- THIS DOCUMENT IS AN ELECTRONIC RECORD IN TERMS OF THE INFORMATION TECHNOLOGY ACT, 2000 AND RULES THEREUNDER AS APPLICABLE AND THE PROVISIONS PERTAINING TO ELECTRONIC RECORDS IN VARIOUS STATUTES AS AMENDED BY THE INFORMATION TECHNOLOGY ACT, 2000. THIS ELECTRONIC RECORD IS GENERATED BY A COMPUTER SYSTEM AND DOES NOT REQUIRE ANY PHYSICAL OR DIGITAL SIGNATURES.
- For the purpose of these Terms, wherever the context so requires, the term:
- “Business Day” shall mean a day on which scheduled commercial banks are open for normal banking business in Mumbai but shall not include any Saturday or Sunday or other days on which recognized exchanges within the country are authorized or obligated to remain closed.
- “Customer” shall mean any person, who as the counterparty transacts using the Platform for buying Precious Metal, taking delivery of Precious Metal and/or selling back the Precious Metal to DGIPL or any other buyer as outlined in these Terms.
- “Customer Account” shall mean the account created whether by You or otherwise, in accordance with these Terms.
- “Customer Request” shall mean a Delivery Request, Sale Request or Exchange Request placed by You in relation to the Customer Precious Metal.
- “Currency Value” shall mean the value of the Precious Metal as displayed on the Platform from time to time by DGIPL.
- “Force Majeure Event” shall mean any event that is beyond the reasonable control of DGIPL and shall include, without limitation, sabotage, fire, flood, explosion, act of God, civil commotion, strikes, lockouts or industrial action of any kind, riots, insurrection, war, acts of government, computer hacking, civil disturbances, unauthorised access to computer data and storage device, computer crashes, virus attacks, breach of security and encryption, pandemic or any pandemic or disaster mitigation related government responses such as lockdown, and any other similar events not within the control of DGIPL and which DGIPL is not able to overcome.
- “Payment Instrument” shall mean any electronic or written cheque, draft, money order or other electronic or written instrument or order for the transmission or payment of money, whether or not the instrument is negotiable.
- “Person” shall mean an individual, a corporation, a partnership, a joint venture, a trust, an unincorporated organization and any other legal entity.
- “Platform” shall mean, and include, the mobile application and website by the name and style of "www.safegold.com", that the Customer accesses for the transactions, including all contents, services and technology offered through the Platform.
- “SafeGold Partner” shall mean any entity facilitating collection of payment for Precious Metal products or any other products and services offered by DGIPL.
- “Reward Program” means such reward programs that may be made available to the Customers from time to time at the sole discretion of DGIPL.
- “Transfer” refers to a facility to transfer Precious Metal from a Customer Account to another Customer Account.
- “Promotion” refers to any activity that DGIPL SafeGold undertakes to provide users that meet certain requirements to avail certain rewards.
- “Precious Metal” means physical gold, silver and/or other precious metals in bullion form (as the case may be), with purity as displayed on the Platform or on a SafeGold Partner Platform, in a manner deemed fit by SafeGold.
- In addition to the terms defined in Section 2.1, additional terms used herein shall have the respective meanings assigned thereto in the relevant sections contained hereinafter.
- For the purpose of these Terms, wherever the context so requires, the term:
TERMS AND CONDITIONS OF SERVICES BEING PROVIDED BY DGIPL
- Digital Gold India Private Limited, a company incorporated under the Companies Act, 2013 with its registered office at CoWrks, 2nd & 3rd Floor, Birla Centurion, Century Mills, P B Marg, Worli, Mumbai 400030, ("DGIPL") will be selling Precious Metal and providing services in relation to (a) purchase and sale of Precious Metal; (b) safe keeping, vaulting, delivery and fulfilment of Precious Metal; and (c) other such other related services as may notified by SafeGold from time to time, to the Customers, on or through the Platform (“Services”).
- The Precious Metal is being offered for purchase and/or sale by DGIPL under its brand name “SafeGold”. The Services are being provided by DGIPL, however DGIPL may utilise any third party external payment gateway service (“Payment Gateway Partner”) for facilitating the collection of payments for the Services on its Platform. The Payment Gateway Partner assumes no liability for the Services except for providing payment services and reasonable customer support in addressing the queries related to payments made. Any and all of the transactions relating to the Services are being rendered by DGIPL in association with the Intermediaries (namely the Security Trustee and Vault Keeper) with whom separate agreements have been entered into by DGIPL.
- The Customers are advised to read and understand these Terms carefully before using the Services.
- The Services by DGIPL shall be provided for a term commencing from the date of creation of the Customer Account.
- You understand and acknowledge that the Services are being provided and made available on an “AS IS” and “AS AVAILABLE” basis. The Platform may contain errors or inaccuracies that could cause failures, corruption or loss of data and/or information from your device and/or any device used by You to connect to the Platform as well as from peripherals (including, without limitation, servers and computers) connected to any of the above-mentioned devices. You assume all risks and costs associated with your use of the Services and the Platform, including without limitation, any costs incurred for the use of your device and any damage to any equipment, software or data.
- You confirm that You are not registered under the Goods and Services Tax Act, 2017 and that the responsibility for any compliance or obligations associated with your status under the Goods and Service Tax Act, 2017 lie solely with You.
- DGIPL, at any time and at its sole discretion, may change the specifications of any functionality/feature utilized by individuals on the Platform. DGIPL will not be liable for any inconvenience caused due to such changes in or discontinuation of any functionality/feature.
- DGIPL reserves the right to start offering, pause, terminate and/or discontinue any Reward Program which may be offered via the Platform. Every Customer will be bound by the terms and conditions for each Reward Program and such programs will be subject to these Terms.
- Only natural persons above the age of 18, being an Indian resident and of sound mind (unless the specific Reward Program rules or other promotional materials or announcements specify a different geographic region), are eligible to participate in any Reward Program and claim rewards under it. Each natural person will be eligible to claim a reward via any functionality/feature being offered by DGIPL only once. Unless otherwise stated, an individual may not win more than one reward per promotion and we reserve the right to withhold or reclaim any subsequent reward. Any person, found claiming rewards per promotion more than once on the Platform in breach of the terms of the Reward Program and these Terms, either in his/ her sole capacity or in consortium with others, for such instances, DGIPL will immediately suspend any activity on the Customer Accounts (where created by the individuals) and take legal action against such erring individuals, as may be available to DGIPL under law. Any individual using multiple accounts to claim multiple promotions and rewards will lose their right to participate in the said Reward Program or any future Reward Program that DGIPL may offer to its Customers or potential patrons.
- DGIPL will not be held liable, monetarily or otherwise, where it decides to suspend, withdraw or discontinue any Reward Program.
