S. WAN GOLD SDN BHD (1448812D)
1.1 For the purposes of these Terms and Conditions ("Terms"), unless the context otherwise requires, the following expressions shall have the following meanings:
1.2 Words importing the singular include the plural and vice versa. Words importing any gender include every gender. References to statutory provisions shall be construed as references to those provisions as amended or re-enacted from time to time.
2.1 By accessing, registering for, or using the Platform, You acknowledge that You have read, understood, and agree to be bound by these Terms, together with the Company's Privacy Statement and Goods Return Policy, which are incorporated herein by reference.
2.2 If You do not agree to these Terms in their entirety, You must immediately cease all use of the Platform and close Your Account.
2.3 The Company reserves the right to amend, modify, or update these Terms at any time at its sole discretion. Any such amendments shall be effective immediately upon being posted on the Platform. While the company may attempt to notify User of significant changes, it is the User's sole responsibility to review these Terms periodically. Your continued use of the Platform shall constitute unconditional acceptance of the latest version of the Terms.
2.4 These Terms constitute a legally binding agreement between You and the Company. It is Your responsibility to review these Terms periodically for any changes.
3.1 You must register an Account on the Platform in order to access and use its services.
3.2 You are required to provide accurate, current, and complete information during the registration process. You undertake to maintain and promptly update Your registration information to keep it accurate, current, and complete at all times.
3.3 The Company may require identity verification, before permitting You to conduct transactions on the Platform. You shall not conduct any transactions until such verification has been successfully completed, where required.
3.4 You must be at least eighteen (18) years of age to register for and use the Platform.
3.5 You are solely responsible for safeguarding the confidentiality of Your Account credentials, including Your password and any linked authentication methods. You shall be liable for all activities conducted through Your Account, whether or not authorised by You.
3.6 The Company reserves the right, at its absolute discretion and without prior notice, to suspend, restrict, or terminate any Account that:
4.1 Users may purchase gold through the Platform at the prevailing Buy Price displayed at the time the transaction is confirmed.
4.2 The Buy Price displayed at the time of transaction confirmation shall be final and binding. The Company shall not be obligated to honour any price other than the price displayed at the moment of confirmation.
4.3 Upon successful completion of payment, the corresponding quantity of gold (in grams) shall be credited to Your Gold Balance.
4.4 All completed purchase transactions are final and irrevocable. Subsequent fluctuations in gold prices shall not entitle You to a refund, adjustment, or compensation of any nature whatsoever.
5.1 Users may sell their gold to the Company at the prevailing Sell Price displayed at the time the transaction is confirmed.
5.2 The Sell Price displayed at the time of transaction confirmation shall be final and binding.
5.3 You may only sell gold that is available in Your Gold Balance. The quantity of gold sold in any transaction shall not exceed Your available Gold Balance at the time of the transaction.
5.4 Sale proceeds shall be remitted to Your designated bank account registered on the Platform. The processing time for fund transfers shall be subject to the processing schedules of the respective banking institutions and payment intermediaries.
5.5 All completed sale transactions are final and irrevocable. Subsequent fluctuations in gold prices shall not entitle You to additional compensation or reversal of the transaction.
6.1 Your Gold Balance represents physical gold held in custody by the Company on Your behalf.
6.2 The Company shall endeavour to maintain custody of physical gold in an amount not less than the aggregate Gold Balances of all Users on the Platform, subject to reasonable operational timeframes. The Company's records of Gold Balance shall be deemed prima facie evidence of the gold held, and minor discrepancies due to system processing times shall not constitute a breach of these Terms. The Company may engage qualified third-party custodians for this purpose.
6.3 Your Gold Balance is measured in grams and displayed within Your Gold Account.
6.4 Your Gold Balance may increase through purchase transactions and may decrease through sale transactions, Physical Gold exchanges, or such other deductions as may be provided for under these Terms.
