Menu
Your Cart
Gold Rate as on 01 Mar 2024        KL : RM 310/gm        Penang : RM 310/gm

Terms And Conditions

A. Terms of Online Service ("Terms")

Please read these Terms of Online Service ("Terms", "Terms of Online Service") carefully before using the http://www.smsdeenjewels.com.my website and/or the SMS DEEN GOLD Trading & Saving mobile application (the "Service")  operated by SMS Deen Jewellers Sdn Bhd ("SMS DEEN").

Your access to and use of the Online Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Online Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access our Online Service.

B. Details of Terms & Conditions Agreement


  1. INTERPRETATION
    In this Agreement, unless otherwise expressly stated or if the context requires otherwise, the following terms shall have the meanings set out below:
    • “Agreement” means these terms and conditions, any account-opening documentation (including an electronic registration form you complete when applying for SMS DEEN GOLD SCHEMES), and any other documents, terms and conditions, or policies which are expressly stated by SMS DEEN to form part of the agreement between us and you;
    • SMS DEEN Gold Schemes Account” means the electronic record of:
      1. gold that you own, identified by quantity and purity of the gold, and delivered to us for storage in the Vault;
      2. payments to and from us in relation to the purchases, sales and withdrawals of gold and any other transactions between you and us under this Agreement;
      3. the fees levied by us for services provided to you.
    • “Customer”, “you” or “your” means a person who has registered and has been accepted by us for a SMS DEEN Account on the SMS DEEN Website or SMS DEEN Mobile App including satisfactorily completing the applicable verification requirements in accordance with this Agreement;
    • “Force Majeure” means any circumstance, act, or event beyond our reasonable control, including (but not limited to) any:
      1. lock outs, strikes or other industrial disputes (in each case, whether or not relating to our workforce and whether or not beyond our reasonable control);
      2. changes to applicable laws, acts, or regulations of any governmental or supranational bodies or authorities;
      3. breakdown, failure, malfunction, or hacking of telecommunications or computer services or systems (including the internet) including, without limitation, any third party services or systems or acts of hackers;
      4. unusual volatility in the market, hacking, Denial of Service (DoS) attack, deliberate market distortion or manipulation, and disruptions to trading or the trading price;
      5. act of God, fire, act of government or state, terrorist act, war, civil commotion, insurrection or embargo, earthquake, nuclear incident, floods, volcanic action;
      6. inability to communicate with brokers or market makers for whatever reason or late or mistaken delivery or payment by any bank or counterparty;
      7. prevention from or hindrance in obtaining any energy or other supplies; and
      8. any other reason (whether or not similar in kind to any circumstance, act or event described in (a) to (g) above).
    • “SMS DEEN”, “we”, “us”, or “our” means SMS Deen Jewellers Sdn Bhd, a company incorporated in Malaysia with its registered address at No 52, Jalan Masjid India, 50100 Kuala Lumpur, Wilayah Persekutuan.
    • “SMS DEEN Platform” means the SMS DEEN private and public website accessible at www.smsdeenjewels.com.my amended from time to time (the “Website”), the SMS DEEN Application Programming Interface (“API”), and any associated SMS DEEN-hosted websites or mobile applications (“Mobile App”) (collectively the “SMS DEEN Platform”);
    • “SMS DEEN Services” means any and all of the services provided to you through the SMS DEEN Platform and includes the use of the SMS DEEN Platform;
    • “Password” means the string of characters in length that you may use to access your SMS DEEN Account;
    • “Privacy Policy” means the privacy policy of SMS DEEN that is available on the SMS DEEN Website (as amended from time to time);
    •  “Vault” means the location where gold is physically stored pursuant to an agreement entered into by SMS DEEN;

 

