IMGOLD TERMS AND CONDITIONS FOR THE PURCHASE, SALE AND STORAGE OF BULLION
1.1 Definitions. In these Conditions, the following definitions apply:
|has the meaning given to it in clause 2.4|
Annual Storage Statement
|has the meaning given to it in clause 6.5|
|the application form completed by the Client and pursuant to which the Client agrees to accept the Conditions.|
|any member of the group of companies of which Isle of Man Bullion Limited is a member.|
|the party contracting with IMGold for the supply of Goods (and, if applicable, their storage).|
|a day (other than a Saturday, Sunday or public holiday) when banks in the Isle of Man are open for business.|
|Client Due Diligence as describedin clause 11.|
|the commission that IMGold charges for arranging the purchase of the Goods, as set out in the Price List.|
|the terms and conditions set out in this document.|
|the contract between IMGold and the Client for the sale and purchase of the Goods (and, if applicable, their storage), the terms of which
are set out in the Conditions, the Application Form, the Order, the Quotation and any other documentation completed by the Client or verbal
instruction given by the Client and accepted by IMGold.
|the release of the Goods to the Client or the Client’s agent at the Vault, and Deliver shall be construed accordingly.|
|IMGold makes the Goods available to the Client for Delivery. The Client bears all risk and costs starting at the time of Delivery, and is
responsible for making arrangements with its forwarder for loading the Goods, insurance, export clearance and handling all other paperwork.
Force Majeure Event
|has the meaning given in clause 9.|
|the goods (or any part of them) set out in the Order.|
|Isle of Man Bullion Limited with company registration number 126221C and having its registered office at 45 Victoria Street, Douglas, Isle
of Man, IM1 2LD.
Minimum Storage Fee
|the minimum annual fee payable to IMGold for storage of the Goods, as set out in the Price List. The Minimum Storage Fee is non-refundable,
even if the Client withdraws the Goods from storage at any time during the Term.
|the Client’s order for the purchase and (where applicable) the storage of the Goods, and for any other services requested offered by IMGold
as set out in the Price List. The Order may be given to IMGold verbally or in writing..
|the actual price of the Goods and (where applicable) the Storage Fees, the Commission, any applicable taxes and any other services
requested by the Client.
|the price list issued by IMGold from time to time indicating the Commission, the Storage Fees (where applicable) including any Minimum
Storage Fee, any applicable taxes, and fees for other services provided by IMGold as detailed on the list.
|IMGold’s quotation setting out an indicative price for the purchase and (where applicable) the storage of the Goods, the Commission, any
applicable taxes and any other services requested by the Client in the Order. For the avoidance of any doubt, this is an estimate only and
remains subject to market fluctuations.
|IMGold’s applicable specification for the Goods in place from time to time and set out in the Order.|
|IMGold’s service charges and fees for the storage of the Goods and associated charges, as set out in the Price List.|
|has the meaning given in clause 6.1.|
|has the meaning given in clause 6.1.|
1.2 In these Conditions, the following rules apply:
(a) A person includes a natural person and a legal person (corporate or unincorporated body, whether or not having separate legal personality).
(b) A reference to a party includes its personal representatives, successors or permitted assigns.
(c) A reference to a statute or statutory provision is a reference to such statute or provision as amended or re-enacted. A reference to a statute or statutory provision includes any subordinate legislation made under that statute or statutory provision, as amended or re-enacted.
(d) Any phrase introduced by the terms including, include, in particular or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms.
(e) A reference to writing or written includes letters, faxes and e-mails.
2.1 These Conditions apply to the Contract and will prevail at all times to the exclusion of any other terms that the Client seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
2.2 An Order constitutes a request by the Client to purchase the Goods in accordance with these Conditions. The Client is responsible for ensuring that the terms of the Order and any applicable Specification are complete and accurate.
2.3 Following receipt of the Order, IMGold shall provide the Client with a Quotation in respect of the Order, which constitutes an offer. The price of the Goods in the Quotation is indicative only and remains subject to market fluctuations.
