milways gold

Please read the following terms and conditions before accessing or using the services offered by MILWAYS GOLD LIMITED (“MILWAYS” or “us“) on the website located at https://milways.gold/ (“Website”) and its application (“App”). Where the context so requires, the term “Platform” refers to the portion of the Website and the App that makes available to you the products and services provided by MILWAYS.‍MILWAYS provides the Platform features to you, the user, subject to your acceptance of the following Terms and Conditions of Access and Use (“Terms”), constituting an agreement between us (“Agreement“). If you continue to use the Platform or communicate with us, you will be deemed to have accepted these Terms.‍Please read these Terms carefully. MILWAYS may revise these Terms from time to time and at any time, without notice to you. If you do not agree to be bound by these Terms, as modified from time to time, you should leave the Platform immediately. The section titles in these Terms are for convenience only and have no legal effect.

PRODUCTS AND SERVICES

Products and services and offers /features thereto are serviced and governed by MILWAYS at its sole discretion.The users are requested to conduct their own due diligence before buying / selling MILWAYS’s products and services through the Website and App.

ACCEPTANCE OF DISCLAIMERS AND EXCLUSIONS

You acknowledge that the disclaimers and exclusions of liability set forth in these Terms represent a fair and reasonable allocation of the risks and benefits of the Agreement between you and us, taking all relevant factors into consideration. You agree that these disclaimers and limitations shall be enforceable to the fullest extent permitted by law of Hong Kong. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Platform or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.‍ These Terms shall be read in conjunction with the Business Rules of MILWAYS and of the Platform. MILWAYS may revise these Business Rules from time to time and at any time, without notice to you.

BUSINESS RULES

‍The Platform shall facilitate purchase and sale of Gold with each of its specific users (such users are referred to as “Registered Members”). Registered Member can buy / sell any quantity of gold on the Platform.MILWAYS shall provide buy / sell rates of Bullion. Registered Members shall have the option to either sell the Bullion to MILWAYS at the prevailing market prices.

COPYRIGHT

All content included on the Platform such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of MILWAYS or its content suppliers and is protected by international copyright laws. All software used on this site is the property of MILWAYS or its software suppliers and is protected by international copyright laws. The content of the Platform cannot be copied, reproduced, republished, uploaded, posted, transmitted or distributed for any non-personal use without the prior written approval of MILWAYS. Graphics, logos, page headers, button icons, scripts, and service names contained in or features on the Platform are trademarks of MILWAYS. MILWAYS’s trademarks may not be used in connection with any other product or service, in any manner that is likely to cause confusion, disparage or discredit regarding MILWAYS and its products and services. All trademarks not owned by MILWAYS that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by MILWAYS.

DISCLAIMER OF WARRANTIES

The Platform and all information, content, materials, products (including software) and services included on or otherwise made available to you through the Platform are provided by MILWAYS an “as is” and “as available” basis, unless otherwise specified in writing. MILWAYS makes no representations or warranties of any kind, express or implied, as to the operation of this Platform or the information, content, materials, products (including software) or services included on or otherwise made available to you through this Platform, unless otherwise specified in writing. You expressly agree that your use of this Platform is at your sole risk. To the full extent permissible by applicable law, MILWAYS disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. MILWAYS does not warrant that this Platform, information, content, materials, products (including software) or services included on or otherwise made available to you through this Platform, their servers, or electronic communications sent from MILWAYS are free of viruses or other harmful components. MILWAYS will not be liable for any damages of any kind arising from the use of this site or from any information, content, materials, products (including software) or services included on or otherwise made available to you through this Platform, including, but not limited to direct, indirect, incidental, punitive, and consequential damages, unless otherwise specified expressly in writing.

DISPUTES

‍Any dispute or claim relating in any way to your visit to the Platform or to products or services sold or distributed by MILWAYS through the Platform will be resolved first by arbitration. Cap. 609 Arbitration Ordinance of law in Hong Kong SAR applies to this agreement. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim in detail to our address available on the Platform. The arbitration will be conducted in Hong Kong by an independent arbitrator appointed by MILWAYS. The costs of arbitration proceedings will be borne by the party so instructed by the arbitrator, on merits of the case. We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action.

ELECTRONIC COMMUNICATIONS

‍When you visit the Platform or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We may communicate with you by one or more of letters, e-mail, SMS or by posting notices on the Platform. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy all legal requirements that such communications be in writing.

EQUIPMENT

‍You shall procure and maintain all communication and other equipment necessary to access the Platform and the costs of any such equipment and communication connections or use, including any applicable taxes, shall be borne solely by you. You are responsible for operating your own equipment used to access the Platform.

FINANCIAL TRANSACTIONS AND TAXES

‍If you wish to make any financial transactions on the Platform, including paying for products or services, you may be asked for payment information. You agree that all information you provide is accurate, complete and current and that you will pay all charges owed, including any applicable taxes. You agree that you are solely responsible for any personal income reporting and tax payments required of you by applicable government authorities.

