Terms of use

Terms and Conditions

This End User License Agreement (this “Agreement”) is a legal agreement between you, (the “User”), and Gold Kinen Technologies Ltd. with its registered address at Plot 84, Level 6, Road 11, Block D, Banani. (“Company” or “Gold Kinen” as used interchangeably) in relation to your use of the Gold Kinen mobile application (“Gold Kinen App”), or any part thereof, or anything associated with it, including its contents and any products, i.e., 22 Karat gold (“Product”) or services (i.e., (i) Buy Gold, (ii) Refund Gold (“Sell Gold”), (iii) Collect Gold, and (iv) Gift Gold) provided through the Gold Kinen App, as more elaborately provided in the Schedule A of this Agreement (“Services”)

By clicking the “Accept” / “I Agree” button at the end of this Agreement, you acknowledge that you have read, fully understand, agree to, and will be bound by this Agreement and the terms and conditions (“Terms of Service” or “Terms” as used interchangeably) as stipulated hereunder:

1. LICENSE AND GENERAL USE RESTRICTIONS

You must be at least 18 (Eighteen) years of age and a resident of Bangladesh to use the Gold Kinen App.
The Company hereby grants to you a limited, nonexclusive, non-transferable, revocable, free of charge license to use the Gold Kinen App for your personal, non-commercial use on any user device running a mobile platform that you own or control in accordance with these Terms of Service (Mobile Device); provided that you shall not copy, reproduce, issue, make available to the public, or distribute copies of the Gold Kinen App. For clarity, the license does not include any right to copy, reproduce, issue, make available to the public, or distribute copies of the Gold Kinen App, to use the Gold Kinen App for the benefit of any third party or to monetize use of the Gold Kinen App. Services shall be accessible through the Gold Kinen App only with a Gold Kinen App user ID and PIN.
Without limiting the generality of the foregoing, any access to the Gold Kinen App or the services accessible through the Gold Kinen App by automated inquiry devices, robots, or repetitive data gathering and extraction tools, routines, scripts, or other mechanisms with similar functionality is expressly prohibited. You hereby agree not to associate, input or upload to or through any Gold Kinen App any virus, Trojan horse, worm, time bomb or other computer programming routines (i) that is intended to damage, interfere with, intercept, or expropriate the Gold Kinen App or any Gold Kinen system or technology or (ii) that infringe the intellectual property rights of another.
You must comply with all applicable third-party terms of agreement and all other applicable laws of Bangladesh when using the Gold Kinen App. Your use of the Gold Kinen App must not violate the terms of User's wireless data services agreement for the applicable Mobile Device or any other laws of Bangladesh.
In the event of your breach of these Terms we will be entitled to terminate the User License immediately and claim compensation as applicable at the Company's sole discretion.

2. MOBILE PLATFORMS

The Gold Kinen App shall only be used on a permitted mobile platform ('Mobile Platform'). The approved Mobile Platforms are Apple Inc.'s ('Apple') iOS and Google Inc.'s ('Google') Android.
If you use the Gold Kinen App on a Mobile Device running iOS, then the following terms and conditions apply. You shall only use the Gold Kinen App on your Mobile Device as such Mobile Device is permitted to be used by the Usage Rules set forth in the Apple App Store Terms of Service. The Company, not Apple, is solely responsible for the Gold Kinen App and any information or content received through the Gold Kinen App or the services accessible through the Gold Kinen App.
If you use the Gold Kinen App on a Mobile Device running Android, then the following terms and conditions apply. If you use the Gold Kinen App on a Mobile Device running Android, each User hereby acknowledges and agrees that (i) the Gold Kinen App relies in part on functionality provided by Google (the Google Functionality), (ii) any information provided by such User via the Gold Kinen App may be shared with Google in connection with such User's use of the Google Functionality and (iii) all such information shall be handled by Google in accordance with the then-current Google Privacy Policy (currently available at http://www.google.com/privacy.html), as may be amended by Google from time to time).
Notwithstanding anything contained herein, depending on the version of the Gold Kinen App you have downloaded, these Terms of Service incorporate iOS or Google Android's or any other third store platform terms and conditions and privacy policies (Platform Terms). If there is any conflict between these Terms of Service and the Platform Terms, then these Terms of Service shall prevail.

3. CHANGES TO ACCESSIBLE SERVICES; SUSPENSION AND TERMINATION OF RIGHTS

The Company may, at any time, change, update, modify, or terminate any service (including but not limited to gold buying, refunding, gifting, collecting tracking or shipping) that may be accessed through the Gold Kinen App including, without limitation, to improve a service or its functionality; add or remove access to a service; improve ease of use for you or the Company; correct an error or bug; prevent or discontinue harmful or improper access to services; prevent or discontinue unauthorized use of services; comply with a platform provider or government request; or comply with a statute or judicial order.
The Company reserves the right to vary and/or alter any of these Terms of Service at any time without notice and without assigning any reason thereof and
accordingly the revised version shall apply. If you continue to use Gold Kinen App, you shall be deemed to have accepted such variations.

