You are advised to read these terms and conditions (“T&C”) carefully before using Grand Global Gold’s website and/or platform (“Platform”). By using this Platform, you are deemed to have read and accepted these T&C without any limitations or qualifications. We reserve the right to revise the T&C from time to time at our absolute discretion without prior notice to you. Kindly refrain from using this Platform should you not agree to all or any of the T&C contained herein. We SHALL NOT be liable for any and all unauthorised use and/or access to this Platform.
For the purposes of this T&C, the term “you” and “user” shall mean the same wherein it shall refer to the customer and/or user of the Platform.
1. DISCLAIMER
1.1he contents or materials, information or functions contained in this Platform which includes but not limited to the text, images, graphics, sound files, animation files, video files, links therein are provided on an “as is” “as available” basis. We provide no warranty endorsements or representations, whether expressly or implied, as to the accuracy, adequacy, reliability timeliness, performance, completeness or suitability of the information and materials found or offered on this Platform for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
1.2. You hereby acknowledge that your access and use of the Grand Global Gold’s services (“Services”) constitutes your agreement to be bound by this T&C, which establishes a contractual relationship between you and Grand Global Gold. This T&C expressly supersede prior agreements or arrangements between Grand Global Gold with you (if any). Grand Global Gold may immediately terminate this T&C or any Services with respect to you, or generally cease offering or deny access to its Services or any portion thereof, at any time for any reason.
1.3. All data and/or password are end-to-end encrypted by us. Access to and use of data and/or password protected and/or secure areas of the Platform and/or use of the Services are strictly restricted to user with account only except for the parts and/or portions as selectively allowed by us. You shall not obtain or attempt to obtain unauthorised access to such parts of this Platform and/or Services, or to any other protected information, through any means not intentionally made available by us for your specific use.2. USE OF THE SERVICES
2. USE OF THE SERVICES
2.1. USER ACCOUNT
An active personal user Services account (“Account”) is required to use and/or access the Services. User must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18) with the legal capacity to enter into and form contracts under any applicable law. User who has breached or are in breach of the T&C contained herein or user who have been permanently terminated or temporarily suspended from use of any of the Services may not use the Services even if they satisfy the requirement herein. Account registration requires you to submit to Grand Global Gold, certain personal information, such as your name, address, mobile phone number and age, as well as at least one valid payment method (either a credit card or accepted payment partner). You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access and use
the Services or Grand Global Gold’s termination of this T&C with you. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by Grand Global Gold in writing, you shall only possess one Account.
By clicking “I ACCEPT” during registration process, your right to use the Platform will take effect provided that you satisfy the requirements above until terminated by you when you click “I DO NOT ACCEPT”. Upon successful registration of an account with us, Grand Global Gold may send you text (SMS) messages and/or email as part of the normal business operation of your use of the Services. You acknowledge that opting out of receiving text (SMS) messages and/or email may impact your use of the Services.
Upon creation and/or registration of the Account, you hereby undertake that you shall have the sole responsibility to ensure that the information provided by you is up to date and accurate.
2.2. USE OF ACCOUNT
The Account so registered and/or opened by you on our Platform shall be the sole and designated account for the purpose of debiting the purchase price of gold and/or crediting the sales proceeds for any gold trade-ins by you.
2.3. USER CONDUCT
You shall not allow persons under the age of 18 to use the Services and/or receive transportation of goods from Third Party Providers unless they are under parental supervision. The Account is strictly for the use of the user only who registered the Account with Grand Global Gold and you shall not assign or otherwise permit your Account to be used by any other person or entity. You shall only use the Services for lawful purposes and to comply with all applicable laws when using the Services. You shall not, in your use of the Services, cause nuisance, annoyance, inconvenience, or property damage, whether to Grand Global Gold, Third Party Provider or any other party. In certain instances you may be asked to provide proof of identity to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity.
2.4. TEXT MESSAGING AND EMAIL
By creating an Account, you agree that Grand Global Gold may send you text (SMS) messages and/or email as part of the normal business operation of your use of the Services. You acknowledge that opting out of receiving text (SMS) messages and/or email may impact your use of the Services.
