The following are the terms of a legal agreement between you (“you”, “the Customer”, “your”) and MK Bullion Sdn Bhd (“MKB”, “we”, “us”, “our”) and for your use of the services. Our company is registered under the Companies Commission of Malaysia with registration name as MK Bullion Sdn Bhd and registration number is 202301032758 (1526681-U), having its registered office at CT-05-01 Corporate Tower Subang Square, Jalan SS15/4G, Subang Jaya, 47500, Selangor, Malaysia.

By accessing, browsing and/or using the Website, you acknowledge that you have read, understood and agree to be bound by these Terms of Service and to comply with all applicable laws and regulations.

We reserve the right to amend this User Agreement at any time. We will notify you of such changes by posting the revised User Agreement with the amended Terms of Service on our Website. Users of our online services will be requested to accept the amendment(s) by ticking the relevant box on our website. Your continued use of the Website or our services after any change to our Terms of Service constitutes your agreement to be bound by such changes.

We may terminate, suspend, change, or restrict access to all or any part of the Website without notice or liability.

Definition

The key terms that we use in these Terms of Service are in bold, including the following:

Authorised Representative refers to a person appointed by the customer fully authorised to act on his behalf and accepted as such by MK Bullion Sdn Bhd

Bullion means platinum, gold or silver (no matter whether coined or not)

Business Day means a day other than a Saturday, Sunday or a public holiday in Malaysia

Buy Order refers to any and all your orders and purchases of Bullion, whether made through our Website, by telephone, by e-mail, in person or in any other way

Force Majeure Event refers to any event beyond our control, including but not limited to sabotage, acts of God, war or warlike hostilities, civil riots, acts of terrorism, government restrictions, and /or shortage of material or labour, which may cause a delay or failure to perform such obligation through no fault of ours

LBMA refers to the London Bullion Market Association

Linked Bank Account means the bank account provided by you in your initial verification form. The system is designed so that the Linked Bank Account beneficiary and the invoice beneficiary are always in the exact same name as that of whose identity was verified during the account opening process

Nationalisation Event means any act, including seizure, arrest, detention, confiscation, requisition, prohibition, interference, impounding, forfeiture or other restriction, by any government, other than Malaysia, or by persons acting or purporting to act on behalf of any government, and any other cause or circumstance whether of the kind herein enumerated or otherwise, against a customer’s control, ownership or possession of any type of metal, including Bullion.

Order Confirmation Upon completion of your buy or sell order you will receive a confirmation from us listing all details of the transaction. This paper or electronic document serves as evidence of buying or selling Bullion from or to us respectively

Platform refers to the computer and/or internet based service provided by us through our Website, which allows customers to stay informed and to transact with us. This includes all secure areas of the Website in addition to any technology made available to you

Sell Order means any and all sell orders for Bullion, whether made through our Website, by telephone, in person, by e-mail or otherwise

Services means the roles that we perform in buying and selling Bullion and providing supporting activities and administration

Terms refers to the terms and conditions that are set out in this document together with any other policies referred to herein

USD means United States Dollars

Verified Customer refers to a customer that has been verified and accepted as a client.

Website means our Website: www.mkbullion.com

Disclaimers

We are not required to be licensed and/or regulated by the Bank Negara Malaysia (“BNM”) nor any other regulators in or outside Malaysia. Physical Bullion is not a regulated financial instrument under Malaysia laws and is treated like any other physical goods that can be freely purchased or sold.
BNM does not regulate any of our products and services and these products do not fall within the remit of the Financial Deposit Insurance Scheme of Malaysia.
We do not provide any investment or other forms of advice, nor do we make any recommendations to you. We solely perform, on an “execution only” basis; the buying, selling, testing of Bullion.
Your agreement to these Terms of Service shall be indicated by way of acceptance via our Website by clicking or ticking the “I Agree” box (or by your signature at the bottom of these Terms of Service if on paper, if applicable). If you disagree with any part of these, you must notify us immediately and without hesitation, and discontinue your use of our Services and our Website.
Where we have published a document that is referred to within these terms and conditions, the content of that document shall also form part of these Terms of Service and shall be deemed as being understood and accepted by you. In the instance of any inconsistencies or contradictions, the meaning taken from these Terms of Service shall prevail.
Any references in this User Agreement to a given date and/or time shall mean Peninsular Malaysia time (UTC +8).

