Last updated: 2nd April 2021
This Agreement contains 20 sections. You may go directly to any section by selecting the appropriate link below. The headings are for reference only. Some capitalised terms have specific definitions in section 21. Underlined words in this Agreement contain hyperlinks to further information.
Please read this Agreement carefully before you start to use our Services. This Agreement (always together with the documents referred to in it) tell you who we are, how we will provide the Services to you, how this Agreement may be changed or ended, what to do if there is a problem and other important information.
By using our Services, you confirm that you accept and agree to follow this Agreement. If you do not agree, you must not use our Services.
We recommend that you print a copy of this Agreement for future reference. You can always view the most current version on our Website.
This Agreement refers to the following additional documents, which also apply to your use of our Services:
OurAcceptable Use Policy, which sets out the permitted uses and prohibited uses of our Services.
OurFrequently Asked Questions, which provides answers to common customer questions.
We license the use of the App to you on the basis of this Agreement. We do not sell the App to you. We remain the owners of the App at all times.
From time to time updates to the App may be issued. Depending on the update, you may not be able to use our Services via the App until you have downloaded the latest version of the App and accepted any new terms.
In consideration of you agreeing to abide by the terms of this Agreement, we grant you a non-transferable, non-exclusive license to use the App on your device subject to this Agreement. We reserve all other rights.
3E LLC is a company incorporated under the regulations of USA, with company number XXXXXXX-Y (“3E”, “we”, “us”, or “our” as applicable).
Our registered office is at XXXXXXXX USA.
We are licensed under the XXXXX to carry on financial services businesses. Our license serial number under the US Federal Reserve System is XXXXXX. Please note that such licensing does NOT guarantee any performance and customers take the risk of any loss suffered from the service.
If you are an individual, you must be 18 years or older to use our Services, and by opening a 3E Account you declare that you are 18 years or older. We may require at any time that you provide evidence of your age.
If you are not a consumer, you confirm that you have authority to bind any business or corporation on whose behalf you use our Website or Services, and that business or corporation accepts these terms.
You may only open a 3E Account if it is deemed applicable to do so in your country of residence by the relevant authorities. By opening a 3E Account you commit to us that your opening of and maintaining a 3E Account does not violate any regulation set forth by the relevant authorities. You take responsibility for any consequences of your breach of this section.
In order to use our Services, you must first open a 3E Account by registering your details. As part of the sign up process you will need to accept this Agreement.
For legal reasons, all information you provide during the sign up process or any time thereafter must be complete, accurate and truthful. You must update this information whenever it changes. We may refuse to provide, or discontinue, the Services to any person or entity at any time for any reason.
We treat all activities under a 3E Account to be those of the registered user. You must only use the Services to transact on your own account and not on behalf of any other person or entity.
You may only open one 3E Account unless we explicitly approve the opening of additional accounts. 3E may refuse the creation of duplicate accounts for the same user. Where duplicate accounts are detected, 3E may close or merge these duplicate accounts without notification to you.
You acknowledge that we are required, under our license provisions, to carry out all necessary security and customer due diligence checks on you in order to provide the Services to you. You may need to provide additional information (in a format acceptable to us) so we can verify your identity as a condition of processing your payment order, opening your 3E Account, or otherwise providing our Services to you. We may make, directly or through any third party, any inquiries we consider necessary to validate information that you provide to us, including checking commercial databases or credit reports. You authorize us to obtain one or more of your credit reports, from time to time, to establish, update, or renew your 3E Account with us, or in the event of a dispute relating to this Agreement and/or activity under your 3E Account.
You must ensure that the information recorded on your 3E Account is always accurate and up to date, and we shall not be liable for any loss arising out of your failure to do so. We may ask you at any time to confirm the accuracy of your information or to provide documents or other evidence.
We may contact you by email or in other ways described in section 17 with information or notices regarding your 3E Account. If you don't maintain or check your messaging platform and other methods of communications, you may miss emails and/or other communications about your transactions and our Services. We shall not be liable for any consequence or loss arising from this.