2.4 If the Quotation is acceptable to the Client, the Client may accept it within 24 hours by requesting that IMGold executes the Order indicated in the Quotation (the Acceptance). IMGold shall then confirm that the Order was executed and issue an invoice to the Client, confirming the Price, which must be paid no later than 24 hours from the Acceptance (or such earlier time as may be indicated on the invoice). The Client shall make payment to IMGold.
2.5 The Client may cancel the Order by notifying IMGold in writing of the cancellation up to 24 hours after the Acceptance (or such earlier time as may be indicated on the invoice) and before the invoice is paid. The written notice must be received by IMGold within the 24 hour period to be effective. Any cancellation received outside of this 24 hour period shall not be effective and the Client will remain liable for payment of the invoice. With regard to references to the 24 hour period in this clause, time shall be of the essence.
2.6 The Client shall notify IMGold in writing of any change to its contact details during the Term by giving not less than three (3) Business Days’ notice to IMGold.
2.7 The Contract constitutes the entire agreement between IMGold and the Client. The Client acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of IMGold which is not set out in the Contract.
3.1 Except as otherwise provided in these Conditions, the provisions of clauses 3.2 – 3.5 shall only apply in respect of Goods not placed into storage with IMGold pursuant to clause 6.
3.2 Upon the date agreed in writing with the Client, the Goods shall be made available for Delivery on an Ex-Works Basis.
3.3 Notwithstanding the Ex-Works Basis on which the Goods are to be made available to the Client, the Client may request that IMGold arranges delivery of the Goods and, if IMGold agrees, additional and separate charges and terms shall apply.
3.4 If the Client fails to take Delivery of the Goods then, except where such failure or delay is caused by a Force Majeure Event or IMGold’s failure to comply with its obligations under the Contract, IMGold shall store the Goods until Delivery takes place, and charge the Client for all related costs and expenses (including insurance).
3.5 The Client has no right to cancel the Contract prior to Delivery of the Goods or them being placed into storage pursuant to clause 6 (as appropriate), otherwise than at the discretion of IMGold. In the event of any cancellation by the Client of the Contract the Client shall indemnify IMGold for all losses, charges, costs and expenses (including legal expenses) which IMGold may suffer or incur as a result of or in connection with any such cancellation including, without limitation, arising out of any adverse movement of the underlying metal price in respect of the Goods.
4.1 When dealing with a Client who is a consumer, IMGold warrants that the Goods shall be of satisfactory quality (within the meaning of the Supply of Goods and Services Act 1996) and fit for any purpose held out by IMGold.
4.2 Except as set out in these Conditions, all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Contract.
5. TITLE AND RISK
5.1 Subject to clause 6, the risk in the Goods shall pass to the Client upon Delivery.
5.2 Title to the Goods shall not pass to the Client until IMGold has received payment in full (in cash or cleared funds) for the Goods and sufficient identification and information as stipulated by IMGold to satisfy Isle of Man anti-money laundering regulations; see clause 11.
6. STORAGE OF GOODS
6.1 At such time as the Order is made pursuant to clause 2.2, the Client may request that the Goods be stored by IMGold at its secure vault located at its premises at 45 Victoria Street, Douglas, Isle of Man, IM1 2LD or such other third party secure vault(s) as utilised and deemed appropriate by IMGold from time to time (the Vault) and, where such request is accepted pursuant to clause 2.3, and subject to the Client providing sufficient identification and information as stipulated by IMGold to satisfy Isle of Man anti-money laundering regulations, IMGold shall store the Goods accordingly for the duration agreed (the Term) and thereafter on an annual basis until terminated in accordance with clause 6.6. In the event that IMGold ceases to carry on its vaulting operation at any time during the Term, IMGold shall be entitled to either terminate the Contract on one (1) month’s written notice (upon the expiry of which time IMGold shall reimburse the Client for any Storage Fees paid to IMGold representing the unexpired period of the Term, provided that the Minimum Storage Fee has been paid) or find an alternative Vault for the storage of the Goods.