- An individual who is prohibited by law to hold or purchase any asset, including any Precious Metal will not be entitled to participate in any Reward Program or receive any reward under it.
- DGIPL has the right to ask Customers and individuals for additional KYC information, such as a PAN card before processing any reward under a Reward Program.
- The Customers and/or individuals participating in any Reward Program agrees to indemnify, defend and hold DGIPL and its representatives and agents harmless from and against any and all third-party claims, demands, liabilities, costs or expenses, including attorney’s fees and costs, arising from, or related to any breach by the Customer and/or any individual of any of the Reward Program terms and conditions, these Terms or any violation by them of any applicable law.
- Except for any fraud by DGIPL proven in a court of law, by participating in any Reward Program, Customers and/ or individuals release DGIPL, its parent company, subsidiaries, affiliates, suppliers, advertising and promotions agencies and their respective directors, officers, employees, and agents (collectively, “Released Parties”) from any and all liability for any loss, harm, damages, cost or expense, including, without limitation, property damages, personal injury and/or death, arising out of or in any way connected to the Reward Programs or the use of any rewards claimed.
- In the event of any dispute, between DGIPL and any individual who has participated in any Reward Program, relating to any Reward Program terms and conditions, the decisions made by DGIPL shall be final binding on the participant.
TRUSTEE, INTERMEDIARIES AND SAFE KEEPING ARRANGEMENT
Appointment of Intermediaries
- DGIPL may from time to time appoint intermediaries who shall assist DGIPL in providing the Services to You (“Intermediaries”). The term, “Intermediaries” shall mean the Trustee Administrator, Vault Keeper and shall include any and all Persons appointed by DGIPL or the Trustee Administrator (as the case may be) upon placement of a Customer Order (and successful payment of monies in lieu thereof) till the consummation of the Customer Requests placed by You in accordance with these Terms. In the event that the Trustee Administrator is required to discharge their obligations under any agreement entered into with DGIPL (“Trustee Administrator Agreement”), You hereby consent to the appointment of such Intermediaries, for and on your behalf, by DGIPL or the Trustee Administrator (as the case may be).
- You acknowledge and understand that these Intermediaries have been appointed to ensure that your Customer Orders/Customer Requests are duly complied with in accordance with these Terms. You additionally acknowledge that certain payments will have to be made to these Intermediaries for their appointment and services in relation thereto, which shall be borne by DGIPL on your behalf unless otherwise indicated in these Terms.
Appointment of Trustee Administrator
- You hereby acknowledge and agree that the Customer Precious Metal will be monitored by the Trustee Administrator while being held on your behalf with the Vault Custodian.
- By accepting these Terms, You further agree to accede to the terms for such arrangement with the Trustee Administrator (i.e., a Trustee Administrator Agreement).
- In the event of any expenses or charges remaining payable to any Intermediaries or otherwise till actual delivery or fulfilment of any of Your Customer Orders/Customer Requests for any reason, including where DGIPL is unable to service such requests as enumerated in Clause 8 below (Events of Default), thereby adversely effecting or jeopardizing the fulfilment of Your Customer Orders/Customer Requests, then the Trustee Administrator will be entitled to sell part of the Customer Precious Metal and satisfy such outstanding expenses or charges as required in accordance with these Terms read with the Trustee Administrator Agreements. The sums due to You and/or Precious Metal to be delivered (as the case may be), after settling the aforementioned charges, would be dealt with in accordance with these Terms read with the relevant Trustee Administrator Agreements.
- By way of these Terms, You authorize the Trustee Administrator to act on Your behalf to ensure that Your interests are adequately protected.
Safe Keeping/Vaulting of Precious Metal
- Customer Precious Metal purchased by You corresponding to the Customer Order shall be stored with a custodian in a vault on your behalf (“Vault Keeper”).
- The Precious Metal stored shall be in the form of bullion bars which are at a minimum, equivalent to 99.5% purity, or higher. The total amount of gold stored shall be based on calculation of 24 Karat gold bars corresponding to the Customer Order, and the bars stored may be in purities of 99.5%, 99.9% or 99.99% or other terms. Illustration : if a customer purchases 1gm of 99.99% pure gold, at least 1.0049 gms of 99.5% purity gold will be stored for that customer in the vault.
- While the Vault Keeper has taken the necessary insurance policy/ies, in case of occurrence of an event not covered in such insurance policy/ies, the Customer Precious Metal may be at risk. The insurance policy/ies obtained by the Vault Keeper are in line with the global industry practices and cover losses due to fire, lightning, theft, cyclone, earthquake, flood, etc. but do not cover losses due to events such as war, revolution, derelict weapons of war, nuclear radiation, etc.
- Appointment of Intermediaries
STORAGE OF PRECIOUS METAL
- You will be provided with free storage for your Customer Precious Metal for 5 (Five) years from the date of placing of the Customer Order, or for such period as more particularly stipulated by DGIPL in this regard from time to time at its sole discretion and notified to Customers on the Platform (“Free Storage Period”).
- After the expiry of the Free Storage Period, DGIPL shall be entitled to levy storage charges for such Customer Precious Metal at such rate as would be specified on the Platform, and which may be revised from time to time. The charges would be levied by deducting the Precious Metal balance at the end of each month by a percentage amount at the specified rate.
- You are advised to periodically check the Platform to understand these storage charges. DGIPL shall be entitled to sell such portion of your Customer Precious Metal stored with the Vault Keeper necessary or required to recover the unpaid storage charges in question.
- You are required to take delivery of your Customer Precious Metal within such maximum period as shall be specified for this purpose by DGIPL from time to time on the Platform (“Maximum Storage Period”).
- For the purposes of making delivery to You, You are required to provide a valid address and/or any other documents/information/ biometric identification that may be specified in this regard by DGIPL from time to time. You may provide such address at any time during the Maximum Storage Period.
- In the event that no valid address has been provided by You during the Maximum Storage Period, then DGIPL shall, for a period 1 (One) year commencing from the date of expiry of Maximum Storage Period (such period being the “Grace Period”), attempt at least once to contact You using the contact information provided by You to obtain either (i) an address to which You would require the Precious Metal in question to be delivered or (ii) your bank account details into which sale proceeds of the Customer Precious Metal shall be deposited.
In the event that DGIPL has not been able to contact You during the applicable Grace Period using the contact information provided by You or where You shall during the Grace Period either fail to:
- take delivery of the Customer Precious Metal in question for any reason whosoever (including where You shall not have provided any address to take delivery of such gold); or
- provide the details for a valid bank account into which the proceeds of any sale of such Customer Precious Metal are to be deposited; then upon expiry of the applicable Grace Period for the Customer Precious Metal in question, DGIPL shall purchase such Customer Precious Metal with the purchase price being the applicable prevailing price displayed on the Platform for purchase of Precious Metal from Customers.
