Terms & Condition

1. About These Terms

These Terms and Conditions (Terms) govern your use of the FirstGold website, mobile application, account and services, and transactions involving precious metals. They form a contract between you and FirstGold Pty Ltd (ABN 39 161 105 620). By creating an account, placing an order or using our services, you agree to these Terms.

Nothing in these Terms excludes, restricts or modifies any right, guarantee, condition, warranty or remedy that cannot lawfully be excluded, including rights under the Australian Consumer Law (ACL). If you are a consumer, these Terms apply subject to those rights.

2. Definitions

• Account means an account maintained by us for you to access transactions or services.
• Authorised Representative means a person you have validly authorised to act on your behalf.
• Business Day means a day other than a Saturday, Sunday or public holiday in New South Wales.
• Contract Confirmation means our written confirmation or tax invoice accepting an order.
• Metals means gold, silver, platinum and any other precious metal product we agree to supply or purchase.
• Order means an offer by you to buy or sell metals or acquire a service.
• Services include account administration, purchase, sale, storage, insurance coordination, transfer, delivery, assay or other agreed-upon services.

3. Eligibility and Account Registration

You must be at least 18 years old and have legal capacity to enter into these Terms. You must provide complete, accurate and current information and promptly notify us of changes. We may require identity, authority, source-of-funds or other verification before opening or continuing an account or processing a transaction. We may refuse an application or restrict an account where reasonably necessary for legal, compliance, fraud prevention, security, or operational reasons.

4. Your Account and Security

You are responsible for safeguarding your login credentials, using reasonable security precautions and reviewing account activity. You must notify us immediately if you suspect unauthorised access, fraud or a security incident.

We may rely on instructions authenticated through your account or provided by an Authorised Representative, unless we know or reasonably suspect they are unauthorised. We may pause instructions while we verify identity, authority or security concerns.

5. Order and Contract Formation

Website prices and market data are indicative until we issue a Contract Confirmation. Your Order is an offer. A binding contract is formed only when we issue a Contract Confirmation accepting the Order. The Contract Confirmation, these Terms and any specifically incorporated fee schedule or service terms form the contract for that transaction.

Once a price is confirmed, market movements do not permit either party to cancel merely because the market has moved. We may correct an obvious pricing, calculation or system error before acceptance. After acceptance, we may propose a correction only where there is a manifest error, and we must act reasonably, explain the error, and offer an appropriate remedy, which may include cancellation and refund where performance at the stated price is not reasonably possible.

6. Price, Premiums and Taxes

The purchase price may include the relevant spot price, premium, fabrication or supply costs and disclosed fees. A sale or buyback price may be below spot and will be confirmed before the transaction is binding. Unless stated otherwise, prices are in Australian dollars and include GST where GST is applicable.

Certain investment-grade precious metals may receive different GST treatment. You are responsible for obtaining your own tax advice.

7. Payment and Settlement

You must pay cleared funds in the amount and by the deadline stated in the Contract Confirmation, usually within 24 hours unless otherwise stated. We do not have to allocate, release, deliver or transfer Metals until cleared funds are received and verification requirements are met. You are responsible for bank charges or third-party payment fees disclosed to you.

8. Failure to Pay or Settle

If you fail to pay or settle on time, we may, after giving reasonable notice where practicable, cancel or close the transaction and recover our reasonable direct loss caused by your default, including the difference between the confirmed contract price and the reasonable market replacement or unwind price, plus reasonable external costs. We will take reasonable steps to mitigate loss. We will not impose a penalty or recover amounts unrelated to our actual or reasonably anticipated loss. Any administration fee must be disclosed before the contract is formed and reflect reasonable costs.

9. Title, Allocation and Risk

Title to purchased Metals passes as specified in the Contract Confirmation and, unless otherwise stated, only after cleared funds are received. Where Metals are stored for you, we will record your entitlement in our records and hold or arrange custody in accordance with the applicable storage terms. Risk for physical delivery passes when the Metals are delivered to you or your nominated recipient, unless the ACL or another law provides otherwise.

10. Delivery and Collection

Delivery or collection options, minimum product sizes, charges, identity checks, timing and insurance limits will be confirmed before despatch. Current website wording refers to collection or delivery in one-ounce units for gold and platinum and one-kilogram units for silver; confirm current operational practice. Estimated delivery times are not guarantees where delay is caused by supply constraints, verification, carriers, market disruption or events beyond reasonable control. We remain responsible to the extent required by the ACL.

11. Selling Metals to FirstGold

An indication of a buyback price is not binding until confirmed. We may require inspection, testing, proof of ownership, identity verification and cleared title before completing a purchase. Final pricing may reflect weight, purity, condition, assay, market price and disclosed charges. If Metals do not match the description provided, we may make a revised offer or return them at your reasonable cost, subject to law.

12. Market Risk and Information Disclaimer

Precious-metal prices can be volatile and may fall as well as rise. Past performance is not a reliable indicator of future performance. Website content, market commentary, calculators and price information are general information only and do not take account of your objectives, financial situation or needs. Unless expressly stated and lawfully authorised, FirstGold does not provide personal financial advice. You should consider obtaining independent financial, legal, taxation and accounting advice before transacting.

13. Website and App Use

You must not misuse our systems, attempt unauthorised access, interfere with security, introduce malicious code, scrape data contrary to our instructions, impersonate another person, infringe intellectual property, or use the Services unlawfully. We may suspend access where reasonably necessary to investigate security, compliance or misuse concerns.

14. Availability and Market Disruption

We may temporarily suspend quoting, trading, fulfilment or access where reasonably necessary because of extreme volatility, market closure, supplier or payment disruption, cyber incident, maintenance, legal restriction, force majeure or another event beyond our reasonable control. We will act reasonably, restore Services as soon as practicable and communicate material impacts where appropriate. Confirmed contracts remain subject to applicable law and any express rights in these Terms.

15. Intellectual Property

Unless otherwise stated, FirstGold or its licensors own the intellectual property in the website, app, branding and content. You may use content for personal, non-commercial purposes. You must not reproduce, modify, distribute or commercially exploit it without permission, except as permitted by law.

16. Third-Party Content and Links

Third-party price feeds, market data, links and content may be provided for convenience. We do not control third-party websites. To the extent permitted by law, we are not responsible for loss caused solely by third-party content, but this does not exclude liability arising from our own misleading conduct, negligence or non-excludable obligations.

17. Liability

To the maximum extent permitted by law, neither party is liable to the other for indirect or consequential loss that was not reasonably foreseeable at the time of contracting. This limitation does not apply to fraud, wilful misconduct, breach of confidentiality or privacy obligations, personal injury caused by negligence, infringement of intellectual property, or liability that cannot be limited by law.

Where a guarantee under the ACL applies, and liability can lawfully be limited, our liability for failure to comply may, at our option, be limited to supplying the Services again or paying the cost of having the Services supplied again or, for goods, replacing, repairing or supplying equivalent goods or paying the cost of doing so. This limitation does not apply where it would not be fair or reasonable or where the ACL does not permit it.

18. Indemnity

You indemnify us against reasonable direct loss arising from your unlawful use of the Services, fraud, wilful misconduct, material breach of these Terms, or instructions you were not authorised to give. This indemnity is reduced to the extent that our act or omission contributed to the loss and does not apply to the extent prohibited by law.

19. Account Suspension and Termination

You may request closure of your Account, subject to completing outstanding transactions, paying amounts due and arranging transfer, delivery or sale of holdings. We may suspend or terminate an Account on reasonable notice for a material breach, non-payment, security threat, legal or regulatory requirement, suspected fraud, prolonged inactivity or where we can no longer provide the Service. Immediate action may be taken where reasonably necessary to prevent harm or comply with law. Accrued rights and clauses intended to survive termination continue.

20. Complaints and Disputes

Please contact us first so we can try to resolve a complaint. We will investigate and respond within a reasonable period. Nothing in this clause prevents either party from seeking urgent relief or exercising rights under the ACL.

21. Changes to These Terms

We may amend these Terms for future transactions by publishing an updated version. For ongoing Services, we may make changes for legitimate business, legal, security or operational reasons. We will give reasonable prior notice of a material adverse change and, where appropriate, allow you to terminate the affected ongoing Service before the change takes effect. Changes do not retrospectively alter a confirmed transaction unless agreed or required by law.

22. Communications and Electronic Records

You consent to receiving contracts, notices and records electronically at the contact details associated with your Account. You must keep those details current. We may record telephone calls where lawful for verification, training, compliance and dispute resolution purposes and will handle recordings under our Privacy Policy.

23. General

If a provision is invalid or unenforceable, it is severed to the minimum extent necessary, and the remainder continues. A delay in exercising a right is not a waiver. You may not transfer your rights without our consent, not to be unreasonably withheld. We may transfer our rights as part of a genuine business restructuring or sale, provided this does not materially reduce your rights and subject to law.

24. Governing Law

These Terms are governed by the laws of New South Wales, Australia. The courts of New South Wales and courts entitled to hear appeals from them have non-exclusive jurisdiction. If you are a consumer, you may also have rights to bring proceedings in another jurisdiction under applicable law.

25. Contact Us

Privacy Officer: FirstGold Pty Ltd
Address: Suite 901, Level 9, CitiSite House, 155 Castlereagh Street, Sydney NSW 2000
Email: [email protected]
Telephone: 02 9020 5150