if within 48 hours of the email
transmission, you have not replied to the message by email, GPMT is entitled to
regard your no response as your acknowledgment of the receipt and acceptance the
content of the email.
In the event that you respond to a GPMT email after 48 hours
and raise an issue with regard to the content of the GPMT email, you consent
that the GPMT management has sole discretion to propose a binding resolution.
You accept and confirm that although you know emails are
subject to interception, they are however the appropriate means of communicating
between you and GPMT.
Telephone. GPMT may also communicate with you by telephone or sending SMS
messages to your mobile phone.
SMS messages are deemed delivered when delivery is confirmed
by the record of the relevant mobile phone company.
Post.
GPMT may send document and information to you by post. You accept that if you
did not reply within 10 days, GPMT is entitled to regard your
receipt of, acceptance of and agreement
with the content of the posted document.
12. Banks
Bankers to GPMT accounts are:
UK.
The Royal Bank Of Scotland – Current and Client accounts
Standard Bank – Trading, financing, insuring
and safe-keeping of Metals
USA.
Colonial Bank
You accept that the above banks selected by GPMT for
handling your funds and Metals are of adequate standing for your required
transactions. You also accept that GPMT may at any time on giving you 30 days’
notice (in accordance with condition 2), engage other banks with adequate
standing.
13. Currency and Operation of the GPMT Client Account
US Dollar ($) is the international currency used for quoting
and trading precious Metals. Therefore the client account of GPMT is a US Dollar
current account. You agree that:
1. All funds that you send to this account shall be in US Dollars
2. All funds that you send shall be referable to specific Metals purchases and be in
order to:
a. c
omplete your specific purchase orders
b. c
omply with any required margin calls; and
c. settle any commission or costs that may be due to
GPMT
3. No interest shall be paid to your funds held in the GPMT client account
4. All funds that you instruct GPMT to send back to you, shall be converted at the
prevailing exchange rate and sent to the currency of your own bank account
You confirm that you shall not send funds to, or keep funds
in the GPMT client account without being referable to a specific purchase
order. Should funds belonging to you remain with GPMT for more than 30 days
without any purchase order from you, GPMT shall send the funds back to your own
bank account.
All trading funds received from you or due to you shall be
placed in the GPMT segregated Client Account for the appropriate actions in
accordance with your instructions and subject to these Conditions. The
segregated GPMT client account is a ring fenced account that cannot be utilized
for any other purpose except instructions related to your trading of Metals.
Furthermore, this account is ring fenced in such a way that:
1. No creditor of GPMT except our registered clients with account for trading precious
Metals can have any claim against funds in this account
2. The eligible claims of registered clients are limited to the extent of their own
confirmed amount of deposits
You confirm that GPMT is permitted on your behalf to utilize
your funds in the segregated Client Account exclusively for the following
purposes:
1. To purchase physical Metals in accordance with this Agreement and your confirmed
purchase order placed on the GPMT website or by written instructions
2. To send funds back to you
3. To pay any commission or other charges due to GPMT
GPMT hereby confirms that your cash balance within the
segregated Client Account shall, subject to payment of any outstanding
commission or charges to GPMT, be held on call for return to yourself within
five business days.
14. Methods of sending funds to GPMT clients account
You agree that any financial transactions with GPMT shall
only be conducted through recognized banking methods. You hereby agree to only
send funds to GPMT in the following ways:
a. Online transfer, by chaps or telegraphic transfer from your bank account, details of
which you have first registered with GPMT
b. Online transfer, by chaps or telegraphic transfer via any other bank account
belonging to yourself where your account name is exactly the same as your
submitted identity documents
c. Your own debit or credit cards linked to your own bank account with your name on the
card being exactly the same as your submitted identity documents
c.1
When credit or debit cards are used, you pay an additional processing fee of
1.5% of the total amount
d. Your personal check with your name being exactly the same as your submitted identity
documents
e. Cashier’s check where your full name is printed as reference and is exactly the same
as your submitted identity documents
f. Cash under USD $10,000 paid by yourself into GPMT bank account with RBS and reference
is made to your full name which must be exactly the same as your submitted
identity documents
You accept that if your funds are received by GPMT and we
discover discrepancy in your names as the sender in comparison with your
identity documents, your trading activities shall be suspended pending
clarification. In this instance you shall be asked to submit further documents
proving that the funds belong to you and were sent by yourself. Subject to GPMT
being satisfied with your documents, the funds shall be applied to your account
and suspension will be removed.>
You accept that where GPMT is not satisfied with your
clarifications, the funds less any administrative costs shall be returned by a
check and such check shall be issued to the exact spelling of the sender’s
full name.