Additional 3E products or services you use may have additional security requirements and you must familiarize yourself with those as notified to you.
Never disclose your 3E Account password or your public key ID (which starts with the letters 'PK', followed by a series of numbers) to any third party. Keep them safe. Change your password regularly. We will never ask you to provide your password to us or to a third party. Tell us if anyone asks for your password and contactCustomer Supportif you are not sure. Follow recommended practices on passwords, for example:https://support.google.com/accounts/answer/32040.You must never let anyone access your 3E Account or watch you access it.
You must make sure that your messaging platforms are secure and only accessed by you, as they may be used to communicate with you about the security of your 3E Account.Let Customer Supportknow immediately if your messaging platform becomes compromised.
Never use any functionality that allows passwords to be stored by the computer or browser you are using or to be cached or otherwise recorded.
Additional 3E products or services you use may have additional security requirements and you must familiarize yourself with those as notified to you.
If you suspect your 3E Account, password, public key or other security feature is stolen, lost, used without authorization or otherwise compromised, you are advised to change your password. We rely on you to regularly check the transactions history of your 3E Account. ContactCustomer Supportimmediately in case of any unauthorized, incorrect, or misdirected transaction, or if you suspect that your 3E Account has been compromised. Any undue delay in notifying us may not only affect the security of your 3E Account but may result in you being responsible for financial losses.
We may suspend your 3E Account or otherwise restrict its functionality if we have concerns about:
We will notify you of any suspension or restriction of your 3E Account and of the reasons for such suspension or restriction as soon as we can. We will lift the suspension and/or restriction as soon as practicable after the reasons for the suspension and/or restriction have ceased to exist.
You are responsible for all losses relating to an unauthorized transaction from your 3E Account if you have acted fraudulently or failed, either intentionally or through gross negligence, to use your 3E Account in accordance with the terms of this Agreement.
At 3E, your purchased gold really is your gold – it’s physical gold bullion that is legally and uniquely allocated to you and stored physically in one of our registered and official vaults. You have constructive possession of the Gold under law.
Your Gold really is yours. For every ounce of gold held in your 3E account there is an ounce of physical gold owned by you in one of our highly secured vaults. There is no financial institution that sits in between you and the ownership of your Gold.
3E account holders can be 100% confident that their Gold is safe and directly owned, at all time.
All BUY and SELL operations are executed in real time according to the live gold price also referred to as the spot gold price. Execution, refusal, cancellation, errors and payment methods are processed similarly to those of payment orders (or transfer orders) below
You must submit payment orders online via your 3E Account or your messaging platform. Your order may either be:
You can only set up a Fixed Target Order for certain Source Currencies, you can find a list of these Source Currencies on ourFrequently Asked Questions
To set up a payment order via your 3E Account, you need to provide certain information to us including
If you are not a foreign worker, your payment order must not exceed an aggregate amount of MYR 30,000 or other currency equivalent per day. If you are a foreign worker, your payment order must not exceed an aggregate limit of MYR 5,000 per month. We may vary this limit from time to time by notification to you on our Website.
Once we have received your payment order, we will send you a confirmation by email that we have received it. Each payment order is given a unique transaction ID and is shown in the transaction history on your 3E Account. You should quote this transaction ID when communicating with us about a particular payment order.
If your payment order is received by us after 5pm on a Business Day or not on a Business Day, your payment order will be deemed received on the following Business Day.
We will only process your payment order once we have received the relevant funds and fees from you. It is your responsibility to fund your payment order in a timely manner. We can not be responsible for the time it takes for the money to be sent to us by your bank or payment service provider.
We carry out verification checks as described above, and these checks may increase the time it takes to process your payment order. We cannot be responsible for any delays as a result of carrying out those checks.
The estimated completion time of your payment order is notified to you when you complete your payment order. You may also find further information regarding the completion time in theFrequently Asked Questionssection of our Website, please refer to the applicable currency of your payment order.
