Terms & Conditions

Last Updated: July 20, 2026

These website terms and conditions of use for swpcayman.com constitutes a legal agreement that is entered into by and between you (Customer, you or your) and Strategic Wealth Preservation, Ltd. (SWP, we, us, our). The following terms and conditions (Terms), govern your access to and use of, including any content, functionality, and services offered on or through swpcayman.com (Website) and any of its related applications, products and services (collectively, Services).

PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING THE WEBSITE OR USING THE SERVICES, AS THEY CONTAIN IMPORTANT ‎INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS, INCLUDING, BUT NOT ‎LIMITED TO, VARIOUS LIMITATIONS, EXCLUSIONS AND INDEMNITIES

By accessing the Website and using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you are entering into these Terms on behalf of a Legal Person, you represent that you have the authority to bind such Legal Person to these Terms, in which case the terms "Customer", "you" or "your" shall refer to such Legal Person. If you do not have such authority, or if you do not agree with these Terms in full, or if any representation made by you is not true, you must not accept these Terms and you may not use and must immediately cease accessing the Website and utilising any of the Services.

1. Confirming a Price

1.1 Customer Purchase Transactions

A price is confirmed at the time SWP provides a Confirmed Trade Confirmation to a Customer for the purchase of Precious Metals (online, by email, by telephone or in person). Should a Customer cancel a Customer Purchase Transaction after it has been submitted, the Customer may be liable for market loss repayments and administrative fees.

Subject to the conditions below, the price at the time a transaction is submitted will be confirmed, regardless of market fluctuations.

1.2 Transactions with a value greater than $125,000

Customers who have Transactions with a total value that is greater than $125,000 may be required to provide a 5% deposit of the total value of the Transaction in cleared funds with SWP in order to confirm a transaction purchase price.

1.3 Transactions with a value greater than $1,000,000

Customers who have Transactions with a total value that is greater than $1,000,000 may be required to provide a 25% deposit of the total value of Transactions in cleared funds with SWP in order to confirm a transaction purchase price.

1.4 Confirming a Price for Customer Sale Transactions

A price is confirmed at the time SWP gives a Confirmed Trade Confirmation to a Customer for the sale of Precious Metals (online, by email, by telephone or in person). Should a Customer choose to send Precious Metals to SWP along with a packing slip without confirming a price, the transaction will be completed at the market price once the package is received and processed. Should a Customer cancel a Customer Sale Transaction after it has been submitted, the Customer may be liable for market loss repayments and administrative fees.

For Customer Sale Transactions where the Customer has chosen to confirm a price prior to sending SWP the Precious Metals, SWP guarantees the confirmed price on the packing slip created only when the Customer package is postmarked within two (2) Business Days of the date the order is submitted and must be received within 10 Business Days.

Should the amount or type of Precious Metals received by SWP differ from what was originally submitted by the Customer, said deficit amount will be treated as a cancellation and market loss repayments and administrative fees will apply. If the Customer sends other products in addition to those initially submitted, Customer will be contacted by SWP to confirm a price for the additional products.

2. Payment and Funds on Account

2.1 Acceptable Methods of Payment and Adding Funds to an Account

At any one time, payment can be made and funds can be added to an Account using only one method in addition to funds on Account. Multiple bank wires or checks sent at the same time will not be accepted.

SWP may refuse payments or funds (in any form whatsoever) received from an individual or from an entity that is not the named account owner. Furthermore, SWP may request additional verification evidence before such payments or funds are applied to Customer’s Account.

SWP accepts the following as methods of payment:

• Orders below $2,500: Certified Check, Bank Draft, Bank Wire, ACH, Bitcoin, Ethereum and USDC.

• Orders above $2,500: Bank Wire, ACH, Bitcoin, Ethereum and USDC.

Certified check, Cashier’s check, Bank Draft, Teller Check, Official Check may be subject to a holding period of up to 15 Business Days from the date of receipt to ensure clearance.

Personal and business checks may be accepted on an exceptional basis at the discretion of SWP and will be subject to a holding period of 15 Business Days from the date of receipt to ensure clearance.

2.2 Payment Deadlines - Customer Purchase Transactions

Payments must be received by SWP no later than three (3) Business Days from the date on which a Confirmed Trade Confirmation is given.

If SWP does not receive payment within the deadline specified above, SWP reserves the right to cancel the Transaction, and the Customer will be liable for market loss repayments and other fees as set out below.

2.3 Bank Wires

SWP’s bank wire information, including details for its primary and secondary banking partners, is made available to the Customer upon request. Bank wire transfers must always reference the Customer’s Account for funds to be properly applied to said Account.

2.4 International Bank Wires

International bank wires may be subject to correspondent bank fees that are deducted while a wire is in transit. As SWP’s bank is simply the recipient bank, it is impossible to determine the fees that may be deducted by any correspondent banks. SWP strongly recommends that all Customers sending funds from a bank outside the United States and Canada include an additional amount on their bank wire to accommodate for any fees that may be deducted by a correspondent bank. The Customer should confirm with their banking institution the exact amount that may need to be included in the wire to cover all fees that may be deducted. SWP will always credit the entire amount it receives to the Customer’s Account. Should no fees be deducted, the entire bank wire amount will be credited to the Customer’s Account. Customers may also request confirmation of any correspondent bank fees upon initiation of a bank wire. SWP suggests Customers contact their banking institution for further clarification.

