Copyright © 2024 JX Trade. All rights reserved.
Copyright © 2024 JX Trade. All rights reserved.
HK JINXIANG INTERNATIONAL LIMITED (JX Trade)
CLIENT AGREEMENT
This Agreement is entered into by and between the following parties: -
(1) Jinxiang International Limited (hereinafter referred to as "Jinxiang International" or the "Company") and
(2) The Client (the other party to this Agreement, whose details are listed on the account opening application form)
It is strongly recommended that clients spend sufficient time reading and understanding this Agreement, as well as the legal documents and supplementary information provided on Jinxiang International's website, before opening an account or trading with Jinxiang International.
Both parties to the agreement agree to the following terms:
1.1 Unless the context otherwise requires, the terms used in this Agreement shall have the following meanings and may be used in the singular or plural as appropriate:
Agreement - Includes this Agreement, the Client Advisory, Risk Disclosure Statement, and account opening application form, as well as any other agreements or authorizations entered into by the Client at any time to maintain the validity of their Jinxiang International account, and all attachments, supplements, and amendments to the above documents issued by Jinxiang International in writing from time to time.
Authorized Representative - Refers to a natural or legal person who is expressly authorized by the Client to act on their behalf. The above relationship is documented in a power of attorney, a copy of which is kept by Jinxiang International.
Balance - Refers to the funds available in the trading account for trading products.
Client - If the Client is an individual, it includes the Client themselves, their executor, and administrator. If the Client is a limited company, it includes the company and its successors. If the Client is a partnership, it includes the partners during the existence of the partnership, their executor, and administrator.
Client Funds - Refers to the funds deposited by the Client with Jinxiang International and held by Jinxiang International for the Client. The calculation method is the amount deposited by the Client in their trading account, plus/minus any unrealized or realized profits and losses, plus/minus any amounts payable by the Client to Jinxiang International (or vice versa).
Close Position - Refers to an operation opposite to the opening direction.
Initial Margin - Refers to the minimum amount that must be deposited with Jinxiang International by the Client at the time or before each trading instruction is issued as collateral for all transactions. This amount is set by Jinxiang International from time to time at its sole discretion.
Introducer - Refers to an independent third-party intermediary who introduces the Client to Jinxiang International to open an account and is not an employee of Jinxiang International.
Law - Refers to any applicable laws, regulations, rules, and conduct in Hong Kong or other jurisdictions.
Maintenance Margin - Refers to the minimum balance required by the Client to maintain open positions after depositing the initial margin. This amount is set by Jinxiang International from time to time at its sole discretion.
OTC - Refers to Over-The-Counter trading, which takes place outside of regulated securities or commodity exchanges.
Password - Refers to the client password assigned by Jinxiang International and required to be used in conjunction with the username to access the services.
Services - Refers to any services or over-the-counter (OTC) trading facilities provided by or on behalf of Jinxiang International, enabling clients to issue instructions via the internet or other means to buy and sell OTC products, receive account information, and access related services.
Trading Account - Refers to the uniquely numbered account allocated to the Client for trading products through the Jinxiang International trading platform.
Username - Refers to the name identifier assigned by Jinxiang International to the Client, which is used in conjunction with the password to access services, account information, and other related services.
Written - Unless otherwise specified in this Agreement, includes writing, printing, email, fax, any other legible reproduction of words or patterns, and content published on Jinxiang International's official website.
1.2 The headings in this Agreement are for convenience of reference only and shall not affect the content or interpretation of this Agreement.
2.1 Jinxiang International agrees to allow the Client to open a trading account upon the Client's request and at Jinxiang International's sole discretion, subject to the terms and conditions of this Agreement. The trading account will be used for OTC trading, and Jinxiang International will execute all trading instructions issued from that Client account.
2.2 Jinxiang International does not allow Clients to open multiple trading accounts using different identification documents. If it is discovered that the Client has opened an account using false identification documents or documents not belonging to themselves, such as when one person simultaneously holds or operates multiple accounts, Jinxiang International reserves the right to cancel the Client's account and instructions, including forcibly closing all open positions and canceling any profits from related transactions. The Client acknowledges and agrees to this arrangement and will not hold Jinxiang International liable or seek any compensation for this reason.
2.3 Checking the box "I have carefully read and agree to the above agreement" on the account opening application form on Jinxiang International's website has the same legal effect as if the Client had signed the agreement in person. Jinxiang International will promptly upload any revised agreements, and the Client should review them independently.
2.4 If the Client wishes to close their account, they must fill out an account closure application form. Provided that the Client's account has no open positions, Jinxiang International will process the closure within two working days after receiving the application.
The Client authorizes Jinxiang International to investigate the Client's credit status and to verify information with banks, financial institutions, and credit bureaus related to the Client's data. The Client further authorizes Jinxiang International to investigate the Client's current and past investment activities and to contact appropriate exchanges, dealers, banks, etc., for this purpose.
