Terms & Conditions

Operator: Masdora Jewellery (Malaysia) Sdn. Bhd. (Registration No. 202101040778 (1441078-U)) (“Masdora”, “we”, “us” or “our”)

Website: www.masdora.com (the “Website”)

Last updated: 09 June 2026

1. Application and Acceptance

1.1 These terms and conditions (these “Terms”), together with our Privacy Policy, Return Policy and any other policies referenced on the Website (collectively, the “Website Policies”), govern your access to and use of the Website and any purchase of goods made through the Website.

1.2 By accessing, browsing or registering an account on the Website, or by placing an order through the Website, you agree to be bound by these Terms and the Website Policies. If you do not agree, you must not use the Website or place an Order.

1.3 You must be at least 18 years of age and have the legal capacity to enter into a binding contract under applicable Malaysian law to register an account or place an Order.

1.4 We may amend these Terms and any Website Policy at any time by posting the amended version on the Website. The amended version takes effect when posted and applies to all use of the Website and to all Orders placed on or after the date of posting. Amendments do not apply to any Order already confirmed in an Order Confirmation issued before the date of posting unless expressly stated otherwise. You should review these Terms each time before placing an Order.

1.5 (To Business and Corporate Purchasers) These Terms govern consumer retail purchases made through the Website. If you are purchasing on behalf of a company, partnership or other business entity, or wish to place a corporate, bulk or trade order, please contact us at sales@emasyou.com or +604 - 313 5137 before placing an Order. Kindly note that we reserve the right to decline or cancel Orders placed for commercial resale or trade purposes without prior written agreement.

1.6 (Orders Placed Off-Platform) These Terms apply to Orders placed through the Website. Where we agree to accept an Order through WhatsApp or another channel outside the Website, the ordering steps are carried out manually but these Terms apply to that Order, with any necessary modifications, as if it had been placed through the Website. For such an Order, a binding contract is formed when we have received payment in full and cleared funds, and confirmed our acceptance of your Order, and references in these Terms to checkout, the Order Confirmation, the Dispatch Confirmation and other Website mechanics are to be read accordingly. Where any provision of these Terms cannot sensibly apply to an off-platform channel, we may notify you of channel-specific terms that apply in addition to, or instead of, that provision.

2. Definitions and Interpretation

2.1 In these Terms, unless the context requires otherwise:

“Bullion Products”
means any investment-grade precious metal product designated as a bullion product on the relevant product page of the Website (including, without limitation, gold bars and gold dinars);
“Confirmed Price”
has the meaning given in Clause 7.3;
“Dispatch Confirmation”
means an email or other written notification from us confirming that the Goods have been dispatched or are being dispatched to the courier, including a tracking number where available;
“Fair Wear and Tear”
has the meaning given in the Return Policy;
“Faulty Item”
has the meaning given in the Return Policy;
“Fulfilment Error”
means delivery of the wrong item, wrong quantity or wrong specification relative to the Order Confirmation;
“Goods”
means any product offered for sale on the Website, including Bullion Products and jewellery;
“Manufacturing Defect”
has the meaning given in the Return Policy;
“Order”
means an order for Goods placed by you through the Website;
“Order Confirmation”
has the meaning given in Clause 7.3;
“PDPA”
means the Personal Data Protection Act 2010;
“Privacy Policy”
means our privacy policy published on the Website, as updated from time to time;
“Return Policy”
means our return and refund policy (including its Exhibit A (Standard Jewellery Care Schedule)) published on the Website, as updated from time to time;
“Working Day”
means a day other than a Saturday, Sunday or public holiday gazetted in Selangor, the Federal Territory of Kuala Lumpur, or at federal level in Malaysia.

2.2 Headings are for convenience only and do not affect interpretation. References to a statute include any subsidiary legislation made under it and any amendment, re-enactment or replacement of it. “Including” means “including without limitation”.

3. Our Information

3.1 We disclose the following information about our business:

Seller name Masdora Jewellery (Malaysia) Sdn. Bhd.
Registration number 202101040778 (1441078-U)
Business address (HQ) 133, Tingkat 1, Jalan Merbau, Pusat Perniagaan Oren, 13000 Butterworth, Penang
Customer service email sales@emasyou.com
Customer service telephone +604 - 313 5137
Description of Goods As displayed on the relevant product page of the Website.
Full price As displayed at checkout, inclusive of any applicable taxes and delivery charges.
Methods of payment As displayed at checkout.
Estimated delivery time As displayed at checkout or on the relevant product page.
Complaints channel Complaints may be lodged via sales@emasyou.com or +604 - 313 5137.
Safety, health or certification information Any applicable safety information, health warning, hallmark, assay certificate, certificate of authenticity or other product certification will be displayed on the relevant product page, packaging, certificate or accompanying product documentation, where applicable.

