Nuqi Gold DMCC, including but not limited to its shareholders, directors, officers, employees, group members, affiliates, and assignees (collectively referred to as “Nuqi” or “We”), accepts no liability and offers no warranties concerning the documentation or information presented on this website, to the fullest extent permitted by law. The information contained on this website is subject to change without notice.

Nuqi has exercised all reasonable care in compiling the information provided on this website. Nevertheless, Nuqi does not guarantee or assert that the information will be promptly updated or that it will reveal all relevant details regarding the services mentioned herein. Additionally, Nuqi does not verify the authenticity of information obtained from third parties.

No documentation or information provided on this website is intended to constitute a recommendation of any investment, financial advice, or any other advice by any party in any jurisdiction. Full details on the products and services are not available herein and may be provided by Nuqi upon additional request.

This website contains general information collected, maintained, and provided for the informative purposes and convenience of the eligible user only and shall not be relied upon to make any final business or investment decisions.

No information contained on this website should be construed as an investment advertisement. Accordingly, nothing in this website is to be construed as providing financial advice, an offer or invitation made to any person to enter into any legal agreement of any kind or exercise any rights whatsoever, in relation to the offering of any security or a solicitation.

Unauthorized use of the contents of this website is strictly prohibited. Under no circumstances should the information provided on this website be copied, disseminated, reproduced, or redistributed other than printing or downloading for personal non-commercial use by ‘eligible persons’. No rights of any kind are licensed or assigned or shall otherwise pass to pe sons accessing this website.

Nuqi does not assume any liability and shall not be liable to you for any damages, including but not limited to, direct or indirect, special, incidental, or consequential damages, losses, or expenses arising in connection with this website and the information contained within, the use of, or the inability to use, the website by any party.Any link within this website, except for any link to other Nuqi corporate sites, is included for information purposes only and for your convenience. Nuqi’s inclusion of such links does not imply any endorsement of the materials on such links. Nuqi does not accept any liability and shall not be liable to you for any loss or damage arising from or as a result of your acting upon the content of another website to which you may link from this website.

By proceeding into this website, you are representing and warranting that you are an Eligible Person and agree to the use of the website subject to the terms and conditions stated herein.

 

1. Introduction

Nuqi is a DMCC- based company licensed by DMCC for trading in non-manufactured precious metal trading, with registration No – DMCC198176

1.1 Purpose

We offer digital gold backed by physical gold (the Services). Should you choose to become our client (“Client”), we will offer gold from as minimum as 0.5 Grams through our online platform(s)

When you use our website and mobile application you enter into a series of legally binding agreements. You also agree to our Privacy Policy which covers how we collect,use, share and store your personal information.

1.2 Binding Agreement

When you access our website at https://nuqigold.com/ and/or our mobile application (“our website”, “our App” or “Nuqi”) as a user (“User”), you’re agreeing to be bound by the following Terms of Use, and, if you’ve elected to become a Client, our Client Agreement. Please therefore take the time to read the following binding Terms of Use below.

For the purpose of this Terms of Use, a User is an individual who uses our website or App to evaluate our Service, or for educational purposes and a Client is an individual who signs our Client Agreement that entitles the Client to have her or his investment portfolio managed by Nuqi on a discretionary basis and in accordance with an agreed investment mandate. This Terms of Use, as well as the Privacy Policy applies to both Users and Clients.

If you elect to become a Client, you will be subject to these Terms of Use, our Client Agreement, our Privacy Policy and any additional terms to which you agree when you create and fund an investment account.

 

2. Clients

2.1 Eligibility

Nuqi is intended solely for individuals who are 18 years or older. Any access to or use of Nuqi by anyone under 18 is unauthorized, unlicensed, and in violation of these Terms of Use. By accessing or using Nuqi, you represent and warrant that you are 18 or older, that you can form a binding contract with Nuqi, that you are not a person barred from using the Service under the laws of the United Arab Emirates, DMCC laws, or any other applicable jurisdiction, and that you will comply with these Terms of Use Agreement and all applicable local, state, national, and international laws, rules, and regulations..

You will keep your username and password safe.

You will not share your account with anyone else.

2.2 Your Access

To access certain features of Nuqi, you must register and create a User Account. During registration, you will choose a password, which you will need to access your User Account. Nuqi employs physical, electronic, and procedural safeguards that comply with DMCC standards to protect Users’ and Clients’ non-public personal information.

You are responsible for safeguarding your password and User Account information. You agree not to disclose your password to any third party and to notify Nuqi immediately if your password is lost or stolen or if you suspect any unauthorized use of your User Account. As a User, you agree to be solely responsible for any activities or actions under your User Account, whether or not you have authorized such activities or actions.

You agree that the information you provide during account registration through our website, app, or any other communication channel will be true, accurate, current, and complete.

You are prohibited from scraping or copying information through any means (including crawlers, browser plugins, add-ons, and any other technology or manual work) as detailed in Section 6.2.

The content of the site is protected by applicable copyright and trademark laws.Unauthorized use or exploitation of such content is strictly prohibited, including, but not limited to, unauthorized downloading, retransmission, storage in any medium, copying, redistribution, reproduction, or republication of the site, or any part thereof, for any purpose.

Nuqi cannot guarantee complete confidentiality or security for information that is transmitted electronically. By accessing the site, you acknowledge that Nuqi is not responsible for any damages or losses you may suffer due to your electronic transmission of confidential or sensitive details. Please refer to Nuqi’s privacy policy for more information. We may send you communications that you are required to read. You may customize them according to your preferences.

2.3 Alerts, Notifications and Service Communications

By creating a User Account, you automatically sign up for various types of alerts via e-mail and mobile notifications. When logged in, you may customize, modify, and in some cases, deactivate alerts by adjusting the settings accordingly.

We never include your password in these communications; however, we may include your name, email address, and information about your portfolio(s) if you are a Client. Anyone with access to your email or mobile device will be able to view these alerts.

 

3. Disclaimer and Limit of Liability

Nuqi cannot be held responsible for any financial insights or recommendations provided to Users. This website is only intended to provide you with general information and is neither considered to be a financial advice, an offer to sell nor a solicitation of an offer to purchase any security and may not rely on investment purposes.

3.1 For a User who is not a Client

You understand and acknowledge that the investment results you could obtain from investment information and financial insights provided by Nuqi cannot be guaranteed and that Nuqi cannot be held responsible. All investments entail a risk of loss and that you may lose all your money. Investment management services may be offered to individuals who become clients, at the sole discretion of Nuqi. Your election to engage our investment management services are subject to your explicit enrolment and acceptance of the separate Client Agreement and related fee schedule.

You agree and understand that your use of Nuqi is for its intended purposes only and it is not intended to provide legal, tax or financial planning advice. You agree as a User that you are responsible for your own investment research and investment decisions, that Nuqi is only one of many tools you may use as part of a comprehensive investment education process, that you should not and will not rely on Nuqi as the primary basis of your investment decisions and, except as otherwise provided for herein, Nuqi will not be liable for decisions/ actions you take or authorize third parties to take on your behalf based on information you receive as a User of Nuqi or information you otherwise see on our website.

