Before you open an account and conduct any transactions, please read carefully and agree to and accept the following terms and conditions.

 

THIS AGREEMENT is made between the Client (Party A) (hereinafter called the “Client”)

And

Gold Fun Corporation Limited (Party B) (hereinafter referred to as "GF" or "the Company"), whose registered office is situated at Room 1508, 15/F, Peninsula Square, 18 Sung On Street, Hunghom, Kowloon, Hong Kong.

 

Whereas

1.             The Client intends to open one or more accounts with the Company to receive services provided by the Company in accordance with the terms and conditions set out in this Agreement;

2.             The Company agrees, at the request of the Client and at its sole discretion, to allow the Client to open and maintain one or more accounts for the purpose of trading in precious metals (hereinafter referred to as the “Trading”), and to provide related services under the terms and conditions of this Agreement.

 

Now it is hereby agreed as follows:

 

Terms and Conditions

 

1.             Definitions and Interpretation

In this Agreement, unless the context requires otherwise:

Access Code: means the Password and the Login ID used to access the online trading service.

Account: means one or more precious metals trading accounts maintained by the Client with GF from time to time for the sale and purchase of precious metals.

Affiliates: means any company that is, now or hereafter, directly or indirectly related to Gold Fun Corporation Limited.

Agreement: means the Client Agreement entered into between the Client and GF, these Terms and Conditions, all schedules, appendices, and attachments hereto, and all amendments issued by GF in writing from time to time.

Authorized Representative: means, as the context requires, (a) any person designated in writing by the Client and accepted by GF to act on the Client’s behalf in connection with the Account; or (b) any officer, employee, or agent duly authorized to act on behalf of GF in relation to this Agreement.
Business Day: means any day on which the Company is open for trading other than Saturday, Sunday, public holidays in Hong Kong, and any other day declared by GF to be a non-business day.

Client: means the person(s) whose name(s), address(es), and description(s) are set out in the "Precious Metals Trading Account Opening Form".

 

2.             Scope of Services

The Client hereby authorizes GF to act as broker, agent, or market principal in executing the Client's precious metals trading orders with the terms and conditions of this Agreement. This Agreement covers all accounts opened and maintained by the Client with GF for entering into spot contracts and conducting spot transactions in precious metals trading. The Client hereby expressly agrees and confirms GF by itself or its authorized representatives or staff, whether acting in its capacity as the principal or agents for any parties, shall have the absolute discretion to take opposite positions to match any open positions of the Client without prior notice to the Client or its Authorized Representative(s).

 

3.             Risk Disclosure

3.1          Trading in precious metals involves the potential for profit as well as the risk of loss. The Client should understand that under adverse trading conditions, losses may exceed the amount of the margin deposit. Various unpredictable global factors influence the prices of precious metals, and the Client is responsible for their trading decisions and associated risks.

 

3.2          By agreeing to this Agreement, the customer authorizes GF, when executing the Client's precious metal buying and selling orders, to send part or all of the buying and selling orders to counterparties or liquidity providers that GF deems appropriate for execution based on market conditions (including but not limited to banks, financial institutions, professional investors or GF itself).

 

4.             Client Declarations and Warranties

The Client confirms that the information provided is true, accurate, and complete and declares the legal capacity to enter into this Agreement. The Client agrees to abide by the terms and conditions of this Agreement and confirms that they have fully understood the contents of the Agreement and the associated risks.

 

5.             General Terms

5.1          Amendments to the Agreement: GF reserves the right to amend the terms of this Agreement at any time, and any amendments will be notified to the Client in writing or through system notifications.

5.2          Online Trading Services: The Client may conduct trading in precious metals through the online platform provided by GF. GF shall not be liable for losses arising from system outages, market data delays, or other technical failures beyond its reasonable control.

5.3          Responsibility for Access Code and Authorization: The Client shall be solely responsible for safeguarding their Access Code (including Login ID and Password) and preventing unauthorized use by third parties. Any action conducted through the system using the Access Code shall be deemed as authorized by the Client, who shall bear full legal and financial responsibility. GF shall not be held liable for any loss or consequence arising from the misuse or unauthorized disclosure of the Access Code.