We will use reasonable efforts to ensure that the Funds arrive at the recipient's bank account or payment account within the timelines notified to you or otherwise specified in ourFrequently Asked Questionssection. We do not have any control over the time it may take for the recipient's bank or payment provider to credit and make available funds to the recipient.
If we are unable to complete your payment order, we will let you know and, if possible, inform you of the reasons for such refusal and explain how to correct any factual errors. However, we are not required to notify you if such notification would be inapplicable according to relevant authorities.
You may cancel your payment order by following the instructions set out in ourFrequently Asked Questionssection. You cannot cancel your payment order once the Funds have been converted into the Target Currency you requested.
You must make sure that the information you provide when setting up a payment order is accurate. If we have processed an order in accordance with the information you have provided to us it will be considered correctly completed even if you have made a mistake.
If you provide incorrect information with your payment order, we will use reasonable efforts to recover the funds for you, and may need to charge you a fee for that.
You can fund your payment order using the payment method(s) indicated to you when you place the payment order with us. There may be financial limits for particular payment methods or currencies, please visit theFrequently Asked Questionssection for more information.
You may only use a payment instrument (such as bank accounts, mobile money accounts or cash) to fund your payment order if it is in your name. To keep all our customers safe, we take any violation of this requirement very seriously and will treat any attempt to add a payment instrument of which you are not the named holder as a fraudulent act.
The fees for your payment order will be notified to you when you place your payment order.
You agree to pay the relevant fees using your chosen payment method when you send the Funds to us. We will not process your payment order until we have received the applicable fees from you.
While you are using our Services, you may use the 3E Materials only for your personal use and solely as necessary in relation to those Services.
"3E Materials" includes any software (including without limitation developer tools, sample source code, and code libraries), data, materials, content and printed and electronic documentation (including any specifications and integration guides) developed and provided by us or our affiliates to you. You may not, and may not attempt to, directly or indirectly:
If we do not reasonably meet our commitments to you, we are responsible for loss or damage you suffer. We are not responsible for any loss or damage that is not foreseeable.
We do not exclude or limit in any way our liability to you where it would be inapplicable to do so for example for fraudulent misrepresentation.
We only provide our Services to you for your personal and private use. If you use our Services for any commercial or business purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We will not be liable for any loss or damage caused by a virus, or other technological attacks or harmful material that may infect your computer equipment, computer programs, data or other proprietary material related to your use of our Services.
We have no control over websites linked to and from our Website and so we assume no responsibility for their content or any loss or damage that may arise from your use of them.
In case of an unauthorized payment or mistake due to our error, we shall at your request immediately refund the payment amount including all fees deducted by us. This shall not apply:
Section (a) above shall not apply to payment orders made after you have notified us, in which case we shall remain liable and refund any unauthorized transaction immediately to you.
In addition, we rely on you to regularly check the transactions history of your 3E Account and to contact Customer Support immediately in case you have any questions or concerns.
In the case of any incorrect or misdirected payment, we will try to help you with tracing and recovering such payments.
We (and our affiliates) cannot be liable for our inability to deliver or delay as a result of things which are outside our control.
In the unlikely event of loss or claims or costs and expenses arising out of your breach of this Agreement, any applicable regulation set forth by the relevant authorities and/or your use of our Services, you agree to compensate us and our affiliates and hold us harmless. This provision will continue after our relationship ends.
We will try to make sure our Services are available to you when you need them. However, we do not guarantee that our Services will always be available or be uninterrupted. We may suspend, withdraw, discontinue or change all or any part of our Service without notice. We will not be liable to you if for any reason our Services are unavailable at any time or for any period. You are responsible for making all arrangements necessary for you to have access to our Services.
You are responsible for configuring your information technology, computer programs and platform in order to access our Services. You should use your own virus protection software. We cannot guarantee that our Services will be free from bugs or virus.
You must not misuse our Services by introducing viruses, trojans, worms, logic bombs or other materials which are malicious or technologically harmful. You must not attempt to gain unauthorized access to our Website, our servers, computers or databases. You must not attack our Website with any type of denial of service attack. By breaching this provision, you would commit a criminal offense. We will report any such breach to the relevant authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website and/or our Services will cease immediately.