3.2 Where required by applicable Malaysian law, the disclosures in this Clause 3 and the principal product disclosures on the Website are made available in the national language (Bahasa Malaysia).

4. Use of the Website

4.1 You may use the Website only for lawful purposes and in accordance with these Terms. You shall not:

(a) use the Website in any manner that breaches any applicable Malaysian law or regulation;

(b) infringe the rights of any third party, including intellectual property rights;

(c) introduce any virus, Trojan, worm, logic bomb or other technologically harmful material;

(d) attempt to gain unauthorised access to the Website, the server on which the Website is stored, or any database or system connected to the Website;

(e) interfere with, disrupt or impose an unreasonable load on the Website or its infrastructure;

(f) use the Website to transmit any unsolicited commercial communication, chain letter or pyramid scheme;

(g) scrape, harvest, index or extract data from the Website by automated means without our prior written consent; or

(h) use the Website to collect personal data of other users.

4.2 We may suspend, restrict or terminate your access to the Website (or any part of it) at any time without notice, including where we reasonably believe you have breached these Terms.

5. Account Registration

5.1 You may be required to register an account to place an Order. You must provide accurate, current and complete information, and keep your account details up to date.

5.2 You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You must notify us immediately of any unauthorised use of your account.

5.3 Without prejudice to Clause 4.2, we may suspend or terminate your account at any time if we reasonably believe you have provided false information, breached these Terms, or used the account in connection with fraudulent or unlawful activity.

6. Goods, Pricing and Availability

6.1 We take reasonable care to ensure that descriptions, images, weights, dimensions and specifications of Goods displayed on the Website are accurate. However, images are for illustrative purposes only and the actual appearance of an item (including colour, finish and natural variation in precious metals and gemstones) may differ from the image displayed.

6.2 (For Bullion Products Only) Prices of Bullion Products are linked to the prevailing international spot price of the relevant precious metal (in the case of gold bars and gold dinars, the international spot price of gold) and fluctuate continuously, 24 hours a day, 7 days a week. Prices displayed on the Website are indicative only and may change without notice at any time prior to our receipt of your payment in full and cleared funds. The price at which you are charged for an Order of Bullion Products is the Confirmed Price, being the price locked upon our receipt of your payment in cleared funds under Clause 7.4 and stated in the Order Confirmation.

6.3 All prices, taxes, duties, levies and other charges applicable to the Goods are subject to the applicable laws, regulations, orders and regulatory requirements in force from time to time. Unless otherwise stated on the relevant product page or at checkout, prices are quoted in Malaysian Ringgit (MYR). Any applicable tax treatment, exemption, zero-rating, duty, delivery charge or other charge will be displayed on the relevant product page or at checkout, where applicable. We reserve the right to correct any tax treatment, tax flag or charging error where required by law, provided that where the correction affects the total amount payable by you before an Order Confirmation is issued, we will notify you and allow you to decide whether to proceed with the Order.

6.4 In the event of an obvious or manifest error in the price or description of a Good (including any pricing error caused by typographical mistake, system fault, or feed error from a third-party price source), we are not bound to supply the Good at the erroneous price and may cancel the Order in accordance with Clause 7.5, at any time before dispatch, including before or after issuance of the Order Confirmation. Any payment received will be refunded in full. Nothing in this Clause 6.4 limits any remedy we may have at law in respect of mistake.

6.5 All Goods are subject to availability. We reserve the right to limit the quantity of any item that may be ordered, to refuse any Order, and to withdraw or discontinue any Good without notice.

7. Orders and Formation of Contract

7.1 The display of Goods on the Website is an invitation to treat. Your submission of an Order is an offer to purchase the relevant Goods on these Terms.