- The purchase proceeds realized from such sale (“Final Sale Proceeds”) after deducting any amounts payable to DGIPL as storage charges for storage of such Precious Metal after the Free Storage Period, shall be deposited into a bank account operated by the Trustee Administrator who shall be the sole signatory to such bank account.
- In the event that You shall during a period of 3 (Three) years commencing from the date of expiry of the applicable Grace Period (such period being the “Final Claim Period”) notify either DGIPL or the Trustee that You are claiming the applicable Final Sale Proceeds, the Trustee shall issue suitable instructions to transfer the Final Sale Proceeds to such bank account as You shall notify for this purpose. Please note that to claim the Final Sale Proceeds You will be required to provide details of a valid bank account and that the Final Sale Proceeds will not be transferred in the absence of such details. At no time will the Final Sale Proceeds be paid to You in cash.
- In the event that You shall not claim your Final Sale Proceeds within the Final Claim Period, then the Final Sale Proceeds shall be transferred to the Prime Minister’s Relief Fund or such other fund as You may designate for this purpose at any time prior to the expiry of the Grace Period.
- If performance under these Terms is prevented, restricted, delayed or interfered with by reason of labour disputes, strikes, acts of God, floods, lightning, severe weather, shortages of materials, rationing, inducement of any virus, Trojan or other disruptive mechanisms, any event of hacking or illegal usage of the Platform, utility or communication failures, earthquakes, pandemics, epidemics, war, revolution, acts of terrorism, civil commotion, acts of public enemies, blockade, embargo or any law, order, proclamation, regulation, ordinance, demand or requirement having legal effect of any government or any judicial authority or representative of any such government, or failure of any device used to access the Platform, or any other act whatsoever, whether similar or dissimilar to those referred to in this section, which are beyond the reasonable control of DGIPL and could not have been prevented by reasonable precautions then DGIPL shall be discharged from such performance to the extent of and during the period of such force majeure event. Such non-performance by DGIPL shall, in no manner whosoever, amount to a breach of its obligations.
TERMINATION OF SERVICES BY DGIPL
These Terms shall further stand terminated:
- if DGIPL is adjudged bankrupt or declared insolvent;
- if DGIPL ceases to carry on its business or has communicated to the Trustee Administrator any intention to cease to carry on its business with a notice of less than 90 (Ninety) days in writing acknowledged by the Trustee;
- if DGIPL breaches any of the terms and conditions under the Trustee Administrator Appointment Agreement and/or these Terms (as the case may be) and DGIPL does not remedy such breach within 90 (Ninety) days of being called upon to do so by the Trustee;
- Upon DGIPL commencing a voluntary proceeding under any applicable bankruptcy, insolvency, winding up or other similar applicable law now or hereafter in effect, or consenting to the entry of an order for relief in an involuntary proceeding under any such Applicable Law, or consenting to the appointment or taking possession by a receiver, liquidator, assignee (or similar official) for the whole or a substantial part of its property or takes any action towards its re-organization, liquidation or dissolution;
- upon an order being made for the winding up, bankruptcy or dissolution of DGIPL, or an application is admitted for initiating any corporate insolvency resolution process against DGIPL in accordance with Applicable Law;
- upon any encumbrancer lawfully taking possession, or a liquidator, judicial custodian, receiver, administrative receiver or trustee or any analogous officer having been appointed in respect of the whole or a substantial part of the property of DGIPL, or an attachment, sequestration, distress or execution (or analogous process) being levied or enforced upon or issued against whole or a substantial part of the assets or property of DGIPL, or any action has been taken or suffered against DGIPL towards liquidation or dissolution or similar reorganization; or
- upon a liquidator or provisional liquidator being appointed to DGIPL or a receiver, receiver and manager, trustee or similar official being appointed in respect of DGIPL or any of its assets, or an event analogous.
- Upon the happening of any of the events referred to in Clause 7.2 (“Events of Default” or “EOD”), and where there is any insufficiency of DGIPL funds required to pay any costs and expenses to be incurred in relation to providing delivery of your Precious Metal to you, then in such an event, you do hereby authorise the Trustee Administrator to sell any part of the Customer Precious Metal that is necessary or required to defray such costs and expenses.
CONSEQUENCES OF TERMINATION OF SERVICES BY DGIPL SAFEGOLD
Upon such termination for any reason whatsoever, subject to these Terms and the agreement executed with the Trustee Administrator:
- The Trustee Administrator shall prepare a list of all Customers holding a Precious Metals balance at the time of the EOD (“EOD Customers”).
- The Trustee Administrator shall be required to inform each EOD Customer directly or through the SafeGold Partner from whom the EOD Customer purchased the Precious Metal that an EOD has occurred, as well as the process to be followed with respect to the Customer Precious Metal (“EOD Notice”).
- With respect to Customers who hold less than 1 (One) gram of Customer Precious Metal as on such date, the Customer Precious Metal of such Customers shall be sold at prevailing market rates on a specified date, with the money being remitted to the account maintained by such Customers with the relevant SafeGold Partner (in case the Customer Precious Metal is purchased from a distribution partner) or their bank accounts directly, as may be the case; and
- With respect to Customers who hold more than 1 (One) gram of Customer Precious Metal as on such date, such Customers shall have 30 (Thirty) days to pay the requisite minting and delivery charges to the bank account identified for this purpose and to request for delivery of their Customer Precious Metal. In the event the requisite minting and delivery charges as well as request for delivery are not received from such Customers, their Customer Precious Metal holding shall be sold at prevailing market rates on the specified date, with the money being remitted to the account maintained with the relevant SafeGold Partner (in case the Customer Precious Metal is purchased from a distribution partner) or their bank account. The Trustee Administrator shall take the applicable measures detailed above no more than 45 (Forty-five) days from the EOD Notice.
- The Trustee Administrator shall be entitled to take such other applicable measures as deemed fit by the Trustee whilst ensuring compliance with the agreement executed with SafeGold.
- Where the Trustee Administrator has not received sufficient payment or delivery information from a Customer in accordance these Terms by the specified date, the Trustee Administrator shall sell such Customer’s Customer Precious Metal at the prevailing market price on the specified date and shall keep such money in an escrow account for 1 (One) year for and on behalf of such Customer (“EOD Sale Proceeds”) and attempt to contact such Customer at least twice over the said period of 12 (Twelve) months. In the event that such EOD Customer does not claim his/her/its EOD Sale Proceeds upon expiry of the aforementioned 1 (One) year period, the Trustee shall transfer the monies held in escrow account for the Customer in question to the Prime Minister’s Relief Fund or such other fund as shall have been designated for this purpose by the Customer in question pursuant to these Terms.
