WorldFirst Wealth Service Agreement
Before you proceed, please review and accept the following Service Agreement (this "Agreement") in relation to your access to the "WorldFirst Wealth" (which expression shall also include this Website) and use of the relevant services.
For convenience, this Agreement has been produced in both English and Chinese. The English version is the original language and the Chinese version is a translation for information purposes only. To the extent that there is any discrepancy or inconsistency between the English version and the Chinese version, the English versions shall prevail.
Once you click acceptance of this Agreement online, you will be deemed to have agreed to enter into the same with World First Asia Limited. You will be deemed to be aware of, and to fully understand the full contents, meaning and corresponding legal consequences of this Agreement, and you agree to exercise your rights and perform your obligations pursuant to this Agreement. You agree that all information provided, registration and actions taken by your authorized representative on your account shall be binding on you and be deemed to be your actions, for which you are legally responsible. You warrant that you are in control of your World Account and you have been exercising reasonable care to keep your World Account details in safe custody. Your acceptance of this Agreement online has the same legal effect as if your authorized signatory has signed the same in person and affixed your official seal. This Agreement shall become effective immediately after your acceptance.
1. About Us and Our Service
1.1 World First Asia Limited (“WorldFirst” together with other World First Group companies, “WorldFirst Group”) is regulated as a Money Services Operator (“MSO”) by the Hong Kong Customs and Excise Department. You can check our registration by visiting the MSO licencing website at https://eservices.customs.gov.hk/MSOS/wsrh/001s1.
1.2 This Agreement sets out the terms governing the services provided by WorldFirst to you with regard to your use of WorldFirst Wealth. This Agreement should be read together with and form part of the World Account Terms and Conditions of your World Account (https://www.worldfirst.com.cn/static/policy/world-account-asia).
1.3 WorldFirst Wealth is not intended for and should not be accessed by persons located or resident in any jurisdiction where (by reason of that person's nationality, domicile, residence or otherwise) the availability of WorldFirst Wealth is prohibited or contrary to local law or regulation or would subject any WorldFirst Group entity to any registration or licensing requirements in such jurisdictions. It is your responsibility to be aware of, to obtain all relevant regulatory approvals, licenses, verifications and/or registrations under, and to observe all applicable laws and regulations of any relevant jurisdiction in connection with your use of WorldFirst Wealth.
1.4 WorldFirst Wealth serves as an internet platform designed to provide you with integrated access to certain financial service providers (which may or may not be a member of the Ant Group) for convenience and enhanced experience only. WorldFirst is not an agent or representative of, and does not purport to act for and on behalf of, any such financial service providers. All investments involve risks, including possible loss of principal. You are not obliged to use any service of or open an account with any Third Party Service Provider (as defined below) that you may access through WorldFirst Wealth. You acknowledge and agree that WorldFirst does not induce or attempt to induce you to deal in any securities or make any investment, including deposits.
1.5 WorldFirst is NOT licensed by the Securities and Futures Commission in Hong Kong (the "SFC") pursuant to the Securities and Futures Ordinance (Chapter 571 of the Laws of Hong Kong) (the "SFO") and is NOT licensed or registered by the Hong Kong Monetary Authority pursuant to the Banking Ordinance (Chapter 155 of the Laws of Hong Kong) (the "BO"). WorldFirst does NOT, and does NOT purport to, carry on a business in any regulated activity as defined under the SFO or carry on any banking business or business of taking deposits as defined under the BO. WorldFirst is not a local representative office (as defined under the BO) of any financial institution.
1.6 The services to be provided by WorldFirst under this Agreement shall be offered at WorldFirst’s sole discretion. WorldFirst reserves the right, at its sole discretion, to offer, modify, suspend or terminate any or all of the services provided to you under this Agreement at any time without prior notice.