GOVERNING LAW AND JURISDICTION

‍By visiting the Platform, you agree to be bound by the law of Hong Kong. This Agreement has been executed and delivered in Hong Kong, and its interpretations, validity and performance shall be construed and enforced in accordance with the laws of Hong Kong, without regard to principles of conflict of laws, and shall be subject to the exclusive jurisdiction of courts in Hong Kong.

INDEMNIFICATION

‍You agree to indemnify, defend and hold MILWAYS harmless from all claims, damages and expenses (including attorney’s fees) made by any third party arising out of your content, your use of the Platform, your connection to the Platform, your violation of this Agreement, these Terms or business policies, and the development, operation, maintenance, use and contents of this Platform.

INDEPENDENT INVESTIGATION

‍You acknowledge that you have read these Terms and agree to them in entirety. You understand that we may at any time (directly or indirectly) solicit member referrals on terms that may differ from those contained in this Terms. You have independently evaluated the desirability of associating with the Platform or of participating in its programs or of availing its services and/or products, and are not relying on any representation, guarantee or statements other than as set forth in this Terms.

LICENSE AND SITE ACCESS

‍MILWAYS grants you a limited license to access and make personal use of this Platform and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of MILWAYS. This license does not include any resale or commercial use of this Platform or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This Platform or any portion of this Platform may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of MILWAYS. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of MILWAYS without its express written consent. You may not use any Meta tags or any other “hidden text” utilizing MILWAYS’s name or trademarks without the express written consent of MILWAYS. Any unauthorized use terminates the permission or license granted by MILWAYS. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the Platform so long as the link does not portray MILWAYS, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any MILWAYS logo or other proprietary graphic or trademark as part of the link without express written permission.

LIMITATION OF LIABILITY

You expressly agree that use of the Platform is at your sole risk. While we will take all reasonable precautions to ensure uninterrupted and error-free operations, your access and use of the Platform is at your sole risk. The service is provided on an “as is” and “as available” basis. We and our licensors, suppliers, vendors, parent, holding, subsidiary and related companies, affiliates, officers, agents and employees expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. In no event shall MILWAYS be liable for any direct, indirect, incidental, special, punitive, consequential damages, or any damages whatsoever, including, but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses resulting from: * The use or the inability to use our services or access content, * The cost of procurement of substitute goods and services resulting from transactions entered into through or from the Platform, * The unauthorized access to or alterations of your transmissions or data, * Statements or conduct of any third party on the service, or * Any other matter relating to any service or product offered, delivered or agreed to be delivered, even if MILWAYS has been advised of the possibility of damages.

OTHER BUSINESSES

For your convenience, the Platform may provide links to the sites of affiliated companies and certain other businesses, which may not be in our control. You acknowledge that MILWAYS does not endorse these linked sites (even if they pop up in a frame) or any links contained in these linked sites. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their website. MILWAYS does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.

PRICING

‍Except where noted otherwise, the prices displayed for products on the Platform represents the value of the respective product. For certain transactions, you shall bear fees and charges in addition to payment for prices displayed on the Platform. Such additional fees and charges shall be as stated on the Platform. Please pay attention to the details of your transactions, because your total price for a transaction may include taxes, fees and shipping costs, which you are responsible for paying. With respect to services provided or products sold by MILWAYS, we cannot confirm the cost of a service or the price of a product until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If an item’s correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.

PRIVACY

The Platform is strongly committed to your right to privacy and to keeping your information secure. We collect your personal information on a need-to-know basis. Personal information includes, but is not limited to, first and last name, physical address, e-mail address, phone number, birth date, and any other information that itself identifies or when tied to the above information, may identify you as a specific individual. Additionally, MILWAYS may require you to provide additional information and documents for meeting its Know-Your-Client guidelines. The Platform does not collect personally identifiable information about you except when you specifically and knowingly provide it. MILWAYS uses your personally identifiable information also to operate the Platform and offer its services and to inform you of new features, services, and products from MILWAYS.‍ MILWAYS may carefully select other companies to send you information about their products or services which are related to the Platform. You would be provided the option to decline the Extended Service. MILWAYS may disclose your personal information if required to do so by law or in the good-faith belief that such action is necessary: (a) to conform to the edicts of law or comply with legal process served on MILWAYS; (ii) to protect and defend the rights or property (including intellectual property) of MILWAYS and/or of the Platform or (iii) to act under exigent circumstances (as MILWAYS may, in its sole decision decide) to protect the personal safety of users of the Platform, MILWAYS, or the public. The Platform may have features which provide for users to disclose their identities and communicate with other users. Your use of such features and disclosure of any personal details (e.g. e-mail address, mobile numbers) by you through these features are at your sole risk, and MILWAYS accepts no responsibility for the same.

PRODUCT DESCRIPTIONS

‍MILWAYS attempts to be as accurate as possible. However, MILWAYS does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by MILWAYS is not as described, your sole remedy is to return it in unused condition for a replacement under the provisions of our Replacement Policy.

SITE POLICIES, MODIFICATION, AND SEVERABILITY

‍Please review the other policies posted on this Platform. These policies also govern your visit to the Platform. We reserve the right to make changes to the Platform, policies, and these Terms at any time. If any of these Terms is deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall be modified so as to give effect to the economic intent of such impugned provision, and shall not affect the validity and enforceability of the remaining Terms.