Your Purchase of Bullion

We reserve the right to refuse or cancel any order of any kind without prior notice in the event that:
We are unable, for whatever reason, to procure any or adequate Bullion to satisfy your Buy Order due to causes beyond our control;
Your payment is not received on time;
The price is incorrect, for whatever reasons, including but not limited to computer-related or technical problems or otherwise, pricing error, incorrect item descriptions; and/or
The order is deemed questionable, suspicious or of significant risk to us. Any such decision made by us is final and we are not obliged to disclose the grounds of our decisions.

Documents & Cancellation

We will issue you the following documents upon completion of a transaction:
Invoice: This is your proof of a completed purchase and it is the document that records the transfer of legal ownership of purchased Bullion Parcels to your name. The invoice certifies that full payment for the Bullion has been received from you and that your Bullion is ready for collection by you or delivery to you. The Invoice is also proof of purchase by you which entitles you to sell back the precious metals in the future if you want to sell the precious metals to us.
Delivery Note: We issue these along with your delivered Bullion Parcels. We require a physical signature on this document when you take physical possession of the Bullion. The document acts as proof of delivery for the selected parcels and lists possible delivery charges.
You agree to notify us immediately if you notice any discrepancies on documents issued to you under these Terms of Service. If a discrepancy is not reported within 10 business days from the date of download, you agree that the document can be considered to be correct by us. We reserve the right to correct any discrepancies discovered, and notify you of such correction.

Use of our Website or Platform;

Fault or negligence of any entity furnishing any facilities, equipment or services used in connection with the Website or Platform;
Failure or delays in transmission, malfunction of equipment, breakdown or failure of any telecommunications systems, software or hardware provided by any entity used to operate the Website; and/or
Causes beyond our reasonable control or anticipation.
We shall not be liable for any damages or losses, including direct, indirect, consequential or incidental damages and/or pure economic loss, which you may incur due to any actions and/or transactions with us and/or your reliance on or use of information obtained in any of our newsletters, literature, reports, e-mail correspondence, Website, or any other communication from us and we will incur no liability for any errors or omissions of such communications.
We reserve the right to modify any product or service information contained on our Website or in any publication, at any time without any prior notification.
Notwithstanding any other provision in these Terms of Service, the entire liability of us for any and all claims, losses or damages arising out of or in connection with any transaction between us and you or for any other reason whatsoever, shall be limited to the amount that you paid in such transaction. We shall not, in any event, be liable for any indirect, incidental, special, consequential, exemplary, punitive or other damages as a result of its or its directors’, officers’, employees’, contractors’ and/or agent’s service, equipment or facilities.
Nothing in these Terms of Service shall pass to us, or shall be construed as acceptance by us of, any of your liability, debt or other obligation (whether accrued, absolute, contingent, known or unknown) for anything done or omitted to be done in connection with the Collateral Parcels and you shall:
Indemnify and hold us harmless against any and all obligations, liabilities, action, award, claim or other legal recourse, complaint, cost, debt, demand, expense, fine, liability, loss, outgoing, penalty and proceeding arising therefrom; and
Perform any obligation falling due for performance or which should have been performed under these Terms of Service.
Nothing in these Terms of Service shall exclude or limit our liability in the event of:-
any damage suffered by you as a result of a violation of the Consumer Protection Act of Malaysia by us;
fraud or fraudulent misrepresentation by us; or
any matter for which it would be illegal for us to exclude or attempt to exclude its liability.

