1.1. The following terms shall have the meanings indicated below:
Affiliate: shall mean, with respect to a particular Person, any entity that directly or indirectly controls, is controlled by, or is under common control with such person.
Customer: shall mean any individual who, as an end-user and not a trader, transacts using the Platform for buying Gold, taking delivery of Gold, and/or selling back, if applicable the Gold to the Merchant as outlined in these Terms.
Customer Gold: shall mean the purchased Gold by the Customer through the Platform, whether it is stored with the Vault Keeper, or delivered to the Customer upon his request.
Customer Request: shall mean a purchase order, delivery request, storage request, or exchange request placed by the Customer in relation to the Gold/Customer Gold.
Force Majeure Event” shall mean any event that is beyond the reasonable control of MNGM and/or the Merchant and shall include, without limitation, sabotage, fire, flood, explosion, pandemics, act of God, civil commotion, strikes, lockouts or industrial action of any kind, riots, insurrection, war, acts of government, computer hacking, civil disturbances, unauthorized access to computer data and storage device, computer crashes, virus attacks, breach of security and encryption, and any other similar events not within the control of MNGM and/or the Merchant and which MNGM and/or the Merchant is not able to overcome.
Fractional Gold: shall mean the fractional units of gold bullion of 24 karat gold of minimum 99.5% purity whereby the bullions offered by the Merchant are allocated to a Customer or a specific pool thereof.
Gold: shall mean gold bullion of 24 karat gold of minimum 99.5% purity (referred to separately as “Bullions”), or Fractional Gold, offered to the Customer by the Merchant.
Gold Profile: shall mean the profile created on the Platform for the purposes of purchase and sale, if applicable, of Gold over the Platform from, and to, the Merchant by the Customer.
Gold Profile Information: shall mean the information provided by the Customer for the purpose of creation of the Gold Profile.
Know Your Customer “KYC”: shall mean the process of verifying Customer’s identity prior to implementing the Customer Request wherein Customer is obliged to fill in forms and provide MNGM and/or Merchant with information and supporting documents as may be requested from time to time.
Merchant: shall mean a precious metals trading and services company offering selling and buying, if applicable Gold sourced from certified ®LBMA Swiss refineries as well as local compliant gold, hallmarked by the Egyptian Hallmarking Authority.
MNGM/Platform Provider: shall mean EIH Consulting, a joint stock company organized under the laws of Egypt, whose commercial register no. is 159440, having its registered address at 55 Mohamed Mazhar St., Zamalek, Cairo, Egypt, can be contacted on +202 27368693, and who is responsible for providing the Platform through which the Merchant will be able to provide the Services to the Customer.
Person: shall mean an individual, a company, a joint venture, a fund, a trust, an unincorporated organization and any other legal entity.
Platform: shall mean, and include, the website and the related mobile site and mobile application, that the Customer accesses for the transactions, including all contents, services and technology offered through the Platform.
Sale Request: shall mean a sale order placed by the Customer to sell Customer Gold to the Merchant through the Platform.
Service Providers: shall mean any and all Persons appointed by the Merchant in accordance with Clause 15.3 of these Terms upon placement of a Customer Request (and successful payment of monies in lieu thereof) till the consummation of the Customer Request placed by the Customer.
Services: shall mean selling/buying, safe keeping/vaulting, delivery/fulfilment of Gold and other related services provided by the Merchant or Service Providers to the Customers, in accordance with these Terms.
In addition to the terms defined above, additional terms used below shall have the respective meanings assigned to them.
A) TERMS OF PLATFORM USE:
2. CREATION OF GOLD PROFILE AND REGISTRATION OBLIGATIONS
2.1. Before availing the Services, the Customer shall complete the registration process as may be prescribed from time to time. The Customer shall follow the instructions given on the Platform for opening a Gold Profile. MNGM shall be entitled to collect and store relevant information and documents provided by the Customer to the Platform as per its internal policy or the prevalent statutory requirement. MNGM shall also be entitled, and Customer so accepts, to share such information and documents with the Merchant who may share such information with the Service Providers to enable them to deliver the Services.
