Gambit Legacy Platform Sdn Bhd – Terms of Use
1. Introduction
Gambit Legacy Platform Sdn Bhd (“GLPSB”) is a company incorporated in Malaysia under the Companies Act 2016. These Terms of Use (“Terms”) govern all services provided by GLPSB through its Wealth Portal. By accessing or using GLPSB’s services and this website, the Client acknowledges and agrees to these Terms. If the Client do not agree to such terms and conditions, please do not use or access GLPSB’s services provided by GLPSB or provide any personal data to GLPSB and this website.
2. Definitions
| Term | Definition |
|---|---|
| Client | Refers to any person establishing or administering a wealth and legacy planning arrangement with GLPSB. |
| Wealth Property | All assets, rights, and interests held by GLPSB in place for the Client under a wealth and legacy planning arrangement. |
| Wealth Account | A segregated account administered by GLPSB for the safekeeping and management of Wealth Property. |
| Wealth Portal | The digital interface provided by GLPSB for Clients to view and manage wealth and legacy planning-related information and services. |
| Gambit Legacy Platform Sdn Bhd (GLPSB) | A company incorporated in Malaysia under the Companies Act 2016 of Malaysia. |
| Gambit Custody Sdn Bhd | A licensed Digital Asset Custodian appointed by GLPSB for safekeeping of digital assets forming part of a hybrid trust and/or wealth and legacy planning. |
| Applicable Laws | All laws, statutes, regulations, and guidelines applicable to wealth and legacy planning services in Malaysia, including the Trustee Act 1949, Personal Data Protection Act 2010 (PDPA), Wills Act 1959, Probate and Administration Act 1959, Distribution Act 1958 and Anti-Money Laundering, Anti-Terrorism Financing, Anti-Restricted Activity Financing and Proceeds of Unlawful Activities Act 2001 (AML/CFT) requirements. |
| Confidential Information | All non-public information disclosed in connection with wealth and legacy planning services, including Client identity, wealth and legacy planning details, or transaction records. |
| Instructions | Any written or electronic directive given by the Client to GLPSB concerning the administration or management of a wealth and legacy planning. |
| Services | All wealth and legacy planning and fiduciary services provided by GLPSB, including record-keeping, safekeeping, administration, and distribution of Wealth Property. |
3. Scope of Services
- 3.1 GLPSB provides wealth and legacy planning and fiduciary administration, including the establishment, management, and distribution of wealth assets.
- 3.2 GLPSB may, where necessary, appoint service providers such as Gambit Custody Sdn Bhd for the safekeeping of digital components of a hybrid trust and/or wealth and legacy planning. GLPSB remains responsible for all fiduciary duties and oversight.
- 3.3 Clients acknowledge that GLPSB’s role is fiduciary in nature and does not constitute investment, trading, or advisory services.
4. Client Obligations
- 4.1 The Client shall provide accurate and complete information for onboarding and wealth and legacy planning setup.
- 4.2 The Client agrees to comply with GLPSB’s due diligence requirements, including Know-Your-Customer (KYC) and verification of beneficiaries.
- 4.3 The Client authorizes GLPSB to rely on provided instructions for wealth and legacy planning administration, provided they are consistent with Applicable Laws and wealth and legacy planning terms.
5. Fiduciary Duties and Recordkeeping
- 5.1 GLPSB shall maintain accurate wealth and legacy planning records and ensure all Wealth Property is segregated from company assets.
- 5.2 GLPSB may delegate operational functions but retains overall responsibility for the safekeeping and administration of the Wealth Property.
- 5.3 GLPSB will comply with the Trustee Act 1949, Wills Act 1959, Probate and Administration Act 1959, Distribution Act 1958 and maintain transparency in its operations.
6. Communications and Access
- 6.1 All official communications between GLPSB and the Client shall be made through GLPSB’s Wealth Portal or registered email channels.
- 6.2 The Client acknowledges that access credentials to the Wealth Portal must be safeguarded and that GLPSB will not be liable for losses arising from unauthorized use due to Client negligence.
7. Confidentiality and Data Protection
- 7.1 GLPSB complies with the PDPA.
- 7.2 GLPSB shall not disclose Confidential Information except as required by law, regulatory authority, or with Client consent.
- 7.3 GLPSB implements reasonable measures to ensure data integrity, confidentiality, and security.
8. Compliance and Reporting
- 8.1 GLPSB adheres to AML/CFT requirements.
- 8.2 GLPSB may, without prior notice, suspend services where suspicious activities are detected.
- 8.3 Clients are responsible for ensuring that their Wealth Property and instructions do not contravene Malaysian or international law.
9. Liability and Indemnity
- 9.1 GLPSB shall act with due care, skill, and diligence as expected of a wealth and legacy planner.
- 9.2 GLPSB shall not be liable for losses caused by events beyond its reasonable control, including system downtime or third-party failures.
- 9.3 Clients agree to indemnify GLPSB against any loss or liability resulting from inaccurate information or unlawful instructions.
10. Suspension or Termination
- 10.1 GLPSB may suspend or terminate access to services if the Client breaches these Terms and/or Applicable Laws.
- 10.2 Upon termination, GLPSB shall return any Wealth Property in accordance with wealth and legacy planning terms and legal requirements.
11. No Use by Minors
GLPSB’s website and its related services are not directed at persons under Eighteen (18) years of age.
12. Intellectual Property
The use of this website and its original content (excluding content provided by users), features and functionality are and will remain the exclusive property of GLPSB and its licensors.
This website is protected by copyright, trademark, and other laws of and foreign countries. GLPSB trademarks may not be used in connection with any product or service without the prior written consent of GLPSB.
13. No Unlawful or Prohibited Use
As a condition of the Clients use of this website, the Clients are strictly prohibited to use this website for any purpose that is illegal or unlawful.
The Clients shall not use this website in any manner which could damage or impair this website or interfere with any other party’s use and enjoyment of this website.
14. Amendments
GLPSB reserves the right to update these Terms from time to time. Updates will be communicated via GLPSB’s Wealth Portal or registered email. Continued use of services constitutes acceptance of the revised Terms.
15. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of Malaysia, and the parties submit to the exclusive jurisdiction of the courts of Malaysia.
16. Contact
For inquiries or support, please contact: support@gambit.com.my