2.5. CONTENT
You acknowledge that the content provided on this Platform is solely for informational purposes. Product representations including price, available stock, features, add-ons and any other details as expressed on this Platform are the responsibility of the merchant displaying them and is not guaranteed as completely accurate by Grand Global Gold. Submissions or opinions expressed on this Platform are those of the individual(s) posting such content and may not reflect our opinions.
2.6. USER PROVIDED CONTENT
Grand Global Gold may, in their sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to the Platform through the Services, textual and/or visual content and information, including commentary and feedback related to the Services and initiation of support requests (“User Content”). Any user content provided by you remains your property. However, by providing user content to the Platform, you grant Grand Global Gold a worldwide, perpetual, irrevocable, transferrable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such user content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and Grand Global Gold’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant Grand Global Gold the license to the user content as set forth above; (ii) neither the user content nor your submission, uploading, publishing or otherwise making available of such User Content nor Grand Global Gold’s use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation and (iii) all User Content uploaded on the Platform are legal and not against any laws, rules and regulations in the country.
You agree to not provide user content that is defamatory, libellous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Grand Global Gold in its sole discretion, whether or not such material may be protected by law. Grand Global Gold may, but shall not be obligated to, review, monitor, censor or remove User Content, at Grand Global Gold’s sole discretion and at any time and for any reason, without notice to you.
You agree that you shall have no recourse against Grand Global Gold for any alleged or actual infringement or misappropriation of any proprietary right in your communications to us.
Except for any information which we have expressly agreed to keep confidential, any feedback, data, answers, questions, comments, suggestions, plans, ideas or the like that you send to us via the technology platform provided herein, via email or howsoever otherwise whether in human or machine readable form, will be treated as being non-confidential and non-proprietary. Grand Global Gold assumes no obligation to protect such information from disclosure and will be free to reproduce, use, and distribute the information to others without restriction. We will also be free to use any ideas, concepts, know-how or techniques contained in information that you submit on the technology platform for any purpose whatsoever including but not limited to developing, manufacturing and marketing products and services incorporating such information.
2.7. NETWORK ACCESS AND DEVICES
You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device and you shall be responsible for such rates and fees. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Platform and any updates thereto. Grand Global Gold does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications. You agree that caching, hyperlinking to, and framing of the portal or any of its content are strictly prohibited.
Grand Global Gold reserves all rights to disable any links to, or frames of any site containing inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topics, names, material or information, or material or information that violates any written law, any applicable intellectual property, proprietary, privacy or publicity rights.
2.8. LINKS
Our Platform may provide links to other sites and vice versa merely for your convenience and information. We shall neither be responsible for the content and availability of such other sites that may be operated and controlled by third parties, nor for the information, products or services contained on or accessible through those websites. Your access and use of such websites remain solely at your own risk. We will not be liable for any direct, indirect, consequential losses and/or damages of whatsoever kind arising out of your access to such websites.
2.9. COOKIES
When using our software, the User enables Grand Global Gold to use cookies in relation to the access to the website. Cookies are small files of information, which often include a unique identification number or value, which are stored on your compute and/or device’s hard drive and/or storage as a result of you using this Platform and accessing the website. The purpose of this information is to provide you with a more relevant and effective experience on the website and/or device application, including presenting websites and/or application according to your needs or preferences. Cookies are frequently used on many websites on the internet and/or application and you can choose if and how a cookie will be accepted by changing your preferences and options in your browser. Some of our business partners (e.g. advertisers) use cookies on our website. We have no access to, or control over, these cookies.
3. PAYMENT
3.1. Payment Methods: User may make payments using two types of payment methods: payments by a credit and/or debit cards that we accept ("Card" or "Cards") or by electronically transferring money via Financial Process Exchange (“FPX”) for the use with the Services. Such list of payment methods may be modified by us from time to time. We may restrict the available payment methods to manage risk or based on the type of transaction. User may be required to verify that you control or has ownership of the Cards or bank account for payment via FPX that you register prior to using them for transactions or to obtain additional payment privileges. Should you realised there is cyber invasion, intrusion and/or non-authorised transaction charged to your Cards, bank accounts for payment via FPX, you should give a 24-hour written notice to Grand Global Gold and we will make our best endeavour to solve the issue within 7 days upon receipt of such written notice.