2.2. MNGM reserves the right to terminate any Gold Profile, with or without notice to the Customer, in the event any information or other relevant documents/information, including that pertaining to KYC, are found to be incorrect or authenticity of the documents / information is found to be doubtful. In this case, clause 17 of these Terms will apply. The Customer hereby undertakes to indemnify and keep indemnified MNGM against any and all losses, claims, liabilities, costs, etc. which arise out of or relating to the failure to identify the Customer and validate Customer’s profile promptly and/or due to any incorrect documents/information.
2.3. Customer’s Obligations
2.3.1. The Customer will be responsible for maintaining the confidentiality of the Gold Profile Information, and shall be fully responsible for all activities that occur under the Gold Profile. The Customer agrees to immediately notify MNGM of any unauthorized use of the Gold Profile Information or any other breach of security. MNGM cannot and will not be liable for any loss or damage arising from failure to comply with this clause. The Customer may be held liable for losses incurred by MNGM or any user or visitor of the Platform due to authorized or unauthorized use of the Gold Profile, as a result of Customer failure in keeping the Gold Profile Information confidential.
2.3.2. The Customer shall ensure that the Gold Profile Information provided by him/her in the registration form is complete, accurate and up-to-date. Use of another Customer’s Profile Information for availing of any of the Services and/or for use of the Platform is expressly prohibited.
2.3.3. As and when required by MNGM pursuant to any requirement under law, internal policies, or as required by the Merchant, the Customer will be required to provide additional information and/or documents for fulfilling the requirements (including KYC, where applicable). The Customer authorizes MNGM to make such enquiries as may be necessary to satisfy the validity of the Customer’s identity. The Customer shall be responsible for the correctness of information provided to MNGM from time to time. If the Customer have reasons to believe that there is an error in the information furnished by him/her, the Customer shall immediately provide correct/updated information. The Customer agrees that if the Customer provides any information/documentation (including for the purposes of KYC) that is untrue, inaccurate, not current or incomplete, (or becomes untrue, inaccurate, not current or incomplete) or if MNGM has reasonable grounds to suspect that such information/documentation is untrue, inaccurate, not current, incomplete, or not in accordance with these Terms, MNGM shall have the right to temporarily suspend the Customer’s access to the Gold Profile, until it receives the required information and other documentation in a form and manner satisfactory to MNGM. MNGM shall also have the right to indefinitely suspend, terminate, or block access to the Gold Profile on the Platform and refuse to provide the Customer with access to the Platform.
3. USE OF THE PLATFORM AND SERVICES
3.1. The Customer acknowledges that the Services provided through the Platform are for the personal use and agree not to publish the gold prices or descriptions of gold and/or any other information displayed on the Platform (in lieu of the Customer’s access to the Platform) on any other medium. The Customer shall not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Services.
3.2. Subject to these Terms, the Customer hereby consents and grants MNGM a non-exclusive, worldwide, royalty-free right to (a) collect, store and transmit Customer’s data, in each case solely to the extent necessary for providing the Services through the Platform to the Customer, and (b) share Customer’s data or interact with other people, to distribute and publicly perform and display Customer’s data as the Customer direct or enable through the Services. The Customer hereby provides his/her consent to MNGM to use and/or sharing of any data generated by him/her when purchasing/selling Gold or otherwise using the Platform for any Services related to the purchasing/selling of the Gold in such manner as the Platform Provider may stipulate in this regard. MNGM may also share Customer’s data with the Merchant, who, in turn, may share Customer’s data with the Vault Keeper as required to fulfil the latter’s obligations. Customer hereby understands and consents that MNGM and/or the Merchant may share customer data with the Service Providers inside or outside Egypt to be able to enable or provide the Services. The Customer’s data will continue to be governed by confidentiality obligations outlined in clause 19.