This Agreement shall be deemed accepted by Jinxiang International and constitute a legally binding contract between Jinxiang International and the Client only after Jinxiang International has confirmed and approved the Client's account opening application and passed all internal checks, including but not limited to identity verification, anti-money laundering checks, and suitability tests. The Client undertakes and warrants that they will promptly provide any additional documents requested by Jinxiang International to verify their identity and/or the source of their funds.
5.1 This Agreement shall remain in effect and cover all accounts opened or reopened by the Client with Jinxiang International at any time, regardless of any personnel changes at Jinxiang International or any of its successors or assigns. If there is a merger, acquisition, or other change, this Agreement (including any authorizations) shall be binding on Jinxiang International or its successors or assigns and shall be binding on the Client and/or their heirs, executors, administrators, legal representatives, successors, and assigns.
5.2 The Client agrees that their rights and obligations related to transactions are subject to the terms of this Agreement.
6.1 Jinxiang International allows Clients to trade precious metals with relatively high leverage ratios (which may be revised by Jinxiang International from time to time or provided in accordance with applicable regulatory requirements). The Client understands and acknowledges that margin-based leveraged trading is highly speculative, may involve substantial risks, and is suitable only for those who can afford to sustain a loss in excess of their margin deposit. The Client should carefully consider their risk tolerance before opening an account or placing trades.
6.2 The prices of OTC products are influenced by numerous global factors, many of which are unpredictable. Volatile price movements may result in the Client being unable to settle losing trades. The Client warrants and acknowledges that they are willing and able to financially and otherwise bear all risks associated with OTC trading. The Client agrees not to hold Jinxiang International liable for any trading losses incurred as a result of following trading recommendations made by Jinxiang International, its employees, or its representatives.
6.3 The Client understands and accepts that OTC trading does not guarantee profits or protection from losses. The Client acknowledges that they have not received any such guarantees or similar representations from Jinxiang International, its employees, its representatives, introducers, or other entities with which the Client engages in Jinxiang International trading, and that this Agreement is not based on any such guarantees.
Representations and warranties are personal declarations, assurances, or commitments made by the Client to JinXiang International, which serve as the basis for transactions between JinXiang International and the Client. At the time of signing this Agreement, opening a trading account, or giving any other instructions to JinXiang International, the Client makes the following representations and warranties:
7.1 Upon signing this Agreement and applying for an account, the Client is fully aware that JinXiang International operates legally and in compliance with regulations. The Client has read, understood, and accepted the terms of this Agreement in detail, agreeing to be bound by its provisions. The Client is aware of the risks involved in each product traded with JinXiang International and has sufficient investment experience, risk tolerance, and financial capacity to engage in such transactions;
7.2 If the Client is an individual, they are of sound mind, at least 18 years old, and have legal capacity;
7.3 The Client is not a resident of the United States, Taiwan, or certain jurisdictions. JinXiang International's products and services are only applicable to individuals in countries/regions where such products and services are legally accepted. For individuals in regions where the law restricts these products and services, JinXiang International's information should not be considered as any solicitation or promotion;
7.4 The Client is not currently employed by any exchange, any company holding a majority share in an exchange, any member of an exchange, or any company registered with an exchange, bank, trust institution, or insurance company. If the Client is employed by such entities, they must immediately notify JinXiang International in writing; JinXiang International reserves the right to freeze and cancel the relevant trading account at any time;
7.5 The Client confirms that they can access the Internet normally and agrees that JinXiang International will provide information through its website, including but not limited to revisions to this Agreement, fees, risks, etc. All revisions and terms provided by JinXiang International on its website or mobile app become effective and accepted upon publication (or within a specified period);
7.6 The Client must safeguard their account and password, ensuring they are not disclosed or used by others in any form. The trading account is operated solely by the Client, who is fully responsible for any instructions issued from their account;
7.7 All information and documents provided to JinXiang International or previously provided up to this date are true, accurate, and complete, and do not contain any misleading information in any material aspect;
7.8 The Client shall not change key personal information such as their name arbitrarily. If the Client changes personal information, they acknowledge and agree to bear any direct or indirect losses resulting from such changes;
7.9 If there are any changes to the information on the Client's account opening application form, particularly regarding residence, financial status, employment situation, or any actual or anticipated changes, the Client is responsible for immediately notifying JinXiang International of such changes and providing documents authenticated by a government department and a law firm recognized by JinXiang International. JinXiang International reserves the final decision and interpretation rights regarding whether to accept changes to the Client's information;
7.10 The Client is responsible for understanding and fully complying with all applicable laws and paying any relevant local taxes arising from transactions conducted through the JinXiang International platform. Engaging in transactions through JinXiang International will be deemed a representation and warranty by the Client that they comply with the relevant laws and regulations of the country/region governing them and have the full capacity to accept these terms. If the Client has any doubts, they should seek professional legal advice.