Other sites accessed by hyperlinks appearing in the site may be independently developed by parties other than Nuqi. Nuqi does not guarantee the accuracy of the information contained in such sites.

Links to other sites should not be taken as Nuqi’s endorsement or approval of such sites, the third parties named therein, or their products and services, nor is any liability assumed for incompatibility, non-suitability, viral infection or other destructive components on or from such sites.

This is our disclaimer of legal liability.

3.2 Disclaimer of Warranties

Your use of Nuqi’s website, and the personal information you provide is at your sole discretion and risk. Nuqi’s website and all materials, information, products and services included therein, are provided on an AS IS and AS AVAILABLE basis without any representations, warranties or conditions of any kind from Nuqi. Whether expressed or implied, and including without limitation implied representations, warranties or conditions of title, non-infringement, merchantability, fitness for a particular purpose, performance, durability availability, timeliness, accuracy, or completeness, all of which are now disclaimed by Nuqi to the fullest extent permitted by law.

Nuqi expressly disclaims all warranties of any kind, whether express, implied, or statutory, relating to nuqi’s website, content, and user information, including but not limited to the warranties of title, merchantability, fitness for a particular purpose, non-infringement of proprietary rights, course of dealing, or course of performance. Nuqi disclaims any warranties, express or implied, including but not limited to:

The availability, security, accuracy, reliability, timeliness, and performance of nuqi’s website, content, and/or user information.

That nuqi’s website will be error-free or that any errors will be corrected.

That nuqi’s website will be free from electronic viruses.

The performance of or accuracy, quality, currency, completeness, or usefulness of any information provided by nuqi on its website, including but not limited to information obtained through social media.

Some countries or jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above exclusions may not apply to you.

These are the limits of legal liability we may have to you.

3.3 Limitation of Liability

Here is the text with normal capitalization, where only the first letter of each sentence is capitalized, along with proper formatting:

In no event shall Nuqi or any of its officers, directors, employees, or agents be liable to you for any damages whatsoever, including without limitation indirect, incidental, special, punitive, or consequential damages, arising out of or in connection with your use of Nuqi, content and/or user information, including but not limited to the quality, accuracy, or utility of the information provided as part of or through Nuqi or for any investment decisions made on the basis of such information, whether the damages are foreseeable and whether or not Nuqi has been advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction and in no event shall Nuqi’s cumulative liability to you exceed U.S. AED250.

Every effort has been made to ensure that the website’s material is accurate at the time of publication. However, Nuqi will not under any circumstances be liable to you or any other person in any way for any loss or damages (direct, indirect, special, economic,incidental, consequential, punitive or exemplary, including without limitation loss of revenue, data, anticipated profits or lost business) in respect of the use of, or inability to use, or any reliance on, the website, any of its content or links (including without limitation any inaccuracies or viruses), or any web browser or other equipment.

By accessing the website, you agree to indemnify and hold harmless Nuqi and its agents, suppliers and their respective directors, officers, and employees from and against all actions, proceedings, costs, claims, liabilities, damages, and expenses (including reasonable legal fees) arising from or in connection with a breach of these terms and conditions or the use of this website.

 

4. Termination

Each of us can end this Terms of Use at any time.

You may request termination of your User Account at any time and for any reason by sending an email to support@nuqigold.com or through the process specified in the App.

We may terminate or suspend your access to Nuqi, in our sole discretion, at any time for any reason without notice to you. Further, if we believe, in our sole discretion, that a violation of these Terms of Use has occurred, we may take any other corrective action we deem appropriate. We reserve the right to investigate suspected violations of these Terms of Use. We may seek to gather information from a user who is suspected of violating these Terms of Use (or from any other user) and you agree to provide us with such information. We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting, publishing, or otherwise making available any User information, emails, or other materials that are believed to violate these Terms of Use.

Any suspension, termination, or cancellation shall not affect your obligations to Nuqi under these Terms of Use (including but not limited to ownership, indemnification, and limitation of liability), which by their sense and context are intended to survive such suspension, termination, or cancellation.

 

5. Dispute Resolution

You agree that these Terms of Use shall be governed by and interpreted in accordance with the laws of the UAE excluding that body of law pertaining to conflict of laws.Any legal action or proceeding arising under these Terms of Use will be brought exclusively in courts of the UAE, and the parties hereby irrevocably consent to the personal jurisdiction and venue therein.

 

6. Nuqi “Dos” and “Don’ts”

Nuqi grants you a license to use our website and App so long as you comply with all our rules.

6.1 Dos.

You agree you will:

Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, export control laws, tax laws, and regulatory requirements;

Provide accurate information to us, whether reported directly or through a third party who you authorize, and keep it updated;

Use the services solely for your personal, non-commercial use;

Use your real name on your profile and keep your password confidential; and Use the Services in a professional manner.

6.2 Don’ts.

You agree you won’t:

Circumvent, disable, or otherwise interfere with security-related features of Nuqi or features that prevent or restrict use or copying of any content or User information.

Upload, email, transmit, provide, or otherwise make available:

(a) any User information which you do not have the lawful right to use, copy,transmit, display, or make available (including any User information that would violate any confidentiality or fiduciary obligations that you might have with respect to the User information); or

(b) any User information that infringes the intellectual property rights of, or violates the privacy rights of, any third-party (including without limitation copyright, trademark, patent, trade secret, or other intellectual property right, moral right, or right of publicity); or

(c) unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation; or

(d) any personal information that is unlawful, obscene, harmful, threatening, harassing, defamatory, or hateful, or that contain objects or symbols of hate, invade the privacy of any third-party, contain nudity, are deceptive, threatening, abusive, inciting of unlawful action, or are otherwise objectionable in the sole discretion of Nuqi; or

(e) any personal information that contains software viruses or any other computer code, files, or programs designed to (i) interrupt, destroy, or limit the functionality of any computer software; or (ii) interfere with the access of any user, host or network, including without limitation overloading, flooding, spamming, mail-bombing, or sending a virus to Nuqi; or

(f) any personal information that includes code that is hidden or otherwise surreptitiously contained within the User information. Use any meta tags or other hidden text or metadata utilising a Nuqi name, trademark, URL or product name.

Forge any TCP/IP packet header or any part of the header information in any posting, or in any way use Nuqi to send altered, deceptive, or false source- identifying information.

Interfere with or disrupt (or attempt to interfere with or disrupt) any Nuqi web page, server, or network, or the technical delivery systems of Nuqi’s providers, or disobey any requirements, procedures, policies, or regulations of networks connected to Nuqi.

Attempt to probe, scan, or test the vulnerability of any Nuqi system or network or breach or impair or circumvent any security or authentication measures protecting Nuqi.

Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software used to provide Nuqi.

Attempt to access, search, or meta-search Nuqi or content thereon with any engine, software, tool, agent, device, or mechanism other than software and/or search agents provided by Nuqi or other generally available third- party web browsers, including without limitation any software that sends queries to Nuqi to determine how a website or web page ranks.

