TERMS AND CONDITIONS FOR BUY-SELL DIGITAL GOLD
1. Acceptance of Terms:
By using the App Genius mobile application (the "App"), you agree to comply with and be bound by these Terms and Conditions. If you do not agree to these Terms and Conditions, please do not use the App.
2. Eligibility:
You must be at least 18 years old to use the App. By using the App, you represent and warrant that you are of legal age and have the capacity to enter into these Terms and Conditions.
3. Registration:
To use certain features of the App, you may be required to create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
4. Privacy Policy:
The usage of the App is also governed by our Privacy Policy, which can be found at [Link to Privacy Policy]. By using the App, you consent to the practices described in the Privacy Policy.
5. Applicable Shariah Contract
The respective Shariah contract for purchase of gold shall be as follows:
(a) Bai’ Al-Sarf refers to a contract of exchange of money with the same or different type. Money is a medium of exchange that shall be in the form of gold, currency notes or coins that have legal tender, or other forms accepted by Shariah. For this product, Bai' al-Sarf encompasses both the exchange of gold for paper money and vice versa, as well as the exchange of gold for gold.
(b) Wakalah refers to a contract where a party, as principal (muwakkil) authorizes another party as his agent (wakil) to perform a particular task on matters that may be delegated, with or without imposition of a fee.
(c) Aqad Is an Islamic Contract which states the Offer and Acceptance of Sale of gold & its terms, between the customer and App Genius. Customers need to carefully read the contract and agree with the Selling Price and other considerations before proceeding to conclude the transaction.
6. Use of the App:
a. The App allows you to buy, sell, redeem and transfer digital gold. You are solely responsible for your use of the App and agree to use it in accordance with all applicable laws and regulations.
b. You acknowledge that the prices of gold on the App may fluctuate, and you are solely responsible for any financial decisions made based on such information.
7. User Content:
a. You may be able to submit content, including text, images, and other materials, through the App. You retain ownership of any intellectual property rights in such content. By submitting content, you grant us a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, and sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content.
b. You agree not to submit any content that is illegal, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable.
8. Payment Policy:
a. The App may charge fees for certain services. The fees includes any applicable sales and service tax, value-added tax or similar tax which the Buyer/Seller shall be liable to pay in addition to the price of the Gold.
b. All payments are non-refundable unless otherwise stated in the App's refund policy.
9. Refund Policy
There are No Return of the digital gold purchased from the App. All Products sold to customers on the App are non-refundable.
The Buyer may apply for the return of the purchased digital gold only in the following circumstances:
i)The physical gold delivered is defective and/or damaged;
ii)The physical gold delivered is different from the description in the App.
The refund will be made to the account used by the Buyer during the initial payment.
All refund processes are expected to take place within 3 working days
10. Termination:
a. We reserve the right to suspend or terminate your account and access to the App at our sole discretion, with or without notice, for any reason, including, but not limited to, breach of these Terms and Conditions.
11. Disclaimer of Warranties:
a. The App is provided on an "as-is" and "as-available" basis. We make no warranties or representations, express or implied, regarding the accuracy, completeness, or suitability of the App for your intended use.
12. Limitation of Liability/ Force Majeure:
a. Where App Genius is unable to perform any obligation hereunder as a result of any event that is
beyond its control, including but not limited to war, strike, crime, act of God, acts of terrorism, or
any other circumstances that may cause delay or failure to perform such obligation,
App Genius shall be excused and shall not be liable for any damages as a result of, or in connection
with, such delay or such failure.
b. To the fullest extent permitted by applicable law, we shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses.
13. Contact Information:
For questions about these Terms and Conditions, please contact us at [Contact Email].
14. Packing and Delivery
We use Grab, Lala-Move and Easy-parcel for delivery. Delivery fee will be imposed onto the customer.
15. Defects
Unless otherwise stated and agreed in writing between the parties, we shall extend a warranty against defects in the goods for a period of 12 months from the date of delivery, and the we shall not be liable for any period thereafter.