8.1 The Client understands and confirms that when engaging in over-the-counter (OTC) trading with JinXiang International, they do not obtain ownership of the underlying physical assets, do not hold physical underlying assets, and do not have the ability to transfer/retransfer ownership of the underlying physical assets.
8.2 Subject to the Client's continuous fulfillment of their obligations under this Agreement, JinXiang International has the right to decide whether to accept, transmit, and execute the Client's CFD orders, as well as to provide other financial instruments from time to time. JinXiang International is authorized to conduct OTC transactions on behalf of the Client's account according to oral, written, or electronic instructions from the Client. JinXiang International may match some or all of the Client's trading orders with other dealers or directly pass them on to its liquidity providers.
8.3 JinXiang International has the right to refuse any order from the Client without providing any reason or notice. Acceptance of an order does not constitute any agreement by JinXiang International to execute the order. Subject to other terms of this Agreement, a binding transaction between JinXiang International and the Client is only formed/ended and/or an order executed when the Client receives trade confirmation or the trading platform displays execution of an order.
8.4 Delays or errors in internet connections, market fluctuations, and liquidity issues sometimes cause quotes displayed on the JinXiang International trading platform to not accurately reflect real-time market prices. Execution prices may differ from the prices seen by the Client when opening a trade on the system platform. The Client accepts and agrees that the final price of all trades is based on the records of the JinXiang International trading system.
8.5 JinXiang International has the right to rely on instructions made or claimed to be made by the Client or any other person acting on behalf of the Client without verifying the authenticity, authority, or identity of the person making or claiming to make such instructions.
8.6 JinXiang International is authorized to execute orders when trading with the Client.
8.7 JinXiang International has the right to limit the total number of orders placed by the Client at one time, as well as the amount and/or total number of positions held by the Client.
8.8 JinXiang International does not guarantee that the Client can modify or cancel orders at any time. The Client confirms and agrees that orders issued via internet services may not be modified or canceled, and can only be modified or canceled if they have not yet been executed by JinXiang International. If a modification or cancellation cannot be executed and the order is still executed according to the original instruction, JinXiang International is not liable for any resulting losses or damages.
8.9 JinXiang International is not responsible for any losses or damages caused by delays or inaccuracies in the transmission of orders due to failures in communication equipment or trading software, which are beyond JinXiang International's direct or indirect control.
8.10 In the event that JinXiang International operates compliantly and without gross negligence, the Client will bear all risks associated with unauthorized instructions issued by any representative or authorized person, and be liable for any losses, costs, damages, claims, or lawsuits. The Client warrants that they will not hold JinXiang International liable or seek any compensation, and that JinXiang International will not suffer any losses as a result of such circumstances.
9.1 The Client must deposit and maintain a margin amount specified by JinXiang International from time to time. JinXiang International may also unilaterally change the margin requirements at any time. Prior to issuing any trading instructions, the Client must ensure that their account has sufficient funds to meet the margin requirements for such trades, otherwise JinXiang International has the right to refuse to execute any trading instructions.
9.2 JinXiang International trading accounts must be denominated in US dollars or other currencies agreed to by JinXiang International from time to time. If the Client deposits or withdraws funds in a currency other than US dollars:
(1) The Client agrees that JinXiang International may convert the currency at its sole discretion and at any time;
(2) Any profits or losses resulting from fluctuations in exchange rates are borne entirely by the Client.
9.3 When JinXiang International makes a margin call, the Client must immediately satisfy any and all margin requirements in the manner specified by JinXiang International. Fees incurred during the transfer process (including bank fees, exchange rate differences, and other related fees) are borne by the Client. Recently deposited funds may not be immediately available for use as margin for new positions or as additional margin. The Client agrees to bear all losses resulting from forced liquidation due to failure to timely meet margin calls, which may exceed the Client's initial margin.
9.4 JinXiang International has the right to force liquidation of the Client's account at any time according to the terms of this Agreement and to consider such action as taken in accordance with instructions issued by the Client, which is binding on the Client. JinXiang International's non-exercise of this right does not constitute a waiver of the right. Any previous margin requirements do not prevent JinXiang International from raising margin requirements without notice.
