Terms & Conditions

1-1 This agreement is an electronic document subject to the provisions of the Egyptian Law for Regulating Electronic Signature and the establishment of the Technology Industry Development Authority No. 15 of 2004, as well as the provisions of the United Nations Convention on the Use of Electronic Communications in International Contracts, and the United Nations Convention on Contracts for the International Sale of Goods,  UNCITRAL Model Law on Electronic Commerce, UNCITRAL Model Law on Electronic Signatures, and Article 6 of the Egyptian Arbitration Law.

1-2 This electronic document shall have the authority prescribed for official and customary writings and documents in the provisions of the Evidence Law in civil and commercial matters, as well as for all international agreements and national laws in different countries, and before international and national arbitral tribunals.

1-3 The paper copy of this official electronic document is an evidence against all to the extent that it is identical to the original of this document, as long as the official electronic document and the electronic signature are present on the electronic platform owned by Dahab Masr.

2-1 “User” is any individual as a natural person, institution, entity or company as legal persons, in accordance with foreign and local definitions of both natural and legal person, dealing as the counterparty to buying gold and/or receiving gold and/or reselling gold to Dahab Masr platform or any other buyer in accordance with the terms and rules set forth in this agreement

2-2 “Gold” means 24 karat gold with a purity of 999.9%, as well as 21 karat with a purity of 875, which is offered by the Egypt Gold Platform under the registered trade name “Dahab Masr” or any other commercial name contracted with by the platform, as well as its partial units that Less than one gram and stamped by the Department of Stamps and Weights.

2-3 “Golden Account” is the account created electronically on Dahab Masr platform by the user - according to the definition mentioned above - with the aim of conducting sales or purchases or any operations added in the future by the platform, which are, for example, but not limited to rent, mortgage, usufruct , sukuk ,  securitization or invest in its various forms and other forms of investment or disposal of gold

2- 4 “Golden Account Data” is the data submitted by the user, which he undertakes and acknowledges to be correct and the legal responsibility ensuing therefrom regarding the identification of the real digital identity of the user, and its legal effect occurs in establishing the golden account.

2-5 “User request” is the purchase request, sale request, or other requests for various legal dispositions provided on the platform with the knowledge of Dahab Masr  company, and the user’s request is considered an offer from him to contract with all the legal dispositions presented, provided that the request is sufficiently specific, and includes a limitation of the quantity  required for gold and price or any data by which they can be determined.

2-6 "Force Majeure" is any act outside the actual control, in whole or in part, of the Dahab Masr platform, whether it is related to regulatory measures issued by the executive, legislative or judicial authorities, or illegal acts digitally represented in: -

1. By unlawful entry on the Dahab Masr platform, which is represented by everyone who intentionally entered, or entered by an unintentional mistake and stayed without right, on the platform’s website, a special account for the user, or an information system of the platform that is prohibited from entering, or any entry actions that resulted in destruction or deletion, and change, copy or re-publish the data or information on that site or the private account or the information system.
2. Exceeding the limits of the right to enter, which is anyone who logs into a gold platform website or a private gold account for a user or the information system of the platform using a right authorized to him, so he exceeds the limits of this right in terms of time or entry level.
3. Unlawful objection, which is anyone who unlawfully objects to any information or data or everything that is circulating through the Dahab Masr platform.
4. Assault on the integrity of data, information, and information systems, which is whoever damages, disrupts, modifies, or cancels, in whole or in part, intentionally and without right, the programs, data, or information stored, processed, generated, or created on any information system of the Dahab Masr platform.  Whatever method was used.
5. Attacking the users' golden accounts, which is anyone who damages, disables, slows down, or hacks a user's golden account.
6. Attacking the website design of the Dahab Masr Platform, which is anyone who unjustly damages, malfunctions, slows down, distorts, conceals, or changes the designs of the Dahab Masr Platform.
7. Assaulting the integrity of the Dahab Masr platform, which is anyone who intentionally causes the platform to stop working, disable it, reduce the efficiency of its work, interfere with it, impede it, or obstruct its work, or who unjustly performs electronic processing of its data.
8. Attacking and defrauding bank cards, services, and electronic payment tools used on Dahab Masr platform, which is unlawful access to numbers, data, bank cards, services, or other electronic payment tools on the Dahab Masr platform. Whether it is intended to use it to obtain the money of others or the services it provides or otherwise.
9. Faking websites of Dahab Masr platform or private golden accounts for users, whether that is Faking an e-mail for Dahab Masr platform or a similar site or a private golden account for a user and falsely attributing it to Dahab Masr platform or using the fake mail, site or private account in a matter that harms attributed to him.
10. Laws, regulations, and executive decisions issued by the competent authorities in the Arab Republic of Egypt, given that the service provider is subject to the jurisdiction of Egyptian law, or the laws, regulations, or executive decisions of the home of the user of the golden account.

