| Diamond2u.com - Terms of Sale and Customer Agreement |
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| 1. |
OUR LEGAL STRUCTURE |
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A. |
Diamond2u.com is the registered business name of MyTomei Sdn Bhd (company no: 597346-T) which provides the service of online selling of gold and silver for its Customers. |
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B. |
Diamond2u.com is the brand name of MyTomei Sdn Bhd which is referred to in this Agreement as MyTomei. Diamond2u.com and MyTomei are together referred to in this Agreement as the “Company”. Diamond2u.com enables Customers to buy gold and silver with the National Currency Ringgit Malaysia in accordance with the terms of this Agreement. |
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C. |
The Company is limited liability company incorporated in accordance with the laws of Malaysia. The Company have their registered offices at Suite B13A-4, Tower B, Level 13A, Northern Offices, Mid Valley City, No 1, Medan Syed Putra Utara, 59200 Kuala Lumpur. |
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| 2. |
ACCEPTANCE OF THE CUSTOMER AGREEMENT |
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A. |
A person becomes the Company’s customer by registering for an account at the Diamond2u.com Website and satisfactorily completing the verification requirements of the Company’s Customer Acceptance Policy solely at the discretion of the Company (the person under description in this Clause will be referred to as the “Customer”). |
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B. |
By establishing an account, the Customer agree that: |
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This Agreement documents the contractual relationship between the Company and the Customers
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ii. |
The Customer is to be bound by the provisions of this Agreement, and by the rights and obligations created in the terms of this Agreement
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iii. |
The Customer shall comply with all relevant laws of any territory of which the Customer is subject to and of any territory in which the Customer is resident from time to time, and of any other territory from which the Customer access the Diamond2u.com Website, including but without limitation to the laws of Malaysia
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iv. |
that in respect of any matter concerning the Customer’s account, the Customer shall contact the Company through phone calls or email address the Customer had registered with the Company, all at the Customer’s own costs, expenses, risk and responsibility in the security of such contact. The Customer agrees to receive communications from the Company in the same way and the Customer hereby acknowledges and agrees that the Customer will not attempt to circumvent the receipt of any message. |
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C. |
The Company may vary, amend, add, delete, insert or through any manner alter the terms and/or provisions of this Agreement, including the Privacy Policy and the Disclaimer and any increases in fees charged by Diamond2u.com as provided therein in the Diamond2u.com Website, by giving the Customer thirty (30) days written notice of such variation, amendment, addition, deletion, insertion or alteration, which notice if posted to the Customer’s Email Address shall be deemed to have been received by the Customer on the day it was posted. The Customer shall be deemed to have agreed to any variation, amendment, addition, deletion, insertion or alteration of the terms and/or provisions of this Agreement by continuous use of services provided by the Company after written notice herein has been deemed delivered. |
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D. |
The Customer acknowledges that all information, data, news, report, analysis, etc as shown on the Diamond2u.com Website are made available by the Company for educational and informative purposes and shall not be amounting to representation or advise made or given by the Company to the Customer. Therefore the Customer shall rely or utilise such information, data, news, report, analysis, etc at the Customer’s own risk whether or not the Customer shall be trading with the Company vide the Diamond2u.com Website. The Customer shall not hold the Company liable for any damages or losses, howsoever caused, suffered by the Customer towards future fluctuating prices of the Gold and Silver. |
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| 3. |
INTERPRETATIONS |
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Unless otherwise expressly stated, or the context otherwise requires, the words and expressions listed below shall, when used in this Agreement, bear the meanings ascribed to them:
“Company” means MyTomei Sdn Bhd, its related Company, its businesses, its brands which shall include the Diamond2u.com Website and registered company together;
“Customer” means each person who has registered for an account at the Diamond2u.com Website and has satisfactorily completed the verification requirements of the Company Customer Acceptance Policy;
“Customer Acceptance Policy” or “CAP” means the Customer Acceptance Policy that appears on the Diamond2u.com Website as to be amended from time to time at sole discretion of the Company, the policy in which shall forms essential part of this Agreement;
“Disclaimer” means the general disclaimer of liability that appears on the Diamond2u.com Website, which disclaimer shall forms essential part of this Agreement;
“Email Address” means the email address that the Customer has provided to the Company at the time that the Customer register for a internet purchase account at the Diamond2u.com Website;
“Diamond2u.com Website” means the website accessible at
http://www.Diamond2u.com as may be amended from time to time at the sole business discretion of the Company;
“Account” means the electronic record of:
- the quantity of grams of gold purchased or money value transacted by the Customer at Diamond2u.com, which quantity is expressed in grams as unit of measurement and money value in Ringgit Malaysia;
- the quantity of grams of silver purchased or transacted by the Customer at Diamond2u.com, which quantity is expressed in grams as unit of measurement and money value in Ringgit Malaysia;
- the Customer’s Transactions with the Company;
- the fees levied by the government of Malaysia for services provided by the Company to the Customer;
- Any other charges that might reasonably imposed by the Company upon the Customer.
