TERMS AND CONDITIONS

MS Gold SDN. BHD. is the owner and operator of the website www.msgold.online, with its registered office located at 98, Jalan Masjid India, City Centre, 50100 Kuala Lumpur, Wilayah Persekutuan Kuala Lumpur. Prior to using this website, please carefully review these terms of use. If you do not agree to these terms, you are not authorized to use this website. By accessing and using this website, you explicitly agree to these terms of use and the website's privacy policy, which is incorporated herein for reference. These terms of use outline the legally binding terms of services available on the website, as well as the terms of use of this website. These terms of use and the privacy policy apply to both users who visit the website but do not transact business on the website ("Users/Guests") and users who are registered with the website to transact business on the website ("Members"). The company reserves the right to modify or terminate any portion of the website or the services offered by the company for any reason, without notice and without liability to you or any third party. It is your responsibility to regularly review these terms of use to stay informed of any changes. These terms of use do not confer any rights to third-party beneficiaries.


The use of the website, www.msgold.online , is subject to certain terms and conditions that have been developed and prepared by MS GOLD to ensure a seamless and enjoyable shopping experience for its customers. By accessing the website, you confirm that you are legally entitled to do so and to make use of the information provided on the website. It is important that you carefully read and understand these terms and conditions, including the Terms of Use and other customer service pages, before using any MS GOLD website or service. By visiting or using any MS GOLD website or service, you acknowledge that you have read and understood these terms and agree to be bound by them. You also agree to comply with all applicable laws and regulations. If you do not agree to these terms, please refrain from accessing or using any MS GOLD website or service.


ACCEPTANCE OF AGREEMENT

Any unused funds mentioned in clause 2.4 form a non-interest-bearing deposit that acts as a security against any violation of your responsibilities in this Agreement. We have the right to use these funds to fulfill any obligations you have towards us under this Agreement.


There is no interest paid to you on any funds in your MS GOLD Account.


The gold in your MS GOLD Account is insured under insurance policies arranged by MS GOLD and is not insured by the Perbadanan Insurans Deposit Malaysia.


You are permitted to have only one MS GOLD account per mobile phone number and email address. It is your responsibility to maintain control over your mobile number and/or email. If you change your phone number or email, you must inform us of your new contact details. MS GOLD reserves the right to close any accounts that involve duplicate transactions on different phone numbers or emails. MS GOLD also reserves the right to close dormant accounts and lock accounts when necessary.


The MS GOLD account can be accessed on most Android and iOS devices, subject to device-specific restrictions or settings.


Unless required by law, MS GOLD does not recognize any individual as holding gold under this Agreement based on any form of trust, whether explicit, implicit, or implied. MS GOLD is not obligated to acknowledge or recognize any equitable, contingent, future, or partial interest in your MS GOLD Account, except for an absolute right to the entire MS GOLD Account, even if we are aware of such claims.


You acknowledge that the MS GOLD Platform and the MS GOLD Services do not fall under the category of "capital market service" as defined by the Capital Markets and Services Act 2007 (as amended). They do not involve trading, exchange, or dealing with securities, investment contracts, or any other financial instruments commonly known as "securities" or "derivatives", either by law or otherwise.


You understand that you can only sell gold through your MS GOLD Account by either transferring the funds to your personal bank account, which must be in your name and linked to your MS GOLD Account, or by physically withdrawing the gold as described in clause 8.


USER GUIDELINES (RULES, RESTRICTIONS, REQUIREMENTS)

To protect your privacy and MS GOLD Account, you must create a Password when setting up your account. Failing to enter the correct Password will prevent you from following instructions related to your account. By entering the correct Password, you take full responsibility for any electronically issued instructions. MS GOLD is not liable for any loss or claims resulting from verbal or digital instructions received through your Password.


You are solely responsible for maintaining the confidentiality of your Password. When transmitting instructions through non-secure means, like cell phone or email, we cannot guarantee confidentiality. If you suspect your Password has been compromised, promptly inform us in writing via email or customer service chat. Until you notify us, you will be held liable for any transactions conducted using your Password. Additionally, you may need to implement other security measures provided by us.


Practice prudent security measures when engaging in electronic transactions. Sign out and close all online transaction services once completed. Follow our security recommendations, including encryption technology requirements, virus scanning, software updates, firewall systems, anti-spyware software, and cybersecurity protocols.


Please note that MS GOLD does not store Passwords on the backend; they are only stored on the user's phone. Each user can only use one device for a single account.


All network communications with MS GOLD servers are protected by the Transport Layer Security (TLS) protocol.


MS GOLD maintains the master copy of ownership records and makes modifications to personal records and accounts based on valid instructions.


To ensure security, MS GOLD uses at least two independent and parallel data system storage units to safeguard the customer database.


COPYRIGHT AND INTELLECTUAL PROPERTY

MS GOLD owns or is licensed to the copyright and all other Intellectual Property on the Website and the Website Content. This includes the "look and feel" of the Website, all HTML and other code, text images or links, product names and images, trade names, service names, tag lines, or logotypes. These Marks are trademarks owned by or licensed to MS GOLD. The Marks are protected by the laws of Malaysia and other countries. You cannot use any of these Marks without written authorization from MS GOLD. Reproduction or redistribution of the Marks is prohibited and may result in penalties. Violators will be prosecuted to the fullest extent of the law. Copying and use of the Marks on any other server, location, or support for publication, reproduction, or distribution is expressly prohibited. "Intellectual Property" includes trademarks, patents, inventions, copyrights, and more.


GOVERNING LAW

Any dispute arising in connection with these Terms and Conditions will be governed by the laws in force in Malaysia


LIMITATION OF LIABILITY

MS GOLD, its agents, employees, or officers, shall under no circumstances be liable for:


  1. Loss of profit or any indirect or consequential loss arising under or in connection with this Agreement.
  2. Special, general, direct, indirect, incidental, or consequential damages.
  3. Fees, duties, taxes, or loss of gold after it has been removed from the Vault for delivery or collection.
  4. Loss resulting from latent defect, loss of data, or loss of profits.
  5. Damages resulting from unclear instructions or failure to provide correct information.
  6. Loss as a result of risks associated with online trading, including software and hardware failure, loss of data, delays, errors, or power outages.
  7. Penalties, fees, interest, costs, or damages imposed on or incurred by you with respect to transfers or payments.
  8. Delay or non-performance of obligations due to Force Majeure or neglect, serious fault, or willful misconduct on your part.
  9. Adjustments to orders due to market distortion or disruption.
  10. Total liability not exceeding the value of the MS GOLD Account at the time of the claim, subject to a maximum limit of MYR50.
  11. Loss or damages from third-party access to confidential information transmitted over the Internet or temporary inability to determine your balance.
  12. Actions or omissions of third parties you grant permission to connect to your MS GOLD Account.
  13. Loss or damages resulting from failure to conduct appropriate due diligence on parties you choose to deal with.
  14. Fraudulent transactions resulting from fraudulent or grossly negligent acts from your account or breach of MS GOLD Platform security.
  15. MS GOLD disclaims all warranties, expressed or implied, including warranties of merchantability or fitness for any particular purpose.

Please note that this clause 9 will survive termination of the Agreement or closure of any MS GOLD Account. Please keep in mind that I have only formatted the given information into markdown and it's important to consult a legal professional or advisor to ensure the accuracy and appropriateness of your terms and conditions.


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