TERMS AND CONDITIONS
The EBLN DMCC Terms and Conditions are standard for all of the below classification of clients:
Sophisticated Investors and High Net Worth Individuals
The EBLN DMCC Terms and Conditions should be understood and agreed in conjunction with the below EBLN DMCC Documents as a client:
Client Risk Disclaimer [section 14]
EBLN DMCC Anti Money Laundering requirements and procedures
If you have any questions as regards the EBLN DMCC Terms and Conditions or any document of EBLN DMCC, in the first instance please email firstname.lastname@example.org
SERVICES PROVIDED BY EBLN DMCC
The EBLN DMCC Terms and Conditions is a binding contractual legal agreement between EBLN DMCC (herein after referred to as “EBLN”) and the customer or client that’s residence is provided on the EBLN DMCC Client Application Form (short or long) (herein after referred to as “Client”).
EBLN DMCC is a registered and licensed commodity trading firm in the UAE; Registered Office: 798, DMCC Business Centre, Level No 1, Jewellery and Gemplex 3, Dubai, United Arab Emirates; Registered as a Dubai Free-zone company under UAE Law. Licensed to trade precious metals and stones, licensed by the Dubai Multi Commodities Centre and member of the Dubai Gold Exchange, License Number: DMCC – 268227. EBLN DMCC is a member of the Global Legal Identity Identifier Foundation, a global database of financial firms. EBLN DMCC’s LEIRN is: 8945008XMZ80RQAVSI28
EBLN provides the client the opportunity to buy and sell physical commodity products through a range of OTC brokerage services. EBLN provides the brokerage service of offering the delivery of physical commodities to clients on a global scale. The client, in accordance with the following EBLN Terms and Conditions wishes to enter into contracts with EBLN DMCC to either purchase or sell physical commodities.
The client is responsible for monitoring his or her own physical commodity positions and is responsible for maintaining contact with EBLN as regards to open positions or transactions that may have been executed. EBLN will strive to contact the Client in a timely manner. All trade risks are the responsibility of the customer. In the event of theft of any property this is also the responsibility of the customer.
All transactions between EBLN and the client will be entirely on a non-discretionary basis. EBLN will never act on behalf of a client unless there has been a specific instruction provided by the client as set out in these Terms and Conditions.
EBLN will provide market and industry intelligence and data to assist the client in making his or her own investment decisions. EBLN will also provide product support where necessary. EBLN cannot guarantee the accuracy or completeness of such data, market information and intelligence though EBLN believe such sources to be reliable. If a client makes an investment decision based on market information or data provided by EBLN DMCC he or she does so at his or her own risk.
INVESTMENT RISKS AND DISCLOSURES
EBLN, in accordance with these terms and conditions produces a two-way market in spot commodities.
EBLN wishes you to read and make sure you understand the risks that are tied with buying and selling physical commodities. Buying and selling physical commodities is classed as speculative and is not suitable for everyone as is set out also in the EBLN DMCC Customer Disclaimer you would have been already provided. You should consider before buying or selling physical commodities your experience you have within these investment markets, the objectives and reasons for buying physical commodities and your present financial resources you have. EBLN recognises and accepts that the company has a duty of care to all of its clients when it comes to the operation of the client account and the client property and will instil and endeavour to always incorporate best practice and the highest standards of care to reduce such investments risks.
The following though, in accordance with these Terms and Conditions are accepted as outside of the control of EBLN:
PHYSICAL COMMODITY MARKET FLUCTUATIONS RISK The physical commodity market is unpredictable and volatile. Past price fluctuations whether up or down are not indicative of what the future price of physical commodities may be.
PHYSICAL COMMODITY SPREADS RISK In periods of increased volatility quoted spreads of physical commodities can increase and become wider than normally will be the case. It may also be the case whilst fixings are being conducted within the markets that EBLN may find it difficult to provide price quotes to the Client. EBLN will though on occasions like this, though not required to do so will endeavour to provide a price quote on the desired commodity.
OFF EXCHANGE TRANSACTIONS RISK physical commodity trading is not carried out on any recognised future exchanges. EBLN will be acting as your counter party in all of your physical commodity transactions.
