english
What is e-dinar?
Advantages
Using e-dinar
Fees
Terms and conditions
Please read the following terms and conditions carefully
USER AGREEMENT FOR HOLDERS OF E-DINAR AND E-DIRHAM ACCOUNTS TERMS AND CONDITIONS THIS AGREEMENT SETS FORTH THE TERMS AND CONDITIONS UNDER WHICH E-DINAR LTD WILL PROVIDE ITS ACCOUNT SERVICES. THIS AGREEMENT DESCRIBES YOUR RIGHTS AND OBLIGATIONS WHEN USING THESE SERVICES AND REPRESENTS A BINDING AGREEMENT BETWEEN YOU AND E-DINAR LTD AND YOU MUST THEREFORE READ IT CAREFULLY AND BE SURE YOU UNDERSTAND THESE TERMS AND CONDITIONS. CREATION OR USE OF E-DINAR OR E-DIRHAM ACCOUNTS SIGNIFIES YOUR ACCEPTANCE TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. PLEASE NOTE CAREFULLY YOUR SECURITY DUTIES. SEE CLAUSE 2.4 BELOW. IF YOU BREACH ANY OF YOUR SECURITY DUTIES YOU MAY BE LIABLE FOR TRANSACTIONS EVEN IF YOU DID NOT AUTHORISE THEM. SEE CLAUSE 4 BELOW. E-DINAR LTD., THE ISSUER, IS ESTABLISHED IN LABUAN (MALAYSIA) E-DINAR FZ-LLC., THE OPERATOR, IS ESTABLISHED IN DUBAI (UAE) TRANSGUARD, OUR REPOSITORY AND ESCROW AGENT, IS ESTABLISHED IN DUBAI (UAE) THE PARTIES TO THIS AGREEMENT ARE THE ISSUER AND YOU. 1. Definitions of Terms and Interpretation ------------------------------------------ 1.1 In this Agreement, the following terms shall have the meaning set next to it, unless the context otherwise requires: 'Agreement' means this User Agreement for Holders of E-dinar and E-dirhams account which meaning shall include the Terms; 'Available Balance' means the total balance of a particular e-dinar or e-dirham account minus accrued Storage Fee (as being defined under Clause 6.3.1 hereof) obligations; 'Bailment' means delivery by User to Issuer of certified good delivery gold bullion bars in exchange for the issuance of e-dinar;'e-dinar' is a protected trademark registered under the Madrid Protocol; 'e-dinar payment service means the E-Dinar family of electronic payment units consisting of e-dinar and e-dirham. Please note that: - e-dinar and e-dirham are two independent payment units (the first is based on gold the other is based on silver) - one e-dinar unit and one e-dirham unit have different values, and their mutual exchange rate fluctuates relative to the changes in the value of gold and silver. - all e-dinar in circulation are at all times 100% backed by physical gold Dinar coins and/or its equivalent value in gold bullion bars. - all e-dirham in circulation are at all times 100% backed by physical silver Dirham coins and/or its equivalent value in silver bullion bars. - The equivalence between the coins (dinar and dirham) and bullion bars (gold and silver) is determined daily by E-Dinar Ltd. based on the market value of the coins in relation to the fluctuating value of gold and silver bullion. - The bullion and coins backing the e-dinar payment service are held in trust by E-dinar Ltd., a Labuan Corporation, for the exclusive benefit of all e-dinar and e-dirham account holders collectively. - E-dinar payment service balance is denominated in dinar and dirham, is accounted by weight, and constitutes title to that precise fine weight of bullion. - On demand, e-dinar is redeemable to the User in gold dinar coins while e-dirham is redeemable to the User in silver dirham coins, subject only to the conditions specified in this User Agreement. Issuer will redeem e-dinar and e-dirham only with the denominations of coins already in inventory; 'E-dinar Payment Service' is the service provided by us to you which is described in the Terms and by which you may access information and give us Instructions with respect to certain of your accounts with us. We may make additional functions available to you such as telephony services or the ability to apply for new accounts; 'E-dinar Payment System' means the totality of e-dinar and e-dirham services; 'Escrow Agent' means an independent entity on which the Issuer has no control that will be appointed by Issuer to maintain control over the disposition of and to attest to the quantity of all bullion and coins held in allocated storage and comprising the 100% backing; 'Instruction' is any request or instruction to us, which is effected through the E-dinar Payment Service by use of a password; 'Issuer 'means E-Dinar Ltd, a Labuan Corporation; 'Operator' means e-DINAR FZ-LLC, a Dubai Corporation which is appointed by Issuer to operate website / transaction / database servers, to maintain server and network security, and to conduct day-to-day business transactions; 'Password' means the code consisting of letters and numbers adopted by you for accessing the E-dinar Payment Service. The Password is a series of characters, known only to you, deemed of suitable complexity as determined from time to time by Issuer. For purposes of this Agreement, Password also refers to other authentication mechanisms to which User and Issuer mutually agree; 'Permissions' means account access privileges granted by Primary User to designated additional Users. Unless Primary User specifically limits permissions, such additional Users have the same privileges as Primary User with certain