Mansa User Terms and Conditions
Thank you for accessing your Mansa account. These Terms and Conditions were last updated and published on 3 January 2022 and set out the different services which we may provide to you. We recommend that you print a copy for your records.
TABLE OF CONTENTS
PART 1 - YOUR RELATIONSHIP WITH US
1.1 These Terms and Conditions which include any express consents given by you from time to time, and any documents we refer to, form the agreement between you and Mia Niaga Sdn Bhd ("Mianiaga"). We refer to all these documents as the "Agreement". You expressly agree to the terms of the Agreement and we will also treat your access to and use of our Services (our "Services" are explained in clause 2 below) as acceptance of the terms of the Agreement.
1.2 You are responsible for checking the Mansa website periodically in order to review the current version of the Terms and Conditions. Please contact us if you have any questions. Our contact details are available in clause 7 - "Communicating with you" below.
1.3 Mianiaga is a company incorporated in Malaysia. Our registered office is at 19 Jalan 7/7C, Section 7, 43650 Bandar Baru Bangi, Selangor, Malaysia and principal place of business is at Level 16, 1 Sentral, Jalan Stesen Sentral 5, 50470 Kuala Lumpur, Malaysia.
1.4 When we say "Mianiaga", "we", "us", and "our", we mean Mianiaga.
1.5 The Agreement only applies to the services explained in clause 2. If you use other services by Mianiaga, then the terms of those services would be covered in different agreements and are not part of this Agreement. We will always be clear which terms apply to which Service, but please contact us if anything is unclear.
2. Our Services
2.1 We provide
(a) an online marketplace ("Mansa"), which is a digital platform that can be accessed via a mobile and/or web-based application, where you can perform transactions of physical gold and other precious metal products ("precious metal products") with us and other users;
(b) supply of the precious metal products for transactions on Mansa; and
(c) storage for the precious metal products transacted on Mansa.
2.2 When we say "Services", we mean our services as described above and all other services related to the above services.
2.3 When we say "users", we mean individuals and entities registered with Mansa that are using the Services.
2.4 When we say "transactions", we mean buying and selling ("trades") between you and a seller or buyer, and transfers between you and a transferor or receiver. The seller, buyer, transferor and receiver may be Mianiaga or another user.
2.5 Mianiaga will act as your agent for the transactions that you perform as part of the Services. This means that we will execute the buying, selling and transfers for you.
2.5 The Services which Mianiaga provide are execution-only. This means that you will be responsible for all decisions and actions with respect to the transactions on Mansa.
3. Limitations to our Services
3.1 We do not provide personalised investment recommendations or investment or tax related advice. Any explanation or information which we give to you when you buy or sell, or about the value of your precious metal products you bought, is not intended to be and should not be considered as advice.
3.2 Mansa is a closed marketplace. This means that:
(a) you can perform transactions only on the platform;
(b) if you withdraw your precious metal products from Mansa, the products you withdraw will no longer be available for performing transactions on Mansa;
(c) while you will generally be able to transfer the precious metal products you own on Mansa to other users, we reserve the right to permit and support this functionality at our discretion; and
(d) our quotes and buy back prices, and the prices set by our users, will be different from the prices provided by brokers, the precious metal market price, as well as the current prices on any exchange or trading platform.
3.3 Therefore, you expressly consent to us executing trades for you outside of a regulated market, multilateral trading facility, or organised trading facility.
3.4 We may not provide all of our Services to customers domiciled in certain countries due to restrictions under Applicable Law, or restrictions under our internal policies (these are known as "restricted countries"). If you are a resident of a restricted country, you may be able to access some of our Services, but not all of our Services. We may change the list of restricted countries, as well as the Services that are available in a restricted country from time to time. For further information, please speak to us, our contact details are available at clause 7 - "Communicating with you".
3.5 We will not accept applications for Mansa accounts from residents and citizens in countries as required by Applicable Law, or required by our internal policies from time to time (these are known as "blocked countries"). We may change the list of blocked countries from time to time. For further information, please speak to us. Our contact details are available at clause 7 - "Communicating with you".
3.6 Our Services may not be available in a blocked country. If you are travelling to a blocked country, you may not have access to your Mansa account or any of our Services. This restriction applies even if you do not normally reside in the blocked country. We are not liable for any loss which results from your inability to access Mansa because you are in a blocked country, or if caused by circumstances outside of our control.
4. The key risks of using our Services
4.1 The prices of precious metals fluctuate. When you sell your precious metal products on Mansa, you could be selling at a price lower than when you bought, and so the risk of using our Services is that you could lose the cash which you have deposited into your Mansa account. Therefore, you should not use our Services with cash that you cannot afford to lose. It is important that you fully understand the risks involved before deciding to buy products on Mansa considering your financial resources, level of experience at trading and investing, and risk appetite. If required, you should seek advice from an independent financial advisor.
4.2 The actual returns and losses experienced by you will vary depending on many factors, including, but not limited to, market behaviour, market movement, and your order size.
4.3 The value of the precious metal products you bought may go up or down.
4.4 Your Mansa account and our Services are provided in Malaysian Ringgit. This means that transactions with Mianiaga will carry an inherent foreign exchange risk, unless the cash that you put into and take out of your Mansa account is in Malaysian Ringgit.
4.5 When you buy and sell on a digital platform, such as Mansa, there is a risk that you will lose cash as a result of:
(a) the failure of your computer/mobile/digital device (including its battery);
(b) a weak internet connection, or a weak mobile connection, which means you may not be able to connect to Mansa, or if you are able to connect there may be a delay;
(c) hacking or the use of malicious software that allows a third party to gain access to your information and/or assets;
(d) your device being incompatible with Mansa or system specifications, including due to incorrect settings or system specifications;
(e) the failure or malfunction of Mansa's or your hardware or software; and/or
(f) your non-adherence with the Mansa Security Guidelines, available on the Mansa website at https://mansa.app/support.
4.6 Some of the features available on Mansa may not be available if you are accessing the platform on a mobile device.
You must monitor your transactions
4.7 If you believe you have an order or transaction that is not showing on Mansa or have any other issue or problem with any order or transaction, you should contact us immediately.