3.3. The Customer represents and warrants that: (i) the Customer’s data and its transfer to and use by MNGM, the Merchant and Service Providers as authorized by the Customer under these Terms do not violate any laws or rights of any third party, including without limitation any intellectual property rights, rights of privacy, or rights of publicity, and any use, collection and disclosure authorized herein is not inconsistent with the terms of any applicable privacy policies. Other than its security obligations under these Terms, MNGM assumes no responsibility or liability for the Customer’s data, and the Customer shall be solely responsible for his/her data and the consequences of using, disclosing, storing, or transmitting it.
3.5. The Customer may not use the Platform or avail of the Services if the Customer does not accept the Terms or are unable to be bound by the Terms. As a condition of Customer’s access to and use of the Platform or the provision of any Services to the Customer using the Platform, the Customer agrees that he/she will comply with all applicable laws and regulations when using the Platform. If MNGM is of the opinion that the Gold Profile is being used by the Customer for any unlawful purpose, MNGM shall have the right to take all actions available to it, including black-listing or blocking the Customer from using the Services through the Platform or intimating the relevant authorities of such unlawful activities.
3.6. MNGM shall not be held liable for any loss of data, technical or otherwise, information, or for particulars supplied by the Customer, due to the reasons beyond its control like corruption of data or delay or failure to perform as a result of a Force Majeure Event.
3.7. Access to and the provision of the Services through the Platform may be interrupted, including for maintenance, repairs, upgrades, or network or equipment failures. MNGM strives to keep access to the Services through the Platform up and running; however, all online services suffer occasional disruptions and outages. MNGM is not liable for any disruption or loss that Customer may suffer as a result.
3.8. MNGM may discontinue some or all of the Platform services, including certain features and the support for certain devices and platforms, at any time for business or technological reasons.
4. MEMBER ELIGIBILITY
Use of the Platform and/or the Services is available only to Persons who can enter into legally binding contracts under the Egyptian laws. Persons who are "incompetent to contract" under the Egyptian laws including minors, un-discharged insolvents and persons of unsound mind are not eligible to use the Platform or the Services. Any person under the age of 21 shall not register on the Platform and shall not transact on or use the Platform in relation to or for any Services. MNGM reserves the right to terminate any Person’s membership and/or refuse to provide such Person with access to the Platform and/or any Services if it is brought to MNGM’s notice or if it is discovered that such Person is not eligible to use the Platform and/or any Service.
The Customer rights under the terms of Platform use are non-assignable without the prior written consent of MNGM.
6. SUSPENSION / CLOSURE OF GOLD PROFILE
6.1. MNGM may, at its discretion, suspend Gold Profile of Customers, if there appears to be a fraudulent or suspicious activity in the profile. If MNGM is of the opinion that the Customer is involved in any unlawful activity or the Gold Profile is used for any unlawful purpose, MNGM shall have the right to take all actions available to it, including black-listing or blocking the Customer from using the Services on its Platform or blocking Customer’s access to the Services through the Platform or intimating the relevant authorities of such unlawful activities.
6.2. The Customer shall inform immediately, in any case no later than 10 (ten) days of the creation of the Gold Profile, of any irregularities or discrepancies that may exist in his/her Gold Profile, failing which it shall be deemed that there is no error or discrepancy in the profile. All records maintained by MNGM, in electronic or documentary form of the instructions of the Customer and such other details (including, but not limited to payments made or received) pursuant to the Terms, shall as against the Customer, be deemed to be conclusive evidence of such instructions.
7. TERMINATION OF SERVICES
MNGM, in its sole discretion, may suspend or terminate access to all or any portion of the Platform or the Customer ability to access any Services through the Platform at any time for business or technological reasons.
8. ABSENCE OF RELATIONSHIP
8.1. MNGM is the Platform Provider. The involvement of MNGM is limited to providing access to the Customers on the Platform to the Gold made available by the Merchant. MNGM as the Platform Provider assumes no liability for the Services except for providing customer support in addressing the queries related to the Services and payment processing made in relation to them.