4. INTELLECTUAL PROPERTY

You acknowledge that Gold Kinen and its licensors own all rights, title, and interest in and to the Gold Kinen App and that the Company solely owns all right, title and interest in and to all content available via the Gold Kinen App, including, without limitation, all Intellectual Property Rights. “ Intellectual Property Rights” means (i) all patents, patent applications, blueprints, algorithms, source code, architecture, and certificates of invention, and all continuations, continuations in part, extensions, renewals, divisions, re-issues and re-examinations relating thereto; (ii) all moral rights and copyrights in any work of authorship or other work recognized by foreign or domestic law, by statute or at common law or otherwise, including all copyright registrations and applications therefor, together with any renewal or extension thereof and all rights deriving therefrom; (iii) all, whether registered or unregistered, trademarks, logos, graphics, service marks, trade names and trade dress, and all goodwill relating thereto; (iv) all rights in all trade secrets, know-how including technical know-how, and confidential information; and (v) other intellectual property rights protectable under any laws or international conventions throughout the world. You agree to not remove, obscure, or alter any copyright, trademark, or other proprietary rights notice affixed to, contained within, or accessed in conjunction with or through the Gold Kinen App. You further agree not to modify, adapt, translate, prepare derivative works from, transmit, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any portion of the Gold Kinen App.

5. TRACKING

The Gold Kinen App accesses a data service that will allow you to track shipments. The Gold Kinen App tracking systems or the duly authorized third-party tracking system (the 'Tracking Systems') and tracking information obtained through the Gold Kinen App (the 'Information') are the private property of the Company. The Company authorizes each User to use the Tracking Systems solely to track shipments tendered by or for such User and for no other purpose. Without limitation, Users are not authorized to make the Information available on or via any website or application or otherwise reproduce, distribute, copy, store, use or sell the Information for commercial gain without the express written consent of Gold Kinen App. This is a personal service, thus a User's right to use the Tracking Systems or Information is non-assignable. Any access or use of the Tracking Systems or the functionality provided in the Gold Kinen App to access the Tracking Systems that is inconsistent with this clause is unauthorized and strictly prohibited. (Third party vendor) applicable if Gold Kinen has own tracking system

6. SETTING UP A GOLD KINEN APP ACCOUNT

To use the Services, you are required to set up an account on the Gold Kinen App. When you set up an account, you will be required to enter, inter alia, your name, email address, PIN, and other identity information related documents, including but not limited to, (i) a copy of your national identity card or passport clearly reflecting the full name, date of birth, and contact information, (ii) bank account details (e.g., bank name, account number, etc.), (iii) credit card information. You may not transfer or share your PIN or account (collectively, the “Account Information”) with anyone.
You are responsible for maintaining the confidentiality of your Account Information and for all activities that occur thereunder. You agree to immediately notify the Company upon becoming aware of any unauthorized use of your Account or the Account Information. The Company reserves the right to take any and all action, as it deems necessary, regarding the security of our Services and your Account Information, including the right to refuse and/or cancel your account. Under no circumstances shall the Company be held liable to you for any liabilities or damages resulting from or arising out of your use of our Services, your use of the Account Information, or your release of the Account Information to a third party. You shall wholly and at all times keep and hold the Company indemnified from any and all disputes, lawsuits, damages, penalties, fines and sanctions arising out of the misuse of your Account or your Account Information.
By clicking the “Accept”/“I agree” button you expressly provide your consent to the Company to collect, store and use all the Account Information in order to provide you with all the Services by the Gold Kinen App and in accordance with this Agreement.

7. USAGE DATA

The Company shall measure use of various features available through the Gold Kinen App. The Company shares the foregoing data/information with its affiliates and third-party service providers. The Company, its affiliates, and third-party service providers use this data consistent with the applicable data protection laws of Bangladesh and the Company’s privacy policy. In particular, the Company, its affiliates and third-party service providers use this data to conduct market analysis and improve the Gold Kinen App and services available through the Gold Kinen App and to enhance the services Gold Kinen makes available to Users. Therefore, by clicking the “Accept”/“I Agree” button at the end of the Agreement and by using the Gold Kinen App, you expressly and unequivocally provide your consent to the Company’s measurement, collection, processing, transfer, storage, disclosure, and use of your usage data, in each case in accordance with this clause.
If the User does not wish to have its usage data measured by the Company, the User should not install the Gold Kinen App on their Mobile Device, and if the User no longer wishes to have their usage data measured after the User has installed the Gold Kinen App, User must uninstall the Gold Kinen App from their Mobile Device and clear all cache memory and cookies.