- You acknowledge that the termination of your access to the Platform and Services may be affected without any prior notice, and the Customer Account may be immediately deactivated or deleted and all related information and/or bar any further access to the Customer Account, the Platform or the Services. Further, You agree that DGIPL shall not be liable for any discontinuation or termination of Services by any third party.
- None of your content shall remain accessible on the Platform upon termination, except as may be required under Applicable Laws. This information cannot be recovered by You, once the account is terminated.
- The disclaimer of warranties, the limitation of liability, and the governing law provisions shall survive any termination of these Terms.
- Upon such termination for any reason whatsoever, subject to these Terms and the agreement executed with the Trustee Administrator:
GOVERNING LAW AND DISPUTE RESOLUTION
- These Terms shall be governed by and interpreted and construed in accordance with the laws of India. The courts of Mumbai shall have exclusive jurisdiction over any disputes arising under these Terms. In the event of any dispute arising out of these Terms the same shall be settled by a binding arbitration conducted by a sole arbitrator, appointed jointly by both parties and governed by the Arbitration and Conciliation Act, 1996. The venue of arbitration shall be Mumbai, Maharashtra, India.
CREATION OF CUSTOMER ACCOUNT AND REGISTRATION OBLIGATIONS
- Before availing the Services, the Customer shall complete registration process as may be prescribed from time to time. The Customer shall follow the instructions given in the Platform for opening a Customer Account. DGIPL shall be entitled to collect and store relevant information and documents provided by the Customer to the Platform for KYC purposes. As and when required by DGIPL, the Customer will be required to provide additional documents for fulfilling the KYC requirements. You authorize DGIPL to make such enquiries as may be necessary to satisfy about the validity of your identity. You shall be responsible for the correctness of information provided to DGIPL. If You have reasons to believe that there is an error in the information furnished by You, You shall immediately provide correct / updated information.
- DGIPL reserves the right to terminate any Customer Account, with or without notice to You, in the event the KYC documents / information are found to be incorrect or authenticity of the documents / information is found to be doubtful. You hereby undertake to indemnify and keep indemnified DGIPL against any and all losses, claims, liabilities costs etc. which arise out of or relating to Your failure to identify Yourself and validate Your account promptly and / or due to incorrect KYC documents / information.
PLACING CUSTOMER ORDER
- Prior to placing an order, You may be required to provide certain KYC documentation and other information as may be required by DGIPL in such form and manner as it may deem fit. This information may be requested from you at the time of registration, or at a later stage.
- Once such documentation and other information is provided by You, You shall be entitled to place an order on the Platform (“Customer Order”).
- You agree that your continued use of the Platform, consequent upon the creation of the Customer Account, is subject to verification by DGIPL of the information and documentation provided by You. You hereby grant DGIPL permission to conduct such verification, in such form and manner as it may deem fit.
- You will be responsible for maintaining the confidentiality of the Customer Account Information, and shall be fully responsible for all activities that occur under the Customer Account. You agree to immediately notify DGIPL of any unauthorised use of the Customer Account Information or any other breach of security. DGIPL cannot and will not be liable for any loss or damage arising from Your failure to comply with this section. You may be held liable for losses incurred by DGIPL or any user or visitor of the Platform due to authorised or unauthorised use of the Customer Account, as a result of your failure in keeping the Customer Account Information confidential.
- You shall ensure that the Customer Account Information provided by You in the registration form is complete, accurate and up-to-date. Use of another Customer’s account information for availing of any of the Services and/or for use of the Platform is expressly prohibited.
- You agree that if You provide any information that is untrue, inaccurate, not current or incomplete, (or becomes untrue, inaccurate, not current or incomplete) or if DGIPL has reasonable grounds to suspect that such information is untrue, inaccurate, not current, incomplete, or not in accordance with these Terms, DGIPL shall have the right to indefinitely suspend or terminate or block access to the Customer Account on the Platform and refuse to provide You with access to the Platform.
PURCHASE OF PRECIOUS METAL
- You can offer to buy Precious Metal worth Rs.1.00 (Rupee One Only) and above incremental value thereof at the Currency Value of Precious Metal shown on the Platform. It is clarified however, that DGIPL or any SafeGold Partner may define a higher threshold for minimum purchase quantity at their discretion.
- It is hereby clarified that display of such Currency Value of Precious Metal shall constitute fully binding offers and would be an invitation to offer to purchase Precious Metal at the said Currency Value to all Customers. Notwithstanding the foregoing, You understand that the Currency Value may vary multiple times within a day, and accordingly your payment obligations for any Customer Order will depend on the Currency Value then prevailing. While reasonable efforts will be made to offer You a competitive price for the Precious Metal, there is no guarantee that the Currency Value offered to You will be close to or comparable with other prices available in the market.
- Payment pursuant to the Customer Order, will be accepted through the payment options made available on the Platform, which may include redirection to a payment gateway hosted by other third party Payment Gateway Partner, including by DGIPL. At the time of purchase / fulfilment / sale-back / transfer of Precious Metal, the relevant taxes will be chargeable as applicable as per the government regulations. It is hereby clarified that once a Customer Order is placed, You are not entitled to cancel a Customer Order, provided however that a Customer Order shall stand cancelled if the payment fails for any reason whatsoever.
- DGIPL reserves the right to cancel a Customer Order, at its sole discretion, if the information, provided by You prior to placing the Customer Order, is not found acceptable and SafeGold is of the opinion that You are not eligible to purchase the relevant Precious Metal. DGIPL shall have the right to freeze the Customer Account until it receives KYC and other documentation in a form and manner satisfactory it.
- Once the payments are received by DGIPL and the KYC information, if requested, is found acceptable, DGIPL shall issue an invoice to You confirming the Customer Order placed within a period of 3 (Three) Business Days of placing such Customer Order, in a manner it may deem fit.
- Upon placing a valid Customer Order in accordance with these Terms and the same having been confirmed in accordance with these Terms, the relevant Precious Metal will have been purchased by You and shall be displayed as transferred to your Customer Account (“Customer Precious Metal”). You become the owner of such Customer Precious Metal.
- Notwithstanding anything to the contrary contained in these Terms, DGIPL shall be entitled to accept or reject a Customer Order, for any reason whatsoever, at its sole discretion.
- In case of rejection of a Customer Order in accordance with these Terms, where payments have been received by DGIPL, such payments shall be returned to You to the bank account linked to your Customer Account, subject to the terms and conditions indicated on the Platform.
DELIVERY OF PRECIOUS METAL
- This Platform offers Services for Customers who wish to procure delivery of the Customer Precious Metal in accordance with these Terms.
- You shall be entitled to procure delivery of the Customer Precious Metal using the Platform (“Delivery Request”).
- Upon placing the Delivery Request, You shall be required to pay for the applicable charges and confirm the Delivery Request. Your Customer Account shall be provisionally debited corresponding to the quantity of the Customer Precious Metal sought to be delivered (“Delivered Customer Precious Metal”).