2-7 "Dahab Masr Platform" is the electronic platform established by the Dahab Masr Company, on the domain dahabmasr.com. It is an Egyptian limited liability company registered in the commercial register under No. 173033 Cairo Investment, inside or outside Egypt.

2-8 “Silver” means 999 karat silver, which is provided by Dahab Masr Platform under the commercial name registered for it “Dahab Masr” or another commercial name contracted with by the platform, as well as its partial units that are less than one gram, and stamped by the Stamp and Weights Authority.

3-1 Dahab Masr platform provides electronic buying and selling services for gold locally or globally, safekeeping services for the benefit of users, physical delivery of gold for their benefit, and all related services, in addition to carrying out all legal actions on behalf of users, which are mentioned, for example, but not limited to operational leasing  Or mortgage, sukuk , securitize, use or invest in different forms and other forms of investment or legal disposals in gold, according to what the platform provides in terms of those aspects in the future to deal with it electronically.

3-2 Gold or silver is offered for sale, purchase, or other aspects of the actions mentioned in the previous paragraph through Dahab Masr platform and under its brand name, and the platform facilitates electronic payment collection services according to the various payment systems through agreement with other partners to provide collection services under contracts  A separate agreement, and Dahab Masr  platform does not bear   any errors or obstacles that respond to the payment collection services, as the responsibility remains related only to the payment collection service provider contracted with and chosen by the user.

3-3 The user's mere approval of the electronic purchase and sale agreement, then it is cut off by an undeniable presumption that he acknowledges and agrees to all the terms and conditions contained therein.

3-4 Dahab Masr platform does not guarantee any returns on buying or selling through the platform, whether directly or indirectly, and the user is solely responsible for all operations and actions conducted through the platform, including the necessary due diligence and proper analysis before making his decision.  By acting, and full responsibility lies with him for what results from that action, profit or loss, without the slightest responsibility resting with Dahab Masr Platform.

3-5 Dahab Masr begins to provide the services conducted by the platform as soon as the golden account is created, and all the legally required data are provided in accordance with the conditions related to the KYC system.

3-6 The user acknowledges that he is not registered with value-added tax or goods and services according to the law of the country to which he is subject, and in the event of registration, he is obligated to inform  Dahab Masr platform of his registration status in the tax system within his country in order to avoid issues of international or local double taxation, in addition to providing it with all supporting papers and documents  Accordingly, especially the registration documents or not, if requested by the platform.

4-1 The user has the right to request taking measures to preserve and store gold from Dahab Masr platform with a legally licensed entity in accordance with the Egyptian law, in exchange for storage services fees determined according to the nature and price of the purchased quantity, according to a subsequent electronic or paper agreement between Dahab Masr Platform and the user.

4-2 Dahab Masr platform has the full right to withhold physical gold from delivery to the user in exchange for it charging all the agreed fees and reasonable expenses spent in exchange for that.

4-3 Dahab Masr Platform may take measures to preserve the gold by depositing it in one of the safes in Egyptian banks or companies authorized to do so at the expense of the user.

4-4 Dahab Masr platform or the party obligated to preserve and store may sell the gold owned by the user in all possible ways if the user is late in acquiring the gold or paying the custody fees, provided that an electronic notification is sent to the user’s gold account with the determination to proceed with the sale.

4-5 Dahab Masr Platform or the party committed to custody may deduct from the value of the sold gold an amount equal to the custody expenses and fees.