MNGM is not a seller/buyer nor an agent of the Merchant or the Customer and does not warrant the performance of the Merchant or the Service Providers of their obligations.
8.2. No relationship other than user-platform relationship, including, without limitation, any agent-principal relationship, any advisor-advisee relationship, any employee-employer relationship, any franchisee-franchisor relationship, any joint venture relationship or any partnership relationship, exists between the Customer and MNGM.
9.1. The Platform may allow the Customer to post reviews and experience of using the Platform ("Reviews") in order to improve the Platform and the user experience.
9.2. The Customer is responsible for the Reviews he/she uploads, posts, publishes, transmits or otherwise makes available on the Platform. The Customer represents that all such Reviews will be in accordance with applicable law. The Customer acknowledges that MNGM does not endorse any Reviews on the Platform and is not responsible or liable for any Reviews. The Customer understands that the Reviews do not fall within the scope of Confidential Information stated under Clause 19; however, the Customer reserves the right to disable access to the Reviews on the Platform.
9.3. The Customer hereby grants MNGM a perpetual, non-revocable, worldwide, royalty-free and sub-licensable right and license to use, copy, distribute, display, publish, transmit, make available, reproduce, modify, adapt the Reviews in any manner as deemed appropriate by MNGM in any form including but not limited to print, broadcast, online and across any and all websites and platforms owned by MNGM.
10. CONTENT AND INTELLECTUAL PROPERTY RIGHTS
10.1. MNGM solely and exclusively owns or duly licensed to use respective copyrights, trademarks, service marks, logos, trade names, and other intellectual and proprietary rights associated with the Services and displayed on/accessed on the Platform and is protected under Egyptian law.
10.2. Any infringement shall lead to appropriate legal proceedings against the Customer at appropriate forum for seeking all available remedies under applicable laws of the country.
11. LINKS TO/FROM THIRD-PARTIES' WEBSITES/APPLICATIONS
The Platform may contain links and interactive functionality interacting with the websites of third parties. MNGM will not be responsible for and or has any liability for the functionality, actions, inactions, privacy settings, privacy policies, terms, or content of any such websites. Before enabling any sharing functions to communicate with any such website or otherwise visiting any such website, MNGM strongly recommends that the Customer review and understand the terms and conditions, privacy policies, settings, and information-sharing functions of each such third-party website.
12. ELECTRONIC ORDER RISKS
12.1. The Customer understands and acknowledges that the Platform may contain errors or inaccuracies that could cause failures, corruption or loss of data and/or information from the Customer’s device and/or any device used by the Customer to connect to the Platform as well as from peripherals (including, without limitation, servers and computers) connected to any of the above-mentioned devices. The Customer assumes all risks and costs associated with the Customer’s use of the Services and the Platform, including without limitation, any costs incurred for the use of the Customer’s device and any damage to any equipment, software or data.
12.2. Commercial internet service providers are not 100% reliable and a failure by one or more of these providers may affect internet-based order entry. The Customer acknowledges that the order entry system is an electronic mechanical system and as such may be subject to failure beyond the control of MNGM. Therefore, MNGM shall not be responsible for errors, negligence, inability to execute orders, delays in transmission, delivery or execution of order due to breakdown or failure of transmission or communication facilities (including in any device used to connect to the Platform), or to any other cause beyond MNGM control or anticipation.
B) TERMS OF SALE:
13. PURCHASE OF GOLD
13.1. The Merchant will be selling Gold to the Customer through the Platform.
13.2. The Customer can buy Gold at the market linked prices of gold shown on the Platform. Market linked prices means that these quotes are linked to the prices of gold in the domestic and/or international commercial bullion market in Egypt (“Market Price”).
13.3. It is hereby clarified that such market linked prices of gold shall constitute an invitation to purchase gold at the said market prices to all Customers. Notwithstanding the foregoing, the Customer understands that these prices may vary multiple times within a day, and accordingly the Customer’s payment obligations for any order will depend on the market linked prices then prevailing.
