Terms of Use

1.1.This web site (the "Site") is owned and operated by BeSure ("BeSure", "we", "us" or "our"). BeSure makes this Site and the content, information, products and services available on this Site (collectively the " Service") subject to acceptance of and compliance with the terms and conditions set forth in these terms of use (collectively, the "Terms of Use") and elsewhere on this Site. The terms "you," "your", "yours", "member" "members" and "yourself" refer to all visitors/members to this Site. This agreement applies as between you, the user of Besure.my.
1.2.You have read this User Agreement and are agreeing to comply with and be bound by the terms and conditions set forth in this User Agreement and the Website, as amended from time to time.
1.3.This User Agreement applies to any and all orders, purchases and sales / sellback, whether made through the Website, telephone, e-mail or otherwise as well as for all services provided by BeSure and used and/or accepted by you. If you disagree with any part of this User Agreement, you must immediately discontinue your access or use of the Website and services of BeSure.
1.4.We reserve all rights to amend the terms and conditions from time to time without further notice to users of the site. Any amendment made will take immediate effect when such amendments are posted on the website.
1.5.From time to time, this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
1.6.This User Agreement shall be governed by and construed in all aspects in accordance with the laws of Malaysia and the parties hereto irrevocably submit to the non-exclusive jurisdiction of the courts of Malaysia.
1.7.The Anti-Money Laundering and Anti Terrorism Financing Act 2001 (Invocation of Part IV) Order 17th April 2008 for dealers in precious metals Section 13, paragraph 14(b), subsection 16(2) and section 24 of the Act effective as of 1st July, 2008, requires all dealers of precious metals to report transactions that exceeds a specific threshold amount, is suspicious in nature and there is reasonable grounds the proceeds are generated from an unlawful activity, to the Financial Intelligence Unit in Bank Negara Malaysia without alerting the Customer on the matter.
1.8.Therefore the Company is required to conduct due diligence on its Customer and maintain records of the profile and particulars of the Customer, nature of business, and intended nature of the transaction.
1.9.The sole relationship between BeSure and you is a purchaser-seller relationship.
1.10.Each person is permitted to create only one (1) account with BeSure.
1.11.We reserve the rights, at its sole discretion, to refuse or revoke registration to any applicant, and we are not obliged to give a reason for doing so.
1.12.You warrant that your registration details are true and accurate at all times and that you shall not impersonate any person or entity. You will maintain and promptly update the Account Information to keep it true, accurate, current and complete.
1.13.Once registered, you shall be the user of your account and you shall be the only person to operate the account.

Privacy Policy

2.1.It is our policy that personal information, such as your name, postal and email address, and telephone number, remains private and confidential. The personal information you provide is stored in a secure location, is accessible only by designated personnel, and is used only for the purposes for which you provide the information (such as to reply to your request).
2.2.If you also indicate that you would like to be added to our mailing database, your personal information will be added to the appropriate mailing list.
2.3.You consent to the collection of personal data by BeSure for the purposes of facilitating the provision of services under this User Agreement (‘Purpose’). BeSure shall be entitled to use, disclose, transfer, or process such personal data, from time to time for such Purpose in accordance with applicable law and the terms of this User Agreement or when demanded to do so by an order of court of a competent jurisdiction. There are no other circumstances under which we will provide personal information to third parties, nor will such information be sold by BeSure.
2.4.Each party undertakes to keep confidential and not disclose to any third party any information supplied by the other party under this User Agreement without the prior written approval of the other party.
2.5.All supplied sensitive information is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our payment gateway providers database only to be accessible by those authorized with special access rights to such systems, and are required to keep the information confidential.