Shipping Policy:

We are only shipping within Malaysia, including East Malaysia with courier of our choice. Order will be discreetly packed and under video recording. There will be nothing on the packaging to hint or to suggest the content inside the parcel. Parcel will be tracked parcel. MK Bullion Sdn Bhd’s responsibility will cease the moment the parcel is marked delivered. Shipping fee will be calculated at check out stage. Shipping option is only available for order with a value of RM10,000 or below. For order with a value of more than RM10,000, customer must come to the collection office to pick up the goods. In general, we will hold the order at the collection office for self pick up for ten (10) working days after order confirmation email is issued. If you need additional time, please communicate with us. If a package is unclaimed by you and sent back to us, we will contact you to rearrange another delivery which you agree to bear the cost of the re shipping fee.

If you feel a package is damaged or has been tampered upon arrival, DO NOT accept the package and notify MK Bullion Sdn Bhd immediately. Once you have signed for the package MK Bullion Sdn Bhd assumes no further responsibility/liability. In the event that a package has been damaged in delivery, MK Bullion Sdn Bhd will not be able refund or reship the purchased product until the appropriate carrier has notified MK Bullion Sdn Bhd in writing that said package has been damaged in shipping. At that point in time MK Bullion Sdn Bhd will, in our sole discretion, either replace the original product or refund the full purchase price.
We use a stringent packing and shipping procedure to ensure all products are sent as ordered, which includes continuous videotaping of all aspects of the packing and shipping process, photos of each product, and detailed tracking information.
However, in the event you believe there is a problem with any order, including any missing or damaged items, the problem must be reported to MK Bullion Sdn Bhd within two (2) business days of receipt of the order. Your failure to report a problem of any kind within two (2) business days of receipt of an order will constitute your acceptance of the order as received.

Hold For Pickup

When your order is ready for pickup, you will be contacted by our accounting department. You will then have ten (10) business days to pick up your order from our collection office.
When a customer comes into the MK Bullion Sdn Bhd to pick up an order he/she must have an identification card and the name and address on the IC must match the name and address on the order being picked up.
If your order is not picked up within the ten (10) business days, there will be charges applied to hold your order.

Communications & Use of the Website

Secure access to the Platform is provided through logging on to our Website by way of your username and password. These login credentials are unique to you and are our primary method of securely identifying you when delivering our Website Services to you.
You agree to keep your username and password secure at all times, and to not store them on a device or computer that would permit someone else to impersonate you. You are solely responsible for the safe guarding of these login credentials.
If you suspect that your access to the Platform has been compromised in any way, it is your responsibility to contact us immediately.
You confirm that you will not provide your username and password to any third parties. You shall be responsible for any actions performed on your account by the third party.
You confirm that you will only use our Platform for the purposes as outlined in these Terms of Service.
The Platform opening hours are decided by us and may be varied without prior notice.
We have the right not to act on your instructions under the following circumstances:-
In our reasonable option, we deem that your instruction was not sufficiently clear to act upon;
We could not verify your identity to our reasonable satisfaction;
The instruction was not made by you; and/or
We believe that the instruction may be related to an illegal activity.
You acknowledge that the method of giving instructions to us and communicating with us, via our customer support department, is through our Website and/or e-mail. The costs incurred when using our Services or accessing our Website are for your own account.
In the event of a failure of the Internet or Website for whatever reason which prevents access from the region or country in which you are resident, we will undertake on a best efforts basis to operate by alternative methods including telephone, facsimile or post. You agree to provide verification of your identity as requested by us before we can act on any instructions that you give to us using such alternative methods of communication.
You agree that we are entitled to assume, in respect of any instruction received from a person using your username and password, that the person is you.
You agree that we are entitled to communicate with you by e-mail and/or secure notification through our Website. We send a notification based on your communication preference for various requests.
You shall be deemed to have knowledge of the content of such notifications, and shall not hold us liable for any losses and/or damages that you may have suffered. If in doubt we reserve the right to hold off fulfilling a request until we can verify you initiated it.
You shall inform us if a notification suggests unauthorised access to your records. In the event of any unauthorised access to your records, we are entitled to investigate and seek the assistance of the authorities in detecting crime and arresting offenders.
Our communication method is through encrypted secured notifications and/or e-mail.
You also agree that we shall not be liable for any e-mail that is sent using the non-preferred option. You are responsible for notifying us of any and all such e-mails sent using via the non-preferred option, and we will use commercially reasonable measures to ensure that such e-mail is retrieved by us, and re-sent to you in accordance with your preferred option.
All notices and other communications to you shall be directed to the address or e-mail address that you provided to us at the time of your registration or as part of an order. We cannot be liable for any errors or changes in any addresses and/or e-mail address.