5-1 The user is obligated, before initiating the processes of forming purchase and sale contracts and other legal actions presented on Dahab Masr platform, to create a special gold account called the “Golden Account” for the user, according to the meaning mentioned in Paragraph 2-3, and the user must follow the procedures the systematic electronic system to create the golden account on the platform, and he/she must send all the data, information and official documents that Dahab Masr  platform requests from him/her  to determine his/her  true identity in order to digitally check it with it or with any party contracting with Dahab platform to provide all services related to gold, especially the national identity or  Passport, commercial registration certificate, tax registration certificate, or other required official documents and papers. Dahab Masr platform shall have the right to keep all documents, documents, information, electronic, digital, and physical data of the user, save them, and inform the competent regulatory authorities about them if they are requested or requested to view them, and the user acknowledges the permission for the platform to carry out identity verification procedures with the official authorities inside or outside Egypt.

5-2 Dahab Masr platform may close the user’s golden account if the golden account data mentioned in paragraph 2-4 is incorrect, misleading, or falsely attributed to another person or entity, and it is entitled to require compensation as a result of contractual violations by the obligation to specify the user’s identity specifically sufficient in violation of what is required by government regulatory procedures and instructions, as well as  fraud in the contract committed by the user, and it has the right to seize the gold deposited with it or with any other party and seize it as an executive seizure under a temporary seizure order from the authority of the arbitral tribunal, as well as seize all accounts.  The user's banking system, as a guarantee for the legal claims of Dahab Masr platform before the arbitral tribunal.

  The user is obligated to maintain the confidentiality of his golden account data, and bears absolute responsibility in all operations conducted through it, and is obligated to notify Dahab Masr platform of any illegal use of the golden account data or any breach or penetration of the electronic security or encryption protection systems.  Dahab Masr releases you from any liability arising from this illegal use or breach or non-compliance with the confidentiality of the private golden account.

 7- 1 Any request from user  to conclude a contract replaced by gold, including any of the legal actions provided by Dahab Masr platform , in particular the sale or purchase by the user, in addition to other legal actions, including, for example, rent, usufruct or  Securitization, sukuk , mortgage or other legal dispositions, whether permitted within the Arab Republic of Egypt or with any country in the world, provided that the request is directed accurately to the Egyptian gold platform, and is sufficiently specified in terms of the required quantity, weight and price, with an indication of the direction of  The intention of the positive, which is the platform that Egypt went to abide by in the event of acceptance.

7-2 The user’s request to dispose of the gold directed to Dahab Masr platform is only considered an invitation to offer, unless the user from whom the request was issued has clearly stated his intent to the contrary.‏

7-3 The offer has its legal effect when the actual electronic notification reaches the Dahab Masr platform

7-4 The offer may be withdrawn by the user through the golden account, even if it is irrevocable, if the withdrawal of the offer reaches the platform before or at the time of its arrival.

7-5 It is permissible to retract the offer until the conclusion of this electronic contract if the retraction of the offer reaches Dahab Masr platform before the platform sends the acceptance to the user.

7-6 It is not permissible to revoke the offer if it is clear from it that it is irreversible, and that is if an instantaneous change occurred in the price of gold as a result of an increase in the demand for buying gold at the moment in which the offer was issued.

7-7 The offer is forfeited, even if it is irrevocable, when its rejection by Dahab Masr platform reaches the user.

7-8 Any statement or action by Dahab Masr platform, whether by sending an electronic notification or any notification by any other means, is considered acceptance of the offer. As for the platform’s silence or failure to take any action, neither of them in itself is considered acceptance.

7-9 The acceptance of the offer takes effect from the moment the user receives what indicates approval, and the price at which the offer and acceptance is concluded is the price of the timing of sending the acceptance notice by the platform to the user according to the gold price screen listed on the platform’s website and the user’s gold account.

7-10 The user may specify a period of time to require acceptance by Dahab Masr platform during the affirmative request, and in the event that the acceptance is not sent within the period specified by the user, then the acceptance does not have an effect.

7-11 In the event that the user sends the offer and pays the price - and on the condition that he obtains prior approval of the golden account data and confirms it by Dahab Masr Platform - without notifying the Egypt Gold Platform, then the acceptance will be effective at the moment in which the aforementioned disposition takes place, provided that the offer and the price take place in The timing of their occurrence without an interval of two minutes between them.

7-12 If the response to the offer leads to acceptance, but it includes amendments, additions or limitations, it is considered a rejection of the offer and constitutes a counter offer.