5. Managing conflicts of interests
5.1 We will act in your best interest when providing our Services.
5.2 There may be instances where your interests conflict with our interests or with another user's interests. For example:
(a) we may execute hedging transactions to manage our risk and we will retain any profits generated by such hedging. However, we are not required to hedge transactions if we do not want to;
(b) we may enter arrangements with third parties, or with other users, where we make payments to them or receive payments from them. These payments may include cash through credit facilities, rebates, commissions and profit sharing;
(c) we may provide, pay or receive fees, commissions or non-monetary benefits;
(d) we may share dealing charges with our affiliate companies or receive remuneration from them;
(e) Mianiaga or an affiliate company may be the counterparty when you buy or sell on Mansa; and
(f) we are responsible for setting the prices of the precious metal products we sell and buy back on Mansa. This means that our prices will be different from the prices provided by brokers and the market price, as well as the current prices on any exchanges or trading platforms. This does not apply to the prices of orders placed by users.
5.3 Where we identify conflicts of interest, we will adopt controls to manage the conflicts, including:
(a) Segregation of duties for persons engaged in different business activities, including ensuring appropriate communication between business units;
(b) Control over sources of remuneration of relevant persons;
(c) Requirements that no improper inducements are given or received and that inducements are disclosed;
(d) Gifts and personal benefit procedures including a gift register recording the solicitation, offer or receipt of certain benefits;
(e) Training to Mianiaga directors and employees of conflicts of interest management;
5.4 Where we consider that the controls in place are not sufficient to avoid material risk of damage to your interest, we will disclose the general nature and/or sources of the conflict of interest to you before undertaking any business for you.
6. How you can make a complaint
If you are unhappy with a Service or something has gone wrong, please contact us and we will try to put it right. You may contact us directly via the customer support section of the Mansa website
7. Communicating with you
How we may contact you
7.1 You expressly consent to us using Mansa or website mansa.app, as we deem appropriate, to inform you of information about us and of changes to such information (including changes to our Agreement).
7.2 We may also communicate with you via the Mansa website and applications, by email, telephone, fax, post, newsletter, letter, electronic chats, and/or any other means of communication. We will use the contact details you gave us when you opened your Mansa account, and as updated by you to us.
7.3 If your details change, including your email address, contact numbers, name, home address, country of residence or nationality, you must tell us as soon as possible. If you do not let us know, you might not receive important information from us.
7.4 Our Agreement with you, and all information, statements and notifications between you and us, will be in English and we will communicate in English. If we provide you with documents in another language, and there is an inconsistency, the English version will prevail.
7.5 If you have any questions about the Agreement, or would like to speak to us, you can contact us in the following ways.
By phone: +60 320929200
By post: Mia Niaga Sdn Bhd, 1 Sentral, Level 16, Jalan Stesen Sentral 5, KL Sentral, Kuala Lumpur, 50470, Malaysia
By post: Mia Niaga Sdn Bhd, 1 Sentral, Level 16, Jalan Stesen Sentral 5, KL Sentral, Kuala Lumpur, 50470, Malaysia
PART 2 - HOW OUR SERVICES OPERATE
8. How to open and maintain your Mansa account
Accessing your Mansa account
8.1 To access your Mansa account, you must apply for both a "Wally" and a Mansa account. Wally is a service by Mianiaga where your profile and account details are centrally saved and may be accessed by other Mianiaga services such as Mansa. You will use your Wally account username and password to sign-in to Mansa.
8.2 When you apply for a Mansa account, you will need to complete an online application form and provide us with information that we request, so that we can identify you, verify your identity, and conduct fraud checks, sanctions checks, anti-cash laundering and counter-terrorism checks, and any other checks as required by Applicable Law, including without limitation, the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 ("AMLA") of Malaysia, as required by our internal procedures. This means we will require you to provide us with personally identifiable information, the countries where you are a tax resident or any other information which will be required under Applicable Law.
8.3 If you are accessing Mansa on behalf of a business, you must have the authority to enter into agreements, including this Agreement, on behalf of that business.
8.4 If you have more than one Mansa account, we may combine your Mansa accounts into one. We may also place limits on the number of Mansa accounts which you may hold, as well as the number of Mansa accounts which one household may hold.
Linking a payment method
8.5 In order to deposit cash into your Mansa account, you will need to use a payment method. A payment method can be a bank account, debit card, credit card or electronic wallet that is accepted by us. We may accept different payment methods in different countries.
8.6 We may require you to provide us with documents to verify the details and the ownership of your payment method. If we cannot verify that the payment method belongs to you, you will not be able to withdraw cash from your Mansa account into the payment method.
8.7 We reserve the right to integrate your Mansa account with electronic wallets and payment processing accounts operated by Mianiaga or an affiliate company.
Provision of information
8.8 We may, from time to time, require additional information and/or documents (including as required by AMLA and any other similar regulations applicable to us, as well as for anti-fraud measures or any other related internal procedures), or clarifications to information and/or documents which you have provided to us.
8.9 If any information which you have provided to us under this clause 8 - "How to open and maintain your Mansa account" changes, you should tell us, in writing, as soon as possible, and no later than 30 days after the change takes place.
8.10 The information you provide to us must be complete, accurate and not misleading. If you do not provide us with the required information, or if you provide inaccurate, incomplete or misleading information, we will not be able to open a Mansa account for you, or, if you already have a Mansa account, we may freeze, block, or close your Mansa account.
9. Keeping your Mansa account safe
9.1 If we accept your application, we will open a Mansa account for you. You will need to choose a username and a password to access your Mansa account and we may also require other security details.
9.2 It is your responsibility to take all reasonable steps to keep your Mansa account safe. For example, you should keep your security details, such as your username and password, a secret. You should select a Wally password that it is not easy to guess (such as using a combination of uppercase and lowercase letters, numbers and symbols) and is unique. We recommend that you do not re-use a password previously used by you for other platforms/services.
9.3 You will need to change your security details immediately and contact us as soon as possible if you think someone else knows them.
9.4 We may block access to your Mansa account or block access to our Services if we believe that it is necessary for security or legal reasons. For example, if we think someone may have access to or is using your Mansa account without your permission.
9.5 We may contact you to provide you with new security details or contact you to require you to change your security details.
