1. APPLICATION
Each of the Investments placed by the Customer with the Global Investment Management Inc. from time to time is subject to these Global Investment Management Investment Terms and Conditions. If there is any divergence, the documents shall prevail, insofar as the Investments are concerned, in the following order: (i) the relevant Confirmation, (ii) the Investment Agreement, (iii) these Global Investment Management Investment Terms and Conditions, and (iv) the Terms and Conditions for Investment Account.
2. DEFINITIONS AND INTERPRETATION
2.1 In these Terms and Conditions, the following conceptions have the following meanings:
The "Company" means Global Investment Management Inc., Dubai Branch and includes its representatives and assigns;
The "Customer" means the individual, who places or aims to make an Investment and, where the Customer is a company, means each present and future associate of the company and, where the Customer is an individual or company, includes any personal representative or legal successor of such individual or associate;
The "Agreement" means these Global Investment Management Investment Terms and Conditions, the Investment Agreement, each Confirmation and the Terms and Conditions for Investment Account, as each of them may be revised or supplemented from time to time;
"Alternative Currency" means, in respect of each Investment, the alternative currency specified in the related Confirmation;
"Authorized Person" means the Customer and each person authorized by the Customer to give instructions to the Company, as notified (together with specimen signatures) to the company from time to time in such manner it may require;
"Business Day" means a day (other than a Saturday or a Sunday) on which financial institutions are open for business (including dealings in foreign currencies) in United Arab Emirates or any other specified jurisdiction;
"Calendar Year Days" means the number of days stated as such in the related Confirmation;
"Confirmation" means the confirmation delivered by the Company to the Customer setting out the terms of that Investment;
"Vis Major" means any hurricane, fire, mutiny, strike, or other industrial action, communications breakage, power failure, act of terrorism, armed conflict, any natural or man made disaster, or any other event beyond the reasonable control of the Company which infracts the Company's normal business operation;
"Interest Rate" means, in respect of each Investment, the annual interest rate specified in the related Confirmation;
"Investment" means each gold or currency investment placed by the Customer with the Company pursuant to the Agreement;
"Investment Type" means the currency or metal in which that Investment is denominated and specified in the related Confirmation;
"Investment Period" means the number of days in the period beginning from the Start Date and ending on the Maturity Date;
"Maturity Date" means the maturity date specified in the related Confirmation;
"Withdrawal Currency" means the currency in which the Principal Amount and Interest shall be repaid by the Company to the Customer after maturity of the Investment;
"Exchange Rate" means the pre-determined exchange rate of the Investment Currency and the Alternative Currency/Metal selected by the Customer and agreed by the Company and specified in the related Confirmation;
"Principal Amount" means, in respect of each Investment, the amount of that Investment placed with the Company.
2.2 Words importing the singular number shall include the plural and vice versa, and words importing any particular sex shall include any other sex.
2.3 Headers are inserted for relief of reference only and do not affect the exposition of these Terms and Conditions.
3. ACCEPTANCE OF INVESTMENTS
The Company has the freedom of action as to whether to accept or reject any Investment (or any part of it) and is not obliged to accept any Investment. The Customer authorizes and instructs the Company to debit the necessary funds to be invested from any account maintained by the Customer with the Company. If the Investment is not made for any reason after the Company has debited the funds from the Customer's account, the Company shall repay the funds to that account as soon as reasonably realizable. Until debit of the funds from the germane account, and after any repayment of the funds to that account, interest (if any) shall accrue on the funds in pursuant to the regulations applicable to that account from time to time.
4. TERMS OF INVESTMENTS
4.1 The Company has the right to determine at its option the following items in relation to the Investment:
available Investment Currencies and Alternative Currencies;
available Start Dates;
minimum and/or maximum Investment Amount;
Investment Periods;
applicable Interest Rates;
applicable Pre-determined Exchange Rates; and/or
any other items relevant to an Investment.
4.2 The items and limits specified by the Company from time to time shall be provided to the Customer upon request. The Customer may choose the terms of each Investment subject to the limits determined by the Company. Upon agreement of the terms of each Investment the Company shall issue to the Customer a Confirmation to record the agreed terms.
4.3 The Customer shall pay the Principal Amount in the Investment Currency to the Company within 5 Business days after the Start Date.
4.4 Each Investment shall mature on the Maturity Date and will not be automatically renewed.
4.5 An Investment is not transferable nor negotiable.
5. PAYMENT TERMS
5.1 After maturity of each Investment, the Company shall repay the Principal Amount of the relevant Investment in either the Investment Currency or the Alternative Currency in accordance with this Clause 5. All interest on each Investment shall accrue and be paid by the Company in the Investment Currency.
5.2 The criterion for determining the Payment Currency shall be that the Payment Currency shall be the Investment Currency or the Alternative Currency according to the today's Exchange Rate.
5.3 If the Investment Currency is Euro or Gold, the Principal Amount and Interest rate shall be converted to US Dollars according to the Start Day/Maturity Day Exchange Rate. That may result in a reduced Principal Amount than if it was invested in US Dollars as Investment Currency.