13.4. Payment will be accepted through the payment options made available on the Platform, which may include redirection to a Payment Gateway hosted by other third party website or platform, including by the Merchant or MNGM. At the time of purchase Gold, the relevant taxes will be chargeable as applicable as per the enforceable regulations. It is hereby clarified that once a Customer Request is placed, the Customer is not entitled to cancel a Customer Request, provided however, that a Customer Request shall stand cancelled if the payment fails for any reason whatsoever.
13.5. The Merchant reserves the right to cancel a Customer Request, at its sole discretion, if the Customer’s information, provided prior to placing the Customer Request, is not accurate or complete and the Merchant is of the opinion that the Customer is not eligible to purchase Gold. The Gold Profile shall accordingly be amended.
13.6. The Merchant shall issue the Customer an electronic invoice confirming the Customer Request placed after placing such order, and upon receiving payments against the order, in a manner it may deem fit. Further, the Customer shall receive a confirmation for existence/receipt of the Gold in his/her Gold Profile. Such invoice and confirmation shall be sent to the e-mail address provided by the Customer which evidence the receipt of the Customer Gold by the Customer in his/her Gold Profile and hence, the Customer is not entitled to correct or amend a Customer Request.
13.7. Notwithstanding anything to the contrary contained in these Terms, the Merchant shall be entitled to accept or reject a Customer purchase order, at its sole discretion. Any rejection shall be based on reasonable and legitimate grounds.
13.8. In case of rejection of a Customer Request in accordance with these Terms, where payments have been received, such payments shall be returned to the Customer to the bank account linked to the Customer’s Gold Profile or the other payment method used by the Customer in the purchase transaction, subject to the terms and conditions indicated on the Platform.
14. SELL THE CUSTOMER GOLD
14.1. The Customer is provided an option, not an obligation, to sell the Customer Gold based on the sale prices on the Platform to the Merchant. Such option will be available for the Customer after 2 (two) business days from the date of Gold purchase. If the prices are found acceptable to the Customer, the Customer shall confirm the Sale Request, in a form and manner acceptable to the Merchant.
14.2. In the absence of a manifest technical error attributable to the banking systems, within a period of 2 (two) business days of the Sale Request being confirmed or such further period as may be required, the payment, pursuant to the Sale Request, shall be disbursed by the Merchant at the sale prices indicated at the time of placing such Sale Request. The Merchant shall arrange for such payments to be made to the Customer’s bank account or the other payment method used by the Customer in the purchase transaction, if possible (as the case may be), details of which are provided by the Customer. If there is any mistake in any relevant information provided by the Customer, the Merchant will not be held responsible for the same.
14.3. It is hereby clarified that the Merchant will provide this service on a best-efforts basis and only when the commercial bullion market is in operation. The Merchant does not in any way guarantee that this option will be available to the Customer at all times.
14.4. While reasonable efforts will be made to offer the Customer a competitive price for the Customer Gold, there is no guarantee that the price offered to the Customer will be close to or comparable with other prices available in the market.
14.5. For avoidance of doubt, the Customer may sell, at his/her sole discretion, the delivered purchased Bullions to any third party without prior notice to the Merchant. The Merchant shall not be held liable for such transaction.
14.6 If the Customer wishes to sell the Customer Gold Bullion kept in vaults to any third party, both the Customer and such third party must appear in-person at the Merchant or Vault Keeper’s premises posted on the Platform, as appropriate and complete the verification process of the transfer of ownership, which may include the provision of relevant information and/or documentation.
14.7 If the Customer wishes to sell Fractional Gold, the Customer may freely do so as set out under clause 14.1 of these Terms or buy additional Gold so that he/she owns at least one Bullion and sell it as set out under 14.5, if delivered, or 14.6. In all cases, the Customer irrevocably waives all rights, preemption or otherwise, related to purchasing Fractional Gold sold by another Customer, if applicable.
15. SERVICE PROVIDERS AND VAULT ARRANGEMENT
15.1. The Merchant will make delivery of Bullions either directly or through a Service Provider appointed in accordance with Clause 15.3 of these Terms.
