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INTRODUCTION
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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.
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THIS DOCUMENT IS PUBLISHED IN ACCORDANCE WITH THE PROVISIONS OF
RULE 3(1) OF THE INFORMATION TECHNOLOGY (INTERMEDIARIES
GUIDELINES) RULES, 2011 THAT REQUIRES PUBLISHING THE RULES AND
REGULATIONS, PRIVACY POLICY AND TERMS OF USE FOR ACCESS OR
USAGE OF THIS WEBSITE.
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The domain name www.safegold.in (hereinafter referred to as the “Website”) is
owned by Digital Gold India Private Limited, a company incorporated under the
Companies Act, 2013 with its registered office at 1902 Tower B, Peninsula Business
Park, Ganpatrao Kadam Marg, Lower Parel, Mumbai, Maharashtra 400013,
("Digigold").The objective of the Website is to facilitate buying safe keeping/vaulting and delivery/fulfilment of gold and providing related services thereto that may be
offered by Digigold to Customers on or through the Platform (“Services”).
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Digigold does not guarantee any returns, on any transactions consummated vis-à-vis
the Platform, to any person, either directly or indirectly. The Customer (hereinafter
referred to as “You”, with the term “Your” being construed accordingly) shall be solely responsible for undertaking appropriate and effective due diligence and related
analysis before undertaking any transactions pursuant to these Terms of Use.
Digigold may publish research and opinions on this Website or on other parts of the
Platform, for general information purposes. You may not rely on any such information
for forming Your purchase or other decisions consummated on the Platform. You
further acknowledge and agree that Digigold and its officers, directors, employees,
agents and affiliates will have no liability for Your purchase or other decisions using
the Website and/or any other part of the Platform.
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The term “Customer” shall mean an individual, who is willing to avail Digigold’s
Services using the Platform and is registered as a ‘customer’ on the Platform.
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For the purpose of these Terms of Use (“Terms”), wherever the context so requires, the term:
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“Customer Account”shall mean the account created whether by You or otherwise, in accordance with these Terms.
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“Customer Account Information” shall mean the information provided by
You for the purpose of creation of the Customer Account.
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“Customer Request” shall mean a Delivery Request, Sale Request or
Exchange Request placed by You in relation to the Customer Gold.
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“Distributor” shall mean any Person resident in India, in accordance with
applicable laws, who is willing to act as an intermediary for the provision of
Services by Digigold.
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“Force Majeure Event”shall mean any event that is beyond the reasonable control of Digigold 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, and any
other similar events not within the control of Digigold and which Digigold is not
able to overcome.
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“Person” shall mean an individual, a corporation, a partnership, a joint
venture, a trust, an unincorporated organization and any other legal entity.
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“Platform”means collectively: (i) the Website (ii) any internet website(s)
operated by Distributors through which any Customer may purchase any gold
from Digigold; and (iii) any mobile based software applications/programs
offered by any Distributor through which a Customer may purchase gold from
Digigold.
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In addition to the terms defined in Clause 1.6, additional terms used herein shall have
the respective meanings assigned thereto in the Terms contained hereinafter.
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ACCEPTPANCE OF TERMS
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Digigold reserves the right, at its sole discretion, to change, modify, add or remove
portions of these Terms at any time by posting update notification on the Website or
on other parts of the Platform and communicating the notification to You in
accordance with these Terms. It is Your sole responsibility to review these Terms
based on such update notifications. Your continued use of the Website or any
Services following the posting of changes shall be deemed to mean that You accept
and agree to the revisions. As long as You comply with these Terms, Digigold grants
You a personal, non-exclusive, non-transferable, limited privilege to enter and use the
Website.
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Accessing, browsing or otherwise using the Website indicates Your agreement to all
the terms and conditions under these Terms. You are advised to read these Terms
carefully before proceeding. By impliedly or expressly accepting these Terms, You
also accept and agree to be bound by all Digigold’s policies, including but not limited
to its privacy policy (“Privacy Policy”), as amended from time to time.
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You may not use the Website or avail of the Services using any part of 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 Website 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 Digigold is of the opinion that the Customer
Account is being used by You for any unlawful purpose, Digigold shall have the right
to take all action available to it, including black-listing or blocking You from using the
Services on its Website or blocking Your access to the Services through the Platform
or intimating the relevant authorities of such unlawful activities.
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MEMBER ELIGIBILITY
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Use of the Website 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 Website or the Services. Any person under the age of 18 shall not register on the Website and shall not transact on or use the Platform in relation to or for any Services. Digigold reserves the right to terminate any Person’s membership and/or refuse to provide such Person with access 3 to the Website and/or any Services if it is brought to Digigold’s notice or if it is discovered that such Person is not eligible to use the Website and/or any Service.
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CUSTOMER’S ACCOUNT AND REGISTRATION OBLIGATIONS
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The Website allows very limited and restricted access to the Services for unregistered
users.
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You shall have an option to either place an order for gold directly on the Website or
with a Distributor through the Platform.