6.2 Subject to clause 5.2, all right, title, interest and property in the Goods shall be, and shall remain, vested with the Client at all times that they are held in the Vault and IMGold shall cause such Goods to be specifically identifiable from coin, bullion and metal in any form whatsoever, the title to which is vested in any other person or entity.
6.3 The Client may withdraw any part of the Goods held in the Vault by giving 24 hours’ written notice to IMGold (the Requested Goods) provided that the Minimum Storage Fee has been paid. As soon as reasonably practicable following the expiry of such withdrawal request, IMGold shall upon the date agreed in writing with the Client, make the Requested Goods available for Delivery on an Ex-Works Basis (and the provisions of clauses 3.2 – 3.5 shall apply), subject to prior payment by the Client of any outstanding Storage Fees.
6.4 Subject to the foregoing and clause 8, risk in the Goods shall remain with IMGold at all times whilst the Goods are held at the Vault and up until the time of Delivery. The liability of IMGold shall terminate at the time of Delivery as a result of a written request to withdraw the Goods made by the Client, pursuant to clause 6.3. IMGold shall, at its own expense, insure the Goods held in storage against such risks as deemed appropriate by IMGold from time to time. Subject to clause 8, it is understood and agreed that IMGold’s liability for any loss, damage or destruction of the Goods is subject to the maximum amount of IMGold’s insurance coverage in place from time to time in respect of the Vault (details of such amount shall be made available to the Client upon request).
6.5 The Client shall pay IMGold such Storage Fees as set out in the in the Quotation (where applicable) or, in the event that the Client has requested storage after the purchase of the Goods, the Storage Fees must be paid in advance of IMGold accepting delivery to the Vault. For insurance purposes, the Storage Fees are calculated as per the value of the Client’s holding, therefore fluctuations in the storage fee may occur. IMGold will review this on a monthly basis by calculating value daily by the average of the two fixes, then the monthly average of the daily average value. IMGold will send the Client an annual statement, which advises the Client of any increase or decrease of this fee (the Annual Storage Statement). In the case of an increase of the storage fees payable, the Client shall pay such additional amount as may be specified in the Annual Storage Statement within fourteen (14) days of receipt of the Annual Storage Statement. In the case of a decrease of the storage fees payable, IMGold will off-set any balance set out in the Annual Storage Statement against the following year’s storage fees as set out in the Annual Storage Statement, or will reimburse the difference to the Client.After the initial payment, the Storage Fees will be payable in advance on an annual basis, and will be calculated annually by reference to the value of the Goods held in storage and the Price List in force from time to time. The Storage Fees may be varied at any time by IMGold on not less than one (1) calendar month’s written notice provided that the Client shall then be afforded the right to terminate this storage arrangement by serving fourteen (14) days’ written notice on IMGold at any time prior to the proposed new Storage Fees coming into effect. Without prejudice to any other right or remedy that it may have, if the Client fails to pay IMGold on any due date referred to in this clause 6.5 or clause 7.3, IMGold may charge interest on such sum from the due date for payment at the annual rate of 4% above the base rate from time to time of the Bank of England, accruing on a daily basis and being compounded quarterly until payment is made, whether before or after any judgement.
6.6 The arrangement for storage of the Goods shall continue until terminated. Either party may terminate the Contract by providing the other party with one (1) month’s written notice As soon as reasonably practicable following such termination, IMGold shall make the Goods available for Delivery (and the provisions of clauses 3.2 – 3.5 shall apply) subject to prior payment by the Client of any outstanding Storage Fees and subject to the Minimum Storage Fee. Where the Term is on an annual basis or otherwise has less than 12 months to run at the date of termination, IMGold shall reimburse the Client the Storage Fees already paid in respect of each unexpired month of the Term, subject to the Minimum Storage Fee.
6.7 At any time that the Goods are held in the Vault, or at the end of the Term, the Client may request that IMGold buys back the Goods (or part thereof) from the Client. If IMGold accepts (at its discretion) such request, it will value the Goods by reference to the LBMA daily fix rates and notify the Client of the price payable for the Goods in writing. Such price shall be binding on the parties. In the event that the Goods are sold to IMGold, IMGold shall make payment for the Goods within five (5) Business Days less any outstanding Storage Fees, including the Minimum Storage Fee. Title to the Goods shall pass back to IMGold as soon as such payment is made.