2.5 Funds Held on Account – Un-invested Customer Funds

Any Customer payments, pre-payments or funds on account received by SWP and which are un-invested shall be held on behalf of, and to the order of, the Customer in:

• a bank account maintained by SWP at SWP’s commercial bank or other financial institution approved by SWP; or

• separately designated short-term debt instruments backed by the U.S. Treasury Department with a maturity of one year or less (i.e., US Treasury Bill); or

• other low-risk, liquid financial instruments used to preserve capital including, but not limited to, money market funds, high-quality government and corporate debt, insured bank deposits and physical precious metals.

SWP shall not be liable to account for interest received on the Customer funds held at SWP’s commercial bank or other financial institutions approved by SWP or for any returns earned by SWP on the short-term debt instruments.

3. Proceeds from Customer Sale Transactions or Scrap Metal Transactions

Settlement options for Customer Sale Transactions are as follows:

• Check by regular mail (CAD and USD transactions only): $25.00 service fee

• Check by express courier (CAD and USD transactions only): $75.00 service fees

• Bank wire: $50.00 service fee

• Deposit to Customer Account: no service fee

• Conversion to Precious Metals products normally carried by SWP: service fees may apply

Once a payment option has been selected or if the option to convert to the Customer’s Account has been chosen, it cannot be altered for any reason.

Processing and settlement for Customer Sale Transactions may take seven (7) Business Days or more from receipt of Precious Metals into the Customer’s Account. However, note that settlement time may vary due to statutory and bank holidays, increased market activity or size of the Transaction. SWP provides no warranty with respect to how long processing and settlement for Customer Sale Transactions may take for any particular Transaction.

Due to anti-money laundering legislation in the Cayman Islands, SWP cannot forward the proceeds from any Customer Sale Transaction to an individual or entity who is not a designated account owner. Any payment from a Customer Sale Transaction into a Legal Person’s Account can be made in the Legal Person’s name only. For sole proprietors, payment can be made in the business name or the sole proprietor’s name, provided proper authorization documentation has been received by SWP. Note that for any single transaction, payment can be made by only one method in addition to funds on account.

4. Transaction Cancellations

When cancelling a transaction, market loss repayments may apply, as a submitted Transaction constitutes a binding agreement between SWP and the Customer. Applicable market loss repayments will be determined based on the following:

4.1 Customer Purchase Transactions

In the event a Customer Purchase Transaction is cancelled (whether by the Customer or by SWP for failure to receive payment in full within payment deadlines, as stipulated above), market loss repayments may be applicable. This fee is calculated based on whether there has been a decrease in the price of the Precious Metals (market loss) from the time the price is confirmed for a submitted Transaction to the time a Transaction is cancelled.

For Customer Purchase Transactions cancelled by SWP due to non-payment, market loss repayments will be calculated using the last available price fixing published by the London Bullion Market Association on the day that the payment deadline expires.

For Customer Purchase Transactions which are cancelled by the Customer, market loss repayments will be calculated using SWP’s live spot price at the time a cancellation request is submitted.

4.1.1 Decrease in Price of Precious Metals

In the event of a decrease in the price of Precious Metals, the market loss repayment will be equivalent to the difference between the original value of the Customer Purchase Transaction and its value at the time of cancellation.

4.1.2 Increase in Price of Precious Metals

In the event of an increase in the price of Precious Metals, a $100 fee will be applicable.

4.2 Customer Sale Transactions

In the event a Customer Sale Transaction is cancelled, whether by the Customer or by SWP, market loss repayments may be applicable. This fee is calculated based on whether there has been an increase in the price of Precious Metals from the time a transaction is submitted and the price confirmed to the time a transaction is cancelled.

Customer Sale Transactions for Precious Metals will be cancelled in 10 Business Days if product is not received by SWP. Customer must procure delivery of any product included in their Customer Sale Transaction or their Scrap Metal Transaction within two (2) Business Days of the date the price is confirmed.

For Customer Sale Transactions cancelled by SWP, market loss repayments will be calculated using the last available price fixing published by the London Bullion Market Association on the day that the deadline for receiving Precious Metals or Scrap Metal expires.

For Customer Sale Transactions which are cancelled by the Customer, market loss repayments will be calculated using SWP’s live spot price at the time a cancellation request is submitted.

4.2.1 Increase in Price of Precious Metals

In the event of an increase in the price of Precious Metals, the market loss repayment will be equivalent to the difference between the original value of the Customer Sale Transaction and its value at the time of cancellation.

4.2.2 Decrease in Price of Precious Metals

In the event of a decrease in the price of Precious Metals, a $100 fee will be applicable.

4.3. Cancellation at the Customer’s Request

Transactions may be cancelled at the Customer’s request, provided payment has not been received (or sent, as applicable) or settlement has not been issued in full. Should the Customer request a cancellation, the above cancellation policy will be considered in effect. Fees will be calculated based on SWP’s live spot price at the time a cancellation request is submitted.