7-13 If the response to the offer turns into acceptance and includes complementary or different elements that do not lead to a fundamental change in the offer, then it constitutes acceptance unless the user, without delay, not exceeding four minutes, objects to that verbally or sends a notification in this regard, and if the user does not object to as mentioned, the contract includes what was stated in the offer with the amendments that came in the form of acceptance

7-14 Additional or different conditions related to the price, quality, quantity, place or date of delivery of the gold, or what is related to the extent of the responsibility of one of the parties towards the other party. These matters are considered to lead to a fundamental change in what was stated in the offer formula.

7-15 The period specified by the user for acceptance in the message sent to Dahab Masr platform starts from the moment the offer reaches the Dahab Masr platform.

7-16 The late acceptance takes effect if Dahab Masr platform without delay notifies the user to electronically notify him in this regard.

7-17 Acceptance may be withdrawn if the withdrawal request reaches the user before or at the same time as the acceptance takes effect.

7-18 The contract is concluded at the moment when the offer is accepted

7-19 An offer, announcing acceptance, or any other expression of intent is considered if it reaches the other party when it is notified via Dahab Masr platform electronically.

8-1-1 Dahab Masr Platform must deliver the gold to the user, the documents related to it, and transfer the ownership of the gold as required by that agreement.

8-1-2 If Dahab Masr is not obligated to deliver the gold in any other specific place, then its obligation to deliver is as follows:

1. Handing over the gold to the carrier with whom Dahab Masr contracted, to deliver it to the user, according to the statement of the receiving address specified by the user according to the offer request sent by him.
2. The gold is placed at the disposal of the user, if he does not specify a place and an address for receipt, at the headquarters of the Dahab Masr Platform shown on the website of the platform.
3. In another case, Dahab Masr platform is obligated to put the gold at the user's disposal in the place specified in the identity documents sent by the user and placed in the user's gold account data.

8-1-3 If Dahab Masr Platform delivers the gold to a carrier, then Dahab Masr Platform must deliver to the user through the platform a notice of shipment including a sufficient designation of the gold specifying its quantity, weight and price.

8-1-4 Dahab Masr Platform concludes separate contracts with gold transport companies or others, which include the conditions followed in such transportation, provided that these contracts are considered an integral and complementary part of this contract.

8-1-5 Dahab Masr Platform must deliver the gold to the user on the date specified later by it according to a notice issued to the user on the Dahab Masr platform.

 Dahab Masr Platform is committed to delivering all documents related to gold ownership to the user electronically through the Dahab Masr platform, and in paper form through shipping papers through the carrier, without charging the user any expenses or fees related to these documents only.

 8-3-1 Dahab Masr Platform is obligated to deliver the gold to the user, provided that its quantity, quality, descriptions, packaging, and packaging conform to the two notices of offer and acceptance between the user and the Dahab Masr Platform.

8-3-2 Dahab Masr  platform asks for every defect in conformity that exists at the time of transfer of the responsibility to the user, provided that if the user receives the gold, he must conform before signing the bill of lading by receipt, and in the event that the gold is found not in conformity with the policy according to what is agreed  In the notifications of acceptance and affirmation, he writes on the bill of lading his objection to the non-conformity, included with his signature, followed by his refusal to receive, provided that he sends at that moment an electronic notice to the Egypt Gold platform stating the non-conformity, to the e-mail:-  compliant@dahabmasr.com

8-3-3 Dahab Masr Platform shall not be liable for any defect in conformity if the procedures set forth in Paragraph 8-3-2 are not followed, and Dahab masr Platform shall be absolved of any liability related to conformity unless the procedures set forth in the aforementioned paragraph are followed.  The user loses the right to hold on to the defect - if any - if he does not follow the procedures stipulated in advance.

8-3-4 In the event that the user insists on non-conformity in accordance with the procedures stipulated in Paragraph 8-3-2, Dahab Masr platform must supply an alternative gold to the user other than the objected and non-conforming gold according to the notice of acceptance and offer, or supply the missing gold in the event that the non-conformity is related to a decrease in the agreed quantity, all of this without charging or adding expenses to the user.

8-3-5 The user may examine the gold himself before signing the bill of lading or through someone else, and it is permissible to request that the gold be directed to the address of a gold-examining body, provided that the user receives the gold at its address after matching and signing the bill of lading.

8-3-6 Dahab Masr platform must deliver to the user pure gold from any right or claim to others, unless the user agrees to take the gold with the existence of such a right or claim, which includes, for example, but not limited to leasing, mortgage, sukuk, or Securitization or other aspects of legal dispositions

8-3-7 Dahab Masr platform must deliver to the user pure gold from any right or claim of others on the basis of industrial or intellectual property. However, Dahab Masr platform may deliver gold subject to the industrial or intellectual rights of others, provided that there is a separate agreement on the use of the promotion right or distribution for the benefit of the owners of industrial or intellectual property rights, and the user loses this right if he does not inform Dahab Masr Platform about the right or claim of others, specifying the nature of this right or claim within ten days from the date of receiving the gold.

8-4-1 A breach of these Terms by one of the parties is a fundamental breach, if it causes harm to the other party, which would essentially deprive him of what he was entitled to expect to obtain, unless the breaching party did not foresee such a result, no one but the perceptive of the same connection would have expected such a result in such circumstances.

8-4-2 The announcement of the termination of the sale or purchase shall have no effect unless it is made by electronic notification on Dahab Masr platform addressed to the other party.

8-4-3 The user may rescind the sale in the event of non-delivery if delivery is a basic requirement based on the offer and acceptance notices, within the period agreed upon, as well as the additional period specified later on based on another notice.

8-4-4 The user loses the right to rescind it if the user receives the gold, whether on the agreed date or after the date.

8-4-5 In the event that the gold does not conform to what was agreed upon in the offer and acceptance notices, and Dahab Masr Platform fixed the defect in any way, then the user may not terminate the contract or take any actions that would reduce the financial rights due to Dahab Masr Platform

8-4-6 The user may not rescind the sale or purchase or any legal disposition unless the defect in the conformity constitutes a fundamental violation related to the fact that the conformity is completely inconsistent with the fact that gold is gold, and constitutes another metal other than gold.

8-4-7 If Dahab Masr  Platform delivers a quantity of gold that exceeds the quantity agreed upon in the offer and acceptance notices, the user may receive the excess quantity or refuse to receive it, and if the user receives the excess quantity, he must pay for it according to the price specified in the offer and acceptance notices or return it for Dahab Masr  platform with the same specifications, otherwise it will be subject to legal accountability, in addition to the right to compensation in favor of Dahab Masr platform.

9-1 The user must pay the price of the gold first, whether it is received or kept with Dahab Masr Platform

9-2 The gold price is determined on the basis of the price specified on Dahab Masr platform and announced on its website and electronic screen without any other price, and the user is committed to the specified price without dispute or invoking any other price system for gold.

9-3 The user's obligation to receive includes that he/she performs all acts that can reasonably be expected of him/ her to enable Dahab Masr Platform to perform the delivery, or receive the gold.

9-4 In the event that the user refuses to receive the gold and pays the price and the gold conforms to what was agreed upon in the offer and acceptance notices, Dahab Masr platform must deposit the gold with it, provided that it takes the following actions:

1. An announcement that the gold has been offered to the user by a bailiff according to the requirements of the Egyptian Procedure Law in Articles 487 and 488, specifying a date for receipt and its location at the headquarters of Dahab Masr Platform, which is installed on the aforementioned website.
2. In the event of failure to appear for receipt at the date specified in the offer notice by the bailiff, Dahab Masr Platform has the right to request from the judge of urgent matters in the Economic Court in Cairo a license to deposit gold on Dahab Masr Platform, with monthly preservation expenses estimated at 200 pounds per gram of gold, and this value is deducted from the weight of the deposited gold. If the value of the custody fees exceeds the amount of gold deposited or one gram of it, then it is reduced from the amount of gold deposited and its ownership is transferred to Dahab Masr Platform.

9-5 The sale agreement is considered to be rescinded on its own with an explicit rescinding condition, if the user does not fulfill his obligation to receive the gold in accordance with the previously mentioned conditions, and Dahab Masr Platform has the right to impose compensation estimated at the amount of the loss incurred by Dahab Masr Platform, and the gain that was lost as a result of the violation, nor  The compensation may exceed the value of the lost profit and loss on Dahab Masr  platform.

9-6 By rescinding the sale, Dahab Masr Platform will be released from the obligations arising from this agreement, without prejudice to any compensation due to it.

 The implementation of the obligations imposed on Dahab Masr platform falls, and it is absolved from any legal liability arising from it, if a force majeure exists in accordance with the meaning of paragraph 2-6 of these conditions.

10-1 The user acknowledges that the money (cash or gold assets) related to the purchase of gold assets from the first party for investment stems from legitimate sources, in particular what is required by Article 2 of the Anti-Money Laundering Law in the prohibition of money laundering obtained from crimes of cultivation and processing of plants and jewels.  Narcotic substances, their import, export and trafficking in them, crimes of hijacking means of transport and detention of persons, crimes in which terrorism - as defined in Article (86) of the Penal Code - or its financing is among its purposes or means of implementation, and crimes of importing, trading in and manufacturing weapons, ammunition and explosives without a license  Crimes stipulated in Chapters One, Two, Three, Fourteen, Fifteen, and Sixteen of Book Two of the Penal Code, money theft and rape crimes, debauchery and prostitution crimes, antiquities crimes, environmental crimes related to hazardous materials and waste, and organized crimes referred to in international conventions that   Egypt is a party to it, and all of this whether the money laundering crime or the aforementioned crimes occurred at local  or abroad, provided that it is punishable by   both Egyptian and foreign laws.

10-2 Dahab Masr platform shall verify the due diligence procedures issued by the Anti-Money Laundering Unit with regard to the policy of accepting customers, identifying the identity of customers and real beneficiaries, updating data, and continuous monitoring of golden investment operations and sources of invested funds, and it may obtain identification data  and the legal statuses of the second party and the real beneficiaries of natural and legal persons, through accepted official or customary means of proof and recording the data of this identification.  Dahab Masr platform may not open investment accounts, link deposits, or accept unknown funds or deposits, or with fictitious or fictitious names.

10-3 Dahab Masr  platform has the right to apply enhanced care procedures towards the user , and the  user acknowledges and agrees to enable , if it applies the enhanced care measures - in accordance with the instructions of the Anti-Money Laundering Unit - to obtain additional information from the client that includes the size of assets or property, and obtain  Information that includes the source of the second party's funds or the source of its wealth and other enhanced diligence measures prescribed by the Anti-Money Laundering Unit

10-4 The user agrees and acknowledges the right of Dahab Masr platform to submit notifications to the Anti-Money Laundering Unit in the event that operations suspected of including money laundering operations are discovered, without the slightest legal responsibility on the shoulders of the user.

11-1 The user  undertakes during the validity of this contract or after its termination and at all times to maintain the confidentiality of information, obligations, undertakings, trade secrets, golden investment activities, and all methods of investing in gold by Dahab Masr platform, and not to use the investment methods used by Dahab Masr platform whether  Directly or indirectly - whether by itself or with any other party, and the user  bears the legal responsibility for compensation in the event of violating the confidentiality of the nature of the golden investment operations pursued by Dahab Masr platform.

11-2 Dahab Masr platform undertakes the confidentiality of the data, accounts, and transactions of the second party, and it may not reveal or disclose it except to the various tax, administrative, or judicial authorities, and it may not be disclosed to individuals or private entities or bodies except by virtue of a judicial order or ruling.

 The provisions of this contract apply to any dispute arising from the application or interpretation of this contract, and if there is no, commercial custom rules apply.

13-1 In the event of any dispute arising between Dahab Masr and the user , it shall be settled through negotiation between the two parties, provided that the confidentiality associated with the rules of this contract and the golden investment operations applied by Dahab Masr platform are not violated.

13-2 If an amicable settlement is not reached between Dahab Masr Platform and the user   , then the two parties decide to accept the settlement of the dispute through arbitration, by appointing  / .........................  An individual arbitrator, in order to issue an arbitral award to settle the dispute, in accordance with the rules stipulated in Law No. 27 of 1994, without prejudice to Article 63 of the Law.

 Judicial Authority No. 46 of 1972

13-3 The arbitration must be carried out in Cairo in accordance with the arbitration rules contained in the Cairo Regional Center for International Commercial Arbitration‏

13-4 All arbitration procedures shall be confidential, including this contract and the comprehensive facts of the subject matter of the dispute, and it is not permissible to disclose contracts or papers to any arbitration body or judicial body other than what was agreed upon in Clause 14-2 of this contract.‏

13-5 The arbitral award shall be final and binding on both parties.