2. Placing Order Through WorldFirst Wealth
2.1 You understand and acknowledge that we may share your know-your-client and/or know-your-business information (including name, telephone number, email, bank account information, data relating to any ultimate beneficial owners and etc.) with any Third Party Service Provider, for purposes of opening your account with such Third Party Service Provider. We may also obtain your transaction data from such Third Party Service Provider for purposes of risk controls, fraud detection and prevention, and compliance with our anti-money laundering and other legal and regulatory obligations.
2.2 All information relating to financial products and certain related content on this Website are provided by third parties, who are responsible for the respective data and content. Such information and content are made available on this Website for information purposes only, and WorldFirst does not make any representations or express or implied warranties (which are expressly disclaimed) in relation thereto. WorldFirst expressly disclaims all liabilities for errors and omissions in such information and content and for the use or interpretation by others thereof. Neither the information nor any statement contained on this Website provided by WorldFirst constitutes (a) any tax, accounting, regulatory, legal, insurance or investment advice, or (b) any promotion, recommendation, offer or solicitation to deal in any financial products or services provided by any Third Party Service Provider.
2.3 On the relevant pages of this Website, you will be redirected to the designated third party webpages or content of your choice ("Third Party Content"). Third Party Content may or may not appear as embedded content of this Website, and will be stated as content provided by the relevant third party (each a “Third Party Service Provider”), who is solely responsible for such content. Your access to and use of such Third Party Content is governed by the terms of use and privacy policy of the relevant Third Party Service Provider, and shall be at your own risk. Our inclusion of redirections to, or our embedment of, such Third Party Content does not imply any endorsement of the content, products and services of such Third Party Service Provider. WorldFirst neither provides nor controls any of the financial products and services appearing in the Third Party Content. WorldFirst is not the service provider of any of the services appearing in the Third Party Content. WorldFirst makes no representation that the Third Party Content is appropriate for use in all or any locations, or that the transactions, financial products or services discussed in the Third Party Content are available, suitable or appropriate for sale or use in all or any jurisdictions or countries, or by all or any persons. All persons accessing this Website and any Third Party Content do so on their own initiative and are responsible for compliance with applicable local laws and regulations. WorldFirst hereby disclaims any liability arising from or in connection with your activities with respect to the Third Party Content, including without limitation any investment decision you may make in respect thereof.
2.4 You may settle your subscription instruction made through Third Party Content with your available balance in your World Account.
2.5 WorldFirst’s role in relation to any financial product or service provided by any Third Party Service Provider to you is limited to acting on any payment instruction provided by Third Party Service Provider in respect of the funds in your World Account in connection with your transaction instruction with such Third Party Service Provider (the “Instructions”). This includes but is not limited to instructions to WorldFirst to debit and/or credit your relevant currency balance in your World Account to settle your liability on any subscription instruction you have made with the Third Party Service Provider.
2.6 You hereby request, instruct and authorise WorldFirst to receive Instructions from Third Party Service Provider on your behalf and to act on the Instructions received from Third Party Service Provider by debiting or crediting your relevant currency balance in your World Account in such time periods and durations as stated in such Instructions.
2.7 You confirm that WorldFirst is entitled to treat such Instructions received from Third Party Service Provider as specific payment orders provided by yourself to WorldFirst, and you authorize and consent to WorldFirst debiting and/or crediting your relevant currency balance in your World Account according to the Instructions.
2.8 For the avoidance of doubt, WorldFirst is not a party to any financial product or service provided by any Third Party Service Provider. You further acknowledge and agree that WorldFirst is not dealing in any financial products for or with you, and does not hold itself out as doing so.
2.9 You shall address all queries and resolve any disputes regarding the financial products or service with the relevant Third Party Service Provider in accordance with the terms entered into between you and such Third Party Service Provider.
3. Information on this Website
3.1 Your balance figure with WorldFirst Wealth as showed on this Website is the sum of (i) your cash balance in the relevant currency held in your World Account, and (ii) where applicable, the respective net asset value(s) of your interest(s) in the relevant financial products(s) as provided by the relevant Third Party Service Provider (the "NAV Information"). The NAV Information may not be real time and may be subject to delay.