  1. ACCEPTANCE OF AGREEMENT
    1. This Agreement takes effect upon acceptance by the Customer of these terms and conditions during the account opening process by which Customer reads and agreed by an electronic tick through the SMS DEEN Platform. The relationship between SMS DEEN and the Customer arising from or in connection with the Customer’s SMS DEEN Account shall be defined and governed by this Agreement.
    2. This Agreement applies to your SMS DEEN Account and your use of:
      1. the SMS DEEN Platform; and
      2. any of the services provided to you by SMS DEEN together with the SMS DEEN Platform (the “SMS DEEN Services”).
    3. By signing up to use the SMS DEEN Platform through the SMS DEEN Website or SMS DEEN Mobile App, you agree:
      1. that this Agreement will document the contractual relationship between you and us;
      2. to be bound by the provisions of this Agreement;
      3. to comply with all relevant laws of any territory of which you are a citizen, national, or subject, and of any territory in which you are resident from time to time, and of any other territory from which you access the SMS DEEN Platform, and including, without limitation, the laws of Malaysia; and
      4. to authorize and allow SMS DEEN to disclose your personal information and documents to parties providing loan, credit and/or any other financial services to you.
    4. You understand, acknowledge and agree that:
      1. the gold recorded in your SMS DEEN Account is held by SMS DEEN as bailee and is stored in our vault;
      2. you may only withdraw funds to your personal bank account. However, your funds withdrawal is subject to a daily withdrawal limit , to which SMS DEEN may update time to time;
      3. any money credited to your SMS DEEN Account is not a deposit with or loan to us and your SMS DEEN Account is not a bank account under the Financial Services Act 2013 (as amended);
      4. any money or gold balance incorrectly credited to any of your SMS DEEN accounts shall be subject to a clawback or recoupment policy currently in effect or as may be adopted by SMS DEEN. Such a decision is at the sole discretion of SMS DEEN.
      5. any money standing to the credit of your SMS DEEN Account represents payment for gold that you intend to purchase under this Agreement, which is subject to SMS DEEN acceptance and approval, and SMS DEEN is authorized without any further action required from you and without prior notice to you to convert such money to gold, at a price and subject to fees determined under clauses 6 and 7, at any time, OR to reject and refund this Agreement, and SMS DEEN is authorised without any further action required from you and without prior notice to you to clawback or recoupment of any money or gold balance incorrectly credited to any of your SMS DEEN accounts, and to refund to you the whole sum of payment without any contractual binding in place as may be adopted by SMS DEEN. Such a decision is at the sole discretion of SMS DEEN.
      6. any money unutilized under clause 2.4 constitutes a non-interest bearing security deposit that is held by us as security against any breach of your obligations under this Agreement and may be applied by us towards the performance of any obligation you owe to us under this Agreement;
      7. there is no interest payable to you on any amount in your SMS DEEN Account;
      8. the gold in your SMS DEEN Account is insured under insurance policies arranged by SMS DEEN and are not insured by the Perbadanan Insurans Deposit Malaysia.
      9. you are only allowed one SMS DEEN account per mobile phone number per email and it is your responsibility to retain control of your mobile number and/or email. If you change your phone number or email, then it is your duty and obligation to inform us if your new mobile phone number or email. SMS DEEN reserves the right to close the account(s) where there is duplication of transactions on different phone numbers or emails. SMS DEEN reserves the right to close accounts which are dormant and/or lock accounts whenever necessary.
      10. the SMS DEEN account can be operated on most Android devices and iOS devices subject to any restrictions or settings applicable to the devices.
      11. except as required by law, no person shall be recognized by SMS DEEN as holding any gold under this Agreement upon any trust, whether, express, implied or constructive, and SMS DEEN shall not be bound by or be compelled in any way to recognize (even when having notice thereof) any equitable, contingent, future, or partial interest in your SMS DEEN Account except an absolute right to the entirety of the SMS DEEN Account.
    5. You acknowledge that the SMS DEEN Platform and the SMS DEEN Services do not constitute a “capital market service” under the Capital Markets and Services Act 2007 (as amended), trading of, or an exchange in, securities, investment contracts or any document, instrument or writing commonly known as a “security” or “derivative”, at law or otherwise.
    6. You understand that you may only sell gold through your SMS DEEN Account by way of:
      1. transfers to, a personal bank account, in your own name which you have linked to your SMS DEEN Account; or
      2. physical withdrawals of gold as described in clause 8;
  1. COMMUNICATIONS
    1. Communications between you and SMS DEEN may be conducted by written email, online platform, or by other electronic means that we offer from time to time. Any instructions that you give to us in any such manner will have the same legal effect as if you gave them to us in traditional written form. You agree that all telephone calls and electronic communications may be recorded and kept by us as a record of your instructions.
    2. You are responsible for the accuracy of your instructions for all transactions in your SMS DEEN Account and through the SMS DEEN Platform. Instructions once sent, in any form acceptable under the SMS DEEN Platform in relation to your SMS DEEN Account, are final and irrevocable. It is your responsibility to ensure that your personal information registered on the SMS DEEN Platform is accurate at all times.
    3. You agree to promptly review the transaction history pertaining to your SMS DEEN Account that you receive to ensure that your instructions have been carried out and that there have been no unauthorized dealings in your SMS DEEN Account. You must inform us of any errors or omissions by written email, online platform, or by other electronic means that we offer from time to time, within seven (7) calendar days of the disputed transaction(s) and the final decision for the disputed transaction(s) shall be under the reserved rights of SMS DEEN.