“Account Number” means the unique number assigned to the Customer at the time the Customer establish an account with the Company;
“Gold and Silver” means physical gold and silver that is transacted through Diamond2u.com. Diamond2u.com records the gold and silver purchased or transacted by the Customer at Diamond2u.com in terms of grams (unit of measurement) as described above in the explanation of the term "Account”;
“Transaction” means a transaction made on the Diamond2u.com Website, either by placing a purchasing order, or offering a buy-back, which shall be interpreted according to the structure of the respective clause;
“Password” means the alphanumeric string of at least eight characters in length with at least one number and one letter that is used to access a Account;
“Privacy Policy” means the privacy policy disclosed on the Diamond2u.com Website, which policy forms part of this Agreement;
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| 4. |
VERIFYING CUSTOMER IDENTITY |
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A. |
The Customer shall comply with the Customer Acceptance Policy to verify the identity of the Customer and the source of funds that the Customer will utilise in making payment to the Company in accordance with the terms of this Agreement. |
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B. |
The Customer hereby acknowledges and agrees that the Company shall make periodic searches and enquiries about the Customer at any credit reference agencies and disclosing the Customer’s identity to any fraud prevention organisation, in order to access your creditworthiness, manage credit risk and to prevent fraud. |
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C. |
The Company shall at the Company’s sole discretion at any time suspend an Account and/or terminate the Customer Agreement in the event of any failure or suspected failure to comply with the Customer Acceptance Policy including any requests made there under by the Company at any time for relevant information and/or documentation. During the suspension period the Customer shall be restricted from accessing into the Customer’s Account for Transactions such as purchasing and making payments. |
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D. |
The Customer shall maintain highest security of the Account Number and/or username and/or password and/or other verification particulars required in order to access to the Account on the Diamond2u.com Website, and that the Customer shall never reveal any part of the information or particulars to any other person. Such information or particulars shall remain at the highest confidential in the Customer in performing any transaction with the Company. |
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| 5. |
PAYMENT METHODS |
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The Customer shall comply with the instructions given by the Company via Diamond2u.com Website in making the relevant payments and placing purchasing orders. |
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B. |
Any purchasing orders placed with the Company shall impose upon the Company obligation to execute such purchasing orders based on the prevailing price as stipulated on the Diamond2u.com Website only. The Company shall not be liable to make any advice, recommendations, suggestions, etc on the merits or suitability of all the Transactions. |
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C. |
Purchase price of the Gold and Silver, will be calculated based on the price as quoted by the Company in Diamond2u.com Website at the time that such purchase order and/or Transaction is being made, which may vary from time to time at the Company’s sole discretion. |
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D. |
Upon the Customer confirming the purchase order, either by way of submitting the said order or by way of confirmation as stipulated on the platform on the Diamond2u.com Website, the price of the Gold and Silver at the time of such order or confirmation shall remain locked and unchanged for a period of SIX (6) hours from the time that such purchase order being made by the Customer, within the same period of which the Customer shall cause the full purchase price or the money value of Gold and Silver so transacted to be settled. |
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E. |
The Customer shall pay a cash deposit of at least Ringgit Malaysia Thirty Thousand only (RM30,000.00) or the exact sum of money value of the Gold and Silver being transacted or will be transacted, whichever is lower, plus other fees as provided in Clause 6 that will be incurred for the use of credit card, upon placing purchase orders and/or Transactions. |
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F. |
In the event the Customer opt to make any payment or deposit by way of credit card or charge card, the Customer hereby acknowledge and agree that a non-refundable administration fees of 2% calculated on the money value transacted shall be paid by the Customer to the Company as Card Administration fees. |
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G. |
In view of the fluctuating and competitive prices of the Gold and Silver, in the event of the follows:- |
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any payment which shall be made by the Customer shall by any reason be withdrawn or cancelled or in any other manner be suspended causing such amount not being credited into the Company’s account within the period of time as required, be it whether or not such failure to credit the amount into the Company’s account was committed by the Customer; |
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the Customer failed to settle any part of the purchase price or money value so transacted within SIX (6) hours from the time that such purchase order being made by the Customer as stipulated in Clause 5D above; |