15. Methods of withdrawing funds from your GPMT account
You accept and agree to adhere to the following procedures
with regard to withdrawing funds from your account:
1. Provide a verifiable transfer request either online when you are logged in to your
GPMT account or by email to admin(at)gpmt.com
2. Your receiving bank and account can only be the bank and account number that you have
named and validated on your registration records
3. The maximum requested amount to be transferred shall not exceed the available cash in
your account
4. If there is not enough cash in your account for you to withdraw the requested amount,
you shall first sell sufficient precious Metals, or if possible, increase your
borrowing to cover your request
5. Your transfer request shall be implemented when checked and approved by two
authorized officers of GPMT
6. When authorized, your requested amount less transfer charges and any outstanding
commissions or charges shall be sent by bank transfer to your named and
validated bank account within 5 working days
16. Minimum Account Balance
The minimum amount for opening a trading account with GPMT is USD $25,000.00. If the balance in your account is
reduced to less than 20% of your net equity, due to trading loss or cash withdrawal, you agree that your account
shall be suspended pending further injections of funds or closure. You accept
that if you do not bring your account to the minimum trading level within 30
days, GPMT shall be entitled to send the balance less banking charges and any
commissions back to your named and validated bank account. In this case, your account
shall not be closed and provided you do not change your validated records, your
account can be reactivated to the trading level by the minimum deposit of USD $10,000.00
17. Trading procedures
To open an account please follow these procedures:
a. Click Register and complete the simple registration form (click submit once
complete);
b. An email will be sent to you immediately (check your “spam mail” or similar and
ensure that future emails from admin(at)gpmt.com , admin(at)gpmt.net , admin(at)gpmt.com are designated safe to receive);
c. From the email in 17b you will be asked to confirm your registration and you will
then be able to login to your virtual account with $100,000 virtual credit;
d. We strongly recommend that you use your $100,000 of virtual credit to familiarize
yourself with the procedures for Transactions and GPMT’s systems - for more
information on see the online Help topic:
Explain GPMT ;
e. When you have completed the above steps you may validate your account by submitting
the required documents;
f. Once GPMT has received your documents and completed its verification process we shall
send you an email and/or a message via our secure on-line message facility
confirming the same. Your account will then be ready for the deposit of funds
and Transactions;
g. Your new account page will appear without the details of your virtual trading
activities. Click on “Deposit Funds” choose the method for making your deposit
and proceed to deposit funds into your GPMT account. Please note the minimum
initial sum is USD $25,000;
h. As you will have learned using your virtual account, the panel on the left-hand-side
of the home page is where you may place orders for Transactions. The procedures
are the same as you practiced for your virtual account. Use the drop-down menus
to choose the details of your trade. Then click “calculate” and review the
details.
i. To place your order, you will need to confirm your agreement to these Conditions by
ticking the box entitled “I agree to GPMT’s Terms and Conditions”. Please also
insert your 4 digit pin number and click “BUY/SELL”.
j. A summary page will appear setting out the details of your intended Transaction with
the following message:
“Please check the above details. At this stage you are able
to change the details of your Transaction or cancel your order. By clicking
“Accept” you acknowledge that: (1) Your order is correct, binding and
irrevocable and you agree to waive any cancellation period under the Consumer
Protection (Distance Selling) Regulations 2000 (if applicable), (2) Execution
of your order may take up to 24 hours, (3) Your Transaction shall be executed
at the spot market price within +/- 2.5% of the stated price at the time of your
instruction received by GPMT. After you click “Accept” you will receive an
email confirming your Transaction; if you do not receive an email from us please
contact us on admin(at)gpmt.com or
Telephone:+44 (0)208 349 2287, Fax:+44(0)208 349 6097
k. Following the above steps your Transaction will be checked and verified by your GPMT
account manager and shall appear in the Pending section of your account until
such steps are complete (see “List Trading Activities – Pending”);
l. Execution of your Transaction may take up to 24 hours. It is only after execution
that the detail of your trade will be reflected in your account. We will send
you an email confirming when your Transaction has been completed.
m. If for any reason whatsoever your Transaction cannot be completed within 24 hours of
receipt of your order, we shall inform you by email that your Transaction has
been cancelled. You may wish to repeat the order or place a new order.