5.4 Interest shall be payable on the Maturity Date at an amount equal to the Interest Rate multiplied by the actual number of days passed during the Investment Period divided by the Calendar Year Days (with the annual capitalization starting from the second year). No interest or other amount is payable on an Investment except as specified in the Agreement.
5.5 Termination of an Investment (or any part of it) by the Customer before the Maturity Date (an early withdrawal) is a subject of 15% penalty from the Principal Amount.
5.6 The Company's obligations in respect of any Investment including, without limitation, its obligation to pay the settlement amount, shall be subject at all times to all laws, rules and regulations, and all codes, guidelines, judgments, orders and instructions (whether or not having the force of law) issued by any regulator, authority and/or governmental agency, and all customs and practices of any market, which are suitable to the Company or the Investments from time to time.
6. DISRUPTION EVENTS
6.1 If any Disruption Event exists at the relevant time on a day which would otherwise be a Business Day, the Company is entitled to defer any Start Date, any Maturity Date, or any Payment falling on such day to the next Business Day on which there is no Disruption Event.
6.2 If any Investment is not repaid on its Maturity Date by the Company due to any Disruption Event, the Company shall pay interest on the Principal Amount for each day from the Maturity Date up to but excluding the date on which that Investment is paid back by the Company.
7. CUSTOMER'S INSTRUCTIONS
7.1 The Customer authorizes and instructs the Company to act on Instructions given by any Authorized Person.
7.2 Authorized Persons may provide Instructions in writing or by telephone, facsimile, email, online form, or such other means accepted by the Company subject to the accomplishment of such documents as the Company may demand. Instructions shall not be considered to be received by the Company unless they are given and actually received in the way prescribed by the Company.
7.3 The Company may, at its discretion, accept Instructions believed by it to have been given by an Authorized Person. All Instructions received, as understood and acted on by the Company in good faith, shall be definitive and binding on the Customer whether given by an Authorized Person or by any other person supposed to be an Authorized Person. The Company has no obligation to verify the identity or authority of any person giving Instructions or the genuineness of any Instructions.
7.4 The Customer recognizes and accepts fully the risks in providing Instructions by phone, fax, email, or other electronic method including, without limitation, the risk of any Instructions being unauthorized or given by an unauthorized person. The Customer shall fully protect the Company on demand for all liabilities, obligations, claims, actions, suits, demands, damages, and losses which the Company may incur or suffer, and all costs, expenses, and charges of reasonable amount and reasonably incurred by the Company, as a result of the Company relying and/or acting on any Instruction, unless due to the carelessness or premeditated default of the Company and only to the size of direct and reasonably predictable damage and loss (if any) arising directly and solely therefrom. The benefit of this contribution is held by the Company for itself and on behalf of its agents and correspondents.
7.5 Any Instruction, once given, may not be voided or withdrawn without the prior written consent of the Company.
7.6 The Company shall be enabled to act in compliance with its regular business practice and procedure and will only accept Instructions insofar as it supposes practicable and sensible to do so. The Company reserves the right to determine any conditions subject to which it accepts any Instruction.
8. CUSTOMER'S REPRESENTATIONS AND WARRANTIES
8.1 The Customer warrants and represents that:
the Customer has read, understood, and accepted in full the requirements of these Global Investment Management Investment Terms and Conditions (including the risk disclosure statements set out herein) and the Investment Agreement;
the Customer shall make all Investments as principal and not as trustee or representative for any other person;
the Customer has made and shall make its own independent determination in connection with any Instruction concerning an Investment and the Company does not hold itself out as advising the Customer as to whether or not it should make any Investment, and any expression of view or consideration by the Company or any of its employees or representatives shall not be treated or relied on by the Customer as advice;
the Customer has the essential ability to make the Investments and perform its obligations under the Agreement and, where applicable, is duly authorized to do so under its constitutional documents and has taken all required corporate and other action to authorize such transactions;
none of the obligations of the Customer under the Agreement shall violate any of the terms of its constitutional documents and the performance of such commitments shall not violate any legal, contractual or other commitments binding on the Customer; and
the commitments of the Customer under the Agreement constitute valid and legally binding obligations of the Customer.
8.2 The representations and warranties are given by the Customer to and for the gain of the Company and shall be true and accurate on the date on which each Investment is made by or on behalf of the Customer.
8.3 The Customer acknowledges that the Company, as part of its business, regularly trades gold and currencies (including spot, forward, futures, and options transactions) for its own account and for the account of other customers. Such trading may affect the Spot Rates of the relevant currencies.
8.4 The Customer shall inform the Company of any fault in any Confirmation or payment advice as soon as wisely practicable and no later than two Business Days after the date of the Confirmation or payment advice, failing which the Customer shall be consider to have agreed to and be limited by the terms set out in the Confirmation or payment advice. In spite of the foregoing, the Company has the right to amend at its discretion any mistake identified by the Company in any payment advice or Confirmation.
9. FEES AND EXPENSES
9.1 The Company do not charge any fees for its services. All charges and fees are already included in calculation and determination of Interest Rates payable to the Customer.
