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When you use
this application you are bound and deem to have read and understand this terms
and condition. This a legally binding
agreement (“Terms of Use”) will be
formed between you (“End User”) and
us (“MG Metals Limited or “EZgold”). If you do not agree
unconditionally to the terms and conditions herein set out below (“Terms and Conditions”), you should not
click the box to agree to this Terms of Use and its Terms and Conditions. If
you do not click the box, you will not be able to access and use the services
of MG Metals Limited or EZgold Website and/or EZgold Application and/or EZgold
Services and EZgold Account..
1. DEFINITIONS
2. EZgold Platform
3. TERMS AND CONDITIONS OF EZgold Platform
1.
Definitions. In this Terms of Use, unless the
context otherwise requires, the following terms shall have the following
meanings:
“EZgold”
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shall have
the meaning and description as described to it under clause 2 below;
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“EZgold Accounts”
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means the Digital Wallet maintained by Customers to hold physically backed Bullion, measured in troy ounces (ozt) in EZgold for the purpose of facilitating the trading and/or transfer of Bullion between End User(s);
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“End User”
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means the existing Customers who may inter alia trade and/or transfer Bullion between the End Users, using EZgold Services;
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“Bullion”
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means gold or any other precious metals which EZgold /MG Metal Limited may stipulate from time to time and in accordance with the quality, quantity and other specifications as EZgold may stipulate from time to time;
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“Bullion Rates”
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means the real-time “buy” and “sell” prices of Bullion (as the case may be) as published by EZgold from time to time;
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“Credit Card Processing Fee”
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means a fee payable by End User(s) upon the top-up of their EZgold Accounts through the use of a credit card, calculated at the rate of 3.8% of the Buy amount.;
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“Customers”
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means all persons registered as members of EZgold for the purposes of trading in Bullion, pursuant to these Terms and Conditions;
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“Delivery Charges”
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means the cost of delivering (mode of delivery to be decided at the sole discretion of MG Metals Limited) physical Bullion to destination(s) specified by End User upon Redemption the cost of which will be determined solely by MG Metal Limited from time to time;
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“Digital Wallet”
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means a digital system utilised by EZgold that inter alia securely stores the End User’s Bullion data and/or funds and/or information (including but not limited to information on the EZgold Account(s)); means the secure on-line market for the trading and/or transferring of Bullion, owned and operated by MG Metals Limited in Hong Kong SAR; |
"Exchange”
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means the secure on-line market owned and operated by MG Metals Limited in Hong Kong known as the "EZgold" for: a. the trading of Bullion on the Trading Platform; b. the purchase of Bullion from the Retail Store; c. and any other services offered by EZgold/MG Metals Limited and the Service Providers |
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“Minimum Sell Amount”
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means USD 10.00 calculated in accordance with the “sell” Bullion Rates;
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“Minimum Buy Amount”
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means USD 10.00 calculated in accordance with the “buy” Bullion Rates;
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means 0.01 ozt;
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“Redemption Premium”
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means the application of a premium fee cost over the “buy” Bullion Rate as may be determined solely by EZgold from time to time at the date of Redemption (as defined below);
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“Redemption Denomination”
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means the Redemption (as defined below) of physical Bullion (through the use of EZgold) which shall only be made in the following metric denominations by deducting the ozt equivalent for gold: (i) 50g (1.608 ozt); or (ii) 1,000 g (32.1507 ozt) or (iii) 1 tael (1.215 ozt) or (iv) 5 tael (6.076 ozt) or 1g (0.0321ozt) or 3 g (0.0964ozt). For the avoidance of doubt, each denomination will carry a different premium cost which is subject to change by the respective refineries (including but not limited to gold and/or other precious metals refineries);
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“EZgold Accounts”
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means the Customer’s cash account(s) maintained with EZgold;
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“EZgold Website” |
means the official website of EZgold at www.EZgold.com.hk.
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“Transaction Fee”
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means a transaction fee payable by End User(s) from their EZgold
Accounts to EZgold, calculated at the rate of 3.5% for buy and 3.5% for sell
of gold (subject to a minimum fee of USD 0.15 per transaction) amount (as the
case may be) as may be determined and varied by EZgold in its sole discretion
from time to time on such transaction fee;
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“Transfer Fee”
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means a transfer fee per Transfer (as defined below) payable by the transferor End User(s) from their EZgold Accounts to EZgold, calculated at the rate of 2% (subject to a minimum fee of USD 0.15 per transaction) as may be determined, varied and/or waived by EZgold in its sole discretion from time to time multiplied by the weight of the Allocated Bullion (in grams) to be transferred multiplied by the “sell” Bullion Rate of the Allocated Bullion (as determined by EZgold at the point of Transfer) being transferred from one (1) EZgold Account to another EZgold Account |
“Trading Hour” |
From 08:05 a.m. till 03:00 a.m. Monday to Friday (Hong Kong Time) |
“USD” |
means the lawful currency of the United States of America |
1.
The EZgold
platform is a digital platform which enables and facilitates the trading
and/or transfer of Bullion by End User(s) holding EZgold Accounts.
2. To facilitate the trading
and/or transfer of Bullion, EZgold shall provide the End User(s) with inter alia the following basic services
(subject to clause 3 below), which include but are not limited to:-
2.1 “Buy” |
End Users shall have the option to top-up their EZgold Account(s), (subject to the Minimum Buy Amount, and imposition of Transaction Fee) using funds from their EZgold Accounts or credit cards (subject to the imposition of Credit Card Processing Fee), by which Bullion shall be allocated in accordance with inter alia clauses 3.5, and 3.6 below; |
2.2. “Sell” |
End Users shall have the option to sell their Bullion to EZgold for cash (subject to the Minimum Sell Amount and imposition of Transaction Fee) to be immediately credited back into the End Users’ EZgold Accounts, in accordance with the “sell” Bullion Rates at that material time; and |
2.3. “Transfer” |
End Users shall have the option to instantly transfer Bullion to other End Users (subject to the Minimum Transfer Amount and imposition of the Transfer Fee); |
2.4. “Redemption” |
End Users shall have the option to redeem physical Bullion in accordance with the Redemption Denomination (Redemption Premium and Delivery Charges are chargeable). |
(Collectively the “EZgold Services”)
1. Joining
Fees |
There shall be no joining fees chargeable in
connection with the use of EZgold. |
2. Maintenance
Fees |
There shall be no maintenance fees chargeable in
connection with the use of EZgold. |
3. Minimum
Account Balance |
End User’s EZgold Account(s) will not be permitted
to have a negative balance at any time. Therefore, End User will not be able
to make a transaction by using End User’s EZgold Account(s) unless End User
has sufficient funds in End User’s EZgold Account(s). |
4. Available
Balance |
End Users shall be allocated with Bullion based on
the Buy amount and calculated in accordance with the “buy” Bullion Rates at
that material time, the Bullion of which shall be credited into the End
User’s EZgold Account (“Allocated Bullion”). |
5. Custody,
Care and Control |
Notwithstanding anything contained herein, EZgold
shall at all times (i) have custody, care and control of the
Allocated Bullion; and (ii) be empowered and have the sole discretion
to pledge, create a lien over and/or charge the Allocated Bullion to third
parties, unless and until such Allocated Bullion have been redeemed in
accordance with clause 2.4 above. EZgold acts as a facilitator to help End
User transfer funds from their EZgold Account to their EZgold Account(s) in
connection with the use of EZgold Services from their EZgold Account(s).
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6. Reasonable
Endeavours |
At the request of End User(s), EZgold will use
reasonable endeavours but is not bound to, and subject to market conditions
(such market conditions shall include but not be limited to market
liquidity), perform and complete any such request for EZgold Services (“Service Obligations”). |
7. No
Interest Payable |
End User will not be paid or earn interest on the
amount and/or Allocated Bullion in End User’s EZgold Account(s).
The opening of the EZgold Account(s) does not establish, and is not linked
to, a deposit account. |
8. Use of EZgold
Account Funds |
the EZGOLD Account(s) can be used only for the
amount of money and/or amount of Allocated Bullion into the account. If End
User attempts to use the EZgoldD Account(s) to Sell, or for a Transfer,
Redemption, or transaction amount that is greater than the same in the EZgold
Account(s), the End User’s transaction will be declined. |
9 No Cash
Transactions |
the EZgold Account does not permit any type of cash transactions. Except oth |