4.4 Materials Sent Different from Those for Which Prices Were Confirmed

Should the amount or product received by SWP differ from that for which prices were confirmed by Customer, any deficit amount will be treated as a cancellation, and the above cancellation policy will be considered in effect. Market loss repayments will be calculated using the last available price fixing published by the London Bullion Market Association on the day the deficit is discovered.

4.4.1 Increase in Price of Precious Metals

In the event of an increase in the price of Precious Metals, the market loss repayment will be equivalent to the difference between the original confirmed price of the Customer Sale Transaction and the price on the date the deficit is discovered by SWP, multiplied by the number of pure ounces of which the Customer’s package was deficient.

4.4.2 Decrease in Price of Precious Metals

In the event of a decrease in the price of Precious Metals, a $100 fee will be applicable.

5. Unauthorized Transaction Requests

In the event that a Transaction is initiated when the Customer did not request the Transaction, the Customer must notify SWP immediately upon being made aware of the request so that SWP may begin examination of the claim without delay. In the event that SWP determines that the Transaction was unauthorized, the market loss repayments will be waived.

For Customers who are Legal Persons, in the event that a Transaction is initiated which the Customer believes has been initiated by its authorised representative without proper authority or made in an attempt to commit fraud (or other financial crimes), then in such case the Customer (or another representative of the Customer) must notify SWP immediately upon being made aware of the request so that SWP may begin examination of the claim without delay and take such other preventative measures as may be deemed appropriate. This may include cancelling the Transaction and freezing the Customer’s account. Market loss and other applicable fees may be payable in such circumstances.

6. Fees

The following section outlines the types of fees that SWP may charge the Customer in relation to Precious Metals, Account products and Scrap Metal Transactions. Depending on the Services used by the Customer (e.g. storage services) other fees may be applicable.

All fees stated in these Term are in US Dollars.

6.1 Administrative Fees

Returned Check

An administrative fee of $35.00, will be charged to Customer if a check (of any kind), bank draft or money order that Customer has sent to SWP has been returned. This includes, but is not limited to, checks returned due to fraud, NSF (Non-Sufficient Funds) in Customer’s account, ACL (Account Closed) or CNT (Cannot Trace).

Transaction Cancellations

In addition to applicable market loss repayments (if applicable), all Transactions cancelled will be subject to an administrative fee of $100.00.

Undeliverable Packages

An administrative fee of $100.00, will be charged to Customer in the event that Customer’s Precious Metals is bought back by SWP as a result of said Precious Metals being returned as undeliverable.

6.2 Fabrication Fees

The Customer may request a conversion from their Account to any corresponding Precious Metals product. In these cases, a fabrication fee may be applicable. Said fee may vary, depending on the physical product the Customer requests.

6.3 Shipping and Insurance Fees

Should the Customer request that SWP arrange for shipping or delivery of Precious Metals or should the Customer request or SWP be required to return any Precious Metals back to the Customer, shipping and insurance fees will be applicable. Quotes for shipping and insurance fees will be provided during the transaction process based on the value of the shipment, the type of products being shipped, the shipping method and the shipping destination. Taxes may apply to shipping and insurance fees.

All shipments prepared by Customer for delivery to SWP must be properly packaged and labeled in order to accelerate processing times and ensure the safe arrival of Customer packages. Detailed shipping and packaging instructions will be provided by SWP. Failure to properly package and label shipments sent to SWP may result in the insurer rendering insurance coverage void.

6.4 Large Shipments

For certain large shipments, standard shipping and insurance rates may not apply. Large shipments may include (without limitation) orders over $100,000 in value, orders containing 100 oz / 400 oz gold bars, or orders over 700 oz in total weight. For large shipments, a quote for shipping and insurance fees will be provided by SWP on a case-by-case basis.

Furthermore, SWP may recommend or require shipment via armored vehicle, which will require delivery to a business, bank, or depository service. If applicable, the Customer is responsible for all shipping and insurance costs for armored vehicle service. For further details, please contact SWP.

6.5 Taxes and Duties

Should the Customer request delivery of Precious Metals or should any package be returned to a location outside the United States or Canada, taxes and duties, including value added taxes (VATs), may be applicable, depending on the country of import. The Customer, in agreeing to these Terms, acknowledges that any taxes or duties, including VATs, will be the sole responsibility of the Customer and SWP will not be held liable for any fees. In the case taxes or duties, including VATs, are applicable, a minimum of $50 per shipment will be charged to the Customer.

6.6 Sales Tax

All fees quoted herein and on the Online Store are exclusive of sales tax. Taxes may apply on some Transactions. For more information, please contact SWP.

6.7 Exchange Policy

Customer may ask for the exchange of any Precious Metals products purchased from SWP in the event that the Customer is unsatisfied with said products. Customer must notify SWP of their desire to exchange their product(s) within three (3) Business Days of having received said product(s) from SWP. Products must be returned in their original packaging and all shipping and insurance costs shall be at the expense of the Customer.

All requests for exchange are subject to SWP’s approval and SWP reserves the right to reject a Customer’s request for exchange for any reason including, without limitation, lack of availability of the Precious Metals product(s) in question. Additional costs may be applicable in case of an exchange for a product with a higher premium.

6.8 Legal or Professional Fees

In certain circumstances, it may be required or deemed appropriate for SWP to engage outside legal or other professional expertise to review the merits or circumstances surrounding a Customer’s requests or actions with respect to a Transaction (or the cancellation thereof) or with respect to the Customer’s use of its Account or other Services. In such circumstances you agree that you will be responsible for all fees, costs and expenses incurred by SWP in connection with any such engagements of outside professionals.

7. SWP Storage

All Stored Items shall be held by SWP and shall remain the property of the Customer at all times. SWP shall cause Stored Items to be specifically identified and physically segregated at all times from coin, bullion, metals and other items in any form whatsoever belonging to anyone other than the Customer. For more detail, please refer to the SWP Storage Agreement, available upon request.

8. Advice

You acknowledge and agree that SWP has not offered or given and will not provide any investment advice in connection with any Transaction and has not offered or given any opinion with respect to the suitability of any Transaction made or which might be made by the Customer. The Customer warrants that SWP has not offered or given any investment advice to Customer in connection with the products and Services offered by SWP. In addition, SWP has not given Customer any opinion with respect to the suitability of any of its products or Services for Customer.

Information provided on the Website is not intended to provide legal, accounting, or tax advice, and should not be relied upon in that regard. It is the Customer’s responsibility to seek out any such advice.

9. Market Risk

The Customer’s attention is drawn to this clause.

Customers should carefully consider the suitability of Precious Metals as an investment choice before taking any decisions that may affect their financial situation.

The purchase and sale of Precious Metals involves a high degree of risk and is not suitable for all persons. The purchase and sale of Precious Metals provides no guarantee of interest, yield or return. Losses may be incurred both as a result of price devaluation and if price gains do not exceed applicable fees, including those charged herein. The Customer has read and understands these Terms and acknowledges that all risk of decline in the market value of any Precious Metals is the Customer’s risk and not that of SWP. If the Customer has any doubt as to the suitability of Precious Metals as an investment, the Customer should contact an independent legal or financial advisor.

10. SWP’s Rights

In addition to the rights contained in these Terms, and without limitation to such rights, SWP hereby reserves the following rights and the Customer acknowledges and agrees to the following:

• SWP may adjust ask and bid prices at any time without prior notice.

• SWP may withdraw or limit the products or Services provided by telephone, in person and/or on the Online Store, or may suspend the availability of the Online Store, or suspend the completion of Transactions submitted to SWP, without notice at any time.

• SWP may cancel or reject any order at any time for any reason.

• SWP may place limits on the amounts that may be offered for sale or the amounts that may be bought back by SWP in any 24 hour period.

• SWP may terminate a Customer’s ability to use the Services (or any portion thereof) at its sole discretion and may freeze an Account or liquidate and close an Account at any time for any reason including but not limited to the abuse of policy, criminal activity, circumvention of SWP’s web security services, and any other violation of these Terms or a violation of any other agreement entered into between the Customer and SWP. If the Customer has an Account, SWP will close the Customer’s Account and liquidate any Account holdings and send the Customer a check or bank wire.

11. Disclaimer as to Services

THE WEBSITE AND THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED.

YOU USE THE SERVICES AT YOUR OWN RISK.

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, SWP DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY (INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY AND NON-INFRINGEMENT). SWP DOES NOT REPRESENT OR WARRANT THAT FUNCTIONS CONTAINED ON THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

12. Limitation of Liability

The Customer’s attention is specifically drawn to this clause.

THE CUSTOMER AGREES THAT UNDER NO CIRCUMSTANCES WHATSOEVER WILL SWP, NOR ANY OF SWP’S RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS (SWP RELEASED PARTIES), BE LIABLE TO THE CUSTOMER, WHETHER IN CONTRACT, TORT (INCLUDING, FOR THE AVOIDANCE OF ANY DOUBT, NEGLIGENCE), BREACH OF STATUTORY DUTY, BREACH OF OTHER LEGAL OR CONTRACTUAL DUTY (WHETHER AT COMMON LAW OR EQUITY, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY QUINCARE DUTY), OR OTHERWISE, FOR ANY LOSSES, DAMAGES OR LIABILITIES SUFFERED OR INCURRED BY THE CUSTOMER (DIRECTLY OR INDIRECTLY) WHICH ARISE FROM OR ARE IN CONNECTION WITH THESE TERMS, THE PROVISION OF SERVICES BY SWP TO THE CUSTOMER OR THE CUSTOMER’S USE OF SUCH SERVICES (INCLUDING ACCESS AND USE OF THE CUSTOMER’S ACCOUNT) AND/OR ANY OTHER THING OR MATTER IN CONNECTION THEREWITH, INCLUDING ANY LOSSES, DAMAGES OR LIABILITIES FOR (A) ANY LOSS OF PROFITS, SALES, BUSINESS, SAVINGS, INVESTMENTS OR REVENUE, (B) LOSS OR CORRUPTION OF DATA, INFORMATION OR SOFTWARE, (C) LOSS OF BUSINESS OPPORTUNITY, (D) LOSS OF GOODWILL, OR (E) ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE LOSSES OR DAMAGES OR INTEREST, AND IN EACH AND EVERY SUCH CASE, IRRESPECTIVE OF WHETHER SWP OR ANY OF THE SWP RELEASED PARTIES HAD KNOWLEDGE THAT SUCH LOSSES, DAMAGES OR LIABILITIES MAY BE INCURRED OR SUFFERED (EXCLUDED CLAIMS).

THE CUSTOMER SPECIFICALLY ACKNOWLEDGES AND AGREES THAT THIS CLAUSE 12 IS INTENDED TO BE, AND SHALL OPERATE AS, A FULL AND COMPLETE LIMITATION OF LIABILITY IN FAVOUR SWP AND THE SWP RELEASED PARTIES AND FURTHER ACKNOWLEDGES AND AGREES THAT (I) THE LIMITATION OF LIABILITY CONTAINED IN THIS CLAUSE 12 IS AN INTEGRAL PART OF THESE TERMS AND A CONDITION TO SWP AGREEING TO PROVIDE THE CUSTOMER WITH THE SERVICES CONTEMPLATED HEREIN, (INCLUDING THE RIGHT TO ACCESS AND USE ITS ACCOUNTS AND THE ABILITY TO CONDUCT TRANSACTIONS) AND (II) WITHOUT THE FULL BENEFIT AND OPERATION OF THIS CLAUSE 12, SWP WOULD NOT HAVE PERMITTED THE CUSTOMER TO OPEN AN ACCOUNT OR MAKE USE OF THE SERVICES.

THE CUSTOMER AGREES TO INDEMNIFY AND HOLD HARMLESS SWP AND SWP RELEASED PARTIES AGAINST ALL ACTIONS, CLAIMS, DEMANDS AND PROCEEDINGS MADE AGAINST SWP AND/OR SWP RELEASED PARTIES AND ALL COSTS, EXPENSES, LIABILITIES, LOSSES AND ATTORNEY’S FEES INCURRED DIRECTLY OR INDIRECTLY BY ALL OR ANY OF THEM IN CONNECTION WITH THE EXCLUDED CLAIMS.

13. Reporting Obligations (Generally)

SWP does not report any Customer Transactions to the Internal Revenue Service (IRS), the Canada Revenue Agency (CRA) or any other tax authority; however, in certain circumstances SWP may be required to disclose information where directed by a governmental authority or in connection with litigation, provided always that SWP shall properly notify the Customer of the circumstances requiring such disclosure unless such is prohibited by order of the Grand Court or by law.

The purchase or sale of Precious Metals may be considered reportable as taxable income pursuant to a Customer’s own taxation obligations. It is the Customer’s responsibility to contact a financial advisor for further information about its specific tax obligations. SWP makes no warranty as to the taxation implications of the purchase and sale of Precious Metals (or the investments and holding thereof) and will not be held liable for any taxes incurred.

14. Technical Issues; Other Disclaimers

14.1 Negligence

All orders placed through the order entry system are taken on a best-efforts basis. SWP shall not be responsible for errors, omissions, negligence or inability to execute orders. Nor shall SWP be responsible for any delays in the transmission, delivery or execution of a Customer's order due to breakdown or failure of transmission or communication facilities, or to any other cause or causes beyond SWP's reasonable control or anticipation.

14.2 Possible System Failure

Order entry systems have been designed to provide an efficient and dependable method for entering orders. Commercial internet service providers are not 100% reliable and a failure by one or more of these providers may affect internet-based order entry. The Customer acknowledges that the order entry system is a mechanical system and as such may be subject to failure beyond the reasonable control of SWP.

14.3 Internet Security

We strongly recommend that Customers not include private and sensitive information in e-mails to SWP, including, but not limited to, account numbers, balances, passwords or electronic identification information. SWP will not be held liable for any losses, damages or liabilities suffered by Customers should they transmit confidential or sensitive information to us through e-mail. You acknowledge that internet communications cannot be guaranteed to be secure or error free as information can be intercepted, corrupted, lost, arrive late or contain viruses. SWP does not accept liability for any error or omissions which arise as a result of internet transmission.

14.4 Accuracy of Information

Occasionally there may be information on the Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, availability, and on the Website. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or if any information on the Services is inaccurate at any time without prior notice. No specified update or refresh date applied on the Services should be taken to indicate that all information on the Services has been modified or updated.

14.5 Links to Third-Party Sites

Although the Website or use of the Services may link to other resources (such as websites, mobile applications, etc.), we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked resource. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their resources. Your linking to any other off-site resources is at your own risk.

You should carefully review the legal statements and other conditions of use of any resource which you access through a link on the Website or while using the Services. We do not assume any responsibility or liability for the actions, products, services, and content of any other third-parties.

14.6 Modifications

We may add new features to the Website, remove existing features from the Website, or otherwise modify the Website and any content (including their functionality, "look-and-feel", universal resource locators and software components), all without notice to you.

15. Indemnification

You agree to indemnify and save harmless and keep indemnified and saved harmless SWP and all SWP Released Parties against any and all liabilities, losses, damages, costs or expenses, including attorney's fees (whether the same are recoverable on a taxation or otherwise) which arise out of or are in connection to (i) your breach of these Terms, (ii) a breach of any other agreement between you and SWP, or (iii) for any other illegal act done or caused by you.

16. Force Majeure

SWP shall not be liable for any failure to perform its obligations hereunder due to fire, computer viruses, network failure, computer hardware failure, explosion, flood, lightning, hurricanes, Acts of God, acts of terrorism, war, rebellion, riot, sabotage, orders or requests of any government or any other authority, legislative changes, strikes, lockouts or other labour disputes, or events or circumstances beyond its reasonable control. In such circumstances SWP shall (where possible) use commercially reasonable endeavors to mitigate the adverse effects or losses to the Customer as a consequence of such events.

17. Joint Accounts

For joint accounts with SWP, SWP is authorised to act on the instructions of any one (1) of the named joint account holders, without further enquiry with regard to any and all Transactions in any way related to the joint account and the disposition, transfer, deposit or withdrawal of any amount or of any or all of the funds held in the joint account. SWP shall have no responsibility or obligation for further enquiry into such apparent authority and shall bear no liability and disclaims all responsibility for the consequences of any acts or omissions (including negligence) made in reliance upon such instructions.

18. Legal Person Accounts

For Accounts held by Legal Persons, SWP is authorised to act on the instructions of such individual(s) listed as being authorised to provide instructions to SWP, without further inquiry with regard to any and all Transactions in any way related to the Legal Person’s Account and the disposition, transfer, deposit or withdrawal of any amount or of any or all of the funds held in such Legal Person’s Account. For clarity, SWP will not independently inquire into or verify the proper authority of any individual whom the Legal Person had indicated is authorised to provide instructions to SWP. SWP is entitled to fully rely upon the instructions provided to it by such individuals who are so authorised by the Legal Person and will specifically be under no obligation to independently verify that any such instructions provided to SWP from time to time are properly authorised, within the scope of such individual’s authority, are compliant with the Legal Person’s governing documentation and/or its investment objectives, that the instructions are error free or provided without ulterior motives, or whether the instructions are in the best interests of the Legal Person. For the avoidance of doubt, SWP is entitled to treat all instructions from and / or Transactions relating to a Legal Person as having been duly authorised by the Legal Person and shall not be liable to the Legal (or any third party) for any loss, damage or liability, whether direct or indirect, and howsoever caused, resulting from the instructions and / or Transactions.

19. Customer Obligation and Liability

19.1 Ownership and Authority

Customer hereby warrants that it is either the owner or the authorized agent of the owner of any Precious Metals sent or brought to SWP for the purpose of a Customer Sale Transaction. Customer further warrants that it is authorized to accept and is accepting these Terms not only for itself but also as agent for or on behalf of all other parties who have or may hereafter have any interest in said Precious Metals.

19.2 Compliance and Due Diligence

The Customer is responsible for complying with all laws of the jurisdiction from which the Customer accesses the Website or receives Services, and the Customer shall at all times be solely responsible for obtaining any authorizations required by any authoritative body, or complying with applicable laws, in such jurisdiction.

The Customer has carried out reasonable due diligence to ensure that the purchase and sale of Precious Metals (or any other items which may be purchased, sold or stored through the Services) as provided under these Terms is not contrary to any laws or regulations of the Customer’s governing jurisdiction, and that the acceptance of these Terms by the Customer and the entering into of a Customer Purchase Transaction or Customer Sale Transaction or Scrap Metal Transaction is not contrary to any federal, provincial, state or any other law or regulation applicable to the Customer.

19.3 Notification

If a Customer believes that any Transaction or balance recorded in their account is incorrect, the Customer must contact SWP immediately to notify SWP of suspected unauthorized use of Customer’s electronic identification information. Customers are responsible for ensuring the accuracy of the information displayed in their account, howsoever accessed. SWP will not be held liable should a Customer fail to disclose to SWP any unauthorized use or access of its electronic identification information and/or the Customer’s Account.

19.4 Intellectual Property, Trademarks, Logos

All of the intellectual property rights including without limitation trademarks, service marks, trade names, copyright and other rights used or embodied in the Website are and will remain the sole property of SWP (or its licensors where applicable).

All information and material supplied by SWP, constitutes part of SWP's confidential and proprietary information and no Customer accessing the Website or utilising the Services may reproduce, copy or disclose such information without the prior written consent of SWP. No Customer is granted any license to use or reproduce any intellectual property rights of SWP (or its licensors where applicable).

19.5 Prohibited Activities

Without limiting the generality of other clauses in these Terms or in any other agreement between the Customer and SWP, the Customer agrees not to:

• modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell or re-sell any information, software, products or Services obtained from or through the Services;

• use the Services for any commercial purpose, outside the scope of those commercial purposes explicitly permitted under these Terms (or any other applicable agreement between the Customer and SWP);

• violate the restrictions in any robot exclusion headers on the Services or bypass or circumvent other measures employed to prevent or limit access to the Services;

• deep-link to any portion of the Services for any purpose without our express written permission;

• “frame", "mirror" or otherwise incorporate any part of the Services into any other websites or service without our prior written permission;

• attempt to modify, translate, adapt, edit, decompile, disassemble or reverse engineer any software programs used by SWP in connection with the Website or the Services;

• circumvent, disable or otherwise interfere with security-related features of the Website or the Services; or

• use, or assist, encourage, or enable any third-party to use, any robot, spider, artificial intelligence (AI) system, or other automated device, process or means to access, retrieve, copy, scrape, aggregate, collect, download, or otherwise index any portion of the Services, except as expressly permitted by SWP.

20. Account Changes

20.1 Insolvency, Dissolution

In the event: (i) that a receiver, liquidator or trustee is appointed in respect of the property and assets of the Customer as a result of the latter’s insolvency, bankruptcy or dissolution, and (ii) that SWP is requested by the receiver, liquidator or trustee to remit any Customer holdings, the receiver, liquidator or trustee will direct any Customer holding liquidation requests to SWP. Any inquiries by the said trustee, liquidator or receiver regarding the present Terms (or any other agreement between the Customer and SWP) shall be directed to SWP.

20.2 Death of Customer

20.2.1 Individual Account

In the event of the Customer’s death, SWP will require full documentation of the Customer’s estate, including a copy of a death certificate, will or trust documentation, and any probate information. Upon confirmation of the Customer’s death, SWP will freeze the Customer’s account and act in accordance with the instructions of the trustee(s) of the Customer’s estate. It is the sole responsibility of the Customer to ensure that such documentation will be provided for in the event of death.

20.2.2 Joint Account

In the event of death of any one of the named Customers, the deceased Customer’s interest in the Account will pass automatically to the surviving Customer(s). It is agreed that in the event of death of one of the named Customers, the surviving Customer(s) shall immediately give SWP written notice thereof, and SWP may require such papers, retain such portion and/or take any measures it deems advisable, including restricting transactions or liquidating the joint account, to protect itself against any tax, liability, penalty or loss under any applicable laws. The estate of the deceased Customer and the surviving Customer(s) shall continue to be liable, jointly and severally, to SWP for any obligation incurred prior to SWP’s receipt of written notice of the death of such Customer or for any loss, damage, fees or costs incurred by SWP including attorney fees, in any dispute between the estate of a deceased Customer, the surviving Customer(s) or a third party.

20.3 Incapacity of Customer

20.3.1 Individual Account

In the event of the Customer’s incapacity, SWP will require full documentation of the Customer’s appointed attorneys or curator bonis, including applicable powers of attorney (or other appointment documentation), legal and/or medical opinions with respect to the Customer’s incapacity and the attorney’s or curator bonis’ authority to act, and any other information as may be requested. Upon confirmation of the Customer’s incapacity, SWP will freeze the Customer’s account and act in accordance with the instructions of the Customer’s appointed attorneys or curator bonis. It is the sole responsibility of the Customer to ensure that such documentation will be provided for in the event of incapacity.

20.3.2 Joint Account

In the event of the incapacity of any one of the named Customers, the deceased Customer’s interest in the Account will pass automatically to the remaining non-incapacitated Customer(s). It is agreed that in the event of the incapacity of one of the named Customers, the remaining non-incapacitated Customer(s) shall immediately give SWP written notice thereof, and SWP may require such papers, retain such portion and/or take any measures it deems advisable, including restricting transactions or liquidating the joint account, to protect itself against any tax, liability, penalty or loss under any applicable laws. The incapacitated Customer and the remaining non-incapacitated Customer(s) shall continue to be liable, jointly and severally, to SWP for any obligation incurred prior to SWP’s receipt of written notice of the incapacity of such Customer or for any loss, damage, fees or costs incurred by SWP including attorney fees, in any dispute between the attorneys of the incapacitated Customer, the remaining non-incapacitated Customer(s) or a third party.

20.4 Changes to Authorised Authority of Legal Person

In the event SWP is made aware of, or otherwise discovers, that an individual authorised to provide instructions to SWP on behalf of a Legal Person (Authorised Authority) has been removed, replaced or has deceased (Departed Authority), then the following provisions shall apply.

20.4.1 Departed Authority Approval Not Required

In the event of a Legal Person with multiple individuals who are Authorised Authorities where each of whom may individually (or otherwise without the need of the Departed Authority’s approval) provide instructions to SWP, then in such case SWP may continue to take instructions from the other Authorised Authorities.

20.4.2 Departed Authority Approval Required

In the event that the Departed Authority was the sole individual authorised to provide instructions on behalf of the Legal Person, or where the Departed Authority’s consent was required on all instructions to SWP, then in such case SWP will freeze the Customer’s account until it has received full documentation evidencing the appointment of a replacement individual authorised to provide instructions on behalf of the Legal Person, which may include such resolutions, consents and legal opinions as SWP deems necessary.

20.5 Fees

The Customer (or where applicable its estate and/or jointly and severally with applicable joint account holder(s)) agrees to pay for all losses, fees, costs and expenses incurred by SWP in reviewing and processing changes to the Customer’s Account, including any attorney fees needed to assess the documentation provided to SWP in support of the account changes sought and further agrees that any such amounts shall form a part of the monies owing by the Customer from time to time and payable to SWP.

21. Modification to Terms

We reserve the right in our sole discretion, and without notice to you, to revise and update these Terms from time to time. Any and all such modifications are effective immediately upon posting and apply to all access to and continued use of the Website and the Services. The date indicated above indicates when these Terms were last updated. If any modification is unacceptable to you, you may terminate your agreement to these Terms by ceasing accessing our Website or using the Services.

We will provide you with notice of any changes to these Terms by email, a notice on your Account or by such other manner we deem reasonably appropriate. Notwithstanding the foregoing, you agree to periodically review the Terms in order to be aware of any such modifications and your continued use shall constitute your consent and acceptance of such changes.

The information and material on this Website may be changed, withdrawn, or terminated at any time in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Website is restricted to you or unavailable at any time or for any period.

22. Applicable Law

There Terms shall be construed in accordance with and governed by the laws of the Cayman Islands applicable therein. The parties hereby irrevocably submit to the non-exclusive jurisdiction of the Courts of the Cayman Islands in respect of all matters or disputes arising from the Terms, except as otherwise specifically stated herein.

23. Binding Effect; Assignment

These Terms are binding upon the parties hereto and their respective successors, heirs, legal representative and permitted assigns. You may not assign, resell, sub-license or otherwise transfer or delegate any of your rights or obligations hereunder, in whole or in part, without our prior written consent, which consent shall be at our own sole discretion and without obligation; any such assignment or transfer shall be null and void. We are free to assign any of its rights or obligations hereunder, in whole or in part, to any third-party.

24. Severability

In any provision or part provision of these Terms is or becomes invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of these Terms shall not in any way be affected or impaired thereby and any such provision or part-provision shall be ineffective only to the extent of such invalidity, illegality or unenforceability.

25. Waiver

Our failure to insist upon or enforce strict performance of any provision ‎of these Terms will not be construed as a waiver of any provision or right. Neither the course of ‎conduct between you and us nor trade practice shall act to modify any provision of these Terms. ‎Our rights, powers and remedies in these Terms, including without limitation the right to suspend, ‎restrict or terminate your access to your Account or your use of any portion of the Services, are cumulative and in addition to ‎and not in substitution for any right, power or remedy that may be available to us at law or in ‎equity.

26. Interpretation

26.1 General

In these Terms, (i) the word “including”, the word “includes” and the phrase “such as”, ‎when following a general statement or term (whether or not non-limiting language such as ‎‎“without limitation” or “but not limited to” or other words of similar import are used with ‎reference thereto), is not to be construed as limiting, and the word “or” between two or more ‎listed matters does not imply an exclusive relationship between the matters being connected, and (ii) ‎all references to website addresses or URLs also includes any successor or replacement websites ‎containing substantially similar information as the referenced website(s). The headings shall not affect the interpretation of these Terms.

26.2 Defined Terms

Capitalized terms contained herein which are not otherwise defined shall have the following meanings:

Account means an account of any type which the Customer has opened with SWP;

Business Day means any day on which SWP is open for the conduct of Transactions;

Confirmed Trade Confirmation means a confirmation with respect to the price of the Precious Metals that are subject to a Transaction;

Customer Purchase Transaction means a transaction initiated by the Customer to purchase Precious Metals;

Customer Sale Transaction means a transaction initiated by the Customer to sell Precious Metals;

Dollars or $ means the lawful currency of the United States of America unless specified otherwise;

Legal Person means, collectively, any company, limited liability company, partnership, limited partnership, trust or any other corporate or legal entity that is not an individual;

Online Store means the online store made available through the Website which permits the purchase of Precious Metals by Customers;

Scrap Metal Transaction means a transaction involving the purchase or sale of scrap metal;

Precious Metals means gold, silver, platinum, palladium or other precious metal, whether coin, bullion or otherwise, which are made available for Transactions through the Website and the Services; and

Transaction means any transaction by the Customer involving the purchase, sale or exchange of value for Precious Metals or scrap metal.

27 Third-Party Rights

Except as expressly provided in clauses 12 and 15 of these Terms, a person who is not a party to these Terms shall not have any rights under the Contracts (Rights of Third Parties) Act, (as amended) of the Cayman Islands or any other applicable law dealing with rights of third parties, to enforce any term of these Terms.

28. Language

These Terms are only available in English and you agree that no other language will apply to these Terms.

29. Notification

Subject to our privacy policy, we may provide you with notifications via email, in hard copy, through your account, or through conspicuous posting of such notice on the Website or otherwise ‎as we may determine in our sole discretion.

30. Entire Agreement

Subject to any written agreement entered into by the Customer and SWP governing the provision by SWP of specific Services to the Customer (e.g. SWP’s storage agreement), these Terms constitute the entire agreement between the Customer and SWP with respect to the subject matter hereof and supersede and cancel any and all prior and/or contemporaneous offers, negotiations, promises, exceptions, understandings, representations or warranties, whether oral or written, express or implied between the Customer and SWP.