Terms & Conditions

Before using the services provided by Milways Group (hereinafter "Milways", "we", or "us"), please read the following terms and conditions carefully. These services are accessible via the website at https://milways.com/ (the "Site") and the applications we publish (the "App"). Where the context requires, the term "Platform" refers to the parts of the Site and App through which Milways makes its products and services available to you.

Milways provides Platform functionality to you (the user) on the condition that you accept the following access and use terms and conditions (the "Terms"), which together constitute the agreement between us (the "Agreement"). Your continued use of the Platform or communication with us constitutes acceptance of these Terms.

Please read these Terms carefully. Milways may modify these Terms from time to time without prior notice. If you do not agree to the Terms as amended from time to time, you should leave the Platform immediately. Section headings in these Terms are for reference only and have no legal effect.

1. Products and Services

The products and services, together with their features and functions, are determined and managed at the sole discretion of Milways. Users should conduct their own due diligence before purchasing or selling Milways products and services through the Site or App.

2. Acceptance of Disclaimers and Limitations of Liability

You acknowledge that the disclaimers and limitations of liability set out in these Terms are the result of fair and reasonable consideration and are intended to allocate the risks and benefits of the agreement reasonably between you and us. You agree that these disclaimers and limitations shall be enforced to the maximum extent permitted by Hong Kong law. Notwithstanding any statute or law to the contrary, you agree that any claim or cause of action arising from or relating to your use of the Platform or these Terms must be brought within one year after such claim or cause of action arises, otherwise it shall be permanently barred.

These Terms should be read together with the Milways business rules and the business rules of the Platform. Milways may modify its business rules from time to time without prior notice.

3. Business Rules

The Platform is intended to facilitate the buying and selling of gold and to provide related services to each particular user (each such user, a "Registered Member"). Registered Members may buy or sell any quantity of gold on the Platform. Milways will provide bid and ask prices for precious metals (excluding tax). Registered Members may elect to sell precious metals to Milways at the prevailing market price.

4. Copyright

All content contained 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 the Site is the property of Milways or its software suppliers and is protected by international copyright laws. No Platform content may be reproduced, republished, uploaded, posted, transmitted or distributed for any non-personal use without the prior written permission of Milways.

Graphics, logos, page headers, button icons, scripts and service names included on or made available through the Platform are trademarks of Milways. Milways trademarks may not be used in connection with any product or service in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Milways or its products and services. All other trademarks not owned by Milways that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Milways.

5. Disclaimer

The Platform and all information, content, materials, products (including software) and services contained on or otherwise made available to you through the Platform are provided by Milways on an "as is" basis, except as otherwise stated in writing. Except as expressly stated in writing, Milways makes no representations or warranties of any kind, express or implied, regarding the operation of the Platform or the information, content, materials, products (including software) or services contained on or otherwise made available to you through the Platform. You expressly agree that your use of the Platform is at your sole risk. To the maximum extent permitted 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 the Platform, information, content, materials, products (including software) or services, or the servers or electronic communications sent by Milways, are free of viruses or other harmful components. Milways shall not be liable for any damages arising from the use of the Site or any information, content, materials, products (including software) contained on or otherwise made available to you through the Platform, including but not limited to direct, indirect, incidental, punitive and consequential damages, except as expressly stated in writing.

6. Disputes

Any dispute or claim relating to your access to the Platform or to the Milways products or services sold or distributed through the Platform shall first be resolved by arbitration. The Arbitration Ordinance (Cap. 609 of the Laws of Hong Kong) applies to this Agreement. To initiate arbitration, you must send a letter to our address on the Platform requesting arbitration and describing your claim in detail. The arbitration shall be conducted in Hong Kong by an independent arbitrator appointed by Milways. The costs of the arbitration shall be borne by the party indicated by the arbitrator based on the merits of the case. We both agree that any dispute resolution proceedings will be conducted only on an individual basis and not as a class, consolidated, or representative action.

7. Electronic Communications

When you visit the Platform or send emails to us, you communicate with us electronically. You consent to receive electronic communications from us. We may communicate with you by letter, email, SMS, or by posting notices on the Platform, in one or more of these ways. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

8. Equipment

You shall procure and maintain at your own expense all communications and other equipment necessary to access the Platform. Any associated fees (including any taxes) for such equipment and communication connections or use shall be borne by you. You are responsible for operating the equipment used to access the Platform.