Payment Policy

3.1.By placing an order, you are placing a legally binding offer in relation to the products in the order. The arrival of the offer is confirmed via e-mail after it has been placed. This confirmation does, however, not yet constitute our acceptance of your offer. The acceptance of the offer is declared by way of our order confirmation, or, alternatively, by the confirmation that the product has been shipped or by way of delivery of the products.
3.2.Once your offer to us via submission of order through BeSure’s e-commerce platform is received by us, it will constitute a legally binding agreement in which consideration by BeSure is given with respect to the agreement in terms of product reservation or purchases, depending on the nature of the respective products’ availability status as of the order submission. Cancellation of order by you subsequently will result in the application of our Market Loss Policy on your respective approved order.
3.3.You will be deemed to agree to the application of the Market Loss Policy on your order should cancellation come after the 15 minutes period starting from the time your order submission has been received based on the purchases and their respective prices stated therein after receiving the email confirming that BeSure has received your order submission.
3.4.We reserve all rights to refuse / cancel any order in the event that we are unable or whatsoever reason to procure any or adequate product to satisfy your order, or if customer payment is not received within the Payment Timeframe of maximum five (5) working days. Furthermore, we reserve the right to refuse / cancel any order deemed questionable, suspicious or of significant risk to us.
3.5.We reserve the right to refuse or cancel any order, in the event that BeSure is unable, regardless of the reason to procure any or adequate Silver bars to satisfy your order, or when the locked-in price is incorrect, whether due to computer-related problems or otherwise, pricing error, incorrect item, descriptions, or sudden movements in the precious metals market or export / import restriction.
3.6.The submission of a buy order means that you have entered into a binding agreement with BeSure to purchase bullion at the price specified on the Website, subject always to Clause 3.4. After you have submitted a buy order, a detailed confirmation e-mail will be sent to you from a BeSure representative within one business day. An invoice will be issued upon bullion delivery.
3.7.The price at which your buy or sell order is submitted is referred to as the locked-in price. For avoidance of doubt, proof of sending the email is evidence of receipt, unless an express delivery failure notification is received by BeSure within 6 hours of sending the Order Confirmation.
3.8.BeSure shall not be responsible for the inability to execute buy orders due to causes beyond BeSure’s control. Under such circumstances, in lieu of the bullion, BeSure shall refund the full amount you paid based on the time the buy orders were submitted.
3.9.Payment must always be initiated within one business day of your order date and be received within two business days after price lock-in. Longer payment deadlines can be arranged in exceptional cases upon agreement and at the sole discretion of BeSure. The decision of BeSure will be final and binding.
3.10.All cancellations of orders by you are subject to our ‘Market Loss Policy’ charge and a RM50 cancellation fee. Our 'Market Loss Policy' is explained at Clause 3.12
3.11.For orders submitted, you are responsible for any deficit between the price at which we sold to you and the offsetting purchase price or prices, if you cancel your order(s). That amount will be charged to you, in addition to the RM50 cancellation fee. Any market gain on cancellations shall remain the property of BeSure.
3.12.Cancellations, once approved, will be confirmed by e-mail through the issuance of an ‘Order Cancellation’. We will invoice you according to the Market Loss Policy with a thirty-day timeframe to pay the amount due in full. No future orders may be permitted until and unless all market loss is paid in full.
3.13.For the avoidance of doubt, any decision made by BeSure to refuse any order is final and we are not obliged to disclose the grounds of our decisions.

Shipping Policy

4.1.We ship your order using a variety of couriers, such as Poslaju and DHL, and shall choose the most suitable courier for your needs. When your order is shipped, you will receive a notification email from BeSure, which will contain your unique tracking number.
4.2.All orders are packed securely with quality packaging to protect your precious metals.
4.3.Shipping is free for purchases any Besure Bars.
4.4.Upon confirmation of payment, delivery is usually within 5 business days.
4.5.It is the customer's responsibility to arrange for a recipient for the shipment. Due to security precautions, a signature is required. Should no one be available to sign at delivery, you’ll receive a delivery notification slip that allows you to pick up your order at the nearest Post Office.
4.6.BeSure is responsible for ensuring that shipments are made to the address as stated in your purchase order; it is the customer’s responsibility to provide a valid and accurate address.