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The Customer shall be in default in settling the purchase price or money value so transacted whereas the Company shall have the full discretion to terminate the purchase order on breach by the Customer. |
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In the event as described in Clause 5G above as a breach by the Customer, the Customer hereby agrees that the Company shall be rightfully entitled to a liquidated damages equivalent to fifteen per centum (15%) of the purchase price or money value so transacted, in which circumstances the Customer agrees that the deposit, if any, paid in accordance to Clause 5E above shall be forfeited by the Company in recovery of full or part of the liquidated damages. |
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The Company accepts only payments of deposit, money value transacted together with any delivery costs, insurance, government taxes, fees, levy, stamp duty, expenses, etc (if any) which may be charged upon the Customer by way of direct bank transfer to the Company’s bank account as stipulated on the Diamond2u.com Website, or by way of the Customer’s own credit card via the Diamond2u.com Website. |
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| 6. |
DELIVERY BY WAY OF COLLECTION |
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A. |
The Customer hereby acknowledge that any Gold and Silver, which the Customer have ordered via the Company’s Diamond2u.com Website, shall only be available for collection upon the Customer’s full settlement of the money value transacted together with any delivery costs, insurance, government taxes, fees, levy, stamp duty, expenses, etc (if any) which may be charged upon the Customer. Upon full settlement of all money due to the Company, the Gold and Silver shall be available for collection subject to subclauses in Clause 6 below during the period as set out in the Collection Schedule, which shall be published on the Diamond2u.com Website, and the same Gold and Silver shall remain available for collection for fourteen (14) days from the date the Gold and Silver are deemed available for collection, either on the date as per the Collection Schedule published on the Diamond2u.com Website, or if there is any notification issued to the Customer, on the stipulated date or period as appeared in such notification. |
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B. |
Any collection of Gold and Silver at our designated collection address must be made by the Customer in person only and accompanied with the Customer’s original National Registration Identity Card (NRIC) or other identification documents provided by the Customer to the Company during registration as customer of the Company or as user via the Diamond2u.com Website, the Customer’s purchase order form and proof of full settlement of the money value transacted together with any delivery costs, insurance, government taxes, levy, stamp duty, expenses, etc (if any) which may be charged upon the Customer. Should the Customer fail to collect the Gold and Silver fourteen (14) days from the stipulated collection date as stated in Clause 6A, the Company has the right to charge as additional handling charges of 8% per year calculated on daily rest from the date on expiry of the 14 days from the stipulated collection date up to the date the Customer make physical collection of the Gold and Silver. |
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The Company shall under no obligation to issue any notification or reminder to the Customer for such collection of the Gold and Silver, but not withstanding that, the Company may issue notifications upon the Gold and Silver being available for collection, and upon expiry of first seven (7) days from the date the Gold and Silver being available for collection. |
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D. |
The Customer expressly agrees and covenants that upon expiry of the fourteen (14) days from the stipulated collection date as set out in the Collection Schedule which shall be published on the Diamond2u.com Website or the date that the Gold and Silver is deemed available for collection, all risks, obligations, responsibilities and liabilities over the Gold and Silver shall be passed onto the Customer. |
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For avoidance of doubt, in preventing refusion of collection of the Gold and Silver, the Company’s obligation to deliver the Gold and Silver to the Customer shall be deemed performed upon expiry of the fourteen (14) days from the stipulated collection date as set out in the Collection Schedule which shall be published on the Diamond2u.com Website or the date that the Gold and Silver is deemed available for collection |
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F. |
The additional handling charges as stipulated in Clause 6B above shall not impose any further obligations on part of the Company to provide security, insurance, assurance in any form on the Gold and Silver |
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Notwithstanding that the Company owes no obligations, responsibilities and liabilities over the Gold and Silver upon expiry of the fourteen (14) days collection period described in Clause 6B above, should the Gold and Silver be kept at a place whereby the Gold and Silver causes the total value of all items kept at that place exceeded the insured limit subscribed by the Company, the Company shall not be held liable for any losses or damages therein suffered by the Customer; in addition to that, any losses or damages suffered by the Company, including but not limited to payment of an increased premium of the insurance by the Company, shall be kept indemnified by the Customer to the Company. |
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H. |