  2. CUSTOMER DUE DILIGENCE
    1. You agree to provide SMS DEEN with such information as SMS DEEN may require or request, in its discretion, in relation to this Agreement and your relationship with SMS DEEN, including all information required to comply with all applicable laws and regulations, including all applicable anti-money laundering rules and regulations.
    2. Without prejudice to the generality of the foregoing, you must provide a copy of your current valid government-issued photo identification document details visible and/or such other identifying and verifying information or documents as we determine from time to time in our discretion (the “ID Documentation”) at a time to be determined by us, prior to selling gold or withdrawal of any gold in your SMS DEEN Account, upon your funding reaching a certain level prescribed by us, or at any other time at our discretion.
    3. You agree that your ID Documentation will be a colour reproduction of the original document without obstruction, of sufficient size, resolution and legibility. You agree that SMS DEEN is entitled to perform a background check prior to approving your application to open a SMS DEEN Account or at any other time during the course of the relationship at our discretion. You further consent to SMS DEEN contacting credit bureaux to obtain information about you for purposes of confirming your identity under applicable “know-your-customer” rules. You understand that failure to provide any of the information we request from time to time under such rules may result in your SMS DEEN Account being frozen and/or terminated without any notice to you.
    4. You represent and warrant to us at all times that, to the best of your knowledge, any information provided to us by you is complete, accurate, and not misleading in any material respect and you agree to notify us should such information change.
  3. SECURITY AND PRIVACY
    1. To protect your privacy and information about your SMS DEEN Account and access to your account, when you open a SMS DEEN Account, you must create a Password. Unless you enter the correct Password upon logging in to your SMS DEEN Account, we are unable to take your instructions regarding your SMS DEEN Account. You are responsible for, and give us your authorization to carry out, all instructions given to us online where and when your correct Password is entered to access your SMS DEEN Account. SMS DEEN will not be liable to you for any loss or claim arising out of our relying on oral or electronic instructions provided to us using your Password.
    2. You accept that it is your responsibility to keep your Password confidential. You alone are responsible for your Password security. When you give us instructions by cellular phone, email, or other non-secure methods, including instructions sent through the Mobile App, we cannot guarantee confidentiality because third parties can intercept those methods of communication. If you suspect that any other person has become aware of your Password, you must immediately notify us in writing by email or via the SMS DEEN Application customer service chat and you agree to cooperate with us in any subsequent investigation. Until you notify us, you will be liable for all transactions that are made using your Password. In addition to Passwords, you may be required to adopt other security measures that we make available to protect the security of your information.
    3. You must exercise safe security practices when accessing and conducting electronic transactions. This includes signing out and closing any online electronic transaction services once all transactions have been completed regardless of your method of accessing the SMS DEEN Platform. You must also maintain any security measures that we recommend relating to requirements for encryption technology, virus scanning, software, firewall systems, anti-spyware software, cybersecurity measures and similar safeguards to maintain security for all electronic transaction activities.
    4. SMS DEEN does not store Passwords on the backend, only on the user’s phone; consequently only one device can be used by a user for one account at any point in time.
    5. Every network communication with SMS DEEN servers is secured by the Transport Layer Security (TLS) protocol.
    6. SMS DEEN maintains the master copy of ownership records. Records relating to you and your SMS DEEN Account will only be modified upon the execution of your valid instructions, in accordance with the terms of this Agreement.
    7. SMS DEEN ensures that at least two widely separated data system storage running, parallel with dual separated system, of the full SMS DEEN online based customer database.
  4. PRICE
    1. You agree that the price for any purchase or sale of gold for any transaction within your SMS DEEN Account will be based on the calculated price by our pricing engine. The pricing engine, among other things, collects and distributes real-time gold prices from its bullion counterparties quoting BUY AND SELL price for the purchase or sale of physical gold bullion from each respective Bullion Provider SMS DEEN transacts with. You accept that the price is determined at SMS DEEN’s sole and absolute discretion taking into account all factors it deems relevant, including without being limited to the prevailing world and local market conditions for gold, the exchange rate between United States Dollar (or any other foreign currency adopted) and Ringgit Malaysia and the gold fineness. Every gold transaction in your SMS DEEN Account is executed at the current prevailing price published on the SMS DEEN Platform.
    2. Physical withdrawal of gold are subject to a processing fee payable from your SMS DEEN Account. Taking possession of physical gold will incur service charges which will be confirmed with you in advance within the platform itself. It is your responsibility to ensure that sufficient funds are available in your SMS DEEN Account at the effective time of any funds transfer or payment to satisfy in full any such funds transfer or payment. Requested transactions may not be processed if you do not have sufficient funds in your SMS DEEN Account.
    3. In the case of market distortion, volatile markets, systems (including third party systems upon which SMS DEEN is reliant) being hacked, and market disruption, SMS DEEN reserves the right to adjust an order if the metal and currency quotes received from SMS DEEN’s data source, when the order was placed, is found to be incorrect. SMS DEEN will contact you if an order needs to be adjusted due to incorrect market data, and SMS DEEN shall cancel the order if you do not want to trade on the corrected market rate.

