AGREEMENT TO TERMS
1. OVERVIEW
1.1. Welcome to GB Gold Sdn Bhd (“the Company”). These General Terms and Conditions (“Terms”) govern your access to and use of our website at http://gbgold.my (“Website”), including any purchases or investment activities undertaken through the Website. By accessing or using the Website, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must refrain from accessing or using the Website.
1.2. The following terminology applies to these terms and conditions, privacy statement and disclaimer notice and all agreements: "client", "you" and "your" refers to you, the person log on to this Website and compliant to the Company’s terms and conditions. "The Company", "ourselves", "we", "our" and "us", refers to our Company. "Party", "Parties", or "Us", refers to both the Client and ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client’s needs in respect of the provision of the Company’s stated services (as defined thereinafter), by and subject to, prevailing law of Malaysia. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to the same. The Company’s stated services shall have the meaning of all products, functionalities, features, content, tools, transactions, and related services made available by the Company through the Website, including but not limited to the online purchase of gold, investment activities, account management, and any customer support or information services provided via the Website (“Services”).
1.3. Please read these terms carefully before accessing our Website. By visiting our Website and/or engaging in our Services, you agree to be bound by the Terms including those additional terms and conditions and policies referred to herein and/or available by hyperlink. You shall continue to be bound by the Terms each and every time you visit our Website, engage in our Services and deal with us. These terms and conditions shall apply to all users of the Website, including without limitation to users who are browsers, vendors, customers, agents, and/ or contributors of content.
1.4. Any new features or tools which are added to the current store shall also be subject to these Terms. We shall reserve the absolute right to update, change and/or replace any part of these Terms by posting updates and/or changes and/or replace to our Website accordingly. It is your responsibility to check this page periodically for changes and/or updates. Your continued use of or access to the Website following the posting of any changes and/or updates shall constitutes acknowledgement for acceptance of those changes and/or updates.
1.5. These terms and conditions govern the relationship between the Company and individuals visiting our Website for any purpose including but not limited to buying and selling our products and those registered as our Dealers.
1.6. We shall reserve the absolute right, at our sole discretion, to refuse Services to any person at any time and for any reason whatsoever.
1.7. You understand that your content (not including credit or debit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks [subject to the further terms of the payment gateway].
1.8. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, use of the Services, or access to the Services or any contact on the Website through which the Services is provided, without express written permission granted by us.
1.9. The headings used in this agreement are included for convenience only and shall not limit or otherwise affect these Terms.
2. ACCURACY, COMPLETENESS AND TIMELINE OF INFORMATION
2.1. We shall not be responsible if information made available on this Website is not accurate, incomplete, or not current. The material information on this Website is provided for general information only and shall not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material information on this Website shall be at your own risk.
2.2. This Website may contain certain historical information. Historical information, necessarily, is not current and is provided for your ease of reference only. We shall reserve the absolute right to modify the contents of this Website at any time, but we shall have no obligation to regularly update any information on our Website. You shall agree that it is your own responsibility to monitor changes and/or update to our Website.
3. RISK DISCLOSURE
3.1. By considering dealing with the Company, you shall fully aware and acknowledge the potential for profit as well as the risk of loss. The prices of gold bullion and gold jewellery may fluctuate significantly due to various contributing factors, many of which are unpredictable. Sudden and significant movements in bullion rates may prompt market actions that could result in additional losses to you and/or us accordingly.
3.2. It is essential for you to understand that this frank disclosure shall not cover all potential risks. Some of the risks associated with using our bullion trading facilities include but not limited to:-
i) Review by Client: For a well-informed decision making, you should thoroughly review all related sales literature, prospectuses, or other offering documents before making any decision to purchase.
ii) Payment Process: All payments shall be made directly to the Company. Any payments made through any third parties leading to your financial loss shall not in any way hold us liable for legal or financial responsibilities
iii) No Profit Guarantees: There shall be no profit guarantees that the acquisition and/or purchase of gold bullion will result in actual profits. You shall acknowledge the possibility of financial loss associated with any purchase of gold bullion.
Please be aware that dealing with gold bullion and gold jewellery may involves inherent risks, and it's essential to conduct thorough research and seek independent and/or professional advice before engaging in such activities. We encourage you to carefully consider your risk tolerance and investment objectives before participating in this acquisition and/or purchase.
4. PROHIBITED USAGE
4.1. In addition to other prohibitions as set forth in the Terms, you shall be prohibited from using the Website or its content: (a) for any unlawful purposes; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, national, rules, laws, or local regulations, statutory and ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that may be used in any way that may affect the functionality or operation of the Services or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; (k) not republish, sell, rent, sub-license, reproduce, duplicate, copy, or redistribute any material information from this Website; or (l) to interfere with or circumvent the security features of the Services or any related website, other websites, or the Internet.
We shall reserve the absolute right to terminate your use of the Services or any related website for violating any of the prohibited usage.