18. Settlement of the unpaid charges
It is possible that at some point, you may have Metals
credited to your GPMT account but not sufficient available cash balances or
remaining credit to settle your various charges including, but not limited to,
commissions, interest, custody banking, and insurance. In this case we shall
inform you of the shortfall and request remittance of sufficient funds within 7
days. If you do not send the required funds via account with GPMT, you agree
that GPMT shall be entitled to settle unpaid charges by selling sufficient
quantity of your Metals at the then prevailing spot price.
19. Prevention of money laundering
GPMT is committed to complying in full with both national
and international legislation related to prevention of money laundering. For
this reason and also for safety and security of financial transactions between
us and our clients, GPMT shall at all times adhere to the following principles:
a. Applications shall only be accepted from individuals and corporations when supported
by verifiable identity documents
b. Funds to be deposited to an account with GPMT must be sent via banking channels and
by the owner of that account
c. GPMT, shall only remit funds back to a client via bank transfer and to the
pre-validated bank account of that client
d. GPMT UK respects your rights to confidentiality and shall always comply with
appropriate laws related to data protection.
20. Safety and location of your precious Metals
Standard bank is the sourcing, clearing, financing and
vaulting bank of GPMT in relation to our Metals Transactions. Therefore, the
integrity, safety, vault location, delivery and insurance of our clients’ Metals
are entrusted to Standard Bank.
You accept that Standard Bank selected by GPMT for handling
your Metals is of adequate standing for your required transactions. You also
accept that GPMT may at any time, engage other banks with adequate standing and
you have the right to be informed in accordance with these Conditions of any
such change.
Please note that your Metals will be held offshore (outside
the UK) unless you wish to take physical delivery of your Metals to
the UK. Please note however, that taking delivery of your Metals in the UK may
have taxation implications.
If you wish to take delivery of your Metals please notify us
in writing so that we may give you further details of how to arrange delivery in
accordance with condition 22 below.
21. Form, Purity, Status and Origin of your precious metals
GPMT, on behalf of Standard Bank, warrants that any Metals that you purchase via your GPMT account and as long as they remain in the custody of Standard Bank, shall be:
|
Form
|
Purity
|
Status
|
Quality
|
|
Bar
|
95.95%
|
Un-Allocated
|
London Good Delivery
|
and tradable at the prevailing spot price. You accept that if you choose to take delivery or remove your Metals from the custody of Standard Bank, this warranty shall be deemed as expired.
22. Entrustment of your precious Metals
You agree that upon confirmation of purchase, your Metals
shall become your entrustment property under custodianship of Standard Bank. The
custodianship of all or parts of your Metals shall be terminated when you sell,
take delivery or entrust custodianship to another organization.
You agree that your instruction for change of custodianship
can only be implemented via GPMT and is subject to:
a. Full payments of all outstanding amounts in your GPMT account
b. Minimum deliverable quantity
c. Payment of delivery and insurance charges
23. Processing procedures of your order
Your online orders for the sale or purchase of Metals shall
be implemented as follows:
1. Your account administrator shall first review your order to make sure your order has
been correctly placed via a valid and active account using the correct security
information and that you have sufficient funds or Metals available to carry out
your request;
2. Subject to 23.1 above, your account administrator shall execute your order and your
account will be adjusted accordingly. This shall be confirmed by email and via
our secure on-line messaging system.
3. The confirmation message shall contain the following information:
a. prevailing spot market price at the time of the execution of your order
b. exact date and time when your order was executed
c. exact price of your deal
d. exact quantity of your deal
e. GPMT commission amount
f. finance (if any) and the rate of interest
Due to the necessity of your orders being reviewed by our
account administrators there shall always be a delay in execution of your
orders. In the intervening times, the spot market price may have moved from the
price on which any of your orders were placed. You acknowledge the
inevitability of these delays, and authorize GPMT to execute your orders within
and no longer than 24 hours from the time that the order is placed.