9.6 You must not give any third party (including minors) any access to and/or control of your Mansa account. If you elect to give another person access to and/or control of your Mansa account, you do so at your own risk, and we will not be responsible for the decisions of that third party. For example, if they place or accept orders and make a loss, we won't refund you that cash. We reserve the right to cancel or reject any orders placed by any third party for security and/or legal reasons.
10. How to deposit and withdraw cash into and out of your Mansa account
10.1 You can deposit cash into your Mansa account by using one of your payment methods (which we referred to in clause 8 - "How to open and maintain your Mansa account").
10.2 If your payment method charges us a fee, for example a payment transfer or a payment processing fee or currency conversion, we may charge you a "transfer fee". Our transfer fees are set out on the Mansa website.
10.3 Your cash will show in your Mansa account as soon as we are satisfied that it comes from you.
10.4 We may place a limit on how much cash you can deposit into your Mansa account. We will let you know in advance if we do this.
10.5 We may return any cash which comes in from a payment method that is not in your name. If we are charged fees for returning your cash, we will deduct an amount equal to that fee from the cash which we are returning.
10.6 In order to withdraw cash from your Mansa account, you will need to link your Mansa account to a payment method that belongs to you. You can withdraw cash from your Mansa account by sending it back to your payment method, but only after we are satisfied that the payment method belongs to you. We may limit the types of payment method and accept different payment methods in different countries.
10.7 You may not be able to take cash out of your Mansa account if it would leave insufficient funds in your Mansa account to pay for any unsettled transactions and/or applicable fees or charges.
10.8 To protect your cash against fraud, we may put a limit on how much can be taken out of your Mansa account. The minimum amount per withdrawal is set out on the Mansa website. However, if you are closing your Mansa account in accordance with clause 23 - "Closing or blocking access to your Mansa account", this restriction will not apply.
10.9 We may charge you a fee each time you take cash out. Our fees are available on the Mansa website.
10.10 We will process a valid and complete withdrawal request by the end of the following business day. Our processing may be delayed if required under Applicable Law, including if we have an AMLA related concern. We may, or may not be able to, disclose to you the reasons for such delay. Please note that it might take a few days for your payment processor to update the balance in your account, depending on your payment processor's policy and procedures.
10.11 When we say business day, we mean Monday to Friday, but not a public or a bank holiday.
Converting your cash into Malaysian Ringgit
10.12 Any cash you deposit into your Mansa account must be made in Malaysian Ringgit or another currency approved by us ("the approved currency"). We will convert all cash into the approved currency.
10.13 Each time you take cash out of your Mansa account, we will convert from the approved currency into the currency selected by you, and we will charge you a fee. Our fees for converting cash are available on the Mansa website. This clause does not apply if your withdrawal is in the approved currency.
10.14 You are responsible for the foreign currency exchange risk arising from any conversion of cash to or from the approved currency in or out of your Mansa account.
11. How to add and withdraw precious metal products into and out of your Mansa account
Adding precious metal products into your Mansa account
11.1 You may buy or receive precious metal products from us or from other users on Mansa. The precious metal products you buy or receive are added to your precious metal product balance in your Mansa account.
11.2 You may own, accumulate, sell, transfer or withdraw the precious metal products.
11.3 The precious metal products on Mansa are generally sourced by Mianiaga as detailed in clause 13 - "Our quotes and buy back prices". However, we at our discretion may also
(a) accept cash from you with which we will source precious metal products and add the products into your Mansa account; or
(b) accept precious metal products meeting Mianiaga's standards from you and add the products to your Mansa account.
For either of the two cases above, fees may be applicable which are charged by us and by our agent verifying and receiving the precious metal products, to you.
Withdrawing your precious metal products
11.4 The precious metal products on Mansa are transacted in parts of whole products in units such as micrograms. If you have ownership of a whole product, you may withdraw and take delivery of the product from your Mansa account. Only whole products can be withdrawn. You may do this by requesting for the withdrawal through the Mansa website with your instructions on how Mianiaga should deliver your products to you.
11.5 You will bear the full cost of the delivery, including applicable duties and taxes for international shipping.
11.6 You will bear the risk of loss and damage during the delivery. On our part, we will take reasonable care to ensure that the delivery service used is reliable, but we will not compensate you for any loss or damage that occur during delivery.
11.7 We do not accept returns or give refunds. If you wish to add back the products you withdrew into your Mansa account, you may only do so in accordance with clause 11.3 above.
11.8 If you have pending orders to sell the precious metal product you requested to withdraw, then you must cancel the pending orders before we can process to deliver the product to you. If your pending orders are accepted before they are cancelled, then the trade will proceed and we will not deliver the product.
11.9 Once we agree to deliver your precious metal product to you, we will remove it from Mansa. This means it will no longer appear in your account in Mansa and it will no longer be available for transactions on Mansa.
12. How we treat your cash and precious metal products
How we treat your cash
12.1 Cash that you deposit into your Mansa account and our own cash allocated for buying back precious metal products on Mansa will be received by us and will be termed as "user cash".
12.2 We will separate user cash from our other cash by putting them into separate accounts with reputable banks. Mianiaga is permitted to hold your user cash, other users' user cash, and Mianiaga's user cash together in the same bank accounts, and these are called "user cash bank accounts".
12.3 Mianiaga may hold user cash in bank accounts in Malaysia and in different countries outside Malaysia. This means that different rules, regulations and laws may apply to these banks, which means that in the event of an insolvency, money in an account held with that bank may be treated differently to money held with a Malaysian bank.
12.4 Mianiaga is not responsible for the insolvency, acts or omissions of any bank, although we will take reasonable care when choosing which bank to open user cash bank accounts with.
12.5 We will not pay you interest on any user cash we hold, and if interest is accumulated on such funds, it shall not be deemed part of the users' funds and shall not be credited to your account.
12.6 Mianiaga may allow another third party to hold your cash for the purpose of executing a transaction for you. Such third party may include a Mianiaga affiliate and may also hold your cash in a user cash bank account. If we do this, we will take reasonable steps to make sure your cash is treated as user cash where applicable, but we will not be responsible for any acts or omissions of that third party.
12.7 In the event of the insolvency or any other analogous proceedings in relation to a third party which has been appointed to hold your user cash, we will only have an unsecured claim against the party on behalf of you and our other users. This means that you will be exposed to the risk that the cash received by us from such party is insufficient to satisfy the claims of you and all other users with claims in respect of the relevant account.