exceptions, including, but not limited to (1) the ability to reassign Primary User status and (2) the ability to close the account; 'Primary User' means the User that creates an e-dinar or e-dirham account. Primary User is the owner of the account from the perspective of Issuer. Primary User may add additional Users to the account. The Issuer shall treat all such additional Users as delegates of Primary User; 'Redemption' means delivery of gold dinar coins respectively silver dirham coins to User upon surrender of an equivalent amount of e-dinar respectively e-dirham by User to Issuer; 'Repository' means the entity or entities that hold the certified good delivery bullion bars and coins in allocated storage subject to dual signed instructions from Issuer and Repository Agent. - the e-dinar repository comprises at all times at least 20% of its total deposit in gold Dinar coins of various denominations and the rest in its equivalent amount of gold bullion. - The e-dirham repository comprises at all times at least 20% of its total deposit in gold Dirham coins of various denominations and the rest in its equivalent amount of silver bullion; 'Spend' means the act of transferring value between accounts in fulfillment of a payment order entered by User. Spends may not exceed Available Balance; 'Terms' means these terms and conditions and any supplementary terms and conditions which we notify to you pursuant to Clause 10 hereof, as amended from time to time; 'User' means any user accessing e-dinar or e-dirham accounts with permissions granted by Primary User, including the Primary User; 'User Guide' means the guidance and information set out on screen in the 'User Guide' or 'Help' pages of the E-dinar Payment Service and all other guidance issued by us in connection with the E-dinar Payment Service, as amended from time to time; References to 'you', 'your' and 'yours' are references to the person requesting to have an account with E-Dinar Ltd. and accepted by E-Dinar Ltd. to have such account. References to 'we', 'us' and 'our' are references to E-Dinar Ltd.. 1.2 In this Agreement, unless the context otherwise requires: 1.2.1 a reference to any document is a reference to that document as varied, notated or replaced from time to time; 1.2.2 the singular includes the plural and vice versa; 1.2.3 a reference to a person or entity includes a natural person, a partnership, corporation, trust, association, an unincorporated body, authority or other entity; 1.2.4 a reference to a person includes that person's legal personal representative, successors and permitted assigns; and 1.2.5 Headings have been inserted for convenience only and shall not affect the interpretation of this Agreement. 2. Conditions of Use ------------------------------------------ 2.1. General Acknowledgment You acknowledge that e-dinar payment service is not a banking operation because: (i) the e-dinar payment service does not create or issue credit against the bullion deposits; (ii) there is no overdrafts or advances on the account as in typical banking operations; (ii) no securities, paper money or other liabilities are used to back the payment system, only gold and silver coins and bullion; (iv) the e-dinar payment service is designed to be free from any form of interest or usury. Yet, e-dinar Ltd may reach agreements with other banks or financial institutions to provide its e-dinar payment services to their clients without altering those fundamentals described above. 2.2 User Obligations If several Users have access to a particular account, you agree that all User obligations under this Agreement are joint obligations of all users with greater than read-only access to that particular account. 2.3 Identifying Information You undertake to provide the Issuer with true, accurate, current and complete identifying information for purposes of authentication as determined from time to time by the Issuer. You also agree to maintain and promptly update such identifying information to keep it true, accurate, current and complete. If You provide any identifying information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such identifying information is untrue, inaccurate, not current or incomplete, we will have the right to suspend or terminate your account and refuse any and/or all current or future use of the E-dinar Payment Services. 2.4 Your Security Duties (Protection of password) 2.4.1. You agree to comply with the Terms and any security procedures mentioned thereof. 2.4.2. You must keep your Password secure and secret at all times and take steps to prevent unauthorised use of it. This means that you undertake the following obligations: - never write or otherwise record the Password in a way that can be understood by someone else; - never tell the Password to someone else including our staff, unless you are resetting your Password; - destroy any advice from us concerning your Password promptly after receipt; - avoid Password which may be easy to guess such as your name or family names, place of birth, telephone numbers, dates of birth etc; - never record your Password on any software which retains it automatically (for example, any computer screen prompts or 'save password' feature or any similar function on your internet browser); - keep your Password in a safe place at all times. 2.4.3 Once you have logged on to and accessed your e-dinar account, you must not leave the terminal or other device from which you have accessed e-dinar website at any time or let anyone else use it until you have logged off the e-dinar website. You will be responsible for ensuring that you have logged off your e-dinar account at the end of any session. 2.4.4 You agree to immediately notify us of any unauthorised use of your Password, any unauthorised access to your e-dinar account, any unauthorised transaction or Instruction which you know of or suspect or if you suspect someone else knows your Password. In such case you must change your Password immediately to one that you have not used before. 2.4.5 You are responsible for maintaining the confidentiality of your password and fully responsible for all transactions that occur under your Password, regardless of whether or not such transactions are authorized by you. We will not be liable for any loss or damage arising from an unauthorized use of your password. 2.4.6 You agree to check carefully your records of transactions and statements of accounts and inform us immediately of any discrepancy. 2.5 Processing your Instructions 2.5.1 You request and authorise us to (a) rely and act upon all apparently valid Instructions as Instructions properly authorised by you, even if they may conflict with any other mandate given at any time concerning your accounts or affairs and (b) debit your accounts with any amounts we have paid or incurred in accordance with such Instructions. 2.5.2 An Instruction will only be accepted by us if it has been effected through E-dinar Payment Service using an appropriate Password but we will not further check the authenticity of an Instruction. 2.5.3 You agree that we can act on any Instructions given to us including deducting money from your account even if these Instructions were not authorised by you. 2.5.4 We may refuse to act on an Instruction, for example if a transaction exceeds a particular value or other limit, or if we know of or suspect a breach of security. Please refer to the User Guide for details of the limits imposed upon transactions carried out through the E-dinar Payment Service. 2.5.5 We are not liable for any failure, delay or other shortcoming by any third party with whom you have accounts or otherwise when they are executing our instructions to them howsoever caused. 2.5.6 We may suspend any service provided to you under the E-dinar Payment Service without notice where we consider it necessary or advisable to do so, for example to protect you when there is a suspected breach of security or we need to suspend the E-dinar Payment Service for maintenance or other reasons. 2.5.7 We will use reasonable efforts to inform you without undue delay through the E-dinar Payment Service, and/or our web site(s) if any service under the E-dinar Payment Service is not or no more available. 2.5.8 We will make reasonable efforts to modify, not process or delay processing any Instruction where you request us to do so but we shall not be liable for any failure to comply with such a request unless it is due to our failure to make reasonable efforts to do so. 2.5.9 You must make sure that any Instruction is accurate and complete and we are not liable if this is not the case. 2.6 Irrevocability of Spends 2.6.1. You agree that all Spends initiated with a valid Instruction are final and not reversible. 2.6.2. You are responsible for all Spends from your e-dinar or e-dirham accounts, even if the Instructions provided by you are incorrect. 2.7 Disputes Between Users 2.7.1. Any disputes that arise between Users are not the responsibility of the Issuer. 2.7.2. User acknowledges that the Issuer is not an escrow service, and that the Issuer does not make any guarantees regarding purchases made when using e-dinar payment services. User acknowledges that the Issuer does not ensure the quality, safety, or legality of any merchandise received, nor that the seller will even ship the merchandise. 2.8. Indemnification You undertake to indemnify and hold harmless the Issuer and/or its agents, affiliates, subsidiaries, officers, directors and employees and keep them so indemnified against any claims, actions or demands (including without limitation counsel fees and expenses), alleging or resulting from your use of the E-dinar Payment Service, your breach of the Terms or your violation of any rights of third parties, including without limitation, any proprietary or intellectual property rights except for any loss caused by negligence or willful misconduct of the Issuer. 