6.5 The Company shall not pay interest, dividends, or any other form of return on Your Gold Balance. Your Gold Balance represents an entitlement to gold and does not constitute a deposit or financial product.
7.1 Users may purchase Physical Gold products directly through the Platform, subject to product availability.
7.2 The price displayed for each Physical Gold product on the Platform is the final price payable and includes the value of the gold and any applicable Premium.
7.3 The Premium may vary depending on the product type, weight, specifications, and such other factors as the Company may determine. The breakdown of gold value and Premium shall be reflected in the displayed price.
7.4 The Physical Gold product price displayed on the Platform at the time of purchase shall be the final and binding price for that product. Reference gold prices, Gold Balance prices, or external gold prices do not apply to Physical Gold product purchases.
7.5 Once payment is completed and confirmed, the Physical Gold purchase is final and irrevocable.
7.6 Physical Gold must be collected in accordance with the Platform's collection procedures. The Company's designated collection location, operating hours, and collection requirements are published on the Platform. The Company reserves the right to defer the collection date for the Physical Gold due to logistical constraints, stock availability or high demand. Such delay shall not entitle the User to any refund or any form of compensation.
8.1 Users may exchange their Gold Balance into Physical Gold products available on the Platform, subject to product availability.
8.2 The Platform shall display the quantity of Gold Balance required and any applicable Premium payable for the selected Physical Gold product at the time of Exchange.
8.3 Any applicable Premium must be paid in full before the Physical Gold is issued or made available for collection.
8.4 Upon confirmation of the Exchange, the corresponding Gold Balance shall be deducted from the Gold Account, and a collection invoice shall be generated.
8.5 Upon collection, the User must present a valid form of identification together with the invoice or QR code provided by the Platform. The Company reserves the right to refuse collection if proper identification or documentation is not presented.
8.6 Once Physical Gold has been collected and acknowledged by the User, the Exchange shall be deemed complete and irrevocable.
8.7 The Physical Gold product price and any applicable Premium displayed on the Platform at the time of Exchange shall be final and binding.
9.1 Gold transacted through the Platform is based on 999.9 fine gold unless otherwise specified for a particular product.
9.2 Physical Gold products listed on the Platform shall clearly specify their purity grade, weight, and product specifications.
10.1 The Platform supports such payment methods as are displayed and made available within the Platform from time to time. The list of supported payment methods may be updated by the Company at its discretion.
10.2 Payment must be successfully completed before any gold purchased is credited to Your Gold Account.
10.3 Payment must be successfully completed before any Physical Gold purchase or Physical Gold Exchange request is processed.
10.4 The price displayed for Physical Gold products on the Platform is the final and binding price. Such price includes the value of the gold and any applicable Premium. Full payment of the displayed price is required before issuance or collection of the Physical Gold.
10.5 If payment is not successfully completed within the validity period specified for the transaction, the transaction or Exchange request shall not be processed and may be automatically cancelled.
10.6 The Company shall not be liable for any delays, errors, or failures caused by banks, payment providers, or external systems. Any fees, charges, or levies imposed by such third parties in connection with payments made on the Platform shall be borne by You unless otherwise expressly stated by the Company.
10.7 You are solely responsible for ensuring the accuracy of Your payment information and that sufficient funds are available at the time of transaction.
11.1 All transactions on the Platform follow a defined lifecycle and may have the following statuses: Pending, Completed, Failed, or Cancelled.
11.2 A transaction shall be deemed "Completed" upon verification of payment and corresponding update to Your Gold Balance or issuance of the relevant product.
11.3 Completed transactions are final, irrevocable, and cannot be reversed, cancelled, or modified.
11.4 The Company maintains a complete and auditable record of all transactions for compliance, regulatory reporting, and dispute resolution purposes. Transaction records shall be retained for a minimum period of seven (7) years in accordance with applicable laws and regulations.