9.5 Customer funds do not directly or indirectly come from any illegal activities and will not be used to finance terrorism. Jinxiang International has the right to request customers to prove the legal source of their funds at any time. If the customer fails to provide acceptable or satisfactory proof from Jinxiang International, Jinxiang International has the right to immediately freeze the customer's account and notify relevant regulatory agencies in accordance with the law. Jinxiang International reserves the right to pursue any losses suffered by customers due to failure to provide valid proof as stated above
9.6 Customers can inject funds into their trading account through bank remittance or the methods provided by Jinxiang International website. The costs involved in bank remittance and capital injection (including handling fees, exchange rate differences, etc.) are borne by the customer. All capital injections must be verified and the final amount received by Jinxiang International shall prevail. Customers shall not hold Jinxiang International responsible for any failure to accept or confirm opening or closing orders due to capital injection or any other reasons
9.7 Customers shall not be entitled to any deposit interest on any funds deposited into Jinxiang International, whether as margin, collateral or for any other purpose
9.8 Customers must submit their personal identification documents and bind a bank account opened under their real name when opening an account and before making their first withdrawal. Jinxiang International only accepts capital injections and withdrawals from customers' bank accounts linked to this account, and does not accept any third-party capital injections or withdrawals
9.9 If there is a positive balance in the customer's account, the customer has the right to notify Jinxiang International to withdraw the designated available cash balance. Once the customer's withdrawal request is confirmed, Jinxiang International will immediately deduct the amount from the customer's account balance. The customer fully understands that due to the difficulty in controlling the processing speed of the bank, the customer may not be able to receive the withdrawn amount within the expected time. Customers shall not hold Jinxiang International responsible for failing to meet their withdrawal requirements in a timely manner
9.10 Jinxiang International reserves the right to adjust the fees for capital injection and withdrawal at any time, the right to refuse the application if deemed to violate laws or regulatory requirements, and the final interpretation right.
10.1 The customer agrees that Jinxiang International has a general lien and set off right on all funds, currencies, or other assets held on behalf of the customer from time to time under this agreement, or on the customer's assets held or controlled for any purpose at any time, as a continuing guarantee for the customer's performance and payment of obligations under this agreement. The general right of retention can extend to legally binding claims related to the customer now or in the future
10.2 The customer agrees and authorizes Jinxiang International to transfer funds from the customer's deposit or cash balance in the customer's account to make up for all outstanding debts in the customer's Jinxiang International account, without prior notice to the customer. Jinxiang International has absolute discretion to exercise its right of retention, sell and liquidate customer assets, and use the proceeds of sale or realization, after deducting expenses, to settle any debts owed by the customer to Jinxiang International
10.3 Upon termination of this agreement, Jinxiang International shall have the right to consolidate any accounts and account balances under the customer's name and use these balances to offset any debts owed by the customer to Jinxiang International
11.1 The customer shall pay commission, fees (including but not limited to handling fees, reporting fees, idle account fees, instruction cancellation fees, transfer fees, and other fees) and charges (including but not limited to fees levied by banks, regulatory agencies, or self regulatory organizations) to Jinxiang International when using the services under this agreement. Jinxiang International may charge commissions, fees, or charges without prior notice. The customer agrees to pay interest on their outstanding payments to Jinxiang International
11.2 Unless otherwise specified in this Agreement, the Customer authorizes Jinxiang International to deduct the aforementioned fees from its account. When the customer gives instructions to transfer their open positions, funds, etc. to other institutions, the customer agrees to pay the transfer fee determined by Jinxiang International. Jinxiang International confirms that all prices quoted to customers do not include premiums and discounts
11.3 Jinxiang International reserves the right to revise fees from time to time and will notify customers whenever possible. Customers should review relevant revisions from time to time and agree to be bound by them once published
12.1 The customer agrees to be provided with account information and transaction confirmation by Jinxiang International through the trading platform. Account information includes transaction confirmation number, transaction price, used margin, available margin, profit and loss report, as well as all positions and unfinished order instructions
12.2 Customers can log in to the Jinxiang International platform to view their account information, obtain daily, monthly, and annual reports of their account, as well as executed transaction reports. When Jinxiang International publishes the above information on the trading platform, it will be deemed to have provided transaction confirmation and statement
12.3 In the absence of obvious errors, the account and bill shall be ultimately binding on the customer, unless the customer objects in writing within two working days of receiving the report from Jinxiang International Trading Platform or other means of delivery
13.1 Any of the following circumstances shall constitute a "breach event":
13.1.1 Customer's delay or failure to comply with the terms of this Agreement or any transaction terms
13.1.2 The customer fails to provide Jinxiang International with any information required under this agreement (including but not limited to identity verification documents and any other information)
13.1.3 Regardless of the market price at the time, if the customer's margin is insufficient, or if Jinxiang International determines that any collateral used to protect the customer's account is insufficient to guarantee the account
13.1.4 The customer is unable to repay the due debts
13.1.5 The customer applies for bankruptcy, or appoints a trustee, or the customer voluntarily or passively engages in any bankruptcy or similar litigation
13.1.6 If any assets of the client are taken over by a receiver appointed by others, or subject to any seizure or execution
13.1.7 Customer death, neurological disorder, or judicial declaration of disability
13.1.8 Any other circumstances or changes in which Jinxiang International should take protective measures
13.2 In the event of a breach of contract, Jinxiang International has absolute discretion to take one or more of the following measures without prior written notice to the customer:
13.2.1 Close any open positions in the customer's account
13.2.2 Cancel any instructions that have not been executed or any other commitments made in the name of the customer