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Creation of Customer Account on the Platform
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For placing an order for any Services, You will have to create the Customer
Account on the Platform prior to placing such an order, which can be done
either directly by sending a request on the Platform or through an invitation
sent by Digigold. As part of the registration process, You will be required to
provide certain Customer Account Information and details, including Your
mobile number, an e-mail id, password and any other information deemed
necessary by Digigold.
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While registering with the Website to avail the Services, You shall not:
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create any Customer Account for anyone other than Yourself, unless
such person's prior permission has been obtained;
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use a Customer Account that is in the name of another person with
the intent to impersonate that person; and
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use a name for the Customer Account that is otherwise offensive,
vulgar or obscene or unlawful.
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Creation of Customer Account by the Distributor
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For placing an order through the Distributor in accordance with these Terms,
You authorize the Distributor to create an account using the Platform, on Your
behalf, prior to placing such an order. As part of the registration process, You
will be required to provide certain Customer Account Information and details,
including Your mobile number, an e-mail id, password and any other
information deemed necessary by Digigold and/or Distributor (as the case
may be).
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For the purpose of this Clause 4.4, You agree to ratify such authorization
retrospectively. You further agree and authorise the Distributor to share any
and all of Your information with Digigold as and when requested by Digigold
without requiring any further authorisations from You.
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You hereby agree and understand that these Terms shall be applicable to
You irrespective of whether the Customer Account is created directly by You
or by the Distributor, for and on Your behalf. Further, these Terms shall apply
mutatis mutandis for any orders placed by You, whether for purchase or
delivery/fulfilment of gold, with the Distributors.
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The Distributors shall be authorized for a limited purpose of representing You
and acting on Your behalf to take orders for purchase of gold or
delivery/fulfilment thereof in accordance with these Terms.
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You hereby acknowledge that You will be fully responsible for all activities that occur
under the Customer Account.
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Customer’s Obligations
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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, (i) immediately notify Digigold of
any unauthorised use of the Customer Account Information or any other
breach of security; and (ii) exit from the Customer Account at the end of each
session. Digigold cannot and will not be liable for any loss or damage arising
from Your failure to comply with this Clause. You may be held liable for losses
incurred by Digigold 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.
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You shall ensure that the Customer Account Information provided by You in
the Platform’s 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.
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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 Digigold has reasonable grounds to suspect that such
information is untrue, inaccurate, not current, incomplete, or not in
accordance with these Terms, Digigold 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.
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USE OF THE WEBSITE AND SERVICES
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You agree, undertake and covenant that, during the use of the Website or any other
part of the Platform, You shall not host, display, upload, transmit or share any
information that:
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belongs to another person or entity and to which You do not have any right;
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is grossly harmful, harassing, blasphemous, defamatory, obscene,
pornographic, paedophilic, libellous, invasive of another person's privacy,
hateful or racially or ethnically objectionable, or encouraging money
laundering or gambling, or otherwise unlawful in any manner whatsoever;
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is misleading in any way;
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involves the transmission of "junk mail", "chain letters", or unsolicited mass
mailing or "spamming";
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infringes upon or violates any third party's rights including, but not limited to,
intellectual property rights, rights of privacy (including without limitation
unauthorized disclosure of a person's name, e-mail address, physical address
or phone number) or rights of publicity;
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tries to gain unauthorized access or exceeds the scope of authorized access
to the Website or any other part of the Platform or to profiles, blogs,
communities, account information, bulletins, or other areas of the Website or
other parts of the Platform or solicits passwords or personally identifying
5 information for commercial or unlawful purposes from other users of the
Website or any other part of the Platform;
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interferes with another user’s use of the Website or any other part of the
Platform;
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refers to any website or URL that, in Digigold’s sole discretion, contains
material that is inappropriate for the Website or any other website, contains
content that would be prohibited or violates the letter or spirit of these Terms;
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deceives or misleads the addressee/ users about the origin of such messages
or communicates any information which is grossly offensive or menacing in
nature;
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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;
or
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violates any law for the time being in force.
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You must comply with the provisions contained in these Terms and the Privacy
Policy. Digigold may review Your conduct for compliance purposes, but shall have no
obligation to do so.
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You acknowledge that the Services are for Your personal use and agree not to
publish the gold prices or descriptions of gold 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.
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Subject to these Terms and the Privacy Policy, You hereby grant to Digigold a nonexclusive,
worldwide, royalty-free right to (a) collect, store and transmit Your data, in
each case solely to the extent necessary to provide the Services to You, and (b)
share Your data or interact with other people, to distribute and publicly perform and
display Your data as You direct or enable through the Services.
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You represent and warrant that: (i) You have obtained all necessary rights, releases
and permissions to provide all Your data to Digigold and to grant the rights granted to
Digigold in these Terms and (ii) Your data and its transfer to and use by Digigold as
authorized by You under these Terms do not violate any laws or rights of any third
party, including without limitation any intellectual property rights, rights of privacy, or
rights of publicity, and any use, collection and disclosure authorized herein is not
inconsistent with the terms of any applicable privacy policies. Other than its security
obligations under these Terms and the Privacy Policy, Digigold assumes no
responsibility or liability for Your data, and You shall be solely responsible for Your
data and the consequences of using, disclosing, storing, or transmitting it.