 

  1. STORAGE AND INSURANCE
    1. You authorize us to arrange for the storage, transportation, and insurance of your gold. We will hold your gold as bailee and to enter into storage agreements with by SMS DEEN in its sole discretion.
    2. Any storage agreement entered into with a SMS DEEN provides that gold allocated under the storage agreement will be specifically identified and physically segregated at all times.
    3. You authorize us to act as bailee and to provide instructions to the SMS DEEN and insurance company in such capacity under the terms of the bailment.
    4. SMS DEEN will ensure your bullion is insured against theft and damage according to the accepted insurance standards of the bullion industry, and at a cost which is included in the charge you pay to SMS DEEN in respect of custody of your bullion.
  2. FEES AND LIMITS
    1. You may, by initiating a withdrawal request via the SMS DEEN Platform, together with such identifying information as requested by SMS DEEN, at any time request physical withdrawal of your gold, provided that you hold sufficient gold (as specified in clause 9.2) and subject to the withdrawal limits described below.
    2. Physical withdrawals of gold are subject to a minimum quantity in the form of whole grammes  when making a physical withdrawal request through the SMS DEEN Platform. Physical withdrawals of gold may be subject to daily maximum withdrawal limits. You are responsible for the payment of any service charges, and/or other fees, which will be advised to you and agreed with you in advance.
    3. You may sell the gold in your SMS DEEN Account and the gold in your SMS DEEN Account will then be sold at the prevailing SELL market price at the time of the SELL pursuant to clause 6. The transfer of your SELL gold value from SMS DEEN Account to your personal bank account may be subject to transfer limits based maximum daily allowance that is prescribed by our third-party banking operator.
    4. SMS DEEN reserves the right to reject any incoming or outgoing wire. Outgoing wire instructions may be rejected if the details provided are insufficient, the receiving institution cannot be identified, it is uneconomical to do so, the currency is not one of currencies accepted by SMS DEEN from time to time or if there are insufficient net funds in the SMS DEEN Account. Incoming wire transfers will be rejected if they are sent from a third party or from a bank in a country which SMS DEEN deems to pose a high risk.
  3. LIMITATION OF LIABILITY; NO WARRANTIES
    1. SMS DEEN, its agents, employees, or officers, shall under no circumstances be liable:
      1. to you, whether in contract, tort, breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with this Agreement;
      2. for any special, general, direct, indirect, incidental or consequential damages, even if we had been advised of the possibility thereof;
      3. for any fees, duties, taxes, or loss as a result of theft or any other loss of gold after it has been removed from the Vault at your request for delivery or collection;
      4. for any damages resulting from latent defect, loss of data or loss of profits;
      5. for any damages resulting from any of your instructions not being sufficiently clear or any failure by you to provide correct or requested information;
      6. for any loss as a result of risks associated with online trading, including software and hardware failure latent defect, loss of data, delays, failure, errors, omissions, or losses of transmitted information or instructions, power outages, internet failure, hackers, denial of service (DoS) attacks, viruses, or other contaminating or destructive properties;
      7. for any penalties, fees, interest, costs or damages imposed upon or incurred by you with respect to any transfers or payments, or for our inability to retrieve electronic payments from accounts held at financial institutions.
    1. SMS DEEN will not be in breach of this Agreement or otherwise liable for any loss suffered or incurred as a result of any delay in performance or any non-performance of any obligations under this Agreement (and, where relevant, the time for performance will be extended accordingly) if and to the extent that the delay or non-performance is owing to:
      1. Force Majeure; or
      2. neglect, serious fault or wilful misconduct on the part of you including any failure to keep your Password secure and any failure to comply with this Agreement or associated policies.
    1. In case of Force Majeure, we will use our reasonable endeavours to mitigate the effect of the Force Majeure and to carry out our obligations under this Agreement in any other way that is reasonably practicable. We will, as soon as reasonably practicable, notify you of the nature and extent of the circumstances giving rise to Force Majeure. If the Force Majeure in question prevails for a continuous period in excess of six (6) months after the date on which the Force Majeure begins, you shall be entitled to give notice to us to terminate this Agreement in accordance with clause 13.
    2. In the case of market distortion, volatile markets, systems (including third party systems upon which SMS DEEN is reliant) being hacked, and market disruption, SMS DEEN reserves the right to adjust an order if the metal and currency quotes received from SMS DEEN’s data source, when the order was placed, is found to be incorrect. SMS DEEN will contact you if an order needs to be adjusted due to incorrect market data, and SMS DEEN shall cancel the order if you do not want to trade on the corrected market rate.
    3. Our total liability to you in respect of any losses arising under or in connection with this Agreement, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the value of the SMS DEEN Account at the time of the alleged claim, subject always to a maximum liability limit of MYR50 (fifty) Malaysian Ringgit or equivalent.
    4. Information sent over the Internet may not be completely secure and the Internet and related online systems may not function at all times. We are not responsible for any loss or damages you may incur if a third party obtains access to your confidential information transmitted over the Internet or if you are temporarily unable to determine your balance on the SMS DEEN Platform.
    5. If you grant express permission for a third party to connect to your SMS DEEN Account, either through the third party’s product or through the SMS DEEN Services, you acknowledge that granting permission to a third party to take specific actions on your behalf does not relieve you of any of your responsibilities under this Agreement. Further, you acknowledge and agree that you will not hold SMS DEEN responsible for, and will indemnify SMS DEEN from, any liability arising from the actions or omissions of this third party in connection with the permissions you grant.
    6. SMS DEEN shall not be responsible for any loss or damages resulting from any failure on your part to conduct appropriate due diligence on parties with whom you choose to deal. You accept that you may make and receive payments from other SMS DEEN users and understand that SMS DEEN does not accept liability for the fraudulent or misleading actions of parties to whom you make and from whom you receive payments. It is your entire responsibility to conduct appropriate due diligence and your choice whether or not to make a payment or agree to receive a payment in return for goods or services.
    7. You will be held responsible for any fraudulent transactions on your SMS DEEN Account directly resulting from:
      1. fraudulent, or grossly negligent acts committed from your account; or
      2. a breach of security of the SMS DEEN Platform where such transactions resulted from the misuse of your Password.
    8. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, SMS DEEN DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE.
    9. This clause 9 shall survive termination of the Agreement or closure of any SMS DEEN Account.