12.8 We may use the cash in your Mansa account to pay fees, costs or charges which becomes due and payable. Where you perform a transaction, all fees, costs, and charges for that transaction will become due and payable immediately upon execution, and therefore Mianiaga will deduct the relevant sum from your Mansa account at that point.
12.9 Mianiaga may pay the cash in your Mansa account to a charity if you have not accessed your Mansa account for 6 years. We will try to contact you to return your cash before we do this. If you contact us after the cash has been given to a charity, we will pay it back to you.
How we treat your precious metal products
12.10 Mianiaga is permitted to hold your precious metal products, other users' precious metal products, and Mianiaga's precious metal products and store them together in the same locations.
12.11 We may store the precious metal products in Malaysia and in different countries outside Malaysia.
12.12 We may allow another third party to store the precious metal products. Such third party may include a Mianiaga affiliate.
12.13 Mianiaga may sell your precious metal products on Mansa and pay the cash received to a charity if you have not accessed your Mansa account for 6 years. We will try to contact you to return your products before we do this. If you contact us after the cash has been given to a charity, we will pay the cash back to you.
Using your cash and precious metal products to procure more products, to mitigate cash flow risk and for hedging
12.14 Mianiaga is permitted to borrow your cash and precious metal products without notice and use them to procure more precious metal products, to mitigate our cash flow risk and for hedging. In the case of precious metal products, the products will be used as collateral for credit. Any cash or precious metal product we may have borrowed from you will be returned to you immediately when you request to withdraw the cash or precious metal product.
12.15 Mianiaga will not pay you interest on the borrowed cash or precious metal products, and we will retain the profits from the hedging.
12.16 You expressly consent to lending us your cash and precious metal products. Your agreement is a necessary condition for us to provide you with our Services. If you do not agree, or change your mind, please let us know in writing and we will help you close your Mansa account.
13. Our quotes and buy back prices
13.1 Mianiaga will sell on Mansa precious metal products that we source externally. Mansa will display the indicative selling prices and available quantities of these products. The indicative selling prices are called "quotes".
13.2 Mianiaga will also buy back precious metal products from users. Mansa will display the indicative prices at which we will buy back for each product, and these are called "buy back prices".
13.3 It is not necessary that you buy from us or sell to us. You may buy your products from other users who have placed offers at prices lower than our quotes, and you may sell your products to other users who have placed bids at prices higher than our buy back prices.
13.4 We are responsible for setting our quotes and buy back prices. This means that our prices will be different from the prices provided by brokers, the market price, as well as the current prices on any exchanges or trading platforms for similar products.
13.5 Although, when we provide a quote or a buy back price, we may take into account the price that we receive from a broker, the market, or any exchanges or trading platforms, we are under no obligation to do this, and we are under no obligation to ensure that the quotes which we provide are within any specific percentage of such price.
13.6 If the prices on a market, exchange or trading platform are distorted, for example during a short term price spike, or during pre-market, post-market, or intra-day auction periods, we may reflect similar prices in our quotes and buy back prices, but we are under no obligation to do this.
13.7 When the underlying market or exchange is closed, our quotes and buy back prices may reflect what we believe to be the current price of the relevant product, but we are under no obligation to do this.
13.8 Our quotes and buy back prices are updated at intervals which means that the price and quantities may change between the time that you accept to buy from us or sell back to us, and the time that we execute the trade for you. We will tell you the prices that your trade was executed at.
14. Placing and accepting orders
14.1 When you buy or sell on Mansa, you will either place or accept orders. An "order" is any request placed by you and other users to either buy or sell precious metal products on Mansa.
14.2 When you place an order to buy or sell a product, your order will be displayed on Mansa with your bid or offer price and quantity. Your buy orders ("bids") will be displayed in a "buy queue" and your sell orders ("offers") will be displayed in a "sell queue". Orders in the two queues are prioritised according to best price and the sequence the order was placed. Orders at the top of the queues are more likely to be accepted.
14.3 Mianiaga's offers and buy back bids as detailed in clause 13 - "Our quotes and buy back prices" are orders placed by us and appear in the sell and buy queues together with users' offers and bids.
14.4 A trade is executed after
(a) We or a user accepts an order placed by you;
(b) You accept an order placed by another user or by us; or
(c) you place a buy order at a price higher than or equal to an existing sell order, or place a sell order at a price lower than or equal to an existing buy order, for the same product. When you do this, we will deem that you accepted the existing order.
14.5 An order that has not been accepted is called a "pending order". An order remains pending until either it is either accepted or cancelled.
14.6 We will display orders and execute acceptance of orders that are received from your Mansa account, and which we reasonably believe are from you, or authorised by you. Please be careful when placing an order or accepting an order. If you place orders or accept orders by accident or in error, for example if you place multiple orders which are the same, we will assume that you did this on purpose and we will execute them without checking this with you.
14.7 Once your order is accepted, we will execute the trade in accordance with any specific instructions that you give. The possible instructions which are available on Mansa may change from time to time.
14.8 When you accept an order, we cannot guarantee that the trade will be at the prices available when you accepted the order. This is because the price and quantity may have changed between the time that you accepted the order and the time that we execute the trade. When this happens, and if you have instructed us so, we will execute the trade at the next best price.
14.9 We may set the times within the day to execute trades, at our discretion.
15. Modifying your order, cancelling your order, or non-acceptance of your order
15.1 You may request to cancel or modify an order which has not been accepted.
15.2 Mianiaga and our other users are not required to accept any order that you place and reserve the rights to decline any order or transaction. If we or a user have accepted your order, we are not required to execute the trade. We provide below a non-exhaustive list of examples of situations where we or our users may not accept an order, we may not execute a trade, or we may cancel an order:
(a) if we reasonably believe the security of your Mansa account is at risk, or if we're concerned about unauthorised or fraudulent use of your Mansa account. This might happen if we think someone is using your Mansa account without your permission;
(b) if you do not have enough cash in your Mansa account to cover the buy order plus any associated fees and charges;
(c) if we reasonably believe that there is an error with your order. For example, if you have placed an order that is unusually large and you have never done this before;
(d) if the order you have requested is unusual or for exaggerated volumes;
(e) there is an error with the quote that we have provided. For example, if the quote is manifestly different to the market price, prices on exchanges, prices on trading platforms, and/or if the quote is clearly loss making;
(f) there is a change in Applicable Law, which means that the order is no longer in compliance with Applicable Law;
(g) you breach the Rules of using our Services. We explain our Rules of using our Services in clause 17 - "Rules of using our Services";
(h) an "Event of Default" occurs. We explain what an Event of Default is in clause 25 - "Event of Default"; and/or
(i) an "Exceptional Event" occurs. We explain what an Exceptional Event is in clause 26 - "Exceptional Events".