3.2. All Charges are due immediately and payment will be facilitated by Grand Global Gold using the preferred payment method designated in your Account, after which Grand Global Gold will send you a receipt by email. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that Grand Global Gold may, as the Third Party Provider’s limited payment collection agent, use a secondary payment method in your Account (if any).
3.3. Purchase of Gold
The User may, on any Working Day and from time to time purchase from Grand Global Gold such amount of gold subject to the terms and conditions herein contained. Upon the acceptance of the User’s application and/or transfer slip, as the case may be, Grand Global Gold shall forthwith record the purchase transaction in the transaction slip and thereafter in the statement issued by Grand Global Gold, the quantity of gold purchased and the price of gold per gram at the time of its receipt of the User’s application form and/or transaction slip, as the case may be.
3.4. Sale of Gold (Virtual Gold)
The User may instruct Grand Global Gold on any Working Day to sell the gold maintained in the account by completing the relevant withdrawal/sale form as prescribed by Grand Global Gold from time to time. Upon each sale, Grand Global Gold shall forthwith record in the transaction slip and thereafter in the statement issued by Grand Global Gold, the quantity of gold sold by the User to Grand Global Gold. The proceeds of the sale shall be paid to the User on the same Working Day by crediting into the User’s account or such other manner as determined by Grand Global Gold and agreed by the User from time to time.
The User’s written instruction to Grand Global Gold to sell as aforesaid shall be irrevocable once received by Grand Global Gold.
The sale of gold to Grand Global Gold shall be subject to the price quoted by Grand Global Gold and provided always that: -
(a) The packaging and security seal of the physical gold remains intact; and
(b) The serial number and barcode printed on the face of the packaging must match Grand Global Gold’s record.
3.5. Withdrawal of Physical Gold from Virtual Gold
Subject to the terms and conditions herein contained and provided always that the quantity of gold standing to the credit of the Account is sufficient, the User may withdraw any of physical gold from the account in the denomination of one (1), five (5), ten (10), twenty (20), fifty (50), one
hundred (100) grams or such other denomination as may be determined by Grand Global Gold from time to time. For the purpose of withdrawal, the physical gold from the account, the User shall submit a duly completed and signed placement/withdrawal of physical gold form to Grand Global Gold. A placement/withdrawal of physical gold form, once issued by the User, save for manifest error, shall be final and conclusive.
The User agrees that he will collect the gold from the designated place nominated by Grand Global Gold, on the date the User submits the withdrawal form or on such other time and date as notified by Grand Global Gold subject to availability of gold. The User further agrees that all risk of delivery of the physical gold shall pass to the User upon receipt of the gold by the User.
4. PRICING
4.1. Grand Global Gold reserve the right at any time to make any amendments to this Platform, including but not limited to the prices, products and services offered on this Platform whereby Grand Global Gold confers no liability and/or responsibility to notify you of such amendments thereof.
4.2. Products and prices offered on this Platform may not be similar to the products and prices offered at any of Grand Global Gold’s showrooms (if any) and/or third-party merchants and/or vendors as the promotions, campaigns, sales or offers are organised differently.
4.3. Grand Global Gold shall put in the best effort to ensure the prices stated on this Platform are accurate and updated. Due to the fluctuating prices of precious metals and stones, prices that are listed on this Platform are subject to changes without notice. However, in the unfortunate event of system error in pricing, Grand Global Gold reserves the right to cancel the order and refund the purchase price as per the policy.
4.4. The purchase and selling price of the gold shall be the price quoted by Grand Global Gold to the User upon placement of the purchase and/or selling order. The pricing shall include the prevailing word and local market conditions for the gold, the exchange rate between United States Dollar (USD) and Ringgit Malaysia (MYR) and the gold fineness.
4.5. In the event that the market conditions pertaining precious metals and stones are volatile, Grand Global Gold reserves the right to omit the
purchase and/or selling price of any of its goods as it shall be impractical to do so.
4.6. Before payment transaction is made and completed, the final price and weight of the purchase will be displayed for confirmation by you. Email for purchase confirmation will be sent which shall also display your transaction details.
4.7. All prices will be quoted in Malaysian Ringgit (MYR).
4.8. In the event the User chooses to set up virtual gold account with Grand Global Gold, the User confirms that the decision to open the account is based on his own judgment and/or on independent advice obtained without relying on any material provided or advice given by Grand Global Gold or its representative. Grand Global Gold shall have no responsibility or liability to the User whatsoever for any depletion and/or diminution of such gold purchased by the User under the said account. The User shall bear the any loss arising from the fluctuation in the price of gold.
4.9. The opening and/or closing of the gold account shall be entirely at the absolute discretion of Grand Global Gold, including Grand Global Gold’s rights to refuse any application for the opening of an account, or to refuse any purchase of gold, or to freeze an account fully or partially, or to refuse acceptance of any amount for account opening without assigning any reason(s) thereof and with notice to the User.
4.10. The User undertakes, acknowledges and agrees that: -
(a) All details and particulars completed by the User in the purchase order and the withdrawal/sale form shall be final and conclusive evidence as to the date and quantity of Gold purchased or sold by the User;
(b) The maximum amount/quantity of gold that can be sold by the User;
(c) shall be limited to the actual balance of the gold available in the account;
(d) and subject to the minimum quantity of gold to be maintained as prescribed by Grand Global Gold;
(e) Notwithstanding any provisions to the contrary and or any express or implied duty or obligation on Grand Global Gold’s part, Grand Global Gold shall be entitled not to accept any instruction for sale or purchase of gold and/or to quote any price in the period during which Grand Global Gold is unable to obtain quotation for gold prices for any reason whatsoever;
(f) The User shall be responsible for all taxes or levies payable on the account or for the gold purchased and/or sold under the account (if any);
(g) The account shall not be assignable or transferrable nor can the gold in the account be pledged or charged as security to any party other than to Grand Global Gold;
(h) The User shall upon opening the account simultaneously open and maintain the Designated Account for purpose of debiting the purchase price of gold, or crediting the sale proceeds received from the sale of gold.
5. CANCELLATION
5.1. Request for order cancellation shall be made within 24-hour upon placing the order provided that the order has not been shipped out by us. Grand Global Gold will not be able to make the cancellation once your order(s) have been shipped out.
5.2. To request for an order cancellation, you shall contact our customer service at the appropriate channels as provided by us on this Platform.
5.3. Accepted reason(s) for order cancellation are as follows:
(a) to change the size of the item; and/or
(b) to change shipping information
You hereby agree that any cancellation request due to change of mind is not acceptable.
5.4. Grand Global Gold shall issue the monetary refund in a form and/or medium as it deems fit which include but not limited to Platform e-Voucher. The said e-Voucher can be utilised at our Platform. Refund via original method of payment may be requested by you.
5.5. Once your cancellation request is approved, it may take up to fourteenthirty (1430) working days for the amount to be reflected in your bank account due to financial transaction processes with external parties.
6. DELIVERY AND SHIPPING
6.1. Our delivery time stated is by approximation only and may vary as per product to product basis. We will, at our capability deliver the orders to the designated address.
6.2. Correct and accurate address must be given when placing orders. Grand Global Gold shall not be responsible or bear any cost if address given is incorrect or inaccurate. Grand Global Gold shall not be responsible for late delivery due to the incorrect information/address or instructions provided by your end.
6.3. Once the order has been placed by you, Grand Global Gold will take approximately two (2) to three (3) working days to process before the order will be handed over to our trusted delivery partner to be delivered.
6.4. Estimated delivery timeline are as follows:
(a) Within Klang Valley: up to three (3) calendar working days;
(b) Within Peninsular: up to five (5) calendar working days;
(c) Within East Malaysia: up to seven (7) calendar working days
6.5. To check on the delivery status, you may refer to the tracking number updated in the order details.
6.6. Shipping charges and delivery time frame may be subjected to revision from time to time. During campaigns, peaks season or any promotional events, order process and delivery time may experience some delay. You are encouraged to contact our customer service for updates and further clarification if you so require.
6.7. In the event the order(s) are not able to be processed within the time period specified in the order confirmation email sent to you, Grand Global Gold will contact you via the contact information provided to notify you of such delay.
6.8. Grand Global Gold trusted delivery partner(s) will ensure the safety of all deliveries. In the case of lost during transition, Grand Global Gold will engage with the respective delivery partner to investigate for clarity and certainty before proceeding with the relevant monetary reimbursement to you, subject only to the event that the item is defective due to a manufacturing error, defective materials or the mishandling by our delivery partner(s), Grand Global Gold will bear the shipping costs and arrange for the delivery partner to pick up the defective or damaged item providing the packaging remains intact and replace with new item. .
6.9. The request to exchange must be made by the User within 24 hours from the time of receipt and sent to Grand Global Gold’s customer service. For User outside Klang Valley, the User is required to bear all delivery costs and/or charges. The User hereby acknowledges that all exchanged item shall be in new and original condition with original receipt. Grand Global Gold will not entertain any exchange request that have exceeded the exchange period as per Grand Global Gold’s policy.
6.10. You are advised to personally receive the order(s) once and/or when they are delivered. In the case that you are not available to receive the order(s), the user is required to make the necessary arrangement to ensure that the order(s) is properly and/or safely received. Grand Global Gold and our delivery partner(s) will not take any responsibility if unattended delivered order(s) with proof of delivery is lost.
6.11. The User is advised to inspect the item(s) on the spot before they are asked to sign the “Delivery Acknowledgement Form”. Once the form is signed, Grand Global Gold will no longer accept any return or refund. Exchange is still allowed if the exchange request is made within 3 working days after the date of pickup.
6.10.6.12. If the delivery of the order(s) failed or is delayed due to your actions and/or inability to receive and/or attend to the delivery upon being notified of such and/or incorrect delivery address was provided, the delivery package will be returned to Grand Global Gold. Any request(s) to for re-delivery shall be arranged between you and Grand Global Gold whereby you shall bear any additional delivery charges that is applied accordingly.
6.11.6.13. Any lack of conformity in the order at the time of receipt by you such as tampering of the packaging, you are advised to contact our customer service immediately. Failure to do so within a 24-hour period shall constitute a waiver of such right by you.
7. TRADE-INS
7.1. Any trade-ins of gold item(s) shall be calculated at the prevailing market rate at the time of the trade-in less twenty-five percent (25%) whereas it shall be calculated at less thirty percent (30%) from the prevailing market rate at the time of trade-in if it is in exchange for cash. This shall be applicable to Malaysia only.
7.2. Trade-in rate for diamond and yellow gold item(s) are at the sole discretion of Grand Global Gold. Trade-in price for gold wafer and gold coin are subject to the prevailing gold wafer and gold coin price as published by Grand Global Gold subject to the market price wherein the trade-in rate shall be subjected to the sole discretion of Grand Global Gold.
7.3. Weight of cubic zirconia and/or other stones shall be deducted from the overall weight of the item (s) during trade-ins.
8. EXCHANGE POLICIES
8.1. Exchange must be made within 3 working days from the date of parcel received. Item(s) must be in new and original condition with original receipt. Grand Global Gold will not entertain any exchange request that have exceeded the exchange period as per the company’s policy.
8.2. Exchange is limited only to the same category of item(s). If the price of the exchanged item(s) is lower than the original item(s), the difference will not be refunded and the difference will be top up
by the customer, should the price of exchanged item is higher than the original item(s).
8.3. Exchange are applicable only for normal yellow gold item(s), diamond item(s) and white gold item(s). All other item(s) including gold set with gems stone, semi-precious stone, jade, pearl, 999 gold gifts set, customized item(s), item(s) that have been sent for alteration and/or resizing are not allowed for exchange.
8.4. All exchange shall be subjected to the sole discretion of Grand Global Gold.
9. TAXES AND LEVIES
9.1. You hereby acknowledge and agree that you shall bear and/or be responsible for all taxes or levies payable on the Account and/or purchases on the Platform and/or trade-in transactions conducted with Grand Global Gold.
10. ACCOUNT STATEMENTS
10.1. You hereby acknowledge that the Account so set up by you on the Platform shall provide you with an account statement of all transactions conducted on the Platform including but not limited to any debiting and/or crediting of funds from your chosen and/or designated medium ("Account Statement").
10.2. You further acknowledge and agree that you shall have the duty to ensure that the contents of the Account Statement entered by us are correct. In the event that you wish to dispute any information presented on the Account Statement, you may contact our customer service and notify of such irregularities and/or errors.
10.3. You shall have seven (7) days from the date of such content and/or data being published on the Account Statement to dispute any information and/or data entered thereat. You hereby agree that upon expiry of the given period, you shall be deemed to have accepted the entries made up of the date of the last entry in the statement as true and accurate wherein you shall release Grand Global Gold from any and all liability and/or duty to make any amends thereof. Any complaints and/or disputes arising out of the content and/or data entered in the Account Statement after the expiry of the given period shall be subjected to Grand Global Gold’s sole and unfettered discretion.
11. SUPPLEMENTAL TERMS
11.1. Supplemental terms may apply to the Services from time to time, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to you in connection with the applicable Services. Supplemental terms are in addition to, and shall be deemed a part of, the T&C for the purposes of the Services. Supplemental terms shall prevail overthis T&C in the event of a conflict with respect to the Services provided herein.
12. CHANGES AND MODIFICATIONS
12.1. You shall note that Grand Global Gold may amend the T&C related to the Services from time to time. Amendments will be effective upon Grand Global Gold’s posting of such updated T&C at this location or the amended policies or supplemental terms on the applicable Services. Your continued access or use of the Services after such posting constitutes your consent to be bound by the T&C, as amended thereof.
12.2. We reserve the right at our absolute discretion and without liability to:
(a) change, modify, alter, adapt, add or remove any of the terms and conditions contained herein; and/or
(b) change, suspend or discontinue any aspect of this Platform.
We are not required to give you any advanced notice prior to incorporating any of the above changes and/or modifications into the Platform.
13. COPYRIGHT
Unless otherwise indicated, the copyright in this Platform and its contents or materials which includes but not limited to the text, images, graphics, sound files, animation files, video files therein and in their arrangement, is owned by us and is protected by applicable Malaysian and international copyright laws, international treaties and other intellectual property right rules and regulations. No contents or materials, whole or in part, of this Platform may be modified, copied, reproduced, displayed, performed, published, broadcast, distributed, retransmitted, transferred, licensed, sold, exploited or commercially dealt with in any manner without the express prior written consent by us.
14. INTELLECTUAL PROPERTY
14.1. OWNERSHIP
The Intellectual Property (including but not limited to, copyrights, trademarks, patent and/or industrial design) in and to the platform and the materials are owned, licensed to or controlled by us, our licensors, or our service providers. We reserve the right to enforce its Intellectual Property to the fullest extent of the law.
14.2. RESTRICTED USE
No part or parts of the Platform, or any materials shall be reproduced, reverse engineered, decompiled, disassembled, separated, altered, distributed, republished, displayed, broadcast, hyperlinked, mirrored, framed, transferred, or transmitted in any manner or by any means or stored in an information retrieval system or installed on any servers, system or equipment without our prior written permission or that of the relevant copyright owners. A copyright protects original works of authorship, such as videos, movies, songs, books, musicals, video games, paintings, etc. Generally, copyright law is meant to incentivize the creation of original works of authorship for the benefit of the public. Permission will only be granted to user to download, print, or use the materials for personal and non-commercial uses, provided that user do not modify and/or reproduce any materials and that Grand Global Gold or the relevant copyright owners retain all copyright governed under Copyright Act 1987 and other proprietary notices contained in the materials.
14.3. TRADEMARK
A trademark is a word, symbol, or design (such as a stylized brand name or logo) that a company uses to identify its goods or services and to distinguish them from other companies' goods and services. Generally, trademark laws exist to prevent customer confusion about the source of goods or services. The Trademarks are registered and unregistered trademarks of us or third parties. Nothing on the Platform and in this T&C shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks displayed on the Services, without our written permission or any other applicable trademark owner.
All the trademarks, service marks and logos displayed on this Platform are registered, pending and unregistered trademarks owned by us and their respective third-party proprietors. Unless the express prior written consent by us have been obtained, nothing contained on the Platform shall be construed as granting, by implication, estoppel or otherwise, any license or right to use, download, reproduce, copy or modify such trademark, service marks or logos. Similarly, no such trademark, service mark or logo may be used to link or to mark any link to this Platform without the express prior written consent by us.
14.4. User shall not do anything which infringe or exploit any patented rights of Grand Global Gold which involves any invention of an idea which permits in practice the solution to a specific problem in the field of technology and/or any invention may be or may relate to a product or process without the Grand Global Gold’s consent as prescribed by Section 36 of the Patent Act 1983.
14.5. User shall not conduct any acts which infringe the registered right of industrial design of Grand Global Gold (if any) which involves the features of shape, configuration, pattern or ornament applied to an article by any industrial process or any features which in the finished article appeal to and are judged by the eye as prescribed by Industrial Designs Act 1996.
14.6. In addition to the above, user shall not do anything to disassemble and examine or analyse in detail, to discover the concepts involved on how Grand Global Gold’s Platform works in order to produce and/or make and/or launch something similar which may mislead public into the impression that they are the same mobile application (“Reverse Engineering”).
14.7. In any event that the user breaches this Clause, Grand Global Gold reserves the right to terminate all agreement and/or T&C entered into with such user immediately and to initial and/or take legal actions against such user for all claims, rights and damages.
14.8. In the event that the user discover infringement of the above Intellectual Property rights of Grand Global Gold’s and/or any third parties by any parties, the user may make a report and/or notice of infringement to Grand Global Gold of such infringement.
14.9. User shall provide the necessary information for making report and/or notice on any infringement of the Intellectual Property rights as follows:-
(a) Specific identification of the Intellectual Property that the user believe is infringed. For trademarks, copyright, patent, industrial design include the written description of or link to copyrighted work;
(b) Nature of infringement (whether infringement occurs on the product, physical product packaging, image on the product detail page, or text on the product detail page);
(c) List of infringing item and link (URLs) for the item detail page;
(c) List of infringing merchant; and/or
(d) Supporting documentation or any other information that will help Grand Global Gold in processing the report.
15. USE OF PERSONAL INFORMATION
15.1. Our collection and use of personal information in connection with the Services is as provided in Grand Global Gold’s Privacy Policy. Grand Global Gold may provide and utilize the personal information to any parties necessary to process, store the information and utilize them as AURORA deems fit, including but not limited for the consultation of professionals, the filing of a complaint, dispute or conflict, payment gateway, to ensure that the delivery address or recipient details are correct and/or accident which requires disclosure.
15.2. We will use the personal information you provide through our Platform only for purposes for which the personal information was originally requested and for directly related purposes UNLESS we are required or authorised under any relevant law to disclose such personal information OR you give us your written consent to, directly or indirectly and/or expressly or impliedly, allow disclosure of such personal information.
16. LIABILITY
Your use of any information or material contained in our Platform is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this Platform meets your specific requirements. By using our Platform, you agree that we will not be liable under any circumstance, including negligence, for any direct, indirect or consequential loss arising from your use of the information and material contained in our Platform or from your access to the linked sites as described in Clause 5 herein. We are also not liable nor responsible for any material provided by third parties with their own respective copyright and shall not under any circumstances, be liable for any loss, damages or injury arising from these materials.
17. GOVERNING LAW AND JURISDICTION
The use of this Platform or any pages thereof are bound by the T&C of this Platform that are governed exclusively by and are to be construed in accordance with all applicable laws of Malaysia. By using this Platform, you hereby expressly consent to the exclusive jurisdiction of the Courts of Malaysia in any and all actions, disputes or controversies arising out of or relating to the use of this Platform.