9. Financial Transactions and Tax

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

10. Governing Law and Jurisdiction

These Terms and Conditions are governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region. You agree that any dispute or claim relating to these Terms and Conditions or your use of the Platform shall be submitted to the exclusive jurisdiction of the courts of the Hong Kong Special Administrative Region.

11. Indemnification

You agree to indemnify, defend and hold Milways harmless from any third-party claims, damages and expenses (including legal fees) arising out of your content, your use of the Platform, your connection to the Platform, your breach of this Agreement, these Terms or business policies, or in connection with the development, operation, maintenance, use and content of this Platform.

12. Independent Investigation

You acknowledge that you have read and fully agree to these Terms. You understand that we may from time to time (directly or indirectly) solicit member referrals on terms that may differ from those contained in these Terms. You have independently evaluated the desirability of being associated with the Platform or participating in its programs or using its services and/or products, and do not rely on any representation, warranty or statement other than as set out in these Terms.

13. License and Site Access

Milways grants you a limited license to access and make personal use of the Platform, but not to download (other than page caching) or modify it, or any portion of it, except with the express written consent of Milways. This license does not include any resale or commercial use of the Platform or its contents; any collection and use of any product listings, descriptions or prices; any derivative use of the 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. The Platform or any portion thereof may not be reproduced, sold, resold, accessed or otherwise exploited for any commercial purpose without the express written permission of Milways. You may not frame or use framing techniques to enclose any Milways trademark, logo or other proprietary information (including images, text, page layout or form) without express written consent. You may not use any meta tags or any other "hidden text" containing the Milways name or trademarks without the express written permission of Milways. Any unauthorized use terminates the license or right granted by Milways. You are granted a limited, revocable, non-exclusive 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 objectionable manner. You may not use any Milways logo or other proprietary graphic or trademark as part of the link without express written permission.

14. Limitation of Liability

You expressly agree that your use of the Platform is at your sole risk. Although we will take all reasonable measures to ensure the uninterrupted and error-free operation of the Platform, your access to and use of the Platform is at your sole risk. The service is provided on an "as is" basis. We and our licensors, suppliers, vendors, parents, holding companies, subsidiaries and related companies, affiliates, officers, agents and employees expressly disclaim all warranties, express or implied, including but not limited to 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 or any other damages, including but not limited to loss of profits, loss of goodwill, loss of use, loss of data or other intangible losses arising from:

• —use of or inability to use our services or access content;
• —cost of procurement of substitute goods and services;
• —unauthorized access to or alteration of your transmissions or data;
• —statements or conduct of any third party on the service;
• —any other matter relating to any service or product provided, delivered or agreed to be delivered, even if Milways has been advised of the possibility of such damages.

15. Other Businesses

For your convenience, the Platform may provide links to websites of affiliates and certain other businesses that may be outside our control. You acknowledge that Milways does not endorse such linked websites (even if they appear in pop-up windows) or any links contained on such linked websites. We do not examine, evaluate or warrant the offerings of these businesses or individuals or the content of their websites. Milways assumes no responsibility or liability for the actions, products or content of all of these and any other third parties. You should carefully review their privacy statements and other terms of use.

16. Pricing

Unless otherwise specified, the prices displayed for products on the Platform represent the value of the corresponding products. For certain transactions, you will bear fees and charges in addition to the price displayed on the Platform. Such additional fees and charges shall be collected as stated on the Platform. Please pay attention to your transaction details, as your total transaction price may include taxes, fees and shipping charges for which you are responsible. For services provided or products sold by Milways, we cannot confirm service fees or product prices before you place an order. Despite our best efforts, a small number of items in our catalog may be mispriced. If the correct price of an item 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 the cancellation.

17. Privacy

The Platform is firmly committed to your right to privacy and to keeping your information secure. We collect your personal information as needed. Personal information includes but is not limited to first name, last name, physical address, email address, phone number, date of birth, and any other information that by itself or in combination with the foregoing can identify you as a specific individual. In addition, Milways may require you to provide further information and documents to satisfy its Know Your Customer (KYC) guidelines. The Platform does not collect personally identifiable information about you other than what you specifically and knowingly provide. Milways also uses your personally identifiable information to operate the Platform and provide 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 that are relevant to the Platform. You will have the opportunity to opt out of such referral services.