FOREIGN EXCHANGE MARKET FLUCTUATIONS RISK transactions that are executed in a currency that is not the base currency of the EBLN account will be affected by the fluctuations in the currency exchange rate that the transaction is being placed in.
BANK RISK client funds are transferred into a reputable UAE based bank for purchase of assets and then subsequently sent to the market supplier. However, all banks are subject to possible failure. In the event of a bank failure compensation may be available from the appropriate authorities.
POLITICAL RISK AND TAX RISK Governments or Government agencies could impose taxes that may affect the Client buying and selling physical commodities. You should seek independent tax advice as laws are subject to change. EBLN are not tax advisers and will not provide tax advice. Governments or Government agencies may also implement laws and political changes that may restrict the ownership of physical commodities.
INSURANCE EXCLUSIONS as is the established common practice with the insuring and physical protection of physical commodities there may be some exclusion. Underwriters for example may exclude nuclear war.
FORCE MAJEURE Refer to 4.2.9
GATED FUNDS AND FREEZING OF REDEMPTIONS If EBLN was affected by outside forces or any cause it identifies and prevented client fund withdrawals and redemptions, EBLN are neither liable nor responsible for the delay, nor any costs incurred while the funds are delayed and redemptions or withdrawals cannot happen.
EQUIVALENTS direct digital equivalents of a physical commodity backed by physical holdings which can be converted into the product
“Agreement” – These terms and conditions laid out within this document and also contact that may occur in the future with the Client which shall constitute a single agreement.
“Account” – Client account with EBLN DMCC
“Parties to this Agreement” – EBLN DMCC and the Client, at the address given in the EBLN DMCC Client Application Form.
“Client Purchase Agreement” – The Agreement with EBLN DMCC for the purchase and sale of physical commodities on behalf of the Client.
“Application Form” – The form and document completed by the client providing his or her information and the acceptance of this Terms and Conditions.
“Commodities” Commodity products bought and sold to or from the Client by EBLN DMCC
“Allocated Commodities” – These are stored individually, specifically on behalf of the client. Unallocated commodities are stored as an undivided lot of physical commodities.
“Transaction” – A written, or oral contract entered into by the company, EBLN DMCC and the client for the purchase or sale of physical commodities.
“Depository” – Customer Bonded Warehouse; Secure warehouse; Financial Institutions or another entity that is acceptable to EBLN DMCC and recognised for the storage of physical commodities.
“Equity” – The percentage of funds the client holds in the physical commodity underlying each transaction. The amount of funds in the physical commodity.
“Equity Call” – Following an adverse market movement the request for additional funds to be transferred from the Client to support a transaction.
“Forced Liquidation” – Partial closure of complete closure of a transaction in physical commodities if the equity falls below a predetermined level.
“Order” – A transaction placed by the Client that is executed by EBLN DMCC
“Withdrawal” – When a client withdraws funds from his physical bullion trading account.
CLIENT PHYSICAL COMMODITY PURCHASE AND SALE AGREEMENT
The purpose of this agreement is to provide an account for the purchase and sale of physical commodities and physical commodity transactions.
Terms for the client for the purchase, sale and delivery of physical commodities.
CLIENT PURCHASE OF PHYSICAL COMMODITIES EBLN DMCC will advise the client of the full amount due at the time he or she wishes to purchase a physical commodity.
PHYSICAL DELIVERY OF THE COMMODITY TO THE CLIENT OR ON THE CLIENTS BEHALF EBLN DMCC will deliver the physical commodity upon receipt of clear funds on Client behalf as full payment for the purchase of the commodity or commodities. The client must also have paid for any applicable storage, delivery, taxes or any other fees due to EBLN.
OWNERSHIP OF THE PHYSICAL COMMODITIES The commodities purchased on behalf of the client, subject to any securities therein, will pass to the Client upon the event of the success delivery to the client, the clients designee that he or she has stipulated; or the depository the client has designated which will hold the physical commodity on behalf of he or she, the Client. Physical Commodities transferred to the direct depository for the client will be delivered as an unallocated share of a fungible lot and held safekeeping on a fungible basis with the physical commodities of other depository clients by EBLN DMCC on behalf of the customer or client.