 

  1. INDEMNITY
    1. Subject to clause 9 above, except to the extent that it results from SMS DEEN’s gross negligence or wilful default or arises from any contravention or breach by SMS DEEN of any applicable law, you irrevocably and unconditionally agree to indemnify and keep SMS DEEN and its directors, officers, employees, and agents indemnified against any loss, claim, damage, cost, or expense or any other liability whatsoever (including, without limitation, legal fees on a full indemnity basis and all taxes and other duties payable in connection therewith) which may be suffered:
      1. in connection with any service provided to you under this Agreement;
      2. as a result of your failure to comply with its obligations under this Agreement;
      3. in the enforcement of this Agreement; or
      4. in connection with any instruction given by you, any transaction effected for you or any service provided to you, including any action properly taken by SMS DEEN or by its agents under this Agreement.
    2. The indemnity in this clause 10 shall continue notwithstanding the termination of this Agreement or closure of any SMS DEEN Account.
  2. TERM AND TERMINATION
    1. Subject to clause 11.6, this Agreement will remain in effect and will bind you and us until such time as your SMS DEEN Account is closed. We may, at our absolute discretion, close your SMS DEEN Account and terminate this Agreement by notice to you with immediate effect for any reason whatsoever, including any breach of this Agreement by you or if you become a bankrupt. You may close your SMS DEEN Account and terminate this Agreement by giving written notice to us if your SMS DEEN Account has a nil or zero balance.
    2. SMS DEEN reserves its right to immediately suspend or terminate your access to any or all of the SMS DEEN Services and/or deactivate or cancel your SMS DEEN Account if you are in default, including if
      1. SMS DEEN is required to do so by a valid subpoena, court order, or order from a regulatory authority, or otherwise required by law,
      2. your SMS DEEN Account is being misused or SMS DEEN suspects that it is being used in furtherance of illegal activity (with or without actual knowledge of the same),
      3. you take any action to circumvent SMS DEEN’s controls, including, but not limited to, opening multiple SMS DEEN Accounts or abusing promotions which SMS DEEN may offer from time to time, or
      4. if you are in breach of this Agreement.
    1. You will be permitted to transfer the balance in your SMS DEEN Account after ninety (90) days have elapsed following SMS DEEN Account deactivation or cancellation unless such transfer is prohibited by a valid subpoena, court order, order from a regulatory authority, or otherwise prohibited by law. You are responsible for arranging the transfer by way of physical withdrawal of gold or movement of funds to a bank account after your SMS DEEN Account deactivation or cancellation.
    2. You will not be charged for cancelling your account and will only be required to pay for those SMS DEEN Services used that are subject to charges. If any transaction is in a pending state at the time your account is cancelled or suspended, such transaction may be cancelled and/or refunded as appropriate. You may not cancel your account to evade an investigation or avoid paying any amounts otherwise due to SMS DEEN.
    3. Upon suspension or cancellation of your account, you authorize SMS DEEN to cancel or suspend pending transactions and hold the funds associated with such transactions until SMS DEEN is certain that funding reversal windows are complete. In the event that SMS DEEN closes your account or terminates your access to the SMS DEEN Services, or deactivates or cancels your account, you will remain liable for all amounts due hereunder.
    4. Any accrued rights, remedies, obligations and liabilities of the parties as at termination shall not be affected, including the right to claim damages in respect of any breach of the Agreement which existed at or before the date of termination. Any clauses of this Agreement which expressly or by implication have effect after termination shall continue in full force and effect.
    5. In the event that a technical problem causes system outage or account errors, SMS DEEN may temporarily suspend access to your SMS DEEN Account until the problem is resolved.
  1. DEATH OR INCAPACITY
    1. If you die or otherwise become incapacitated, and evidence of such is produced to us by your legal personal representative(s), which we deem to be sufficient in our absolute discretion, you authorize us to sell the gold in your SMS DEEN Account at the prevailing market price and release the funds (after deducting all applicable fees and charges) to your legal personal representative. In such an event, your legal personal representative shall be the only person(s) recognised by SMS DEEN as having any title or legal rights to your SMS DEEN account.