7.2 After you have placed your Order and made payment, we may issue a payment record or receipt confirming receipt of your payment. A payment record or receipt confirms receipt of payment only and is not an acceptance of your Order. You will be given a reasonable opportunity to review and correct your Order details at checkout before submitting the Order. If you notice any error after submission, you must contact us without undue delay and before the Order is accepted or fulfilled. We are not obliged to make any correction once an Order Confirmation has been issued or fulfilment has commenced.

7.3 A binding contract of sale is formed only when (a) we receive payment in full and cleared funds for your Order, and (b) we send you a separate email confirming that we have accepted your Order (“Order Confirmation”). The price stated in the Order Confirmation is the “Confirmed Price” and is the binding price for that Order. Following acceptance, we will dispatch the Goods and send you a Dispatch Confirmation, ordinarily within three (3) Working Days of the Order Confirmation, which will include a tracking number where available. A Dispatch Confirmation is issued for delivery and logistics purposes and does not affect the date on which the contract of sale is formed under this Clause 7.3.

7.4 Orders for Bullion Products are accepted on a checkout and prepayment basis only. You must pay for the Order in full and in cleared funds at checkout. Prices of Bullion Products are not held or locked at the time of Order submission and continue to fluctuate until payment is received. The price for an Order of Bullion Products is locked only upon our receipt of your payment in full and cleared funds, and that locked price is the Confirmed Price for that Order and will be stated in the Order Confirmation. If full payment in cleared funds is not received at checkout, no price is locked and no Order Confirmation will be issued; if you still wish to purchase, you must place a fresh Order at the price then prevailing. You acknowledge that gold prices are volatile and that you bear the risk of any movement in spot price up to the time your payment is received in cleared funds.

7.5 We may decline or cancel any Order, at any time before dispatch, including where:

(a) the Goods are unavailable;

(b) there is a manifest error in price or description;

(c) we are unable to obtain authorisation for payment;

(d) we suspect fraudulent or unauthorised use of a payment method;

(e) we are unable to verify your identity or complete customer due diligence under Clause 14; or

(f) the Order would breach these Terms or any applicable law.

If we cancel an Order after payment, we will refund the amount paid by you to the original payment method. We will have no further liability to you in respect of the cancelled Order.

7.6 (For Pre-orders and Reservations) Where we accept a pre-order or reservation for unreleased or out-of-stock Goods: (a) for Goods other than Bullion Products, the price payable is the price stated at the time of pre-order, unless we state at the time of pre-order that the price will be the price prevailing at dispatch, in which case we will notify you of the price before dispatch and you may cancel before dispatch for a full refund of any sums paid; (b) for Bullion Products, no price is held at the time of pre-order, the Order must be prepaid, and the Confirmed Price is determined and locked on prepayment in accordance with Clause 7.4; once the price is locked the Order may not be cancelled, save as we may agree in our discretion under Clause 10.1; (c) any delivery window stated for a pre-order is an estimate only and time is not of the essence; and (d) for Goods other than Bullion Products, you may cancel a pre-order at 14 days before dispatch and we will refund any sums paid, save that customised, engraved, resized or made-to-order items are non-cancellable once production has commenced.

8. Payment

8.1 You must pay for your Order using one of the payment methods displayed at checkout. By submitting payment details, you represent and warrant that you are lawfully entitled to use the relevant payment method.

8.2 Payment must be made in full at the time of placing the Order, unless a bank transfer, manual payment window, deferred payment window or other payment process is expressly made available at checkout. We do not accept payment by instalment unless expressly offered at checkout. We reserve the right to require additional verification before processing any payment.

8.3 You shall not have any right of set-off, counterclaim or deduction against any payment due to us, unless the amount has been admitted by us in writing or determined by a final judgment of a court of competent jurisdiction or an award of the Tribunal for Consumer Claims.

8.4 If you initiate a chargeback or payment dispute with your bank, card issuer or payment provider in respect of any payment made to us:

(a) we may immediately suspend your account and any pending Orders pending resolution of the dispute;

(b) if the chargeback or dispute is resolved in our favour, the full amount of the chargeback together with any fees or charges levied on us by the relevant payment provider in connection with the chargeback is recoverable from you as a debt; and

(c) we reserve the right to decline to process future Orders from you until all outstanding amounts under this Clause 8.4 have been paid in full.