- Within a period of 7 (Seven) Business Days of the Delivery Request being confirmed or such further period as may be required by DGIPL, DGIPL shall arrange for delivery of the Delivered Customer Precious Metal at the shipping address indicated by You. You shall be solely responsible for ensuring that the correct address is furnished by You on the Platform for processing such Delivery Request. You shall not be entitled to change the shipping address after the Delivery Request is processed by DGIPL.
- You should carefully examine the package delivered and shall not accept deliveries where the packaging has been tampered with. If, however, You are of the view that the package delivered has been tampered with, You shall be required to intimate DGIPL immediately of the same, and provide such other information as may be required by DGIPL in this regard (“Return Request”). In the event that the Return Request is accepted by DGIPL, then within a period of 14 (Fourteen) Business Days of the original package of Delivered Customer Precious Metal being delivered back to DGIPL, in a manner indicated by DGIPL, and the Return Request being approved by DGIPL, DGIPL shall arrange for re-delivery of the Delivered Customer Precious Metal at the shipping address indicated by You. The costs for such shipping shall be borne by DGIPL. However, in the event of frivolous and unjustified Return Requests made by You, DGIPL reserves the right to take all action available to it, including black-listing or blocking You from using the Services on the Platform.
- You, upon accepting the delivery, acknowledge the receipt of the Delivered Customer Precious Metal in terms of the Delivery Request placed with DGIPL. DGIPL shall not be liable to You for any refund/replacement, under any circumstance, for any subsequent complaints with respect to such deliveries and/or any failure on your part to comply with these Terms (as the case may be).
- Upon receipt of the Delivery Request by DGIPL, the Customer Account shall be permanently debited for the Delivered Customer Precious Metal from the Customer Account.
- It shall be your responsibility to ensure that You are available to receive the Delivered Customer Precious Metal at the time of delivery. If You are not available at the time of delivery, DGIPL courier agent may try and deliver the item again before returning the same to DGIPL. In case of return of the Delivered Customer Precious Metal to DGIPL, your Customer Account shall be credited for the Delivered Customer Precious Metal, after deducting the charges (if any) due from You, provided however that DGIPL is of the opinion that the packaging has not been tampered with. It is hereby clarified that should a request for re-delivery be made by You, You shall be solely liable to incur the applicable charges for delivering the Delivered Customer Precious Metal.
- In case of DGIPL’s inability to make deliveries of Delivered Customer Precious Metal due to a Force Majeure Event, DGIPL shall intimate You of the same and may require that the deliveries be effectuated through specific modes. In such a case, You hereby agree to bear any additional costs and fees necessary for the delivery to be complete.
- DGIPL will not be able to deliver a fractional quantity of Precious Metal below such threshold as DGIPL shall notify for this purpose even if a Customer Request is made for such fractional quantity (“Threshold Quantity”). The Threshold Quantity for different Precious Metals may vary, shall be notified on the Platform through the catalogue display of products available for Delivery or Purchase. You are advised to check the Platform periodically to determine the Threshold Quantity as the same may be revised from time to time. In the event that any Precious Metal below the Threshold Quantity is to be delivered to You, then You agree and acknowledge that such Customer Precious Metal will instead be sold by DGIPL based on the sale prices displayed on the Platform and You will instead receive the applicable sale proceeds in your bank account, details of which are provided by You. If there is any mistake in the account number provided by You, DGIPL would not be held responsible for the same.
- Notwithstanding anything to the contrary contained in these Terms, DGIPL shall be entitled to reject a Customer Request which is not in compliance with the Terms hereof, and shall intimate the Customer of the reasons for the same.
- Based on the changes made to the Customer Account (in lieu of the Customer Orders and/or Customer Requests), if You are of the opinion that the changes made thereto do not tally with the orders and/or Customer Requests placed by You, You may contact DGIPL at firstname.lastname@example.org, who shall accordingly take all necessary actions for taking care of any such identified discrepancies.
- It is hereby clarified that the Customer Precious Metal cannot be pledged or transferred by You to any other user, and the Customer Account is non-transferrable, unless specifically allowed by DGIPL. In the event of your death, if specifically allowed by DGIPL, the title to such Customer Precious Metal lying in the vault and the Customer Account shall transfer to your legal heirs only after the required due diligence has been conducted. Subsequent to this, your legal heir(s) shall be regarded as the Customer for the purpose of the Customer Precious Metal and Customer Account thereafter and the Terms shall be applicable to your legal heir(s).
- It is hereby clarified that the Platform displays articles that are available for purchase. Some items may appear slightly larger or smaller than actual size due to screen defaults and photography techniques. DGIPL shall not be liable for any legal action on this account. It shall be DGIPL’s endeavour to ensure that all details regarding the products are clearly displayed on the Platform.
- Data may be inaccurately displayed on the Platform due to reasons not directly attributable to DGIPL, such as some system errors on the Platform or any device used to access the Platform. DGIPL reserves the right to correct any and all errors when they do occur, at its sole discretion, and DGIPL shall be entitled to not honour any requests/orders placed by You based on any inaccurate or erroneous prices.
- The Currency Value indicated on the Platform is fixed and not negotiable. The Currency Value is also subject to change without any notice to You.
SALE OF CUSTOMER PRECIOUS METAL
- You may be provided an option to sell the Customer Precious Metal during market hours based on the Sell Price on the Platform. If the prices are found acceptable to You, You shall confirm the sale request, in a form and manner acceptable to DGIPL (“Sale Request”). Your Customer Account shall be debited corresponding to the quantity of the Customer Precious Metal sought to be sold vide the Sale Request (“Sold Customer Precious Metal”).
- Within a period of 2 (Two) Business Days of the Sale Request being confirmed or such further period as may be required, the payment, pursuant to the Sale Request, shall be disbursed by DGIPL at the sale prices indicated at the time of placing such Sale Request. DGIPL shall arrange for such payments to be made to your bank account, details of which are provided by You. If there is any mistake in the account number, IFSC code etc. provided by You, DGIPL would not be held responsible for the same.
- It is hereby clarified that DGIPL will provide this service on a best efforts’ basis and only when the commercial bullion market is in operation. DGIPL does not in any way guarantee that this option will be available to You at all times. Further, the buyer of the Sold Customer Precious Metal may be either DGIPL or another party (being interested in buying the Sold Customer Precious Metal). DGIPL shall not be held liable for any actions of such third-party purchaser, apart from ensuring that funds are received on account of the sale of your gold.
- While reasonable efforts will be made to offer You a competitive price for the Customer Precious Metal, there is no guarantee that the price offered to You will be close to or comparable with other prices available in the market.