    2. Nothing in this Agreement shall release the estate of a deceased Customer from any liability in respect of the SMS DEEN Account.
  2. TAX
    1. You are responsible for paying all local taxes and tariffs that are or may be applicable to purchases, conversion, sale or custody of gold, and any associated charges.
  3. INTELLECTUAL PROPERTY AND CONFIDENTIALITY
    1. You acknowledge that any and all of the intellectual property rights including, without limitation, the SMS DEEN trademark, any other trademarks, trade names, copyright and other rights used or embodied within the SMS DEEN Platform are and will remain SMS DEEN’s sole property.
    2. All information and material which we supply to you, excluding your account balances and other information specific to your account, constitutes part of our confidential and proprietary information except for any such information or material in the public domain through no fault of yours. You may not reproduce, copy, or disclose such confidential and proprietary information without our prior written consent.
    3. You warrant that you will not, nor will you attempt to, tamper with, modify, reverse engineer, gain unauthorised access to, or in any way alter any of our software or the SMS DEEN Platform. You understand that we may close your account immediately, and may take legal action against you if you breach, or we reasonably suspect that you may have breached, this warranty.
  4. MISCELLANEOUS
    1. Assignment
      1. SMS DEEN may at any time assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights under this Agreement and may subcontract or delegate in any manner any or all of its obligations under this Agreement to any third party or agent.
      2. You shall not, without the prior written consent of SMS DEEN, assign, transfer, charge, subcontract, or deal in any other manner with all or any of its rights or obligations under this Agreement.
    1. Right of set-off
      1. You shall be under an obligation to pay all amounts due under this Agreement in full without any deduction or withholding except as required by law and you shall not be entitled to assert any credit, set-off, or counterclaim against SMS DEEN in order to justify withholding or disputing payment of any such amount in whole or in part.
      2. SMS DEEN may, without limiting its other rights or remedies, set-off any amount owing to it (or to any of its affiliates) by you against any amount payable by SMS DEEN to you.
    2. Currency
      1. Any and all monetary amounts displayed in the SMS DEEN Platform are in the local currency selected by you.
      2. Currency conversions are performed from time to time.
      3. SMS DEEN itself does not charge currency conversion fees and shall not be liable for any fees, charges, or conversion rates on international transactions which may be charged by credit card issuers, financial institutions, or banks.
    3. Entire agreement
      1. This Agreement constitutes the whole and only agreement between the parties relating to the subject matter of the Agreement. Each party to the Agreement acknowledges that, except in the case of fraud, in entering into this Agreement, it is not relying on any pre-contractual statement which is not repeated in this Agreement.
      2. Except in the case of fraud by either party, no party shall have any right of action against the other party arising out of or in connection with any pre-contractual statement except to the extent that it is repeated in this Agreement.
      3. This Agreement applies to the exclusion of any other terms that you may seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
    4. Variation
      1. Except as set out in this Agreement, any variation, including the introduction of any additional terms and conditions, to the Agreement, shall only be binding when agreed in writing and signed by an authorised signatory of SMS DEEN.
      2. We shall have the right, by notice in writing to you, to add to, alter, vary, supplement, or modify all or any parts of the Agreement at any time as we may consider necessary or desirable in order to reflect changes in the law, to meet regulatory requirements or to reflect new industry guidance and codes of practice or changes to our notices, policies and operating procedures.
      3. We may vary or amend the terms or provisions of this Agreement (including those relating to fees), by giving you written notice of any variation or amendment, which notice, if posted to your SMS DEEN Account or email address, shall be deemed to have been received by you on the day it was posted.
