Terma & Syarat


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1. INTRODUCTION

1.1) Welcome to the Nubex Digital Gold Trading (the “Platform”). The customers are advised to read and understand these Terms and Conditions Nubex Digital Gold before using the services.
1.2) Ace Capital Growth Sdn. Bhd. may revise these Terms and Conditions of use from time to time, the changes will be effective when posted on the Platform with no other notices provided. If you continue to use the Platform or communicate with us, you will be deemed to have agreed to the changes upon our publication on the Platform.


2. INTERPRETATION

In these Conditions:

Items

 Meaning
Currency Transaction in Malaysia Ringgit (MYR) only.
Customer (you/your) Any individual who transacts using the Platform for buying and/or selling back the Digital gold or any other party as outlined in these Terms.
Custodian ACE acts as the custodian of the Nubex Digital Gold to identify, arrange and pay to security vault service provider to safe keep the physical gold bars.
Force Majeure Any events or situation that is beyond the reasonable control of the ACE and shall include, without limitation:
a. Earthquakes, flood, fire, plague, pandemic and other natural disaster;
b. Terrorism, riots, civil commotion or disturbance, war (whether declare or not) and strikes;
c. Unauthorized access of computer data and storage device, virus attacks, breach of security and encryption and any other similar events.
Security The Digital gold sold under the Platform will be backed by casted gold bars weighing 1,000 gram/1 kg that will be kept in the dedicate security vault on behalf of the customers.
Nubex Digital Gold Account created on the Platform for purposes of purchase and sale of the Digital gold.
Gold Bar Fulfillment Refers to a redemption of your ownership in the Nubex Digital Gold account to the Physical minted gold bar and it does not involve any buy and/or sell transactions
Gold Supplier (we/us) Ace Capital Growth Sdn. Bhd. Company Registration No. 200901037559 (ACE), a subsidiary of Ace Innovate Asia Berhad.
Gold Amount All transaction is in Ringgit Malaysia which shall be equal to the quantity of gold to be transacted multiplied by the live market gold price quoted by ACE.
Initial Purchase First-time purchase of Digital gold that made by you during the Nubex Digital Gold account opening
LBMA The London Bullion Market Association (LBMA), established in 1987, is the international trade association representing the global Over the Counter (OTC) bullion market, and defines itself as "the global authority on precious metals". It has a membership of approximately 150 firms globally, including traders, refiners, producers, miners, fabricators as well as those providing storage and secure carrier services.
Transaction History Displays transaction history of purchase and sale of Digital gold and Physical minted gold bar fulfilment.
Security Vault Safeguards G4S Malaysia (SG4S) appointed by ACE to safe keep the physical gold bars.
Terms Terms and Conditions.


3. NUBEX DIGITAL GOLD ACCOUNT

3.1) Account Opening
To be eligible to register a customer account, you must meet the following criteria and represent and warrant that:

If you are an individual, you:
a) are 18 years old and above;
b) Malaysia Citizen and Non-citizen;
c) agreed to us carrying out personal identity and residency checks for the purposes of anti-money laundering; you shall provide us with documentation such as NRIC/valid passport during registration;
d) are having a Nubex account;
e) will only maintain one (1) Nubex Digital Gold account at any given time;
f) will not infringe any rights of our intellectual property rights.

We reserve the right to reject an application and freeze or close a customer account at our sole discretion and without reason.
3.2) Third Party Access
You are encouraged to fill up your personal representative/successor details when registering your account in case of unforeseen event happened. You should inform your personal representative/successor, he/she may be subject to the same criteria as a customer including being subject to personal identity and residency checks.

3.3) Dormant Account
A dormant customer account is the one that has a nil gold balance in the account and has not been any debit or credit entry in the customer’s account in the last 6 months, excluding of storage fees. Customer will receive a notification as a reminder to active the account or option to close the account.