You agree and authorize GPMT to execute your order at the
spot market price provided that at the time of execution:
a. the spot market price is within and no more or less than 2.5% of the price of your
order;
b. there are sufficient funds, credit or Metals available in your account to cover any
possible additional purchasing costs within 2.5% above your stated order price.
24. Risk Disclosure
1. You acknowledge that you have read and understood both the Risk Disclosure Statement
as well as these Conditions
2. You acknowledge that you have read and understood the help sections of GPMT and
having utilized your initial Practice
Account (made available to you at the time of your registration), you
are competent to utilize the online trading facilities of GPMT
3. You agree that when you place online orders to buy any Metals at the spot price with
immediate effect, by the time that your order is implemented, the spot price of
that Metal may have moved above or below the price at the time of your order.
Nevertheless, you acknowledge that you have authorized GPMT to implement your
order up to 2% increased in the spot price of such Metals
4. You agree that when you place online orders to sell any Metals at the spot price with
immediate effect, by the time that your order is implemented, the spot price of
that Metal may have moved above or below the price at the time of your order.
Nevertheless, you acknowledge that you have authorized GPMT to implement your
order up to 2% decreased in the spot price of that Metal
Furthermore, you acknowledge that you have read, understood
and accepted the risks outlined in condition 25 which GPMT considers to be some,
but not all, of the material risks in the business of trading Metals. You
acknowledge and assume these risks as part of entering into Transactions.
25. Risks which are not a GPMT UK responsibility
1. Price movements. Precious Metals like all other
commodities are exposed to rapid price movements. Therefore, at the time of
sale, you are exposed to a potential loss arising from falling price of the
Metal that you may have purchased.
2. Policy legislation. Governments for many reasons
including taxation and currency stability might introduce laws affecting
value, trade and ownership of your Metals.
3. Bank insolvency. GPMT operates a segregated clients’ bank
account with the Royal Bank of Scotland (RBS). RBS is a highly rated state owned
bank that is currently owned by the British government. However all banks are
subject to possible failure.
4. Identity theft. GPMT has implemented the following
security measures to protect against identity theft and prevent unauthorized
access to your account:
a. Login name. At time of registration, you can choose your
Login name to be different from your real name and change it as you wish. It is
your responsibility to keep your Login name confidential to yourself;
b. Password. You have to choose a secret Password with a
minimum of 6 letters and change it as you wish. It is your responsibility to
keep your Password confidential and not disclose it to third parties;
c. Initial access to your account is only possible by
insertion of the correct combination of both your Login name as well as your
Password;
d. Secret question. At the time of registration, you have
chosen a secret question, the answer to which should only remain known to
yourself. By correct answer to this question, you are able to change or recover
your forgotten Password or Login name;
e. Pin number. In addition to the above measures, your
identity and account is also protected by a 4 digit Pin number that you can
choose, change and are responsible to protect. Without the insertion of the
correct Pin number, is not possible to change your profile or execute any
transaction in your account;
f. Limited transactions. Transactions on your account are
limited to the following three activities: 1. Order to Purchase. 2. Order to
sell. 3. Order to transfer your funds back to your registered bank account.
Orders to purchase or to sell can only be placed by you or someone who not only
has accessed your account, but also knows your Login, Password and pin number.
Although this possibility is rare, it may happen, but loss to your account may
only be limited to:
· In the case of fraudulent order to purchase: As soon as the falsified order is
discovered, the purchased precious Metals can be sold. Therefore your loss shall
be limited to the possible fall in the price of the purchase Metal
· In the case of fraudulent order to sell: As soon as the falsified order is
discovered, the sold precious Metals can be repurchased. Therefore your loss
shall be limited to the possible rise in the price of the purchase Metal
The above two possible losses may be recoverable from your
own insurance policies which we recommend that you arrange. .
· In the case of Order to transfer funds: Transfer of your funds from GPMT can only be
made to your own registered bank account. Therefore, except for the bank
transfer or exchange of currency charges, you shall not suffer any other loss.
5. Communication failure. GPMT uses up to date computer and
communication systems, but there is always a risk that due to a variety of
reasons, including, but not limited to, internet or telephone interruptions,
computer and server breakdowns, you are unable to access your account and place
your order for periods of time. You accept that any loss due to not being able
to place and execute your order is not a GPMT responsibility.