15.2. The Merchant may also assist the Customer in providing the Services of vaulting of Gold in accordance with clauses (15.3 & 15.4) of these Terms. Except for Fractional Gold, the Customer may freely elect not to use the services of vaulting upon placing the purchase order and request delivery of Bullions directly in accordance with Clause 16 below.
15.3. Appointment of Service Providers
15.3.1. The Merchant may from time to time appoint Service Providers who shall provide the Services to the Customer. The Customer hereby consents to the Merchant’s discretion to appoint such Service Providers for and on the Customer behalf.
15.3.2. The Customer acknowledges and understands that these Service Providers have been appointed to ensure that Customer Requests are duly complied with in accordance with these Terms.
15.4. Vault of Gold
15.4.1. Fractional Gold purchased by the Customer corresponding to the Customer Request shall be stored with a keeper in a vault (“Vault Keeper”) on the Customer’s behalf, as this Fractional Gold is, by its very nature and intended purpose, non-separable and non-divisible part of the related gold bullion.
15.4.2. The Customer hereby authorizes the Merchant to appoint, on the former’s behalf, one or more Vault Keeper(s) to safe keep the Customer Gold. It is hereby clarified that the Customer purchase of the Gold corresponding to the Customer Request shall be deemed to be completed and title in relation thereto together with the risk of loss and damage shall be deemed to have been passed upon such relevant portion of the Customer Gold being stored in the vault with the Vault Keeper to the Customer.
The storage fee will be communicated to Customer either via email or posted on the Platform.
16. STORAGE, TRANSFER AND DELIVERY OF GOLD
16.1. Without prejudice to Clause 16.2 below, the Customer may request to take delivery of the Customer Gold. The delivery of the Customer Gold will be in return of the charges specified on the Platform. For the purposes of making delivery to the Customer, the Customer is required to provide a valid address and/or any other documents/information/ biometric identification that may be specified in this regard and posted on the Platform from time to time.
16.2. The Customer may not request the delivery of any Fractional Gold of the Customer Gold throughout the effectiveness of these Terms, as such amount of Fractional Gold is, by its very nature and intended purpose, non-separable and non-divisible part of the related gold bullion.
However, the Customer is eligible to exchange the owned Fractional Gold with a gold bullion equivalent to the Fractional Gold weight if the total weight of the Customer Fractional Gold reaches the weight of any of the Bullions displayed on the Platform. In such case, the delivery of the Bullion will be in accordance with the provisions of Clause 16.1.
17. TERMINATION OF SERVICES
Upon termination of Services provided to Customer for any reason whatsoever, the Merchant is hereby authorized by the Customer to deliver the Customer Bullions stored with the Vault Keeper to the Customer after deducting delivery fee and other applicable charges, and/or sell all of the Customer Fractional Gold in accordance with Market Price at the time of sale, and the cash resulting from such sale will be transferred directly to the Customer bank account or the other payment method used by the Customer in the purchase transaction after deducting all the charges relating to appointment of Service Providers (including but not limited to charges due and payable to Service Providers and any other out of pocket expenses, custody charges, minting and delivery charges).
C) MISCELLANEOUS TERMS:
18. FORCE MAJEURE
If performance under these Terms is prevented, restricted, delayed or interfered with by reason of labour disputes, strikes, acts of God, floods, lightning, severe weather, shortages of materials, rationing, inducement of any virus, trojan or other disruptive mechanisms, any event of hacking or illegal usage of the Platform, utility or communication failures, earthquakes, war, revolution, acts of terrorism, civil commotion, acts of public enemies, blockade, embargo or any law, order, proclamation, regulation, ordinance, demand or requirement having legal effect of any government or any judicial authority or representative of any such government, or failure of any device used to access the Platform, or any other act whatsoever, whether similar or dissimilar to those referred to in this section, which are beyond the reasonable control of MNGM and/or the Merchant and could not have been prevented by reasonable precautions then MNGM and/or the Merchant shall be discharged from such performance to the extent of and during the period of such force majeure event. Such non-performance by MNGM and/or the Merchant shall, in no manner whosoever, amount to a breach of its obligations under these Terms.