ONLINE PURCHASE
5. PRICE AND PAYMENT
5.1 Prices shown on the Website shall be in Ringgit Malaysian (“RM”) and shall inclusive of any applicable tax at the time of the purchase, but do not include any applicable shipping or delivery fees and charges. Delivery fees and charges shall be charged where applicable and shall be included in the order total upon checkout. Prices or shipping are subject to change effective immediately upon posting of such price changes to the Website or other form of notification.
5.2. The price of products shall be as stipulated and displayed at all times on the Website, except otherwise in the case of an obvious error. Every best effort has been made to ensure that the prices featured on the Website are correct and true, but errors may inadvertently occur. Any discovery of an error in the price of any of the products that you have ordered, shall be notified to you as soon as possible and shall give you the option of confirming your order at the correct price upon checkout. If we are unable or failed to contact you, your order may be cancelled, and the amount paid shall be refunded in full, without any unlawful deduction, via the original payment method you used.
5.3. Offers and promotions appears on the Website shall be subject to availability (first come, first served basis) and we may change and/or withdraw and/or replace them at any time and without any further notice. Nothing shall oblige us mandatorily to maintain the offers or promotions for any period of time. Additional terms may apply, details of which shall be displayed accordingly.
5.4. We must firstly receive payment for the goods and the products and any delivery charges in full and cleared payment before they are dispatched accordingly.
5.5. We shall accept payment via most major credit and debit cards including Visa and Mastercard and any other payment method updated from time to time. All credit, debit and charge card holders are subject to validation, security checks and authorization by the card issuer and any additional terms imposed by the issuer. If the issuer does not authorize payment, we shall not accept your Order and shall not be liable for any delay or non-delivery.
6. MODIFICATION TO THE SERVICES AND PRICES
6.1. Prices for our products are subject to change without further notice.
6.2. We shall reserve the absolute right at any time to modify or discontinue the Service (or any part or content thereof) without any notice at any time.
6.3. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Services.
7. ERRORS, INACCURACIES AND OMISSIONS
7.1. Occasionally there may be information on our Website or in the Services that contains unintended typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We shall reserve the absolute right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
7.2. We shall undertake no obligation to update, amend or clarify information in the Services or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Services or on any related website, should be taken to indicate that all information in the Services or on any related website has been modified or updated.
8. PLACING AN ORDER
8.1. By placing an Order and making payment is an offer and we shall have the absolute right to accept or reject your offer.
8.2. It is hereby agreed that any Order shall not in any way guarantee availability of the products wherein we shall reserve the absolute right to decline the said Order for any reason whatsoever.
8.3. In the event the said Order is declined, we shall issue a refund within eighteen (18) working days from the date of decline. The refund shall be paid back to the payer account accordingly.
9. SHIPPING POLICY
9.1. We provide standard shipping for all Order made on https://gbgold.my/ within Malaysia through any courier and delivery providers chosen by us.
9.2. All orders shall be processed
9.2.1. within three (3) to fourteen (14) working days for normal orders;
9.2.2. within seven (7) to thirty (30) working days for special orders (order that involves custom-made production), depending on the current production process.
9.3. Pre-order shall only be made available during special campaigns or event setups. Specific processing and delivery times for pre-orders shall be communicated during the campaign or event.
9.4. Once your online Order has been processed, you shall receive an Order confirmation email with a delivery tracking link so that you can track and trace your order at any time.
9.5. It is your responsibility to ensure the correct and complete delivery address details have been entered at the time of ordering. We shall not be liable for any loss, damage or charges due to delivery address details being incorrect or not complete.
9.6. We shall not be responsible for any delays caused by the courier and delivery provider, destination customs clearance processes and unforeseen contributing factors or events outside our control, including but not limited to extreme weather, flood fire, theft, etc.
9.7. You are required to open the purchased item(s) within one (1) day upon acceptance of delivery. If the purchased item(s) received is defective on arrival, kindly email to us within one (1) working day from the date of the receipt with detailed pictures/videos displaying the defect.
9.8 In addition, it is mandatory for you to record a complete and continuous unboxing video when opening any parcel. The video must clearly capture the parcel in its entirety, including the front, back, top, bottom, left, and right sides, from the beginning of the unboxing process until its conclusion, without interruption. This requirement is intended to facilitate and substantiate any claim, complaint, or related process regarding the condition, contents, or delivery of the parcel.
9.9 Failure to provide a complete and continuous unboxing video that complies with Clause 9.8 may result in the rejection of any claim, complaint, or request for replacement, refund, or compensation related to the parcel, at the sole discretion of the Company.
9.10 Products must be returned in new and original condition, together with the original receipt. Exchange requests made after the specified period shall not be accepted in accordance with our policy.
9.11 We shall reserve the absolute right to reject full refunds or to impose a restocking fee on Order that do not meet these requirements.
10. COLLECTION POLICY
10.1. You are strongly encouraged to collect and pick up your Order from our store at no additional charge, subject to our operating hours.
10.2. Following payment approval, an email notification containing the collection details will be sent to you. It is highly advisable to collect your Order at the specified time to prevent any inconvenience or delay.
10.3. If you intend to modify the scheduled pickup date and time, or opt for Delivery instead of self-Collection, please inform us via email or Whatsapp in advance.