13.2.3 Use funds held or controlled on behalf of the client to offset the client's debt to Jinxiang International
13.2.4 Prohibit customers from accessing or using customer accounts, and close customer accounts
13.2.5 Terminate this agreement without notifying the customer
14.1 Force majeure includes but is not limited to the following events:
14.1.1 Interruption, malfunction or failure of any network transmission, communication system or equipment, computer facilities or trading software, and distributed denial of service attacks
14.1.2 Government actions, outbreak of war or hostilities, riots, disturbances, terrorism, labor disputes, strikes, national emergencies, malicious destruction, or any other international disaster, economic or political crisis that Jinxiang International deems will hinder its continued provision of services
14.1.3 Any natural disaster, earthquake, tsunami, hurricane, typhoon, flood, fire, epidemic or other natural disaster that causes Jinxiang International to be unable to provide services
14.1.4 Regulatory authorities announce the suspension of financial services, or any government or judicial or administrative regulation or order
14.1.5 The market related to Jinxiang International's quotation is suspended, liquidated or closed, or any restrictions or special or unusual terms are imposed on the trading of any such market, or any abnormal market event such as market collapse occurs
14.1.6 Any event, action or circumstance beyond the reasonable control of Jinxiang International that results in Jinxiang International being unable to take any reasonable remedial measures
14.1.7 Any liquidity provider, introducer, principal, broker, clearing house, exchange or regulatory agency fails to fulfill its obligations for any reason
14.1.8 Any delay or error with the supplier of Jinxiang International quotation, resulting in any errors in the relevant quotation during the relevant period
14.2 If Jinxiang International reasonably determines that there is a force majeure event, without affecting any other rights of the customer under this agreement, Jinxiang International may, without prior written notice to the customer, decide to take one or more of the following measures:
14.2.1 Increase margin requirements or spreads without notifying clients
14.2.2 If deemed appropriate by Jinxiang International, close the open positions
14.2.3 Refuse any capital injection application
14.2.4 Refuse to accept customer orders, cancel customer instructions, and/or cancel profits/losses, and deactivate customer accounts
14.2.5 Suspend or modify the scope of application of such terms when it is impractical or impossible for Jinxiang International to comply with its obligations
14.2.6 In the event of a platform malfunction, shut down the platform for maintenance or to avoid damage
14.2.7 Consider the status of Jinxiang International, the client, and other clients, and take or not take all other measures that Jinxiang International reasonably deems appropriate for the situation
14.3 Unless otherwise provided in this Agreement, if Jinxiang International fails to perform, interrupts or delays the performance of its obligations under this Agreement due to force majeure events, Jinxiang International shall not be liable for any losses or damages arising therefrom
15.1 If Jinxiang International provides customers with information, advice, news, transaction related information, market reviews (or provides the above information to customers through news or other means published on its website), Jinxiang International does not guarantee the accuracy and completeness of any such information provided, and is not responsible for it, without fraud or gross negligence. The information contained on the Jinxiang International website is for reference only. Any transaction executed based on inaccurate or erroneous information shall be valid and binding on the customer in all respects, except for transactions that Jinxiang International has the right to revoke or terminate under specific circumstances specified in this agreement
15.2 Jinxiang International shall not be liable to the customer for any losses, damages or expenses arising directly or indirectly from certain circumstances. This type of situation includes but is not limited to:
15.2.1 Communication failures, errors, or delays when using the trading platform
15.2.2 Customer terminal settings errors, customer terminal update disorder, customer failure to follow instructions on the customer terminal, hardware, software, and connection errors on the customer's side
15.2.3 Any delay or change in market conditions prior to the completion of any specific transaction
15.2.4 Jinxiang International is unable to fulfill any of its obligations under this Agreement due to force majeure
15.2.5 Any act, omission or negligence of a third party
15.2.6 Any behavior or statement of the introducer
15.2.7 Before the customer notifies Jinxiang International that the customer's access information has been stolen, others have already obtained these access information
15.2.8 When information is transmitted between the two parties or any other party through the Internet or other communication facilities, mail, telephone or any other means, the information is obtained by an unauthorized third party
15.2.9 Any adverse tax impact of any transaction
15.2.10 Currency risk and slippage occur
15.2.11 Customers use mobile stop loss and/or intelligent trading systems
15.2.12 Any action, order, instruction, or transaction executed by the customer under this agreement
15.3 If Jinxiang International suffers or incurs any losses, damages, costs or expenses, and such losses, damages, costs or expenses are incurred in connection with the performance of this Agreement, the provision of services, and/or any order, the customer understands and confirms that Jinxiang International or its employees or representatives shall not be liable for such losses, damages, costs or expenses, and the customer shall compensate Jinxiang International for such losses, damages, costs or expenses
15.4 Under no circumstances shall Jinxiang International be responsible for any direct, indirect, special, incidental losses, damages, opportunity losses or expenses incurred by the customer in connection with this agreement
All transactions under this agreement shall be governed by the charters, rules, regulations, provisions, conventions, rulings, and interpretations of third-party institutions or other banks, clearing institutions, exchanges, trading committees, and regulatory agencies that execute the transactions, and shall comply with all applicable laws. If any laws or regulations passed by government agencies thereafter become binding on Jinxiang International, or have an impact and/or conflict with any provisions of this agreement, they shall be deemed to be amended or replaced by the relevant laws or regulations, and other provisions and amended provisions shall continue to be effective. The customer acknowledges that all transactions under this agreement are subject to the aforementioned terms
The customer agrees and confirms that all communications and calls involving the customer's account between the customer and Jinxiang International or its employees, whether or not automatic warning prompts are used, may be recorded. The client further agrees that in any disputes or litigation involving the client or Jinxiang International, either party may use such recordings or copies thereof as evidence. The customer understands and agrees that Jinxiang International shall periodically delete such recordings in accordance with its established procedures.