8. INFORMATION RECEIVED BY THE COMPANY

All information provided to the Company through the Gold Kinen App or measured by the Company pursuant to Clauses 6 and 7 above, the Account Information and the Usage Data, provided to the Company, shall be handled by the Company in accordance with the applicable data protection laws of Bangladesh and the Company's privacy policy. By clicking the 'Accept' / 'I agree' button below or using the Gold Kinen App, you agree to be bound by the applicable data protection laws of Bangladesh and the Company's privacy policy. If you delete the Gold Kinen App from your Mobile Device or this Agreement is otherwise terminated, Gold Kinen App may continue to use any information you have previously provided to the Company through the Gold Kinen App or previously measured by the Company pursuant to the said Clauses 6 and 7 above, in each case in accordance with the provisions of this paragraph and the applicable data protection laws of Bangladesh and any subsequent privacy policy that the Company may implement.

9. ACCEPTABLE USE

Use of the Gold Kinen App and the Services requires that you comply with acceptable use requirements as determined by the Company. As part of your responsibilities, you agree that you will not: (a) use the Gold Kinen App and/or the Services in any unlawful manner; (b) use the Gold Kinen App and/or the Services in any manner that is harmful, hateful, harassing, abusive, or otherwise offensive to any other person or entity; (c) interfere with or inhibit any other user from using or enjoying the Gold Kinen App and/or the Services; (d) use the Gold Kinen App and/or the Services as a means to distribute unsolicited or unauthorized communications, advertisements or spam; (e) collect or use any data or Gold Kinen App content that violates any third-party rights; (f) create a false identity, impersonate another person or entity, or otherwise misrepresent yourself; (g) breach or otherwise circumvent any security measures incorporated into the Gold Kinen App; or (h) use the Gold Kinen App and/or the Services in any manner that is considered unacceptable by the Company or is in violation of the laws of Bangladesh.

10. SUPPORT AND MAINTENANCE

Gold Kinen App is not, and you acknowledge the Mobile Platform provider (e.g., Apple, Google) is not, obligated to provide any support or maintenance services to you related to the Gold Kinen App. Any complaints related to the Gold Kinen App can be addressed in accordance with Clause 22 below.

11. TERM AND TERMINATION

This Agreement and the Terms of Service herein shall become effective upon your acceptance hereof by click-through below and shall remain in full force and effect thereafter until terminated as provided herein (the 'Term'). You may terminate this Agreement for convenience at any time by deleting the Gold Kinen App from all Mobile Devices that you own or control. The Company may, in its sole discretion and without prior notice, discontinue the provision of the Gold Kinen App or any of the Services at any time due to loss of regulatory approvals, breach by the user or for any other reason whatsoever.
Upon the termination, for any reason whatsoever all licenses granted hereunder shall immediately terminate and the affected User shall immediately cease and desist from all access to and use of the Gold Kinen App. The terms set forth in the following paragraphs of this Agreement shall survive the termination of this Agreement for any reason: 'INTELLECTUAL PROPERTY'; 'TRACKING'; 'INFORMATION RECEIVED BY GOLD KINEN'; 'WARRANTY/DISCLAIMER OF WARRANTIES'; 'LIMITATION OF LIABILITY'; 'GOVERNING LAW AND DISPUTE RESOLUTION' and 'ENFORCEABILITY'
Notwithstanding anything contained herein, you understand and agree that following termination under this paragraph, the Company may retain your information in accordance with applicable laws and professional standards. You agree that the Company will not, in any way whatsoever, be held liable to you or any third party for any termination of your access to the Gold Kinen App and/or the Services or