26. Risks which are a GPMT UK responsibility
GPMT accepts its duty of care with regard to the following
risks in relation to your Metals and undertakes to use best efforts to contain
them at minimal levels.
Theft of your precious Metals — GPMT undertakes to make sure
that while your physical precious Metals are in the custody of Standard Bank,
they are covered by sufficient insurance.
Theft of your funds — All outward transactions related to
your funds in the GPMT client account require approval of two senior officers of
GPMT. GPMT undertakes to make sure that this requirement is always enforced and
accept liability if you suffer any loss due to theft from your account with
GPMT.
Prevention of data loss — GPMT undertakes to use the best
customary business practices, methods and machinery in relation to safeguarding
you data in electronic form. However it is conceivable that despite all
protection and prevention measures, all or part of your data may be lost. For
this reason, GPMT undertakes to forward copies of all your trading and
communication data by email and also by the messaging system of the GPMT site to
you for safe keeping. You hereby agree to keep these data in both electronic as
well as paper form and if required, forward a copy to GPMT.
27. Death and Inheritance issues
In the event of your death, GPMT undertakes to process your
account in accordance with your will, the due process of law under the
appropriate jurisdiction and instructions of the legally appointed executors of
your estate.
28. Commission
GPMT charges 1.5% (exclusive of Value Added Tax or any other
applicable taxes or charges) commission on the total value of each Transaction.
This amount shall normally be added to your outstanding finance or deducted from
your cash reserve. In the event that neither is possible, you will be notified
and asked to settle GPMT commission within 7 working days by injection of cash
or disposal of sufficient amount of your Metals. Should the commission remain
outstanding after the notice period, GPMT has the right to sell sufficient
amount of your holding to settle any outstanding amounts owed to it by you. In
addition, should any amount remain outstanding for longer than 7 working days
GPMT reserves the right to charge interest on such amount at the rate of 4%
above the base rate of Royal Bank of Scotland calculated from the date payment
fell due until the date of actual payment (or such lesser amount as is the
maximum rate permissible by law).
If you are a business and registered in the UK for VAT
purposes we will charge you VAT on our commission charges.
If you are a business registered elsewhere or a consumer, we
will not charge you VAT on our commission charges, however you may be subject to
other taxes in your country of residence or in the UK and GPMT expressly
excludes all liability in this regard.
29. Interruption to online trading
The GPMT online trading system is programmed to accept round
the clock orders for purchasing or selling precious Metals. However, the orders
shall only be executed Monday to Friday from 09.00 to 21.00 (UK time).
30. System availability and downtime
You accept that from time to time, there may also be planned
or unplanned service interruptions for maintenance or other urgent actions. GPMT
shall endeavor, if possible, to keep you informed via email or other means of
these interruptions. However, due to the kind of system interruption or shortage
of time, it may not be possible to keep you informed.
You accept that these types of interruptions are unavoidable
and GPMT is not liable for any loss you may suffer during these interruptions.
31. UK Regulatory Authorities
GPMT, is a UK registered limited liability company and
subject to English Law., GPMT’s deposit taking activities do not require it to
be registered with the Financial Services Authority as any cash advances
received from GPMT clients are solely referable to clients’ Metals
purchases. GPMT’s services are not classed as regulated pursuant to the
Financial Services and Markets Act 2000 (Regulated Activities) Order 2001.
GPMT is not authorized by the FSA to take deposits from
clients if their deposits are not referable to specific Metals purchases.
32. Correction of Trading Errors
In the event of any administrative errors in your account
GPMT is entitled to and shall make any necessary corrections after the event
without any time limitation and including once your account has been closed.
You accept that neither GPMT nor you have the right to make
profits from GPMT trading system failures. The GPMT trading procedures are
in place to prevent clear trading errors. However the effectiveness of our
procedures in some respects such as, but not limited to, accuracy of spot prices
and currency data is out of GPMT reasonable control. In the event of any
resulting mistakes in this way, you accept that GPMT is entitled to make
corrective and reasonable adjustments after the error is discovered and without
limitation in time.