      4. You shall be deemed to have agreed to any variation or amendment of the terms or provisions of this Agreement if you continue to use our services after the date specified in the notice as the effective date of such variation or amendment. If you do not wish to be bound by any variation or amendment notified to you in accordance with this clause 17.5, you may terminate this Agreement in accordance with clause 13.1 and must notify us in writing without delay and, in relation to variation or amendment under clause 17.5(c), before the expiry of the notice period.
    5. Severability
      In the event any provision (or part of any provision) of this Agreement shall for any reason be held by a court or any other competent authority to be invalid, illegal, or unenforceable, that provision, to the extent required, shall be deemed deleted and the remaining provisions shall remain valid and enforceable.
    6. Rights of third parties
      A person who is not a party to this Agreement shall not have any rights under or in connection with it.
    7. No agency or partnership
      Except as otherwise expressly provided for in this Agreement, nothing in this Agreement is intended to, or shall be deemed to, constitute a trust, partnership or joint venture of any kind between any of the parties, nor constitute any party a fiduciary or agent of another party for any purpose. No party shall have authority to act as agent for, or to bind, the other party in any way.
    8. Notices
      1. Any notice or other communication required to be given to a party under or in connection with this Agreement shall be in writing and shall be sent to the other party, such notice shall be deemed to have been duly received on the same day as it is sent.
      2. This clause 17.9 shall not apply to the service of any proceedings or other documents in any legal action, which documents must be sent to SMS DEEN’s registered address, as published on the SMS DEEN Website from time to time.
    9. No waiver
      1. A waiver of any right under this Agreement is only effective if it is in writing and shall not be deemed to be a waiver of any subsequent breach or default. No failure or delay by a party in exercising any right or remedy under the Agreement or by law shall constitute a waiver of that or any other right or remedy, nor preclude or restrict its further exercise. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.
      2. Unless specifically provided otherwise, rights arising under the Agreement are cumulative and do not exclude rights provided by law.
    10. Governing law
      1. This Agreement is governed by the laws of Malaysia applicable therein. In the event of a dispute but subject to clause 17.11(b) below, you agree that the courts of Malaysia will be competent to hear such dispute, and you agree to be bound by any judgment of that court.
      2. Any dispute, controversy or claim arising out of or relating to this Agreement, or the breach, termination or invalidity thereof, shall be decided by arbitration in accordance with the Rules for Arbitration of the Asian International Arbitration Centre. The number of arbitrators shall be three. The place of arbitration shall be Kuala Lumpur. The language used in the arbitration proceedings shall be English. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.
    11. Void where prohibited
      Although the SMS DEEN Platform is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the SMS DEEN Platform are available to all persons or in all geographic locations, or appropriate or available for use outside of Malaysia. SMS DEEN reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the SMS DEEN Platform is void where prohibited. If you choose to access the SMS DEEN Platform from outside Malaysia, you do so on your own initiative and you are solely responsible for complying with applicable local laws. SMS DEEN is not responsible or liable for any legal action, loss or damage arising from or in connection with any illegality or breach of law arising from you accessing or initiating a transaction on the SMS DEEN Platform outside Malaysia.
    12. Language
      The parties to this Agreement have requested that this Agreement and any related document be written in English.
      Notwithstanding any other provision of this Agreement, any translation of this Agreement is provided solely for your convenience. The meanings of terms, conditions and representations herein are subject to definitions and interpretations in the English language. Any translation provided may not accurately represent the information in the original language of English.
    13. Stamp Duty
      The stamp duty for this Agreement shall be borne by the Customer.

