1. The materials posted on the Website are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our Website, or by anyone who may be informed of any of its content.
2. We are not required to be licensed and/or regulated by the Bank Negara Malaysia (“BNM”) as the Precious Metals are not a regulated financial instrument under Malaysia laws and are treated like any other physical goods that can be freely traded, purchased or sold.
3. BNM does not regulate any of our products and services as Precious Metals do not fall within the remit of the Financial Deposit Insurance Scheme of Malaysia.
4. We do not provide any investment or other forms of advice, nor do we make any recommendations to you. We do not provide advise as to whether you should enter into any Transaction with us. We solely perform, on an “execution only” basis; the buying, selling, testing of Precious Metals.
5. A reference to a person shall include a reference to an individual or individuals, firm, company, corporation, partnership, unincorporated body of persons, government, state or agency of a state or any association, trust, joint venture or consortium (whether or not having separate legal personality) and that person’s personal representatives, successors, permitted assigns and permitted transferees.
6. Your agreement to these Terms of Use shall be indicated by way of acceptance via visiting our Website.  If you disagree with any part of the Terms of Use, you shall cease the use of our Website on an immediate basis.
Any references in this Terms of Use to a given date and/or time shall mean Peninsular Malaysia time (UTC +8) and as for “Business Day”, it shall mean a day when the commercial banks are open for business, other than a Saturday or Sunday or a public holiday in Selangor.

1. Before the submission of the Purchase Order, you shall maintain a 3% margin deposit with us for each and every Transactions (“the Margin Deposit”).
2. The submission of a Purchase Order through our Website means that you have entered into a binding agreement with us to purchase Precious Metals at the price specified in our Invoice.
3. Your Purchase Order shall only be valid by containing (i) your details and information; and (ii) the quantities of the Precious Metals.
4. We shall verify and confirm the order made by you via our official email. For avoidance of any doubt, we shall reserve the right to check any discrepancies, and your Purchase Order will only be confirmed when it is verified by us with the issuance of our Invoice.
5. All the sales and Transactions are subject to Force Majeure events as provided in Clause 10 herein.
6. We shall have the absolute right to refuse or cancel any order of any kind without prior notice to you in the following events:
   1. We are unable, for whatever reason, to procure any or adequate Precious Metals to satisfy your Buy Order due to causes beyond our control;
   2. Your payment is not received on time as provided in Clause 2.8 herein;
   3. 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
   4. 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.
7. The Purchase Price of the Precious Metals shall be the price specified in the Invoice. The Purchase Price of the Precious Metals shall subject to any applicable tax imposed by the government.
8. You shall confirm with us on the currency of the Payment which either to be made in Ringgit Malaysia (RM) or United States Dollar (USD) for the Precious Metals.
9. Unless otherwise agreed between the Parties, all amounts due and payable by you under our Invoice shall be paid by interbank wire transfer to an account nominated us within three (3) working days from the date of our Invoice. Any amount not paid by you when due (whether on the stated date, by acceleration or otherwise) shall bear the default damages of 0.015% a day (which shall include the weekends and public holidays) as the agreed damages.
10. Upon the full payment, we shall inform you when the Precious Metals are ready to be collected via our official email and you shall confirm in writing to us on the date of collection.
11. You are able to physically collect Precious Metals from our Office. During the collection, you shall issue an authorization letter with the company stamp together with the representative’s identity card to us.
12. Collection of purchased Precious Metals must occur within one (1) month from the date of our official email for collection, failing which, the collection order will either be cancelled or Precious Metals shall be transferred into storage and storage fees will start to accrue in accordance with the prevailing storage rates which you shall fully responsible for the said storage cost.
13. If you not within the Klang Valley, you shall confirm the method of delivery and the cost of delivery shall be bound you.
14. Deliveries to overseas destination may be subjected to import duties and taxes. As the recipient, you shall fully liable for all import duties, customs and local sales taxes levied by the country shipping to.
15. All the Precious Metals are checked to ensure its good condition by us before deliver to you. We shall not be liable under any circumstances for any loss, damage or expense arising from in any connection with the delivery and any shipment.

1. Before the submission of the Sell Order, you shall maintain a 3% margin deposit with us for each and every Transactions (“the Margin Deposit”).
2. The prices listed in our Website are for reference and is not final. For walk-in Precious Metals sales to us, we will issue you a Sell Order to confirm our purchase price.
3. Prior to the issuance of our Sell Order for each Transaction(s), you shall provide a sample of the Precious Metal for us to conduct Fire Assay analysis (“Fire Assay Analysis”) wherein you shall bear the cost of Fire Assay Analysis and the result of the Fire Assay analysis shall be final and bind both parties.
4. The quantity, quality, description and specification of the Precious Metals transacted, shall be based on the result of the Fire Assay Analysis and the price of the Precious Metals for each Transaction(s) shall be based on our Sell Order which both have been unconditionally accepted by you Provided Always that no offer submitted by you shall be deemed accepted us unless and until confirm in writing by way of a Sell Order issued us.
5. We reserve our right to refuse or cancel any Purchase Order of Precious Metals, without prior notice to you in the following events:
   1. The listed price for the Precious Metals is incorrect due to a technical error or otherwise;
   2. We are unable to complete the Sell Order due to causes beyond our control;
   3. The transaction is deemed questionable, suspicious, or of risk to us; and/or
   4. We have reason to believe the sale and purchase transaction has become, may become or will become illegal.
6. Any such decision made by us is final and we shall not be obliged to disclose the grounds of our decisions.
7. Subject to any prior arrangement in writing between the Parties, you shall be entitled to 80% of the total payment on delivery of the Precious Metals to our Office.
8. The balance 20% of the total payment shall be made by us to you within five (5) working days from the date of the Fire Assay Analysis of the Precious Metals.
9. We shall make payment pursuant to this Terms of Use only, by way of direct credit to your designated Bank Account upon delivery or collection of the Precious Metals from you, as the case maybe you shall execute our payment voucher upon receipt the full payment.
10. Unless otherwise agreed in writing to the contrary you shall deliver the Precious Metals to our Office or such other place as maybe directed by us in writing.
11. For avoidance of any doubt, the Precious Metals shall be delivered to our Office within 15 days from the date of the Sell Order, failing which, you shall be liable for our costs, loses and damages incurred by us due to your default as provided in Clause 4 herein.
12. Where the Precious Metals are to be delivered in batch by batch, each delivery shall constitute as an individual transaction and failure by you to deliver any one or more of the transactions, shall give us the right to repudiate any of or all the individual transaction or to seek an indemnity from you to be indemnified against all losses, damages, costs and expenses incurred by us in connection thereof.

1. You shall notify us immediately if you notice any discrepancies on documents issued to you under these Terms of Use.  If a discrepancy is not reported within 24 hours from the date and time of issuance, you agree that the document is in order and the contents are correct. We reserve the right to correct any discrepancies discovered and notify you of such correction.
2. In the event that the cancellation of the Purchase Order or the Sell Order initiated by you, you shall be responsible for payments of any spot price difference, which shall be the difference of the price at which we sold to you or bought from you and the prevailing market price or prices at the time of the cancellation.  There will be an additional cancellation fee as published in the Schedule of Charges imposed to you as the costs, loses and damages incurred by us for your cancellation.
3. Any market gain by us on cancellations initiated by you shall not be refunded and shall remain our property and we shall forfeit the Marginal Deposit. Once we approve and agree to your cancellation order of Precious Metals, an ‘Order Cancellation” e-mail and/or written notice shall be sent to you together with an invoice for any excess amount due by you.  The excess amount shall be payable within 30 days from the date of the ‘Order Cancellation’ e-mail and/or written notice.  We reserve the right to refuse new orders until the excess amount is paid in full.

1. We shall not be liable for any incidental, indirect, special or consequential loss or damage including, but not limited to, loss of revenue, profits, contracts, business or anticipated savings, or loss of goodwill or reputation, whether foreseeable or not and whether arising from any act or omission in the Fire Assay Analysis

1. You have all necessary power and authority to execute, deliver and perform its obligations under the Terms of Use.
2. You are not required to obtain consent, approval, or authorization of, or exemption by, or filing with, any governmental authority or any third party in connection with the entrance into a transaction with us under the Terms of Use.
3. You agree that all banking charges both in Malaysia and overseas shall be borne by you and shall be deducted/charged to your account. These banking charges include, but is not limited to, a) all fees charged by our banks in receiving USD and/or MYR transfers to our account, b) all wiring, handling and other fees charged by the remitting and receiving banks, c) all fees charged by an intermediary bank, and d) all fees charged by any payment processing party.
4. You represent and warrant that any funds used for settlement do not represent any proceeds of crime, including any tax-related offences, and that you, or your affiliates, shareholders, directors (where applicable) or connected persons have not engaged in criminal activity or tax offences.
5. You represent and warrant that the source of Precious Metals is valid under the law.
6. You are aware and acknowledge that in compliance with the requirements of AMLA.
7. All monies from you which will be paid to us for the purchase of Precious Metals shall come from a lawful source of activity and not unlawful activities as defined under AMLA.
8. The Precious Metals from you which will be handed over to us shall come from a lawful source of activity and not unlawful activities as defined under AMLA.
9. Please note that we may return the funds and your Precious Metals, no matter the consequences, if we are not satisfied with its source, and proceed to cancel the requested transaction or settlement.  In case of doubt, we may contact you to seek additional information concerning the Precious Metals and funds' source, which you agree to provide.  You hereby agree and acknowledge that we are entitled to suspend the transaction until such additional information is received from you and is satisfactory to us which shall include by not limited to withholding the delivery of the Precious Metals to you and whatever payments to you.  You shall be liable for all losses, costs and expenses incurred by, directly or indirectly, us in connection with such suspension.
10. Upon any failure by you to comply with your obligations, we shall be entitled to any and all of the remedies available to us, whether at law, in equity or otherwise.
11. In the event that we must take any action against you to enforce your obligations under these Terms of Use, including, without limitation, turning your account over to a debt collection agency or a lawyer for debt recovery, you shall be liable for all of the costs and expenses incurred by us in connection with such action.
12. 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 the: -
    1. Use or termination of our Website;
    2. Fault or negligence of any entity furnishing any facilities, equipment or services used in connection with the Website;
    3. 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
    4. Causes beyond our reasonable control or anticipation.
13. 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.
14. We reserve the right and absolute discretion to modify any product or service information contained in our Website or in any publication, at any time without any prior notification.
15. 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.
16. Nothing in these Terms of Use 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:
    1. 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
    2. Perform any obligation falling due for performance or which should have been performed under these Terms of Service.

1. Secure access to our Website 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.
2. 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.
3. If you suspect that your access to our Website has been compromised in any way, it is your responsibility to contact us immediately.
4. 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.
5. You confirm that you will only use our Website for the purposes as outlined in these Terms of Use.
6. We have the right not to act on your instructions under the following circumstances:-
   1. In our reasonable option, we deem that your instruction was not sufficiently clear to act upon;
   2. We could not verify your identity to our reasonable satisfaction;
   3. The instruction was not made by you; and/or
   4. We believe that the instruction may be related to an illegal activity.
7. 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.
8. 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.
9. 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.
10. 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.
11. 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.
12. 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.
13. Our communication method is through encrypted secured notifications and/or e-mail.
14. You acknowledge that secured notifications require you to log in to read your messages. 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.
15. 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. You shall be responsible to inform us your new email accordingly by amending the email address in your profile.

1. We reserve the right to correct any discrepancies or mistakes that we discover, and notify you of such correction.
2. Our practices shall remain compliant with the Malaysia legislations 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. Kindly refer to our Privacy Notice for further details.
3. We recognise your right to confidentiality after your identity has been validated and, as physical Precious Metals 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.
4. We shall only disclose your identity and details to third parties which shall include the government agencies and authorities in accordance with our Privacy Notice.
5. You may not assign or transfer these Terms of Use or any of your rights or obligations under these Terms of Use 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 Use and to perform any of our obligations in respect of these Terms of Use through, any of our subsidiaries, related corporations and affiliated companies without prior notice to you.
6. If any term of these Terms of Use is held to be unenforceable for any reason, it shall not affect the other terms of these Terms of Use and the term that would otherwise be unenforceable shall be enforced to the fullest extent that it would be enforceable.
7. No failure or omission by us to carry out any obligation under these Terms of Use shall be deemed a breach of these Terms of Use if such failure or omission arises out of any event, including any Force Majeure event.

1. You make the following representations and warranties to us at the time of entering into these Terms of Use and every time you use our Website or Services offered by us:-
   1. You are over the age of 18 years;
   2. You have the capacity to enter into this legal agreement and are of sound mind;
   3. You confirm that you are not insolvent and/or bankrupt;
   4. You confirm that all personal information that you provide about yourself is accurate and true to the best of your knowledge;
   5. The Bank Account stated in your profile is in your name and/or you are the authorised personnel for the Bank Account;
   6. You have carefully considered the risks involved with using our Website and also the risks associated with the transaction and volatility of the Precious Metals;
   7. You are not acting in breach of any laws or regulations that are applicable to you nor any company, trust or partnership upon whose instructions you are acting;
   8. If you are not a resident of Malaysia, you shall be solely responsible for ensuring that usage of our Website and Services does not violate any laws or regulations applicable in your country of residence;
   9. 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;
   10. Your obligations and undertakings under these Terms of Use are legal, valid, binding and enforceable;
   11. 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 business, assets or condition or ability to perform your obligations;
   12. No litigation, arbitration or administrative proceedings are taking place, pending or, to your knowledge, threatened against you, any of your directors (where applicable) or any your assets, which, if adversely determined, might reasonably be expected to have a material adverse effect on your business, assets or condition, or your ability to perform your obligations;
   13. None of your assets placed with us represent proceeds of any criminal activity, or tax crimes; and
   14. All Collateral Parcels being held as security hereunder are solely owned by you, free and clear of any and all encumbrances, security interests, liens and rights and claims of third parties, including, without limitation, tax liens or claims and litigation affecting the Collateral Parcels, except the rights of us under the Loan Documents.
2. Where you are not a natural person (a corporation or organisation), you additionally warrant that:
   1. You are duly incorporated and validly exist under the laws of its jurisdiction of incorporation;
   2. You have the power to own your assets and entering the Terms of Use with us without any reservation;
   3. You have the power and authority to execute, deliver and perform your obligations under the Loan Documents and the transactions contemplated by them. No limit on your powers will be exceeded as a result of the borrowing or the grant of the Security contemplated by the Loan Documents; and
   4. Your execution, delivery and performance of the obligations in, and transactions contemplated by the Terms of Use, do not and will not contravene or conflict with:-
      1. Any constitutional document and/or Memorandum and Articles of Association;
      2. Any agreement or instrument binding on it or its assets or constitute a default or termination event (however described) under any such agreement or instrument; or
      3. Any law or regulation or judicial or official order, applicable to it.
3. Each of the representations and warranties in this Clause 9 is deemed to be repeated by you on the date:
   1. of effecting one of the Services provided by us and/or enter into a transaction with us; or
   2. that payments are made or received.

1. We shall not be liable for any failure to fulfil any terms of the Terms of Use and shall be entitled without liability on our part and without prejudice to our other rights, to terminate this Agreement or at its option to suspend or make partial deliveries or extend the time or time for delivery, if our performance under the Terms of Use is delayed, hindered or prevented by force majeure including but not limited to government action or inaction, acts of God, floods, earth movements, landslips, pandemic, decease and virus, subsidence, fire, explosion or any other circumstances of whatsoever nature beyond the reasonable control of us.

1. You shall, at your own expense, promptly execute and deliver all such documents, information and do all such things, as we may reasonably require for the purpose of giving full effect to the provisions of these Terms of Service.
2. You shall execute and do all such further acts, deeds, things as may be reasonably required so that full effect may be given to the terms and conditions of this Terms of Use.
3. We have the right to immediately and without notice set off any liability or debt that is owed by you to us.
4. Time whenever and wherever mentioned shall be of the essence of this Terms of Use.
5. These Terms of Service will be subject to the laws of Malaysia and any disputes and disagreements will be submitted to and decided upon by the courts of Malaysia.

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

1. AMLA refers to Anti Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 including any related ancillary or subsidiary legislation made thereunder.
2. Precious Metals means any gold, silver, platinum, palladium, cooper and any metals stated in the Purchase Order of the Sell Order which may take the form of bullions, nuggets, grains, consolidated gold matter in solid form thereof or any other form.
3. Business Day means a day when the commercial banks are open for business, other than a Saturday or Sunday or a public holiday in Selangor. References in this Agreement to, 24 hours, means the stated number of actually elapsed hours after the relevant notice or request, excluding the time occurring during a day that is not a Business Day.
4. Services means the roles that we perform in buying and selling Precious Metals and providing supporting activities i.e. refinery, recycling works and Fire Assay Analysis.
5. Terms refers to the terms and conditions that are set out in this Terms of Use together with any other terms referred to herein.
6. Transactions means any transactions (other than any such transaction which we shall have notified you is not to be subject to the terms and conditions of this Agreement) entered into between the Parties pursuant to which the Parties are obligated to purchase or sell Precious Metals.
7. RM means Ringgit Malaysia.
8. USD means United States Dollars.
9. Website means our Website: refine-au.com.