TRANSFER OF PRECIOUS METAL
Gifting Precious Metal:
- DGIPL may offer Customers the ability to gift Precious Metal purchased by the Customer, to a recipient of their choice. This will be offered as the “gift gold” feature.
- DGIPL shall not be responsible for the acceptance or rejection of the “gift” by the intended recipient, or for verifying the correctness of the mobile number or other identification information provided for the intended recipient by the Customer.
- Precious Metal gifts shall be final, and DGIPL shall not be responsible for amending, altering or otherwise reversing the transaction in case the gift is delivered to an unintended recipient due to any error on the part of the Customer.
- However, in case the intended recipient does not accept the “gift” within the prescribed time, the Precious Metal balance shall revert to the Customer Account.
Exchange for Jewellery:
- DGIPL may also offer Customers the ability to exchange their Customer Precious Metal for jewellery through a partnership with reputed jewellery chains (“Jeweller Partner”). This will be offered as part of the “exchange for jewellery” feature.
- Customers may opt for this functionality by placing a request for exchange (“Exchange Request”) on the Platform and following the procedure described by DGIPL. The transaction shall only be initiated upon the express instructions of the Customer to the Jeweller Partner.
- Upon placing of the Exchange Request, the Customers will be sent an OTP by DGIPL to verify the transaction and confirm that they wish to proceed with the transfer of Customer Precious Metal balance to the selected Jeweller Partner. By communicating the OTP to the Jeweller Partner, the Customer agrees to allow DGIPL to debit the Customer Precious Metal account balance to the extent required for the purchase of the chosen jewellery product.
- Any additional charges for the jewellery product selected shall be borne by the Customer.
- Once a transaction has been deemed to be final and an invoice generated for the transaction, a Customer shall not have the ability to cancel or request for a refund, unless specifically allowed by DGIPL or the Jeweller Partner.
- Notwithstanding anything to the contrary contained in these Terms, DGIPL shall be entitled to reject an Exchange Request which is not in compliance with the Terms hereof, and shall intimate the Customer of the reasons for the same.
Lease of Precious Metal:
- SafeGold may also facilitate Customers providing their Customer Precious Metal on a bailment basis (“Bailment”) to parties that have been registered with DGIPL and entered into a valid agreement (Master Facilitation Agreement) as Bailees.
- The bailment of Customer Precious Metal shall be governed by the Bailor Terms as well as the terms shown to the Customer prior to confirmation of their bailment of their Precious Metal (“Bailment Terms”), which shall be binding on the Customer with respect to the Bailment of the Customer Precious Metal.
- DGIPL, at any time and its sole discretion, may change the specifications of any functionality that pertains to transfer of Precious Metal which include but are not limited to the number of maximum and minimum transferors and receivers, the minimum and maximum amount transferable per transactions, the minimum and maximum gift amount transferable by an individual per day as well as (but not limited to) the minimum and maximum amount that can be transferred by individuals overall using the Platform.
- Gifting Precious Metal:
- The Customer should take care not to share their login credentials, mobile wallet details, personal UPI pin or OTP (“Payment Information”) with any third party intentionally or unintentionally. DGIPL never solicits Payment Information over a call or otherwise. DGIPL and/or the relevant Payment Gateway Partner(s) or SafeGold Partners shall not be liable for any fraud due to the sharing of such details.
- In the event that an individual’s Payment Information and/or Payment Instrument is fraudulently utilised to purchase Precious Metal on the Platform (“Fraudulent Transaction”) from DGIPL, then DGIPL may share relevant information of such transaction if the victim approaches DGIPL via proper channels including DGIPL’s customer support number and email (email@example.com), along with supporting documentation from the relevant public authority or Cyber Cell.
In the event that DGIPL and/or the SafeGold Partner or Payment Gateway Partner(s) have flagged any transaction or Customer Account as suspicious as per their internal guidelines, or where it is found that a Customer has utilised Payment Information or a Payment Instrument in an unauthorised or fraudulent manner to purchase Precious Metal or undertake any other transaction on the Platform (“Fraudulent User”), DGIPL and/or the Payment Gateway Partner(s) shall be entitled to:
- request further KYC information or other documentation from the Fraudulent User to verify the flagged transaction;
- pending further verification, block such Fraudulent User, and/or freeze any accounts associated with them;
- reverse any such Fraudulent Transaction, to the extent possible, including the sale of any Precious Metal purchased by such Fraudulent User, at the prevailing rate;
- provide information on such Fraudulent User, along with any other transaction details, to the relevant authorities.
- In the event of a Fraudulent Transaction as per Clause 16.2, DGIPL shall make a reasonable effort to assist the victim in recovering their funds, subject to supporting evidence and documentation being provided upon request. DGIPL shall be entitled to transfer the victim’s funds, less any payment gateway charges that are not refunded the relevant Payment Gateway Partner(s).
- However, it is clarified that DGIPL shall not obligated to reverse any transaction where the Fraudulent User has already sold the Precious Metal purchased through the Fraudulent Transaction, and received the funds against such sale; or where the Fraudulent User has chosen to take delivery of the Precious Metal so purchased. In this event, DGIPL shall, to the best of its ability, provide any information on the Fraudulent User, including the bank account or mobile wallet account to which funds have been settled, or the physical address to which the Precious Metal has been delivered, to the victim or the relevant authorities.
USE OF THE PLATFORM AND SERVICES
- You acknowledge that the Services are for Your personal use and agree not to publish the Precious Metal prices or descriptions of Precious Metal and/or any other information displayed on the Platform (in lieu of Your access to the Platform) on any other medium. You shall not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Services.
- DGIPL shall not be held liable for any loss of data, technical or otherwise, information, or for particulars supplied by You, due to the reasons beyond its control like corruption of data or delay or failure to perform as a result of a Force Majeure Event.
- DGIPL shall have the sole discretion to determine the locations and pin codes it may want to serve.
- The provision of Services may be interrupted, including for maintenance, repairs, upgrades, or network or equipment failures. DGIPL strives to keep the Services up and running; however, all online services suffer occasional disruptions and outages. DGIPL is not liable for any disruption or loss You may suffer as a result.
- DGIPL may discontinue some or all of the Services, including certain features and the support for certain devices and platforms, at any time.
SUSPENSION / CLOSURE OF CUSTOMER ACCOUNT
- DGIPL may, at its discretion, suspend Customer Account, if there appears to be a fraudulent or suspicious activity in the Customer Account. If DGIPL is of the opinion that You are involved in any unlawful activity or the Customer Account is used for any unlawful purpose, DGIPL shall have the right to take all actions available to it, including black-listing or blocking You from using the Services on its Platform or blocking your access to the Services through the Platform or intimating the relevant authorities of such unlawful activities.
- DGIPL shall not be held liable / responsible, in any manner whatsoever, for any loss / liability arising out of or relating to any technical failure / issue in Platform and / or acts / omission not attributable to it.