UNALLOCATED METAL TRADING when client’s trade unallocated metal, the metal is not allocated to them in their name.
STORED INDIVIDUALLY ALLOCATED COMMODITIES Clients may, subject to potential additional premiums that may then be due, have their physical commodity products stored on an allocated basis with a depository and have their physical commodity allocation stored individually. In the event of the service companies default you would not be affected as you are the owner of the metal.
DELIVERY TO EBLN Commodities that are sold to EBLN DMCC, which are held with a depository may also be delivered by the depository to EBLN.
PHYSICAL COMMODITY PRICING POLICIES EBLN acts as a principal for transactions with a Client and as such sells to and buys from the Client on its own behalf. EBLN DMCC also buys and sells physical commodities to other physical commodity providers. EBLN is not an exchange. EBLN has the sole discretion to set the prices it may sell and buy physical commodities for from the Client. The London Fixing prices for physical commodities may be used to place buy or sell transactions on certain physical commodities – this is subject to the acceptance by EBLN DMCC. EBLN’s Ask and Bid prices are not necessarily tied to prices by any other organisation. Daily spot prices at the close of the day are calculated around the metal price lows of the day.
COMMODITY PRICE ADJUSTMENTS There may occasions where the Client may have to accept certain physical commodities in quantities that are not exactly the size and quantity purchased. Upon delivery of the physical commodity that has been delivered in a different quantity, the purchase price will be adjusted to the actual weight of the delivered physical commodity. At the time of delivery of the physical commodity, the overage of underage in quantity of the commodity will be priced of EBLN’s Ask or Bid price. Clients will be informed of this.
EBLN’s suppliers and sources are confidential. EBLN may use its suppliers or its own inventory to acquire commodities necessary to fulfil its obligations to the client. EBLN may obtain physical precious metals from London based suppliers who are active members of the London Bullion Market Association (LBMA).
In such cases as highlighted above the code of practice issues by the LBMA and the London Platinum and Palladium Market (LPPM) will be followed except where superseded by this agreement.
Clients have the option to specify precious metals to be purchased and delivered from or stored with a London based member of the LMBA and LPPM when allocated.
TRANSFER OF TITLE The majority of metal EBLN DMCC executes is unallocated and so is not allocated into a client’s name. In the event of EBLN DMCC ceasing trading options may be provided to the client.
CURRENCY OF CLIENT PURCHASE United States Dollars are generally the currency global commodity prices are generally quoted in. EBLN though may offer transactions and complete transactions in different currencies other than dollars such as British Sterling and the Euro. EBLN pay provide, for the reason of expediency a foreign exchange rate for the client which may be different from the foreign exchange rate the broker EBLN DMCC may ultimately get when the currency is exchanged through a foreign exchange broker at the discretion of EBLN. The client through EBLN will be provided an immediate spot foreign exchange rate have made available to him the amount of foreign exchange currency that is being recorded onto the trading account.
FORCE MAJEURE In the event of adverse conditions in the market place that are beyond the control of EBLN DMCC, or other factors also beyond the control of EBLN DMCC, including, but not limited to, acts of God; local, national and/ international emergencies; local, national and/ or international governmental actions; or suspension of trading contracts by commodity exchanges; or the delivery of the commodity underlying such physical commodity contracts; or the failure or delay of suppliers, the maximum time for delivery of such physical commodities by EBLN DMCC may be extended indefinitely during the period of such adverse conditions. EBLN will not be responsible for delays or failures in the transmission of transactions orders, receipt of transaction orders or the executive of such orders, payments, deliveries or information due to the incapacity, however long or failure of computer, transmission or communication facilities, which are beyond the control of EBLN.
EBLN DMCC RESPONSIBILITIES EBLN will at all times to the best of EBLN’s abilities endeavour in such times provide clients services as laid out in section one of the EBLN Terms and Conditions page 2.
CLIENT INSTRUCTIONS EBLN DMCC will rely upon instructions and orders given by the Client. In the physical commodities industry, it is standard practice that all purchases and sales are binding contracts and must be honoured. Once an order is placed by the Client to EBLN, and it is accepted by an EBLN representative, who must be authorised by EBLN, a contract is created.
NON-DISCRETIONARY TRANSACTIONS AND SERVICES EBLN will not exercise discretion in trading for a Client on his or her client account, except where otherwise allowed as per these EBLN DMCC Terms and Conditions.
CLIENT TAXATION CONSEQUENCES Tax responsibilities and consequences of physical commodity transactions with EBLN are and will always be the sole responsibility of the Client. Tax laws are subject to change, and the Client has the responsibility of consulting with his own tax advisors and legal advisers as regards the implication of taking physical delivery of physical commodities.
EBLN DMCC GENERATION OF MARKET LIQUIDITY when you the client decide to execute a buy or sell order for physical metal, EBLN will provide you a buy or sell price; this will be provided by means of a trade confirmation.
EBLN DMCC may not go to market and execute the corresponding buy or sell order immediately that corresponds to the clients buy or sell order. Any loss generated through the difference in price given to you, the client, and the price
EBLN received when actually executing the trade in the market will be borne by EBLN; as will any profit created if the metal is bought at a different time and the price has moved in the favour of EBLN DMCC the broker.
EBLN DMCC reserves the right to sell metal and purchase the metal back at a cheaper price that it is market maker and principal for; if the metal appreciates in price and EBLN has to purchase metal back to honour unallocated physical metal holdings, EBLN will be responsible for writing off and accounting for any loss that may be incurred.
EBLN reserves the right to securitise the deferred balance generated by its spot commodity trading activities and sell it as a product.
In the event EBLN DMCC becomes irreversibly insolvent, unallocated holdings that you the customer may be trading may be deemed an asset of EBLN DMCC and so may be at risk if the customer has not already transferred his holdings, and responsibility successfully to another trading firm through the wind down process.
5. AGREEMENT, POWERS AND REMEDIES OF EBLN
5.1 RIGHTS POWERS AND REMEDIES OF EBLN The powers, remedies and right provided to EBLN are cumulative and not exclusive of any other rights, powers of remedies that EBLN may also have.
5.2 ENTIRE AGREEMENT this agreement and acceptance of these terms and conditions constitutes the entire and whole agreement among is parties and is intended as a complete and exclusive statement of the terms and conditions of their agreement. This agreement and terms and conditions may be amended, but only if a replacement agreement and terms and conditions are executed, or in the event of the Client failing to object, within 5 working days, to modifications contained in the written material sent by EBLN to the Client.
5.3 SUPERCEDING OF ORAL REPRESENTATIONS This agreement and agreed terms and conditions shall supersede any oral representations between the parties involved.
5.4 SEVERABILITY OF THIS AGREEMENT In the event that a provision within this agreement and terms and conditions is determined in a court of law to be unenforceable in a particular jurisdiction, the enforceability of that provision/s shall be unaffected and remain enforceable in all other jurisdictions. If a provision in a jurisdiction is seen as to be unenforceable by a court of law the remainder of this agreement and terms and conditions shall be bringing upon the parties as if such provisions were not contained within.
6. COMMUNICATIONS TO CLIENT FROM EBLN
EBLN will communicate with the client regarding confirmations, transactions, client account statements and administrative matters by telephone and/ or email.
When involved with time sensitive matters, calls will be advised by telephone to the Client as possible and confirmed by email.
A staff representative who discusses assets with a client may, due to extraordinary reasons i.e., act of God or a pandemic utilise other mediums of communication to communicate with the client i.e., encrypted messaging services, additional non-firm email address
EBLN DMCC DEPARTMENTS
Within EBLN separate departments exist for back office functions and compliance, and a separate department for trading functions. Staff may operate from home and out of office and trading hours.
STORAGE AND SECURITY AGREEMENT
Property and Rights subject to Security Interest. As security for every Client transaction and the performance of all Client obligations hereunder, whether now existing or hereafter incurred. The Client hereby grants EBLN DMCC a security interest in each and every commodity the Client purchases from EBLN for any stored transaction unless delivery takes place.
CLIENTS INDIVIDUAL AUTHORITY. The Client who signs this agreement and is bound by these terms and conditions is authorised to deal fully with the account opened for the purposes of placing orders, receiving funds or commodities or otherwise. Any action taken by any such party shall be binding on all other parties with an interest in that account. Each such party shall hold EBLN DMCC harmless for relying hereon. All obligations of Client under these terms and conditions are joint and several.
Waiver. Failure to exercise or delay in exercising any right, power, or remedy hereunder by EBLN DMCC shall not operate as waiver thereof, nor shall any single or partial exercise of any right, power or remedy of EBLN hereunder preclude any other or future exercise of any other, right or remedy.
Authority of Depository to Act. The Client or Customer agreements that the Depository may act upon any instruction received from EBLN concerning delivery, transfer, and sale or depositing or Commodities held by Depository on Clients behalf.
OPERATION OF ACCOUNT
The impact of cumulative commissions and other charges. The Client should, before executing a transaction obtain from EBLN DMCC a clear explanation of commissions, fees, and spreads on the different physical commodities. This, you, the Client will be responsible for. For any subsequent transaction these charges will cumulatively have an adverse impact on your net profit or increase your loss on the position. You, the client, should always consider, as it is the Clients responsibility to withdraw any profitable transaction.
CLIENT CONFIRMATIONS AND MONTHLY STATEMENTS
EBLN DMCC will send to the client a confirmation email for each transaction
The Client, if he or she notices any literature that has any inaccuracies, must report it immediately to EBLN. Following the third working day following receipt all such literature will be deemed as correct.
STOP LOSS AND LIMIT ORDERS GIVEN TO EBLN BY THE CLIENT. Stop loss and limit orders will be accepted at EBLNs discretion and will only accept such instructions on the understanding that EBLN will exercise its best endeavours to execute such stop loss and limit orders and that there is no guarantee that the order will be executed at the price at which the stop loss or limit order is placed. EBLN, may, for the client be able to provide automatic stop loss or limit orders with suppliers. The Client must agree and understand that all stop loss and limit orders are subject to prevailing market conditions and slippage.
EBLN PRODUCTS FEES FOR PHYSICAL COMMODITY TRADING
Please see below a list of fees and charges. EBLN will, before the execution of any transaction on behalf of the client, explain the fees and charges to the Client.
SPREAD OF PHYSICAL COMMODITY – The spread varies per size, product, market conditions and location.
SERVICE FEE – 1.188% annually on total value of the asset. This is calculated and deducted on the first of the month on total value of the holdings at time of calculation.
STORAGE COSTS – Quote on order. This is charged on a daily basis and may be subject to VAT.
DELIVERY – This may be subject to VAT. Delivery charges depend on the product, the size and amount of the product and the delivery destination.
EBLN has a complaints policy which is available to clients upon request as per these terms and conditions. This ensures that any complaints arising out of this Agreement of these terms and conditions and operation of the Client account are and will be reviewed in a timely manner.
WITHDRAWAL OF FUNDS
If the client withdraws funds from their physical bullion trading account, and, but not limited to withdrawal funds from his or her open positions by reducing the equity in their physical bullion position. EBLN reserves the right to freeze withdrawals if there is an adverse market condition, liquidity problems, asset valuation issues or any other reason EBLN may encounter. EBLN will resume withdrawals from the precious metal trading account when such issues have been rectified.
FAILURE TO KEEP AML DOCUMENTATION UP TO DATE
When you open a physical metal trading account with EBLN you will be required to send in proof of identity and proof of address to adhere with anti-money laundering standards. You will also be required to continue to keep this documentation up to date with EBLN and up to date immediately upon request. If you the client do not keep your AML documentation up to date EBLN will suspend all action on the account, fund your account further or request a withdrawal from your account until the paperwork request is up to date. EBLN reserves the right to liquidate your unallocated metal holding if you do not meet anti money laundering reporting standards and do not action any requests EBLN may make. It is the clients responsibility to make sure this is up to date not EBLNs.
DELAYED PAYMENT OF FUNDS
If a client agrees a metal trade on his account and does not settle his metal trade within 48 hours the metal will be sold, and any loss or gain applied to his account. The metal is a spot purchase and so settles immediately and not at a future date.
FAILURE OF SETTLEMENT OF FUNDS AFTER DELAYED PAYMENT OF FUNDS
The loss may be deducted with any funds the client may have on their client trading account and may place the account in negative balance, owing then to EBLN DMCC. EBLN reserves to right to take legal action to recover the debt on the account if the client does not settle the negative status on their metal trading account. The client will not be able to engage in further physical metal trading activity until the position, during the settlement period if paid for, or, if there is a debt on the clients trading account the debt is settled.
LIMITATIONS OF EBLN LIABILITY AND INDEMINITY
EBLN DMCC shall not be liable to the Client in any way for the non-performance of its obligations hereunder or the failure to execute any contract in accordance with the instructions given by the Client as per these terms and conditions by reason of any cause beyond its reasonable control. The physical commodity markets can be volatile, and while EBLN will act in good faith, EBLN DMCC shall not be liable for any loss sustained as a result of any representation given by EBLN on any physical commodity transaction or course of action executed or followed by the Client whether following market information and intelligence or market research that was provided by EBLN or otherwise insofar as and then only to the extent that such a loss is caused by the negligence or default of EBLN that was proved to be wilful.
On demand of EBLN, the client shall indemnify and continue to indemnify from and against all liabilities, losses, costs, taxes, commissions, charges, and duties incurred or suffered by EBLN in the proper performance of its services or the enforcement of its rights hereunder, or as a result of:
Client defaulting on a payment of any amount under these terms and conditions when due
EBLN exercising its rights under this agreement to close out all or any part of a Client transaction before its applied settlement date.
Either the Client of EBLN exercising their right to terminate the agreement which is bound by these terms and conditions.
Freezing of funds assigned to pay for metal, that may be held in the business bank account or bank accounts of EBLN, that has not been paid for yet due to the bank carrying out checks, money laundering checks, or any other type of due diligence or checks financial institutions or enforcement agencies may undertake. In the event of this occurring EBLN is not liable for any damages or responsible for this occurring.
The Client represents to EBLN that, both on the date of the signing of the agreement and therefore agreement to these terms and conditions and at the time of the execution of each transaction instructed by the Client, that:
The Client has the full power and authority to enter into this agreement and be bound by these terms and conditions and all other terms and conditions pertaining to additional products and markets they he or she made trade on through third parties.
The Client had taken all the necessary steps to enable it to lawfully enter into this agreement and be bound by these terms and conditions.
The equity and or any other assets by way of security that is deposited by the Client for the Client obligations hereunder are beneficially owned by the Client and the Client will not create any charge or other encumbrances over or in respect of such funds or assets.
The Client will not attempt to utilise their account for any money laundering purposes.
The Client will, on request by EBLN provide such information as financial affairs and his position, information on business affairs and information on the Clients identity. It is the responsibility of the Client to provide as much information as EBLN requires and that all the information provided by the Client to EBLN is true.
The Client has read the risk disclaimer for physical commodity trading within these terms and conditions.
The Client understands that the purchase and sale of physical commodities involve risk as well as the creation of opportunities. The Client represents to EBLN that he or she understands that the market prices of physical commodities may at times be volatile and may be affected by a variety of factors including, but not restricted to political risks, both international and domestic, fluctuations in production and demand of physical commodities, speculative activity within the market, stockpiles, and general economic conditions as well as, but also not limited to the concern people have about these matters.
EBLN may not be able to contact the Client at all times necessary.
The Client has the responsibility to monitor their account and the market conditions that may affect their transaction/s.
It is the responsibility of the Client to contact EBLN. In the event of theft, it is the responsibility of the client.
The Client understands that his or her account with EBLN DMCC is self-directed. This means that the Client makes his or her own trading decisions; this also means the Client is responsible also for all of his or her own trading decisions, profits, and losses
If the Client believes that he or she has entered into an agreement that has not been authorised by the Client, or that a transaction should have been executed by EBLN on behalf of the client by has not be executed, the Client has the responsibility to notify EBLN immediately by telephone or by email. Such emails should be sent to email@example.com.
The client should not and will not be rude, treat a staff member of EBLN DMCC unfairly, bully, use profanity, threaten a member of staff in person and/ or on the telephone and has the responsibility to act with professionalism when speaking to a member of staff of EBLN DMCC regardless of the situation. If the customer / client fails to do this EBLN DMCC has the complete discretion to terminate the relationship between client and firm with immediate effect. The damage or unintended profit or loss this will cause will not be the responsibility of the firm and will be borne by the client, which was brought about by their failure to adhere to 11.13 of these terms and conditions.
EBLN DMCC may, at its discretion warn the customer/ client they are in breach of 11.13 of these terms and conditions and may provide the client an opportunity to change their treatment of the firm / and or its members of staff.
REGULATION OF PHYSICAL COMMODITY TRADING
Physical commodities are not deemed a specific investment as per the Regulated Activities Order. EBLN DMCC is not regulated by the Financial Conduct Authority.
This means that you are not eligible to any recourse under the Financial Services Compensation Scheme (FSCS) or any compensation scheme.
EBLN DMCC will provide Clients with assistance and support with their account and transactions.
Spot precious metals are not regulated they are not classed as a financial instrument.
The Agreement to these terms and conditions and these terms and conditions themselves constitute the entire agreement and understanding of the parties involved to its subject matter and the basis on which EBLN will enter into any contract with the Client and supersedes all previous written or oral correspondence and communication or understandings, whether it was informal or formal.
The Client cannot transfer this Agreement or any interest or obligation in or under this agreement without the prior written consent from EBLN DMCC. Any purported transfer as described above shall be null and void.
The Client has the responsibility to complete the EBLN DMCC Client Application form referring to these Terms and Conditions.
The Client certifies that the passport, identity card or documents provided, or driver’s license provided to EBLN for money laundering checks as per procedure are correct and the contents up to date.
EBLN DMCC reserves the right to amend these terms and conditions at any time, by providing notice to the client in writing. Any amendments made by EBLN as regards to these terms and conditions shall take effect from the date specified by EBLN but may not be retrospective or affect any rights or obligations that have already arisen before the amendments of these terms and conditions and have already been brought up in writing by the client. If EBLN makes an amendment to these Terms and Conditions the client will provided 5 working days’ notice prior to the amendment being made.
The rights and remedies provided in these terms and conditions and the indemnities contained, are cumulative and not exclusive of any rights or remedied provided by law.
The absence or failure on the part of any party bound by these terms and conditions to exercise, and no delay on its part in exercising, any right or remedy under these terms and conditions shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy preclude any other or further exercise thereof or the service of any other right or remedy.
EBLN and the Client agree to and consent to the following:
The electronic recording by either party of the telephone conversations between both parties;
The ability to use electronic recordings or transcripts from the electronic recordings as evidence by either party in any dispute or anticipated dispute between the parties or in the event of a situation relating to dealings between the parties; and
Electronic recordings or transcripts made by EBLN being destroyed as per internal policies.
Nothing contained within these terms and conditions should be seen or construed as an offer or invitation for EBLN DMCC to buy and sell commodities or an obligation to buy and sell commodities.
Notices sent to the Client by EBLN whether it be by email, writing and sent in the post or by telephone will be, as per these terms and conditions, effective immediately.
ARBITRATION. The Client agrees and consents that any claim, grievance, or controversy arising out of or relating to Client account, to transactions pursuant to this Agreement or the breach there of, shall be resolved by arbitration in accordance with the rules of any publicly recognised arbitration facility in the United Kingdom or facility of EBLN’s choice. Judgement upon any reward rendered by the arbitrators may be entered in any court having jurisdiction thereof. In agreeing to this agreement and by signing the Application Form, you:
You, as the Client are waiving your right to sue in a court of law; and
You, as the Client are agreeing to be bound by arbitration of any claims or counterclaim which EBLN may submit to arbitration under these Terms and Conditions.
Binding Terms and Conditions and Agreement. The provisions of these terms and conditions shall be continuous and shall be to the benefit of EBLN, its successors and assigns, and shall be binding upon the Client and/ or the estate, administrators, successors of Client and representatives. EBLN may assign its rights and delegate its duties as to any or all transactions under this Agreement. The Client shall not delegate any obligations hereunder without the prior written consent of a duly authorised employee of staff member of EBLN.
Any such delegation as per article 13.13 shall be null and void if not given consent by an authorised staff member of EBLN.
The Client’s funds are at all times maintained, until used for a Commodity transaction, at the account of market counterparty. To fund their account the client may need to fund to either a designated EBLN DMCC bank account, which in turn will then be transferred on to suppliers and financiers for payment of the metal.
FOREIGN EXCHANGE CONVERSIONS.
EBLN reserves the right and is entitled to, with prior notice provided to the Client; make any foreign exchange conversions between currencies that EBLN deems to be desirable and necessary. Any fluctuations in the value of Accounts as a result of foreign exchange rate movements shall be at the risk of the Client. The Client should be aware that trading commodities denominated in currencies other than that which the account is held, will be subject to fluctuations in value because of currency exchange rate movements on foreign exchange markets. EBLN will inform clients of such charges or conversions before any conversions take place.
LAW OF APPLICABLE COUNTRY.
The law that shall apply to these terms and conditions are the laws of the United Arab Emirates; provided that, if any England and Wales law shall dictate that the laws of another jurisdiction apply in any proceeding, such laws shall be superseded by this 13.17 paragraph. Nonetheless the remaining Laws of the United Arab Emirates that apply to these terms and conditions shall be, in a proceeding applied.
PRECIOUS METAL EQUIVALENTS.
EBLN DMCC may fulfil client exposures with Spot precious metals by purchasing the digital asset equivalent, which is physically backed by the precious metal, mirrors identically the spot price of the precious metal, can be converted into the precious metal upon request and is at all times backed by stored physical metal. EBLN reserves the right to open exposures within these “equivalents” to fulfil customer orders as well normal spot precious metals through physical exchanges.
PHYSICAL COMMODITY RISK DISCLAIMER
Trading on over-the-counter markets requires experience, knowledge, and skill. Buying and selling physical commodities is speculative and contains a varying degree of risk. EBLN DMCC is not regulated by the Financial Conduct Authority (FCA) and means that you will not have access to any Statutory compensation schemes. The buying and selling of physical OTC commodities, such as Gold and Silver are not a regulated product. This means that you are not eligible to any recourse under the Financial Services Compensation Scheme (FSCS) or any compensation scheme.
Past performance of physical commodities provides no indication of future performance. You should consider before you make any decision to purchase and trade within the over the counter spot markets your individual position financially.
The currency exchange rate fluctuations may also have an adverse effect on the value of transactions you may enter into with EBLN DMCC that may be traded in foreign currencies.
The reason spot commodity trading, and therefore spot gold and silver as well other precious metals are not regulated are because they do not fall under the definition of a “financial instrument” as defined by the Financial Conduct Authority glossary.
“Financial instruments”, which are regulated are defined as the below in the FCA glossary, which include.
(e) options, futures, swaps, forwards, and any other derivative contracts relating to commodities that must be settled in cash or may be settled in cash at the option of one of the parties other than by reason of a default or other termination event;
(f) options, futures, swaps, and any other derivative contract relating to commodities that can be physically settled provided that they are traded on a regulated market, an MTF, or an OTF, except for wholesale energy products (having regard to article 6 of the MiFID Org Regulation) traded on an OTP that must be physically settled where the conditions of article 5 of the MiFID Org Regulation are met;
(g) options, futures, swaps, forwards, and any other derivative contracts relating to commodities, that can be physically settled not otherwise mentioned in (f) and:
(i) not being for commercial purposes having regard to article 7(4) of the MiFID Org Regulation;
(ii) which have the characteristics of other derivatives financial instruments having regard to article 7(1) of the MiFID Org Regulation; and
(iii) not being spot contracts having regard to articles 7(1) and (2) of the MiFID Org Regulation.
Spot commodities, and in turn the trading of spot precious metals are not “financial instruments” and therefore not classed as a regulated activity.