7. PRICE AND PAYMENT
7.1 The Price shall be set out in Quotation, subject to any market fluctuations occurring between the time when the Quotation was issued and the time of Acceptence, and having been calculated by reference to the Price List. All invoices for the Price and in respect of the Storage Fees (where applicable) will be subject to VAT where applicable.
7.2 IMGold shall not be required to arrange Delivery or store the Goods until payment in full in cleared funds in respect of the Goods and (as applicable) their storage or any other charges under these Conditions has been made.
7.3 The payment for the Goods should be made as soon as practicable after the Client has been provided with the invoice, and no later than 24 hours after the invoice has been sent. If applicable, the payment date for the Storage Fees shall be communicated to the Client by IMGold in the Quotation or following the Client’s request for storage, but in any case the Storage Fees must be paid to IMGold in advance of receipt of the Goods at the Vault.
7.4 IMGold reserves the right to request, and the Client may request to make, payment on account in advance of any potential Order. Where payment is made by the Client on account pursuant to the Conditions, such funds will be held in IMGold’s client account, being an account which is separate from the general business account of IMGold.
7.5 In the event that the Client fails to pay IMGold the Price or the Storage Fees on any due date for payment then, without prejudice to any other rights and remedies afforded to IMGold including those set out in clause 6.5, IMGold shall be entitled to sell, at any time and at any reasonable price, such part of the Client’s Goods stored in the Vault as are needed to raise funds to enable IMGold to satisfy in full the outstanding payment(s).
8. LIMITATION OF LIABILITY
8.1 Nothing in these Conditions shall limit or exclude IMGold’s liability for:
(a) death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors (as applicable);
(b) fraud or the fraudulent misrepresentation of IMGold;
(c) breach of the terms implied by section 9 of the Isle of Man Supply of Goods and Services Act 1996;
(d) defective products under the Isle of Man Consumer Protection Act 1991; or
(e) any matter in respect of which it would be unlawful for IMGold to exclude or restrict liability.
8.2 Subject to clause 8.1:
(a) IMGold shall under no circumstances whatsoever be liable to the Client, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the Contract;
(b) IMGold’s total liability to the Client in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the Price except in respect of any losses arising under clause 6 of these Conditions in which case total liability shall be limited to the market value of the Goods as at the date of the loss arising (subject to clause 6.4 and clause 8.2(c)); and
(c) IMGold shall not be liable to the Client for any losses arising under clause 6 of these Conditions to the extent that such loss is not covered or is otherwise excluded under IMGold’s insurance policies in place from time to time. IMGold will furnish the Client with a copy of its insurance policies relating to the Vault, upon request.
9. FORCE MAJEURE
9.1 A party shall not be in breach of the Contract, nor liable for any failure or delay in performance of any obligations under the Contract arising from or attributable to acts, events, omissions or accidents beyond its reasonable control (Force Majeure Event), including but not limited to any of the following:
(a) acts of God, including but not limited to fire, flood, earthquake, windstorm or other natural disaster;
(b) war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, breaking off of diplomatic relations or similar actions;
(c) terrorist attack, civil war, civil commotion or riots;
(d) nuclear, chemical or biological contamination or sonic boom;
(e) fire, explosion or accidental damage;
(f) adverse weather conditions;
(g) the acts or omissions of IMGold or sub-contractors caused by events outside IMGold’s control.
10.1 Assignment and subcontracting:
(a) IMGold may at any time assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights or obligations under the Contract.
(b) The Client may not assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights or obligations under the Contract without the prior written consent of IMGold.
(a) Any formal or legal notice or other communication given to a party under or in connection with the Contract shall be in writing, addressed to that party at its registered office (if it is a company) or its principal place of business (in any other case) or such other address as that party may have specified to the other party in writing in accordance with this clause and clause 2.4, and shall be delivered personally, sent by pre-paid post, recorded delivery, commercial courier, fax or e-mail.