- You shall inform immediately, in any case no later than 10 (Ten) Business Days of the transaction, of any irregularities or discrepancies that may exist in your Customer Account, failing which it shall be deemed that there is no error or discrepancy in the account. All records maintained by DGIPL, in electronic or documentary form of the instructions of the Customer and such other details (including, but not limited to payments made or received) pursuant to the Terms, shall as against the Customer, be deemed to be conclusive evidence of such instructions.
- You hereby agree that You shall be liable for all fees and charges associated with the use of the Platform and Services. Further, details of the fees payable (including, but not limited to the terms pertaining to such fees and the quantum thereof), have been set out on the Platform. Please note that the fees and charges may be revised from time to time and it would be your responsibility to view the Platform to check the then current fees and charges payable.
- It is hereby clarified that fees and charges, once paid, are non-refundable.
- All payments made for the use of the Platform and/or purchase of Customer Precious Metal by You shall be compulsorily in Indian Rupees.
While availing any of the payment method/s available on the Platform for availing the Services, DGIPL shall not be responsible for or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to:
- Lack of authorization for any transaction(s), or
- Exceeding the preset limit mutually agreed by You and between bank/s and/or other institutions used by You in making payment, or
- Any payment issues arising out of the transaction, or
- Rejection of transaction for any other reason(s) whatsoever.
- SafeGold may temporarily/permanently suspend/terminate the Customer Account or refuse access in case of non-payment of fees due by You. Without limitation to the other rights and remedies available to DGIPL, it also reserves the right to take legal action for the same.
- Use of the Platform and/or the Services is available only to Persons who can enter into legally binding contracts under the Indian Contract Act, 1872 and to Persons resident in India. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents and persons of unsound mind are not eligible to use the Platform or the Services. Any person under the age of 18 shall not register on the Platform and shall not transact on or use the Platform in relation to or for any Services. If a minor wishes to use or transact on the Platform, such use or transaction may be made by the minor’s legal guardian or parents on the Platform. DGIPL reserves the right to terminate any Person’s membership and/or refuse to provide such Person with access to the Platform and/or any Services if it is brought to DGIPL’s notice or if it is discovered that such Person is not eligible to use the Platform and/or any Service.
ABSENCE OF RELATIONSHIP
- You represent and warrant to DGIPL that You have sufficient experience and knowledge to make informed decisions to purchase and/or sell Customer Precious Metal and/or avail other Services made available on the Platform. You acknowledge that You have not relied on any information made available by DGIPL and that DGIPL is not making any recommendation with respect to such purchases and/or sale of Customer Precious Metal and/or availing other Services made available on the Platform. No relationship other than seller-purchaser if such a request is made by You on the Platform in compliance with these Terms, including, without limitation, any agent-principal relationship, any advisor-advisee relationship, any employee-employer relationship, any franchisee-franchisor relationship, any joint venture relationship or any partnership relationship, exists between You and DGIPL.
- You acknowledge that DGIPL is not providing, dealing in, offering any investment product and does not offer any guarantee and/or assured returns. You further acknowledge that value of Precious Metal may vary depending on various factors and forces.
ELECTRONIC ORDER RISKS
- Commercial internet service providers are not 100% reliable and a failure by one or more of these providers may affect internet-based order entry. You acknowledge that the order entry system is an electronic mechanical system and as such may be subject to failure beyond the control of DGIPL. Therefore, DGIPL shall not be responsible for errors, negligence, inability to execute orders, delays in transmission, delivery or execution of order due to breakdown or failure of transmission or communication facilities (including in any device used to connect to the Platform), or to any other cause beyond DGIPL’s control or anticipation.
- The Platform may allow You to post Your review and experience of using the Platform ("Reviews") in order to improve the Platform and the user experience.
- You, being the originator of the Reviews, are responsible for the Reviews that You upload, post, publish, transmit or otherwise makes available on the Platform. You represent that all such Reviews will be in accordance with applicable law. You acknowledge that DGIPL does not endorse any Reviews on the Platform and is not responsible or liable for any Reviews. DGIPL reserves the right to disable access to the Reviews on the Platform.
- You hereby grant DGIPL a perpetual, non-revocable, worldwide, royalty-free and sub-licensable right and license to use, copy, distribute, display, publish, transmit, make available, reproduce, modify, adapt the Reviews in any manner as deemed appropriate by DGIPL in any form including but not limited to print, broadcast, online and across any and all websites and platforms owned by DGIPL.
- You further represent and warrant that while posting any Reviews on the Platform You shall not use any offensive, libelous, derogatory, hateful or racially or ethnically objectionable language. Further, You shall not post any content on any part of the Platform that is obscene, pornographic, constitutes an “indecent representation of women” as provided in the Indecent Representation of Women (Prohibition) Act, 1986.
CONTENT AND INTELLECTUAL PROPERTY RIGHTS
- DGIPL solely and exclusively owns respective copyrights, trademarks, service marks, logos, trade names, and other intellectual and proprietary rights associated with the Services provided by DGIPL and displayed on/accessed on the Platform and is protected under Indian law.
- You hereby acknowledge that the Services constitute original works and have been developed, compiled, prepared, revised, selected, and arranged by DGIPL respectively through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitutes valuable intellectual property of DGIPL and such others. You thereby agree to protect the proprietary rights of DGIPL during and after the term of these Terms. You may not selectively download portions of the Platform without retaining the copyright notices. You may download material from the Platform only for the purpose intended by these Terms.
- Any infringement shall lead to appropriate legal proceedings against You at appropriate forum for seeking all available remedies under applicable laws of the country.
LINKS TO/FROM THIRD-PARTIES' WEBSITES/APPLICATIONS
- The Platform may contain links and interactive functionality interacting with the websites of third parties. DGIPL is not responsible for and does not have any liability for the functionality, actions, inactions, privacy settings, privacy policies, terms, or content of any such websites. Before enabling any sharing functions to communicate with any such website or otherwise visiting any such website, DGIPL strongly recommends that You review and understand the terms and conditions, privacy policies, settings, and information-sharing functions of each such third-party website.
- You hereby agree to indemnify and keep the DGIPL indemnified from and against all actions, claims, demands, proceedings, losses, damages, costs, charges and expenses, directly or indirectly, whatsoever (“Losses”) which DGIPL and/or its employees, agents, workers or representative may at any time incur, sustain, suffer or be put to as a consequence of or by reason of or arising out of: (i) the usage of the Platform and/or any device used by the Customer to access the Platform; (ii) by reason of DGIPL acting in good faith and taking or refusing to take or omitting to take action on the Customer's instructions, and in particular arising directly or indirectly out of the negligence, mistake or misconduct of the Customer; (iii) breach or non-compliance of the Terms and relating to the Customer Account; and/or (iv) fraud or dishonesty relating to any transaction by the Customer.