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Digigold shall not be held liable for any loss of data, technical or otherwise,
information, or for particulars supplied by You, due the reasons beyond its control like
corruption of data or delay or failure to perform as a result of a Force Majeure Event.
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Digigold shall have the sole discretion to determine the locations and pin codes it may
want to serve.
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The provision of Services may be interrupted, including for maintenance, repairs,
upgrades, or network or equipment failures. Digigold strives to keep the Services up
and running; however, all online services suffer occasional disruptions and outages,
and Digigold isn’t liable for any disruption or loss You may suffer as a result.
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Digigold may discontinue some or all of the Services, including certain features and
the support for certain devices and platforms, at any time.
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TERMS AND CONDITIONS OF SERVICE
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The Services by Digigold shall be provided for a term commencing from the date of
creation of the Customer Account.
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Placing an Order and Verification
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Prior to placing an order, You may be required to provide certain know Your
customer (KYC) documentation and other information as may be required by
Digigold and in such form and manner as it may deem fit.
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Once such documentation and other information is provided by You to
Digigold or the Distributor (as the case may be), You shall be entitled to place
an order (or authorize the Distributor to place an order on Your behalf) on the
Platform (“Customer Order”).
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You agree that Your continued use of the Platform, consequent upon the
creation of the Customer Account, is subject to verification by Digigold and/or
the Distributors (as the case may be), of the information and documentation
provided by You. You hereby grant Digigold and/or the Distributors (as the
case may be) permission to conduct such verification, in such form and
manner as it may deem fit.
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You further acknowledge that Digigold reserves the right for such verification
either on registration of the Customer Account or at any time thereafter.
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Purchase of Gold
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This Website as well as the other parts of the Platform offer Services for
Customers who wish to purchase gold for personal consumption in
accordance these Terms.
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You shall be entitled to purchase gold either directly on the Website or
through a Distributor using the Platform.
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In both cases, You can buy gold at the market linked prices of gold shown on
the Platform. However, in case of gold being purchased from a Distributor,
You would be intimated of the prices through the Distributor. Market linked
prices means that these quotes are linked to the prices of gold in the
commercial bullion market in India.
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It is hereby clarified that such market linked prices of gold shall constitute fully
binding offers and would be an invitation to offer to purchase gold at the said
market prices to all Customer Account holders. Notwithstanding the
foregoing, You understand that these prices may vary multiple times within a
day, and accordingly Your payment obligations for any order placed on the
Website will depend on the market linked prices then prevailing.
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Simultaneous with the placing of the Customer Order, You will be required to
make payments through a payment gateway or in such other manner as may
be prescribed by Digigold or the Distributor in this regard to a no-lien bank
account set up by Digigold for the purpose of receiving purchase
consideration from Customers (and for no other purpose) (such account being
the Collection Account’). It is hereby clarified that once a Customer Order is placed, You are not entitled to cancel a Customer Order, provided however
that Customer Order shall stand cancelled if the payment fails for any reason
whatsoever in accordance with this Clause 6.3. Upon placing the Customer
Order, Digigold may issue a provisional invoice to You in accordance with
these Terms pending realization of money.
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. Within a period of 1 (One) business day of the Customer Order being placed
or such further period as may be required by Digigold, pending receipt of
money by Digigold in the Collection Account, You shall be intimated of the
Customer Order placed and Your gold account on Your dashboard shall be
updated to reflect confirmed gold balance (“Customer Gold Account”).
While the balance will reflect in Your dashboard, it will be confirmed only after
realization of the payment from You.
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If, however, the payments are not received within a period of 2 (Two)
business days of placing the Customer Order, You shall be intimated of the
same in accordance with these Terms, and the Customer Order shall stand
cancelled, and the Customer Gold Account shall accordingly stand amended.
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Digigold reserves the right to cancel a Customer Order, at its sole discretion,
if Your information, provided prior to placing the Customer Order, is not found
acceptable and Digigold is of the opinion that You are not eligible to purchase
gold. The Customer Gold Account shall accordingly stand amended.
Notwithstanding the foregoing, Digigold also has the right to freeze the
Customer Account until it receives KYC and other documentation in a form
and manner satisfactory to Digigold.
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Once the payments are received by Digigold and the KYC information is
found acceptable, Digigold shall issue an invoice to You confirming the
Customer Order placed within a period of 3 (Three) business days of placing
such order, in a manner it may deem fit.
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Notwithstanding anything to the contrary contained in these Terms, Digigold
shall be entitled to accept or reject a Customer, for any reason whatsoever, at
its sole discretion.
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. In case of rejection of a Customer Order in accordance with these Terms,
where payments have been received by Digigold, such payments shall be
returned to You to the bank account indicated by You or in such other manner
(depending on how the payment was made by You), subject to the terms and
conditions indicated in the Section titled ‘Pricing & Fee’.