In the event that the Gold and Silver is not collected by the Customer within the fourteen (14) days from the stipulated collection date set out in the Collection Schedule which shall be published on the Diamond2u.com Website or the date that the Gold and Silver is deemed available for collection, any subsequent collection intended to be made by the Customer shall be subjected to a minimum of four (4) Malaysian business days appointment of such collection at the designated collection address of the Company. |
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The Customer shall indemnify the Company against all delivery costs, insurance, government taxes, levy, stamp duty, expenses, etc. which may be charged upon the Customer but failed to be paid by the Customer, and continue to keep the Company indemnified against all legal actions or proceedings which may be brought against the Company in recovering such delivery costs, insurance, government taxes, levy, stamp duty, expenses, etc. |
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J. |
The Customer hereby acknowledge that in order to ensure highest security level of the Transaction, no collection of Gold and Silver or any other products may be made through the Customer’s authorisation or attorney. |
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The Customer acknowledges that the availability of the stock of Gold and Silver depends on market forces and demand and shall not hold the Company responsible for not able to make prompt delivery of the Gold and Silver to Customer in accordance to Clause 4J, provided that the Customer must be informed by the Company of such delay in delivery. The Company will on its best effort make available of the Gold and Silver to Customer in the shortest possible time. |
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| 7. |
USE OF THE INTERNET |
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The Customer hereby acknowledge that the primary method of accessing to the Customer’s Account, giving instructions to the Company and communicating with the Company, via the Company’s customer support department, is through the internet |
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The Customer shall be responsible for all telephone, cable, line and/or internet service provider, or similar charges incurred when using the Company’s services or accessing the Diamond2u.com Website, if any. |
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In order to access to the Customer’s Account the Customer must be in possession of an Account Number and a Password, which Password is established by the Customer and may be changed at any time by the Customer. The Customer must not disclose the Password for the Account to any third party or allow any third party access to the Password. |
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The Customer agree that the Company are, in respect of any instruction received from a person using the Customer’s Account Number and Password, entitled to assume that the person is the Customer. |
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The Customer must inform the Company of any changes to the Customer’s contact details and other information provided to the Company, including, but not limited to postal address, email address and telephone numbers. The Company may periodically contact the Customer to validate information. If the Customer does not respond, the Account may be suspended until the Company obtain verification of the Customer’s current contact information. |
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The Customer agree to use only legally purchased software, to implement adequate anti-virus and firewall protection and to apply all security related software updates on any computer and internet interface equipment that the Customer may use to access the Account. |
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G. |
The Customer shall be responsible for protecting the confidentiality of the Customer’s Password and shall change the Password as soon as is possible should the confidentiality of the Customer’s Password become compromised in any way. |
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In the event that the Customer lose or forget the Password, the Customer may require to re set Password on the Diamond2u.com Website in accordance with the procedure stated on the Diamond2u.com Website. |
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In the event of a failure of the internet for whatever reason which prevents access from the region or country in which the Customer is resident, the Company will undertake on a best efforts basis to operate the Account by alternative methods including telephone, facsimile or post. The Customer agrees to provide verification of the Customer’s identity as requested by the Company before the Company can act on any instructions that the Customer give to the Company using such alternative methods of communication. |
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The Customer hereby acknowledges and agrees that the Company have made their best effort in ensuring the security and confidentiality of the Customer’s information and/or Transactions. The Customer further agree that all Transactions as performed via the internet may be subjected to risk of cyber crime, in which event the Company shall not be unreasonably held liable for any losses or damages caused, arising from incidents which are out of reasonable foreseeability or control of the Company. |
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| 8. |
FEES |
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A. |
The Customer hereby authorises Diamond2u.com to charge a fee on each occasion that the Customer conduct a Transaction with Diamond2u.com when the Customer buy Gold and Silver from Diamond2u.com and/or Other fees such as Card Administration Fees as stipulated in Clause 5F for the use of Credit Card as set out in the Fee Schedule from time to time, which is published on the Diamond2u.com Website. |
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Any increase of the fees in clause 8A charged by Diamond2u.com is subject to thirty (30) days prior written notification as described in clause 2C before taking effect. Diamond2u.com will seek to provide the Customer with as much notice of any changes to its fees as is practicable which shall in all cases be subject to prevailing market conditions. |
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| 9. |
TERMINATION |
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This Agreement will remain in effect and will bind the Customer and the Company until such time as the Account is closed. The Company may in its entire discretion terminate this Agreement for any reason whatsoever, including any breach of this Agreement by the Customer, or by security reasons. |
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B. |
The termination of this Agreement does not relieve the Company of obligations to account to the Customer for the Gold and Silver which has been transacted and available for delivery via the Account. |
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The termination of this Agreement shall not relieve the Customer from the Customer’s obligations to settle with us any outstanding payment which has been charged upon the Customer including any cancellation fees, Card Administration Fees, delivery costs, insurance, government taxes, levy, stamp duty, expenses etc which might have already incurred by the Company. |
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For avoidance of doubt, the Customer shall not on his/her own initiative terminate this Agreement or any transaction made subjected to this Agreement. |
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| 10. |
BUY-BACK |
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A. |
The Company warrants to the Customer that the Gold and Silver that the Customer purchased from the Company under this Agreement may be transacted with buy-back whereby the Company agrees to purchase the Gold and Silver from the Customer at the buying price as published on the Diamond2u.com Website, provided that the Gold and Silver, the safety seal, the capsule and/or the container, etc of the Gold and Silver is in the opinion of the Company or its agent, staff or employee, found to be at its original condition, together with the valid original Sales Invoice and Delivery Order (hereinafter referred to as “buy-back”). |
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The Company hereby agrees to buy-back the Gold and Silver at the buying price as stipulated on the Diamond2u.com Website which may vary from time to time at the sole discretion of the Company in accordance to the buying price as published on the Diamond2u.com Website, provided that the Gold and Silver must be in its original condition without tampering of the original safety seal, the capsule or the container of the Gold and Silver so purchased from the Company and/or are of satisfactory quality and purity as offered by the Customer, and also provided that such buy-back Transaction is accompanied with a valid original Sales Invoice and Delivery Order. |
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The Customer hereby acknowledges that the Company shall have the discretion to refuse the buy-back of the Gold and Silver from the Customer, or to vary the buying price which will be offered by the Customer in the event that the safety seal, capsule or container is suspected to have been tampered with, or that a valid original Sales Invoice or Delivery Order is not produced, or that the Company discovered unsatisfactory quality or purity of the Gold and Silver as offered by the Customer. |
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The Company shall appoint Tomei Gold & Jewellery (MV) Sdn Bhd as the Company’s agent in dealing with the buy-back of the Gold and Silver from the Customer, whereby the Customer may call to any of the retail outlet operated by Tomei Gold & Jewellery (MV) Sdn Bhd for such buy-back transaction. |
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In the event of Clause 10C above, all such discrepancies of the Gold and Silver in quality or in purity shall be duly informed to the Customer at the retail outlet where the Customer seeks buy-back by the Company. All buy-back prices shall be then informed at the said retail outlet whereby any buy-back prices compromised between the Customer ant the Company shall be final and conclusive for that buy-back transaction, notwithstanding that the buy-back price might differ from the market price or any other prices stipulated by the Company on the Diamond2u.com Website. |
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F. |
The Customer hereby acknowledges that the Company shall have full discretion to refuse buy-back of any of the Gold and Silver traded by the Customer, particularly but not limited to that the safety seal of the Gold and Silver is found or suspected to have been tampered with or that the authenticity of the Gold and Silver or any other products are in doubtful position, which shall be decided on the sole discretion of the Company. |
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G. |
All money payable under Buy-Back of the Company will be transacted in Ringgit Malaysia (RM), whereby any buy-back of the Gold and Silver or other products which are quoted at price not more than Ringgit Malaysia One Thousand only (RM1,000.00) shall be payable by the Company to the Customer in term of cash upon acceptance of the price by both parties; whereby any buy-back of the Gold and Silver which are quoted at price more than Ringgit Malaysia One Thousand only (RM1,000.00) shall be payable by the Company to the Customer via bank credit transfer within three (3) Malaysian business days from the day both the parties agreeing to the buy-back transactionand such bank credit transfer shall only be made towards the customer bank account registered in the customer Account maintain at Diamond2u.com website . |
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H. |