11.5 You may access Your transaction history through the Platform at any time. It is Your responsibility to review Your transaction records regularly and to report any discrepancies to the Company promptly.
12.1 You are solely responsible for maintaining the security and confidentiality of Your Account credentials, including passwords, PINs, and any linked devices or authentication methods.
12.2 You shall immediately notify the Company in the event of any actual or suspected unauthorised access to Your Account.
12.3 The Company employs industry-standard security measures, including but not limited to encrypted communications and secure authentication protocols, to protect Accounts and transactions.
12.4 The Company shall never request Your password, PIN, or OTP via email, telephone, or any other channel. You shall not disclose Your credentials to any person, including Company employees.
12.5 The Company shall not be liable for any loss or damage arising from unauthorised access to Your Account resulting from Your failure to maintain the security of Your credentials.
13.1 GOLD PRICE VOLATILITY: The price of gold is subject to significant fluctuation based on international market conditions, geopolitical events, currency movements, and other factors. The value of Your gold holdings may decrease as well as increase. Past performance is not indicative of future results.
13.2 MARKET RISK: You bear the full risk of gold price movements from the time of purchase. The Company does not provide any guarantee, representation, or warranty as to the future value or performance of gold holdings.
13.3 CURRENCY RISK: Gold is priced internationally in United States Dollars (USD) and converted to Malaysian Ringgit (MYR). Fluctuations in the USD/MYR exchange rate may adversely affect the price of gold in MYR terms.
13.4 OPERATIONAL RISK: Whilst the Company employs reasonable measures to ensure the reliability and availability of the Platform, technical issues, system downtime, cyber-attacks, or disruptions to third-party services may temporarily impair Your ability to access the Platform or execute transactions.
13.5 COUNTERPARTY RISK: Payment transactions are processed through third-party payment gateways and banking institutions. The Company shall not be liable for delays, errors, or losses attributable to such third parties.
13.6 You acknowledge and confirm that You have read, understood, and accepted the risks set out in this Section 13, and that You assume full responsibility for all trading and savings decisions made through the Platform.
14.1 Pending transactions may be cancelled by the User at any time prior to the completion of payment.
14.2 Completed transactions (where payment has been confirmed and gold credited or debited) are final, irrevocable, and non-refundable, except as expressly provided in these Terms or as required by applicable law.
14.3 In the event that a Manifest Error (including but not limited to technical error or system malfunction results in an incorrect transaction and/or transactions executed at prices that deviate from prevailing market rates), the User shall notify the Company's support team immediately. The Company shall investigate such matters and, where an error is confirmed, shall take such remedial action as it deems appropriate at its sole discretion. The Company also reserves the right, without liability, to void, cancel, or adjust such transactions to reflect the correct market price at the time of the error.
14.4 Physical Gold exchange orders that are not collected within the specified collection period may be cancelled by the Company. In such event, the equivalent gold shall be re-credited to the User's Gold Balance.
14.5 Any dispute, claim, or controversy arising out of or in connection with the use of the Platform or these Terms shall first be referred to the Company's customer support team for resolution. If the dispute cannot be resolved through the Company's internal processes, it shall be submitted to the exclusive jurisdiction of the courts of Malaysia.
15.1 The Company collects, processes, and protects Your personal data in accordance with the Personal Data Protection Act 2010 (PDPA) of Malaysia and the Company's Privacy Statement.
15.2 By using the Platform, You consent to the collection and processing of Your personal data as described in the Company's Privacy Statement, which forms an integral part of these Terms.
15.3 Personal data collected includes, but is not limited to, Your name, contact details, identification documents, bank account information, transaction records, and device information.
15.4 Your personal data shall be used for account management, transaction processing, KYC compliance, regulatory reporting, fraud prevention, and improvement of the Company's services.
15.5 The Company shall retain Your personal data and transaction records for a minimum period of seven (7) years following account closure, as required for regulatory compliance and audit purposes.