8.5 (Buy Now, Pay Later) We may make buy now, pay later or other deferred or instalment payment options available at checkout through one or more licensed third-party providers. Where any such option is offered, the facility is provided by the relevant third-party provider and is subject to that provider’s separate terms and to your eligibility; your contract for the Goods remains governed by these Terms. If the facility is declined, withdrawn, cancelled or reversed, we may cancel the affected Order or require payment by an alternative method. Any further terms applicable to such options will be made available at checkout or in a separate policy when the option becomes available.

9. Delivery, Risk and Title

9.1 We deliver Goods to addresses in Malaysia only, unless we expressly agree otherwise in writing. Delivery is made by a courier or carrier appointed by us.

9.2 Estimated delivery times are indicative only. We are not liable for any delay in delivery caused by the carrier, customs authority, or any event outside our reasonable control.

9.3 Goods (including Bullion Products) are dispatched in insured packaging. Risk in the Goods passes to you upon delivery to the address specified in your Order, or to such other person at that address as accepts delivery. You or your authorised representative must sign for the Goods and, where required by the carrier, present photo identification. In the event of loss or damage in transit prior to delivery:

(a) we will file an insurance claim with the relevant carrier or insurer on your behalf;

(b) if the insurer accepts the claim, the proceeds shall be applied towards replacement of the Goods or, at our election, a refund of the Confirmed Price; and

(c) if the insurer declines the claim in whole or in part for any reason not attributable to your act or omission, we will make good the shortfall up to the amount of the Confirmed Price by way of replacement or refund at our election. Replacement or refund under this Clause 9.3(c) is your sole and exclusive remedy in respect of in-transit loss or damage where the insurer has declined the claim.

9.4 Title in the Goods does not pass to you until we have received payment in full and cleared funds.

9.5 You must inspect the Goods promptly upon delivery and notify us in writing within forty-eight (48) hours of delivery of any visible damage, shortage, or non-conformity. Failure to notify within that period will be deemed acceptance of the Goods as delivered, save that:

(a) in the case of a latent defect (being a genuine Manufacturing Defect not discoverable on reasonable inspection at the time of delivery), you must notify us in writing promptly and in any event within three (3) days of the date on which the defect became or ought reasonably to have become apparent, failing which the Goods are deemed accepted; and

(b) in the case of an authenticity dispute in respect of a Bullion Product (including where a post-delivery assay test raises a genuine question as to purity or specification), you must notify us in writing within seven (7) days of the date on which you first became aware of the dispute.

9.6 Delivery to the address specified in your Order constitutes effective delivery for all purposes under these Terms, regardless of whether the recipient at that address is you or a third party (including a gift recipient). We are not responsible for any failure of a third party at the delivery address to take receipt of, safeguard or return the Goods.

9.7 (Click & Collect) Where we offer in-store collection of an online Order: (a) we will notify you when the Order is ready for collection, and you must collect it within seven (7) days of that notification (the “Collection Period”); (b) on collection, the person collecting must present the Order Confirmation and valid photo identification, and, where the collector is not the buyer, the buyer’s written authorisation together with the collector’s photo identification; (c) risk in the Goods passes to you on collection, and Clause 9.3 applies to delivery rather than collection; title passes in accordance with Clause 9.4; (d) if the Order is not collected within the Collection Period, we may contact you to arrange a further collection or delivery (at your cost) or, at our option, cancel the Order and refund the price paid (less any non-refundable charges permitted under these Terms) to the original payment method; and (e) we may apply a reasonable storage charge, notified to you in advance, for Goods not collected within the Collection Period.

10. Returns, Refunds and Cancellation

10.1 (For Bullion Products Only) Bullion Products are non-returnable, non-exchangeable and non-refundable once an Order Confirmation has been issued. Malaysian law does not confer on consumers any general cooling-off, withdrawal or cancellation right in respect of goods purchased online, and this exclusion takes effect as a term of your contract with us. It reflects that the price of Bullion Products is locked against the prevailing spot price of gold at the time your payment is received in full and cleared funds (being the Confirmed Price), leaving us exposed to market risk on any resale. This exclusion applies save in the case of:

(a) a Fulfilment Error;

(b) a Manufacturing Defect confirmed by us or the relevant manufacturer; or

(c) any circumstance in which a return or refund is required by applicable Malaysian law (including any non-excludable statutory guarantee in respect of the supply of goods).