For the purpose of computing the day of buy-back Transaction, any buy-back Transaction accepted or deemed accepted by both the parties after 1.00pm on an ordinary business day shall be considered as Transaction of the next ordinary business day. |
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| 11. |
CONFIDENTIALITY AND PRIVACY |
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A. |
The Company recognise the Customer’s right to confidentiality and privacy and agree that, except when required to provide information to comply with any regulatory or legal obligations imposed upon the Company or any form of legal process, access to information about the Customer is only provided to the Company, its staffs, agents and associated service providers, and then only on a need-to-know basis. |
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B. |
The Company warrants that the Company shall at all times be bound by the principles set out in the Privacy Policy that appears on the Diamond2u.com Website, which policy shall be deemed to form part of this Agreement. |
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The Customer shall also maintain high confidentiality of all Transactions the Customer have completed or are under progress with the Company except when required to provide information to comply with any regulatory or legal obligations imposed upon the Customer. |
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The Customer acknowledges that the Diamond2u.com Website and its contents are confidential and have been developed through the expenditure of substantial skill, time, effort and money. The Customer agrees to protect the confidentiality of Diamond2u.com Website and/or its third party service providers by allowing access to the Diamond2u.com Website and its contents only by its employees and agents on a need to access basis. The Customer shall not publish, distribute, or otherwise make information available to third parties any information derived from or relating to the Diamond2u.com Website. The Customer shall not copy, modify, de-compile, reverse engineer, and make derivative works of the Diamond2u.com Website or in the manner in which it operates |
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| 12. |
LIMITATION OF LIABILITY |
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A. |
All orders and/or Payments made to Us, particularly but not limited to those above the sum of Ringgit Malaysia Fifty Thousand only (RM50,000.00) may be subjected to governance under the Anti-Money Laundering and Anti-Terrorism Financing Act 2001. |
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B. |
The Company shall not be liable for any taxes, levies, interests, stamp duties so imposed upon the Customer by any local authorities, Governmental bodies, or regulatory bodies on the Transactions made via the Diamond2u.com Website. |
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C. |
All orders to buy Gold and Silver and instructions to make Payments placed through Diamond2u.com’s online systems are accepted on a best efforts basis only. The Company shall not be responsible for errors, negligence or inability to execute orders or make Payments, nor shall the Company be responsible for any delays in the transmission, delivery or execution of the Customer’s order due to breakdown or failure of transmission or communication facilities, or to any other cause or causes beyond Diamond2u.com’s reasonable control or anticipation including (without limitation) volatile markets and/or trading disruptions. |
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D. |
If the Customer believes that any item reported in the Account is incorrect, or that any unauthorised or fraudulent activity has taken place, the Customer shall immediately contact the Company on the same day. The Company will make every reasonable effort to investigate the matter and/or to restore the Account to the position it was in prior to the said activity in the event that such discrepancies is attributed by the Company, however the Customer hereby acknowledges that if the Customer shall contact us of the unauthorised or fraudulent activity in the Account more than one (1) business day after the said activity occurred, it shall not be the fault or negligence on part of the Company if such activity cannot be rectified. Therefore the Company shall not be liable for any losses or damages therein caused to the Customer. |
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The Customer shall not be held responsible for any unauthorised or fraudulent payments arising from: |
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any loss or damage caused by unauthorised, fraudulent or grossly negligent acts committed by the Company; or |
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any loss or damage resulting from a breach of security of the Diamond2u.com Website except where such payments resulted from the misuse of the Customer’s Password |
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E. |
The Company shall under no circumstances be liable to the Customer for: |
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any special, general, direct, indirect, incidental or consequential damages, even if We had been advised of the possibility thereof; or |
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any damages resulting from latent defect, loss of data or profits. |
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F. |
The Company shall be relieved from its obligations under this Agreement, including but not limited to cause delivery of the Gold and Silver that the Customer have ordered or purchased, if and to the extent that the Company are unable to carry out all or any of its obligations hereunder owing to |
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Wars, civil commotion, vis major, acts of God, strikes, riots, lockouts, governmental controls or restrictions, non-availability of any equipment or telecommunications or computer systems or any other causes beyond the reasonable control of the Company or of Diamond2u.com; and/or |
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Neglect, serious fault or wilful misconduct on the part of the Customer including any failure to keep the Customer’s Password secure and any failure to comply with the Company’s Customer Acceptance Policy as described in clause 4. |
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| 13. |
INTELLECTUAL PROPERTY RIGHTS |
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A. |
The Customer acknowledges that any and all of the intellectual property rights including, but not limited to, trademarks, service marks, trade names, copyright and other rights used or embodied within the Diamond2u.com Website are and will remain to be property of the Company. |
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B. |
All information and material supplied by the Company to the Customer, excluding other information specific to the Account, constitutes part of the Company’s confidential and proprietary information except for any such information or material in the public domain through no fault of the Customer. The Customer shall not reproduce, copy or disclose such confidential and proprietary information without prior written consent from the Company. |
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C. |
The Customer warrants that the Customer shall not, tamper with, modify, reverse engineer, gain unauthorised access to, or in any way alter, or make attempts to do any of the above to any of the Company’s software or the Diamond2u.com Website. Any actual breach, anticipatory breach, or reasonable suspect of such breach of warranty shall results in the Customer’s Account being suspended and/or terminated, notwithstanding that the Company shall reserve its rights to commence legal action against the Customer committing such breach. |
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| 14. |
ACTIONS FOR DORMANT ACCOUNTS |
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In the event that the Customer failed to maintain at least one (1) access to the Account in a continuous period of one (1) year, the Account will be deemed dormant. The Company shall exercise all reasonable effort to locate the Customer, notwithstanding that the Company shall not be liable howsoever for any losses or damages caused to the Customer should the Customer cannot be located. |
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| 15. |
FORCE MAJUERE |
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A. |
The Company may, in the Company’s reasonable opinion, determine that an emergency or an exceptional market condition exists (a “Force Majeure Event”), in which case the Company will, in due course, inform the appropriate regulatory authority and take reasonable steps to inform the Customer. A Force Majeure Event will include, but is not limited to, the following: |
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any act, event or occurrence (including without limitation any act of God, strike, riot or civil commotion, act or terrorism, war, industrial action, acts and regulations of any governmental or supra national bodies or authorities) that, in the Company’s opinion, prevents the Company from maintaining an ordinarily deal in Transactions |
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ii. |
the suspension or closure of any market or the abandonment or failure of any event on which the Company base, or to which the Company in any way relate, the Company’s quote, or the imposition of limits or special or unusual terms on the trading in any such market or on any such event; |
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any breakdown or failure of transmission, communication or computer facilities, interruption of power supply, or electronic or communications equipment failure. |
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B. |
If the Company determine that a Force Majeure exists, the Company may, at the Company absolute discretion, without notice and at any time, take one or more of the following steps |
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close all or any of the Customer’s open Transactions at such price as the Company reasonably believe to be appropriate; |
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suspend or modify the application of all or any of the Clauses of this Agreement to the extent that the Force Majeure Event makes it impossible or impracticable for the Company to comply with the Clause or Clauses in question; or |
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close all or any of the Customer’s Account and return all monies standing in credit in the Account to the Customer. |
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| 16. |
SEVERABILITY |
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In the event any one or more of the provisions, clauses, subclauses, etc. of this Agreement shall for any reason is held to be invalid, illegal or unenforceable, the remaining provisions shall remain valid and enforceable |
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| 17. |
TIME IS OF ESSENCE |
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Time wherever mentioned in this Agreement shall be of the essence. |
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| 18. |
SUCCESSORS BOUND |
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This Agreement shall be binding upon the estate, legal representatives, successor-in-title, executors or administrators of both the Company and the Customer. |
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| 19. |
GOVERNING LAW |
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In the event of any dispute arising in connection with this website, such dispute will be governed and resolved in terms of the laws of Malaysia, and any party accessing this website agrees to submit to the exclusive jurisdiction of the Courts of Malaya. |
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Effective Date: November 2011
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