Violate the terms of service or any other rule or agreement applicable to you or Nuqi’s inclusion in, reference to, or relationship with any third party or third-party site or service, or your use of any such third-party site or service.

Collect or store personal information about other users without their express permission.

Impersonate or misrepresent your affiliation with any person or entity, through pretexting or some other form of social engineering, or commit fraud.

Solicit any User for any investment or other commercial or promotional transaction.

Violate any applicable law and regulation.

Scrape or copy information through any means (including crawlers, browser plugins and add-ons, and any other technology or manual work).

Use, launch, or permit to be used any automated system, including without limitation “robots,” “crawlers,” or “spiders”; or

Copy or use the information, content or data on Nuqi in connection with a competitiveservice (as determined by Nuqi).

Monitor Nuqi’s availability, performance or functionality for any competitive purposes.

Use Nuqi or content thereon in any manner not permitted by these Terms of Use Copyrighted Materials.

If you become aware of any misuse of Nuqi or its content by any person, please contact Nuqi to report the abuse. Nuqi has adopted and implemented a policy that provides for the termination of Accounts of users who infringe the rights of copyright holders.

 

7. Account Information from Third Party Sites

Users may link their accounts with third-party financial institutions with which they have customer relationships, maintain accounts or engage in financial transactions and direct Nuqi to retrieve and display information from these accounts (“Account Information”).Nuqi works with one or more third-party service providers to access this Account Information. By linking these accounts or directing Nuqi to retrieve your third-party Account Information, you are consenting to the processing of your Account Information, and other personal information you provide that is needed to retrieve your Account Information, such as credentials, by Nuqi and such service provider(s) in connection with providing this service in accordance with our Privacy Policy and as permitted by law, and, if you’ve elected to become a Client, you are consenting to the use of your Account Information by Nuqi and its affiliates in connection with the management of your Nuqi account. Nuqi does not review the Account Information for accuracy, letyor non-infringement. Nuqi is not responsible for the Account Information or products and
services offered by or on third-party sites.

Nuqi cannot always foresee or anticipate technical or other difficulties which may result in failure to obtain data or loss of data, personalization settings or other service interruptions. Nuqi cannot assume responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any user data, communications or personalization settings. Displayed Account Information is only as fresh as the time shown, which reflects when the information was obtained from third-party sources.

 

8. General Terms

Some other important details about the Terms of Use:

In the event that any provision in these Terms of Use is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect. The failure of a party to enforce any right or provision of these Terms of Use will not be deemed a waiver of such right or provision. You may not assign this Terms of Use (by operation of law or otherwise) without the prior written consent of Nuqi, and any prohibited assignment will be null and void.

Nuqi may assign this Terms of Use or any rights hereunder without your consent. The relationship of the parties under these Terms of Use is that of independent contractors, and these Terms of Use will not be construed to imply that either party is the agent, employee, or joint venture of the other. Note that if you elect to become a Client, the relationship of the parties will be governed by these Terms of Use, Client Agreement,our Privacy Policy and any additional terms to which you agree when you create and fund an investment account.

We may make changes to this Terms of Use and the Service from time to time. We may do this for various reasons, including to reflect changes in or requirements of the applicable law, new features, or changes in business practices.

The latest version of this Terms of Use will be posted on the website under Terms of Use, and you should regularly check for the latest version. The newest version is the version that applies. If you continue to use the Service after the changes become

effective, you agree to the revised Terms of Use. You agree that this Terms of Use shall supersede any prior agreements (except as specifically stated herein) and shall governyour entire relationship with Nuqi, including but not limited to events, agreements, and conduct preceding your acceptance of this Terms of Use. We reserve the right to change this Terms of Use by posting a revised Terms of Use and we agree that changes cannot be retroactive. If you don’t agree with these changes, you must stop using Nuqi.

You agree the only way to provide us legal notice is at the address provided in Section 10.3.

 

9. International Use

Nuqi does not make any representation that its services are appropriate or available for use outside the DMCC. Similarly, we make no representations that accessing Nuqi from locations outside the DMCC is legal or permissible under local laws. If you access Nuqi from areas outside of the DMCC, you do so at your own risk and are solely responsible for compliance with local laws.

 

10. Miscellaneous

10.1 Integration & Severability

This Terms of Use is the entire agreement between you and us with respect to Nuqi,and your use of our website and App, and supersedes all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us.If any provision of this Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Terms of Use will otherwise remain in full force and effect. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

10.2 Communication

You agree that these Terms of Use and the rules, restrictions, and policies contained herein, and Nuqi’s enforcement thereof, are not intended to confer and do not confer any rights or remedies on any person other than you and Nuqi. These Terms of Use together with Nuqi’s Privacy Policy and Client Agreement (if applicable) constitute the entire agreement between Nuqi and you with respect to the subject matter hereof. Any notice or other communication to be given hereunder will be in writing and given by (a) Nuqi via email (in each case to the address that you provide), or (b) you via email to support@nuqigold.com or to such other addresses as Nuqi may specify in writing.The date of receipt shall be deemed the date on which such notice is transmitted.

We welcome your feedback!

10.3 Feedback

Your feedback is welcome and encouraged. You may submit feedback by emailing us at support@nuqigold.com . You agree, however, that (i) by submitting unsolicited ideas to Nuqi or any of its employees or representatives, by any medium, including but not limited to email, written, or oral communication, you automatically forfeit your right to

any intellectual property rights in such ideas; and (ii) such unsolicited ideas automatically become the property of Nuqi. You hereby assign and agree to assign all rights, title, and interest you have in such feedback and ideas to Nuqi together with all intellectual property rights therein. In addition, you warrant that all moral rights in any feedback have been waived, and you do hereby waive any such moral rights.

10.4 Questions

This document constitutes Nuqi’s complete Terms of Use for Nuqi and related services.
If you have questions about these Terms of Use or about Nuqi or content thereon,please contact Nuqi at support@nuqigold.com .

 

11. Severance

No consent or waiver by either party, or of any breach or default by, the other party in its performance of its obligations under this Terms of Use will be deemed or construed to be a consent to, or a waiver of, a continuing breach or default or any other breach or default of those or any other obligations of that party. No consent or waiver will be effective unless in writing.

If any provision of these terms and conditions is unlawful, void, or for any reason is unenforceable. That provision shall be deemed to be severed from the rest of these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.