Notwithstanding the foregoing, if you wish to cancel an Order for Bullion Products after payment has been received in cleared funds but before the Goods are dispatched to the courier, you may notify us in writing within two (2) hours of the time at which payment was confirmed received. We may, at our sole discretion, accept such a cancellation. If we accept the cancellation, we will refund the Confirmed Price to the original payment method within fourteen (14) Working Days. For the avoidance of doubt, we are not obliged to accept any pre-dispatch cancellation request.

10.2 Jewellery and other Goods (excluding Bullion Products) are not returnable, exchangeable or refundable on the ground of change of mind. Such Goods may be returned or exchanged only in the case of a Fulfilment Error, a Faulty Item, a Manufacturing Defect confirmed by us or the relevant manufacturer, or where a return or refund is required by applicable Malaysian law, and in each case provided that:

(a) the item is unused, unworn and in its original condition with all tags, certificates, packaging and accessories intact, save to the extent of the defect relied on;

(b) you produce the original tax invoice or proof of purchase; and

(c) the item is not a customised, engraved, resized or made-to-order item, which is non-returnable save for a Manufacturing Defect or where a return is required by applicable law.

10.3 To initiate a return under Clause 10.2, contact our customer service at sales@emasyou.com or +604 - 313 5137 within seven (7) days of delivery (or, in the case of a latent defect, within the period stated in Clause 9.5(a)). Returns sent without prior notification will not be accepted. Return shipping is at your cost and risk unless the return is due to our error, a Faulty Item or a Manufacturing Defect.

10.4 Approved refunds, where applicable under these Terms, the Return Policy or applicable law, will be processed to the original payment method within fourteen (14) Working Days of our receipt and inspection of the returned Goods or completion of the relevant assessment. Delivery charges and any payment processing fees are non-refundable except where the return is due to our error, a Fulfilment Error, a Faulty Item or a Manufacturing Defect, or where a refund is required by applicable law.

10.5 Nothing in this Clause 10 limits or excludes any non-excludable statutory right you may have as a consumer under applicable Malaysian law, including any statutory right in respect of the supply of goods and the related remedies.

10.6 The detailed process for returns, refunds, exchanges and Faulty Item claims, the applicable timeframes, the items that cannot be returned, and the standard care requirements for Goods (set out in Exhibit A (Standard Jewellery Care Schedule) to the Return Policy), are contained in our Return Policy, which forms part of these Terms. In the event of any conflict between this Clause 10 and the Return Policy, the Return Policy shall prevail.

10.7 (Buy-Back and Trade-In) Any buy-back, trade-in or other purchase by us of customer-owned bullion or jewellery is a separate transaction governed by our Buy-Back and Trade-In Policy, and is not governed by this Clause 10 or the Return Policy. Where you send items to us under that programme, our obligations (including any obligation to assess, accept or pay for the items) arise only on our unboxing of the items at our premises, which we may record by photograph or video, and not on delivery or drop-off by any courier. For more details, please refer to our Buy-Back and Trade-In Policy which sets out the relevant process, pricing against prevailing spot price, condition requirements, identity verification and anti-money laundering checks, and payment terms.

11. Authenticity and Certification

11.1 Bullion Products supplied by us conform to the purity stated on the relevant product page (for gold bars, this is ordinarily 999.9 fine gold; for gold dinars, the purity stated on the product page or accompanying certificate) and are dispatched with the relevant assay certificate or manufacturer’s certificate of authenticity.

11.2 You should retain all certificates, original packaging and tax invoices, as their absence may affect resale value and our ability to verify authenticity in the event of a return or warranty claim.

11.3 We make no representation or warranty as to the future market value of any Bullion Product. The value of Bullion Products fluctuates with the spot price of gold and may rise or fall.

12. No Investment Advice

12.1 Information on the Website, including any pricing data, market commentary or product description, is provided for informational purposes only and does not constitute investment, financial, tax or legal advice, or a recommendation, offer or solicitation to buy or sell any precious metal or other financial product.

12.2 You should obtain independent professional advice before making any decision to purchase Bullion Products as an investment. You assume all responsibility and risk for your decision to purchase.

13. Privacy and Personal Data

13.1 In accordance with the PDPA, we give you the following notice in respect of the personal data we collect and process:

(a) Data controller: Masdora Jewellery (Malaysia) Sdn. Bhd. (Registration No. 202101040778 (1441078-U)) is the data controller responsible for your personal data.