3.4) Account Closing
a) An account may only be closed if there are no outstanding gold balances remaining in that account.
b) Any pending storage fees for settlement will deduct from gold account before account closure.
c) In the case of deceased customers, the closing account can only be carrying out by the personal representative/successor.
d) To close account, please contact our customer services team.
e) ACE reserves the right to close the customer’s account if ACE do not receive any feedback from customer or there are dormant more than 6 months.
f) The process for account closure will take 2-3 business days.
g) Customer will receive a notification from ACE in the event of account closure.

3.5) Personal Data
Customer hereby express consent and authorize ACE to disclose your financial condition, details of Nubex Digital Gold account and relationship for the following uses of your personal data:
a) Authorities in Malaysia and elsewhere for the purpose of complying with legal, regulatory, compliance and risk management requirements including for compliance with US’ Foreign Account Tax Compliance Act (“FATCA”) and Organization for Economic Cooperation and Development’s Common Reporting Standards (“CRS”);
b) BNM’s Credit Bureau, Cagamas Berhad, Credit Guarantee Corporation Malaysia Berhad and credit bureaus established under the Credit Reporting Agencies Act 2010;
c) Parties, centralized securities depository, registrar, debt collection agents;
d) Any other person or entity to whom disclosure is permitted or required by any law, regulation or governmental directive.


4. PROHIBITED USES

Customer undertake that you will not breaches any applicable law or regulation:

4.1) Use Nubex Digital Gold account directly or indirectly for transaction involving any unlawful activities;
4.2) Concealing or disguising activities that are in fact unlawful;
4.3) Utilize any fund from Nubex Digital Gold account related money laundering or unlawful purpose activity.


5. FORCE MAJURE

ACE will not be liable to any customer or any third party for any loss or damage in connection with inability use of Platform, loss of anticipated savings/earnings, any indirect or consequential loss or damage, liability, injury, expenses if ACE is unable to perform to provide any services due to Force Majeure.


6. CHANGES IN TERMS AND CONDITIONS

ACE reserves the right to change any or all the above Terms whenever deemed necessary.


7. APPLICABLE LAW

These Terms shall be subject to, governed by and construed inaccordance with the Laws of Malaysia.


8. PURCHASE OF NUBEX DIGITAL GOLD

These terms apply in relation to the purchase of Digital gold, the customer should read and understand the Terms prior to start the purchase of Digital gold.

8.1) You acknowledge that, with regards to Nubex Digital Gold account:
a) you are required to leave a minimum amount of 0.1gram worth of gold balance at all the time;
b) the gold market is volatile;
c) losses can be incurred from such an investment;
d) an investment in gold provides no dividend or profit yield;
e) gold price would have to rise sufficiently over the investment period in order to yield a profit on sale;
f) value of investments and storage fees can vary depending on the fluctuations in international and/or local gold foreign exchange market; and
g) investment in gold is not guaranteed by ACE nor protected by Perbadanan Insurans Deposit Malaysia (PIDM).
8.2) You are offered to purchase Digital gold worth 0.1 gram or equivalent to approximately 0.1 grams at the live market gold price shown on the Platform. Live market gold price means that these quotes are linked to the prices of gold in the LBMA in London.
8.3) The purchase price quoted on the Platform will be determined by the ACE at its discretion by taking into account all the relevant factors.
8.4) You are offered an option to purchase the Digital gold in either Gram or Ringgit Malaysia.
8.5) Transaction may be made on a business day from 8.30 am to 11.59 pm, 365 days a year.
8.6) Your daily purchase transaction limit is up to 1000 gram/1 kg during the trading hours and/or business day. ACE has the right to cancel and reverse any of your purchase which is exceed the daily transaction limit.
8.7) Ace reserves the rights to vary the daily transaction limit as may be reasonably necessary by posting notices on the Platform.
8.8) You are responsible for ensuring that the Price and Transaction are in order before committing to the purchase. Cancellation and refunds will not apply once a transaction is confirmed.
8.9) You acknowledge that the initial purchase and subsequent purchase is subject to the ACE’s discretion from time to time by posting notices on the Platform. These are the minimum amount of gold you need to purchase in order to start a Nubex Digital Gold account.
Initial Purchase
0.1 gram
Subsequence Purchase
0.1 gram