You may link to our Website, provided:
the website complies with ourAcceptable Use Policy.
We reserve the right to withdraw linking permission without notice.
We may, at any time, terminate your 3E Account or any service associated with it without giving any prior notice or reason for doing so. You may terminate your 3E Account with us at any time by contactingCustomer Support.
We may at any time suspend or terminate your 3E Account without notice if:
We may suspend your 3E Account at any time if:
we will let you know as soon as we can if we need to suspend your 3E Account.
On termination for any reason all rights granted to you in connection with the App shall cease, you must immediately delete or remove the App from your devices.
We may change this Agreement by giving you at least two (2) weeks’ prior written notice. If we do this, you can terminate this Agreement immediately by providing written notice to us during the notice period. If we do not hear from you during the notice period, you will be considered as having accepted the proposed changes and they will apply to you from the date two (2) weeks after your receipt of the notice.
Changes to this Agreement which are (1) more favorable to you;(2) is required by relevant authorities;or (3) relates to the addition of a new service or extra functionality to the existing Service;or (4) any other change which neither reduces your rights nor increase your responsibilities, will come into effect immediately if they are stated in the change notice. Changes to exchange rates shall come into effect immediately without notice and you shall not have the right to object to such a change.
We usually contact you via your messaging platform, by preference Telegram. For this purpose, you must at all times maintain at least one valid Telegram account in your 3E Account profile. You should check for incoming messages regularly and frequently, these messages may contain links to further communication on our Website. If you don’t maintain or check your Telegram account and other methods of communications, you will miss messages about your transactions and our Services. We cannot be liable for any consequence or loss if you don’t do this.
Other ways we may contact you. In addition to communicating via Telegram, we may contact you via letter or telephone where appropriate. If you use any mobile services, we may also communicate with you via SMS. Any communications or notices sent by:
Where relevant authorities require us to provide information to you on a durable medium, we will either send you a message (with or without attachment) or send you a notification pointing you to information on our Website in a way that enables you to retain the information in print format or other format that can be retained by you permanently for future reference. Do keep copies of all communications we send or make available to you.
sIf you need a copy of the current Agreement or any other relevant document, pleaseCustomer Support
This Agreement is made in the English language. Documents or communications in any other languages are for your convenience and only the English language version of them are official.
If you have any complaints about us or our Services, you may contact us in accordance with ourcustomer complaint procedure.
Nobody else has any rights under this Agreement. This Agreement is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement to any other person in order to end or make any changes to this Agreement.
We may transfer this Agreement to someone else. You may not transfer, assign, mortgage, charge, subcontract, declare a trust over or deal in any other manner with any or all of your rights and obligations under this Agreement (including the 3E Account) without our prior written consent. We reserve the right to transfer, assign or novate this Agreement (including the 3E Account) or any right or obligation under this Agreement at any time without your consent.
If a relevant authority finds part of this Agreement not applicable, the rest will continue in force. Each of the paragraphs of this Agreement operates separately. If a relevant authority decides that any of them are inapplicable, the remaining paragraphs will remain in full force and effect.
Even if we delay in enforcing this Agreement, we can still enforce it later. If we delay in asking you to do certain things or in taking action, it will not prevent us taking steps against you at a later date.
This Agreement supersedes any other previous agreements. This Agreement supersedes and extinguishes all previous agreements between you and 3E, whether written or oral, relating to its subject matter.
App means the mobile application software, the data supplied with the software and the associated media.
Business Day means a day other than a Saturday, Sunday or a public holiday in XXX USA when financial institutions in XXX USA are open for business.
Services means all products, services, content, features, technologies or functions offered by us and all related websites, applications (including the App), and services (including the Website).
Source Currency mean the currency which you hold and/or fund your payment order.
Target Currency means the currency which your recipient will receive.
US Business Day means means a day other than a Saturday, federal or New York state holiday on which our offices are open for business.
Website means any URL, including but not limited tohttps://3e.net.co/, where we provide the Services to you.