5.4          Risk Management and Cut-Loss Authority

GF shall have the authority, at its sole discretion and without prior notice to the Client, to take protective action — including but not limited to the full or partial liquidation of open positions — when the unrealized loss in the Client’s Account approaches or exceeds the available margin.

GF shall act in good faith and take such action based on its internal risk control standards and prevailing market conditions.

The Client acknowledges that such actions are necessary to protect the integrity of the trading platform and that GF shall not be liable for any resulting losses or missed opportunities due to such protective measures, provided they are executed in a commercially reasonable manner.

 

6.             Disclaimer

6.1          The Client acknowledges and agrees that the Client retains full responsibility for all trading decisions of the Account and GF is responsible only for the execution, clearing and carrying out of transactions in the Account; nor will GF have any responsibility or obligation regarding any conduct, action, representation or statement of any introducing firm, investment advisor or other third party in connection with the Account or any transaction therein.

6.2          The Client acknowledges that no trading recommendations and market or other information communicated to the Client by GF constitute either advice on which the Client is meant to rely on, or an offer to sell, or the solicitation of an offer to buy any Precious Metals. GF shall not be under any liability with respect to such recommendations and information.

Although such recommendations and information are obtained from sources which GF believes to be reliable, they may be incomplete, unable to be verified and may be changed without notice to the Client, and GF makes no representation, warranty or guarantee with respect thereto or with respect to the tax consequences of the Client's transactions.

 

7.             Notices

Any notice or other communication given to the Client by GF under this Agreement, if sent by email or other electronic means, shall be deemed to have been made or delivered at the time of transmission by GF.

 

8.             Event of Default

8.1          For this Agreement and for any trading in Precious Metals, any of the following events shall constitute an event of default:

(a)           Any delay or default by the Client in complying with the terms and conditions hereunder or under the terms of any trading contract.

(b)           In the case of an individual Client, the Client: (i) died, (ii) committing any act of bankruptcy, or a petition for bankruptcy having been filed against him; and/or

(iii) becoming insane or otherwise having lost his full capacity to enter into agreements or contracts in general.

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8.2          Upon the happening of any event of default, all the rights and remedies of GF shall automatically become exercisable without notice to the Client, including but not limited to all powers of sale of collaterals, set-off and consolidation of Account, cancellation of unperformed contracts or any other commitments made on behalf of Client, sell any or purchase any or all precious metal positions held or carried for Client, settlement of unliquidated contracts, appropriation of Precious Metals from the Client's Account or sale thereof and satisfy any obligation Client may have to GF, either directly or by way of guaranty or suretyship, out of any of Client's funds or property in its custody or control, provided that GF shall exercise such rights in good faith and in a commercially reasonable manner.

 

9.             Termination

9.1          Without prejudice to clause 8, this Agreement shall continue in effect until terminated by either party given not less than seven (7) Business Days prior written notice to the other.

9.2          Service of notice of termination by the Client pursuant to clause 9.1 shall not affect any transaction entered into by GF pursuant to this Agreement before GF has actually received the notice.

9.3          Termination of this Agreement shall not affect any outstanding orders or any legal rights or obligations which may already have arisen.

9.4          Notwithstanding clause 9.1, the Client shall have no right to terminate this Agreement if the Client has open positions or outstanding liabilities or obligations.

 

10.          Miscellaneous

This Agreement is governed by the laws of the Hong Kong Special Administrative Region, and any disputes shall be submitted to the courts of the Hong Kong Special Administrative Region for resolution.

 

11.          Data Protection

GF may process, store, and share Client data (including with regulators, affiliates, and service providers) as required for compliance, fraud prevention, or business operations. Data may be transferred outside Hong Kong where permitted by law.

 

12.          Declaration and Acceptance

The Client hereby declares and confirms that:-

(a)           The Client has been informed of the right to seek independent legal advice regarding the terms and legal implications of this Agreement prior to its execution;

(b)           The Client has carefully read, fully understands, and voluntarily accepts all the terms and conditions set forth in this Agreement, and agrees to be legally bound by them; and

(c)           All information provided by the Client to GF is true, accurate, and complete to the best of the Client’s knowledge and belief.

 

13.          Language

If there is any inconsistency between the English and Chinese versions of this Agreement, the English version shall prevail.

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