9. STORAGE

9.1) Your legal right, title, interest and property in the Nubex Digital Gold shall be vested with you at all times
9.2) You hereby agree to appoint ACE, and we agree to act, as the custodian of the Nubex Digital Gold to identify, arrange and pay the Security vault service provider to safe keep your physical gold bars.
9.3) As part of the ACE’s safe-custodian role, the ACE shall ensure the security of the gold bars is protected either through insurance/Takaful
9.4) You will not hold ACE liable for any loss, charge and liability resulting from the negligence of the security vault service provider.
9.5) Ace may at any time in our absolute discretion prescribe the relevant procedures in relation to the deposit and/or withdrawal of the physical gold bars whenever ACE deems reasonably fit and appropriate
9.6) In the event, ACE cease its business or operations or liquidated, ACE would assign a legal entity to act as an administrator to liquidate the gold owned by customers in Ringgit Malaysia according to market value which the cost of liquidation shall be borne by customers.


10. STORAGE FEE

10.1) You agree and undertake to pay, in grams of gold, monthly storage fee of the Nubex Digital Gold Account.
10.2) Storage fee is 1% per annum based on your daily gold holding. The storage fee will be accrued daily and debited from the account monthly at the end of the month or RM1 equivalent in gram subject to whichever is higher or upon closure of account. For account closure, the storage fee would be calculated on a pro-rata basis.

For illustration purpose only.
If you are holding on to 100 grams of gold throughout the month of January, the storage fee would be the higher of:
- 1% x 100 grams x 31/365 days = 0.085 grams; or
- 0.004 grams or RM1.00 (or its equivalent in gram)

This means that the month storage fee for 100 grams would be 0.085 grams of gold.

This storage fee is calculated at such rate and subject to such minimum charges per month, as may be determine from time to time. ACE will notify you by posting on the Platform by at least five (5) business days prior to the effective date of change.
10.3) The arrangement of storage fee of the Digital gold is terminated if a request to buy back the Digital gold and/or physical gold fulfilment has been made by you pursuant to Terms.


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11. BUY BACK OF ONEGOLD

11.1) You must be the legal owner of the Nubex Digital Gold and acting on his/her own behalf, not as the agent, representative of another person, individual and organization.
11.2) The price which the customer is offered is the live market gold price shown on the Nubex Digital Gold Platform.
11.3) The proceed of sale will be made into the Nubex Digital Gold account using the available payment methods.
Personal Bank Account (FPX)
The amount will be reflected T+2 business day. You are undertaking to pay the processing fee MYR1.20 for each successful transaction if you elect the FPX services.
11.4) You shall be responsible to pay:
a) all taxes or levies payable; and
b) Zakat for Muslim customer subject to the requirement of nisab and haul
11.5) ACE reserves the right to reject any sale request from any of its customers if the said sale of gold transaction cause the daily aggregate sale of gold transaction from all of its customers to exceed the Daily aggregated limit or whenever the ACE deems appropriate. The maximum Daily aggregated limit is 1,000 grams and is subject to the ACE’s discretion from time to time.