15.6 You have the right to request access to and correction of Your personal data held by the Company, subject to the provisions of the PDPA. Such requests shall be directed to the Company's support team.
16.1 To the maximum extent permitted by applicable law, the Company, its directors, officers, employees, agents, and affiliates shall not be liable for:
16.2 In no event shall the Company's total aggregate liability to You in respect of any claim or series of related claims exceed the value of the specific transaction giving rise to such claim.
16.3 Nothing in these Terms shall operate to exclude or limit the Company's liability for fraud, wilful misconduct, or any other liability that cannot be excluded or limited under applicable law.
17.1 The Company shall not be liable for any failure to perform or delay in performing any of its obligations under these Terms if such failure or delay results from circumstances beyond the Company's reasonable control, including but not limited to:
17.2 In the event of a Force Majeure event, the Company shall use reasonable endeavours to resume the affected services as soon as practicable and shall notify Users of any material disruption through the Platform or other appropriate channels.
18.1 You agree to indemnify, defend, and hold harmless the Company from and against any and all claims, damages, losses, liabilities, and expenses (including legal fees) arising out of or related to:
19.1 All intellectual property rights in and to the Platform, including but not limited to trademarks, logos, trade names, software, content, design, and user interface elements, are and shall remain the exclusive property of the Company.
19.2 Nothing in these Terms grants You any licence, right, title, or interest in or to any intellectual property of the Company, except for the limited right to use the Platform in accordance with these Terms.
19.3 You shall not copy, reproduce, modify, distribute, reverse engineer, or create derivative works based on any part of the Platform without the prior written consent of the Company.
20.1 You may terminate Your Account at any time by contacting the Company's support team. Prior to account closure, You must sell or exchange all gold in Your Account, and any remaining Gold Balance must be reduced to zero.
20.2 The Company may suspend, restrict, or terminate Your Account immediately and without notice at any time and for any reason, including but not limited to:
20.3 Upon termination, the Company shall process any remaining Gold Balance in accordance with its standard procedures. The provisions of these Terms that by their nature are intended to survive termination (including without limitation Sections 13, 16, 17, 18, and 21) shall continue in full force and effect.
21.1 The Company reserves the right to amend, modify, or update these Terms and Conditions at any time at its sole discretion.
21.2 Any such amendments shall be effective immediately upon being posted on the Platform. While the Company may attempt to notify User of significant changes, it is the User's sole responsibility to review these Terms periodically. Your continued use of the Platform shall constitute unconditional acceptance of the latest version of the Terms.
22.1 These Terms and Conditions shall be governed by and construed in accordance with the laws of Malaysia.
22.2 Any dispute, controversy, or claim arising out of or in connection with these Terms, including any question regarding its existence, validity, or termination, shall be submitted to the exclusive jurisdiction of the courts of Malaysia.
22.3 Nothing in these Terms shall prejudice Your statutory rights as a consumer under Malaysian law, including but not limited to the Consumer Protection Act 1999.
23.1 Entire Agreement: These Terms, together with the Privacy Statement and Goods Return Policy, constitute the entire agreement between You and the Company with respect to the use of the Platform and supersede all prior agreements, representations, and understandings.
23.2 Severability: If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be severed and the remaining provisions shall continue in full force and effect.
23.3 Waiver: The failure or delay by the Company in exercising any right, power, or remedy under these Terms shall not operate as a waiver thereof, nor shall any single or partial exercise of any such right preclude any further exercise thereof.
23.4 Assignment: You may not assign, transfer, or delegate Your rights or obligations under these Terms without the prior written consent of the Company. The Company may assign its rights and obligations under these Terms at any time without notice.
23.5 Notices: Any notice required or permitted under these Terms shall be delivered via the Platform, electronic mail to the address registered to Your Account, or such other method as the Company may specify.
For any enquiries, complaints, or requests relating to these Terms and Conditions, please contact the Company through the following channels: