The following terms and conditions (the "Secured Peer-to-Peer Loans Terms") must be read in conjunction with any other applicable supplementary terms imposed by us including but not limited to the Account Terms and Funding and Payment Terms, as may be amended from time to time, (collectively the "Terms of Service") which, together with these terms, constitute the terms and conditions that will govern your use and participation in the Platform.
You represent and warrant that:
We may, from time to time at our sole discretion and without notice or liability to you, restrict certain accounts, account types, or users from participating in the Platform either as a Borrower, Lender, or both as a result of a breach of any warranties or representations and in accordance with various risk factors, internal policies, laws, and regulations.
To secure the prompt payment to the Lender and the performance each covenant and obligations under these terms and the Loan Contract, each Borrower grants, pledges, conveys, and assigns to the Lender, a continuing security interest in and liens upon all of such Borrower's right, title and interest in the Collateral. The absence of any reference to these terms in any documents, instruments or agreements evidencing or relating to any obligation secured hereby shall not limit or be construed to limit the scope or applicability of these terms. Upon an indefeasible payment in full of the obligations secured hereby, all Collateral will be released from the security interest.
Loans have fixed start and end dates (i.e., Loan Start Date). To bridge the period between the Loan creation and the Loan Start Date, a Borrower may request for a Loan Advance for a sum not exceeding the amount receivable on the next Loan Start Date. A Loan Advance may also be requested to facilitate the repayment of a Loan by liquidating its Collateral.
Upon acceptance of your Loan Advance request, you acknowledge and agree to the following terms:
Lending Offers and Borrowing Requests are matched either (a) manually by accepting existing Lending Offer(s) or Borrowing Request(s), or (b) automatically by matching Lending Offers and Borrowing Requests. Automatic matching of Lending Offer(s) and Borrowing Request(s) happens once a request and offer are identified by our systems as an exact match based on all terms such as currency, start date, tenor, and Interest Rate. Such matching will be made on a first-in, first-out basis.
You may cancel all or part of an unmatched Lending Offer or Borrowing Request through the Website. Time-limited Lending Offers and Borrowing Requests will be automatically cancelled once their selected active time period has lapsed.
We reserve the right to cancel the following unmatched, partially matched Lending Offers or Borrowing Requests:
For bullion, electric vehicle metals, and S.T.A.R. Gram products, with a reliable active market, the valuation of collaterals carried out by us will generally be based on a product sum of the metal mass multiplied by the prevailing traded spot price. The Collateral Value of asset types using Market Based Valuation may change from time to time in response to the changes in the prevailing spot prices of such assets.
For other asset types such as luxury watches or jewellery, the valuation of collaterals will be carried out by our Qualified Subcontractors and will be based on several factors, including the retail price, secondary market price, brand, make, year produced, mechanical condition, cosmetic condition, and accessory sets. The Collateral Value of asset types using Fixed Valuation may not change from time to time.
Borrowers may prepay a Loan in full upon request. Partial repayment of a Loan is not allowed. The prepayment of a Loan will become effective within one (1) business day after the full outstanding loan balance, including the full interest and any fees due, is received from a Borrower. The locked Collateral will be released with immediate effect upon the full repayment of the amount due.
If any payment becomes due on a day that is not a Business Day, the Due Date of such payment will be brought forward to the last business day prior to the original Due Date.
Funds in settlement of its obligation under these terms must be received in the P2P Client Bank Account by 12:01 AM SGT on the relevant Due Date(s). Deficiencies in your Peer-to-Peer Account on the relevant Due Dates will be considered a Late Payment and subject to penalties under Clause 9.
Borrowers may "roll-over" a maturing Loan by obtaining a new loan from the Platform within seven (7) to ten (10) days prior to its Due Date.
Borrowers may request for the full repayment of a Loan through the sale of the Collateral. By requesting a Repayment through Collateral Liquidation, you accept and instructs Silver Bullion to:
In order to limit the knock-on effects of a Borrower’s failure to fully settle any of its payment obligations when they become due, Silver Bullion may appoint a substitute party ("Sweeper Fund Provider") to temporarily finance the deficiencies in a Borrower’s Peer-to-Peer Account. A Late Payment Penalty (as published on our Website) will be due from the Borrower should the temporary financing be extended by the Sweeper to cover any shortfall by the Borrower on the relevant Due Date(s).
When funds for the Late Payments are eventually credited to the designated P2P Client Bank Account, these funds will be credited to, or set-off against, any of such temporary advances made by the Sweeper, including any Late Payment Penalties.
A Loan shall be considered in default should the Borrower fail to meet its payment obligations and/or loan conditions. Default may be classified as (a) Debt Service Default, which occurs when the Borrower has not made the required payment (including any eventual Late Payment Penalties) of the principal or interest due and when such default in payment continues for the next four (4) Loan Start Dates or thirty (30) days, whichever is shorter, or (b) Technical Default, which occurs when the Borrower breaches any commitment, conditions, these terms or the terms of the Loan Contract.
A Debt Service Default shall include an event where:
A Technical Default shall include an event where:
Upon the occurrence and during the continuance of an Event of Default under Clause 9.2, Silver Bullion, acting on behalf of the Lender or Sweeper Fund Provider, shall immediately exercise any right, power or remedy permitted to the Lender or Sweeper Fund Provider, and shall have, in particular, without limiting the generality of the foregoing, the right to declare the entire principal, all interest accrued, and all other charges accruing on all obligations to be forthwith due and payable, without any presentment, demand, protest or other notice of any kind, all of which are hereby expressly waived by each Borrower.
Upon the occurrence and during the continuance of an Event of Default, Silver Bullion, acting on behalf of the Lender or Sweeper Fund Provider, shall exercise the rights and remedies of the secured party and sell the Collateral in the quantities/amounts required to recover the amount accruing from the defaulted Loan. Any excess proceeds realized from the sale shall be credited to the Borrower’s Peer-to-Peer Fund Balance.
To the extent permitted by applicable laws, each Borrower waives all claims, damages, and demands against us, Silver Bullion, the Lender, or the Sweeper Fund Provider arising out of the repossession, retention, sale, or disposition of the Collateral under these terms.
Collateral Liquidation be made in the following manner:
Each Borrower agrees to continually pay the storage fee accruing for the Parcel(s) and/or S.T.A.R. Gram holdings used as Collateral in accordance with the Terms of Service.
Each Lender agrees to be solely responsible for any past, present, and future taxes on the interest income earned from a Loan entered under these terms.
All warranties, representations, and covenants made by any Borrower or Lender herein shall be considered to have been relied upon by us and shall survive the closing of the Loan. These terms shall inure to the benefit of and be binding upon the heirs, successors, and assigns of each of the parties.
Save as provided for in these terms, rights, undertakings, agreements, duties, liabilities, and/or obligations arising from a Loan cannot be transferred to any party without the prior written consent of all parties involved, including Silver Bullion.
These terms, together with the Loan Documents, reflect the entire understanding of the parties with respect to the transactions contemplated hereby and shall not be contradicted or qualified by any other agreement, oral or written, before the date hereof.
The key terms that we use in this Secured Peer-to-Peer Loans Terms are in bold, including the following:
"Approved Purchaser" such purchaser that has been vetted and approved by us for its professionalism and qualifications to execute its tasks in a legal, timely and competent manner. Approved Purchaser may also act as a purchaser of last resort in a Liquidation Event.
"Business Day" means a day other than a Sunday or a public holiday in Singapore.
"Borrower" refers to a Silver Bullion Account that is eligible to participate in Platform and is borrowing or has borrowed in the Platform.
"Borrowing Request" refers to the request by a Borrower in the Platform, to borrow using precious metals or other assets under Silver Bullion’s custody as Collateral.
"Collateral" means the Parcels and/or S.T.A.R. Gram holdings used as security against a Loan.
"Collateral Coverage" refers to the ratio of the Collateral Value over the amount of money borrowed (e.g., the Collateral Coverage of a $100,000 Loan with $200,000 of collateral is 200%).
"Collateral Value" means the assigned value of the Collateral, as determined by our approved subcontractors or us under these terms.
"Due Date" means the day on or before which something must be done to comply with the obligations under these terms. The due date is always indicated and means that payment must be received on or before the specified date. Any references in the Loan Documents to a given Due Date shall mean local Singapore time (UTC +8).
"Event of Default" refers to circumstances where a Borrower is in breach of the loan conditions or is in default of his obligations and has failed to remedy the default in accordance with these terms.
"Interest Rate" means the simple interest rate (calculated on a non-compounded per annum basis) of the Loan expressed in percentage terms.
"Interim Interest" means the interest on the first year of a two (2) year Loan that is due after one (1) year of the Loan Start Date.
"Late Payment" refers to the receipt of funds in the designated P2P Client Bank Account on a date later than the Due Date.
"Late Payment Penalties" refers to the fees/charges levied to the Borrower under these terms for Late Payments.
"Lender" refers to a Silver Bullion Account that is eligible to participate in the Platform and is lending or has lent in the Platform.
"Lending Offer" refers to the offer of a Lender in the Platform, to lend money to a Borrower.
"Linked Bank Account" has the meaning set out in the Account Terms.
"Liquidation Event" means any event that entitles us, on behalf of the Lender, to conduct a liquidation of the Collaterals under these terms.
"Liquidation Threshold" means the minimum Collateral Coverage which, when met or passed below, will trigger a liquidation of the Collaterals.
"Loan" means such sums of money that have been lent by the Lender or Sweeper Fund Provider to the Borrower under the Secured Peer-to-Peer Loan.
"Loan Admin Fee" refers to the fee charged by Silver Bullion to Borrowers and Lenders for the provision of its services under these terms.
"Loan Contract" means the agreement between the Borrower and the Lender or the Sweeper Fund Provider to borrow or lend money under the loan conditions and these terms.
"Loan Documents" means the documents and schedules detailing the loan agreement between the Borrower and the Lender and their respective obligation. This includes the Loan Contract and these terms.
"Loan Start Date" refers to the date the Loan Contract starts, and the Loan is disbursed to the Borrower’s Peer-to-Peer Fund Balance and deducted from the Lender’s Peer-to-Peer Fund Balance.
"LTV" means the loanable amount as a percentage of the Collateral Value.
"Parcel" has the meaning set out in the Sale, Buyback, and Storage Terms.
"Peer-to-Peer Fund Balance" refers to your funds that are segregated and for use exclusively within the Platform.
"Platform" refers to the computer and/or internet-based service provided by us through our Website, which allows users, Lenders, and Borrowers to stay informed and transact with us. This includes all secure areas of the Website in addition to any technology made available to you.
"P2P Client Bank Account" is a segregated bank account that holds the funds of the users of the Platform.
"Qualified Subcontractor" an individual or a business contracted to perform part or all of our obligations that has been approved by us for its professionalism and qualifications to execute its tasks in a legal, timely and competent manner.
"Schedule of Charges" refers to the page on our Website that lists the standard fees and charges for our Services.
"Secured Peer-to-Peer Loan" refers to the service provided by Silver Bullion to allow S.T.A.R. Storage Account holders to borrow and lend using precious metals or other assets stored with Silver Bullion as collateral.
"Security" means any charge (whether fixed or floating, legal, or equitable), pledge, lien, assignment, by way of security or other security interest securing any obligation of any person or any other arrangement having a similar effect.
"S.T.A.R. Grams" has the meaning set out in the S.T.A.R. Gram Terms.
"S.T.A.R. Storage Account" has the meaning set out in the Account Terms.
To participate in the Platform through an Agent Platform, you agree that you will be required to have a S.T.A.R. Storage Account and you will be subject to the same account opening requirements as specified in the Account Terms. You expressly consent and instruct the Agent Platform Provider to facilitate your S.T.A.R. Storage Account application on your behalf and to communicate and/or share to us, personal and/or corporate information (on shareholders and beneficial owners, directors) or documents to facilitate the creation of your S.T.A.R. Storage Account. These personal information and documents will include, your full name, your residential address, your Linked Bank Account, your contact information, and all other information and/or documents we may deem necessary to open and approve your S.T.A.R. Storage Account. We reserve the right to reject your application for whatever reason and without prior notice.
By applying for a S.T.A.R. Storage Account through an Agent Platform Provider or by posting a Borrowing Request through an Agent Platform, you will be bound by all the terms and provisions set forth in the Loan Contract and the Silver Bullion Terms of Service.
To participate as a Borrower in the Platform, the item (e.g., luxury watches or jewellery) you wish to pledge as collateral must be submitted to the Agent Platform Provider for authentication, valuation, and acceptance as collateral. We reserve the right, at our sole discretion, to reject an item (e.g., luxury watches or jewellery) to be used as collateral.
As a condition of your participation as a Borrower in the Platform, you agree that the item (e.g., luxury watches or jewellery), will be retained in the exclusive possession and custody of Silver Bullion during the duration of the Loan for purposes of perfecting the security interest of the Lender. Silver Bullion’s custody of such Collateral is subject to Clause 4 of the Sale, Buyback, and Storage Terms, these terms and the Loan Contract.