3. Obligations of Issuer ------------------------ We shall honor the following obligations: 3.1 Reserve Requirement 3.1.1. All e-dinar payment units in circulation shall at all times be backed 100% with certified good delivery bullion bars and gold dinar and silver dirham coins in allocated storage. On demand, e-dinar is redeemable to the User in gold dinar coins while e-dirham is redeemable to the User in silver dirham coins, subject only to the conditions specified in this Agreement which is the only valid agreement between Issuer and User. 3.1.2. Under no circumstances will the Issuer abrogate its obligation to back all e-dinar with (at least) 100% reserve of unencumbered bullion bars and gold dinar respectively silver dirham coins. 3.2 Conditional Bailment The Issuer will accept Bailment in accordance with the procedures and restrictions stipulated by the Issuer and the Escrow Agent. 3.3 Conditional Redemption The Issuer will redeem e-dinar payment subject to these conditions: 3.3.1. Redemption medium The Issuer will redeem e-dinar respectively e-dirham only with denominations of gold dinar respectively silver dirham coins already in inventory. If, for example, the Issuer is holding only 4 dinar and 8 dinar coins, redemption demands for e-dinar specifying other denominations will not be honored. 3.3.2. Threshold redemption quantity The Issuer reserves the right to specify a minimum quantity for redemption. This minimum is subject to change, with advance notice, at the sole discretion of the Issuer. In no case will the minimum be less than the lowest denominated coin held in storage. 3.3.3. Shipping/Handling and Premium The Issuer reserves the right to charge fees for shipping, handling and insurance incident to delivery in fulfillment of redemption orders. 3.3.4. Right of Redemption Except as provided in Section 4.6.1, the Issuer will not attempt to suspend or revoke User's conditional right of Redemption. 3.4 Transparency - The 'Escrow Agent' will maintain control over the disposition of and will attest to the quantity of all bullion and gold and silver coins held in allocated storage and comprising the 100% backing - The 'Repository Agent' will securely store the physical bullion and gold and silver coins in allocated storage - E-dinar Payment Service will regularly publish the reports of the Repository Agent and the Escrow Agent on its web site. 3.5 User Interface The Issuer will ensure that a secure online User interface is made available. 3.6 Exchange Rates Strictly for your convenience, we allow Spend order entry in terms of national currency units using an exchange rate specified by us. If a national currency unit is used for specification of payment, a calculation will be applied to determine the amount of e-dinar respectively e-dirham conveyed, using our posted exchange rate. Posted exchange rates are only for your convenience. We do not make a market for exchange and we do not represent that anyone will make a market honoring the specified exchange rates. 3.7 Privacy 3.7.1. We will produce and maintain a Privacy Policy, which will be made publicly available on our website. In the event of any conflict between the Privacy Policy and this Agreement, the terms of this Agreement will prevail. 3.7.2. Unless (1) otherwise approved by you or (2) ordered by a court or arbitration body of acceptable jurisdiction, as determined by us, we will not reveal your contact or identifying information or transaction history to any third party. 3.7.3. We will not store your Password in plaintext. No employee of the Issuer will ever ask for your Password. 4. Your Liability for Unauthorised Transactions ----------------------------------------------- 4.1 You agree that, in the event of the loss or misuse of your Password, the Issuer disclaims all liability for such loss. You undertake to indemnify and hold harmless the Issuer and/or its agents, affiliates, subsidiaries, officers, directors and employees and keep them so indemnified for relying on transactions authorized using your Password prior to such time as you notify us that your Password has been compromised. You acknowledge and accept that in the case of a claim of unauthorized Spends, the presumption shall be that all Spends are authorized by you and are your liability. You understand and agree that we are not responsible for losses incurred by you as the result of your misuse of a Password. You agree that any action taken by any person using your Password shall be binding on you and all other parties with an interest in that account. 4.2 You will be responsible for all losses (including the amount of any transaction carried out without your authority) if you have acted with gross negligence so as to facilitate that unauthorised transaction, or you have acted fraudulently. For the purposes of this Clause 4.2 gross negligence shall be deemed to include failure to observe any of your security duties referred to in these Terms. 4.3 Once you have notified us of any unauthorised access to the E-dinar Payment Service or unauthorised Instruction or that you suspect that someone else knows your Password, you will not be responsible for any unauthorised Instructions carried out after we have had reasonable time to suspend your e-dinar account unless we can show you have acted fraudulently. 