(b) Categories of personal data collected: We may collect and process the following categories of personal data: full name; identity card or passport number (where required for AML/CDD verification); contact details (email address, telephone number, delivery and billing address); payment information (processed securely by our payment service provider and we do not store full card details); order and transaction history; account credentials; and device and browsing data collected via cookies and similar technologies.

(c) Purposes of processing: Your personal data is collected and processed for the following purposes:

(i) processing and fulfilling your Orders, including payment processing, delivery and post-sale customer support;

(ii) creating and managing your account and maintaining our customer relationship;

(iii) complying with our legal and regulatory obligations, including customer due diligence, identity verification, and tax and e-invoicing obligations;

(iv) fraud prevention, account security and risk management;

(v) sending transactional and service communications (including payment records, Order Confirmations, Dispatch Confirmations and refund updates);

(vi) where you have given consent, sending marketing and promotional communications about our products, collections, offers and events — you may withdraw this consent at any time by contacting us or using the unsubscribe mechanism in any marketing communication;

(vii) improving the Website and our services, including through analytics, user research and product development; and

(viii) such other purposes as notified to you at the time of collection.

(d) We may disclose your personal data to the following classes of third parties:

(i) payment processors, banks and financial institutions, for the purpose of processing your payment;

(ii) courier and logistics service providers, for the purpose of delivering your Order;

(iii) technology and IT service providers (including hosting, cloud infrastructure, analytics and CRM platforms) acting as processors on our behalf;

(iv) regulatory authorities, law enforcement agencies, courts and governmental bodies where required or permitted by law, including in connection with applicable anti-money laundering, counter-terrorism financing, sanctions, customer due diligence or reporting obligations and any lawful order or direction;

(v) professional advisors (lawyers, auditors, accountants), subject to confidentiality obligations; and

(vi) any successor entity in connection with a merger, acquisition, restructuring, demerger or sale of the whole or substantially all of our business or assets.

(vii) Kindly note that we do not sell, rent or otherwise make available your personal data to third parties for their own independent marketing or commercial purposes.

(e) Right to access and correct personal data: You have the right under the PDPA to request access to and correction of your personal data held by us. Requests must be made in writing to sales@emasyou.com or +604 - 313 5137. We will respond within the timeframe prescribed by the PDPA and may charge a prescribed fee for data access requests in accordance with the PDPA.

(f) Mandatory or voluntary supply: Supply of personal data marked as mandatory at the point of collection (including on registration and checkout forms) is required to enable us to process your Order, maintain your account and fulfil our legal obligations. Failure to supply mandatory data may mean we are unable to process your Order or register your account. Supply of personal data for optional purposes (including marketing communications) is voluntary.

(g) Cross-border transfers: Some of our service providers are located, or process data, outside Malaysia. Where personal data is transferred outside Malaysia, we take reasonable steps to ensure it is protected to a standard consistent with the PDPA.

13.2 The Website uses cookies and similar tracking technologies to enable core functionality, remember your preferences and analyse usage patterns. Most browsers allow you to manage or disable cookies through their settings. Disabling certain cookies may impair the functionality of parts of the Website.

13.3 Our full Privacy Policy, which sets out our data practices in greater detail, is published on the Website. In the event of any conflict between this Clause 13 and the Privacy Policy, the Privacy Policy prevails.

14. Identity Verification and Compliance

14.1 We are required to comply with applicable Malaysian anti-money laundering, counter-terrorism financing, sanctions and related compliance obligations, including customer due diligence, ongoing monitoring and reporting requirements applicable to our business.

14.2 We may, at our discretion and to the extent required by applicable law, request information and documents from you to verify your identity, address, source of funds and the purpose of your Order. We may suspend, decline or cancel an Order pending receipt of satisfactory verification.

14.3 We may screen your details against applicable sanctions and watchlists. We will not process any Order where doing so would breach applicable sanctions, export control, anti-money laundering or counter-terrorism financing laws.

14.4 TO PROCEED WITH AN ORDER, THE BUYER (AND NOT MERELY THE RECIPIENT OF THE GOODS) MUST PROVIDE A VALID MALAYSIAN IDENTITY CARD (MYKAD) NUMBER OR, FOR A NON-MALAYSIAN BUYER, PASSPORT NUMBER. WE REQUIRE THIS INFORMATION TO ISSUE A VALID TAX E-INVOICE, TO PROCESS PAYMENT, AND TO CARRY OUT OUR VERIFICATION OBLIGATIONS UNDER THIS CLAUSE 14. IF THE BUYER DOES NOT PROVIDE IT WHEN REQUESTED, WE WILL NOT PROCESS THE ORDER AND MAY DECLINE OR CANCEL IT UNDER CLAUSE 7.5 AND REFUND ANY SUMS PAID IN ACCORDANCE WITH CLAUSE 10.4.

