SECURED PEER-TO-PEER LOANS TERMS

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 this Secured Peer-to-Peer Loans Terms, constitute the terms and conditions that will govern your use and participation in the Secured Peer-to-Peer Loans Platform.

This Secured Peer-to-Peer Loans Terms will replace all previous terms and conditions relating to your use and participation in th e Secured Peer-to-Peer Loans Platform. Nothing in this agreement will supersede or vary any term set out in other terms and conditions governing our relationship with you.

Words importing the singular shall, where the context permits or requires, include the plural and vice versa. Words importing gender or the neuter shall include both genders and the neuter. Words importing persons shall, where the context permits or requires, include natural persons, any public bodies, and any body of persons, corporate or unincorporated.

1ELIGIBILITY

1.1
The Secured Peer-to-Peer Loans Platform is intended solely for S.T.A.R. Storage Accounts who satisfy the criteria described in these terms and are not otherwise restricted from participating in the Secured Peer-to-Peer Loans Platform.
1.2
Representation and Warranties of Participants

You represent and warrant that:

a)
you are solely responsible for ensuring that your use of the Secured Peer-to-Peer Loans Platform or making a lending commitment under these terms does not violate any laws or regulations applicable in your country of residence.

b)
you have carefully considered the risks involved in using our Secured Peer-to-Peer Loans Platform and understand that we do not provide any investment advice or other forms of advice, nor do we make any recommendations to you. We solely perform, on an "execution only" basis, the matching, processing, and administration of the Secured Peer-to-Peer Loans Platform.

c)
you acknowledge that the effective and efficient functioning of the Secured Peer-to-Peer Loans Platform is subject to all parties strictly complying with these terms and further specific instructions by us.

d)
you have the power and authority to execute, deliver and perform your obligations under the Loan Documents and the transactions contemplated by them. No limit on your powers will be exceeded as a result of the borrowing or the grant of the security contemplated by the Loan Documents.

e)
your execution, delivery, and performance of the obligations in and transactions contemplated by the Loan Documents do not and will not contravene or conflict with:
  • Any of your by-laws or constitutional document;
  • Any agreement or instrument binding on it or its assets or constitute a default or termination event (however described) under any such agreement or instrument; or
  • Any law or regulation or judicial or official order applicable to it.

1.3
When participating as a Borrower and in addition to any of your other representations and warranties under the Terms of Service, you further represent and warrant that:

a)
all Parcel(s) and/or S.T.A.R. Gram holdings being held as security hereunder are solely owned by you, do not represent proceeds of any criminal activity or tax crimes, are free and clear of any and all encumbrances, security interests, liens, and rights, and claims of third parties, including, without limitation, tax liens or claims and litigation affecting such asset, except the rights of under the Loan Documents.

b)
if you are not a natural person, you validly exist under the laws of your jurisdiction of incorporation/registration and are not prohibited from borrowing from the Secured Peer-to-Peer Loans Platform.

1.4
When participating as a Lender and in addition to any of your other representations and warranties under the Terms of Service, you further represent and warrant that:

a)
you are not carrying on money lending as a business and that you are not engaged in any activity that, in conjunction with your participation in this Secured Peer-to-Peer Loans Platform, might be construed as carrying on the business of money lending.

b)
if you are carrying on money lending as a business, you have obtained the proper license and/or permit from the relevant authorities in Singapore, and you have taken all the steps necessary for you to legally enter into a Loan Contract under this Secured Peer-to-Peer Loans Platform.

c)
you acknowledge and confirm that you have carefully considered the risks involved in lending money through our Secured Peer-to-Peer Loans Platform and that your participation is undertaken independently by yourself and at your own risk.

1.5
Restricted Accounts and Users

Silver Bullion may, from time to time, restrict certain accounts, account types, or users from participating in the Secured Peer-to-Peer Loans 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. We reserve the right at our sole discretion, without notice and without liability to you, to make such determination to restrict certain accounts, account types, or users from participating in the Secured Peer-to-Peer Loans Platform.

2OUR ROLE IN THE PEER-TO-PEER LOANS PROGRAM

2.1
You agree that any transaction under the Secured Peer-to-Peer Loans Platform is done directly between the Lender and Borrower, and at no time shall you, as a Lender, be lending money to us. We only carry out specific roles in the Secured Peer-to-Peer Loans Platform, which are described below:

a)
providing an online platform for the matching of Borrowing Requests of Borrowers and Lending Offers of Lenders and the creation of loan contracts between the parties;

b)
managing documentation;

c)
facilitating settlement including Events of Default;

d)
facilitating custody of Collaterals; and

e)
administration of the loan settlement.

2.2
You accept and agree that in the performance of our role in the Secured Peer-to-Peer Loans Platform, we shall have the right, at our sole good faith discretion, to:

a)
determine the types of assets that may be accepted as Collateral and the specific Loan-to-Value ("LTV") assigned to those types of assets;

b)
determine the methods of calculating the interest;

c)
determine the periods, currencies, interest rate increments, minimum loan amounts, and loan amount increments available in the Secured Peer-to-Peer Loans Platform;

d)
determine the pricing methodology for the valuation of Collaterals for the purposes of calculating the Collateral Coverage and buyback rates in a Liquidation Event;

e)
enter into agreements with subcontractors to perform any part of our obligations under these terms including the authentication, appraisal, or valuation of Collaterals;

f)
enter into agreements with third parties, for them to act as an Approved Purchaser for any part of the Collateral in a Liquidation Event; and

g)
approve third-party Agent Platform Providers to accept Borrowing Requests in the Agent Platform on behalf of its customers.

3FUNDING YOUR PEER-TO-PEER ACCOUNT

3.1
To participate as a Lender in the Secured Peer-to-Peer Loans Platform, you will be required to pre-fund your Peer-to-Peer Fund Balance. Your Peer-to-Peer Fund Balance may hold balances in Singapore Dollars, US Dollars, Euro, and any other currencies as may be added by Silver Bullion from time to time.
3.2
Customer funds under the Peer-to-Peer Fund Balance are held in a segregated P2P Client Bank Account. You may fund your Peer-to-Peer Fund Balance through a direct bank transfer to these designated P2P Client Bank Accounts. You may not fund your Peer-to-Peer Fund Balance by giving us cash, using debit or credit cards, or by paying using cryptocurrencies.
3.3
You agree that all banking charges both in Singapore and abroad shall be borne by you and shall be deducted/charged to your account. These banking charges include, but are not limited to:

a)
all fees charged by our banks in receiving your transfer of Singapore Dollars, US Dollars, Euro, and other acceptable currencies to our account;

b)
all wiring, handling, and other fees charged by the remitting and receiving banks;

c)
all fees charged by an intermediary bank; and

d)
all fees charged by any payment processing party.

3.4
If you hold a:

a)
personal account, you must fund your Peer-to-Peer Fund Balance or settle an expiring Loan Contract from a personal banking facility registered in your own name.

b)
joint account, you must fund your Peer-to-Peer Fund Balance or settle an expiring Loan Contract from a joint banking facility or from a personal banking facility registered under any of the joint account holders.

c)
business, trust, or IRA account, you must fund your Peer-to-Peer Fund Balance or settle an expiring Loan Contract from a banking facility under their respective names.

3.5
Funds held in your Peer-to-Peer Fund Balance are exclusively for the purpose of participating in the Secured Peer-to-Peer Loans Platform or for immediate withdrawal to your Linked Bank Account. We do not pay interest on balances held in your Peer-to-Peer Fund Balance. Funds deposited into your Peer-to-Peer Fund Balance but not used within 90 calendar days of our receipt may be returned without notice.
3.6
Where your Peer-to-Peer Fund Balance holds balances in currencies where our banking partners charge negative interest, you accept that we may charge you a Currency Holding Fee to cover the additional banking fees incurred to maintain bank accounts in those currencies. Such currency holding fee shall be calculated daily and billed monthly in the rate and manner specified in our Schedule of Charges as updated from time to time on our Website.
3.7
We may return funds, no matter the consequences, if we are not satisfied with its source and proceed to cancel the requested transaction or settlement. In case of doubt, we may contact you to seek additional information concerning the funds' source, which you agree to provide. You hereby agree and acknowledge that we are entitled to suspend the transaction until such additional information is received from you and is satisfactory to us. You shall be liable for all costs and expenses incurred by, directly or indirectly, us in connection with such suspension.

4BORROWING UNDER THE SECURED PEER-TO-PEER LOANS

4.1
You may borrow under the Secured Peer-to-Peer Loans Platform by submitting a Borrowing Request based on your preferred terms, including amount, currency, collateral, Interest Rate, and period or by accepting an existing Lending Offer. When a Borrowing Request is posted, all Parcel(s) and/or S.T.A.R. Gram holdings pledged as collateral for such request will be temporarily locked and cannot be sold or taken delivery of unless the Borrowing Request is cancelled while the request is still unmatched.
4.2
Once a Borrowing Request is filled/matched, and a Loan Contract is created, you agree and acknowledge that:

a)
you are now bound to the terms of the Loan Contract and that you will fulfil your obligations as the Borrower under these terms;

b)
you will not sell, assign, lease, convey, or grant any security or any third-party interest over the Collateral until the security interest over the Collateral is released;

c)
at Loan Start Date, the Loan amount will be credited to your Peer-to-Peer Fund Balance and, upon your request, transferred to your Linked Bank Account and/or Cash Balance;

d)
you will continually monitor the Collateral Coverage of your Loan to prevent such Collateral Coverage from falling below the Liquidation Threshold; and

e)
your failure to timely settle any obligations under these terms can have material financial consequences on the other parties involved in the transaction or the settlement thereof for which you will be held liable.

4.3
Grant of Security Interest

To secure the prompt payment to the Lender and the performance each covenant and obligations under these terms and the Loan Contract, each Borrower hereby 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.

4.4
Loan Advance

Loans have fixed start and end dates. To bridge the period between the Loan creation and the date that the loan proceeds become available to the Borrower – Loan Start Date, a Borrower can 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.

Once a Loan Advance request is accepted, you accept and agree that:

a)
you entered into a legal arrangement with the Sweeper Fund Provider wherein you will receive the Loan Advance amount (less fees) and pledges the proceeds of the upcoming Loan to the Sweeper Fund Provider.

b)
as part of the Loan Advance arrangement, the Sweeper Fund Provider is entitled to collect a fee of 0.50% of the Loan Advance amount and such fee shall be deducted from the Loan Advance proceeds.

c)
you have authorized us, Silver Bullion, to repay such Loan Advance to the Sweeper Fund Provider on the Loan Start Date from the proceeds of your Loan.

5LENDING UNDER THE PEER-TO-PEER LOANS PROGRAM

5.1
You may lend under the Secured Peer-to-Peer Loans Platform by submitting a Lending Offer based on your preferred terms, including amount, currency, Interest Rate, and period or by accepting an existing Borrowing Request. When a Lending Offer is posted, the equivalent amount will be temporarily locked as reserve funds from your Peer-to-Peer Fund Balance. From that moment onwards, you will not be allowed to withdraw or make use of the reserve funds until the Lending Offer is cancelled while the offer is still unmatched.
5.2
Once a Lending Offer is filled/matched and a Loan Contract is created, you agree and acknowledge that you are now bound to the terms of such Loan Contract and that you shall not be entitled to cancel the Loan or demand for early repayment, save for those provided under these terms. You agree that as a Lender, you irrevocably appoint us as your agent for the sole purpose of performing the following duties for as long as the Loan Contract you entered as a Lender, and these terms remain in force:

a)
to enter into negotiations and make agreements on your behalf relating to the individual terms of any Loan Contract entered into by you or that you are assigned or re-assigned to (as the case may be), provided that you do not receive less interest or enter into a longer term than that was agreed at the time you accepted the Borrowing Request;

b)
to manage the recovery processes where any Borrower has failed to make payments to you under any Loan Contract or where an Event of Default has occurred;

c)
to facilitate the establishment of a security interest over the Collateral on your behalf;

d)
to enforce your security interest over the Collateral on your behalf, when necessary;

e)
to enforce or procure to enforce the Loan Contract on your behalf; and

f)
to independently decide on and commence all recovery proceedings at our disposal against the Borrower on your behalf where there has been an Event of Default.

5.3
A failure by the Borrower to provide additional collateral when requested by us may trigger a Liquidation Event and, consequently, an immediate early repayment of the loan principal plus full interest from the proceeds of the collateral liquidation. You agree that you shall not be entitled to seize, acquire, or otherwise demand the transfer of ownership of the Collateral to you in lieu of the repayment or settlement of the Loan.
5.4
You agree that as a Lender, you are solely responsible for any past, present, and future taxes on the interest income you earned from a Loan entered under these terms.

6VALIDATION AND MATCHING

6.1
We will accept the posting of a Lending Offer only when there are sufficient funds in the Lender’s Peer-to-Peer Fund Balance for the relevant currency. Likewise, we will only accept the posting of a Borrowing Request when there are sufficient unencumbered Parcel(s) or S.T.A.R. Gram holdings in the Borrower’s S.T.A.R. Storage Account to serve as Collateral.
6.2
Matching of Lending Offers and Borrowing Requests

Lending Offers and Borrowing Requests are matched either (a) manually by accepting existing lending offers or borrowing requests, or (b) automatically by matching Lending Offers and Borrowing Requests. Automatic matching of Lending Offers and Borrowing Requests 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.

6.3
Cancellation of Lending Offers and Borrowing Request

You have the right at all times to send an online request through the Website to cancel all or part of a non-executed or unfilled Lending Offer or Borrowing Request that you have posted. Once executed or matched, Lending Offers and Borrowing Requests cannot be reversed or cancelled. Time-limited Lending Offers and Borrowing Requests will be automatically cancelled once their selected active time period has lapsed.

You agree that Lending Offers that have been partially filled/matched and are below the minimum amount for Lending Offers will be automatically cancelled. You agree that non-executed or unfilled Borrowing Request where the Collateral Coverage has decreased to 130% will be automatically cancelled.

When we cancel a Lending Offer or Borrowing Request that you have placed, we will inform you promptly by e-mail. You agree that we assume no liability for any loss or expense you will suffer or incur as a result of such cancellation.

7COLLATERAL AND VALUATION

7.1
Silver Bullion may, from time to time, allow different asset types under its custody to be used as Collateral under the Secured Peer-to-Peer Loans Platform. For the purpose of determining the loanable amount, LTV, or Collateral Coverage, Silver Bullion may, at its sole discretion, use Market Based Valuation or Fixed Valuation for different asset types.
7.2
Market-Based Valuation

For bullion, electric vehicle metals, and digital gold (i.e., S.T.A.R. Gold Gram) 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 will frequently change from time to time in response to the changes in the prevailing spot prices of such assets.

7.3
Fixed Valuation

For other asset types such as luxury watches or jewellery, the valuation of collaterals carried out by our Qualified Subcontractors will generally 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 will not frequently change from time to time.

7.4
By participating as a Lender, Borrower, or both in the Secured Peer-to-Peer Loans Platform, you agree to and accept the valuation methodology used by Silver Bullion or its Qualified Subcontractors for each asset type and assigned Collateral Value of each asset for the purpose of using such asset as security under these terms.

8REPAYMENT, MATURITY, AND ROLL-OVER

8.1
Early Repayment

Borrowers may prepay a Loan, in its entirety, by providing us written notice of such 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.

8.2
Loan Maturity and Repayment

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 before the original Due Date.

The Borrower agrees that funds in settlement of its obligation under these terms must be in the Peer-to-Peer Account by 12:01 AM SGT on the relevant Due Dates. Should funds in your Peer-to-Peer Account be insufficient to cover your loan commitment by 12:01 AM SGT on the relevant Due Dates, such deficiency will be considered a Late Payment and subject to Clause 9.

8.3
Roll-Over

As an alternative to sending funds, or if the Borrower is unable to do so in time, the Borrower can "roll-over" a maturing Loan by obtaining a new loan from the Secured Peer-to-Peer Loans Platform. Collaterals of a maturing Loan are unlocked seven (7) to ten (10) days before the Due Date to facilitate such roll-overs.

8.4
Repayment through Collateral Liquidation

A Borrower may request for the full repayment of a Loan through the sale of the Collateral, by providing us written notice of such request. By requesting a Repayment through Collateral Liquidation, the Borrower accepts and instructs Silver Bullion to:

a)
request for a Loan Advance (under Clause 4.4) to fully repay the Loan and effect the release of the security interest over the Collateral; and

b)
immediately initiate the sale of the Collateral Parcel and use the proceeds of the sale to repay the principal amount and all financing charges of the Loan Advance.

The Borrower accepts and agrees that the liquidation of the Collateral under this Clause 8.4 shall be made in the following manner:

a)
for bullion, electric vehicle metals, and digital gold (i.e., S.T.A.R. Gold Gram), the Collateral will be sold back to Silver Bullion at the prevailing buyback prices published on its Website at the time of sale.

b)
for other asset types such as luxury watches or jewellery, the Collateral will be sold back to an Approved Purchaser at the latest Collateral Value assigned to the Collateral.

9LATE PAYMENT AND EVENT OF DEFAULT

9.1
Late Payment and Sweeper Fund Provider

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, you accept and agree that Silver Bullion may appoint a substitute party ("Sweeper Fund Provider") to temporarily finance the shortfall and fund and effect the payment on behalf of the Borrower. The Borrower agrees that 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 dates.

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 as described in this section.

9.2
Event of Default

A Loan shall be considered in default should the Borrower fail to meet its payment obligations and/or loan conditions under these terms and the terms of the Loan Contract. Default under these terms can 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)
the Borrower fails to fully settle an Interim Interest and Loan Admin Fee (including any eventual Late Payment Penalties) that is due for a Loan, and when such default in payment continues for the next four (4) Loan Start Dates or thirty (30 days), whichever is shorter.

b)
the Borrower fails to fully settle the principal, interest, and Loan Admin Fee due and payable at Loan Maturity Date (including any eventual Late Payment Penalties) and when such default in payment continues for the next four (4) Loan Start Dates or thirty (30 days), whichever is shorter.

c)
the Borrower fails to fully settle a Loan Advance from the Sweeper Fund when it is due.

A Technical Default shall include an event where:

a)
the Collateral Coverage falls below the Liquidation Threshold.

b)
the Borrower grants any security or any third-party interest over the Collateral during the duration of the Loan.

c)
the Borrower becomes insolvent or becomes a party to any insolvency or bankruptcy proceeds or when there is an appointment of a liquidator, receiver, administrative receiver, administrator, compulsory manager, or other similar officers for its assets.

d)
any warranty, representation, or other statement made or deemed to be made by the Borrower under these terms is false or misleading in any respect.

e)
the Borrower fails to perform or observe any covenant, agreement, or duty contained in the Loan Contract or in these terms.

10DEFAULT REMEDIES

10.1
Acceleration

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, as the case may be, shall immediately exercise any right, power or remedy permitted to the Lender or Sweeper Fund Provider under these terms, 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.

10.2
Collateral Liquidation

Upon the occurrence and during the continuance of an Event of Default, Silver Bullion, acting on behalf of the Lender or Sweeper Fund Provider, as the case may be, shall exercise the rights and remedies of the secured party under these terms 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.

The Borrower accepts and agrees that the Collateral will be liquated in the following manner:

a)
for bullion, electric vehicle metals, and digital gold (i.e., S.T.A.R. Gold Gram), the Collateral will be sold back to Silver Bullion at the prevailing buyback prices published on its Website at the time of sale.

b)
for other asset types such as luxury watches or jewellery, the Collateral will be sold back to an Approved Purchaser at the latest Collateral Value assigned to the Collateral.

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.

11FEES AND CHARGES

11.1
We will charge fees in respect of the services provided to you under these and at the manner and rate specified in the Schedule of Charges (as amended from time to time) and shall be subject to other terms as specified in the Funding and Payment Terms. Fees charged under these terms shall include (without limitation) the following:

a)
Loan Admin Fee charged to Borrowers and Lenders for each Loan created under the Secured Peer-to-Peer Loan Platform;

b)
Agent Platform Fee charged to Borrowers when using an Agent Platform and to be paid to the Agent Platform Provider;

c)
Loan Advance Fee charged for using the Loan Advance facility and to be paid to the Sweeper Fund Provider; and

d)
Late Payment Penalty charged when payments are not received in full on the relevant payment Due Date. Such fee will be paid to the Sweeper Fund Provider.

12GENERAL PROVISIONS

12.1
Costs and Expenses

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.

12.2
Survival, Successors, and Assigns

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.

12.3
Transferability

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.

12.4
Integration

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.

13WHAT WE MEAN BY

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 Secured Peer-to-Peer Loan Platform and is borrowing or has borrowed in the Platform.

"Borrowing Request" refers to the request by a Borrower in the Secured Peer-to-Peer Loan 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 particular 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.

"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 Secured Peer-to-Peer Loan Platform and is lending or has lent in the Platform.

"Lending Offer" refers to the offer of a Lender in the Secured Peer-to-Peer Loan 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 valid agreement between the Borrower and the Lender or the Sweeper Fund Provider in the Secured Peer-to-Peer Loan Platform for a Loan.

"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 Secured Peer-to-Peer Loans 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 Secured Peer-to-Peer Loan 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. Gold Gram" has the meaning set out in the S.T.A.R. Gram Terms.

"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.

APPENDIX A - SUPPLEMENTARY TERMS WHEN BORROWING THOUGH AGENT PLATFORM

1ELIGIBILITY

1.1
Account Application Requirements

To participate in the Secured Peer-to-Peer Loans 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.

1.2
Agreement to be Bound

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 agree to enter a direct (legally binding) contractual relationship with Silver Bullion and to be bound by all the terms and provisions set forth in the Loan Contract and the Silver Bullion Terms of Service.

1.3
Authentication and Acceptance of Collateral

To participate as a Borrower in the Secured Peer-to-Peer Loans Platform, you agree that 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.

2BORROWING THROUGH AGENT PLATFORMS

2.1
You may borrow under the Secured Peer-to-Peer Loans Platform by accepting a Lending Offer on a lending offer displayed on the Agent Platform based on your preferred terms, including amount, currency, Interest Rate.
2.2
Once a Loan Contract is created, you agree and acknowledge that:

a)
you are now bound to the terms of the Loan Contract and that you will fulfil your obligations as the Borrower under these terms;

b)
your items (e.g., luxury watches or jewellery) shall become the Collateral for the Loan Contract in accordance with Clause 2.3 of Appendix A and these terms;

c)
the Collateral shall be transferred under the custody of Silver Bullion during the duration of the Loan Contract;

d)
you will not sell, assign, lease, convey, or grant any security or any third-party interest over the Collateral until the security interest over the Collateral is released;

e)
at Loan Start Date, the Loan amount will be credited to your Peer-to-Peer Fund Balance and, upon your request, transferred to your Linked Bank Account and/or Cash Balance;

f)
you will continually monitor the Collateral Coverage of your Loan to prevent such Collateral Coverage from falling below the Liquidation Threshold; and

g)
your failure to timely settle any obligations under these terms can have material financial consequences on the other parties involved in the transaction or the settlement thereof for which you will be held liable.

2.3
Grant of Security Interest

To secure the prompt payment to the Lender and the performance each covenant and obligations under these terms and the Loan Contract, you hereby grant, pledges, conveys and assigns to the Lender, a continuing security interest in and liens upon all your 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.

3COLLATERAL CUSTODY

3.1
Upon Silver Bullion’s receipt of the Collateral, Silver Bullion shall retain exclusive possession and custody thereof, subject to these terms and the Loan Contract, for purposes of perfecting the security interest of the Lender. Silver Bullion shall make appropriate notations in its records to reflect that the Collateral contained therein has been pledged to Loan Contract.
3.2
Ownership of Collateral

The secure storage and custody of the Collateral shall constitute a bailment agreement between the Silver Bullion and the Borrower, and the title and ownership of the Collateral shall remain with Borrower. In the event that Silver Bullion, or any subsidiary thereof, shall declare bankruptcy or be deemed to be bankrupt or any similar legal equivalent thereof, in no event shall the Collateral ever be considered or treated as part of the bankrupt estate of Silver Bullion.

3.3
Acceptance and Period of Responsibility

The responsibility of Silver Bullion for the Collateral under its custody shall commence upon its physical receipt of the Collateral for storage at the designated vault location and shall remain in effect until the Collateral have been physically released to the Borrower in accordance with these terms.

Upon the physical release of the Collateral to the Borrower, the bailment for such Collateral with Silver Bullion shall likewise terminate and the record keeping of the creation and termination of the bailment is to be performed by Collateral according to these terms.

4AGENT PROCESSING FEE

4.1
When participating as a Borrower through an Agent Platform, you agree that you will be separately charged with an Agent Processing Fee to cover the following services provided to you under these terms: a) collateral authentication, collateral valuation, storage and insurance protection of the collateral, and the provision of the borrower’s platform.
4.2
By participating as a Borrower through an Agent Platform, you agree and authorize Silver Bullion to deduct the Agent Processing Fee from the proceeds of your Loan and to remit the same to the Agent Platform Provider.