10.4. You may collect your Order from our store within three (3) working days between 10.00 AM and 5.00 PM, Monday to Saturday. Please be advised that Order placed on a Saturday, Sunday and public holiday may require additional processing time.
10.5. If you are unable to collect your Order on the agreed date, kindly please notify us to reschedule the pickup, providing at least three (3) working days' notice prior to the original collection date.
10.6. Upon collection, you are required to present your physical identification card (NRIC) and both the order confirmation email and the pickup notification email, either in printed form or displayed on a mobile device.
10.7. Should you wish to authorize a third party to collect your Order on your behalf, you must provide prior written notice to us at [email protected] no less than three (3) working days before the scheduled pickup date. The authorised representative shall be required to present a copy of the order confirmation, either in printed form or displayed on a mobile device, at the time of collection, together with a clear copy of the identification card (NRIC) of the original purchaser to verify that the collection by the third party has been duly and properly authorised.
10.8. You are advised to inspect your Order immediately upon collection to ensure its accuracy and to confirm that there are no defects or discrepancies.
10.9. The Company shall store your Order for a maximum period of fourteen (14) working days from the scheduled pickup date. If the Order is not collected within this period, a management fee of RM5.00 per Order shall be imposed. Upon expiry of the fourteen (14) working days period, the uncollected Order shall be automatically converted into Gold Bullion Storage (GBS) under the Company’s custody, subject to the applicable premium fee to be imposed based on the products.
11. RETURN AND EXCHANGE/REFUND POLICY
11.1. All requests for returns or exchanges shall be considered at our sole discretion on a case-by-case basis. You must notify us in writing within two (2) days of receipt of the order.
11.2. Returned item(s) must be in their original condition, unused, and accompanied by all original packaging, tags, labels, and documentation.
11.3. All returned item(s) will be inspected and verified by us to determine eligibility for return or exchange. Item(s) showing signs of damage, misuse, or ordinary wear and tear shall not qualify for return, exchange, or refund.
11.4. We reserve the right to reject any return or exchange request that does not comply with the conditions set out herein.
12. CANCELLATION POLICY
12.1. Any request to cancel an order must be submitted at least twenty-four (24) hours before the scheduled shipping or delivery. Orders that have already been shipped and paid for are not eligible for cancellation.
12.2. Notification of cancellation, whether made in person, by telephone, text message, email, or any other means, shall only take effect upon our written confirmation. We reserve the right to decline cancellation requests for special orders, customised items, or products marked as non-returnable.
12.3. The Company reserves the right to cancel, suspend, or refuse to process any Order that it reasonably suspects to be suspicious, fraudulent, or in breach of these Terms. The Company further reserves the right to report any suspected fraudulent transaction to the relevant authorities and to cooperate fully with any investigation or legal process related thereto.
13. SELL-BACK POLICY
13.1. The Company agrees to accept products for sell-back that were originally purchased from the Company, subject always to the terms and conditions therein after appearing.
13.2 For products not originally purchased from the Company, acceptance is subject to verification and valuation at our counter in our premises. Such products will not be valued based on the current rates displayed or stated on our Website. Only the sell-back price for Gold Bullion Storage (“GBS”) shall be based on the prevailing current market rate as stated and displayed on our Website.
13.3 The final sell-back price shall be determined at the time of verification and inspection at the Company’s premises. The Company reserves the right to reject any product that does not meet our acceptance criteria.
13.4 All products submitted for sell-back must be authentic and comply with any condition requirements set by the Company at the time of assessment.
13.5 In order to complete a sell-back transaction, you must present:
13.5.1 The original purchase receipt issued by the Company (for products purchased from the Company);
13.5.2 Valid personal identification (e.g., identity card or passport);
13.5.3 Any additional documentation or certificates related to the authenticity or grading of the product (if applicable).
Failure to provide the required documentation may result in rejection of the sell-back request.
13.6. Payment for accepted sell-back products shall be processed according to the Company’s standard payment procedures, which may vary depending on the product type and value, which is normally settled within three (3) working days from the date of transaction approval.
THIRD PARTY TOOLS AND LINKS
14. OPTIONAL TOOLS
14.1. We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
14.2. You shall acknowledge and agree that we provide access to such tools ”as is” and “as available” basis without any warranties, representations or conditions of any kind and without any endorsement. We shall have no mandatory liability whatsoever arising from or relating to your use of optional third-party tools.
14.3. Any use by you of optional tools offered through the Website is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
14.4. We may also, in the future, offer new Services and/or features through the Website (including, the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms.
15. THIRD-PARTY LINKS
15.1. Certain contents, products and services available via our Services may include materials information from third-parties.
15.2. Third-party links on this Website may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
15.3. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
PERSONAL DATA
16. PERSONAL DATA PROTECTION NOTICE
16.1. We take the responsibilities under Malaysia’s Personal Data Protection Act 2010 (“PDPA”) seriously. We are committed to managing, protecting and processing your personal data (“Personal Data”) in accordance with the PDPA and this Notice, which applies to all Personal Data we collect from users of our Website and related services.