Digitization Entity:
Nuqi Gold DMCC, a company registered in the DMCC Free Zone DMCC198176 with registration number and having its address at Unit No: 4094 DMCC Business Centre Level No 1 Jewellery & Gemplex 3,Dubai,United Arab Emirates

 

1 Definitions and interpretation

1.1 In these terms and conditions (“Terms“):

Affiliate“; means, with respect each party, any other person who, directly or indirectly, Controls, is controlled by, or is under common Control with such party, including, without limitation, any general partner, managing member, officer or director of such party or any venture capital fund now or hereafter existing that is Controlled by one or more general partners or managing members of, or shares the same management or advisory company with, such party;

Authorised Partners” has the meaning provided in clause 9

Charge Fee” has the meaning provided in clause 11.1 and 11.2

Digitization Entity” means Nuqi Gold DMCC and its affiliates

and subsidiary companies;

Control” means:

(a) the power of a person (whether directly or indirectly and whether by the ownership of share capital, the possession of voting power, contract or otherwise) to appoint and/or remove all or such of the members of the board or other governing body as are able to cast a majority of the votes capable of being cast by the members of that board or body on all, or substantially all, matters, or otherwise to control or have the power to control the policies and affairs of that person; and/or

(b) the holding and/or possession of the beneficial interest in and/or the ability to exercise the voting rights applicable to shares or other securities in any person (whether directly or indirectly or by means of holding such interests in one or more other persons) which confer in aggregate on the holders thereof more than fifty per cent (50%) of the total voting rights exercisable at general meetings of that person on all, or substantially all, matters. and “Controlling” or to be “Controlled” shall be construed accordingly;;

Conversion Notice” means [●] notice as provided in clause 8.1;

Digital Wallet” has the meaning provided in clause 6.1;

Exchanged Digital Gold” has the meaning provided in clause 9.1;

Facilitation Service” has the meaning provided in clause 11.1.8 “Gold Reserves” means specific gold bullion of at least 999 purity and held by the Digitization Entity in a custodial vault, identifiable by a unique serial number,weight and purity for which the Digitization Entity is the representative of the
Digital Gold Holder;

Prohibited Person” means as provided in 12.1;

Platform” means as provided in Clause 6.1 ;

Price of Gold” means as provided in Clause 7.6;

Redeemed Digital Gold Unit” has the meaning provided in clause 8.1;

Redeem Gold Bars” has the meaning as provided in clause 8.2;

Sanctions” means any laws or regulations relating to economic or financial sanctions, export controls, trade embargoes or restrictive measures from time to time imposed, administered or enforced by a Sanctions Authority;

Sanctions Authority” means the relevant authority in the UAE having jurisdiction, including the Central bank of the UAE, the Executive Office of the Committee for Goods Subject to Import and Export Controls or the United Nations (UN) and in each case their respective governmental, judicial or regulatory institutions, agencies, departments and authorities, including (without limitation) the UN Security Council or other international authority,;

Sanctions List” any of the lists issued or maintained by a Sanctions Authority designating or identifying individuals or entities that are subject to Sanctions, in each case as amended, supplemented or substituted from time to time, including (without limitation) the Consolidated United Nations Security Council Sanctions List;

Sanctions Proceedings” has the meaning provided in clause 13.1.5:

Sanctions Target” means a person or entity that is:
(a) either listed on, or owned or controlled by (whether directly or indirectly) or acting on behalf of a person listed on, a Sanctions List;
or

(b) resident, domiciled or located in, or incorporated or organised under the laws of, a Sanctioned Territory; or

(c) otherwise identified by a Sanctions Authority as being subject to Sanctions;

Sanctioned Territory” means a country or territory that is subject to any general

financial, trade or investment restrictions or embargos under any Sanctions;

Digital Gold” has the meaning as referred to in clause 3 of these Terms and Conditions;

Digital Gold Holder” means any person holding the Digital Gold;

Terms and Conditions” means these terms and conditions;

Transfer Fees” means the fees that the Digital Gold Holders are obliged to pay as referred to in clause 11.2;

Vault” has the meaning provided in clause 4.1 ;

UAE” means the United Arab Emirates;

You” or &”Your” means the purchaser of the Digital Gold.

1.2 The clause and paragraph headings and the table of contents used in these Terms and Conditions are inserted for ease of reference only and shall not affect construction.

1.3 References to a director shall include any alternate appointed to act in his place from time to time.

1.4 References to persons shall include bodies corporate, unincorporated associations and partnerships, in each case whether or not having a separate legal personality.

1.5 Reference to a party or parties is to a party or parties of these Terms and Conditions.

1.6 References to documents “in the agreed form” are to documents in terms agreed by the parties and initialed on behalf of each such party for the purposes of identification only.

1.7 References to those of the parties that are individuals include their respective legal personal representatives.

1.8 References to “writing” or “written” includes any non-transitory form of visible reproduction of words.

1.9 References to the word “include” or “including” (or any similar term) are not to be construed as implying any limitation and general words introduced by the word “other”(or any similar term) shall not be given a restrictive meaning by reason of the fact that they are preceded or followed by words indicating a particular class of acts, matters or things.

1.10 Except where the context specifically requires otherwise, words importing one gender shall be treated as importing any gender, words importing individuals shall be treated as importing corporations and vice versa, words importing the singular shall be treated as importing the plural and vice versa, and words importing the whole shall be treated as including a reference to any part thereof.

PART A:

 

2 Preliminary terms and conditions

2.1 These Terms apply to each and every Digital Gold Holders (also referred to as “You” or “Your“) of the Digital Gold. You should read these Terms carefully. By purchasing Digital Gold, transferring a Digital Gold into a Digital Wallet, using Digital Gold in any manner contemplated under these Terms or seeking to convert or redeem any Digital Gold, you agree to these Terms and that any purchaser or other transferee of Digital Gold shall be subject to these Terms. By purchasing Digital Gold in any way, the purchaser (also referred to herein as “You” or “Your”) also agrees to these Terms and that any purchaser or other transferee of Digital Gold of the user shall be subject to these Terms.

2.2 By agreeing to these Terms, You agree to be bound by the terms and conditions of this document and any other supporting policies and procedures as mentioned in this document, as applicable.

 

3 Digital Gold

3.1 Digital Gold is a dematerialized and uncertificated digital Token generated by the Digitization Entity.

3.2 Each Digital Gold unit represents undivided ownership and specific interest in one (1) gram of at least 999 purity gold in the Gold Reserves.

3.3 Digital Gold is not money or legal tender and is not a monetary instrument.

3.4 Digital Gold is not intended to be a “security” for the purposes of any securities regulations in the UAE or any other jurisdiction.

3.5 The physical Gold Reserves will be of standardised 1 kg bars of 999 purity from internationally accepted refineries. The gold bars constituting the Gold Reserves would be distinctly identifiable through their bar number. Digital Gold will be 100% backed by Gold Reserves at all time.

3.6 Digital Gold is held and stored by the Digitization Entity in Your name, behalf and at Your cost in accordance with the Terms. You expressly and irrevocably appoint and authorize the Digitization Entity for an indefinite period of time to be custodian, administrator and holder of the specific interest in the Gold Reserves represented by each Digital Gold Unit by acting as agent in possession for You.

3.7 Delivery to You of the associated specific interest in the Gold Reserves represented by each Digital Gold Unit shall be completed upon the purchase or transfer to You of such Digital Gold unit and Your acceptance of such delivery. Upon and following such delivery, the Digitization Entity shall hold the Digital Gold on Your behalf as, and for so long as You remain the holder of Digital Gold and the underlying Gold Reserves represented thereby on undivided basis.

