Terms and Conditions for EVG Gold Trading Platform
Last updated: 15 December 2025EVG Gold Trading: User Agreement
This EVG Gold TRADING User Agreement is a contract between you, the undersigned (hereinafter referred to as “you”, “the Customer” and/or “your”) and Evergreen Digital Gold Sdn. Bhd. (hereinafter referred to as “EVG”, “we”, “us” and/or “our”) and shall govern the use of the abovementioned EVG Gold Trading Account on our platform at https://evg.gold (hereinafter referred to as the “Platform”). By using the services provided by EVG and accessing, browsing and/or using the website and/or our platform, you represent your acceptance, agreement and/or acknowledgement of the terms and conditions stated in the EVG Gold Trading: User Agreement (hereinafter referred to as the “Agreement”) and any other documents, terms and/or conditions, and/or policies and/or term sheets including but not limited to our Privacy Policy (which may be updated and/or amended and/or changed from time to time).
RECITAL:
EVERGREEN DIGITAL GOLD SDN. BHD. is registered with the Companies Commission of Malaysia (CCM) on 8th March 1997 and having its registered address at Suite 9-9(A), Wisma Trax, No. 1, Jalan Lima Off Jalan Chan Sow Lin, 55200 Wilayah Persekutuan Kuala Lumpur, Malaysia.
EVERGREEN DIGITAL GOLD SDN. BHD.’s main objective is to develop a digital gold asset platform and as trading provider for the issuance of a EVG Gold Account known as “EVG Gold” which is 100% backed by physical gold held in custody (wadī‘ah). The company is operating its gold business under the Gold Exemption Order 1986.
Clause 1: Effective Date:
This Agreement shall take immediate effect upon all new customers who sign-up on and/or after October 2021, but subject always to the outcome of our KYC process.
Clause 2: Agreement
By using our Platform and/or by registering for an EVG Gold Account ("EVG Gold Account") through our agents, website and/or mobile applications, you hereby expressly agree, accept, acknowledge and represent that you have carefully read, understood and accepted the terms and conditions stated in this Agreement in its entirety as a legally binding agreement between you and us and that you fully understand the risks, costs and any other considerations in relation to your use of our Platform. If you have any doubt on the risks, costs and any other considerations in relation to your use of our Platform, you are entitled to seek an independent advice including but not limited to legal advice, financial and/or tax advice. The terms set out in this Agreement will apply to the extent it does not conflict with the general terms and conditions as published in our website and/or Platform.
Clause 3: Amendments to Platform
We reserve the sole right and/or discretion to make and/or implement any amendments to our Platform and/or to this Agreement from time to time ("Amendments"), whenever deemed necessary to us. The Amendments to this Agreement shall have immediate effect. The Amendments will be posted on our Platform. Your electronic acceptance of this Agreement and/or continued use of our Platform after the Amendments have been made will constitute your consent to the modified Agreement and/or all relevant changes to our Platform thereof. We recommend that you should take the time to read this Agreement carefully each time you use our Platform for any changes.
Clause 4: Eligibility
To be eligible to use our Platform, you hereby expressly warrant and represent that the following criteria are met, in which you are: -
(hereinafter referred to as "Eligible User").
By using our Platform, you represent and warrant to us that you are an Eligible User. Despite being an Eligible User, we reserve the right to limit your access to the Platform depending on your country of residence, geographic location and/or any relevant know-your-customer ("KYC"), anti-money laundering ("AML") and counter-terrorist financing ("CTF") considerations, whenever deemed necessary and/or required by the laws of Malaysia.
Clause 5: Compliance
By accessing and/or using our Platform, you agree that it is your responsibility to ensure compliance with all applicable laws, rules and regulations in the local jurisdiction, including any laws, rules and regulations relating to taxes and duties, sales, use, transfer, value added, withholding, and other taxes and/or duties assessed, incurred and/or required to be collected, paid, or withheld for any reason in connection with any access to or use of any part of our Platform, the sale or purchase of any products or services in connection with any access to or use of our Platform, or otherwise in connection with any action, inaction, and/or omission by you or any affiliate of yours, or any of your or their respective employees, agents, contractors, or representatives. You shall also be wholly responsible for collecting, withholding, reporting and remitting correct taxes and duties to the appropriate authority. We will not hesitate to close your EVG Gold Account and terminate your access and use of our Platform in the event of your non-compliance and/or breach of any applicable laws, rules and regulations, and this respect, neither EVG nor our related companies, and directors, officers and employees shall be liable for any loss or damages which you may suffer as a result of such closing of your EVG Gold Account, termination of your access and use of our Platform.
Clause 6: Opening and/or Using Your EVG Gold Account
6.1 In order to use our Services and/or Platform, you must first register for an EVG Gold Account with us by filling and/or signing on our prescribed forms and by providing us with the relevant supporting documentation.
6.2 At the time of this Agreement, subject to the principles of Shariah, our Services provided in the EVG Gold Account include:
(i) making purchases and/or selling and/or exchanges and/or payments and/or donations through and by way of digital gold; and
(ii) making a withdrawal through EVG Gold Collection (EVGGC) to withdraw physical gold pursuant to Clause 8 [as at the date of this Agreement, there are currently one (1) products i.e. 1 gram Wafer Card (1 gram)]
6.3 Any duly registered EVG Gold Account user the time of this Agreement shall be eligible to use the services provided by us on our platform including but not limited to those specified in Clause 6.2(i) and (ii) hereinabove and other services which may be introduced by us in future.
6.4 Alternatively, any eligible user may buy and sell products offered on our platform as a Walk-in customer.
6.5 To be a duly registered EVG Gold Account user, you must pass our legal compliance checks to be conducted by our agent(s) and/or employee(s) and/or staff(s) wherein you will be requested to provide us with such information as we may require or request from time to time in relation to this Agreement and all information and documents required to comply with all applicable laws and regulations, including all applicable anti-money laundering rules and regulations. Further, you hereby agree, accept and acknowledge that by providing such information to us, we are hereby authorized to use such compliance systems and databases to obtain information about you for purposes of confirming your identity under applicable “know-your-client” rules.
6.6 You represent and warrant to us at all times that, to the best of your knowledge, any information provided to us by you is complete, accurate, and not misleading in any material respect and you agree to notify us should such information change.
Clause 7: Purchase, Sale and Storage of Gold
**Purchase**
7.1 Based on the principle of Wa‘d (Promise), when making an online purchase with us, the price at which your order is submitted is the locked-in price. After submission of a Buy Order, we will send to you, according to your preference, the ‘Order Confirmation’ on our Platform and an electronic link thereto within one Business Day.
7.2A Once you have submitted a Buy Order, (a) all prices are locked-in at the time of submission, and (b) there is a binding contract between us for your transaction and, as a result, any market risk for breach is transferred to you at the time of your order.
7.2B Upon confirmation of your Buy Order and completion of payment, and subject to the applicable Shariah principles of Bay‘ Musāwamah and Bay‘ Ṣarf, EVG shall hold the purchased gold in constructive possession (qabḍ ḥukmī) on your behalf. This means that EVG will assume full custodial responsibility as your agent, and the gold will be segregated or allocated accordingly, in compliance with Shariah requirements for possession and ownership.
7.3 Any cancellation of a Buy Order, if initiated by you, shall be subject to a cancellation fee of RM100 and applicable tax (if any).
7.4 Once we approve a cancellation for your order, an ‘Order Cancellation’ will be sent to you via our Platform, followed by an invoice for any excess amount due from you. The excess amount shall be payable in full within 30 days from the date of the ‘Order Cancellation’ secure notification. We reserve the right to refuse the placement of new orders until the said excess amount is paid in full.
7.5 Notwithstanding the foregoing, we may refuse or cancel any order of any kind without prior notice in the event that:
7.6 EVG shall at all times maintain a dedicated reserve of its gold inventory equal to 100 grams of the prevailing stock, such reserve to be set aside and unavailable for general sale. This reserve shall be physically segregated or electronically earmarked within EVG’s inventory management system and monitored continuously to ensure it remains intact. Under no circumstances may transactions draw upon this reserved allocation.
7.7 EVG shall implement and integrate an automated threshold alert system into its inventory management and transaction platform. When the available sellable gold stock, excluding the 100 gram reserve, reaches a pre-defined threshold—set at 10% above the reserve level—the system shall generate real-time alerts to designated operations, procurement, and senior management personnel. These alerts shall include current inventory levels, timestamp, and recommended restocking quantities.
7.8 EVG shall implement, operate, and continuously monitor an automated inventory-control mechanism designed to suspend and block all new purchase orders, offers, and transaction processing forthwith upon the gold stock reaching full subscription capacity. This mechanism shall trigger without manual intervention as soon as the total allocated gold units equal the available inventory, and shall remain active until such time as additional stock is made available or existing transactions are canceled or completed.
Sale
7.9 You may submit an order to sell (“Sell Order”) your EVG Digital Gold at any time via our Platform. The submission of a Sell Order constitutes a binding agreement between you and Evergreen Digital Gold Sdn. Bhd. to sell your digital gold at the price stated at the time of submission.
7.10 The selling price shall be based on the official daily gold price published on the EVG Digital Gold App (Gold Insights page) at 10:00 AM (GMT+8), subject to market fluctuations throughout the trading day.
7.11 A minimum balance of 0.1 gram in your account is required in order to perform any sell transaction.
7.12 Once a Sell Order has been submitted, it cannot be amended or cancelled by you. All completed transactions are final.
Storage
7.13 Subject to the principle of Ijārah and Wakālah, by making a purchase from us, you hereby authorise us to arrange for the storage, transportation and insurance of your digital gold held by us in custody on your behalf, as may be necessary in the circumstances. This authorisation shall be deemed to include an authority to enter into contracts on your behalf without prior notice, as your agent, limited in scope to the storage, transportation or insurance for your digital gold where EVG utilizes its warehousing facilities to store the physical gold that underlies your digital balance—not for storing the digital record itself. The charges incurred for storage, insurance and transportation are varied depending on the weight of gold and distance from our authorized outlet to the Customer’s designated place. We shall not be liable for any loss, damage, or claim arising from such arrangements unless caused by misconduct (ta‘addī), negligence (taqṣīr), or breach of specified terms (mukhālafah al-syurūṭ) on the part of the appointed agent.
7.14 You agree to confirm any agreements that we may enter into as agent on your behalf for the storage, transportation and/or insurance for the relevant digital gold as soon as is reasonably practicable. Save for the limited and specific agent relationship referred to above, such agreements do not create any other form of agency relationship between you and us, and do not create a partnership, joint venture or other similar relationship between you and us.
Clause 8: WITHDRAWAL
8.1 You may withdraw your EVG Digital Gold holdings, as reflected in your EVG Gold Account, into physical gold. The minimum withdrawal requirement is 1 gram, and conversion shall be based on the prevailing gold price plus the applicable Gold Premium on the day of withdrawal.
8.2 All withdrawal requests shall be processed by Evergreen Digital Gold Sdn. Bhd. in accordance with the procedure stated on the EVG Digital Gold App.
8.3 No physical certificate will be issued. All holdings and withdrawals will be duly recorded in EVG’s internal system and reflected in your EVG Digital Gold App access.
8.4 Delivery of physical gold to the Customer’s designated address may be arranged, subject to delivery and insurance charges depending on the distance, weight, and value of the physical gold to be delivered.
CLAUSE 9: Limited License
Subject to the terms of this Agreement, we grant you a limited, non-exclusive, non-transferable license to access and use our Platform solely for informational, transactional, or other approved purposes as permitted by us from time to time. Any other use of our Platform is expressly prohibited. We reserve all rights in relation to our Platform and you agree that this Agreement does not grant you any rights in or licenses to our Platform except for this express, limited license. You will not otherwise copy, transmit, distribute, sell, resell, license, de-compile, reverse engineer, disassemble, modify, publish, participate in the transfer or sale of, create derivative works from, perform, display, incorporate into another website, or in any other way exploit our Platform (or any portion thereof) or any derivative works thereof, in whole or in part for commercial or non-commercial purposes. Without limitations to the foregoing, you will not frame or display our Platform (or any portion thereof) as part of any other website or any other work of authorship without our prior written permission. In addition, we reserve the right to all remedies available at law and in equity for any such violation. All content and logos related to EVG and our Platform are trademarks or registered marks of EVG. You may not copy, imitate or use them without our prior written consent.
Clause 10: Accuracy of Information
Although we intend to provide accurate and timely information on our Platform, our Platform may not always be entirely accurate, complete or current, and may include technical inaccuracies or typographical errors. In an effort to provide you with information that is as complete and accurate as possible, such information may, to the extent permitted by applicable laws, rules and regulations, be changed or updated from time to time without further notice to you. Accordingly, you should verify all information before relying on it, and all decisions made based on information contained on our Platform are your sole responsibility and we shall have no liability for such decisions.
Clause 11: Materials provided by Third Party
Our Platform may contain references and/or links related to third-party materials, websites or applications ("Third-Party Materials") which may not be owned and/or otherwise controlled by us. Such Third-Party Materials are provided as a convenience to you and should not be considered or construed as our recommendation, approval, affiliation, representation and/or sponsorship. In this regard, you hereby acknowledge, accept and agree that you shall not rely on the use and/or information contained in such Third-Party Materials and in the event that you do, you shall not hold us liable and/or responsible for any loss and damages suffered.
Clause 12: Intellectual properties
You agree and acknowledge that any and all of the intellectual property rights of EVG and all of its associated companies, including but not limited trademark, trade names, logo, emblem, website information, copyright and any other rights used by or embodied within the EVG’s Website and documents, are and will remain as EVG’s sole property. You shall not copy, imitate or use them in any of your documents, website(s) or other advertising materials/literature, be it in printed or electronic form, without the express written consent of EVG.
Clause 13: EVG as an Independent Contractor
EVG is at all material times, an independent contractor for all intents and purposes. Nothing in this Agreement shall be deemed and/or otherwise is intended to be deemed, nor shall it cause, you and us to be treated as partners, joint ventures, or otherwise as joint associates for profit, or either you or us to be treated as the agent of the other.
Clause 14: Interruption and/or Maintenance
Our Platform may on certain occasions be temporarily interrupted due to updates and/or for maintenance purposes, which may be out of our control. In this regard, you hereby expressly agree, accept and acknowledge that you shall not hold us liable and/or responsible for any losses or damages, whether directly or indirectly, arising from such interruption and/or maintenance of our Platform.
Clause 15: No Warranty by EVG
EVG provides the platform and/or services on the basis of “as is” and/or “as available” without any representation or warranty (whether express or implied) pertaining to the products and/or services provided by our partners and/or collaborators. We further state that we make no warranties and/or representations as to quality, suitability, usefulness, accuracy and/or completeness of our services and/or other materials contained in the Platform including Third Party Materials as mentioned hereinabove.
Clause 16: Exclusion of Liability
EVG including their affiliates/service providers and/or any of their directors, officers, agents, employees or representatives shall not be made liable and/or responsible for any loss of profits or any special/incidental/consequential damages arising out of or in connection with this Agreement and/or Platform howsoever arising. You hereby agree, acknowledge and accept that by using the Platform to buy, sell and/or store digital gold, you have made an independent assessment as to the risks and you shall not hold EVG liable for any loss of profits.
Clause 17: Entire Agreement
This Agreement sets forth the entire understanding and agreement between you and us as to the subject matter hereof, and supersedes any and all prior discussions, agreements and understandings of any kind (including without limitation any prior versions of this Agreement), of any nature between and among you and us.
Clause 18: Dispute Resolution
You expressly agree that any claim or dispute arising from your use of our Platform will be governed by the laws of Malaysia. You further agree that any such claims or disputes arising from the use of our Platform shall be resolved in Malaysia courts, and you agree to be subject to the jurisdiction of Malaysia, and the exclusive venue of the Malaysia courts, thereby waiving any objections to Malaysia being the jurisdiction and venue for the purpose of litigating any such claim or dispute.
Clause 19: Force Majeure
You agree and understand that in no event shall we or our service providers be liable for delays, failure in performance or interruption of service which result directly or indirectly from any cause or condition beyond our reasonable control, including but not limited to, any delay or failure due to any act of God, act of civil or military authorities, act of terrorists, civil disturbance, war, strike or other labour dispute, fire, interruption in telecommunications or Internet services or network provider services, failure of equipment and/or software, other catastrophe or any other occurrence which is beyond our reasonable control and shall not affect the validity and enforceability of any remaining provisions.
Clause 20: Notices
By using our Platform, you agree that EVG may provide you with all notices or other communications about your Marketplace Account or our Platform electronically: (a) by email (in the event that your email address is linked to your Marketplace Account); (b) by Short Message Service (“SMS”) or telephone call (in the event that your telephone number is linked to your Marketplace Account); or (c) by posting such notices or communications on our Site.
Clause 21: Definition of Muamalat Terminologies
21.1 *Bay‘ Musāwamah***:** An ordinary sale and purchase transaction between EVG and you for gold or other items available on the Platform, where the Selling Price is mutually agreed upon without any disclosure or reference to EVG’s cost price or profit margin.
21.2 *Bay‘ Ṣarf***:** A contract of exchange which refers to an agreement between two parties to exchange money or monetary items, such as gold for Malaysian Ringgit (MYR), or one currency for another. Such transactions are subject to specific Shariah rules, including the requirement that both counter-values must be of known amounts and exchanged immediately (taqābuḍ fi al-ḥāl) to avoid elements of ribā al-nasī’ah (interest arising from delay in the exchange of *ribawī* items).
21.3 *Ijārah***:** A contract for hiring of services of EVG in exchange for a service such as delivery of physical gold via courier and special delivery, buy, sell & transfer of gold performed via Over-The-Counter (OTC) at the branches, and as an agent to find a security vault service provider to safe keep your gold.
21.4 *Qabḍ Ḥukmī***:** A condition when EVG allocates and holds the purchased gold in custody on behalf of you, following confirmation of the Buy Order and completion of payment.
21.5 *Wa‘d***:** A refers to your promise to purchase gold and/or EVG’s promise to sell gold at a specified price, which becomes binding upon the submission and acceptance of a Buy Order, subject to the terms and conditions herein.
21.6 *Wadī‘ah***:** A contract of safekeeping, whereby the purchased gold is placed by you, as the safekeeping depositor (mūdi‘), with EVG or EVG’s appointed agents, as the custodian (*wadī‘*) for the purpose of holding the gold in trust and safekeeping. Under this arrangement, EVG undertakes to safeguard the gold and return it upon your request, subject to the terms and conditions of the agreement, and without the right to use or dispose of the gold.
21.7 *Wakālah***:** A contract where you, as the principal (muwakkil) appoint EVG as your agent (wakīl) to carry out specific tasks on your behalf, including but not limited to the sale and purchase of gold, storage, transportation, or related matters that may be lawfully delegated. The contract may be with or without a fee (*ujrah*), as specified in the relevant terms.
Supplier: Evergreen Digital Gold Sdn. Bhd.
Azlan Naim Bin Abdullah
Director
I have read and agree to the terms of this EVG Gold Account User Agreement.
SIGNED BY USER :
NAME :
NRIC :
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