15.3 If we or our users do not accept your order, or we do not execute the trade, or if we cancel your order, we will inform you by making that information available on the Mansa platform, unless there is a legal reason that we cannot provide this information to you. If we charged you a fee as part of the order, we will refund that cash back into your Mansa account. If there were no fees or charges, then you will not receive a refund.
15.4 If we have executed the trade, we may take corrective actions and either modify the transaction, or void the transaction, under the scenarios listed in clause 15.2 above. We will inform you of errors by making information available on the Mansa platform, including any corrective actions we intend to take.
15.5 We will not be responsible for any losses you incur as a result of any actions or inactions taken by us in accordance with this clause 15 - "Modifying your order, cancelling your order, or non-acceptance of your order".
16. Achieving the best possible outcome for you
16.1 We will take sufficient steps to achieve the best possible outcome for our users subject to any specific instructions received from the user. The best possible outcome is one that produces the best possible financial result for you, and that the "best possible financial result" is the best possible result in combination across all your trades. This means that some trades, taken individually, may be less favourable. Best interests are not solely determined by price, and we also consider other factors, such as the speed of the trade and the likelihood of the trade being successful to be important.
16.2 We will satisfy the following conditions when executing trades:
(a) Promptly and accurately record the trade;
(b) Execute orders and acceptance of orders sequentially and promptly unless the characteristics of the trade make this impracticable; and
(c) Inform you of any material difficulty to executing your trades promptly after being aware of the difficulty.
16.3 Whenever there is a specific instruction from you for the execution of a trade, we will execute according to your instruction to the extent possible. To the extent that your instruction is not comprehensive, we will determine any unspecified components of the execution. You agree that your specific instruction may prevent us from obtaining the best possible result for you.
16.4 Any order you place or accept, and instruction you give, will not take effect unless received and acknowledged by us. We shall be entitled to execute any order, acceptance of order or instruction which we reasonable believe is from you without further enquiry as to the genuineness, authority or identity of the person giving or purporting to give the order, acceptance of order or instruction.
17. Rules of using our Services
17.1 There are rules which you need to follow when using our Services. These are:
(a) you must not reverse engineer or avoid any security measures on the Mansa platform;
(b) you must not use any software, artificial intelligence, ultra-high speed, or mass data entry which might manipulate, game, abuse, or give you an unfair advantage when using our systems or Services;
(c) you will not perform transactions which manipulate Mansa, for example placing a buy as well as a sell order, for the same or for a similar product, at the same or similar time;
(d) you will not enter into transactions or combinations of transactions either by you or by you acting in concert with others, including between connected accounts, or accounts held with different entities within Mianiaga, which, taken together or separately, are for the purpose of manipulating Mansa for gain;
(e) you will not act in an unfair, abusive, manipulative, or illegal way when using our Services, for example scalping; and/or
(f) you will not perform transactions aimed at exploiting errors in prices;
17.2 If you profit by breaching the above rules, we may not pay the cash to you or add the precious metal products to your account. If we have paid that cash or added the precious metal products, we may deduct them from your Mansa account.
17.3 If you breach any of the above rules we will record such breach. We may also cancel your pending orders, freeze, block and/or terminate our Services, your Mansa account, and/or our Agreement with you. We may, but are not required to, give you notice of this, subject to any Applicable Law.
18. Transactions records
18.1 Information about your transactions, which includes records of the transactions that you've concluded, your pending orders, margin, cash balances as well as other information about your transactions and orders, is available online in your Mansa account (we call this the "Account Information"). Your Mansa account will be updated no later than 24 hours after any activity takes place. You will be able to filter this information in different ways, for example on a per month basis. We are under no obligation to provide this information in hard copy or by email.
18.2 If you think there is a problem with your Account Information, please contact us as soon as possible and not later than 48 hours following the day on which the Account Information is posted. Otherwise, the Account Information will be conclusive evidence of your transactions, concluded transactions, your pending orders, profit, and cash balances.
18.3 We are required to keep your records, including the Account Information, for at least five years after your Mansa account is closed. This period may be extended by Applicable Law or agreement between us in writing. These records will be our sole property.
19. Fees and costs
19.1 We may charge you a fee for each order and acceptance of order we execute for you.
19.2 We may charge you a fee for the storage of your precious metal products.
19.3 We may charge you a fee when you put cash in, or take cash out of your Mansa account, as detailed in clause 10 - "How to deposit and withdraw cash into and out of your Mansa account", and includes:
(a) if you deposit cash into your Mansa account and your payment method charges us a fee, for example a payment transfer or a payment processing fee, we may charge you a "transfer fee";
(b) if we return any cash which comes in from a payment method that is not in your name and we are charged a fee for returning your cash, we will deduct an amount equal to that fee from the cash which we are returning;
(c) if you withdraw cash from your Mansa account, we may charge you a fee; and
(d) if we need to convert your cash into Malaysian Ringgit, we will charge you a fee.
19.4 We may charge you a fee for adding precious metal products into your Mansa account from cash or precious metal products we receive from you, as detailed in clause 11 - "How to add and withdraw precious metal products into and out of your Mansa account ":
19.5 We may also charge you a monthly inactivity fee, where there has been no transaction on your Mansa account for at least 12 months. Our inactivity fee is available on the Mansa website.
19.6 For more information of the commissions, charges, fees and costs that apply to our Services, please read the Mansa website at https://mansa.app/support. We may update our commissions, charges, fees and costs from time to time. It is your responsibility to keep up to date with any changes, and to be aware of the commissions, charges, fees and costs that apply to your transactions and the Services that you use.