 

C. Subject to Availability

As per our online service platforms, they are programmed to be automated with self-invoicing technology. However, our automation technologies will have limitation due to but not limited to the physical world limitation such that the stock or items agreed in the automated invoice might not be available or with subject to price changes. As such, SMS DEEN will have the rights to cancel orders based on subject to availability of an item in the online services as and when it is suitable, with a reasonable justification clause pertaining to the market industry.

D. System Limitation

In the case of market distortion, volatile market, systems (including third party systems upon which SMS DEEN is reliant) being hacked and/or market disruption, SMS DEEN reserves the right to cancel an order if the metal quotes received from SMS DEEN's data source, when the order was placed, is found to be incorrect. SMS DEEN will notify you once the order is canceled via email immediately due to the incorrect data and/or system error.

E. Copyright/Trademarks

We reserve the rights on all the pictures, writings and other means of media contents of the Online Service website, www.smsdeenjewels.com.my. Using content of this website for any non-personal, commercial and profitable means of use will be penalized to heavy lawsuit under the governing laws of Malaysia.

The SMS Deen Jewellers Sdn Bhd logo is fully owned by SMS Deen Jewellers Sdn Bhd with the trademark clause and misuses of the logo in any other third-party websites will be fined and penalized to heavy lawsuit under the governing laws of Malaysia.

F. Termination

We may terminate or suspend access to our Online Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. Create your own Terms of Service

G. Links to Third-party Web Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by SMS Deen Jewellers Sdn Bhd.

SMS Deen Jewellers Sdn Bhd has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that SMS Deen Jewellers Sdn Bhd shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

H. Governing Law

These Terms shall be governed and construed in accordance with the laws of Malaysia, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Online Service, and supersede and replace any prior agreements we might have between us regarding the Online Service.

I. Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. Once this Terms been revised, the notice prior to any new terms taking effect is immediate without further delays from publication. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the newly effecting revised terms. If you do not agree to the new revised terms, you may immediately stop using our Online Service.