9.2 The Company shall be entitled to determine and vary, from time to time, fees and charges payable for services to be assigned by the Company in relation to the Investments. The Company will give at least three months prior notice before imposing any new fees or charges or fluctuating any existing fees or charges. Paid fees and charges are non-refundable unless otherwise determined by the Company charges and expenses payable by the Customer.
9.3 The Company shall not be entitled to change fees and charges payable for already existing services.
10. REBATE AND COMMISSION
Subject to suitable laws, guidances, and regulations of the United Arab Emirates, the Company shall be entitled, without prior divulgence to the Customer, to accept and retain for its own account and benefit absolutely any income, rebate, commission, fee, benefit, discount, and/or other privileges arising out of or in connection with any Investment or the assignment of services to the Customer.
11. ASSIGNMENT
11.1 This Agreement shall be binding on the Customer and the Customer's assignees and personal representatives. The Customer shall not assign or create obstacle over all or any of the Customer's rights and interest under the Agreement without the prior written consent of the Company.
11.2 The Agreement shall be binding on and ensure to the income of the Company, its legal representatives and assigns. The Company may, at any time after giving to the Customer notice of its intent to do so, assign and transmit all or any of its rights and obligations under the Agreement to any person.
12. NO WAIVER
No failure or postpone on the part of the Company to exercise any power, right, or remedy under the Agreement shall operate as a rejection thereof, nor shall any single or partial exercise by the Company of any such power, right, or remedy prevent any other or subsequent exercise thereof or the exercise of any other power, right, or remedy. The remedies and rights provided in the Agreement are joint and are not exclusive of any other rights or remedies provided by law or otherwise.
13. COMMUNICATIONS
13.1 All communications shall be addressed to the Customer at the last address of the Customer registered by the Company. The Company shall be entitled to determine from time to time the form and mode of communication.
13.2 Communications delivered personally, sent by mail, fax, or telex shall be considered to have been delivered to the Customer.
13.3 All correspondence sent by the Customer to the Company shall be considered to have been delivered to the Company on the day of actual receipt.
14. SEVERABILITY
Each of the conditions of these Terms and Conditions is separable and distinct from the others. In the event that any one or more of the provisions of these Terms and Conditions shall be held illegal, false, or unenforceable in any respect under the law of any applicable jurisdiction, the legality, validity, and enforceability of the remaining conditions under the law of such jurisdiction and of these Terms and Conditions under the law of any other jurisdiction shall not in any way be affected or impaired thereby.
15. TAPE RECORDING
The Company may, and the Customer hereby definitely permits the Company to tape record all Instructions given by telephone.
16. GOLD INVESTMENT RISK DISCLOSURE STATEMENTS
16.1 Before placing a Gold investment with the Company, you should (i) consider the legal, tax, regulatory, business, investment, financial, and accounting implications of the investment; (ii) cautiously consider whether the investment is appropriate for you in light of your investment goals, expertise, financial resources, and other relevant conditions; (iii) understand the nature of the investment and the related agreement, any regulatory requirements and restrictions applicable to you.
By purchasing a Gold investment, you are giving the Company the right to repay you at a future date in an alternate currency (United States Dollars) at the rate of the Maturity Date. Gold investments are subject to gold prices fluctuations which may affect the return of your investment. You may incur a loss on your principal sum in comparison with the Principal Amount initially invested, if the fall in prices will be more than Interest Rate.
You may wish to seek advice from our Customer Support, licensed, or an independent financial adviser before making an engagement to purchase this product.
16.2 A Gold investment is not the same as currency investment and should not be treated as a substitute for a traditional fixed time deposit. You must be prepared to risk the interest that you might otherwise have earned on money placed as a traditional fixed time deposit.
16.3 The Principal Amount of a Gold investment will be repaid by the Company in either the Investment Currency or the Alternative Currency depending on the exchange rate movements of the Investment Currency and the Alternative Currency and their levels. Gold exchange rates may and do fluctuate from time to time.
16.4 A Confirmation with respect to each Investment will be issued to you after you have agreed on the terms of the investment with the Company.
16.5 A withdrawal of an Investment (or any part of it) by the Customer before the Maturity Date (an early withdrawal) is a subject of 15% penalty from the Principal Amount.
16.6 A Gold investment is not transferable nor negotiable.
Exchange controls may also apply from time to time to certain foreign currencies. Your can obtain an information on any exchange controls that are relevant to the currencies/metals in which you invest in your Investment Account.
17. AMENDMENTS
17.1 The Company may rewrite these Terms and Conditions and/or introduce additional terms and conditions at any time and from time to time.
17.2 Any changes and/or addition to these Terms and Conditions shall become efficient subject to the Company's notice. The Company shall give such notice at least 90 days before any variation affecting charges and fees, the obligations or liabilities of the Customer or that unfavourably affects the Customer and which is within the Company's control, or such reasonable period as the Company may appoint in the instance of any other variation. Such notification may be given by display, advertisement, or other means as the Company thinks fit. Any variation to these Terms and Conditions shall be binding on the Customer if the Customer continues to maintain any Investment or account after the date of such variation.