 

4 Storage of underlying gold and liability

4.1 The Digitization Entity shall store the Gold Reserves with custodians of international repute in the UAE or elsewhere operating specialized high-security storage facilities(the “Vault”). The Digitization Entity shall be entitled to store the Gold Reserves through its Affiliates any where in the world provided it retains Control over such Affiliate and the custody by way of contract. Such a contract would be subject to regulations as set out by regulatory authorities including but not limited to Dubai Multi Commodities Centre (DMCC).

4.2 The Digitization Entity shall ensure that the Gold Reserves will be stored on a segregated basis and will not be commingled with any other gold stored in the Vault.

4.3 The Digitization Entity will take out an [all-risk] policy on the Gold Reserves and the Digital Gold Holder will be the beneficiary of such policy by virtue of owning the Digital Gold unit.

4.4 The Digital Gold Holder shall provide a periodic statement from the custodian of the Gold Reserves showing the details of the Gold Reserves in the Vault.

4.5 The physical gold is held at the Vault and the warrants for the same are issued by DMCC to the Digitization entity.

4.6 Information about the custodians and the Vaults, where the Gold Reserves are stored, is available on the website of the Digitalization Entity.

 

5 Platform and technology

5.1 The Digitization Entity has developed the Digital Gold unit, the wallet transfer and blockchain ledger infrastructure on the REST Apis Network.

5.2 The Digital Gold Holder shall be able to access the records and details of the Digital Gold and various transactions using the Ledger Data Store.

 

6 Digital custody of Digital Gold

6.1 The Digital Holder will be entitled to store the Digital Gold using Digital Gold wallet provided by the Digitalization entity through its App and various other Digital Wallets as listed on the website of the Digitization Entity: The Digital Gold Holder Acknowledges that the list of Digital Wallets listed on the website of the Digitization Entity may change from time to time without notice.

 

7 Listing and trading of Digital Gold

7.1 The Digitization Entity has listed the Digital Gold on the its trading platform via app and web access and any other portal as listed on the website of the Digitization Entity.

7.2 The Digital Gold Holder acknowledges that the above list of portals on the website of the Digitization Entity may change from time to time without notice by the Digitization Entity from time to time.

7.3 The Digitization Entity will take all commercially reasonable steps to maintain the listing of Digital Gold on its trading platform via app and web access.

7.4 The Digital Gold Holder acknowledges that it will be required to register with the Digitalization entities Trading platform and comply with all terms and conditions of the platform in order to trade Digital Gold on that platform, including without limitation,”Know-Your-Client”, anti-money laundering and sanctions related obligations.

7.5 The Digitization Entity will conduct “know your client” checks in accordance with applicable regulations on persons depositing the Gold Reserves.

7.6 The Digital Gold Holder acknowledges that the value of Digital Gold unit relies substantially on the value of gold. The (“Price of Gold”) is subject to market conditions and does fluctuate against currency and may result in a loss against currency.

7.7 Any trade of Digital Gold shall be accompanied by a transfer of the Digital Gold unit. A person who does not own a Digital Gold unit shall not be entitled to sell Digital Gold by way of a future trade or short sale or similar speculative trade.

7.8 The seller of the Digital Gold by way of placing a sale order on the Trading platform serves as an offer notice the Digitalization entity to sell its physical gold in the form of Digital Gold units and such sale shall be completed upon the execution of the trade and receipt of funds into its account with the Trading Platform.

7.9 The Buyer of Digital Gold by way of placing of a buy order on the Trading Platform shall serve as an acceptance notice to the Digitalization entity to buy the physical gold in the form of Digital Gold units and such sale shall be completed upon the execution of the trade and receipt of Digital Gold units into its wallet with the Trading Platform.

 

8 Redemption of Digital Gold to physical gold

8.1 You may instruct the Digitization Entity to convert Digital Gold to physical gold from the Gold Reserves in denominations of one kilogram each (“Redeemed Digital Gold Units“) by giving a notice (“Conversion Notice“).

8.2 The Digitization Entity shall procure the release of the underlying Gold Reserves of the Redeemed Digital Gold Units (“Redeemed Gold Bars“), less applicable fees, including any incidental charges such as, inter alia, applicable taxes, insurance, transportation and to procure Your collection of the Redeemed Gold Bars in person in the Vault or request delivery of the Commodity to You at Your own cost and expense (certain limitations apply) on the terms and conditions set out herein. Furthermore, the delivery of Redeemed Gold Bars is subject to all applicable laws and regulations. The Digitization Entity may require suitable identification documents and / or authorization of the person collecting the Redeemed Gold Bars and require the person collecting the Redeemed Gold Bars to execute suitable receipt and discharge documents.

8.3 Once You submit the Conversion Notice You simultaneously instruct and authorize the Digitization Entity to cancel (burn) the Redeemed Digital Gold Units.

8.4 Upon completion of the redemption, the Redeemed Digital Gold Units will be cancelled (burnt) by the Digitization Entity.

 

9 Exchange of Digital Gold units for Gold with Authorized Partners

9.1 The Digitization Entity may from time-to-time partner with jewellers or bullion providers (“Authorized Partners“) which Authorized Partners would be entitled to collect Digital Gold units from Digital Gold Holders of a quantity of not less than 1 gram (“Exchanged Digital Gold Units“) and exchange it for gold or jewellery as may be agreed between the Digital Gold Holder and the Authorized Partner

9.2 The Authorized Partner shall become the owner of the Exchanged Digital Gold Unit and will in turn can deal with the Exchanged Digital Gold Unit on the terms herein or otherwise on terms agreed with the Digitization Entity.

 

10 Security

10.1 The Digital Gold Holder acknowledges that the Digital Gold unit may be subject to expropriation and or/theft. Hackers or other malicious groups or organizations may attempt to interfere with the Digital Gold Unit and/or the Trading Platforms in which Digital Gold listed in a variety of ways, including, but not limited to, malware attacks, denial of service attacks, consensus-based attacks, Sybil attacks, smurfing and spoofing. Furthermore, since the REST Apis Network and the exchanges rests on open-source software and the Digital Gold units are based on open source software, there is the risk that smart contracts may contain intentional or unintentional bugs or weaknesses which may negatively affect Digital Gold or result in the loss of Your Digital Gold unit, the loss of Your ability to access or

control Your Digital Gold unit. In the event of such a software bug or weakness, there may be no remedy and You are not guaranteed any remedy, refund or compensation.

 

11 Fee/commissions/charges

11.1 The Digitization Entity will be entitled to (“Charge Fees“) as set out in https://nuqigold.com .These fees:

11.1.1 Fees on Creation or Redemption

11.1.2 Trading fees;

11.1.3 Fees for exchange with Authorized partners;

11.1.4 Fees on transfer;

11.1.5 Delivery fees for Redeemed Gold Bars 1 ;

11.1.6 Storage fees, which will include costs for the Vaults and insurance;

11.1.7 Financing fees where applicable

11.1.8 Facilitation service (which is defined as an additional service (s) and will be neutral, to help clients to navigate a process without offering legal advice or advocating for a specific outcome) fees for various services offered

11.1.9 Any other fees as provided on our website https://nuqigold.com/

11.1.10 Above fees exclude any other incidence charges relating to delivery of Gold Bars

11.2 The Transfer Fees are an obligation of all Digital Gold Holders. By purchasing Digital Gold, You agree to assign the obligation to pay any and all fees tied to the Digital Gold to subsequent holders of such Digital Gold, and by receiving transfers of Digital Gold, You agree to accept the assignment of such obligation.