16.2. We may modify this Notice from time to time to reflect changes in legal or business requirements. Any changes will apply to all and to any personal information we already hold about you, as well as any new personal information collected after the Notice is modified. If we make any material changes on how we collect, use or disclose your Personal Data, we shall notify you in advanced notice by revising the date at the top of this Notice. Your continued access or use of our Services after receiving the notice of changes, constitutes your acknowledgement that you accept the updated Notice.
16.3. Please read and review this Policy carefully.
16.4. By using or accessing the Services, you signify that you have read, understand and agree to be bound by this Policy.
16.5. Our Services are operated in Malaysia but can be accessed worldwide.
17. PERSONAL DATA WE COLLECT
17.1. When we use the term “Personal Data” we are referring to all data and information (including sensitive personal data, as defined under Malaysia’s Personal Data Protection Act 2010 (“PDPA”), whether true or not, about an individual who can be identified from that data, or from that data and other information to which an organization has or is likely to have access to, as well as any information for which the collection, disclosure, use or processing of is subject to data protection laws or regulations in any jurisdiction in which our stores and/or Website are made available by us. Our Website may include links to third party websites and/or applications. Please note that we have no control over the processing of Personal Data by websites or applications not owned by the Company.
17.2. This Privacy Policy shall be governed in accordance with the laws of Malaysia.
17.3. We collect Personal Data when you use our Services, create an account with us or submit personal information when requested with the Website. Personal Data generally is any information that relates to you, identifies you personally or could be used to identify you, such as your name, email address, phone number, address and payment account number. The definition of Personal Data varies by jurisdiction. Only the definition that applies to you based on your location applies to you under this Privacy Notice. Personal Data does not include data that has been irreversibly anonymized or aggregated so that it can no longer enable us, whether in combination with other information or otherwise, to identify you.
17.4. The types of Personal Data that we may collect about you include:-
(a) Information You Directly and Voluntarily Provide to Us
(i) We collect the personal information you give us when you use our Services. This includes when you visit our Website, contact us regarding service inquiries, or place an order. For example, when you place an order, we collect information that you provide to us during the ordering process. This information will include your first and last name, mailing address, and email address.
(ii) You may also provide credit card information when you place an order. Your credit card information is stored in a third party‘s data storage and databases. Kindly refer to the third party data terms & conditions.
(iii) You have no obligation to provide any of the Personal Data requested by us. However, depending on circumstances, it may be the case that if you do not provide the requested Personal Data, we may not be able to transact with you or otherwise provide you with certain products and services.
(b)Information Automatically Collected
(i) We may automatically collect Personal Data about you when you use the Website. For example, if you access the Website through a computer, we will automatically collect information such as your browser type and version, computer and connection information, Internet Protocol (“IP”) address and standard web log information. If you access the Website through a mobile device, we may also be able to identify the location of your mobile device. You may choose not to share your location details with us by adjusting your mobile device’s location services settings. For instructions on changing the relevant settings, please contact your service provider or device manufacturer.
(c) Information We Collect from Other Sources
(i) We may receive information about you from other sources such as business partners, marketers, researchers, data analytics partners, social network services, and other parties to help us supplement our records.
(ii) If you access our Services through a third-party website, application, or social media platform (such as Instagram or Facebook), we may receive information about you from that third-party services, depending on the third-party's data practices and your settings (for example, your name, email address, and comments or content you post). We are not responsible for their content or practices and we urge you to read their privacy and security policies.
18. HOW DO WE USE YOUR PERSONAL INFORMATION
18.1. We use the Order Information that has been provided to fulfil any orders placed through the Website including processing your payment information, arranging for shipping, providing you with invoices and order confirmations.
18.2. Additionally, we may use your Personal Data to communicate with you, screen our orders for potential risk or fraud, marketing, and provide you with information or advertising relating to our products if in line with the preferences you have shared with us.
18.3. We use Device Information to improve and optimize our Website also to assess the effectiveness of our marketing and advertising campaigns, and to help us screen for potential risk and fraud.
18.4. If you change your mind after you opt-in, you may withdraw your consent for us to contact you, for the continued collection, use or disclosure of your information, at any time, by contacting us at [email protected] or mailing us at:
GB GOLD SDN BHD
Unit 101 Blok 1
Laman Seri Business Park
Persiaran Sukan
Seksyen 13,
40100 Shah Alam
Selangor Darul Ehsan
Malaysia
19. DISCLOSURE
19.1 We may also share your Personal Data to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive or to otherwise protect our rights.
20. THIRD PARTY SERVICES
20.1. In general, the third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us.
20.2. However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions.
20.3. For these providers, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers.
20.4. Once you leave our store’s Website or are redirected to a third-party website or application, you are no longer governed by this Privacy Policy or our website’s Terms.
21. RETENTION AND SECURITY
21.1 We retain your Personal Data only for as long as necessary to fulfil the purposes for which it was collected or to comply with legal, regulatory and internal requirements.