Jinxiang International has not sought compensation for any breach of any terms or conditions of this Agreement, nor has it required the customer to strictly comply with any terms or conditions of this Agreement, nor has it exercised any rights it is entitled to under this Agreement, which does not constitute a default waiver of such rights
According to this agreement, Jinxiang International may authorize all or part of its rights or obligations to any person without prior consent or approval from the customer. Without the prior written consent of Jinxiang International, the customer shall not transfer, mortgage, alter, or otherwise transfer or attempt to transfer the customer's rights or obligations under this agreement
20.1 The customer confirms and agrees that Jinxiang International and the introducer are completely independent of each other, and Jinxiang International shall not be liable for the actions and/or statements of the introducer. The introducer is not an employee of Jinxiang International, and their words and actions do not represent Jinxiang International. Jinxiang International is not bound by any separate agreement signed between the client and the introducer
20.2 The customer accepts and agrees that as Jinxiang International may be obligated to pay commissions or fees to the introducer, any agreement or relationship between the customer and the introducer may incur additional fees
20.3 The customer acknowledges and agrees that if the customer is referred to Jinxiang International by an introducer, the introducer may obtain the customer's personal information and other data related to the customer's trading activities on Jinxiang International's account, and the introducer shall not engage in trading on the customer's account at Jinxiang International
20.4 The customer understands and confirms that the introducer may not be subject to government or regulatory oversight. Jinxiang International does not support or guarantee any services provided by the introducer. The customer is responsible for conducting a proper evaluation of the referrer before using their services
20.5 Jinxiang International cannot control the accuracy and completeness of the information, advice, or over-the-counter trading products obtained or to be obtained by the client from the introducer or any other third party, nor does it endorse or guarantee them. If the introducer or any other third party provides information or advice on over-the-counter trading to the client, Jinxiang International shall not be responsible for any losses incurred by the client due to the use of such information or advice
21.1 Jinxiang International is not responsible for any corresponding errors in the account balance when there are obvious errors or incorrect transaction prices. Errors include but are not limited to: incorrect quotes from traders, quotes from non international market prices, any quote errors caused by hardware, software, or network failures, or incorrect data provided by any third party. Customers need to reserve sufficient time for the system to calculate the required margin and execute orders before opening a transaction. If the execution price or order setting of an order is too close to the market price, it may trigger other orders (regardless of order type) or issue a margin reminder. Jinxiang International shall not be held responsible for any margin prompts, account balances, or account positions arising from insufficient time for the system to execute orders or perform calculations
21.2 In the event of quotation or execution errors, Jinxiang International will treat customers fairly and reserves the right to make any corrections or adjustments to the relevant accounts. Any disputes regarding errors in the quotation and transaction price will be resolved by Jinxiang International at its absolute discretion. If Jinxiang International suffers any loss, damage or liability as a result, the customer agrees to compensate Jinxiang International so that it is not harmed
22.1 Customers shall not illegally access or attempt to access, or otherwise circumvent any security measures applied by Jinxiang International to the trading platform
22.2 Except for the authorized software provided by Jinxiang International, Jinxiang International does not accept any operating software for placing orders in Jinxiang International's system. Once discovered, the transaction will be cancelled and all trading account positions will be forcibly liquidated. Such operations are considered illegal, and the profits obtained are considered illegal profits. Jinxiang International has the right to recover all illegal profits and related expenses (including capital injection handling fees)
22.3 Jinxiang International does not allow customers to carry out arbitrage behaviors such as drilling system loopholes, abusing trading strategies, using quotation errors or Internet delays on the trading platform. Transactions that take advantage of arbitrage opportunities caused by price lag can be cancelled without prior notice. Jinxiang International reserves the right to make necessary modifications and adjustments to the accounts involved. Jinxiang International may intervene, approve all instructions, or close customers' accounts at its absolute discretion. For any disputes arising from arbitrage or execution errors, Jinxiang International will resolve them at its absolute discretion. Jinxiang International reserves the right to restrict withdrawals until the aforementioned issues are resolved. Any action or resolution stated herein shall not prejudice or cause Jinxiang International to waive any rights or compensation it may have against the customer and its employees
22.4 Jinxiang International prohibits any account from manipulating its prices, execution, and platform in any form. If Jinxiang International reasonably suspects that any account is involved in manipulation, Jinxiang International reserves the right to investigate and review the account, and deduct profits earned from related activities from the account in question. For any disputes arising from manipulation, Jinxiang International will resolve them at its absolute discretion. Jinxiang International has the right (in certain circumstances) to report relevant events to any relevant regulatory or law enforcement agency. The client may need to make appropriate disclosures, and the client promises to make disclosures when necessary