3.2 Your transaction information as shown on this Website is provided by the relevant Third Party Service Provider with whom you placed the order (collectively, the “Transaction Information”).
3.3 The NAV Information and Transaction Information are provided "as is" and you as the user of the NAV Information and Transaction Information assume the entire risk of any use it may make or permit to be made of the NAV Information and Transaction Information. WorldFirst does not make any representations or express or implied warranties (which are expressly disclaimed) in relation to the NAV Information and Transaction Information, nor shall WorldFirst incur liability for any errors or omissions in the NAV Information and Transaction Information, or for any damages related thereto.
4. Indemnification and Limitation of Liability
4.1 In consideration of using WorldFirst Wealth, you agree to indemnify and hold each WorldFirst Group entity, its officers, directors, employees, affiliates, agents, licensors and suppliers harmless against any and all claims, losses, liability, costs and expenses (including but not limited to attorneys' fees) arising from your use of WorldFirst Wealth (including your use of Third Party Content, whether or not embedded on this Website), from your violation of this Agreement or from any decisions that you make based on such information.
4.2 Each WorldFirst Group entity, its officers, directors, employees, affiliates or agents will not be liability to you or anyone else for any damages of any kind, including, but not limited to, direct, consequential, incidental, special or indirect damages (including, but not limited to, loss of profits, trading losses or damages), that result from use or loss of use of WorldFirst Wealth or any Third Party Content, even if WorldFirst has been advised of the possibility of such damages or losses, including, but not limited to, from the use or attempted use of WorldFirst Wealth or any Third Party Content.
5. Termination
5.1 This Agreement shall continue until terminated in accordance with this clause.
5.2 WorldFirst may terminate this Agreement by giving you no less than 1 month prior notice.
5.3 If the World Account Terms and Conditions between you and WorldFirst is terminated due to any reason, this Agreement should be terminated at the same date as the termination date of the World Account Terms and Conditions.
5.4 Termination by either you or us shall not affect any Instruction given prior to the Termination Date and relevant outstanding obligations shall still be enforceable.
6. Miscellaneous
6.1 WorldFirst shall not provide you with any investment advice or advice such as whether to proceed or not to proceed with a transaction or in respect of timing of a transaction or the legal, regulatory, business, financial or other consequences of a transaction. All services contemplated by this Agreement are strictly limited to payment services. The integrated access through this Website to other financial service providers is for your convenience and enhanced experience only and does not constitute any service provided by WorldFirst under this Agreement. Any decision to transact is always your decision and we cannot be liable for any loss raised thereto. Nothing in this Agreement confers or is intended to confer a benefit enforceable by a person who is not a party to it.
6.2 You consent to us assigning our rights under this Agreement (including all of our rights, titles, benefits, interests, and obligations and duties in this Agreement) to an affiliate or successor in interest. You may not assign your rights under this Agreement without our prior written consent.
6.3 You acknowledge and agree that WorldFirst provides the services as an independent contractor. Nothing contained in this Agreement shall be construed to establish a joint venture, partnership, employment relationship, principal-agent relationship or otherwise between WorldFirst and you.
7. Jurisdiction
7.1 This Agreement shall be governed by and construed in accordance with the laws of Hong Kong. The parties agree to irrevocably submit to the exclusive jurisdiction of the courts of Hong Kong.
8. Definitions
Unless otherwise stated below, the terms defined in the WorldFirst Account Terms and Conditions shall have the same meanings when used in this Agreement. In addition, unless stated otherwise, the following terms shall have the following meanings:
“WorldFirst Wealth” means the platform service, offered on this Website, designed to provide customers with integrated access to certain financial service providers for convenience and enhanced experience.
“Termination Date” means the date on which this Agreement is deemed to come to an end and the obligations cease to be enforceable, except for those clauses that specifically state that they survive termination.
“Website” refers to the website of https://fs.worldfirst.com/finance/fund