(b) A notice or other communication shall be deemed to have been received: if delivered personally, when left at the address referred to in clause 10.2(a); if sent by pre-paid post or recorded delivery, at 9.00 am on the second Business Day after posting; if delivered by commercial courier, on the date and at the time that the courier’s delivery receipt is signed; or, if sent by fax or e-mail, one (1) Business Day after transmission.
(c) The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
(a) If any court or competent authority finds that any provision of the Contract (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of the Contract shall not be affected.
(b) If any invalid, unenforceable or illegal provision of the Contract would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.
10.4 A waiver of any right or remedy under the Contract is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default. No failure or delay by a party to exercise any right or remedy provided under the Contract or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.
10.5 Investment advice The Client understand and agrees that as part of the Contract or any transactions under or in connection with it, IMGold has not undertaken a duty to supervise or advise on the Client’s investment in, or to make any recommendation to the Client with respect to, the purchase, sale or other disposition of the Goods.
10.6 Third party rights A person who is not a party to the Contract shall not have any rights under or in connection with it by virtue of the Isle of Man Contracts (Rights of Third Parties) Act 2001 or otherwise.
(a) Where the Client is a retailer or reseller, the Client hereby agrees to market the Goods in such a way as to support and reinforce their high quality image and reputation and to operate the highest standards of display appropriate for goods of this nature.
(b) All catalogues, literature, advertisements, brand imagery, photography and other promotional copy (including internet or other electronic material) of the Client incorporating references to IMGold, its business name or any of its intellectual property or involving the Goods shall be submitted by the Client to IMGold for written approval at all stages prior to printing, use or publication. No onward sales of the Goods may be made by the Client by mail order, catalogue or via the internet without the prior written approval of IMGold. The Client agrees to request in writing from IMGold guidance on the presentation of the Goods on any internet site. The Client shall comply with all guidance issued by IMGold including guidance on page layout, font, colour, file types, security, the use of copyright, material and logo manipulation (the Web Design). The Client cannot use the Web Design or publish it via any internet site without the prior written approval of IMGold.
(c) The Client agrees not to market the Goods in a manner that is defamatory or detrimental to the reputation of IMGold including, without limitation, its goods, services or employees. With regard to any onward sale of the Goods by a Client acting as a retailer or reseller, the Client shall take all appropriate steps to ensure that the third party purchaser agrees to be bound by the restrictions set out in this clause 10.7 as if they were an original party to the Contract.
(d) In the event of any breach of this clause by the Client, the Client shall indemnify IMGold for all losses, charges, costs and expenses (including legal expenses) which IMGold may suffer or incur as a result of or in connection with any such breach.
10.8 Except as set out in these Conditions, any variation to the Contract, including the introduction of any additional terms and conditions, shall only be binding when agreed in writing and signed by IMGold.
10.9 Governing law and jurisdiction:
(a) The Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with, the laws of the Isle of Man.
(b) The Isle of Man Courts shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this Contract or its subject matter of formation (including non-contractual disputes or claims).
11. CLIENT DUE DILIGENCE (“CDD”)
11.1 On completion of the Application Form, the Client must provide CDD to IMGold to ensure its compliance with anti-money laundering legislation from time to time in force including, inter alia, the Isle of Man Proceeds of Crime Act 2008 and the Isle of Man Money Laundering and Terrorist Financing Code 2013.
11.2 IMGold may subsequently request verification of information provided pursuant to the Application Form and additional information during the Term to ensure IMGold’s on-going compliance with applicable anti-money laundering legislation from time to time in force. .
12. DATA PROTECTION & PERSONAL INFORMATION
12.1 All information that is collected by IMGold is held for specified and lawful purposes in accordance with the Isle of Man Data Protection Act 2002. IMGold will endeavour to ensure that the details it holds in respect of the Client are accurate and kept up to date.
12.2 Under the Isle of Man Data Protection Act 2002 the Client has the right to access certain personal records held about it by IMGold . If the Client wishes to exercise this right, it should write to the ‘Data Protection Officer’ at IMGold’s Isle of Man office. IMGoldwill charge a small administrative fee in accordance with its Price List.
12.3 In order for IMGold to provide the Client with its services it will collect, use, share and store personal and financial information (the Client’s Information), including information received by IMGold from the Client and third parties such as employers, joint account holders, credit reference agencies, fraud prevention agencies or other organisations when the Client completes and Application Form, or provided to IMGold any other time. By accepting these Conditions, the Client consents to IMGold obtaining information from such third parties. The Client’s Information will be kept confidential and secure.
12.4 Where the Client provides personal and financial information about others, it confirms that it has their consent or is otherwise entitled to provide this information to IMGold and for it to be used in accordance with the Conditions.
12.5 IMGold will only disclose the Client’s Information to its Associated Companies either with the Client’s express consent or for any of the following legitimate business purposes to which by purchasing the Goods the Client agrees:
§ to comply with IMGold’s legal and regulatory obligations;
§ to prevent, detect or investigate the commission of a criminal offence or a suspected criminal offence;
§ to gather information as part of an investigation by a regulatory body or in connection with a legal claim;
§ to ensure compliance with applicable legal, regulatory and corporate governance requirements and with IMGold’s policies and procedures;
§ to respond to requests for records from regulatory bodies or other authorised parties;
§ to detect, investigate and enforce suspected breaches of our policies and procedures;
§ to investigate a complaint or otherwise to establish the existence of facts in the context of business transactions or communications;
§ to ensure efficient operation, management and security of IMGold’s communications networks and systems;
§ to check the quality and quantity of IMGold’s employees’ work; or
§ to monitor interactions between the Client and IMGold for training purposes. Please note that if IMGold becomes aware of any unlawful activities, information or content, it may remove or disable access to the relevant information and report the information to appropriate authorities.
12.6 IMGold will also use the Client’s Information for the legitimate business purposes referred to in clause 12.5.
12.7 IMGold may use the Client’s Information to inform the Client by letter, telephone, text (or similar) messages, email and other electronic methods about products and services (including those of others. The Client may notify IMGold in writing pursuant to clause 10.2 at any time if it does not wish to receive marketing communications from IMGold.
12.8 IMGold will retain information about the Client after the termination of the Contract or if the Order is not accepted for as long as permitted for legal, regulatory, fraud prevention, financial crime and legitimate business purposes.
12.9 Telephone calls may be recorded for security, quality control and training purposes.
12.10 The Client agrees to provide IMGold promptly with any change of address or other change in personal details. If the Client fails to do so promptly, or not at all, IMGold shall not be liable for any loss arising as a result. IMGold shall update and correct the Client’s Information as soon as reasonably practicable after receipt of such details.
13.1 IMGold has written procedures for handling Client complaints fairly and promptly. If the Client has a complaint, it should contact IMGold by post, phone, email or in person or obtain a copy of the complaints handling procedures.
13.2 If IMGold is unable to resolve the Client’s complaint in a timely or satisfactory manner the Client may wish to seek legal advice or contact the Isle of Man Office of Fair Trading.
14. IN THE EVENT OF THE CLIENT’S DEATH
14.1 In the event of the Client’s death, the Client’s next of kin or their representative will have to obtain a grant of representation in the Isle of Man. IMGold will require sight of the proof of death document and grant of representation, or a certified copy of these documents in order to take further instructions in relation to the Goods. Any powers of attorney will cease to be valid on the death of a Client.
14.2 Once the Client’s personal representative has obtained a Manx grant of representation they can advise IMGold as to how they wish to deal with the Goods.
14.4 In order for IMGold to meet its legal and regulatory responsibilities and internal policies and standards relating to anti-money laundering legislation from time to time in force, the Client’s personal representative and any new beneficial owners of the Goods must meet the requirements of clause 11 of these Conditions.
15. changes to THE conditions
IMGold may vary the Conditions at any time. It will, however, give the Client written notice of one (1) calendar month before it does so. Unless the Client notifies IMGold in writing to the contrary, the Client will be deemed to have accepted the amended Conditions.