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TelegramMING TAK INTERNATIONAL DEVELOPMENT LTD
User Agreement
(“Agreement”)
This Agreement consists of the Parts of
“Recital”, “Main Body”, “Disclaimer”, & “Personal Data & Cookies Policy”
Recital
WWW.MINGTAKFN.COM and its corresponding mobile apps (both ios version and android version, which are downloadable from www.mingtakfn.com) collectively (“Online Platform”) is an electronic trading platform of contracts for difference (“CFD”) operated and owned by Ming Tak Development International Limited (“Company”), a company incorporated in Hong Kong. The terms “you” refers to the person visiting the Online Platform.
This Agreement governs your access to and use of the Online Platform, and its associated contents, software, and applications. This Agreement is an important legal document and you should read it carefully before using the Online Platform or opening a trading account on the Online Platform with the Company (“Account”). If you do not agree to any provision of this Agreement and/or any amendments made thereto from time to time and at any time, please stop using any service provided by the Online Platform. By clicking on the “I Agree” button or button to the same effect in the process of opening an Account or using the Online Platform in any other ways, you are deemed to fully understand, agree to, and accept all the provisions in this Agreement. You are advised to seek independent legal advice should you have any doubt on any provision of this Agreement or as may be necessary otherwise.
Main Body
(1) CFD
You fully understand the nature of CFD such as but not limited to that CFD are high-risk investment and CFD are not offered by any financial institution, corporation, the Company or the Online Platform.
(2) Risk Management
CFD trading can be extremely risky and the value of CFD can be volatile in a very short period of time, which may result in total loss of your investment. You should assess your risk bearing capacity carefully before you start trading CFD. You should not engage into trading in CFD if you are not suitable for high-risk investment.
(3) Jurisdiction over You
When you access or use the Online Platform, you must be in full compliance with the relevant laws and regulations of the sovereign state or region which has jurisdiction over you.
(4) Illegal Activities & Anti-Money Laundering
It is prohibited to use the Online Platform for any illegal activities, including but not limited to money laundering, malicious manipulation of the market, improper/fraudulent transactions. All proceeds in your Account must not be proceeds of crime. In the event that any suspected illegal activities are discovered by the Company, the Company shall report such activities to relevant authorities and freeze the relevant Account without notice. The Company reserves the right to hold relevant parties accountable for any loss and damage suffered by the Company on a full indemnity basis in connection with such activities.
(5) Opening an Account
(5.1) You need to fill in your personal data in an electronic account opening form on the Online Platform for opening an Account. In order to open an Account, you must be a natural person. You undertake to provide true and accurate personal data. You must have attained the age of 18 and have the necessary and sufficient capacity to accept this Agreement, to have any dealing with the Company, and to access to and use the Online Platform.
(5.2) The Company has sole discretion to decide whether to accept your application for an Account under any circumstances.
(5.3) After you provide your personal data as required, if you receive a number and a corresponding password of your Account, your application for an Account is deemed to have been approved by the Company.
(5.4) After you receive the number and the corresponding password of your Account, your registration of an Account with the Company shall be deemed as successful.
(5.5) You can log in to your Account by the number and the corresponding password of your Account and conduct trading in CFD and any other relevant activities on the Online Platform through your Account.
(5.6)
Any activities and events carried out through your Account shall be deemed to be activities and events carried out by you. You shall be liable for all activities and events carried out through your Account.
For the avoidance of doubt, the Company prohibits any broker to trade on your behalf by using your Account and/or prohibits you to authorize any broker or third party to handle your account. The Company will not pass the corresponding password of your Account to any broker or third party under any circumstances.
(6) Security Deposit
The Company may from time to time request you to deposit a certain sum of money into the Company’s bank account as security for your trading and/or margin purposes on the Online Platform. You must deposit the sum of money requested by the Company within one hour from the notice of request sent to your email address, failing which the Company may cancel any transaction made and claim loss and damage sustained by the Company in accordance with the provision of this Agreement from you. Unless otherwise agreed, no interest shall be paid on the security deposit.
(7) Valid Transaction
Once a transaction of a trading order placed on the Online Platform by your Account is completed, it shall not be revoked or withdrawn, and such transaction shall be valid. The Company shall not be liable for your loss caused or in relation to a trading order placed by mistake on your part.
(8) Suspension & Termination of Account
(8.1) The Company has the right to suspend or terminate your Account at the Company’s sole discretion if (a) you are not the initial registrant of that Account; (b) you have provided false or inaccurate personal data; and/or (c) you are in breach of any provision of this Agreement or in violation of any law or regulation of Hong Kong or any other jurisdiction over you.
(8.2) If the balance of your Account is nil and no trading transaction has been made for two consecutive months by your Account, your Account shall be terminated automatically without notice to you.
(9) Fees
You acknowledge and agree that by using the Online Platform, fees may be charged by the Company for services provided by the Company and/or the Online Platform. The Company has the right to charge, revise or update the such fees at any time at the Company’s sole discretion. Notice of any such charge, revision or update of fees shall be published on the Online Platform and/or sent to your email. If you do not agree with any fees charged, revised or updated, you should stop using the Online Platform immediately.
(10) Notice
Notice issued by the Company shall be posted on the Online Platform and/or sent to your email address, and any notice so posted and/or sent shall be deemed as a valid notice to you. Therefore, you are advised to go to the Online Platform and check your email account regularly.
(11) Cancellation of Transaction
(11.1) The Company reserves the right to cancel any trading transaction made on the Online Platform should there be any inaccuracy, delay, failure and/or malfunction of quotation and/or any other technical problems of the Online Platform. The Company shall send a notice to you as soon as practicable if the Company exercises the right to cancel any trading transaction.
(11.2) The Company shall treat more than one transaction in a single CFD made within five minutes on the Online Platform as high-frequency trading, which is prohibited. The Company reserves the right to cancel any high-frequency trading transactions made on the Online Platform. The Company shall send a notice to you as soon as practicable if the Company exercises the right to cancel any high-frequency trading transaction.
(12) Intellectual Property
Unless stated otherwise, all intellectual achievements included in the Online Platform, including but not limited to, the logo, database, design, text, graphic, software, photo, video, music, sound, associated source code, and any combination of the aforementioned shall be owned by the Company. You are prohibited from modifying or copying the aforesaid and/or use the aforesaid in whatever manners for commercial purposes.
(13) Interest of the Company & the Online Platform
You shall not engage in or participating in any act or activity that may damage the interest of the Company and/or the Online Platform.
(14) Modification, Suspension, & Discontinuance of the Online Platform
The Company may modify, suspend or discontinue the Online Platform and/or any content on the Online Platform without notice at any time for any reason. The Company shall have no liability to you for any such modification, suspension or discontinuance.
(15) Amendment of this Agreement
(15.1) The Company reserves the right to amend this Agreement from time to time. In the event that the Company is to amend this Agreement, the Company shall issue a notice to you informing you the intended amendment and the effective date of the amendment.
(15.2) If you do not agree with the intended amendment, you must notify the Company in writing within seven days from the date of the notice. If the Company does not receive any written notice from you within seven days from the date of the notice of the intended amendment, it shall be deemed that you agree with the intended amendment. If the Company receives a written notice from you within seven days from the date of the notice of the intended amendment, your Account will be terminated with immediate effect upon receipt of your written notice by the Company.
(16) Force Majeure
The Company shall not be liable or be considered in breach of this Agreement to the extent that performance of the Company’s obligation is prevented due to any cause outside the Company’s reasonable control including acts of God, riot, war, malicious acts of damage, fires, power outage, or events of similar kind.
(17) Headings
All headings in this Agreement are solely for the convenience of wording and are not intended to expand or limit the content or scope of the provisions of this Agreement.
(18) Waiver
The Company’s or your waiver of the right to hold the other party liable for breach of any provision of this Agreement or any other liability as agreed upon in this Agreement shall not be construed or deemed as a waiver of the right to hold the other party for breach of the remaining provisions of this Agreement. A failure to exercise any right or remedy shall not be construed in any way a waiver of such right or remedy.
(19) Severability
If any provision of this Agreement is held to be invalid, illegal, or unenforceable in whole or in part, the remaining provisions of this Agreement shall not be affected and shall continue to be valid, legal and enforceable as though the invalid, illegal, or unenforceable parts had not been included in this Agreement.
(20) Governing Law
This Agreement shall be governed and construed in accordance with the laws of Hong Kong, and the Court of Hong Kong shall have exclusive jurisdiction with reference to this Agreement.
(21) Arbitration
Any dispute, controversy, difference or claim arising out of or relating to this Agreement, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to it shall be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre (HKIAC) under the HKIAC Administered Arbitration Rules in force when the Notice of Arbitration is submitted. The law of this arbitration clause shall be Hong Kong law. The seat of arbitration shall be Hong Kong. The number of arbitrators shall be one. The arbitration proceedings shall be conducted in English. The arbitration award shall be final and binding upon the Company and you and may be enforced by any court of competent jurisdiction.
(22) Indemnity
You undertake to fully indemnify the Company for any loss and damage sustained by the Company in relation to your breach of this Agreement and legal costs incurred by the Company for enforcing its rights in this regard. For the avoidance of doubt, you agree that the legal costs so claimed by the Company shall be on a full indemnity basis.
(23) English & Chinese Versions of this Agreement
In case of any inconsistency of the contents between the English version and the Chinese version of this Agreement, the English version shall prevail.
Disclaimer
(24) Limitation of Liability
(24.1) The content on the Online Platform is strictly for informational purposes. Nothing on the Online Platform shall constitute or be construed as an offering of any CFD or any financial instrument or as investment advice or investment recommendations (such as recommendations as to whether to purchase a CFD or financial instrument) by the Company or a recommendation as to an investment strategy by the Company. Content on the Online Platform should not be considered as information sufficient upon which to base an investment strategy. No content on the Online Platform is tailored to the specific needs of any individual, entity or group of individuals. The Company expresses no opinion as to the future or expected value of any CFD, security or other interest. The Company does not explicitly or implicitly recommend or suggest investment strategy of any kind. Content on the Online Platform may not be used as a basis for any financial or other product without the express prior written consent of the Company.
(24.2) The content provided on the Online Platform is submitted to the Company by unrelated third-party providers. The Company does not review all content for accuracy, does not review all content for completeness or reliability, and does not warrant or guarantee the accuracy, completeness, reliability or any other aspect of the content.
(24.3) The Company shall not be liable to your loss arising directly or indirectly from your reliance on the content on the Online Platform.
(25) MetaQuotes Software Corp4
MetaQuotes Software Corp4 is a trading platform software designed and supplied by MetaQuotes Software Corporation, a third-party provider. The Online Platform used MetaQuotes Software Corp4 as the trading platform under a licence granted by MetaQuotes Software Corporation to the Company. The Company has no control of the MetaQuotes Software Corp4. The Company shall not be responsible for your loss arising directly or indirectly from any delay, failure and/or malfunction of the MetaQuotes Software Corp4.
(26) Internet, Software, & Hardware
The Company shall not be responsible for your loss arising directly or indirectly from for any delay, failure, and/or malfunction of the internet, software, and/or hardware.
(27) Third-Party Websites
The Online Platform may contain links to third-party websites. The Company does not monitor or have any control over, and make no claim or representation regarding third-party websites. Your use of all links to third-party websites is at your own risk.
(28) Quotation
All quotations of CFD on the Online Platform are provided by a third-party quotation provider. The Company does not guarantee the accuracy of quotation of on the Online Platform, and the Company shall not be liable for your loss arising out directly or indirectly from inaccuracy, delay, failure and/or malfunction of the quotation on the Online Platform.
(29) Margin
Margin investment is a high-risk financial arrangement. You shall be required to deposit a sum of money to the Company as security before you engage into margin investment on the Online Platform by your Account. Engaging in margin investment may cause you to suffer loss more than the amount of security deposit. Placing contingent orders, such as “stop-loss” or “stop-limit” orders, will not necessarily limit your loss at such designated prices, because market conditions may become volatile in a very short period of time, making it impossible for you, the Company and/or the Online Platform to execute your orders at the designated price. You may be required to make additional deposits within a short period of time in order to maintain your positions. If you do not immediately provide the required deposits, your positions under all outstanding orders may be closed out without prior notice to, and without consent from, you. Invariably, closing out of your positions in such market conditions is likely to result in a loss to you and, in addition, you will be liable to make further payments to the Company in the event that your deposits do not cover the full loss accruing to your Account upon closing out. You should therefore carefully consider whether such a financing arrangement is suitable in light of your own financial positions and investment objectives.
Personal Data & Cookie Policy
(30) Personal Data
(30.1) From time to time and for the purpose of carrying on the Company’s businesses and the Online Platform’s operations, you may be requested to supply personal data that may directly or indirectly identify you or other person as an individual such as, but not limited to the following:-
(a)your name;
(b)demographic information such as age, gender, nationality, marital status, preferences, educational background, and employment history;
(c)contact details;
(d)information for verification of identity, such as number of your Hong Kong Identify Card, number of your passport, etc;
(e)your bank account information;
(f)details of transactions conducted using your Account.
(30.2) Supply of personal data to the Company and/or the Online Platform is non-obligatory, but failure to do so may result in the Company and/or the Online Platform being unable to provide services to you.
(30.3) Your personal data may be used for the following purposes:-
(a)processing your application for an Account;
(b)conducting assessment and approval of your application for an Account;
(c)verifying your identity;
(d)processing trading conducted on the Online Platform;
(e)administration work related to the operations of the Company and/or the Online Platform;
(f)marketing and advertising of any offers and/or promotions from the Company (You can always opt-out free-of-charge by contacting the Company if you no longer wish any of your personal data to be used in any of the marketing and advertising purposes);
(g)maintaining and developing the Company’s and/or the Online Platform’s systems and infrastructure;
(h)meeting any obligations, requirements, or arrangements, whether compulsory or voluntary of the Company and/or the Online Platform to comply with, or in connection with, any law, regulation, judgment, court order, sanctions regime, within or outside Hong Kong existing currently and in the future, any guidelines, guidance, demand, or requests given or issued by any legal, regulatory, governmental, tax, law enforcement, or other authorities within or outside Hong Kong;
(i)prevention, detection, or investigation of crime; and/or
(j)facilitating communications between you and the Company and/or the Online Platform.
(30.4) Personal data supplied to the Company and/or the Online Platform will be kept confidential. However, the Company and/or the Online Platform may, where such disclosure is necessary to satisfy the purpose, or a directly related purpose, for which the personal data was collected, provide such personal data to the following parties:-
(a)any person or company who is acting on behalf of the Company, or jointly with the Company, in respect of the purpose or a directly related purposes for which the data was provided;
(b)any other person or company who is under a duty of confidentiality to the Company and has undertaken to keep such information confidential, provided such person or company has a legitimate right to such information;
(c)the Company’s agents, contractors, suppliers and any third-party service providers who provides administrative, marketing and research, distribution, data processing, telemarketing, telecommunications, computer, payment or other services to the Company in connection with the operations of its business;
(d)government and regulatory authorities, investigative bodies and law enforcement agencies and other organizations, as required or authorized by law;
(e)any financial institutions, including banks, necessary to establish and support the payment of any services and facilities provided to you; and
(f)your authorized representatives or your legal advisers when requested by you to do so.
(30.5) The Company may also disclose your personal data to third parties (i) when required by law, by court order or in response to a search warrant or other legally valid inquiry; or (ii) pursuant to the Company's good faith belief that disclosure is required by law or otherwise necessary to the establishment of legal claims or defences, to obtain legal advice, to exercise and defend the Company's legal rights or to protect the life, body or property of any individual. This also applies when the Company has reason to believe that disclosing your personal data is necessary to identify, contact or bring legal action against someone who may be causing interference with the Company's rights or properties, whether intentionally or otherwise, or when anyone else could be harmed by activities causing such interference.
(30.5) The Company may also transfer any information it holds about you as an asset in connection with a merger or sale (including transfers made as part of insolvency or bankruptcy proceedings) involving all or part of the Company or as part of a corporate reorganization or other change in corporate control.
(30.6) You are entitled to request access to the personal data held by the Company and/or the Online Platform about you and to correct such data. The request must be made to the Company in writing. The Company may charge a reasonable fee for the processing of such data access request.
(31) Use of Cookies
By using the Online Platform, you agree that the Company and/or the Online Platform can store and access cookies, IP addresses and use other methods in order to collect Online Platform usage data and improve your on-line experience.
Transaction rules
| Currency | USD | |
| Platform | MetaTrader5(MT5) | |
| Product code | XAU/USD(Gold) | XAG/USD(Silver) |
| Minimum contract size per order | 0.01 lots (1 oz) | 0.01 lots (50 oz) |
| Maximum limit per order | 20 lots (2000 oz) | 20 lots (100,000 oz) |
| Standard bid-ask spread | Minimum fixed 0.15 | Minimum fixed 0.015 |
| Transaction fee | Zero transaction fees | |
| Instruction category | Market price, pending order, stop loss | |
| Order time limit | Until Canceled (GTC) Good Until Expiration (GTD) |
|
| Lock up | Provide lock-up # | |
| Trading Hours (Bullion) | Winter time | Monday 7:01am to Saturday 5:59am(Hong Kong time) |
| Summer time | Monday 6:01am to Saturday 4:59am(Hong Kong time) | |
| System maintenance (Winter) | 5:59am-7:01am every trading day(Hong Kong time) | |
| System maintenance (Summer) | 4:59am-6:01am every trading day(Hong Kong time) | |
| During system maintenance, there will be no price updates and transactions will not be executed. | ||
| Requirement margin | $1000 per lot | |
| Call margin | Not applicable | |
| Liquidation level | If the margin level drops to 10%, all your positions will be automatically closed immediately. MetaTrader4 will automatically close the positions in order from the largest loss position to the smallest loss position. |
|
| Rollover | Gold and silver trading has overnight interest, which you can find in the properties of the trading variety. Saturday and Sunday's interest will be settle on Wednesday |
|
# In the case of a lock-up trade, the margin required for the larger side (sell or buy) will apply. For example, suppose you have an XAU/USD (gold /USD) opening position (buy side) on both contracts And 10 contracts of XAU/USD (gold /USD) opening position (sell side), the margin required on the sell side will apply. Although lock-ups are provided, we do not recommend lock-ups as they are not effective.