12. PURCHASING THE PRODUCT(S)

The User can purchase the Product(s) directly from the Gold Kinen App by availing the “Buy Gold” Service. Upon successful purchase of the Product(s), the total amount of Product(s) owned by the User will be reflected in the User’s Gold Kinen App interface.
During the purchase of the Product, the User will have the option to either buy the minimum quantity of Product(s), i.e., BDT 500 worth gold (“Minimum Amount of Gold” for purchase) or 0.5g of gold (the “Minimum Amount of Gold” for collection) or any other amount of the Product(s) as it wishes, within the scope of transaction limits set by Gold Kinen
Since the Company procures the Product(s) from its vendors, upon receiving the purchase order from the User, the Company shall book the ordered quantity of Product(s) for the User at the day’s market rate during the placement of the purchase (i.e., Buy Gold) order.
As it is impossible to physically deliver any purchased Product(s) which is less than the Minimum Amount of Gold, unless the User has the requisite Minimum amount of Gold available in its Gold Kinen App account as per the Company policy, it cannot avail the “Collect Gold” Service to have physical possession of the Product. Notwithstanding the foregoing, even without physical possession of the purchased Product(s), the User shall be deemed to be the lawful owner of the amount of Product(s) purchased through the Gold Kinen App instantly upon purchase of the Product(s). The User shall have access to its purchased Product(s) through the app, i.e., (i) the option to monitor the total amount of Product(s) currently owned by the User, (ii) the option to refund the Product(s) through the “Refund Gold/Sell Gold” Service, (iii) the option to Gift the Product(s) to any other Gold Kinen App user through the “Gift Gold” Service of the Company.
Once the User has accumulated the requisite Minimum Amount of Gold in its Gold Kinen App account, it can then avail the “Collect Gold” Service and thereafter the Product(s) will be delivered to the User in accordance with Schedule C of this Agreement upon requesting for the same through the Gold Kinen App.
The said Minimum Amount of Gold will be notified to the Users by the Company from time to time through its in-app notification services.
The Company reserves the right and has the sole discretion as and when, and how to procure the Product(s), so long as it delivers the ordered Product(s) to the User in accordance with the terms and conditions of this Agreement, and within the estimated delivery timeline and manner as provided in Schedule C.
The User understands, agrees, acknowledges and provides its express consent that the purchased Product shall be considered as delivered at instance of the successful purchase transaction, and visibility at the Gold Kinen App interface. The User further acknowledges that the physical delivery of the Product will be executed upon User’s request through the “Collect Gold” Service, upon achieving the “Minimum Gold Amount” in accordance with Clauses 12(2) and 12(4) above, and as per the Company policy. In regard to using “Refund Gold/Sell Gold” service, in the app, the User understands, agrees, and acknowledges that the refund maybe disbursed to user in the form of cash or gold or a combination of cash and gold, as deemed by the company.

13. PRICE AND PAYMENT TERMS

The price of the Product(s) will be at the daily official market rate of gold as denoted in the Gold Kinen App in accordance with the guidelines provided by the Government of Bangladesh and the Bangladesh Jewelry Association (BAJUS) or any other relevant organization that is recognized by the Government of Bangladesh
The Company allows payment with almost all Bangladesh Bank authorized Mobile Banking Wallets, Bank Transfers and, Debit Cards and Credit Cards. The transactions will be executed in accordance with the Schedule B of this Agreement.
All information related to your card/bank account will be exclusively dealt with by the third-party payment processors including mobile financing system (MFS) and Banks. The online and mobile transfer service is governed by the agreed terms and conditions between you and your bank/MFS/financial institution.
For any unsuccessful payment request, you must contact your card issuing bank, MFS or the concerned institution. For any other payment related queries, please also contact your bank. Please note that once you confirm your payment, you will not be able to cancel your order, nor will the Company be responsible for refunds of any payments made.
All payments shall be made in Bangladesh Taka (BDT). Fees for the Services are subject to change, and any changes will be communicated to you through the Gold Kinen App in-app message or in-app notification. It shall solely be your responsibility to remain updated in relation to the up-to-date rates.
You shall solely be responsible for all charges and applicable fees (including taxes and any fees assessed by your bank) associated with the Service(s). Your transaction will not be processed until such time the payment in respect of the said transaction has been duly received by the Company. In case of any error or technical issue, including an event of default in making the payment, the Company reserves the right to refuse or cancel any order. In such an event the Company will contact you with further instructions and/or may cancel your order and notify you of such cancellation. The Company reserves the right to refuse or cancel any such orders irrespective of the fact whether the order has been confirmed and your mobile app or your credit/debit card have been charged.

14. DELIVERY MECHANISM OF THE PRODUCT(S)

The delivery mechanism is scheduled with this Agreement below as Schedule C.