22.5 According to international trading standards and industry trading rules, Jinxiang International Precious Metals Platform shall not accept short-term trading orders of less than 3 minutes
23.1 The customer acknowledges and confirms that the customer's transaction password must be kept absolutely confidential and not disclosed to anyone. The customer ensures that third parties cannot access all information such as the transaction account and password. The customer is the only authorized user of the transaction password, and Jinxiang International only accepts operations by the customer themselves
23.2 The customer confirms that they are responsible for all instructions given to Jinxiang International via email, verbal or written means. If such instructions have been verified by the customer's account login and password, they will be deemed to have been issued by the customer. Jinxiang International has no obligation to conduct further inquiries into customer instructions and shall not be liable for any losses resulting from actions or inactions taken in accordance with such instructions. The customer agrees that their trading account and password must be properly kept and not used by any third party
23.3 If the customer violates the above terms by disclosing the transaction password to a third party for use, operation or any other non personal operation behavior in any way, the customer must be responsible for all transactions, losses, expenses, etc., and Jinxiang International shall not be liable for any losses or expenses caused by such non customer executed transactions, nor shall it accept any complaints arising therefrom. If the customer has any objections to any transaction, the trading system records of Jinxiang International shall prevail, and Jinxiang International reserves the right of final interpretation and decision
24.1 This agreement does not grant any rights to the trading platform website or customer service desk to the customer, and only grants the customer limited, non exclusive rights to use the trading platform website and/or customer service desk in accordance with the terms of this agreement. Customers are not allowed to copy, reproduce, modify, repair, develop or resell any part of the trading platform website and/or customer service desk
24.2 The customer expressly agrees that the Jinxiang International website, trading platform, software, and any information or materials that Jinxiang International may provide to the customer from time to time are the property of Jinxiang International or its service providers. Nothing in this agreement shall be construed as a waiver of the intellectual property rights of Jinxiang International or any other third party
24.3 The customer guarantees that they will not tamper with, modify, delete, or cover up any copyright, trademark, or any other proprietary notices provided by Jinxiang International in any way. Without the explicit written consent of our company, the customer shall not publish, transmit or otherwise copy all or part of such information to any other person in any form
25.1 Jinxiang International collects, uses, discloses, stores, and processes customer personal data in accordance with the Personal Data (Privacy) Ordinance, providing customers with the best service while keeping customer information confidential. Publicly available information or information held by Jinxiang International without any confidentiality obligations shall not be considered confidential information
25.2 The customer agrees that the customer's personal information held by Jinxiang International may be used for the following purposes:
25.2.1 Comply with and cooperate with the requirements of courts and regulatory agencies with jurisdiction to disclose to relevant authorities and other government agencies
25.2.2 Disclose to the execution venue, bank, payment service provider or any third party to execute customer instructions and meet relevant requirements for providing services
25.2.3 During the account opening process and the duration of the trading account, Jinxiang International may directly obtain customer information from customers or through other channels (including but not limited to credit reporting agencies, third-party verification service agencies, other financial institutions) to determine customer identity and background, conduct business operations, and other related activities
25.2.4 Use customers' personal information for statistical and other analysis to identify products and services that customers may be interested in, improve service content and functionality, provide customer care, enhance customer experience, etc
25.2.5 Disclose to Jinxiang International's affiliated companies and agents only within the necessary scope for the purpose of promoting and marketing other businesses, but will fulfill the confidentiality obligations under this agreement
25.2.6 Disclosure is limited to the necessary scope to create, maintain or process databases, provide record keeping services, email transmission services, telephone services and other service providers to assist Jinxiang International in collecting, storing, processing customer information, contacting customers, but will fulfill confidentiality obligations under this agreement
25.2.7 When necessary, make disclosures to protect and exercise the legal rights of Jinxiang International
25.3 Customers may occasionally access their personal information stored by Jinxiang International. If the customer needs to change their personal information, relevant matters shall be handled in accordance with clause 7.9 of this agreement
25.4 The customer agrees that Jinxiang International may set and access Jinxiang International cookies on the customer's computer in order to identify the customer's device and analyze website traffic. Jinxiang International may use cookies to track customer browsing information on the Jinxiang International website, and the collected information will be aggregated and anonymous
25.5 Jinxiang International is committed to ensuring website security and compliance with industry standards, as well as using information security protection tools including firewalls, authentication systems, etc. to prevent unauthorized systems from entering the website and accessing data