11.3 The Digitization Entity may offer incentives or reduced fees to certain clients at the Digitization Entity’s sole discretion.

11.4 Right to Change Fees and Fee Structure

The Digitization Entity reserves the right to change or modify its fee structure or increase any of the fees at any time and from time to time. Any such changes, modifications or increases will be notified on the website and effective upon posting such changes, modifications or increases on the Digitization Entity’s site. Your first use of Digital Gold following the posting on the Site of any changes to the fees will constitute Your acceptance of such changes.

[If You do not agree to the posted changes, the Digital Gold Holder can sell the Digital Gold unit or redeem the Digital Gold in accordance with such these Terms.

 

12 Prohibited persons and purposes

12.1 The Digitization Entity shall be entitled to follow any rules, regulations, orders, awards, directions from a Sanctions Authority, legislative body, regulator, court. tribunal or any other authority having jurisdiction in connection with any Digital Gold Holder or Digital Gold unit.

Digitization Entity provides delivery option in UAE and transportation to any other country to be arranged and managed solely and wholly by you.

 

13 Warranties

13.1 You warrant the following:

13.1.1 You have a legal capacity to enter into transactional documents to purchase Digital Gold under the applicable laws, and you have it has full power and authority to carry out the actions contemplated in such transactional documents;

13.1.2 You are not declared bankrupt and no application is made to court, or an order is made, for the appointment of an administrator (or equivalent) in relation to Your assets;

13.1.3 You are not a Prohibited Person;

13.1.4 You are not contravening any applicable Sanctions;

13.1.5 You are not engaged or involved in, or otherwise subject to, any of the following matters (“Sanctions Proceedings“):

(a) any litigation, arbitration, settlement, or other proceedings (including alternative dispute resolution, criminal and administrative proceedings) in any jurisdiction; or

(b) any investigation, inquiry, enforcement action (including the imposition of fines or penalties) by any governmental, administrative, regulatory or similar body or authority in any jurisdiction,

in each case relating to, or in connection with, any actual or alleged contravention of applicable Sanctions;

13.1.6 No Sanctions Proceedings have been threatened or are pending against you and there are no circumstances likely to give rise to any such Sanctions Proceedings against You.

13.1.7 You are not:

(a) Sanctions Target; or

(b) engaging, or has engaged, in any conduct, operations, transactions or dealings that could reasonably be expected to result in it becoming a Sanctions Target.

13.1.8 You have not conducted or engaged, or is currently conducting or engaging, (in each case directly or, so far as the Seller is aware, indirectly) in any operations, activities, transactions or dealings with, or for the benefit of, a Sanctions Target; and

13.1.9 You are not operating and have no dealings in a Sanctioned Territory, where such operations or dealings contravene applicable Sanctions.

 

14 Disclaimers/risks/indemnities

14.1 We recommend that You ensure that computers and other devices used to access Digital Gold run up-to-date anti-virus software as a precaution, and You are advised to virus-check any materials downloaded and regularly check for the presence of viruses and other malicious code.

14.2 We will not be liable for any loss or damage caused by a virus or other technologically harmful material that may infect Your computer equipment, computer programs, data or other proprietary material due to Your use in connection with Digital Gold or from any website linked to it.

14.3 No warranty is given in respect of the compliance of Digital Gold or these terms with the provisions of Shari’ah. The Digital Gold Holder warrants that it has made its own determination on the compliance with Shari’ah.

14.4 The Digital Gold Holder confirms that it does not have any objection, nor will it raise any objections, as to matters of Shari’ah compliance in respect of or otherwise in relation to any of the provisions of these Terms or the Digital Gold or any matter related hereto.

 

15 Limitation of Liability

15.1 It is a condition of owning Digital Gold that You accept and agree we shall not be liable for any harmful effect that holding the Digital Gold unit may have on You, and You agree that You own the Digital Gold units entirely at Your own risk.

15.2 Without limitation to the generality of the foregoing and any specific limitations contained in these Terms, whether in contract, tort (including, without limitation, negligence), breach of statutory duty, or otherwise:

15.2.1 we will not be liable to You for any loss or damage arising under or in connection with:


(a) use of, or inability to use, any third party’s services, software or facilities including the REST Apis Network, any Trading Platform, or any digitals wallets;

(b) use of or reliance on any content displayed on or produced via the Digitization Entity’s website;

(c) the acts or omissions of any other owners of Digital Gold Holders or Financed Party; or

15.3 The Digitization Entity will have no liability to You for any indirect or consequential losses of any kind or for any loss of revenue, profit, business opportunity, contracts, data or goodwill (whether direct or indirect) arising out of or in connection with these Terms and/or the Digital Gold; and

15.4 The Digitization Entity’s total liability to You in respect of any and all loss and/or damage arising out of or in connection with these Terms and/or Digital Gold and/or the Gold reserves shall in no circumstances exceed the fees received by the Digitization Entity.

15.5 Except as expressly set out in these Terms and to the maximum extent permitted by law, the Digitization Entity makes no representations, warranties or guarantees of any kind in respect of Digital Gold and all conditions, warranties and representations express or implied are hereby excluded to the full extent permitted by law.

15.6 Nothing in these Terms and Conditions is intended to remove Your rights under the laws applicable to You as to a consumer in any jurisdiction, including to statutory guarantees that may apply to Your use of the Platform under applicable jurisdiction. If we are entitled to limit the remedies available to You for breach of such guarantees udder such jurisdiction, we expressly limit our liability as set out in this section to the maximum extent permitted by laws of such jurisdiction. Any warranties, guarantees and conditions may apply that we cannot legally exclude, then to the extent permitted by law of the relevant jurisdiction, we limit our liability for any claims under those warranties, guarantees or conditions to either supplying You the services again or paying the cost of having the services supplied again.

 

16 Termination or Suspension

16.1 These Terms will automatically cease to apply to a Digital Gold Holder upon the sale of Digital Gold or Redemption of Digital Gold.

16.2 The Digitization Entity shall be entitled to suspend the listing or trading of Digital Gold and/or the redemption provisions of these Terms in case of a force majeure event or on account of any technical issue faced or otherwise.

 

17 General

17.1 In the event that any one or more of the provisions contained in these Terms and Conditions shall for any reason be held to be illegal, unenforceable or invalid, such illegality, unenforceability or invalidity shall not affect any other provision of these Terms and Conditions, but these Terms and Conditions shall be reformed and construed as if such illegal or unenforceable or invalid provision had never been contained herein and such provision shall be reformed so that it would be legal, enforceable and valid to the maximum extent permitted by applicable law.

17.2 Any variation of these Terms and Conditions is valid only if approved by the Digitization Entity and comminated to You in writing. These Terms and Conditions and the documents referred to or incorporated in it constitute the entire agreement between the Digitization Entity and You relating to the subject matter of Terms and Conditions and supersedes and extinguishes any prior drafts, agreements, undertakings, representations, warranties and arrangements of any nature whatsoever, whether or not in writing.

17.3 You hereby acknowledge and agree that you have not accepted these Terms and Conditions in reliance on any statement or representation of any person other than as expressly incorporated in these Terms and Conditions and the documents referred to or incorporated in these Terms and Conditions.

17.4 Nothing contained in these Terms and Conditions or in any other document referred to or incorporated in it shall be read or construed as excluding any liability or remedy as a result of fraud.

17.5 The Digitization Entity shall be entitled to assign these Terms to an Affiliate from time to time without the consent of the Digital Gold Holder.

17.6 These Terms and Conditions and any non-contractual obligations arising from or in connection with it shall in all respects be governed by and interpreted in accordance with English law.

17.7 You agree that any dispute arising from or in connection with these Terms and Conditions, including any question regarding its existence, validity or termination, shall be decided by arbitration under the arbitration rules of the London Court of International Arbitration, which are deemed to be incorporated by reference to these Terms and Conditions. The number of arbitrations shall be 1 (one). The legal seat, or legal place of arbitration shall the Dubai International Financial Centre, Dubai, UAE. The Language to be used in the arbitration shall be English.

 

18 Shariah Compliance

18.1 Each of the parties hereby agrees that it has accepted the Shariah compliant nature of the product to which it is a party and, to the extent permitted by law, further agrees that:

(a) it has undertaken its own independent assessment to confirm and verify on the Shariah compliance nature of the product without relying on the Shariah representation made by any other party including of the Digitalization Entity.

(b) it shall not claim that any of its obligations under the product documents to which it is a party (or any provision thereof) is ultra vires or not compliant with the principles of Shariah;

(c) it shall not take any steps or bring any proceedings in any forum to challenge the Shariah compliance of the product documents to which it is a party; and

(d) none of its obligations under the product documents to which it is a party shall in any way be diminished, abrogated, impaired, invalidated or otherwise adverse affected by any finding, declaration, pronouncement, order or judgment of any court, tribunal or other body that the Transaction Documents to which it is a party are not compliant with the principles of Shariah.

 

19 Waiver of Interest

19.1 Each party irrevocably agrees that no interest will be payable or receivable under or in connection with this product and if it is determined that any interest is payable or receivable in connection with this product by a party, whether as a result of any arbitral or judicial award or by operation of any applicable law or otherwise, such party agrees to waive any rights it may have to claim or receive such interest and agrees that if any such interest is actually received by it, it shall hold such amount in a suspense account and promptly donate the same to a registered or otherwise officially recognized charitable organization.

19.2 For the avoidance of doubt, nothing in this Clause shall be construed as a waiver of rights in respect of a profit or principal of any kind howsoever described payable by the relevant obligor (in any capacity) or the Digitalization Entity (in any capacity) pursuant to the product documents and/or the Terms and Conditions herein and/or any other document or agreement, howsoever such amounts may be described or re- characterized by any court or arbitral tribunal.

This Privacy Policy (“Policy”) forms part of the terms and conditions (“Terms”) relating to the use of the website https://nuqigold.com/ or the app provided by Nuqi Gold DMCC and (together with its parent, subsidiaries, affiliate companies and their respective directors, partners, officers, employees or agents (Hereafter referred as “NUQI”,“we”, “us”, “our”). NUQI is the data controller of any personal information provided to us, via this website or otherwise.

NUQI is committed to safeguarding the privacy of the personal information that is provided to us or collected by us during the course of our business as well as the personal information we receive from you (“User”, “you” or “your”). This Policy, describes how and why we collect, store and use personal information, and provides inform tion about your rights. Please read the following information carefully to understand our views and practices regarding how we handle personal information.

For the purposes of applicable data protection law, NUQI is the “data controller” of your personal information.

What information we collect

We may collect personal information from you through your use of the website, when you request information from us, when you engage us for our services, or as a result of your relationship with any of our clients.

We may request, and collect from you, personal information and other information. Depending on the information or services you request, we may ask you to provide your name, phone numbers, address, email address, passport details, and other such personal information.

By providing us with any personal information, you are consenting to the use of your personal information as contemplated in this privacy notice. If you do not want us to use your personal information for any of these purposes, please do not provide us with your personal information.

Why we collect the information

We will only use your personal information for our legitimate business purposes, including:

•To process and respond to inquiries, and provide our services;

•To manage our relationship with you and our clients;

•To market our services;

•To compile anonymous statistics, such as website usage statistics and statistics on the effectiveness of invitations and other emails; and

•To allow our custodian and brokerage providers (through whom we are able to provide our services) to comply with the regulations of all jurisdictions in which they must comply in order to provide their services; and

•Where otherwise required by law.

Relationship management

We operate a Relationship Management email mailing list program, which we use to inform clients and other contacts about our services, including our publications and events. Such marketing messages may contain tracking technologies in order to track subscriber activity relating to engagement, demographics and other data, and to build subscriber profiles.

If you would like to cease receiving marketing materials from us at any time, please let our CRM management team know directly. You can also change your preferences for receiving our marketing emails and legal updates from us at any time, and you can unsubscribe by following the instructions specified in our marketing emails or via the websites. Please update your details by contacting our admin team by email at support@nuqigold.com

Distribution of your information

We may disclose your personal information to a recipient (i) for the purposes of outsourcing one or more of the purposes-related functions described above; (ii) to confirm or update information provided by you; (iii) to inform you of events, information about our services, and other important information, or (iv) for other purposes disclosed at or before the time the information is collected.

If you tell us you wish to attend an event, your name and organization may appear on a list which we provide to other delegates at the event. We also take photographs and video of our events, and this may result in your image being captured and used while reporting on the event (e.g. via social media or other means).

In relation to any other third parties we will only disclose your information where you have given your consent or where we are required to do so by law, or where it is necessary for the purpose of, or in connection with legal proceedings or in order to exercise or defend legal rights.

Cross-border transfer of your information

It may sometimes be necessary for us to share your personal information with other Entities around the world or for such Nuqi Gold DMCC offices to share your information with Partner Offices in the DMCC. It may also be necessary for us to share your personal information with associated professional services firms around the world, who provide services to us or on our behalf (including data storage facilities or online storage located within or outside the United Arab Emirates, which may be operated by independent service contractors). This will entail a transfer of personal information from within the DMCC to recipients outside the DMCC, and vice versa.

The level of personal information protection in locations outside DMCC may be less than that offered within the DMCC or the country in which you reside and may not be recognized as providing an adequate level of protection, but we have procedures in place to ensure the protection of personal information. These procedures include putting steps in place to ensure that all such entities keep your personal information confidential and secure and only use it for the purposes that we have specified and communicated to you. When we transfer your information to other countries, we will use, share and safeguard that information as described in this privacy notice. We only transfer personal information to these countries, with your consent, when it is necessary for the services we provide you, or subject to appropriate safeguards that assure the protection of your personal information, such as standard contractual clauses.