19.7 You acknowledge that all amounts due to us shall be deducted from your Mansa account cash balance.
20. Recording your communication with us
You agree that we may record any telephone, email and chat conversations with you, as well as any other forms of communications, activities, and transactions, between you and us, and that the recordings may be used as evidence in any proceedings relating to our Agreement with you, any order you place, and/or transactions executed. These records will be our sole property.
21. Information on Mansa
21.1 When you open a Mansa account, you will have access to information ("Market Data") which we make available on Mansa. Market Data may include news, analyses and opinions by us and third parties.
21.2 We do not guarantee that the Market Data is always accurate, correct, or up to date. Market Data is not financial advice and we are not responsible or liable for any action which you take or do not take based on such Market Data. If you want to use the information to help you with your own investment decisions, you do so at your own risk.
PART 3 - OUR RIGHTS AND YOUR RIGHTS IN SPECIAL CIRCUMSTANCES
22. Responsibility for loss
22.1 Subject to clause 22.2 below, Mianiaga and its employees, agents, delegates or associates will not be liable for any:
(a) action or inaction we take in accordance with our rights under this Agreement, including under clause 15 - "Modifying your order, cancelling your order, or non-acceptance your order", clause 24 - "Right of set-off, liens, and equitable charges", clause 25 - "Event of Default", and clause 26 - "Exceptional Events";
(b) event due to circumstances beyond our control including, any "Exceptional Event" occurring, as defined in clause 26 - "Exceptional Events";
(c) action taken by any government or regulatory body, legal authority, technical delays, technological malfunction, loss of data and records, destruction of hardware;
(d) action taken by us as a result of a breach of the Agreement by you;
(e) act or omission of any third party including for any information provided by a third party;
(f) action taken by us as a result of Applicable Law;
(g) damage, costs, loss, liability, claims for compensation, or expense incurred or suffered by you, directly or indirectly under or in connection with this Agreement;
(h) damage, costs, loss, liability, claims for compensation, or expense incurred or suffered by you, directly or indirectly under or in connection with performing transactions on a digital platform as set out in clauses 4.6 or 4.7 above, and 22.3 and 30.6 below; and
(i) damage, costs, loss, liability, claims for compensation, or expense incurred or suffered by you, directly or indirectly, under or in connection with any planned or essential maintenance to our systems, which includes Mansa.
22.2 Notwithstanding the above:
(a) Mianiaga will be liable for your losses only to the extent your loss is due to Mianiaga's gross negligence, wilful default, and/or fraud; and
(b) Mianiaga will be liable for your losses only to the extent your loss is due to Mianiaga's gross negligence, wilful default, and/or fraud; and
(c) nothing in this Agreement shall exclude or limit our liability or responsibility to you for any liability that cannot be excluded or limited under Applicable Law.
22.3 The Services, Mansa, and the information we provide on Mansa, are provided "as is" and "as available", without any representation or warranty of any kind, including that it will be without interruption, error free, or will meet your individual requirements, or compatible with your hardware or software, except as otherwise set out in this Agreement.
23. Closing or blocking access to your Mansa account and/or Services
23.1 You can close your Mansa account at any time by sending us an email. Your Mansa account will be closed within the seven days after we receive your email. You may also close your Mansa account via the settings section of our platform.
23.2 We will execute or cancel (as applicable) any pending order which you have placed before requesting to close your account in accordance with clause 23.1 above. We may, at our discretion, permit you to place and accept new orders during the seven-day period, and will subsequently execute and/or close (as applicable) such orders before the seven-day period expires. You will need to pay the associated fees for any trade which we execute.
23.3 If you have precious metal products in your account, you should either request to withdraw the products or sell the products. Otherwise, we will sell them for you when we close your Mansa account.
23.4 We may also freeze, block, or terminate our Services and/or your Mansa account if:
(a) we decide to stop providing you with Services;
(b) we require you to provide us with information under clause 8 - "How to open and maintain your Mansa account", and/or clause 34 - "Regulatory reporting and disclosures", to enable us to comply with our obligations under Applicable Law and/or internal procedures, and you cannot or do not provide us with the information, or the information you provide to us is inaccurate, incomplete or misleading;
(c) you breach the Rules of using our Services. We explain our Rules of using our Services in clause 19 - "Rules of using our Services";
(d) an "Event of Default" occurs. We explain what an Event of Default is in clause 25 - "Event of Default"; and/or
(e) an "Exceptional Event" occurs. We explain what an Exceptional Event is in clause 26 - "Exceptional Events".
23.5 We will take reasonable steps to provide you with appropriate notice if we freeze, block, or terminate our Services and/or your Mansa account. However, there might be times when we are required to freeze, block, or terminate our Services and/or your Mansa account without telling you in advance. We will do this if we reasonably believe that there is a security or regulatory risk, you have breached the Agreement, there is an Exceptional Event, we are required to do so by Applicable Law or by a regulator, and/or there is an application, order, resolution or another announcement in relation to a winding up/bankruptcy in which you are involved.
24. Right of set-off, liens, and equitable charges
24.1 We have the right to deduct (or set-off) any cash or liability that you owe us from the cash and precious metal products in your Mansa account, and/or to cancel your pending orders, and subsequently liquidate your Mansa account for the liability payable by you. If you have more than one Mansa account, we have the right to set-off any cash or liability that you owe us under one Mansa account, from the cash available in your other Mansa accounts, or from the proceeds of the sale of precious metal products that we hold for you in your other Mansa accounts.
24.2 We shall have a general lien and equitable charge on the precious metal products that we hold for you and the cash in your Mansa account, until any cash, fees, charges and liabilities that you owe to us is paid.
25. Event of Default
25.1 Each of the following will be an "Event of Default":
(a) you fail to pay us within seven days, any fees, charges, and/or liabilities on your Mansa account, where we have requested such payments;
(b) you enter into liquidation or bankruptcy, whether compulsorily or voluntarily, or a procedure is commenced against you seeking or proposing liquidation or bankruptcy, or you are generally unable to pay your debts as they become due (or you confirm so in writing);
(c) you become subject to an administration order or have a receiver or similar appointment or order are made or proceedings commenced in respect of any of your assets;
(d) we consider it reasonably necessary to prevent what we reasonably consider to be or might be a violation of any Applicable Law (including but not limited to, gaming the system or scalping);
(e) you, or we reasonably believe that you are in material breach of any term of the Agreement, including any material misrepresentation to us; and/or
(f) you have, or we reasonably believe that you have, acted in an unfair or abusive manner, for example, by breaching the Rules of using our Services set out in clause 17 - "Rules of using our Services".