Testing Policy

5.1The lab tests on all bars were executed with integrity by Besure Pte Ltd as shown on the date of assessment. Since then the bar might not have been under Besure Pte Ltd's surveillance and further tampering of the bar by third parties may be possible.
5.2Besure Pte Ltd does not accept any responsibility, liability nor claims for damage caused by the information that is obtained from the testing laboratory results and how this information is to be used.

Risk Disclosure

6.1.You expressly agree and acknowledge that by requesting an order from BeSure , BeSure is not liable for any form of losses incur or damage caused by the purchase of products and you have the sole responsibility for risks associated with the price volatility of precious metals and the ability to liquidate the purchased products.
6.2.The silver market is subject to substantial fluctuations including significant and rapid increases and decreases in value from time to time. Investors must be able to assume the risk of such price fluctuations.
6.3.You also acknowledge and agree that BeSure is an independent precious metals dealer and is not a registered investment advisor or stock broker / dealer. BeSure does not provide advice related to investment, legal, accounting or tax issues. Any and all materials and/or information provided by BeSure, regardless of media, are for informational purposes only.
6.4.BeSure shall not be liable for any damages or losses, including direct, indirect, consequential or incidental damages, which you may incur due to the use or termination of the Website, or due to the fault or negligence of any entity furnishing any facilities, equipment or services used in connection with the Website, or due to the 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, or due to any other cause beyond the reasonable control or anticipation of BeSure .
6.5.Notwithstanding any other provision in this User Agreement, the entire liability of BeSure for any and all claims, losses or damages arising out of or in connection with any transaction between BeSure and you or for any other reason whatsoever, shall be limited to the amount that you paid in such transaction.
6.6.No failure or omission by BeSure to carry out its obligation under this User Agreement shall be deemed a breach of this User Agreement if such failure or omission arises out of any event that is beyond its control, including, but not limited to, sabotage, Acts of God, war or warlike hostilities, civil riots acts of terrorism and/or government restrictions including blockades, embargoes and/or trade restrictions and/or shortage of material or labor for any reason whatsoever or such other circumstances that may cause a delay or failure to perform such obligation through no fault of BeSure .
6.7.Any failure by you to comply with your obligations under this User Agreement, BeSure shall be entitled to any and all the remedies available to us, whether at law, in equity or otherwise. You shall be liable for all of the costs and expenses incurred by us in connection for any action taken against you to enforce your obligations under this User Agreement.
6.8.In the event that BeSure must take any action against you to enforce your obligations under this User Agreement, including, without limitation, turning your account over to a collection agency or a lawyer for collection, you shall be liable for all of the costs and expenses incurred by BeSure in connection with such action.
6.9.Either BeSure or you may terminate this User Agreement, with or without cause, at any time by written notice to the other party. The termination of this User Agreement shall not affect the rights and obligations of BeSure and you with respect to the period prior to the termination.
6.10.Whilst all reasonable care will be taken where the bullion is in BeSure’s custody, BeSure shall not under any circumstances be responsible for any loss or damage, regardless of how caused, to the bullion during transit or while in the custody of BeSure. You shall be responsible for obtaining all necessary insurance against accidental loss or damage to the bullion, either in transit or in BeSure’s custody.
6.11.BeSure shall not be liable for any claim arising out of the performance, non-performance, delay in delivery of or defect in the Goods nor for any special, indirect, economic or consequential loss or damage howsoever arising or howsoever caused (including loss of profit or loss of revenue) whether from negligence or otherwise in connection with the supply, functioning or use of the Goods.
6.12.Without affecting any limitation or exclusion of liability elsewhere in the Terms of Use, BeSure, its subsidiaries, affiliates, officers, directors, shareholders, employees and agents will not be responsible or liable, directly or indirectly for any damage / injury or loss sustained by you or any other party whatsoever and howsoever caused by or in connection with any use made by other users of their respective user Accounts.
6.13.By using our site, you consent to each and every of our terms stated herein, both implied and expressed.

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