Your rights

The DMCC Data Protection aims to give you more control of your data. It provides new and strengthened rights.

• Right to access: you can ask us whether we’re processing your personal data, including where and for what purpose. You can also request an electronic copy of your personal data free of charge

• Right to restrict processing: in certain circumstances, you can ask us to restrict our use of your personal data

• Right to rectification: you can ask us to correct inaccurate personal data we hold about you

• Right be forgotten: in certain circumstances, you can ask us to erase your personal data

• Right to data portability: you can ask us to provide you with a copy of your personal data in a commonly used electronic format, so that you can transfer it to other businesses

• Right to object to automated decision-making: in certain circumstances, you can ask us not to make automated decisions about you based on your personal data that produce significant legal effects

• Right to lodge a complaint: you can lodge a complaint with your local data protection authority If you would like to exercise any of the above rights, please contact us at compliance@nuqigold.com

Keeping your data safe

The information you provide may be confidential, and we will maintain such confidentiality and protect your information in accordance with this privacy notice, our professional obligations and applicable law. We do not sell, rent, distribute, or otherwise make, personal information commercially available to any third party. We may share information with our service providers for the purposes set out in this privacy notice. We have implemented reasonable administrative, technical and physical measures to protect your personal information against loss, misuse and alteration.

Changes to this privacy policy

This Privacy Policy is effective as of 14th June 2024 and will remain in effect except with respect to any changes in its provisions in the future, which will be in effect immediately after being posted on this page. We reserve the right to update or change our Privacy Policy at any time and you should check this Privacy Policy periodically.

This disclaimer is intended for general informational purposes only. It is provided by Nuqi Gold DMCC (“NUQI DMCC”), a company incorporated in the Dubai Multi Commodity Center (“DMCC”) with offices located at, Unit No: 4094 DMCC Business Centre Level No 1 Jewellery & Gemplex 3,Dubai,United Arab Emirates.

Please note that the information provided is not intended to be research material,investment advice, or a solicitation to buy or sell any financial instruments or commodity. It is for general informational purposes only and does not take into account your specific investment objectives, financial situation, or individual needs. You should not rely solely on this information when making investment decisions.

Before making any investment, you should carefully review the relevant offering documents and seek independent legal, tax, and regulatory advice.

Opinions, forecasts, and estimates are those of Nuqi Gold DMCC as of the date of this information and are subject to change without notice. Past performance is not indicative of future results, and no guarantee or warranty is made regarding future investment performance.

Any forecasts included here regarding potential future movements in rates, prices, events, or occurrences are solely opinions and should not be taken as guarantees of actual future results.

Introduction

At Nuqi Gold DMCC, we are committed to maintaining the highest standards of integrity and transparency in all our business dealings. As part of the Nuqi Holdings Pte Ltd, we recognize the importance of managing conflicts of interest, especially in the context of intercompany transactions. This policy outlines our approach to identifying, disclosing, and managing conflicts of interest to ensure that our actions are always in the best interests of our stakeholders.

 

1. Purpose

The purpose of this Conflict of Interest Policy is to provide clear guidelines for identifying, disclosing,
and managing conflicts of interest. This ensures that all employees, officers, and directors of Nuqi
Gold DMCC act in the best interests of the company and its stakeholders, maintaining trust and
integrity in all our operations.

 

2. Scope

This policy applies to all employees, officers, and directors of Nuqi Gold DMCC. It covers all potential conflicts of interest, including those arising from intercompany transactions within Nuqi Holdings Pte Ltd.

 

3. Definition of Conflict of Interest

A conflict of interest occurs when an individual’s personal interests, relationships, or activities interfere, or appear to interfere, with their ability to act in the best interests of Nuqi Gold DMCC. Examples include:

• Engaging in transactions with other companies within the Nuqi Holdings Pte Ltd and outside that may benefit an employee, officer, or director personally.

• Having a close personal relationship with an employee, officer, or director of another company within the Nuqi Holdings Pte Ltd and outside.

• Holding a significant financial interest in another company within the Nuqi Holdings Pte Ltd and outside.

• Are likely to make a financial gain, or to avoid a financial loss, at the expense of a client

• have an interest in the outcome of a service provided to a client or of a transaction carried out on behalf of client, which is distinct from the client’s interest in that outcome

• have a financial or other incentive to favour the interest of one client of the interests of (an)other client(s); or

• receive or will receive from a third party an inducement in relation to a service provided to a client, in the form of monies, goods or services, other than the standard commission or fee for that service.

 

4. Identifying Conflicts of Interest

Employees, officers, and directors are responsible for identifying potential conflicts of interest. Situations that may give rise to a conflict include, but are not limited to:

• Participating in decision-making processes that affect personal financial interests.

• Engaging in business activities that compete with Nuqi Gold DMCC or other companies within the Nuqi Holdings Pte Ltd.

• Receiving gifts, favors, or entertainment from individuals or entities that do business with Nuqi Gold DMCC.

 

5. Disclosure of Conflicts of Interest

All employees, officers, and directors must disclose any actual or potential conflicts of interest to their immediate supervisor or the Compliance Officer as soon as they become aware of them. Disclosures should be made in writing and include all relevant details, such as the nature of the conflict and the parties involved.

 

6. Managing Conflicts of Interest

It is inevitable that conflicts of interest may arise from time to time. When they do, we are required to manage them to ensure that all clients are fairly treated and that they are not prejudiced by such interest.

Where we are aware that a conflict of interest exists, we will, where possible, manage that interest by:

• Implementing internal controls systems to prevent dealing staff from becoming aware of the existence of a conflict (so called “Information Barriers”)

• Having code of ethics or conduct procedures for employees in place (see gift policy, outside business interest policy, independence requirements), all employees are required to complete and return the relevant declarations within 7 days of joining us and update this information thereafter annually

• Having internal conflict of interest reporting procedures in place

• Disclosing (potential) Conflicts of Interest to the client in writing (conflict of interest policy, client agreement, notification letters, etc); or

• Maintaining a conflicts of interest register

• If none of the above is effective, declining to act for a client.

 

7. Record Keeping

All disclosures and actions taken to manage conflicts of interest will be documented and maintained by the Compliance Officer. This ensures transparency and accountability in our conflict management processes.

 

8. Compliance and Enforcement

Failure to disclose or manage conflicts of interest in accordance with this policy may result in disciplinary action, up to and including termination of employment. We are committed to enforcing this policy to maintain the integrity of our operations.

 

9. Review of Policy

This policy will be reviewed annually by the Board of Directors to ensure its effectiveness and compliance with applicable laws and regulations. We are dedicated to continuous improvement and transparency in our conflict management practices.

 

10. Contact Information

For questions or further information regarding this policy, please contact the Compliance Officer at compliance@nuqigold.com