25.2 If an Event of Default occurs, unless otherwise prescribed by Applicable Law, we may, in our absolute discretion, at any time and without prior notice, take one or more of the following steps:
(a) cancel all or any of your pending orders;
(b) exercise the lien or charge that we have on the precious metal products that we hold for you and the cash in your Mansa account; and/or
(c) close your Mansa account.
26. Exceptional Events
26.1 An "Exceptional Event" includes:
(a) any fire, strike, riot, civil unrest, terrorist act, war or industrial action;
(b) any natural disaster such as floods, tornadoes, earthquakes and hurricanes;
(c) any epidemic, pandemic or public health emergency of national or international concern;
(d) any act or regulation made by a government, supra national body or authority that we believe stops us from maintaining an orderly market in relation the precious metal products transacted on the Mansa platform;
(e) the imposition of limits or unusual terms by a government on the precious metal products transacted on Mansa;
(f) the abandonment or failure of any instrument that we use to make our quotes, including the suspension or closure of any exchange and the nationalisation of any exchange by a government;
(g) excessive changes to the price, supply or demand of any product. We may also call an Exception Event where we anticipate this change (within reason);
(h) technical failures in transmission, communication or computer facilities including power failures and electronic or equipment failures;
(i) the failure of any supplier, intermediate broker, agent, principal custodian, sub-custodian, dealer, exchange, clearing house or regulatory organisation to perform its obligations to us;
(j) liquidity providers not providing, or being unable to provide liquidity, to us. Liquidity describes the degree to which a precious metal product can be quickly bought or sold at a price reflecting its appropriate value; and/or
(k) an event which significantly disrupts the market, which could include (but is not limited to) the premature close of trading in the market of a precious metal product, excessive movements in the price, supply or demand of a product, whether regulated or unregulated that our Services relate to.
26.2 If an Exceptional Event happens, the availability and speed of our service, including our platform, website, our execution of your order, the availability of the different functionalities which we may provide as part of our Services including instructions which you may give in respect of a transactions, as well as any of our obligations under this Agreement may be delayed, may not be available, or may not be carried out. We will not be liable to you for any losses which you incur as a result.
26.3 If we think, in our reasonable opinion, that an Exceptional Event has occurred or is occurring, we may make the following changes to your Mansa account without telling you:
(a) limit the availability of instructions that you can give in respect of an order or acceptance of an order;
(b) cancel your pending orders;
(c) change the times within the day for executing trades of a precious metal product; and
If you lose cash as a result, we will not be liable to you.
26.4 We will use commercially reasonable efforts to resume normal performance of our Services after an Exceptional Event occurs.
26.5 We will tell you in writing as soon as possible that an Exceptional Event has occurred.
27. Acknowledgements, representations and warranties
27.1 You acknowledge, represent and warrant that:
(a) you are over 18 years old, and have capacity to enter into this Agreement;
(b) you are eligible to enter a legally binding agreement with us in accordance with the laws governing the jurisdiction applicable to you;
(c) you are solely and completely responsible for your own compliance with Applicable Law in your jurisdiction including, without limitation, to all exchange control restrictions that may be applicable to you and that you have obtained any necessary exchange control approval;
(d) you have all necessary consents and the authority to enter into this Agreement and /or use the Services;
(e) if you are a body corporate, unincorporated association, trust or partnership you are validly existing in accordance with Applicable Law and have obtained all necessary consents and authorisations under your constitutional or organisational documents;
(f) except where we have agreed otherwise in writing, you act on your own behalf and not as the agent, attorney, trustee or representative of any other person;
(g) all information and documents that you supply is true, accurate, complete and not misleading;
(h) you will only access and use our Services for your own personal benefit;
(i) neither the entry into this Agreement, or use of the Services, or the giving of any other instruction will violate any law, rule, or regulation applicable to you;
(j) all cash that you pay us or deposit into your Mansa account does not originate in any way from drug trafficking, abduction, terrorist activity or any other criminal activity that is unlawful or could be considered unlawful by any relevant authority.
(k) you have not and will not upload or transmit any malicious code to Mansa or otherwise use any electronic device, software, algorithm, and / or dealing method or strategy that aims to manipulate any aspect of Mansa or the Services; and
(l) you will use the Services offered by us pursuant to this Agreement honestly, fairly and in good faith.
27.2 If you breach any warranty or representation made under this Agreement, we may cancel any pending order that you have made, and/or close or freeze your Mansa account.
PART 4 - GENERAL LEGAL TERMS
If you die or become incapacitated and your legal heirs or representatives want to withdraw any remaining balance in your Mansa account, they must provide us with official duly-authenticated legal documents from the applicable authorities in the relevant jurisdictions. We will only allow your legal heirs or the representatives to withdraw your cash after we check such documents, and are satisfied that he / she has the authority to do this.
29. Assignment and novation
29.1 We may assign, transfer and/or novate these Terms and Conditions and/or any of our rights and/or obligations to another appropriately regulated firm. We will tell you 15 days in advance if we do this. We will use reasonable endeavours to ensure that your rights under the assignment and/or novation will be similar to your rights under the Terms and Conditions and Schedules with us. We will treat you continuing to use the Services as you agreeing to the assignment and novation, but you can cancel your Mansa account with us at any time.
29.2 You may not assign, transfer, and/or novate these Terms and Conditions and/or any of your rights and/or obligations to another person, whether by operation of law or otherwise, or whether on a permanent or temporary basis without our prior written agreement.
30. Changing the Terms and Conditions and/or our Services
30.1 Our customer support team are not authorised to amend or waive any term in these Terms and Conditions.
30.2 We may make changes to these Terms and Conditions from time to time. For example, we might need to add new terms, or amend existing terms to reflect changes in:
(a) our business, our Services or the precious products or how we provide them;
(b) the systems we use; and/or
(c) Applicable Law or regulation or industry recommendations.
We may also make changes for reasons not set out here.