5. Our Liability to You ----------------------- 5.1 We will take reasonable care to ensure that any information provided to you by the E-dinar Payment Service is an accurate reflection of the information contained in our computer systems or, where the information is provided by a third party, accurately reflects the information we receive from that third party. Due to the nature of the product and circumstances beyond our control, we do not warrant that the information provided by E-dinar Payment Service is accurate or error free. Some of the information available through the E-dinar Payment Service may be identified on the screens or in the User Guide as subject to a disclaimer or other provisions. Your reliance on such information is subject to the disclaimer or those provisions. 5.2 You agree that unless we have specifically agreed with you otherwise, we shall have no liability whatsoever for (a) any equipment, software or associated user documentation which any party other than us produces at any time for use in connection with the E-dinar Payment Service or (b) any services through which you access the E-dinar Payment Service or which you access through the E-dinar Payment Service which are not controlled by us. 5.3 In no event shall the Issuer be liable to you or to any party for any damages including without limitation, any direct, indirect, special, punitive, incidental or consequential damages, or any other damages arising in any way, share or form, out of the availability, use, reliance on, inability to utilize or improper use of E-dinar Payment Service or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure even if the Issuer is advised of the possibility of such damages, losses or expenses. Our liability will not exceed in any circumstances, the fees paid by you pursuant to Clause 6.3 hereof. All implied warranties and undertakings are hereby excluded to the maximum extent permitted by law. We will not be liable for any delay or non performance of E-dinar Payment Service arising from any cause beyond our reasonable control such as, but not limited to, technical breakdown, strikes or other industrial action (whether or not involving our employees) or communications or power failure. 6. Rights of the Issuer ----------------------- The Issuer reserves the following rights: 6.1 Governance Model The Issuer reserves the right to appoint third parties to fulfill specified governance roles, including, but not limited to: (1) Escrow Agent, (2) Operator, and (3) Repository Agent. 6.2 Value Limits The Issuer may set the value limit on the balance in an e-dinar respectively e-dirham account based on the sufficiency of the identifying information provided by the User. The Issuer may restrict the User's ability to use more than one e-dinar respectively e-dirham account in an attempt to circumvent this limit. 6.3 Fees The Issuer reserves the right to assess and collect the following fees from the User's account: 6.3.1. Storage Fee - collected by the Issuer in periodic installments based on average daily balance during the interval since previous Storage Fee assessment. 6.3.2. Spend Fee - deducted by the Issuer in e-dinar respectively e-dirham from the recipient account of a Spend. 6.3.3. Other Administrative Fees - collected by the Issuer for providing support to the User when the User contacts the Issuer and the Issuer is not at fault. 6.4 Escheat The Issuer will not escheat inactive e-dinar or e-dirham accounts. An inactive account with a balance shall remain dormant forever, other than continued assessment of fees, unless and until an heir presents valid documentation entitling the heir to inherit the account. 6.5 Force Majeur The Issuer will not be responsible for delays or failures in the transmission, receipt or execution of Instructions, orders, payments, deliveries or information due to an event of Force Majeur. In this Agreement, 'Force Majeur' shall mean any cause preventing the Issuer from performing any or all of its obligations which arises from or is attributable to acts, events, omissions or accidents beyond the reasonable control of the Issuer so prevented ,including without limitation strikes, lock-outs or other industrial disputes, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, fire, flood or terrorist attack. 6.6 Right of Association The Issuer reserves the right to refuse service to particular individuals or entities, at its sole discretion, with or without cause. 6.6.1. Refusal with Cause The Issuer will block any transactions that increment or decrement the balance in the User's e-dinar or e-dirham account ("Freeze²), with cause: 6.6.1.1. The Issuer will Freeze e-dinar and e-dirham accounts of the User if User uses, or attempts to use the E-dinar Payment Service in connection with tampering, cracking, modifying or otherwise corrupting the security or functionality of the E-dinar Payment Service. Additionally, the User will be subject to damages and other penalties, including criminal prosecution where available and the notification of the general public of the User's actions, at the sole discretion of the Issuer. 