15. GRANTING POWER OF ATTORNEY AND CONSENT TO THE COMPANY

By clicking the 'Accept' / 'I agree' button, you are providing your express and unequivocal consent, and due authority to the Company and its officers, directors, managers, employees and representatives to purchase, store and manage the Product(s) on your behalf, in accordance with the policies of the Company. The tenure of this authority shall remain valid until the said Product(s) have been either collected by the User upon availing the 'Collect Gold' or redeemed by availing the 'Refund Gold' Service(s) through the Gold Kinen App.
The User further provides full and unequivocal authority to the Company to handle the Product(s) being delivered, including but not limited to appointing any third-party insurance providers and delivery vendors.
The Power of Attorney, however, shall not extend to the Company mortgaging or disposing of the purchased Product(s) in any manner which contradicts the terms and conditions of this Agreement and without the lawful consent of the User.
You expressly provide your consent to receive Short Messaging Services (SMS) messages (including text messages), WhatsApp messages (including text messages), calls and messages (including pre-recorded and artificial voice and auto-dialed) from the Company, its agents, representatives, affiliates or anyone calling on behalf of the Company at the specific number(s) You have provided to the Company or its affiliate partners, with information or questions about Your application and/or account. You represent that you are permitted to receive calls at each of the telephone numbers you have provided to the Company or its affiliate partners. You agree to promptly alert the Company whenever You stop
using a particular telephone number. Your cellular or mobile telephone provider will charge You according to the type of plan availed from such telecommunication provider.

16. SAFETY OF THE PRODUCT(S) IN SECURE VAULTS

The Product(s) purchased by You or digitally transferred to Your Gold Kinen App account above the quantity of 0.1g (Zero point One), subsequent to Your order shall be stored in physical form safely in a vault on Your behalf. Accordingly, You acknowledge that You understand, agree and accept the fact that Company will be acting as a custodian of the Product(s) purchased by You and will safely manage the physical form of the Product(s) stored in the said vault (“Product Storage”).
In addition to Clause 15 above, You hereby authorize the (i) appointment of the Company for the purpose of the Product Storage and to keep Your purchased Product(s) safe; and (ii) the Company to store such Products purchased by You in the secured vault on Your behalf. It is hereby clarified that Your purchase of the Product(s) subsequent to Your order shall be deemed to be completed and title in relation thereto shall be deemed to have been passed upon a final invoice being issued by the Company in accordance with these Terms, subject to applicable laws.
To ensure that the Product(s) stored in such vaults, is adequately protected, necessary insurance policy/ies has been obtained by the Company, where the cost of such insurance to keep the Product(s) safe will be borne by the Company. Pursuant to such insurance policy/ies, for any loss or damage to Your purchased Product(s) stored in the vault, You authorize the Company to act as Your beneficiary under the insurance policy/ies and to take all necessary steps to act and protect in Your interests.

17. MISCELLANEOUS

The buying limits, frequency, charges, and terms are to be decided and managed by the Company in accordance with the laws of Bangladesh, which may be subject to changes without any prior notices.
In cases where the Product(s) is not available to be purchased, the Users will be promptly shown an ‘out of stock’ message when the User attempts to purchase the Product(s).
The Company reserves the exclusive right to deny, block, or freeze any transactions which breaches any prevalent laws of Bangladesh or the Company’s policies, without providing any prior notice.

18. ASSIGNMENT/TRANSFER

The Company reserves the right to assign and/or transfer the agreement between you and the Company, and all the rights and obligations pursuant thereto to any third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer, liquidation, or any other disposition. In case of such assignment and/or transfer, all information provided to the Company, pursuant to these Terms will be transferred to that third party and you agree to provide reasonable assistance in this regard.

19. WARRANTY/DISCLAIMER OF WARRANTIES

If user is an individual acting or dealing as a consumer, user may have certain statutory rights which may not be waived, and such statutory rights are not affected by the following. The user hereby acknowledges and agrees that the use of the Gold Kinen app is entirely at the user’s own risk. The Gold Kinen app and the services are provided on an “as is” basis, without any warranties or undertakings of any kind.
The company does not make any express or implied warranties, representations or endorsements of any kind (including, without limitation, the warranties or undertakings as to conformity to description or sample, title of merchantability, satisfactory quality, fitness for a particular purpose, accuracy, reliability, accessibility and non-infringement of intellectual property rights or other proprietary rights,) with regard to our service(s), or with respect to any information, product(s), service(s), merchandise or other material(s) provided on or through Gold Kinen app. The company further does not warrant or guarantee the accuracy, completeness, reliability, timeliness or usefulness of its services. The company does not warrant that the service(s) will function without delays, disruptions, interferences, imperfections, or any adverse incident. The user expressly agrees and acknowledges that the limitations and exclusions of liability and warranty provided in this agreement are fair and reasonable. The user further acknowledges the mobile platform provider (e.g., apple or google) has no warranty obligation whatsoever with respect to the Gold Kinen app.
In some jurisdictions, this agreement may provide user with specific legal rights. Other than as permitted by applicable laws, the company does not exclude, limit, or suspend such legal rights which user may have. In case of any conflicts, disputes or lawsuits arising out of the use of the Gold Kinen app in any foreign jurisdiction, all such conflicts, disputes or lawsuits shall be dealt with in accordance with the laws of Bangladesh, without regard to the conflict of laws principles.

20. LIMITATION OF LIABILITY

Notwithstanding anything to the contrary contained herein, the company, its parents, subsidiaries, affiliates, licensors, and/or suppliers, and/or the officers, directors, employees, consultants, agents and/or any other mobile service provider shall not be liable to you or any third party for any direct, indirect, punitive, exemplary, incidental, multiple special or consequential damages [whether in contract, tort (including negligence), or otherwise], lost profits, loss of data or data use, lost savings, or costs of procuring substitute goods arising out of this agreement, due to breach of contract, tort (including negligence), delict, use of the Gold Kinen app or otherwise, even if Gold Kinen has been advised of the likelihood of such loss or damages occurring. To the fullest extent permitted under applicable laws, in no event shall the liability of Gold Kinen for any damages (direct or otherwise), penalties or loss, regardless of the form of action or claim, whether in contract, tort (including negligence), delict or otherwise of any type exceed, in the aggregate of amount of gold held by user in the Gold Kinen app, any claim for damages in excess thereof being hereby waived by each user.
If you are dissatisfied with any of the materials, products, or services, or with any of the terms and conditions provided by the Company, your sole and exclusive remedy shall be to discontinue using the Gold Kinen App.

21. INDEMNIFICATION

You agree to always keep and hold harmless and indemnify the Company, its parents, subsidiaries, affiliates, licensors, suppliers, and/or the officers, directors, employees, consultants, agents of each, and/or other mobile service providers from and against any and all third-party claims, disputes, lawsuits, liabilities, damages, losses, costs, expenses and fees (including reasonable attorneys’ fees and court costs) that such parties may incur as a result of or arising from your use of the Gold Kinen App and/or Service(s), your violation of these Terms of Service, or your violation of any rights of any other person or entity. The Company reserves the right to control the defense of any claim for which the Company is entitled to indemnification, and you agree to provide the Company with such cooperation as is reasonably requested by the Company.

22. FORCE MAJEURE

The Company shall not be liable for any failure of or delay in the performance of the Service(s) for the period that such failure or delay is due to any Force Majeure event, including but not limited to, natural disasters, fire, flood, pandemics and epidemics, earthquake, elements of nature, acts of God, actual or threatened terrorist attacks, server crashes, internet shortage, hacking, cyber security breaches, power outage, failure of national grid system, acts of war, sabotage, explosion, riots, civil disorders, rebellions, revolutions and strikes, lockouts or labor disputes, government acts, accident or breakdown of plant or machinery, bugs in third party software, shortage of materials, failure by a utility provider (including electricity, gas, network or telecom provider) to provide services and any actions or omissions of third parties beyond its reasonable control) or any other force majeure event.

23. COMPLAINTS

In the first instance, complaints or grievances should be addressed to the customer service team. You can contact the customer service team via telephone, email or letter using the following contact details:
Gold Kinen Customer

Call Centre: 09610-964653

Email: info@goldkinen.com

24. TAXES

You agree to be responsible for any and all taxes, duties, tariffs, Value-Added Tax (VAT) or other such assessments of any value in relation to any transactions undertaken under this Agreement.

25. ENFORCEABILITY

If, for any reason, a tribunal or court of competent jurisdiction finds any Terms of Service or any provision or portion of this Agreement to be unenforceable, the remainder of this Agreement will continue in full force and effect to the maximum extent permitted by the applicable law.

26. SURVIVAL

Any obligations and duties that by their nature extend beyond the expiration of this Agreement shall survive any expiration and remain in effect, save where abrogated by the relevant and governing statutory limitation period.

27. WAIVER

Any waiver of any provision of this Agreement will be effective only if in writing and signed by or on behalf of the Company.

28. ENTIRE AGREEMENT

This Agreement including its terms and conditions, schedules, and annexures, is a complete and exclusive statement of the agreement between parties relating to its subject matter. In the event of a conflict between the terms of this Agreement and any other document or terms incorporated herein by reference or otherwise, the terms of this Agreement shall prevail.

29. GOVERNING LAW AND DISPUTE RESOLUTION

The validity, performance and all matters relating to the effect of the Agreement and any amendment hereto shall be governed by the laws of Bangladesh.
Any dispute arising under or relating to these Terms will be resolved exclusively by final and binding arbitration in accordance with the Bangladesh Arbitration Act, 2001. The parties agree to the personal and subject matter jurisdiction and venue of the arbitration to be located in Dhaka, Bangladesh. Further, the language for such arbitration be English for any action related to the Terms and Conditions of this Agreement.
Therefore, by clicking the “accept” / “I agree” button, you acknowledge that you have read, fully understand, unequivocally and expressly agree to, and will be bound by all the terms and conditions and schedules of this agreement.

Schedule A: Services

The Company shall provide, among others, the following Services through the Gold Kinen App:

1. Buy Gold

The Users will be able to purchase the Product(s), i.e., gold through the “Buy Gold” Service from the Gold Kinen App, in accordance with Clause 12 above, upon specifying the quantity of Product(s) to be purchased either in weight value or in BDT value.
The Payment for the purchase of the Product(s) shall be made through the third-party payment gateway portals in accordance with the Schedule B of this Agreement. Any applicable charges at user end in third party portal of choice is to be borne by the Users and is upon the discretion of the third-party payment portal.
The Delivery of the Products bought through the Gold Kinen App shall be in accordance with the “Collect Gold” Service and the Schedule C of this Agreement.

2. Refund Gold/Sell Gold

The Users will be able to “Refund Gold’ back to the Company through the Gold Kinen App.
Upon refunding the gold back to the Company, the Company will preferably transfer the monies for the gold at official market price of that day, as denoted in the Gold Kinen App to the User’s designated MFS / bank accounts. Alternatively, the refund maybe disbursed to user in the form of cash or gold or a combination of cash and gold in exceptional circumstances as deemed by the Company.
The ‘Refund Gold’ feature is primarily a refund feature, and a refund charge will be applicable at the time of execution. The Company shall decide the refund charges, which may be subject to change upon the discretion of Company without prior notice
Once a ‘Refund Gold’ transaction is executed on the Gold Kinen App it shall not be reversed or stopped.
It shall be the sole responsibility of the Users to provide correct information in relation to their mobile wallet or bank accounts, where the refund money will be transferred in 3 (Three) business days as per the Company policy. Furthermore, the Users solely shall be liable for providing any incorrect information in relation to their mobile wallet or bank accounts.
The Company shall in no way whatsoever be held responsible or liable for any technical errors or failure during transaction execution process.

3. Collect Gold

The Users will be able to collect the Product(s), i.e., the gold in physical form by placing redemption request through the ‘Collect Gold’ service on the Gold Kinen App.
The Users will only be able to avail the “Collect Gold” Service for the purchased Product(s) when it has the requisite Minimum Amount of Gold in its Gold Kinen App account.
When the User has the requisite Minimum Amount of Gold in its account, then upon availing this “Collect Gold” Service, the Product(s) will be delivered to Users in the designated addresses provided by the Users at the ‘Collect Gold’ checkout page, using third-party delivery vendors in accordance with Schedule C of this Agreement.
The User(s) solely shall be liable for providing any incorrect information in relation to their delivery address.

4. Gift Gold

The Users will be able to transfer gold from their Gold Kinen App to other Gold Kinen App users instantly
However, the Company shall in no way whatsoever be responsible or liable for any delays occurring due to technical reasons.
It shall be the sole responsibility of the Users to provide correct information in relation to the gift recipient’s account information while using the “Gift Gold” Service of the Gold Kinen App.
Any input of incorrect account details of the gift recipient can lead to transfer of gold to incorrect accounts, which cannot be reversed by the Company once the transaction has been complete. Therefore, the Users solely shall be liable and responsible for any loss suffered by it for providing any incorrect information in relation to gift recipient’s account information.

4. Auto Gold Save

Only Gold Kinen account holders can apply for the Auto Gold Save Plan.
Nominated amount of payment will be charged on your designated payment method on the preset date.
Based on the amount charged in Taka, the corresponding amount of gold on prevailing market prices set by BAJUS will be added to your designated account’s gold balance.
Due to decimal conversions and arithmetical calculations the amount of gold may vary by a difference of BDT 1.
If payment fails on the preset date, payment attempts will be made as per the policy of the selected payment gateway.
Amount will be charged on preset date selected by the user in intervals and tenure as defined by the user during the sign-up process.
Procedures and policies of payment gateway to be applicable for users; as per the chosen payment gateway.
In case of any delays, troubleshooting errors or failed requests customers must inform GK customer service number 09610964653 within 72 hours of transaction date
Gold Kinen cannot be held liable for human, technical, troubleshooting errors due to network disruption, system malfunction or any unprecedented event at Gold Kinen payment gateway or user end.
Users must input correct information while signing up for Auto Gold Save plan; Gold Kinen cannot be held liable for any errors in input of information by the user.
If a user cancels their ongoing Auto Gold Save plan, cancellation request will be processed with due regard to nominated payment gateway’s cancellation policies.
At point of monthly payment triggers, gold balance will be added to the user's account only after successful payment confirmation from payment gateway; confirmation time is subject to payment gateway’s internal processes.
Gold Kinen’s general terms and condition and privacy policy and delivery policy, schedule of charges to be applicable where necessary for all Auto Gold Save customers.
In case of missed payments for any (single) given month, the Auto Gold Save plan will continue next month as per scheduled tenure. In that case the missed payment will not be included in the Auto Gold Save plan’s saved amount.
All Auto Gold Save conditions are addendums of the original conditions stated in the Gold Kinen app’s website

Schedule B: Payment Procedure

The payment by the Users to the Company through the Gold Kinen App shall be in the following manner:

After confirming your transaction, the User will be taken to separate page or portal managed third-party licensed payment gateway vendor to enter the payment mode i.e., either through MFS, or Bank Transfer, or Credit/Debit Cards.
Once the User selects its desired mode of payment, it will be taken to the payment page to enter the billing information. It should be noted that all payments shall be made in Bangladeshi Taka (BDT).
Once the User enters the information (as required depending on the payment mode), it shall receive a system generated One Time Password (OTP), which shall be valid for a limited period of time. In
order to complete the payment process, the User shall be required to enter the OTP and authorize the payment.
For the sake of abundant clarity, it should be noted that the said payment page is not owned, managed, or maintained by the Company, but the relevant payment processing bank or MFS or payment gateway company.
The Company shall in no way whatsoever be held responsible or liable for any technical issues or transaction failures, lack of authorization for any transaction/s and all such issues or failures shall be immediately communicated with the concerned bank or MFS or payment gateway vendor by the User.
Once the payment process has been completed, the ordered amount of the Product(s) will be available in the User’s Gold Kinen App , where it can view the exact amount of Product(s) it owns.
In addition to the payments made by the User towards the Services from time to time, the User further acknowledges and accepts a prescribed convenience fee might be charged by the Company pertaining to the availing of “Refund Gold” and “Collect Gold” Service(s) under these Terms and Conditions for use.
Notwithstanding anything to the contrary contained in these Terms, the Company shall be entitled to accept or reject any orders placed by the User, for any reason whatsoever, at its sole discretion. In case of any rejection of a purchase order placed by the User in accordance with these Terms, where payments have been received by the Company, such payments shall be returned to the User in the bank account linked to the User’s Gold Kinen App account, subject to the terms and conditions applicable at that particular point of time.
In the event User’s Gold Kinen App account is over credited or wrongfully credited / debited, then the Company has right to reverse / cancel without notice or require cancellation / reversal of such transaction at its sole discretion and debit / credit the digital value of Product(s) to / from the User’s Gold Kinen App account, as the case may be.

Schedule C: Delivery Mechanism

The payment by the Users to the Company through the Gold Kinen App shall be in the following manner:

Upon purchasing the Minimum Amount of Gold, when the User avails the “Collect Gold” Service(s), the Product(s) shall be delivered to the Users through third-party delivery services (“Logistics Partner”).
The delivery timeline shall be a minimum of 5 (Five) days if the User’s delivery location is in Dhaka and a minimum of 10 (Ten) days if the User’s delivery location is outside of Dhaka.
The delivery charges incurred shall be borne by the User and is to be paid beforehand in the app before receiving the Product(s).
The Product(s) shall be delivered at the shipping address provided by the User in the User’s Gold Kinen App account. Therefore, the User shall be solely responsible for ensuring that the correct address for such delivery purpose. The User shall not be entitled to change the shipping address after the request for delivery of the Product(s) through the “Collect Gold” Service(s) is processed by the Company.
The Logistics Partner of the Company shall make best endeavors to fulfil the delivery of the Product(s) within the scheduled timelines. Furthermore, neither the Company, nor the Logistics Partner shall be liable or accountable for any delay caused in such deliveries arising/occurring due to the reasons not attributable to Company and/or due to a Force Majeure event.
The Logistics Partner of the Company will make xx (in words) attempts to deliver the Product(s). In the event the Product(s) cannot be delivered even after t xx (in words) repeated attempts, it will return to origin and the User will be notified of the same on the Gold Kinen App. Thereafter, the User will be required to process the delivery again by availing the “Collect Gold” Service(s) in the Gold Kinen App. It is clarified that You shall be solely liable to incur the applicable charges for re-delivery of the Customer Order
As per the delivery protocol set by the Company and the Logistics Partner, the authorized delivery personnel of the Logistics Partners shall obtain the signature of the User or his/her representative on the delivery receipt, which shall act as a proof of delivery and acknowledgement on part of the User. Therefore, the Users must check the Product(s) diligently as to the accuracy, description, weight, quality, and condition of the Product before accepting the delivery. Once the User receives and acknowledges its acceptance of the Product, the Company or its Logistics Partners shall in no way whatsoever be held responsible or liable for any refund, damages, discrepancy, inaccuracy, or loss of the Product(s).