TERMINATION

MILWAYS reserves the right to discontinue, in whole or in part, any portion of the Platform services or programs with or without notice. This discontinuation may relate to all users, certain groups of users, or to certain individual users. This Agreement and the license rights granted hereunder shall remain in full force and effect unless terminated or canceled for any of the following reasons: (a) immediately by MILWAYS for any unauthorized access or use by you; (b) immediately by MILWAYS if you assign or transfer (or attempt to do so) any rights granted to you under this Agreement; (c) immediately, if you violate any of the other terms and conditions of Terms. Termination or cancellation of this Agreement shall not affect any right or relief to which MILWAYS may be entitled at law or in equity. Upon termination of this Agreement, all rights granted to you will terminate and return to MILWAYS.

VOID WHERE PROHIBITED

‍Although the Platform is accessible worldwide, not all products or services discussed or referenced on the Platform are available to all persons or in all geographic locations or jurisdictions. The Platform reserves the right to limit the provision of any product or service to any person, geographic area or jurisdiction it so desires, in its sole discretion and to limit the quantities of any such product or service that it provides. Any offer for any product or service made on the Platform is void where prohibited.

YOUR ACCOUNT

‍If you use this Platform, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. MILWAYS does not offer services or sell products to parties under the age of 18 years. MILWAYS reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders and instructions at its sole discretion.

YOUR REGISTRATION OBLIGATIONS

In consideration of your use of the Platform, you agree to: * Provide true, accurate, current and complete information about yourself as prompted by the registration form required by the Platform (such information being the “Registration Data“), and * Maintain and promptly update the Registration Data to keep it true, accurate, current and complete. In addition, if required, you fill and sign all forms and documents which form part of your account opening kit, and supply us with all the relevant legal documents and financial information which law requires us to maintain. You warrant and represent that all information that you supply to us is accurate and truthful. You also expressly authorize MILWAYS to obtain reports concerning your credit standing and business conduct. You can open an MILWAYS account with us by entering your mobile number and verifying the same with after verifying your OTP sent to your mobile number. Notwithstanding the foregoing, we may provide you with access to some parts of the Platform without you registering as a user. In that case, your identification is based on other means of identification that we deem appropriate. You warrant and represent that all information provided for this other means of identification is accurate and truthful. You further agree that such information may be collected and disclosed to us and used in accordance with these Terms.

DISAPPROVAL OF APPLICATION

‍If you provide any information that is untrue, inaccurate, not current or incomplete, or MILWAYS has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, MILWAYS has the right to suspend or terminate your account and refuse any and all current or future use of the Platform (or any portion thereof) without any liability to you.

ACCOUNT SECURITY

‍Upon completing the registration process with the Platform, the system will create unique customer id for you. You are responsible for maintaining the confidentiality of account, and are fully responsible for all activities that occur under your account. You agree to (a) immediately notify MILWAYS of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session.

TERMINATION OF ACCOUNT

‍You agree that MILWAYS, in its sole discretion, may terminate your password, Account or your use of the Platform. MILWAYS may terminate your Account and remove any content within the Platform for any reason, including, without limitation, if MILWAYS, in its sole opinion, believes that you have violated or acted inconsistently with the letter or spirit of these Terms. MILWAYS may also, in its sole discretion and at any time, discontinue the Platform, or any part thereof, without notice. You may also request MILWAYS to terminate your account with us by sending an email to the customer help desk from your registered email id. You agree that any termination of your access to the Platform under any provision of these Terms may be effected without prior notice, and acknowledge and agree that MILWAYS may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or to the Platform. Further, you agree that MILWAYS shall not be liable to you or any third-party for any termination of your access to the Service. However, on such termination, MILWAYS shall, based on request from the customer, deliver the bullion lying in the vaults in the form of coins and/or bars, sell the fractional parts and return the net amount of money standing to the credit of your Account.

INVESTMENT DECISIONS

MILWAYS may publish research and opinions on the Platform, for your information. You may not rely on any such information for forming your investment decisions. You acknowledge that MILWAYS or the Platform and its officers, directors, employees, agents and affiliates will have no liability with respect to transactions in or for your Account and your investment decisions.

CONTROL & REPORTING SYSTEMS

The Platform may, at the decision of MILWAYS, cease operations in Bullion on the system for such an amount of time and for such reasons as it may deem fit in the best interests of the Registered Members and the overall markets. Orders, if any, in violation of an operation cease, will be rejected by the Platform. Details of transactions conducted by Registered Members would be updated with the back-office systems of MILWAYS on a real time basis. Registered Members can access the reports of their transactions over the Platform. MILWAYS may record such additional information about the buying and selling conducted on the Platform as it may consider relevant or necessary for its own use.

FORCE MAJEURE

In case of inability of MILWAYS to make deliveries of coins, bars and jewelery bullion due to reasons beyond its control, MILWAYS may require that the deliveries be effectuated through specific modes, including through local agents / jewelers. In such a case, you agree to bear any additional costs and fees necessary for the delivery to be complete.

OTHER

‍English and Chinese versions of this document, the English version shall prevail.