6.6.1.2. The Issuer will Freeze or remove a Freeze from e-dinar or e-dirham accounts, if ordered to do so by an order from a court or arbitration body of acceptable jurisdiction, as determined by the Issuer. 6.6.1.3. Storage Fee will continue to be assessed on a frozen account. 6.6.2. Refusal without Cause If the Issuer refuses service to the User without cause the Issuer will do so by adjusting value limit, but the Issuer will not Freeze the account. 6.7 The Fusion Codicil We reserve the right to stop issuing additional e-dinar or e-dirham by ceasing to accept bailment of additional bullion. This extraordinary provision will be triggered only in the event that lower cost or more efficient physical methods of extraction or transmuting the bullion that comprise the reserves of the e-dinar system result in subsequent non-scarcity of those elements. 7. E-dinar Account Records and Transaction Terms ------------------------------------------------ 7.1 Our records, unless shown to be wrong, will be evidence of your dealings with us in connection with the E-dinar Payment Service. 7.2 You agree not to object to the admission of our records as evidence in any legal proceedings because such records are not originals, are not in writing or are documents produced by a computer. You further agree that the fact that these records are in electronic form does not affect in any way their validity or enforceability. 7.3 Where you give us an instruction or request a transaction through the E-dinar Payment Service the Terms will apply in addition to the existing terms in respect of your dealings with us either in respect of particular accounts or products or generally. In the event of any inconsistency the Terms will apply. 8. Copyrights, Trademarks and Copying Materials ----------------------------------------------- 8.1 All content on our internet web site(s) through which you access the E-dinar Payment Service (the "Site²) , such as text, graphics, logos, icons, images, audio or video clips, software, site design and the selection and assembly of them (collectively the "Materials'), are the sole property of the Issuer, its content providers, suppliers or partners. Such property is protected by the applicable copyright laws. Except as otherwise required by applicable law, any download, copy, reproduction, modification, distribution, publication, transmission, transfer, sale, license, display, performance or adaptation of the Materials is strictly prohibited. 8.2 All trademarks, service marks, and trade names (the "Marks²) on our Site are proprietary to us or other respective owners that have granted us the right and license to use such Marks. These Marks may not be used in connection with any service other than our services. The Marks may not be used in any manner that disparages or discredits the Issuer. The Marks may not be used in any manner not expressly authorized by the Issuer. We retain all right, title, and interest in and to Marks. You shall only use the Marks with our written permission. Under no circumstances you may alter, modify, or change the Marks. 8.3 Any rights not expressly granted herein are reserved. 9. Supplementary Terms, Changes to and Termination of the Agreement and the Site -------------------------------------------------------------------------------- 9.1 You are liable for any telephone charges and any charges made by your Internet Service Provider as a result of your use of the E-dinar Payment Service. 9.2 The Site or screens through which you access the E-dinar Payment Service are subject to change by us. Unless we have specifically agreed to give a prior notice to you we may make such changes (including changes to layout) without notification to you. 9.3 We may modify the Terms from time to time. You are responsible for regularly reviewing the Terms and additional terms posted on our Site. Your continued use of the E-dinar Payment Services constitutes your agreement to all such modifications. If we make a change to your advantage we may make the change immediately and notify you of such change within 30 days. If the change is neither to your advantage nor disadvantage we will give you 30 days notice before making such change following which such change will be effective. If the change is to your disadvantage we will give you 30 days notice before such change is made and in such event you may terminate this Agreement, at any time up to 60 days from the date in which such changes were notified to you, without giving a notice to us. You will not have to pay any additional charges during this period. 9.4 You may terminate this Agreement at any time if you change your mind. This will not affect any rights or liabilities accruing to either party before this Agreement is terminated. 9.6 The Issuer reserves the right, in its sole discretion, to terminate this Agreement or your access to the E-dinar Payment Services or any portion thereof, at any time, without notice. 10. Agency, Notices and Links to other Web Sites ------------------------------------------------ 10.1 We may at any time appoint one or more agents to provide all or any part of the E-dinar Payment Service and references to 'we', 'us' or 'our' will include references to such agents. 10.2 All notices to be given by us to you under the Terms (including any amendments to the Terms) may be given in writing or by e-mail or electronically through the E-dinar Payment Service. All such notices will be deemed to have been received by you: In the case of posting, 5 days from dispatch to the last address provided by you; In the case of notification by e-mail or e-message, 5 days from dispatch of the e-mail or e-message; In the case of notification through the E-dinar Payment Service, 5 days from the posting of the notice on the E-dinar Payment Service. 10.3 If we do not deliver the standard of service you expect, or if you think we have made a mistake please let us know and we will try to resolve matters. However, if you remain dissatisfied and would like further information on our process for resolving complaints please send us an e-mail to info@e-dinar.com and we will try to solve your complaint as soon as possible. 10.4 The Site may contain links or other connections to third party web sites. We provide these links only as a convenience to you and we do not endorse, and are not responsible for, the contents on such linked web sites. Further, we are not responsible for any virus's accesses through the said third party web sites. If you decide to access linked third party web sites, you do so at your own risk. 11. Severability ----------------- If any provision of the Terms is held invalid or unenforceable in any way, the invalidity or unenforceability of such provision shall not affect the validity and the enforceability of the remaining provisions of the Terms, which shall remain in full force and effect. Further, In the event that any provision of the Terms is determined by an arbitration body or a court of competent jurisdiction to be unenforceable in any jurisdiction, such provision shall be unenforceable in that jurisdiction and the remaining provisions of the Terms shall remain in full force and effect as if such provision was not contained therein. The enforceability of such provision shall otherwise be unaffected and remain enforceable in all other jurisdictions. 12. Waiver ---------- The failure to exercise or delay in exercising a right or remedy hereunder by the Issuer shall not constitute a waiver of such right or remedy. The rights and remedies contained in this Agreement are cumulative and not exclusive of any rights or remedies provided by law. 13. Encryption and Viruses -------------------------- 13.1 You should be aware that we use a very high level of encryption. The use of such levels of encryption and/or the E-dinar Payment Services may be illegal in some jurisdictions. It is your responsibility to ensure that, your ability to use the E-dinar Payment Services is permitted by local law and we shall not be liable for any loss or damage suffered by you as a result of not being able to use the E-dinar Payment Services in these jurisdictions. 13.2 Due to the nature of the E-dinar Payment Services, we will not be responsible for any loss of or damage to your data, software, computer, telecommunications or other equipment caused by you using the E-dinar Payment Services unless such loss or damage is directly and solely caused by our negligence or deliberate default. 14. Assignment -------------- The provisions of this Agreement shall be continuous and shall inure to the benefit of the Issuer, its successors and assigns, and shall be binding upon the User and/or the estate, personal representatives, administrators and successors of the User. The Issuer may assign its rights and delegate its duties as to any or all transactions under this Agreement. The User shall not delegate any obligations hereunder without the prior written consent of a duly authorized officer of the Issuer and any delegation without such consent shall be void. 15. Governing Law and Dispute Resolution ---------------------------------------- This Agreement shall be governed and construed in accordance with the Laws of the Emirate of Dubai and the applicable Federal Laws of the United Arab Emirates and any dispute arising out of or in connection with this Agreement and/or your use of the E-dinar Payment Services shall be referred to arbitration in Dubai before a single Arbitrator selected by the President of the Dubai International Arbitration Center of the Dubai Chamber of Commerce and Industry ("DCCI²) on the application of either party in accordance with the Commercial Arbitration and Conciliation Rules of DCCI. The language of the arbitration shall be English. 17. Validity of this Agreement ------------------------------ A printed version of this Agreement and of any notice given in electronic form shall be admissible in Arbitral or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You agree that the fact that this Agreement is in electronic form does not affect in any way its validity or enforceability. You also agree that your use of the E-dinar Payment Services signifies your acceptance of being bound by the terms of this Agreement.