Amendments, Privacy and Breach

We reserve the right to correct any discrepancies or mistakes that we discover, and notify you of such correction.
Our practices shall remain compliant with all local laws and regulations on data protection and privacy in accordance with the Personal Data Protection Act 2010 (“PDPA”). You consent to the collection of personal data by us for the purposes of facilitating the provision of services under these terms of Service. We shall be entitled to use, disclose, transfer, or process such personal data, from time to time for in accordance with the PDPA.
We recognise your right to confidentiality after your identity has been validated and, as physical Bullion is not classified as a financial product, customer transactions do not fall under any financial reporting rules. However if we become suspicious of any attempt at money laundering, or if contacted by a authority with competence in the Malaysian jurisdiction in the exercise of lawful regulatory or enforcement authority in a matter of anti-money laundering (“AML”), or combating the funding of terrorism (“CFT”), you acknowledge and agree that we must assist the competent regulatory or law enforcement authority.
You may not assign or transfer these Terms of Service or any of your rights or obligations under these Terms of Service without the prior written consent of us. You agree that we shall be entitled to assign or transfer all or any of its rights under these Terms of Service and to perform any of our obligations in respect of these Terms of Service through, any of our subsidiaries, related corporations and affiliated companies.
If any term of these Terms of Service is held to be unenforceable for any reason, it shall not affect the other terms of these Terms of Service and the term that would otherwise be unenforceable shall be enforced to the fullest extent that it would be enforceable.
No failure or omission by us to carry out any obligation under these Terms of Service shall be deemed a breach of these Terms of Service if such failure or omission arises out of any event, including any Force Majeure event.

Representations and Warranties

You make the following representations and warranties to us at the time of entering into these Terms of Service and every time you use the Platform, Website or Services offered by us:-
You are over the age of 18 years;
You have the capacity to enter into this legal agreement and are of sound mind;
You confirm that you are not insolvent and/or bankrupt;
You confirm that all personal information that you provide about yourself is accurate and true to the best of your knowledge;
The Linked Bank Account is in your name
You have carefully considered the risks involved with using our Platform;
You are not acting in breach of any laws or regulations that are applicable to you;
You have taken all necessary action and obtained all required or desirable authorizations to enable you to execute, deliver and perform your obligations under the transactions contemplated by yourself and to make these admissible in evidence in the event of any legal proceedings. All such authorizations are in full force and effect;
Your obligations under these Terms of Service are legal, valid, binding and enforceable;
No event or circumstance is outstanding which constitutes (or, with the expiry of a grace period, the giving of notice, the making of any determination or any combination thereof, would constitute) a default or termination event under any other agreement or instrument which is binding on you or to which any of your assets is subject which has or is reasonably likely to have a material adverse effect on your ability to perform your obligations;
No litigation, arbitration or administrative proceedings are taking place, pending or, to your knowledge, threatened against you or any your assets, which, if adversely determined, might reasonably be expected to have a material adverse effect on your ability to perform your obligations;
Each of the representations and warranties in this section is deemed to be repeated by you on the date:
of effecting one of the Services provided by us; or
that payments are made or received

Force Majeure

No failure or omission by MK Bullion Sdn Bhd to carry out its obligations under these Terms of Service shall be deemed a breach of these Terms of Service if such failure or omission arises out of any event that is beyond its control, including, but not limited to, sabotage, Acts of God, war or warlike hostilities, civil riots, acts of terrorism and/or government restrictions including blockades, embargoes and/or trade restrictions, shortage of material or labor for any reason whatsoever or such other circumstances that may cause a delay or failure to perform such obligation through no fault of MK Bullion Sdn Bhd.