33. Limitation of Liability – Client’s Attention in particular is drawn to this Condition
33.1 Please note that conditions 33.2 and 33.4 only
apply to you if you are contracting with GPMT in the course of a business and
condition 33.5 only applies to you if you are contracting with GPMT as a
consumer. Subject to the afore-going this clause 33 sets out the entire
financial liability of GPMT (including any liability for the acts or omissions
of its employees, agents, consultants, and subcontractors) to you in respect of:
(a) any breach of contract including any deliberate breach
of contract by GPMT, or its employees, agents or subcontractors or otherwise any
breach of these Conditions;
(b) any use made by you of the services offered by GPMT; and
(c) any representation, statement or tortuous act or
omission (including negligence) arising under or in connection with a
Transaction.
33.2 Please note that this clause 33.2 only applies to
you if you are dealing with us in the course of a business. All warranties,
conditions and other terms implied by statute or common law are, to the fullest
extent permitted by law, excluded from the Agreement.
33.3 Nothing in these Conditions limits or excludes the
liability of GPMT (whether dealing with you in the course of a business or as a
consumer):
(a) for death or personal injury resulting from negligence;
or
(b) for any damage or liability incurred by you as a result
of fraud or fraudulent misrepresentation by GPMT; or
(c) for anything that may not be lawfully excluded by law
33.4 Please note that this clause 33.4 only applies to
you if you are dealing with us in the course of a business. Subject to
condition 33.3:
(a) GPMT shall not be liable for:
(i) loss of profits; or
(ii) loss of business; or
(iii) depletion of goodwill and/or similar losses; or
(iv) loss of anticipated savings; or
(v) a fall in value of your Metals, currency depreciation or
otherwise loss of goods; or
(vi) loss of contract; or
(vii) loss of use; or
(viii) loss of corruption of data or information; or
(ix) any special, indirect, consequential or
pure economic loss, costs, damages, charges or expenses.
(b) GPMT's total liability in contract, tort
(including negligence or breach of statutory duty), misrepresentation,
restitution or otherwise arising in connection with the performance, or
contemplated performance, of a Contract shall be limited to the value of the
commission received by GPMT in relation to the relevant Contract.
33.5 Please note that this clause
33.5 only applies to you if you are dealing with GPMT other than in the course
of a business (i.e.: as a consumer). You hereby acknowledge and agree that
subject to condition 33.3:
(a) due to the nature of the services
offered by GPMT, subject to these Conditions, the services may be commenced as
soon as we receive instruction regarding a Transaction and in any event will be
commenced within 24 hours of your order. Therefore, you hereby acknowledge and
agree to waive the right you may have as a consumer under the Consumer
Protection (Distance Selling) Regulations 2000 to cancel the contract formed
between us up to seven days after contract formation;
(b) your engaging in Transactions requires
particular expertise and knowledge and entails certain risks of loss (some of
which are specifically mentioned in this Agreement, including but not limited to
fluctuation in the prices of Metals). Accordingly, by entering into
Transactions you agree to undertake such risks of loss in relation to your
Transactions and/or to insure accordingly against such losses as you may
require;
(c) there may be instances where GPMT is
unable to provide the services under the Contract and in such circumstances GPMT
may not be able to execute Transactions including (but not limited to) you
supplying incorrect or incomplete information or identification documents,
GPMT’s system failure, suspected or actual security breaches or any of the
events mentioned under condition 37. In such circumstances you will be informed
as soon as possible and our liability shall be limited to refund of any
commission paid by you to us in respect of any orders we are unable to proceed
with;
(d) GPMT may reject any order (to buy or
sell Metals) at any point prior to execution of the Transaction and for any
reason whatsoever if in its sole discretion it is deemed necessary or prudent to
do so and in such event GPMT’s liability shall be limited to refund of any
commission paid by you to it in respect of such rejected order;
(e) GPMT shall not be liable for:
(i) loss of profits; or
(ii) loss of business; or
(iii) depletion of goodwill and/or similar losses; or
(iv) loss of anticipated savings; or
(v) a fall in value of your Metals, currency depreciation or
other loss of goods; or
(vi) loss of contract; or
(vii) loss of use; or
(viii) loss of corruption of data or information; or
(ix) any special, indirect, consequential or
pure economic loss, costs, damages, charges or expenses.
(f) GPMT’s total liability to you in
contract, tort (including negligence or breach of statutory duty)
misrepresentation, restitution or otherwise arising in connection with the
performance or contemplated performance of a Contract shall be limited to three
times the value of the commission received by GPMT in relation to the relevant
Agreement; and
(g) the limitations in this clause 33.5 are
fair and reasonable given the level of the commission fee payable to GPMT and
that GPMT is merely acting as broker in Transactions.
34. Termination
34.1 Without prejudice to any other rights or
remedies which we may have, GPMT may terminate the Agreement and close any open
trading positions without liability to you immediately on giving notice to you
if:
(a) you fail to pay any amount due under a Transaction or Agreement on the due date
for payment and remain in default not less than seven days after being notified
in writing to make such payment; or
(b) you commit a breach of any of the terms
of the Agreement and (if such a breach is remediable) fail to remedy that breach
within 30 days of you being notified in writing of the breach; or
(c) you repeatedly breach any of the terms of
the Agreement in such a manner as to reasonably justify the opinion that your
conduct is inconsistent with it having the intention or ability to give effect
to the terms of the Agreement; or
(d) you suspend, or threaten to suspend,
payment of its debts or are unable to pay your debts as they fall due or admit
inability to pay your debts or (being a company) is deemed unable to pay its
debts within the meaning of section 123 of the Insolvency Act 1986 or (being a
natural person) is deemed either unable to pay its debts or as having no
reasonable prospect of so doing, in either case, within the meaning of section
268 of the Insolvency Act 1986 or (being a partnership) has any partner to whom
any of the foregoing apply; or
(e) you commence negotiations with all or any
class of your creditors with a view to rescheduling any of your debts, or make a
proposal for or enters into any compromise or arrangement with your creditors;
or
(f) a petition is filed, a notice is given, a
resolution is passed, or an order is made, for or on connection with your
winding up;
(g) an application is made to court, or an
order is made, for the appointment of an administrator or if a notice of
intention to appoint an administrator is given or if an administrator is
appointed over you; or
(h) a floating charge holder over your assets
has become entitled to appoint or has appointed an administrative receiver; or
(i) a person becomes entitled to appoint a
receiver over your assets or a receiver is appointed over your assets; or
(j) a creditor or encumbrancer attaches or
takes possession of, or a distress, execution, sequestration or other such
process is levied or enforced on or sued against, the whole or any part of your
assets and such attachment or process is not discharged within 14 days; or
(k) any event occurs, or proceeding is taken,
with respect to you in any jurisdiction to which you are subject that has an
effect equivalent or similar to any of the events mentioned in condition
34(d) to condition 34.1 (j) (inclusive); or
(l) you suspend or cease, or threaten to
suspend or c ease, to carry on all or a substantial part of your business; or
(m) you suffer a change of control (as
defined in section 574 of the Capital Allowances Act 2001).
34.2 We acknowledge and agree that any
breach of conditions 2, 5-8, 13, 16, 18, 34, and 38 shall constitute a material
breach for the purposes of this condition 34.
34.3 On termination of the Agreement for
any reason:
(a) you shall immediately pay to GPMT all of
GPMT's outstanding unpaid invoices, commissions and interest and, in respect of
trading services supplied but for which no invoice has been submitted, GPMT may
submit an invoice, which shall be payable immediately on receipt;
(b) our accrued rights and liabilities as at
termination and the continuation of any provision expressly stated to survive or
implicitly surviving termination, shall not be affected.
34.4 On termination of the Agreement
(however arising), conditions 1, 2, 3, 4, 5, 9, 10, 13, 14, 18, 24, 25, 28, 33,
34, 40 and 41 shall survive and continue in full force and effect.
35. Representations and Warranties
Representations and warranties are personal
statements, assurances or undertakings given by you to us on which we rely when
we deal with you. You make the following representations and warranties at the
time you become a GPMT client and every time you place a Transaction or
any other instruction:
(a) all information that you supply to us
(whether during registration or otherwise) is true, accurate and not misleading
in any material respect;
(b) if you are an individual, you are over 18
years old;
(c) except where we have agreed otherwise in
writing, you act as principal and not any other person’s agent or other
representative;
(d) you have obtained all necessary consents
and have the authority to enter into Transactions and/or to place any
instructions;
(e) if you are a company or body corporate
you are properly empowered and have obtained all necessary corporate or other
authority under your memorandum and articles of association or other
constitutional or organizational documents;
(f) you are not accessing the Website and
dealing with us from the USA;
(g) you agree that for the duration of this
Agreement you will promptly notify us of any change to the details supplied by
you on registration documents, including in particular moving to another country
or territory or any change or anticipated change in your financial circumstances
or employment status (including redundancy and/or unemployment) which may affect
the basis on which we do business with you; and
(h) You have the adequate financial expertise
and the resources to understand and to comply with the Agreement.
36. Market Disruption and Events beyond the control of GPMT
GPMT reserves the right to defer the date of delivery or to
cancel a Transaction or reduce the volume of Metals ordered or sold by you
(without liability to you) if it is prevented from or delayed in the carrying on
of its business due to circumstances beyond the reasonable control of GPMT
including, without limitation, acts of God, governmental actions, war or
national emergency, pandemic, acts of terrorism, protests, riot, civil
commotion, fire, explosion, flood, epidemic, lock-outs, strikes or other labor
disputes (whether or not relating to either party's workforce), or restraints or
delays affecting suppliers, provided that, if the event in question continues
for a continuous period in excess of 30 days, you shall be entitled to give
notice in writing to GPMT to cancel any Transaction and, subject to deduction of
any outstanding commission or other amount payable to GPMT, request return of
your funds.
37. Assignment
37.1 You shall not, without the prior
written consent of GPMT, assign, transfer, charge, mortgage, subcontract or deal
in any manner with all or any of your rights or obligations under these
Conditions or any Transaction.
37.2 GPMT may at any time assign,
transfer, charge, mortgage, subcontract or deal in any other manner with all or
any of its rights under these Conditions or any Transaction and may subcontract
or delegate in any manner any or all of its obligations under these Conditions
or any Transaction to any third party or agent.
37.3 Each party that has rights under
these Conditions or any Transaction is acting on its own behalf and not for the
benefit of another person.
38. Language
The official and reference language of GPMT is English and
all GPMT sites in other languages are a translation of the original GPMT site in
English. Therefore all trade and communication by and with GPMT shall be
conducted and referable to the original documents in English.
39. General
39.1 All communications between the parties
about these Conditions or a Transaction shall be in writing and delivered by
hand or sent by pre-paid first class post or sent by fax:
(a) (in case of communications to GPMT) to
its registered office or such other address as shall be notified to the Client
by GPMT; or
39.2 Communications shall be deemed to have
been received: to have
been received:
(a) if sent by pre-paid first class post, two
days (excluding Saturdays, Sundays and bank and public holidays) after posting
(exclusive of the day of posting); or
(b) if delivered by hand, on the day of
delivery; or
39.3 Communications addressed to GPMT shall
be marked for the attention of the Managing Director.
be marked for the attention of the Managing Director.
39.4 If any provision of these
Conditions or a Transaction is found by any court, tribunal or administrative
body of competent jurisdiction to be wholly or partly illegal, invalid, void,
voidable, unenforceable or unreasonable it shall to the extent of such
illegality, invalidity, voidness, voidability, unenforceability or
unreasonableness be deemed severable and the remaining provisions of the
Conditions/Transaction and the remainder of such provision shall continue in
full force and effect.
39.5 Failure or delay by GPMT in
enforcing or partially enforcing any provision of these Conditions or a
Transaction shall not be construed as a waiver of any of its rights under these
Conditions or any Transaction.
39.6 Any waiver by GPMT of any breach
of, or any default under, any provision of these Conditions or a Transaction by
you shall not be deemed a waiver of any subsequent breach or default and shall
in no way affect the other terms of these Conditions or any Transaction Conditions or any Transaction.
39.7 The parties do not intend that any
term of the Conditions or any Transaction shall be enforceable by virtue of the
Contracts (Rights of Third Parties) Act 1999 by any person that is not a party
to it. is not a party
to it.
40. Law
These Conditions and any Transaction and any dispute or
claim arising out of or in connection with it or its subject matter or formation
(including non-contractual disputes or claims) shall be governed by and
construed in accordance with English law, and the parties irrevocably submit to
the exclusive jurisdiction of the English courts.
Copyright © Global Precious Metals Trading (UK) Limited 2010
All Rights Reserved
The material on this website is protected by
English copyright law and international conventions worldwide and may not be
reproduced or revised without the specific consent of GPMT. You may print
copies for your personal use only.