21.2 We take reasonable steps and follow industry best practices to protect your Personal Data from loss, misuse, unauthorised access, disclosure, alteration and destruction.
22. COOKIES
22.1. Cookies are an essential part of how our platform works. The main goal of our Cookies is to make your browsing experience as easy and efficient as possible. For example, they are used to remember your preferences (language, country, etc) when browsing and during future visits. We also use our Cookies to continuously improve our Services and Platform, and to offer customized advertising according to your browsing habits.
22.2. In any case, the Cookies we use never store sensitive information such as passwords, credit or debit card details, etc.
23. YOUR RIGHTS AS DATA SUBJECTS
23.1. In respect of the Personal Data which you have submitted to us, your right as accordance with Personal Data Protection Act 2010 (Act 709) at any time are as follow:-
Request to make correction of your Personal Data in our records in the event the information is inaccurate, misleading, out-of-date or incomplete upon validation and verification of the new information provided;
a) Request for access to your Personal Data in our records;
(b) Request to make correction of your Personal Data in our records in the event the information is inaccurate, misleading, out-of-date or incomplete upon validation and verification of the new information provided;
(c) request to cease processing your Personal Data for the purposes of marketing;
(d) Object to the processing of your Personal Data, request to restrict or limit processing of your Personal Data, or request portability of your Personal Data;
(e) Withdraw your consent for us to continue processing your Personal Data; and;
(f) Complaint to a data protection authority about our collection and use of your Personal Data.
23.2. In respect of requests for access to or to make correction of your Personal Data in our records, or to cease processing your Personal Data for the purposes of marketing, such requests must be made in writing and supported with submission of the relevant documents as required by us in person from time to time to the address set out in the Contact Us section below. We will only make appropriate corrections based on the updated information provided by you. When requested and if it is practical, we will delete identifying information from our current operation systems. Your request may also be subject to payment of a fee in accordance with applicable legal requirements.
23.3. You may request for deletion of your personal data by us and we will use commercially reasonable efforts to honor your request. However, kindly note that we may be required to keep such information and not delete it (or to keep this information for a certain period of time, in which case, we will comply with your deletion request only after we have fulfilled such requirements). When we delete any information, it will be deleted from the active database but may remain in our archives. We may also retain your information for fraud prevention and detection or similar purposes.
23.4. If you would like to exercise this right, please contact us at [email protected] or mailing us at:
GB GOLD SDN BHD
Unit 101 Blok 1
Laman Seri Business Park
Perslaran Sukan
Seksyen 13,
40100 Shah Alam
Selangor Darul Ehsan
Malaysia
24. AGE OF CONSENT
24.1 By accessing using this Website, you represent and warrant that you are at least eighteen (18) years of age, being the age of majority in Malaysia, or that you are the age of majority and have provided your consent to permit any of your minor dependants to access and use this Website.
25. CHILDREN'S INFORMATION
25.1. Our Website and Services are intended for general audiences and are not directed towards children. If we became aware that we have inadvertently collected personal data from a children under the age at which parental consent is legally required, without obtaining such consent, we will take reasonable step to delete such information from our record and database and refrain from using it, save and except where it is necessary to protect the safety of the child or others, or as otherwise permitted or required by law. If you become aware of any such collection or use, please notify us promptly by emailing us at [email protected] or by writing to us at the following address:
GB GOLD SDN BHD
Unit 101 Blok 1
Laman Seri Business Park
Persiaran Sukan
Seksyen 13,
40100 Shah Alam
Selangor Darul Ehsan
Malaysia
26. DATA RETENTION
26.1 When you place an Order through the Website, we shall retain your Order Information for our records unless and until you request that we delete such information.
26.2 We respect your privacy. The information you provide to us through the Order will be used solely for the purpose of transmitting mobile messages and responding to your inquiries, where necessary. This may include, but not limited to, sharing your information with platform providers, telecommunication companies, and any other providers who support us in delivering mobile messages. WE DO NOT SELL, RENT, LOAN, TRADE, LEASE, OR OTHERWISE TRANSFER FOR PROFIT ANY PHONE NUMBERS OR CUSTOMER INFORMATION COLLECTED THROUGH THE ORDER TO ANY THIRD PARTY.
26.3 However, we shall reserve our absolute the right at all times to disclose any information as may be necessary to comply with applicable laws, regulation or governmental request, to avoid legal liability, or to protect our rights or property. By completing forms online or otherwise providing information to us in connection with the Order, you represent and warrant that all such information is true, accurate and complete and current. You further agree not to provide any false or misleading information or to use a name that you are not legally authorized to use. If, in our sole discretion, we determine that any information provided by you is untrue, inaccurate, or incomplete, or submitted with fraudulent or ulterior intent, we shall reserve our absolute right to deny you access to the Order and to pursue all legal remedies available under the law.
26.4 To request deletion of your information or for any related inquiries, please contact us at [email protected] or write to us at the following address:
GB GOLD SDN BHD
Unit 101 Blok 1
Laman Seri Business Park
Perslaran Sukan
Seksyen 13, 40100
Shah Alam
Selangor Darul Ehsan
Malaysia
This Privacy Policy is strictly limited to the Program and has no effect on any other privacy policy(ies) that may govern the relationship between you and Us in other contexts.
DEALERSHIP
27. DEALERSHIP STATUS
27.1. You may apply to us dealership statuses, including Agent, Dealer, Mentor Dealer (MD), Crown Mentor Dealer (CMD), and Royal Mentor Dealer (RMD) (hereinafter collectively be referred to as “the Dealer”), through promotions or campaigns offered by us from time to time.
27.2. We shall reserve our absolute right to promote, demote or revoke dealership status at our own sole discretion.
27.3. Any dealership status is subject to the Dealer Requirements.
27.4 Non-Compete and Conflict of Interest
a) The Dealer undertakes and agrees that, during the term of this Agreement and for so long as the Dealer holds the rank of Dealer Mentor or any higher rank within the Company’s dealership structure, the Dealer shall not, directly or indirectly, promote, represent, engage in, participate in, or have any interest in any business, brand, or entity that competes with the Company’s business or operates within the same industry as the Company’s products, without the prior written consent of the Company.
b) For the avoidance of doubt, ‘competing business’ or ‘same industry’ shall include any business, product, or service which is substantially similar to, or may reasonably be deemed to be in competition with, the Company’s products, services, or brands offered under the Products.
c) In the event that any Dealer Mentor or any Dealer holding a higher rank is found to be in breach of this clause by promoting, representing, or engaging in any competing business or brand within the same industry, the Company shall have the right, at its sole discretion, to immediately demote the Dealer without prior notice. Such demotion shall be without prejudice to any other rights or remedies available to the Company under this Agreement or at law.
d) The Dealer acknowledges and agrees that any breach of this clause shall cause irreparable harm to the Company’s business, reputation, and goodwill, for which monetary damages may not be an adequate remedy. Accordingly, the Company shall be entitled to seek injunctive or equitable relief, in addition to any other legal remedies, to prevent or remedy any actual or threatened breach of this clause.
e) This clause shall survive the termination or expiration of this Agreement to the extent necessary to give effect to its intended purpose
28. DEALER REQUIREMENTS
28.1. To apply, secure and activate respective dealership status, you must fulfill the following requirements:
i) Complete the profile information as per Know Your Customer (KYC) requirements for compliance purposes.
ii) Fulfill any additional campaign or promotion requirements to demonstrate eligibility as a dealer appointed by the Company.
iii) Approval and / or interview by the Company.
iv) Signing of the Dealership Agreement.
28.2. We shall reserve the absolute right to reject any application of a dealership for any reason whatsoever.
29. DUTIES AND RESPONSIBILITIES OF DEALER
29.1. To promote and sell the Products to the Customers and Customer Prospects.
29.2. To adhere strictly to the ‘Dealers’ Code of Conduct” during all business activities or transactions involving our products or Services.
29.3. To identify and pursue sales leads.
29.4. To close sales deals and follow-up with Customers and Customer Prospects on payments.
29.5. To comply with all laws and regulations which relate to this Agreement and shall indemnify and hold us harmless for your failure to do so.
29.6. To conduct itself so as not to adversely affect our business, good standing, and reputation. Such conduct of the Dealer shall include, but not limited to, comments, posts, blogs, publications and any such activities either online (including social media) or offline; being charged for a criminal offence; and being involved in activities contradictory to our business. We shall reserve the absolute right to withhold the appointment of upgrading a customer's status to dealer, or to claim compensation under legal terms, if the Dealer is found to engage in activities or spread rumors that may tarnish our reputation.
29.7. To indemnify and keep the Company fully indemnified and hold the Company and our officers, agents, and employees harmless from all expenses, costs, causes of action, claims, demands, liabilities and damages, including lawyer’s fees resulting from or growing out of any unauthorized act or transaction or any negligent act, omission or transaction by the Dealer or employees of the Dealer.
29.8. To follow and comply with the Standard Operation Procedure (“SOP”) imposed by the Company from time to time.
29.9. To implement effective customer relationship management strategies to enhance customer satisfaction and retention.
29.10. To demonstrate comprehensive knowledge of our products to ensure the delivery of consistently high-quality services to customers.
29.11. To participate in training and development programs provided by us to enhance product knowledge and sales skills.
29.12. To handle customer complaints and disputes promptly and effectively, in accordance with Company policies and procedures.
29.13. To disclose any potential conflicts of interest and seek approval from us before engaging in activities that may pose a conflict with our interests.
29.14. To provide accurate and detailed information about career opportunities, marketing plans, and dealer rights and responsibilities to the prospective dealers.
29.15. Such other duties and responsibilities as updated by us through the SOP, notices and circulars.
30. RESTRICTIONS OF DEALER
The Dealers are strictly prohibited from engaging in the following activities, which may adversely affect our interests, reputation, and operations: -
30.1. the Dealer shall not represent the Company in negotiating any terms, conditions and payment arrangements with any Customers, Prospective Customers or Vendors;
30.2. the Dealer shall not market, offer for sale, or sell any of the Company’s products in the event that the Dealer ceases to be an authorized dealer of the Company;
30.3. the Dealer shall not make or issue any media statements, press releases, or public communications through online platforms, news agencies, or any other channel on behalf of the Company without the Company’s prior written approval;
30.4. the Dealer shall not cancel any Customers order once such order has been submitted to the Company, whether through the Company’s online booking system or by any other means;
30.5. the Dealer shall not collect, receive, or allow any funds from Customers to be deposited into the Dealer’s personal or business account. All payments from Customers shall be made directly to the Company in accordance with the Company’s prescribed payment methods;
30.6. the Dealer shall not engage in any unauthorised and/or unlawful deposit-taking, misappropriation of the Customers' funds, or any other illicit fundraising activities using the Company’s name for personal gain;
30.7. the Dealer shall not use, disclose, reproduce, or distribute any Confidential Information except as expressly permitted under this Agreement;
30.8. the Dealer shall not act for, represent, promote, or otherwise provide services to any other company or business that directly competes with the Company within the same industry during the term of this Agreement;
30.9. the Dealer shall not use the Company’s name, trademarks, trade names, or logos without the Company’s prior written consent;
30.10. the Dealer shall not make any false, misleading, or unauthorised representations to any Customer or prospective Customer regarding the Company of its Products and Services;
30.11. the Dealer shall not use the Company’s Confidential Information or resources for any purpose other than for the proper performance of its obligations under this Agreement;
30.12. the Dealer shall not contravene any applicable laws or regulations of Malaysia authorities in connection with the sales, promotion, or distribution of the Company’s products;
30.13. the Dealer shall not, whether directly or indirectly, solicit, induce or attempt to recruit any employee of the Company to the leave the Company’s employment and accept employment or engagement with any other person or entity during the term of this Agreement and for a period of twelve (12) months thereafter;
31. MISCELLANEOUS
31.1. You shall not engage in any conduct that may harm, damage or adversely affect the reputation or goodwill of the Company.
31.2. You are encouraged to promptly report to the Company any issues, challenges or obstacles encountered in the course of your business for appropriate resolution.
OTHER TERMS
32. INTELLECTUAL PROPERTY OR LICENSE
32.1. Unless expressly stated otherwise, all intellectual property rights in and to the content on this Website, including but not limited to photographs, copyrighting, and designs shall remain the exclusive property of the Company. All such rights are reserved.
32.2. You are permitted to access and use this Website for your personal use ony, subject to the restrictions set out in these Terms.
33. USER ONLINE COMMENTS
33.1. By posting comments, you represent and warrant that you have the full right and authority to do so and that such comments do not infringe any intellectual property rights or contain any unlawful material.
33.2. By submitting comments on our Website, you grant the Company a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, adapt, publish, translate, and distribute such comments in any form, format, or media now known or hereafter developed;
33.3. You warrant that your comments shall not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material;
33.4. You shall agree to indemnify and keep the Company fully indemnified and hold harmless the Company and its affiliate from and against all losses, damages, costs, expenses, claims, demands, actions or proceedings arising out of or in connection with your comments;
33.5. The Company reserves the rights, at its sole discretion, to remove, in whole or in part, any comments posted on the Website without prior notice and without providing any reason.
34. COMPLIANCE AND AMENDMENTS
34.1. You must comply with these terms & conditions, Dealership Agreement and such other terms and subsequent amendments effective from the date of registration. We shall reserve the absolute right to modify its policies, rules of conduct, and terms and conditions without prior notice.
34.2. You are expected to practice the highest standards of behavior when dealing with customers and the general public, promoting good ethics, and observing all laws and regulations
35. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
35.1. We do not guarantee, represent or warrant that your use of our service may be uninterrupted, timely, secure or error-free.
35.2. We do not warrant that the results that may be obtained from the use of the service may be accurate or reliable.
35.3. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
35.4. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and Services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
35.5. In no case shall the Company, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
36. INDEMNIFICATION
36.1 You agree to indemnify, defend and hold harmless the Company, its parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from and against any and all claims or demands, liabilities, losses, damages, costs, and expenses (including reasonable attorneys’ fees), arising out of or in connection with your breach of these Terms or any documents incorporated herein by reference, or your violation of any applicable law or the rights of any third-party.
37. GOVERNING LAW AND JURISDICTION
37.1 These Terms shall be governed by, and construed in accordance with the laws, rules, and regulations of Malaysia. By accessing or using this Website, you irrevocably agree that any dispute, claim, or controversy arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts in Malaysian.
38. SEVERABILITY
38.1 In the event that any provision of these Terms is determined and held to be unlawful, void or unenforceable under any applicable law, such provision shall nonetheless be enforced to the maximum extent permitted by law, and the unenforceable portion shall be deemed severed from these Terms. Such determination shall not affect the validity and enforceability of the remaining provisions, which shall continue in full force and effect.
39. TERMINATION
39.1. Any obligations and liabilities incurred by the parties prior to the date of termination shall survive the termination of this Terms for all purposes.
39.2. These Terms shall remain in effect until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Services, or by ceasing to use our Website.
39.3 We reserve the right to terminate or suspend your access to the Website or our Services at any time, with or without cause, and without prior notice, at our sole discretion.
39.4. If, in our sole discretion, you breach or we reasonably suspect that you have breached any provision of these Terms, we may immediately terminate or suspend your access to our Website and Services (or any part thereof) without prior notice.
39.5 Upon termination for any reason whatsoever:
(a) you shall remain responsible for any outstanding amounts due up to and including the date of termination;
(b) any fees paid in advance are non-refundable unless required by law; and
(c) we may delete your account and any related information or content, unless we are required to retain it by law or for legitimate business purposes.
40. ENTIRE AGREEMENT
40.1. The failure of the Company to exercise or enforce any right or provision under these Terms shall not constitute a waiver of such right or provision, nor shall any single or partial exercise of any right preclude any other or further exercise of that or any other right.
40.2. Subject to any separate written agreement entered into between you and the Company, these Terms, together with any policies, notices, or operating rules posted by the Company on this Website or in connection with the Services, constitutes the entire agreement and understanding between you and the Company and govern your access to and use of the Website and the Services. These Terms supersede and replace any and all prior or contemporaneous agreements, communications, representations, discussions, negotiations and proposals, whether oral or written, between you and the Company (including, without limitation to any prior versions of the Terms).
40.3. Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party but shall be interpreted fairly and in accordance with the plain meaning of the provisions, having regard to the intention of the parties.
41. SURVIVAL
41.1. Any provisions of these Terms which by their nature should survive termination or expiry of these Terms shall so survive, including but not limited to provisions relating to intellectual property, confidentiality, disclaimers, limitations of liability, indemnities, and governing law and jurisdiction.
ASSIGNMENT
42.1. You shall not assign, transfer, or otherwise deal with any of your rights or obligations under these Terms without the prior written consent of the Company.
42.2. The Company may assign, transfer, subcontract, or otherwise deal with any of its rights or obligations under these Terms at any time and without your consent.
VARIATION
43.1. The Company reserves the right, at its sole discretion, to amend, modify, or update these Terms at any time by posting the updated version on this Website. Any such amendment, modification, or update shall be effective upon posting unless otherwise stated.
43.2. It is your responsibility to review these Terms periodically for any changes. Your continued use of the Website or the Services after any changes constitutes your acceptance of the revised Terms.
PROFILE COMPLETION AND NOMINEE APPOINTMENT REQUIREMENTS
44.1 Customer Profile Requirements
All registered Customers shall fully and accurately complete their user profile, which must include the following mandatory information:
i) Full Name (as stated in the Customer’s National Registration Identity Card (NRIC));
ii) Valid Identification Number (NRIC); and
iii) A clear and recent photograph of the Customer.
44.2 This information is required to ensure the accuracy, legitimacy, and security of all gold purchase, collection, sell-back transactions, and any other related processes. Failure to provide complete and correct profile information may result in delays or rejection of any transaction at the sole discretion of the Company.
NOMINEE APPOINTMENT REQUIREMENTS
45.1 Each Customer is required to appoint a nominee by completing the nominee section of the profile accurately and in full, providing the following mandatory details:
i) Full Name of the Nominee (as stated in the NRIC);
ii) Nominee’s Identification Number (NRIC);
iii) Nominee’s Relationship to the Customer; and
iv) Valid contact information for the Nominee.
45.2 It is the responsibility of the Customer to ensure that all nominee information remains current and accurate at all times to facilitate the proper transfer or management of gold holdings in the event of the Customer’s death or incapacity.
ROLE AND VERIFICATION OF NOMINEE
46.1 In the event of the Customer’s death, incapacity, or inability to manage transactions, the appointed nominee shall have the authority to manage or claim the Customer’s gold holdings or related products, subject to the Company’s verification processes. The Company reserves the right to require the nominee to provide official supporting documentation, including but not limited to a death certificate, authorization letter, or the NRIC of the nominee, to confirm the nominee’s identity and legitimacy before granting any access or authority
CHANGES TO TERMS
47.1. You may review the most current version of the Terms at any time on this page.
47.2. The Company reserves the right, at its sole discretion, to amend, modify, update, change or replace any part of these Terms at any time by posting the revised version on the Website. Any such amendments, modifications, updates or replacements shall take effect immediately upon posting, unless otherwise stated. It is your responsibility to check the Website periodically for any changes to these Terms. Your continued access to or use of the Website or the Services after any changes have been posted shall constitutes your acceptance of the revised Terms.
47.3 By accessing and using this Website, you acknowledge that you have read, understood and agree to be bound by these Terms, as amended from time to time and as published by the Company.
CONTACT US
In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:
GB GOLD SDN BHD
Unit 101 Blok 1
Laman Seri Business Park
Perslaran Sukan
Seksyen 13, 40100
Shah Alam
Selangor Darul Ehsan
Malaysia
Call: 03-5524 3152
WhatsApp: 013-786 0916
[email protected]