MNGM and the Merchant will keep all confidential information confidential, including the Customer personal information, and shall not disclose it to anyone except as required by law and to Service Providers to fulfil their obligations therewith, and shall ensure that such confidential information is protected with security measures and a degree of care that it would apply to its own confidential information. MNGM and the Merchant shall use all reasonable endeavors to ensure that its employees, directors, agents and contractors acknowledge and comply with the provisions of this clause as if such person was subject to these terms of confidentiality.
20. LIMITATION OF LIABILITY
20.1. The Customer hereby acknowledge that the Merchant and/or MNGM (including but not limited to its, directors, employees, agents and partners) shall not be held liable to the Customer for any consequential, incidental, and or loss of profit or revenues. The Merchant and/or MNGM shall also not be liable under any circumstances for damages arising out or related in any way to the Customer’s inability to access, or Customer’s difficulty in accessing the Platform to avail of any Services, any bugs, viruses, trojan horses, or the like, which may be transmitted to or through the Platform by any third party, any loss of Customer’s data, any claim relating to Customer’s data or content from the Services and/or Customer’s failure to keep the Gold Profile Information secure and confidential. The Customer further agrees that MNGM shall not be held responsible in any manner whatsoever for any and all acts or omissions of the Merchant, any Service Provider or any other third party whosoever including (but not limited to) any person whose device has been used by the Customer to access the Platform and/or any person appointed/nominated by MNGM for the purposes of accepting/collecting any payments from the Customer for the purchase of Gold. MNGM shall not be held responsible in any manner whatsoever for any and all acts of any Service Providers.
20.2. The Merchant and/or the MNGM do not guarantee any returns, on any transactions consummated vis-à-vis the Platform, to any person, either directly or indirectly. The Customer shall be solely responsible for undertaking appropriate and effective due diligence and related analysis before undertaking any transactions pursuant to these Terms. The Customer acknowledges that the Merchant and MNGM are not providing or offering any investment product or advice and do not offer any guarantee / assured returns. The Customer further acknowledges that value of Gold may vary/fluctuate depending on various factors and forces. The Customer represents and warrants to MNGM and the Merchant that he/she has sufficient experience and knowledge to make informed decisions to purchase/sell Gold. The Customer also acknowledges that he/she has not relied on any information made available either by the MNGM or the Merchant and that MNGM or the Merchant is not making any recommendation with respect to such purchase/sale-back, if applicable of Gold. The Customer further acknowledges and agrees that the Merchant and/or MNGM and its officers, directors, employees, agents and Affiliates will have no liability for the Customer’s purchase or selling decisions.
21. AMENDMENTS, ACCEPTANCE OF TERMS
The Merchant and/or MNGM reserve the right, to change, modify, add or remove portions of these Terms at any time. Such changes shall be posted on the Platform and shall be notified to the Customer prior to making such changes. Notwithstanding anything to the contrary, Customer shall be responsible for regularly reviewing the Terms, including amendments thereto as may be posted on the Platform and shall be deemed to have accepted the amended Terms by continuing the use of Platform.
22. GOVERNING LAW AND DISPUTE RESOLUTION
These Terms shall be governed by and interpreted and construed in accordance with the laws of Egypt.
Any dispute, controversy or claim arising out of or relating to these Terms, its interpretation, execution, the termination or invalidity thereof, shall be settled by arbitration in accordance with the Rules of Arbitration of the Cairo Regional Centre for International Commercial Arbitration (CRCICA). The number of arbitrators shall be one and the place of arbitration shall be Cairo. The language to be used in the arbitral proceedings shall be Arabic. The arbitral award rendered will be final, binding and conclusive and enforcement of the arbitral award in the Arab Republic of Egypt will be in accordance with the procedures set forth in the Arbitration Law No. 27 of 1994.