12. PHYSICAL GOLD FULFILMENT

12.1) You are offered to convert available gold balance in the Nubex Digital Gold account to Physical minted gold bars.
12.2) Each minted bar is bearing the exclusive branded IGR™ logo and sealed in protective Certificate or certiIGR security packaging that guarantee the 999.9 purity and weight. All the IGR bars are meet the LBMA Good Delivery Standard to ensure the highest levels of purity and quality.
12.3) You acknowledge the role of LBMA, the global authority for Nubex Digital Gold physical:
a) LBMA is the fulcrum of the global principle-to-principle precious metalmarket. LBMA sets standard fromthe purity, fromand provenance ofthe bars to the way in which gold are traded; in The Good Delivery Rules for Gold and Silver Bar Specification for Good Delivery Bars and Application Procedures for Listing March 2015;
b) All LBMA accredited gold bars are certified by the Chief Assayer of the Gold producer which includes information but not limited to gold content, fineness, minimum gross weight and bar number.
12.4) Nubex shall not be liable to the specification of the IGR gold distributed if sold in the secondary market to 3rd party (other than the Nubex).
12.5) Fulfilment of gold account to Physical minted gold bars may only be executed by customers who are registered the Nubex Digital Gold account:
a) The denomination of minted gold bars and physical gold fulfilment fee will be imposed upon request of the service:

Making Charges
Denomination (Gram)

 Making Charges/pc (MYR)
0.5 68.00
1 76.00
2.5 94.00
4.25 126.00
5 133.00
10 184.00
21.25 304.00
50 450.00
100 760.00

Courier Charges:
Courier Charges Cost Packing Limit
WM/EM MYR15.00 per parcel 30pcs/100g

Note:
(i) You can pick up a physical gold bar through Nubex branch or have it delivered to your doorstep
  • Nubex's Branch : 28, Jalan Apollo U5/189, Bandar Pinggiran Subang, 40150 Shah Alam, Selangor (03-2935 9456)
(ii) The fulfilment fee is referring to Making Charges: Premium/Pcs + Handling Charges/Pcs + Insurance/Pcs;
(iii) There will be packaging and shipment cost charge once only if you are using courier;
(iv) ACE reserves the right to revise the fulfilment cost from time to time without prior notice. The changes will base on the charges imposed by the vendor and service providers;
(v) Maximum for physical gold fulfilment of minted gold bar is 100 gram or maximum 30 pieces each time for each parcel;
(vi) It applied to both West Malaysia and East Malaysia, delivery is available in Malaysia only;

For illustration physical gold fulfilment only.
Scenario Calculation Total Customer Pay through Self-Pick up Total Customer to Pay through Courier
Making Charges Packaging Shipment
2 grams of physical gold (same denomination - 1 gram) MYR 76.00 x 2 pcs MYR 15.00 MYR 152.00 MYR 167.00
100 grams of physical gold (multiple denomination) 50 gram - MYR 450.00 x 1 pcs
10 gram - MYR 184.00 x 3 pcs
5 gram - MYR 133.00 x 4 pcs 		MYR 15.00 MYR 1534.00 MYR 1549.00


b) For physical delivery, the purchaser needs to appoint the seller as his/her agent(wakil) to keep/hold the gold purchased/converted in its custody (wadiah) until the collection takes place by the purchaser or his/her appointed agent (wakil), or delivery of the gold by the agent(wakil).
c) For physical delivery, the purchaser needs to appoint the seller as his/her agent(wakil) to keep/hold the gold purchased/converted in its custody (wadiah) until the collection takes place by the purchaser or his/her appointed agent (wakil), or delivery of the gold by the agent(wakil).
d) Delivery time taken is 3-5 business days for Peninsular Malaysia and 3-7 business days for East Malaysia. You can always check the status of delivery in Platform.

e) Nubex shall contact customer upon receiving uncollected Minted gold bar from courier company, Nubex shall coordinate with customer for 2nd time delivery and the delivery cost is required to be paid by the customer before ACE proceed for it

f) It is the responsibility of the customer to ensure that Physical minted gold bar is sent to the correct dispatch address. Failure to do so may result in loss of minted gold bar and the ACE shall not be held responsible for this. The method of delivery for the physical minted bar is by courier delivery and self-pick up at Nubex branch.

12.6) For the customer who complains that the delivered Physical minted gold bar is authentic (i.e., the gold is counterfeit), and/or loss, he/ she shall make a police report and lodge a complaint to customer services team. Nubex is also legally permitted to contact the legal, government or regulatory authorities on the said complains.

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