30.3 If we add a new term or change an existing term in these Terms and Conditions, we will take reasonable steps to provide you with appropriate notice, including via the Mansa website. You will be deemed to accept and agree to the changes if you continue to use the Services after the publication of any changes. We will treat you continuing to use our Services as you agreeing to the changes, but you can cancel your Mansa account with us at any time.
30.4 There might be times when we don't tell you about a change to these Terms and Conditions, for example, if a change does not disadvantage you.
30.5 A copy of the most up to date version of these Terms and Conditions are available on the Mansa website.
30.6 We may modify, suspend or discontinue, temporarily or permanently, all or any part of our Services with or without notice. We reserve the right, at any time and for any reason, to discontinue, redesign, modify, enhance, change, patch the software, Mansa and/or the Services including without limitation, the structure, specifications, 'look and feel', navigation, features and other elements of the software and/or the Services or any part thereof. You agree that we will not be liable to you or to any third party (for whom you may be acting) for any modification, suspension or discontinuance of all or any part of our Services.
If any court or relevant authority finds any part of these Terms and Conditions to be invalid or unenforceable, the remaining parts of the Terms and Conditions and Schedules will remain in full force and effect.
32. Intellectual property
32.1 All content included in or made available through the Services, including but not limited to all copyright, trademarks, patents, service marks, domain names, trade names, rights in designs, software code, icons, logos, characters, layouts, rights in know-how, trade secrets, buttons, colour scheme, graphics and other intellectual property rights ("IP") is the property of Mianiaga, its affiliates or its licensors and is protected by local and international intellectual property laws and treaties.
32.2 Subject to the terms and conditions of this Agreement, we hereby grant you a limited licence to install and use Mansa, solely for your personal use and benefit in accordance with the terms of this Agreement.
32.3 You may not, without our prior written consent or except where granted under these Terms and Conditions:
(a) modify, copy, display, distribute or commercially exploit any IP or materials (including text, video, audio or user interface design) in the content of any of the Services, including in the Mansa platform;
(b) remove any proprietary notices from any IP;
(c) attempt to derive any source code for the Mansa platform; and
(d) attempt to disable, bypass, modify, defeat, or otherwise circumvent any protection system applied to or used as part of the Services.
32.4 The use of the Services does not grant you any rights other than those granted to you under these Terms and Conditions. Nothing contained on the Mansa websites or any communications to you shall be construed as granting, by implication or otherwise, any licence or right to use any IP without our prior written consent.
32.5 If you create a hyperlink to one or more of the Mansa websites, the hyperlink and context in which it is used may not, without our prior written consent, suggest an endorsement, sponsorship or affiliation with Mianiaga, its affiliates or Services, and may not make use of any of our IP other than that contained within the text of the hyperlink.
32.6 You agree to:
(a) use all your efforts to protect our IP from being infringed by you;
(b) not knowingly or recklessly encourage or assist any third parties to infringe our IP; and
(c) immediately notify us if you become aware of any violation or suspected violation of our IP, or where our IP is being used in a manner not authorised by these Terms and Conditions.
32.7 If any third party software is included within Mansa, then such third party software shall be provided subject to the terms of this Agreement. You shall fully comply with the terms of any third party software licences that we provide you with from time to time. Please note we do not provide support for third party software or information provided thereon.
32.8 Should this Agreement be terminated for any reason, your license will be revoked and you must cease using Mansa, as well as any third party software which is included within Mansa.
32.9 Please inform us in writing if you encounter any problems with Mansa, or have any suggestions for modifications and improvements. We may make modifications to Mansa based upon your suggestions, but are not required to do so. Any modifications and improvements made to Mansa based on your feedback shall be our and our licensors' sole property.
33. Personal data and privacy
33.2 When you open a Mansa account, your username, your name, your picture/avatar (if provided), and any content which you post on Mansa can be seen by others. In certain instances, you can control who sees this information by managing your privacy settings in your Mansa account.
33.3 If you use one of our applications provided via social networks (such as Facebook, Twitter, etc.), our application will have access to your social network account general information which includes your name and username in such social network, profile picture, and any other information you have shared with 'everyone' on the relevant social network. Additional information may be collected in specific social networks campaigns which will be specified in the terms and conditions applicable to such campaign.
34. Marketing and promotions
All promotions which we offer will have specific terms and conditions which apply to that promotion. We can change, or stop providing a promotion, in accordance with the terms and conditions of that promotion. Any benefit which is part of a promotion will only apply once per Mansa account, person, household and/or any environment where computers are shared.
35. Regulatory reporting and disclosures
35.1 Where we are subject to reporting obligations by authorities, you agree to provide us information which we request to enable us to comply with our obligations.
35.2 The parties hereby expressly consent to the transfer of information to the extent required in order to comply with the reporting obligations. Such transfer of information may entail the disclosure of transaction data, including the portfolio data, the value determined for the transactions, collateral posted and the identity of the parties.
35.3 We will not assist you with any reporting obligations which you are required to carry out under Applicable Law. This includes, but is not limited to regulatory reporting, tax reporting, the reporting of the receipt or the payment of specific currencies.
All amounts extracted from your account are gross amounts, meaning that we have not collected, deducted, or paid any taxes for you or on your behalf. It is your responsibility to calculate and pay all applicable taxes that you owe as a result of your transactions on Mansa. However, we may withhold and deduct at source any taxes due under Applicable Law at our sole discretion. You will have no claim against Mianiaga where we have made such a deduction. Where necessary, we or our affiliates will deduct and report tax deduction on an aggregate basis with respect to all our users. To the extent you require us to issue your personal report specifying the taxes withheld at source on your behalf, we may debit your account with our cost and expenses in connection with the preparation and filing of said reports including any re-submissions and late charges.
37. Rights of third parties
A third party will not be able to benefit from or enforce a term of these Terms and Conditions.
38. Applicable Law and regulation
38.1 These Terms and Conditions, any orders and acceptance of orders, and transactions are subject to all Applicable Law and regulation ("Applicable Law").
38.2 We will not be liable to you for any action, inaction, decision or ruling made pursuant to Applicable Law. We may also take or omit any action that we consider reasonable to comply with Applicable Law.
38.3 Any reference to a person in these Terms and Conditions shall include bodies corporate, unincorporated associations, trusts, partnerships and individuals.