15. Intellectual Property

15.1 All content on the Website, including text, images, photographs, graphics, video, audio, logos, trademarks, designs, layout and software (the “Content”), is owned by us or our licensors and is protected by applicable Malaysian and international intellectual property laws.

15.2 You are granted a limited, non-exclusive, non-transferable, revocable licence to access and view the Website for personal, non-commercial use only. You shall not reproduce, distribute, modify, transmit, display, publish, sell, license or create derivative works from any Content without our prior written consent.

15.3 “Masdora” and any associated logos, names and product marks are trademarks of Masdora or its affiliates. Save as expressly permitted under Clause 15.4 (Affiliate Programme) or with our prior written consent, nothing on the Website grants any licence or right to use any trademark.

15.4 We may operate an affiliate or referral programme. Participation is subject to our separate affiliate programme terms (the “Affiliate Programme Terms”), which prevail over this Clause 15 in respect of the programme. Subject to your acceptance into the programme and compliance with the Affiliate Programme Terms, we grant you a limited, non-exclusive, non-transferable, revocable licence to use our designated names, logos, marks and approved links solely to promote and link to the Website in accordance with those terms. No other use of our trademarks or Content is permitted. You participate as an independent contractor and not as our agent, employee, partner or joint venturer and have no authority to bind us or to make any representation on our behalf. You must not make any false, misleading or unauthorised statement about us or the Goods, send any unsolicited or unlawful communication, bid on, register or use our trademarks (or confusingly similar terms) in any search, advertising, domain name or social-media handle, or engage in cookie-stuffing or any similar practice. We may suspend, vary or terminate the programme, or your participation, at any time in accordance with the Affiliate Programme Terms; on termination, the licence in this Clause 15.4 ends and you must cease all use of our marks and links.

16. Third-Party Links

16.1 The Website may contain links to third-party websites or resources. Such links are provided for convenience only and do not constitute an endorsement by us. We have no control over the content, accuracy, security or practices of any third-party site and accept no responsibility or liability for them.

17. User Submissions

17.1 Any feedback, suggestion, review, image or other material that you submit to the Website or to us (other than personal data, which is governed by the Privacy Policy) is submitted on a non-confidential basis. You grant us a perpetual, irrevocable, worldwide, royalty-free, sub-licensable and transferable licence to use, reproduce, modify, adapt, publish and distribute such material for any purpose connected with our business.

17.2 You represent and warrant that any material you submit is your own original work, does not infringe any third-party right, and is not defamatory, obscene or unlawful.

18. Disclaimer

18.1 The Website is provided on an “as is” and “as available” basis. To the maximum extent permitted by law, we exclude all warranties, conditions and representations of any kind, whether express, implied or statutory, in relation to the Website, including warranties of merchantability, fitness for a particular purpose, accuracy, completeness, uninterrupted access, or freedom from viruses or other harmful components.

18.2 Clause 18.1 does not exclude any warranty, condition or right that cannot be excluded under applicable Malaysian law, including any non-excludable statutory guarantee or implied condition in respect of the supply of goods.

19. Limitation of Liability

19.1 Nothing in these Terms limits or excludes our liability for: (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation; or (c) any other liability that cannot, under applicable Malaysian law, be limited or excluded.

19.2 Subject to Clause 19.1 and to any non-excludable statutory guarantees applicable to the supply of goods under applicable Malaysian law, to the maximum extent permitted by law:

(a) we are not liable to you for any indirect, special, incidental, consequential or punitive loss or damage, or for any loss of profit, loss of revenue, loss of business, loss of goodwill, loss of anticipated savings or loss of data, in each case whether arising in contract, tort (including negligence), under statute or otherwise; and

(b) our total aggregate liability arising out of or in connection with the Website, your Order, or these Terms is limited to the price paid by you for the Goods giving rise to the claim.

19.3 You acknowledge that the limitations in this Clause 19 are reasonable in light of the price of the Goods and the nature of online retail.

20. Indemnity

20.1 You shall indemnify and keep indemnified Masdora, its directors, officers, employees and agents against all claims, liabilities, losses, damages, costs and expenses (including reasonable legal fees and disbursements as agreed or assessed by a court of competent jurisdiction) arising out of or in connection with: (a) your breach of these Terms; (b) your misuse of the Website; or (c) any infringement by you of any third-party right.

21. Force Majeure

21.1 We are not liable for any failure or delay in the performance of our obligations under these Terms or any contract of sale where such failure or delay is caused by an event beyond our reasonable control, including act of God, fire, flood, earthquake, pandemic, epidemic, public health emergency, war, civil unrest, act of terrorism, industrial action, governmental order, embargo, sanctions, a prolonged suspension of, or material disruption to, trading or price-setting on any recognised bullion market, exchange or pricing benchmark that we use, or on the principal international gold spot market, for a continuous period exceeding five (5) consecutive Working Days, carrier failure, internet or telecommunications outage, or cyber-attack (each, a “Force Majeure Event”).

21.2 If a Force Majeure Event continues for more than thirty (30) days, either party may terminate the affected contract of sale by written notice, in which case we will refund any sums paid for Goods not yet dispatched.

22. Termination

22.1 We may suspend or terminate your access to the Website and any account, and cancel any pending Order (subject to refund of amounts paid for Goods not yet dispatched), at any time without notice if we reasonably believe you have breached these Terms or that your continued use poses a risk to us or to other users.

22.2 Clauses that by their nature are intended to survive termination (including Clauses 8.4 (Chargebacks), 9.3(c) (in-transit loss shortfall), 13 (Privacy and Personal Data), 14 (Anti-Money Laundering and Customer Due Diligence), 15 (Intellectual Property), 17 (User Submissions), 18 (Disclaimer), 19 (Limitation of Liability), 20 (Indemnity), 21 (Force Majeure, in respect of refund of sums for Goods not yet dispatched), 22.2 itself, 23 (General) and 24 (Governing Law)) shall survive.

23. General

23.1 Assignment. You may not assign or transfer any of your rights or obligations under these Terms without our prior written consent. We may assign or novate our rights and obligations to any affiliate or to a successor in business without your consent.

23.2 Severability. If any provision of these Terms is held to be invalid, illegal or unenforceable, that provision shall be severed and the remaining provisions shall continue in full force and effect.

23.3 Waiver. No failure or delay by us in exercising any right or remedy under these Terms operates as a waiver of that right or remedy. A waiver is effective only if given in writing.

23.4 No partnership. Nothing in these Terms creates any partnership, joint venture, agency or employment relationship between you and us.

23.5 Notices. Notices to us must be sent in writing to our customer service email at sales@emasyou.com or +604 - 313 5137, copied to our registered address. Notices from us to you may be sent by email to the address registered to your account and are deemed received twenty-four (24) hours after sending.

23.6 Entire agreement. These Terms, together with the Website Policies and any Order Confirmation, constitute the entire agreement between you and us in respect of your use of the Website and any Order, and supersede all prior representations, understandings and agreements.

23.7 Privity and rights of third parties. Save as expressly provided in these Terms, nothing in these Terms is intended to, and nothing in these Terms does, confer any right, benefit or remedy on any person who is not a party to these Terms, and no third party shall have any right to enforce any provision of these Terms.

23.8 Language. These Terms are issued in the English language. If a translation is provided, the English version prevails in the event of conflict, save to the extent that applicable Malaysian law requires a particular disclosure to be given, or to prevail, in the national language.

24. Governing Law and Jurisdiction

24.1 These Terms, any non-contractual obligations arising out of or in connection with them, and any contract of sale formed under them, are governed by the laws of Malaysia.

24.2 The courts of Malaysia have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms or your use of the Website, save that we reserve the right to bring proceedings against you in any jurisdiction in which you reside, conduct business or hold assets. Nothing in this Clause 24 prevents you, where you deal as a consumer, from referring a claim that falls within its jurisdiction to the Tribunal for Consumer Claims.

25. Contact

For any question, complaint or notice in relation to these Terms or your Order, please contact us at:

Masdora Jewellery (Malaysia) Sdn. Bhd.
HQ Address: 133, Tingkat 1, Jalan Merbau, Pusat Perniagaan Oren, 13000 Butterworth, Penang
Email: sales@emasyou.com
Telephone: +604 - 313 5137