If required by law, Milways may disclose your personal information to: (a) comply with legal orders or legal process served on Milways; (b) protect and defend the rights or property (including intellectual property) of Milways and/or the Platform; or (c) act in an emergency (at the sole discretion of Milways) to protect the personal safety of Platform users, Milways, or the public.

The Platform may have features that allow users to disclose their identity and communicate with other users. You use such features and disclose any personal details (such as email address, mobile number) through them at your own risk, and Milways assumes no responsibility for this.

18. Product Descriptions

Milways uses its best efforts to ensure the accuracy of information. However, Milways does not warrant that product descriptions or other content of the Site are 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 replacement, in accordance with our replacement policy.

19. Site Policies, Modification and Severability

Please review the other policies posted on this Platform. These policies also apply to your access to the Platform. We reserve the right to change the Platform, the policies and these Terms at any time. If any provision of these Terms is held to be invalid, void or unenforceable for any reason, that provision shall be deemed severable and shall be modified to give effect to the economic intent of the challenged provision, and shall not affect the validity and enforceability of the remaining provisions.

20. Termination

Milways reserves the right to terminate any part of the Platform service or program in whole or in part without prior notice. Such termination may involve all users, certain groups of users or certain individual users.

This Agreement and the license rights granted hereunder shall remain in full force and effect at all times unless terminated or cancelled for any of the following reasons: (a) immediate termination by Milways due to your unauthorized access or use; (b) immediate termination by Milways if you transfer or attempt to transfer any rights granted to you under this Agreement; (c) immediate termination if you breach any other term or condition of these Terms. Termination or cancellation of this Agreement shall not affect any rights or remedies that Milways may have at law or in equity. Upon termination of this Agreement, all rights granted to you shall terminate and revert to Milways.

21. 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, in its sole discretion, the provision of any product or service to any person, geographic area or jurisdiction, and to limit the quantity of any such product or service it provides. Any offer of any product or service made on the Platform is void where prohibited.

22. Your Account

If you use the 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 provide services or sell products to children under the age of 18. Milways reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders and instructions in its sole discretion.

23. Your Registration Obligations

To use the Platform, you agree to:

• —provide true, accurate, current and complete information about you as required by the Platform's registration form (such information being the "Registration Data");
• —maintain and promptly update the Registration Data to keep it true, accurate, current and complete.

24. Application Rejection

If any information you provide is untrue, inaccurate, not current or incomplete, or if 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 part thereof) without any liability to you.

25. Account Security

After completing the Platform registration process, the system will create a unique customer ID for you. You are responsible for maintaining the confidentiality of your account and bear full responsibility 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 security breach, and (b) ensure that you log out of your account at the end of each session.

26. Account Termination

You agree that Milways may, in its sole discretion, terminate your password, account or use of the Platform. Milways may terminate your account and remove any content within the Platform for any reason, including but not limited to if Milways, in its sole discretion, considers that you have violated or are inconsistent with the letter or spirit of these Terms. Milways may also disable the Platform or any part thereof at any time at its sole discretion (without prior notice). You may also request Milways to terminate your account by sending an email from your registered email address to customer service.

You agree that termination of your access to the Platform under any provision of these Terms may be carried out without prior notice, and acknowledge and agree that Milways may immediately disable or delete your account and all related information and files in your account, and/or prohibit further access to such files or the Platform.

27. Investment Decisions

Milways may publish research and views on the Platform for your reference. You shall not rely on any such information to make investment decisions. You acknowledge that Milways or the Platform and its officers, directors, employees, agents and affiliates assume no liability for trades in your account or for your investment decisions.

28. Controls and Reporting Systems

The Platform may, at the discretion of Milways, suspend gold-bar transactions on the system at times and for reasons it considers to be in the best interests of Registered Members and the overall market. If an order violates such an operational suspension, the Platform will reject that order.

Details of transactions executed by Registered Members will be updated in real time to the Milways back-office system. Registered Members may access their transaction reports through the Platform. Milways may record such additional information about transactions on the Platform as it deems relevant or necessary for its own purposes.

29. Force Majeure

If Milways is unable to deliver gold coins, gold bars and jewelry gold ingots due to causes beyond its control, Milways may require delivery by specific means, including through a local agent / jeweler. In such cases, you agree to bear all additional costs required to complete delivery.