25.6 Jinxiang International is committed to properly preserving the collected personal data of customers, but in view of the public nature of the Internet, it may not be able to ensure that the personal data of customers are protected from intentional interference by third parties. Customers' personal information is not covered by the aforementioned personal data privacy regulations when browsing third-party operated web pages through the Jinxiang International website
26.1 Jinxiang International reserves the right to revise this agreement from time to time and make announcements through the website. Customers should browse and pay attention to the update time and content of the relevant terms from time to time, and agree to be bound by them once published
26.2 Any revised agreement shall supersede any previous agreement between Jinxiang International and the client regarding the same matter, and shall apply to any transactions entered into after the effective date of the new agreement or not yet completed on that effective date
27.1 This agreement shall remain valid until terminated, and the customer may terminate the agreement at any time, as long as the customer does not hold any open positions and does not have any debts to Jinxiang International at that time. The customer may notify Jinxiang International in writing to handle the cancellation of their account
27.2 If there are reasonable grounds (such as a breach of contract as described in Article 13 of this Agreement), or if Jinxiang International deems it unsuitable to continue providing services to the customer, Jinxiang International may terminate this Agreement immediately without prior notice to the customer
27.3 The termination of this Agreement shall not affect any transactions previously entered into, nor shall it affect any rights or obligations of either party arising under this Agreement, nor shall it relieve the Customer of any liability for any outstanding debts
27.4 After the termination of this agreement, all payments that the customer shall make to Jinxiang International shall immediately become due and payable, including but not limited to:
27.4.1 All unpaid fees and any other amounts payable to Jinxiang International
27.4.2 Any expenses incurred as a result of termination of this agreement, and expenses incurred as a result of transferring customer investments to other companies
27.4.3 Any losses and expenses incurred as a result of the termination of any transaction, settlement, or settlement of outstanding debts borne by Jinxiang International on behalf of the client
27.4.4 Any losses incurred during the processing and resolution of outstanding debts
27.5 After the termination of this agreement, Jinxiang International may, at its absolute discretion, take the following measures:
27.5.1 has the right to require customers to close all open positions before a specified date, or to require customers to withdraw all funds before a specified date
27.5.2 has the right to suspend or refuse customers from opening transactions
27.5.3 has the right to cancel some or all of the customer's pending orders
27.5.4 has the right to change the trading rules applicable to customers, including but not limited to adjusting margin, spreads, overnight interest, forced liquidation ratio, etc
27.5.5 Notify the customer of the termination of this agreement, which shall take effect at the close of market on the date of notification
28.1 If the customer dies, Jinxiang International will make every effort to protect the customer's interests. Any person claiming to be the legal representative or beneficiary of the client's estate must present a valid and legal notice of the client's death, a court acceptance letter, and relevant documents, as well as provide legal advice from a local lawyer to prove their legal inheritance rights (if necessary), in order for Jinxiang International to handle account cancellation and withdrawal arrangements
Upon receipt and confirmation of the customer's death certificate, Jinxiang International will consider the customer's death as a breach of contract, and Jinxiang International may exercise any of its rights under clause 13 of this agreement, including but not limited to closing all open positions in the customer's account. This agreement shall continue to be binding on the client's estate until its termination
28.3 When Jinxiang International provides transaction only services to customers, Jinxiang International is not obligated to take responsibility for managing the customer's account after their death
28.4 The customer agrees and confirms that Jinxiang International has the absolute discretion to take appropriate measures in special circumstances to handle account cancellation and withdrawal arrangements. Jinxiang International has the right to take the above measures upon receipt of preliminary documents provided by relevant parties
Prior to account cancellation, Jinxiang International will continue to charge any applicable fees
29.1 All rights and remedies enjoyed by Jinxiang International under this Agreement are cumulative and not exclusive to any rights or remedies provided by common law or equity
29.2 If any provision of this Agreement is found by any court of competent jurisdiction to be illegal, invalid, unenforceable, or in violation of any regulatory authority, that portion shall be deemed to be a divisible provision within that scope and shall not be deemed to form an integral part of this Agreement, nor shall it affect the validity of the remaining provisions of this Agreement
29.3 Jinxiang International does not guarantee that all information, programs, texts, etc. contained on its website are completely secure and not subject to any interference or damage from viruses, Trojans, or other malicious programs. Therefore, the use of any services on Jinxiang International's website or the downloading and use of any programs, information, data, etc. is solely determined by the customer and is at the customer's own risk and possible loss
This agreement is governed by the laws of the Hong Kong Special Administrative Region and shall be interpreted and enforced accordingly. Both parties agree irrevocably to accept the exclusive jurisdiction of the Hong Kong courts