USE OF THE PLATFORM
You agree, undertake and covenant that, during the use of the Platform, You shall not host, display, upload, modify, publish, transmit, store, update or share any information that:
- belongs to another person and to which You do not have any right.
- is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another person's privacy, insulting or harassing on the basis of gender, hateful or racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent or contrary to the Applicable Laws in force in any manner whatsoever.
- is misleading in any way.
- is harmful to minors.
- involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming".
- infringes upon or violates any third party's rights including, but not limited to, any patent, trademark, copyright or other proprietary rights or intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number).
- provides instructional information about illegal activities such as violating someone's privacy, or providing or creating computer viruses.
- tries to gain unauthorized access or exceeds the scope of authorized access to the Platform or to profiles, communities, account information, bulletins, or other areas of the Platform or solicits passwords or personally identifying information for commercial or unlawful purposes from other users of the Platform.
- engages in commercial activities without DGIPL’s prior written consent such as engages in contests, sweepstakes, barter, advertising etc.
- interferes with another person’s use of the Platform.
- impersonates another person.
- threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign States, or public order, or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any foreign States.
- refers to any website or URL that, in DGIPL’s sole discretion, contains material that is inappropriate for the Platform or any other website, contains content that would be prohibited or violates the letter or spirit of these Terms.
- deceives or misleads the addressee/ users about the origin of the messages or knowingly and intentionally communicates any information which is patently false or misleading or grossly offensive or menacing in nature but may reasonably be perceived as a fact.
- is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person.
- contains software viruses or any other computer codes, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, diminish value of, covertly intercept or steal any system, data or personal information.
- violates any Applicable Law for the time being in force.
- You hereby accept full responsibility for any consequences that may arise from your use of the Platform, and expressly agree and acknowledge than in no event and under no circumstances shall DGIPL be held liable to You for any liabilities or damages resulting from or arising out of your use of the Platform. You shall not use anyone else’s account at any time.
- You agree and acknowledge that You shall not use the Platform for any fraudulent, malicious, illegal or unauthorized purpose/activities. You agree to comply with all Applicable Law pertaining to your use of the Platform. You further agree and acknowledge that You shall use the Services provided on the Platform only for your business purposes.
- You agree, undertake and covenant that, during the use of the Platform you shall not attempt to alter, mimic, modify or in any way license or offer the APIs utilised by DGIPL on the Platform for sale or resale to a third party.
- DGIPL shall have the right, but not the obligation, to monitor your access to or use of the Platform to ensure your compliance with these Terms or Applicable Law, at its sole discretion.
- You agree, undertake and covenant that, during the use of the Platform, You shall not host, display, upload, modify, publish, transmit, store, update or share any information that:
DISCLAIMER OF WARRANTIES
RIGHTS & RESERVATIONS
DGIPL reserves the right to:
- Make all decisions in relation to, inter alia, your registration with SafeGold;
- Request additional documents and additional information from You for the purpose of your registration as a user with the Platform; and
- Deny access to the Platform or any portion thereof without notice for the following reasons (a) any unauthorized access or use by You; (b) attempt(s) to assign or transfer any rights granted to You under these Terms; (c) violation of any of the provisions of the Terms or any Applicable Laws.
- DGIPL reserves the right to:
LIMITATION OF LIABILITY
- You hereby acknowledge that DGIPL (including but not limited to its, directors, employees, agents or partners) shall not be held liable to You for any special, consequential, incidental, and exemplary or punitive damages, or loss of profit or revenues. DGIPL shall also not be liable under any circumstances for damages arising out or related in any way to Your inability to access, or Your difficulty in accessing the Platform to avail of any Services, any bugs, viruses, trojan horses, or the like, which may be transmitted to or through the Platform by any third party, any loss of Your data, any claim relating to Your data or content from the Services and/or Your failure to keep the Gold Account Information secure and confidential. You further agree that DGIPL shall not be held responsible in any manner whatsoever for any and all acts or omissions of any Intermediaries or any other third party whosoever including (but not limited to) any person whose device has been used by You to access the Platform and/or any person appointed/nominated for the purposes of accepting/collecting any payments from You for the purchase of Precious Metal.
AMENDMENTS, ACCEPTANCE OF TERMS
- In order to use the Platform, You must first agree to these Terms. You can accept the Terms by (1) Signing up with DGIPL and logging onto SafeGold by using the Login Credentials; (2) Actual usage of the Platform. In this case, You understand and agree that DGIPL will treat your use of the Platform as acceptance of the Terms from that point onwards; or (3) By clicking to accept these Terms, if and when prompted on the Platform.
- DGIPL reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms at any time. Such changes shall be posted on the Platform and shall be notified to the Customer prior to making such changes by SMS, email or by posting a conspicuous notice on the Platform. Notwithstanding anything to the contrary, Customer shall be responsible for regularly reviewing the Terms, including amendments thereto as may be posted on the Platform and shall be deemed to have accepted the amended Terms by continuing the use of Platform. As long as You comply with these Terms, DGIPL grants You a personal, revocable, non-exclusive, non-transferable, limited privilege to access and use the Platform.
- Please do not access or use the Platform or otherwise click to accept these Terms, if and when prompted on the Platform, if You do not accept the Terms or are unable to be bound by the Terms. As a condition of Your access to and use of the Platform or the provision of any Services to You using the Platform, You agree that You will comply with all applicable laws and regulations when using the Platform. If DGIPL is of the opinion that the Customer Account is being used by You for any unlawful purpose, DGIPL shall have the right to take all actions available to it, including black-listing or blocking You from using the Services through the Platform or intimating the relevant authorities of such unlawful activities.
- Except as expressly provided herein, You shall not license, sell, transfer or assign your rights, obligations, or covenants under these Terms in any manner without DGIPL’s prior written consent. DGIPL reserves the right, at its own discretion, to freely assign and transfer the rights and obligations under these Terms to any third party.
SEVERABILITY AND WAIVER
GRIEVANCE REDRESSAL MECHANISM
In accordance with the Information Technology Act, 2000 and Rules made thereunder, the name and contact details of the Grievance Officer are provided below:
the contact details of Grievance Officer for the purposes of DGIPL are:
Name: Rukhsar Khan
Phone No: 8881000800
- the contact details of Grievance Officer for the purposes of DGIPL are:
- For registering your complaint, please contact the Grievance Officer at the above mentioned details in relation to any violation of these Terms or the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. The Grievance Officer shall redress the complaint in accordance with the provisions of the Information Technology Act, 2000 and Rules made thereunder.
- In accordance with the Information Technology Act, 2000 and Rules made thereunder, the name and contact details of the Grievance Officer are provided below: