General Terms & Conditions of Bullion Services

Welcome to pwgroup.my (“PWB Website”), operated by Pavilion Wee Bullion Sdn. Bhd. (1368295-D) (“PWB”). When using PWB Website or engaging in transaction with PWB, you acknowledge that you have read and agree to be bound by this Terms and Conditions.

PWB reserves the right to, including but not limited to amend, change, modify the contents of this Terms and Conditions at its absolute discretion from time to time. Any revisions to this Terms and Conditions will be posted on PWB Website. Your continued use of PWB’s services through PWB Website shall constitute your agreement to the revised version of this Terms and Conditions. .

1. SALES OF GOODS TO PWB
If you are selling goods and/or items (“the Goods”) to PWB on PWB Website, you hereby warrant and undertake to PWB the following:

a) You are the sole owner of the Goods and/or the agent duly authorized or consented by the owner of the Goods to supply and/or sell the Goods to PWB;
b) The Goods are free from any and all pledges, securities, mortgages, liens, caveats, charges and/or any and all encumbrances and/or any and all claims by third parties;
c) The Goods are not received, obtained and/or purchased from suspicious and/or questionable sources or transactions and not proceeds of unlawful activities and/or not stolen properties under the definition of Section 410 of the Penal Code and/or do not form part of any money laundering activities; and/or
d) You have conducted due diligence on the supplier or seller of the Goods to ensure that the Goods are received, obtained and/or purchased from legitimate sources.

2. INDEMNITY
2.1 You will be solely responsible for any and all liabilities whether criminal or civil related to the Goods and shall indemnify the PWB for any and all losses or damages arising from any liabilities related to the Goods.

2.2 You shall indemnify and keep PWB indemnified from and against any and all losses and/or damages arising from any civil and/or criminal liabilities and/or legal fees and costs incurred as a result of any breach of your covenant, guarantee, declaration and/or warranties contained herein.

3. INVESTMENT RISK
You understand and acknowledge that investment markets involve significant degree of risk and you take full cognizance of the risks related to the purchase or sale of the Goods on PWB Website. You understand that PWB shall not be responsible for any losses caused by your investment decisions. PWB disclaims all warranties (express or implied) and any and all responsibility or liability for the accuracy, legality, reliability, or availability of any content on the PWB Website. Statistics contained on PWB Website are provided for general educational purposes only. In no event is this information constitute investment advice.

4. REGISTRATION OF ACCOUNT
During registration of an account with PWB Website, you shall:

a) provide accurate, complete and up to date registration information together with the necessary supporting documents;
b) safeguard your own username and password; and
c) authorise PWB to assume that any person using your username and password is authorised to act for you.

It is your responsibility to maintain the confidentiality of your account (including username and password) and to restrict access to any computer you use to access your account or complete a transaction. By using PWB Website, you accept full responsibility for any activity which occurs on your account and release PWB from any liability therefor.

5. TERMINATION OF ACCOUNT
Access to the PWB Website may be terminated, suspended or modified at any time by PWB for any reason, without notice to you. Upon such suspension or termination, you must immediately (a) discontinue use of PWB Website, and (b) destroy any copies. Our disclaimer will nevertheless survive any such termination.

6. DATA PROTECTION
In the event any information submitted by you to PWB contains personal data that is subject to the protection of applicable privacy and data protection laws and regulations, PWB shall limit the disclosure and processing of the personal data to such extent as is reasonably required to effect performance of the services and for such other purposes as may be required by law. You warrant that all personal data provided to PWB has been fairly and lawfully obtained and you have the authority to disclose such personal data to PWB for the purposes mentioned above. You shall fully indemnify and keep PWB fully indemnified against any and all liability incurred by PWB as a result of such breach howsoever arising.

7. ANTI-MONEY LAUNDERING/COMBATING THE FINANCING OF TERRORISM
The operation of PWB complies with Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 (“AMLA 2001”). For this purpose, you agree to disclose to PWB the personal information needed for identification purposes, if you wish to create, continue or carry out the business relationship or a particular transaction with PWB. When necessary, you shall provide PWB with the information and documentation necessary for identification purposes and must also notify PWB of any changes which may occur in the course of the business relationship.

8. APPROPRIATE USER CONDUCT AND USE
You may not use PWB Website for any illegal or unauthorized purpose and must at all times comply with all applicable domestic and international laws, statutes, ordinances and regulations which are related to usage of PWB Website or the goods and services provided by PWB.

9. LIABILITY LIMITATION
You agree that PWB shall not be liable to you and/or any third party for any direct, indirect, consequential, exemplary, special, punitive, or incidental damages whatsoever that arise out of or are related to PWB Website or the goods and services provided by PWB.

10. SEVERABILITY
The invalidity or unenforceability of any provision of this Terms and Conditions shall not affect any other part of this Terms and Conditions.

11. GOVERNING LAW
The Terms and Conditions are governed by the laws in force in Malaysia.

12. ENTIRE AGREEMENT
This Agreement constitutes the entire and only agreement between PWB and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to PWB Website, the content, products or services provided by or through the PWB Website, and the subject matter of this Agreement. This Agreement may be amended at any time by PWB from time to time without specific notice to you. The latest Agreement will be posted on PWB Site, and you should review this Terms and Conditions prior to using PWB Website.

General Terms & Conditions of Domestic Transport and Delivery Services

When using PWB’s services for domestic transport and delivery of Shipment, you as “Customer”, are agreeing, on your behalf and on behalf of the recipient of the Shipment and anyone else with an interest in the Shipment, that this Terms and Conditions shall apply. PWB reserves the right to, including but not limited to amend, change, modify the contents of this Terms and Conditions at its absolute discretion from time to time. Any revisions to this Terms and Conditions will be posted on PWB Website. The Customer’s continued use of PWB’s services through PWB Website shall constitute the Customer’s agreement to the revised version of this Terms and Conditions.

1. Definitions
“PWB” means Pavilion Wee Bullion Sdn. Bhd. (1368295-D).

"PWB Website" refers to the Website accessible via http://pwgroup.my/, software, database, contents, functionality, features, any linked web-sites, derivative works, information and print-outs thereof.

“Customer” refers to the sender, its employees, principals and/or agents and/or consignees and/or recipients.

“Shipment” means one or more parcel items containing goods or items which may be transported or delivered by any means of transport selected by PWB.

2. Registration of Account
During registration of an account with PWB Website, the Customer shall:

a) provide accurate, complete and up to date registration information together with the necessary supporting documents;
b) safeguard its own username and password; and
c) authorise PWB to assume that any person using PWB Website with the Customer’s username and password is authorised to act for the Customer.

3. Pick-up
a) PWB takes all pick-up arrangement data as per the Customer’s input on the PWB Website. Pick-up arrangement is deemed valid only if it is submitted successfully. If no pick-up was performed, the Customer is responsible to notify PWB and PWB shall re-arrange another collection from the Customer.
b) The Customer shall bear and pay all expenses and losses incurred by PWB by reason of any incorrect pick-up arrangement data provided by the Customer.

4. Delivery
a) PWB shall reserve the right to refuse delivery of any Shipment at its absolute discretion.
b) PWB shall deliver the Customer’s Shipment by any means of transport as it deems fit. PWB shall be entitled to subcontract on any terms the whole or any part of the delivery undertaken by PWB in relation to the Shipment and the Customer irrevocably authorise PWB to enter into such subcontract as agents on behalf of the Customer.
c) PWB shall be entitled, but under no obligation, to open and/or scan any Shipment at any time and to inspect the contents. If it appears at any time that the Shipment cannot safely or properly be delivered, either at all or without incurring any additional expense or taking measures in relation to the Shipment, PWB may without notice to the Customer take any measures and/or incur any reasonable additional expense to carry or continue the delivery thereof, and/or to cancel the delivery, whichever the PWB in his absolute discretion considers most appropriate. The Customer shall indemnify PWB against any reasonable additional expense so incurred. PWB in exercising the liberties contained in this clause shall not be under any obligation to take any particular measures and shall not be liable for any loss, delay or damage howsoever arising from any action or lack of action under this clause.
d) PWB will endeavour to deliver the Shipment in accordance with the usual delivery schedule and is not obliged to deliver the Shipment within any time limit. PWB shall not be liable for any damage or loss howsoever caused by delays in delivering the Shipment. PWB’s only responsibility is to deliver the Shipment to the address as per the Customer’s input on PWB Website.
e) PWB may deliver a Shipment to the recipient provided by the Customer on PWB Website or to any other person appearing to have authority to accept delivery of the Shipment on the Customer’s instruction. PWB does not warrant that the Shipment will be handled delicately and the Customer shall expect rough handling of the Shipment throughout the delivery. The Customer shall provide correct and complete details of the recipient and address of delivery for each Shipment to enable PWB to perform the delivery effectively.
f) If at any time the delivery of Shipment is or is likely to be affected by any hindrance, risk, delay, difficulty or disadvantage of any kind (including the condition of the Shipment), whenever and howsoever arising (whether or not the delivery has commenced) PWB may without notice to the Customer cease the delivery of the Shipment and where reasonably possible place the Shipment or any part of them at the Customer’s disposal at any place which PWB may deem safe and convenient, whereupon delivery shall be deemed to have been made and the responsibility of PWB in respect of such Shipment shall cease. In any event PWB shall be entitled to full Charges on Shipment received for delivery and the Customer shall pay any additional costs resulting from the above mentioned circumstances.
g) Once the Shipment is delivered to the place of delivery specified by the Customer, though not necessarily personally to a recipient named in person, PWB shall be deemed to have discharged its responsibility. PWB shall be deemed to have delivered the Shipment unless notice of loss of, or damage to the Shipment, indicating the general nature of such loss or damage, shall have been given in writing to PWB or to their representative at the place of delivery before or at the time of removal of the Shipment into the custody of the person entitled to delivery thereof.

5. Customer’s Obligations
a) The Customer shall be solely responsible for proper marking, labeling and packaging of any Shipment and that the contents are adequately and securely packed, wrapped and cushioned for transportation. The description and particulars of the Shipment are provided by the Customer on PWB Website and the Customer warrants to PWB that the description and particulars provided therein, including but not limited to weight, content, measure, quantity, quality, condition, marks, numbers and value are accurate, complete and correct. The Customer shall also provide the necessary documents, including but not limited to photograph and official receipt evidencing the value of the content therein.
b) PWB does not provide a protective service for the delivery of perishable Shipment which require protection from heat or cold. Such Shipment susceptible to change of temperature will be accepted for delivery solely at the risk of the Customer for any damage arising from the delivery.
c) The Customer shall comply with all applicable laws, regulations and requirements of relevant authorities and shall bear and pay all duties, taxes, fines, expenses and losses (including without prejudice to the generality of the foregoing, charges for any additional transportation undertaken) incurred or suffered by reason thereof or by reason of any illegal, incorrect or insufficient marking, numbering or addressing of the Shipment.
d) The Customer undertakes that the Shipment is packed in a manner adequate to withstand the ordinary risks of transportation having regard to their nature and in compliance with all laws, regulations and requirements which may be applicable.
e) No Shipment which are or may become dangerous, inflammable, damaging, injurious (including radioactive materials), noxious or which are or may become liable to damage any property or person whatsoever shall be tendered to PWB for delivery without PWB’s express consent in writing. If any such Shipment are delivered to PWB without such written consent and if in the opinion of PWB the Shipment are or are liable to become dangerous, inflammable and/or damaging in nature, the same may at any time be unloaded, destroyed, disposed of, abandoned, or rendered harmless without compensation to the Customer and without prejudice to PWB’s right to additional charges incurred by PWB from the Customer.
f) Whether or not the Customer was aware of the nature of the Shipment, the Customer shall indemnify PWB against all claims, losses, damages or expenses arising in consequence of the delivery of such Shipment.

6. Items not acceptable for Delivery
a) PWB shall not carry the following items:
    (i) dangerous, hazardous, combustible, radioactive, explosive, corrosive, biohazard, inhalation hazard, perishables (save for those which are acceptable by PWB), poisonous gases, prohibited drugs;
    (ii) currency (note or coin) of any nationality or negotiable instrument equivalent to cash (i.e. endorsed stock, bond, cheque);
    (iii) fraudulent, imitation, counterfeit, stolen, pilferage or illegal goods;
    (iv) live animals or plants (save for those which are acceptable by PWB); and
    (v) any item that is prohibited by law.
b) Should the Customer tender for Shipment any items as aforesaid with PWB, the Customer shall indemnify and keep PWB harmless against any direct or indirect claim, loss, damage, including legal cost (on a solicitor-and-client basis) in connection therewith. PWB shall be vested with the right to deal with such Shipment in any manner as it deems fit, including the right to abandon and destroy the Shipment without further reference to the Customer. PWB shall exclude its liability howsoever arising from such Shipment accepted by mistake on the part of PWB.
c) In the event PWB agrees to deliver any live animals or plants, PWB shall not be responsible for the survival of such animals or plants upon delivery and it shall be the sole responsibility of the Customer to provide proper packaging and ensure the suitability of health condition of such Shipment for transportation.

7. Liability
a) Every Shipment is transported on a limited liability basis on the terms stated herein. Subject to this Terms and Conditions, PWB shall only be liable for direct loss and damage to a Shipment and to the limits of the actual value/cost of the Shipment. All other types of loss or damage are excluded (including but not limited to loss of profits, income, interest, future business), whether such loss or damage is special or indirect, and even if the risk of such loss or damage was brought to PWB’s attention before or after acceptance of the Shipment.
b) It is compulsory for every Customer to purchase insurance with PWB covering the actual cash value in respect of loss of or physical damage to the Shipment and pay the applicable premium. Shipment insurance does not cover indirect loss or damage, or loss or damage caused by delay.
c) If the Shipment is partially lost or partially damage, then it will be compensated based on the level of damage or loss. If the partially lost or damaged parcel can be properly functioned upon repair, then it will be compensated based on the repair value.

8. Situation where PWB shall not be held liable
a) PWB shall not be liable for the Customer’s failure to comply with the conditions herein or resulting from Customer’s acts, negligence, default, misconduct or omission, including but not limited to inaccurate description of any Shipment; inadequate or inappropriate packaging, securing, marking or addressing of any Shipment; or for the act, default, negligence, misconduct, omission, violation of any conditions herein of the recipient or anyone who has interests in the Shipment.
b) PWB shall not be liable for any loss, damage, delay, shortage, mis-delivery, non delivery, misinformation or failure to provide information in connection with Customer’s Shipment which is:
    (i) beyond the reasonable control of the management of PWB;
    (ii) resulting from Acts of God; and
    (iii) by the occurrence of a force majeure event including but not limited to severe weather, fire and flood, war, rebellion, sabotage, riot, terrorism, strike or industrial dispute of whatsoever nature, act or omission of local or overseas public authority and changes in applicable law, disruption of air or ground network, mechanical problems to modes of transportation / machinery or material shortage (i.e. fuel and electricity).
c) PWB shall not be liable for any losses and damages caused by any fraud, wilful acts, reckless acts, acts, omissions, gross negligence of any person (including its employees, servants, agents, affiliates, contractors, their agents and their respective employees / agents) and shall not be vicariously liable for any such action or omission for which the management of PWB has exercised reasonable diligence

9. Claims
a) All claims shall be made in writing to PWB within thirty (30) days from the date that PWB picked up the Shipment, failing which PWB shall have no liability whatsoever.
b) The content, original shipping carton and packaging of the Shipment shall be made available to PWB for inspection and retained until the claim is concluded. No claim shall be entertained unless all outstanding amounts due to PWB from the Customer have been fully settled.

10. Indemnification
Customer irrevocably agrees to indemnify, defend, release and hold harmless PWB as against any and all liabilities, claims, demands, suits, judgments, damages, losses, costs and legal fee (on a solicitor and client basis) in connection therewith or incident thereto, arising out of Customer’s failure to comply with the conditions herein or resulting from Customer’s negligence, acts, defaults, misconduct or omissions or the Customer’s errors in the declaration of the Shipment or the provision of erroneous information relating to the Shipment or non-declaration of the dangerous nature of the Shipment and/or the failure of the Customer to comply with all applicable laws and regulations which apply to the Shipment.

11. Lien
PWB shall have a lien on the Shipment and any documents relating thereto for all sums whatsoever due at any time to PWB under this contract. PWB shall also have a lien against the Customer on the Shipment and any documents relating thereto for all sums due from the Customer to PWB under any other contract. PWB may exercise their lien at any time and at any place in their sole discretion, whether the delivery is completed or not.

12. Payment
a) All rates charged will be according to the rate proposal agreed or to be agreed between the Customer and PWB. In the event of dispute as to the calculation of the volumetric weight and/or the applicable rate, the calculation made by PWB shall be final and binding.
b) All invoices shall be due and payable by the Customer, without deduction or set-off, within the credit period granted by PWB.
c) In case of non-payment by the Customer of any outstanding amount, PWB shall be entitled to suspend any or all of the services, charge interest on all overdue amounts from the due date until payment and/or exercise such other right or remedy in respect of such outstanding amount.

13. Termination of Account
Access to the PWB Website may be terminated, suspended or modified at any time by PWB for any reason, without notice to the Customer. Upon such suspension or termination, you must immediately (a) discontinue use of PWB Website, and (b) destroy any copies. Our disclaimer will nevertheless survive any such termination.

14. Data Protection
subject to the protection of applicable privacy and data protection laws and regulations, PWB shall limit the disclosure and processing of the personal data to such extent as is reasonably required to effect performance of the services and for such other purposes as may be required by law. The Customer warrants that all personal data provided to PWB has been fairly and lawfully obtained and the Customer has authority to disclose such personal data to PWB for the purposes mentioned above. The Customer shall fully indemnify and keep PWB fully indemnified against any and all liability incurred by PWB as a result of such breach howsoever arising.

15. Severability
The invalidity or unenforceability of any provision of this Terms and Conditions shall not affect any other part of this Terms and Conditions.

16. Governing Law
The Terms and Conditions are governed by the laws in force in Malaysia.

17. Entire Agreement
This Agreement constitutes the entire and only agreement between PWB and the Customer, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to PWB Website, the content, products or services provided by or through the PWB Website, and the subject matter of this Agreement. This Agreement may be amended at any time by PWB from time to time without specific notice to the Customer. The latest Agreement will be posted on PWB Site, and the Customer should review this Terms and Conditions prior to using PWB Website.