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Appointment of Intermediaries
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Digigold or the Security Trustee (as the case may be) may from time to time
appoint intermediaries who shall assist Digigold in providing the Services to
You (“Intermediaries”). The term, “Intermediaries” shall mean the Security Trustee, Vault Keeper and shall include any and all Persons appointed by Digigold or the Security Trustee (as the case may be) upon placement of a
Customer Order (and successful payment of monies in lieu thereof) till the
8 consummation of the Customer Requests placed by You in accordance with
these Terms. You hereby consent to the appointment of such Intermediaries,
for and on Your behalf, by Digigold or the Security Trustee (as the case may
be).
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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 Digigold
on Your behalf unless otherwise indicated in these Terms.
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Appointment of Security Trustee
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You hereby acknowledge and agree that in order to ensure that Your
Customer Orders/Customer Requests are fulfilled in all circumstances, a first
and exclusive charge on the Customer Gold by way of hypothecation will be
created in favour of IDBI Trusteeship Services Limited or any successor
Person (“Security Trustee”).
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By accepting these Terms, You further agree to accede to the terms for such
arrangement with the Security Trustee (i.e., a security trustee agreement) and
for creation of the charge over the Customer Gold by way of a deed of
hypothecation or the like (collectively, “Security Trustee Agreements”). By
clicking on “I Accept”, You acknowledge that You will accede to the Security
Trustee Agreements (upon such date) as if You had been named as an
original party to the same and had executed each of such Security Trustee
Agreements; and will be bound by all the terms and conditions of the Security
Trustee Agreements.
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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
Digigold is unable to pay these expenses or charges for any reason
whatsoever, thereby adversely effecting or jeopardizing the fulfilment of Your
Customer Orders/Customer Requests, then the Security Trustee will be
entitled to sell part of the Customer Gold and satisfy such outstanding
expenses or charges as required in accordance with these Terms read with
the Security Trustee Agreements. The sums due to You and/or gold (as the
case may be) to be delivered after settling the aforementioned charges, would
be dealt with in accordance with Clause 13 of these Terms read with the
Security Trustee Agreements.
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By way of these Terms, You authorize the Security Trustee to act on Your
behalf to ensure that Your interests are adequately protected.
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Safe Keeping/Vaulting of Gold
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Gold purchased by You corresponding to the Customer Order shall be stored
with a custodian in a vault on Your behalf (“Vault Keeper”).
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You hereby authorize (i) appointment of such Vault Keeper to safe keep the
gold purchased; and (ii) Digigold to store such gold products purchased by
You, including, but not limited to, bullion, coins or jewellery (as the case may
be) in the secured vault on Your behalf (“Customer Gold”). It is hereby
clarified that Your purchase of the gold corresponding to the Customer Order
9 shall be deemed to be completed and title in relation thereto shall be deemed
to have been passed upon such relevant portion of the Customer Gold being
stored in the vault with the Vault Keeper on Your behalf or upon a final invoice
being issued by Digigold in accordance with these Terms, subject to
applicable laws.
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. To ensure that the Customer Gold stored in such vault is adequately
protected, necessary insurance policy/ies has been obtained by the Vault
Keeper, where the cost of insurance to safe keep the same will be borne by
the Vault Keeper. Pursuant to such insurance policy/ies, for any loss or
damage to the Customer Gold stored in the vault, You further authorize the
Security Trustee to act as Your beneficiary under the insurance policy/ies and
to take all steps necessary to protect Your interests.
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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 Gold may be at risk. The broad areas covered by such insurance
policy/ies as well as the primary exclusions would be detailed on the Website.
It would be Your responsibility to view the Website to check the inclusions
and exclusions under such insurance policy/ies.
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Delivery of Gold
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This Website and other parts of the Platform offer Services for Customers
who wish to procure delivery of the Customer Gold in accordance with these
Terms.
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You shall be entitled to procure delivery of the Customer Gold, either directly
on the Website or through a Distributor using the Platform (being authorized
by You to do so on Your behalf) (“Delivery Request”).
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Upon placing the Delivery Request, You shall be required to pay for the
applicable delivery charges and confirm the Delivery Request, in a form and
manner acceptable to Digigold. Your Customer Gold Account shall be
provisionally debited corresponding to the quantity of the Customer Gold
sought to be delivered (“Delivered Customer Gold”).
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Within a period of 7 (Seven) business days of the Delivery Request being
confirmed or such further period as may be required by Digigold, Digigold
shall arrange for delivery of the Delivered Customer Gold 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 Digigold. Notwithstanding the
foregoing, You shall have the option to change the shipping address, before
the Delivered Customer Gold is actually shipped. In the event You wish to
change the shipping address, You have to log-in to Your Customer Account
on the Platform and make such request in a form and manner indicated by
Digigold and shall provide supporting documentation/information for the new
address, as may be required by Digigold.
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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 Digigold immediately of the same, and provide such other
information as may be required by Digigold in this regard (“Return Request”). Within a period of 10 (Ten) business days of Return Request being placed
(with the original package of Delivered Customer Gold being delivered to
Digigold, in a manner indicated by Digigold), and the same being approved by
Digigold, Digigold shall arrange for re-delivery of the Delivered Customer
Gold at the shipping address indicated by You. The costs for such shipping
shall be borne by Digigold alone, and not by You. However, in the event of
frivolous and unjustified Return Requests made by You, Digigold reserves the
right to take all action available to it, including black-listing or blocking You
from using the Services on its Website or on any other part of the Platform.
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You, upon signing the delivery receipt, acknowledge the receipt of the
Delivered Customer Gold in terms of the Delivery Request placed with
Digigold. Digigold 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 (as the case may be) to comply with
these Terms.
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Upon receipt of the delivery confirmation by Digigold, the Customer Gold
Account shall be finalized by debiting the Delivered Customer Gold from the
Customer Gold Account.
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It shall be Your responsibility to ensure that You are available to receive the
Delivered Customer Gold at the time of delivery. If You are not available at
the time of delivery, Digigold/ courier agent may try and deliver the item again
before returning the same to Digigold. In case of return of the Delivered
Customer Gold to Digigold, Customer Gold Account shall be credited for the
Delivered Customer Gold, provided however that Digigold is of the opinion
that the packaging has not been tamped 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 delivery charges for delivering the Delivered Customer Gold.
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In case of Digigold’s inability to make deliveries of Delivered Customer Gold
due to a Force Majeure Event, Digigold 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.
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Digigold will not be able to deliver a fractional quantity of gold below such
threshold as Digigold shall notify for this purpose even if a Customer Request
is made for such fractional quantity (“Threshold Quantity”). You are advised to check the Website periodically to determine the Threshold Quantity as the
same may be revised from time to time. In the event that any Customer Gold
below the Threshold Quantity is to be delivered to you, then please note that
such Customer Gold shall instead be sold by Digigold 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, Digigold would
not be held responsible for the same.
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You are required to take delivery of Your Customer Gold within such
maximum period as shall be specified for this purpose by Digigold from time
to time in the Pricing and Fees section of 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 that may be
specified in this regard by Digigold on the Platform from time to time. You
may provide such address to Digigold at any time during the Maximum
11 Storage Period. In the event that no valid address has been provided by You
during the Maximum Storage Period, then Digigold shall for a period 1 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 Digigold to obtain either (i) an address
to which You would require the gold in question to be delivered or (ii) Your
bank account details into which sale proceeds of the Customer Gold shall be
deposited. In the event that Digigold 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:
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take delivery of the gold in question for any reason whosoever
(including where You shall not have provided any address to take
delivery of such gold); or
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provide the details for a valid bank account into which the proceeds of
any sale of such Customer Gold is to be deposited;
then upon expiry of the applicable Grace Period for the Customer Gold in
question, Digigold shall purchase such Customer Gold with the purchase
price being the applicable prevailing price notified by Digigold on the Platform
for purchase of gold from Customers. The purchase proceeds realized from
such sale (“Final Sale Proceeds”) after deducting any amounts payable to
Digigold as storage charges for storage of such gold after the Free Storage
Period, shall be deposited into a no-lien bank account operated by the
Security Trustee who shall be the sole signatory to such bank account. In the
event that You shall during a period of a period of 3 years commencing from
the date of expiry of the applicable Grace Period (such period being the
“Final Claim Period” ) notify either Digigold or the Security Trustee that You
are claiming the applicable Final Sale Proceeds, the Security 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 its 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.
-
Sell the Customer Gold
-
You may be provided an option to sell the Customer Gold during market
hours based on the sale prices on the Platform, either directly on the Website
or through a Distributor using the Platform (being authorized by You to do so
on Your behalf). If the prices are found acceptable to You, You shall confirm
the sale request, in a form and manner acceptable to Digigold (“Sale
Request”). Your Customer Gold Account shall be debited corresponding to
the quantity of the Customer Gold sought to be sold vide the Sale Request
(“Sold Customer Gold”).
-
Within a period of 5 (Five) business days of the Sale Request being
confirmed or such further period as may be required by Digigold, the
payment, pursuant to the Sale Request, shall be disbursed by Digigold at the
sale prices indicated at the time of placing such Sale Request. Digigold 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 provided
by You, Digigold would not be held responsible for the same.
-
It is hereby clarified that Digigold will provide this service on a best efforts
basis and only when the commercial bullion market is in operation. Digigold
does not in any way guarantee that this option will be available to You at all
times. Further, the buyer of the Sold Customer Gold may be either Digigold or
another party (being interested in buying the Sold Customer Gold). Digigold
shall not be held liable for any actions of such third-party purchaser.
-
You will be provided with free storage for your Customer Gold for such period
as more particularly stipulated by Digigold in this regard from time to time at
its sole discretion and notified to Customers in the Pricing and Fees section of
the Platform (“Free Storage Period”). After the expiry of the Free Storage
Period, Digigold shall be entitled to levy storage charges for such Customer
Gold at such rate as Digigold shall have specified at its sole discretion in the
Pricing and Fees section of the Platform from time to time. You are advised to
periodically check the Pricing and Fees section of the Platform to understand
these storage charges and the time within which You would be required to
make payment of such storage charges. In the event that You fail to make
payment of any storage charges within the time stipulated in this regard,
Digigold shall be entitled to sell such portion of Your Customer stored with the
Vault Keeper that is necessary or required to recover the unpaid storage
charges in question.
-
While reasonable efforts will be made to offer You a competitive price for the
Customer Gold, there is no guarantee that the price offered to You will be
close to or comparable with other prices available in the market.
-
Exchange for jewellery
-
You may be provided an option to choose one of the standard pieces which
are available against the Customer Gold sought to be exchanged for jewellery
or gift vouchers with a jeweller selected by Digigold, either directly on the
Website or through a Distributor (being authorized by You to do so on Your
behalf) (“Empanelled Jeweller”), details of which shall be intimated by
Digigold to You. If any specified jewellery pieces or gift vouchers are found
acceptable to You, You shall place the request and indicate the relevant
jewellery piece or gift voucher, in a form and manner acceptable to Digigold
(“Exchange Request”). Your Customer Gold Account shall be provisionally
debited corresponding to the quantity of the Customer Gold sought to be
exchanged vide the Exchange Request (“Exchanged Customer Gold”). It is
hereby clarified that any costs request to be paid by You pursuant to the
Exchange Request shall be as per the terms indicated by the Empanelled
Jeweller to You.
-
Within a period of 3 (Three) business days of the Exchange Request being
confirmed or such further period as may be required by Digigold, Digigold
shall intimate the Empanelled Jeweller of such Exchange Request who shall
arrange for delivery of the specified jewellery piece or gift voucher to the
relevant shipping address indicated by You, pursuant to the Exchange
Request. You shall be solely responsible for ensuring that the correct address
is furnished by You on the Website or through the Platform for processing
such Exchange Request. You shall not be entitled to change the shipping
address after the Exchange Request is processed by Digigold.
Notwithstanding the foregoing, You shall have the option to change the
shipping address, before the jewellery piece or gift voucher is actually
shipped by the Empanelled Jeweller. In the event You wish to change the
shipping address, You have to log-in to Your Customer Account on the
Website or otherwise access Your Customer Account through the Platform
and make such request in a form and manner indicated by Digigold and shall
provide supporting documentation/information for the new address, as may
be required by Digigold.
-
You understand and agree that once You have placed an Exchange Request
for exchanging Customer Gold with jewellery piece or gift voucher from an
Empanelled Jeweller, the delivery of such jewellery piece or gift voucher shall
be in accordance with the delivery policies of such Empanelled Jeweller.
Similarly, in the event You are not satisfied with the jewellery piece delivered
to You, any exchange or refund will also be subject to the policies of the
Empanelled Jewellers and Digigold is not responsible or liable for the actions
of the Empanelled Jeweller at any point including delivery, workmanship or
quality. You further agree and acknowledge that, once Your Exchange
Request is processed by Digigold and communicated to the Empanelled
Jeweller, You cannot claim refund or return of Your Customer Gold for which
such Exchange Request was placed with the Empanelled Jeweller
-
Upon the Empanelled Jeweller confirming Your Exchange Request, the
Customer Gold Account shall be finalized by debiting the Exchanged Gold
Account from the Customer Gold Account. Digigold shall not be liable to You
for any refund/replacement, under any circumstance, for any subsequent
complaints with respect to such Exchange Request, deliveries and/or any
failure on Your part to comply with these Terms.
-
Notwithstanding anything to the contrary contained in these Terms, Digigold shall be
entitled to reject a Customer Request which is not in compliance with the Terms
hereof, and shall intimate the reasons for the same.
-
Based on the changes made to the Customer Gold 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 Customer Orders and/or Customer Requests placed by
You, You may write to us at [care@safegold.in]. Digigold shall accordingly take all
necessary actions for taking care of any such identified discrepancies, in a form and
manner to be intimated by Digigold to You.
-
It is hereby clarified that the Customer Gold cannot be pledged or transferred by You
to any other user, and the Customer Gold Account is non-transferrable, unless
specifically allowed by Digigold. If specifically allowed by Digigold the title to such
Customer Gold lying in the vault and the Customer Gold 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 Gold and Customer Gold Account thereafter and the Terms
shall be applicable to Your legal heir(s).
-
Digigold shall facilitate the consummation of the Customer Order(s) and/or Customer
Request(s) using the Website and the Services or through a Distributor using the
Platform. It is however clarified that all such purchase and fulfilment transactions are
final and non-reversible, unless otherwise indicated in these Terms.
-
It is hereby clarified that the Website displays the articles that are available for
shopping. Some items may appear slightly larger or smaller than actual size due to
screen defaults and photography techniques. Digigold shall not be liable for any legal
action on this account. It shall be the endeavour of Digigold to ensure that all details
regarding the product are clearly displayed on the Platform.
-
Due to reasons not directly attributable to Digigold, data may be inaccurately
displayed on the Platform due to system errors or where any part of the Platform is
operated by any Distributor, then either due to system error in such part of the
Platform and/or due to such Distributor making or committing any error in accurately
displaying any data provided by Digigold. Digigold reserves the right to correct any
and all errors when they do occur, at its sole direction, and Digigold shall be entitled
to not honour any requests/orders placed by You based on any inaccurate or
erroneous prices.
-
The prices quoted on the Platform are fixed and not negotiable. The prices on the
Platform are also subject to change without notice to You.
-
FEES
-
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), has been
set out in the Section on the Platform entitled ‘Pricing and Fees’. 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 Gold by
You shall be compulsorily in Indian Rupees.
-
While availing any of the payment method/s available on the Platform for availing the
Services, Digigold 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 (including any Distributor) in making
payment, or
-
Any payment issues arising out of the transaction, or
-
Rejection of transaction for any other reason(s) whatsoever
-
Digigold holds the authority to temporarily/permanently suspend/terminate the
Customer Account or refuse access in case of non-payment of fees due by You to
Digigold. Without limitation to the other rights and remedies available to Digigold, it
also reserves the right to take legal action for the same.
-
NATURE OF SERVICES
You understand and acknowledge that the Services are being provided and made available on
an “AS IS” and “AS AVAILABLE” basis. The Website and/or any other part of the Platform may
contain errors or inaccuracies that could cause failures, corruption or loss of data and/or
information from Your device and from peripherals (including, without limitation, servers and
computers) connected thereto. You assume all risks and costs associated with Your use of the
Services, including without limitation, any costs incurred for the use of Your device and any
damage to any equipment, software or data.
-
AGREEMENT TO RECEIVE COMMUNICATION
You hereby by way of accepting these Terms consent to the receipt of communication and
newsletters from Digigold by way of e-mails and/or SMS notifications. You are required to
intimate Digigold immediately of any changes to Your e-mail or mobile phone numbers. By
accepting these Terms, You further authorize Digigold to get in touch with You for
communication and promotions, despite any Do Not Disturb requests made by You.
-
FEEDBACK
-
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 Digigold does not endorse any Reviews on the Platform and is not
responsible or liable for any Reviews. Digigold reserves the right to disable access to
the Reviews on the Website or require the applicable Distributors to disable access
on any part of the Platform.
-
You hereby grant Digigold 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 Digigold in any form including but not limited to print, broadcast, online
and across any and all websites and platforms owned by Digigold.
-
You further represent and warrant that while posting any Reviews on any part of the
Platform You shall not use any offensive, libellous, 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.
-
CONFIDENTIALITY
As elaborated under the Privacy Policy, Digigold will keep all confidential information
confidential, including Your personal information, and shall not disclose it to anyone except as
required by law, and shall ensure that such confidential information is protected with security
measures and a degree of care that it would apply to its own confidential information. Digigold
acknowledges that its employees, directors, agents and contractors shall use the confidential
information only for the intended purpose for which it is provided. Digigold shall use all
reasonable endeavours to ensure that its employees, directors, agents and contractors
acknowledge and comply with the provisions of these Terms of confidentiality as if such person
was subject to these Terms of confidentiality.
-
LINKS TO THIRD-PARTIES' WEBSITES
The Website or any other part of the Platform may contain links and interactive functionality
interacting with the websites of third parties. Digigold is not responsible for and has no liability
for the functionality, actions, inactions, privacy settings, privacy policies, terms, or content of
any such website. Before enabling any sharing functions to communicate with any such
website or otherwise visiting any such website, Digigold strongly recommends that You review
and understand the terms and conditions, privacy policies, settings, and information-sharing
functions of each such third-party website. Further where You are using either (i) any internet
website(s) operated by Distributors to avail of any Services; and/or (ii) any mobile based
software applications/programs offered by any Distributor to avail of any Services; then Digigold
is not responsible for and has no liability for the functionality, actions, inactions, privacy
settings, privacy policies, terms, or content of any such website and/or mobile based software
applications/programs (as may be applicable) and/or any liability whatsoever in relation to Your
use of such website and/or mobile based software applications/programs (as may be
applicable) save and except to the extent expressly set out in these Terms. Before enabling
any sharing functions to communicate with any such website or otherwise visiting any such any
such website and/or mobile based software applications/programs (as may be applicable),
Digigold strongly recommends that You review and understand the terms and conditions,
privacy policies, settings, and information-sharing functions of such any such website and/or
mobile based software applications/programs (as may be applicable).
-
INDEMNIFICATION
You shall indemnify and hold harmless Digigold, its owner, licensee, affiliates, subsidiaries,
group companies (as applicable) and their respective officers, directors, agents, and
employees, from any claim or demand, or actions including reasonable attorneys' fees, made
by any third party or penalty imposed due to or arising out of Your breach of these Terms,
Privacy Policy and other policies, or Your violation of any law, rules or regulations or the rights
(including infringement of any intellectual property rights) of a third party.
-
TERMINATION
-
Digigold, in its sole discretion, may modify, suspend, or terminate access to, all or any
portion of the Website and/or may require the applicable Distributor to modify,
suspend, or terminate access to, all or any portion of the Platform or Your ability to
access any Services through the Platform at any time for any reason including
termination for breach of any of these Terms or occurrence of a Customer EoD or the
Privacy Policy. The term “Customer EoD” shall mean any default by a Customer of its obligations owed to the Security Trustee, under the Security Trustee Agreements
provided that for the purposes of enforcing the hypothecation created by You in
favour of the Security Trustee, the Security Trustee would be required to first obtain a
suitable order / direction passed in its favour from a competent judicial or statutory
authority having jurisdiction in the matter.
-
You shall be entitled to terminate the Customer Account by contacting Digigold at
[care@safegold.in].
-
These Terms shall further stand terminated:
-
if Digigold is adjudged bankrupt or declared insolvent;
-
if Digigold ceases to carry on its business or has communicated to the
Security Trustee any intention to cease to carry on its business;
-
if Digigold breaches any of the terms and conditions under the Security
Trustee Agreements or Terms and Digigold does not remedy such breach
within 60 (Sixty) days of being called upon to do so by the Security Trustee;
-
upon any corporate action (excluding any third party corporate action), legal
proceedings or other procedures or steps being taken in relation to the
suspension of payments, winding up, dissolution, administration, provisional
supervision or reorganization or restructuring (by way of voluntary
arrangement, scheme of arrangement or otherwise) of Digigold;
-
upon Digigold 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
Digigold, or an application is admitted for initiating any corporate insolvency
resolution process against Digigold 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 Digigold, 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 Digigold, or
any action has been taken or suffered against Digigold towards liquidation
or dissolution or similar reorganization; or
-
upon a liquidator or provisional liquidator being appointed to Digigold or a
receiver, receiver and manager, trustee or similar official being appointed in
respect of Digigold or any of its assets, or an event analogous.
-
Upon the happening of any of the events referred to in Section 14.3, and where there
is any insufficiency of Digigold funds required to pay any costs and expenses to be
incurred in relation to providing delivery of Your Customer Gold to You, then in such
an event You do hereby authorise the Security Trustee to sell any part of the
Customer Gold, that is necessary or required to defray such costs and expenses.
-
Pursuant to the Security Trustee Agreements Digigold has created a charge by way
of hypothecation in favour of the Security Trustee for the benefit of the Customers
over: (a) the monies lying in the Collection Account from time to time; and (b) gold
purchased by Digigold from time to time and lying with the Vault Keeper or in transit
and, which is the property of Digigold; (collectively “Security”). Upon the occurrence
of any of the events detailed in Section 14.1, the Security Trustee under the Security
Trustee Agreements is to: (i) declare all outstanding amounts as due and payable to
the Security Trustee forthwith; and (ii) take charge and/or possession of, seize,
recover, receive and remove the Security and use the same to discharge any liability
of Digigold to the Customers. You however expressly understand and acknowledge
that any enforcement of the Security would always be subject to and undertaken in
accordance with the provisions of Applicable Law and therefore:
-
it is not possible to accurately predict the time required to make any such
distribution; and/or
-
the amount received by You from such distribution may not be sufficient to
completely extinguish Digigold’s liability to You;
and consequently, no liability shall accrue to the Security Trustee in relation to the
above.
-
CONSEQUENCES OF TERMINATION
-
Upon such termination for any reason whatsoever, subject to these Terms read with
the Security Trustee Agreements:
-
Fractional amounts for gold holdings of less than 1 (One) gram may be sold
and cash in pursuance thereto will be sent directly to Your bank account,
after deducting all the requisite charges relating to appointment of
Intermediaries (including but not limited to charges due and payable to
Intermediaries and any other out of pocket expenses, custody charges,
minting and delivery charges) (“Charges”).
-
For larger gold holdings, the Security Trustee shall (to the extent You have
not already paid for all the Charges) be allowed to sell part of Your gold to
pay for all the Charges to all the Intermediaries. The remaining portion of
the gold shall be delivered to You in accordance with these Terms, along
with the details of the deductions made and the quantum of gold that You
are entitled to receive.
-
You acknowledge that the termination of Your access to the Website and Services
may be affected without any prior notice, and Digigold may immediately deactivate or
delete the Customer Account and all related information and/or bar any further access
to the Customer Account, the Website or the Services. Further, You agree that
Digigold shall not be liable for any discontinuation or termination of Services by any
third party
-
None of Your content shall remain accessible on the Website upon termination. 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.
-
DISCLAIMER OF WARRANTIES
THE WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS AND SERVICES
INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE PLATFORM
(COLLECTIVELY, THE "CONTENTS") ARE PROVIDED BY DIGIGOLD ON AN "AS IS," "AS
AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND.
DIGIGOLD MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS
OR IMPLIED, AS TO THE OPERATION OF THE PLATFORM, THE ACCURACY OR
COMPLETENESS OF THE CONTENTS AND THE ACCURACY OF THE INFORMATION.
DIGIGOLD SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER
SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT,
MATERIALS, DOCUMENT OR INFORMATION OR ANY OTHER LOSSES INCURRED BY
YOU FOR USE OF THE WEBSITE. YOU EXPRESSLY AGREE THAT THE USE OF THE
PLATFORM IS AT YOUR SOLE RISK. DIGIGOLD WILL NOT BE LIABLE FOR ANY
DAMAGES OF ANY KIND ARISING FROM THE USE OF THE PLATFORM OR THE
SERVICES OR THE CONTENTS INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT,
CONSEQUENTIAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE
SPECIFIED IN WRITING. TO THE FULL EXTENT PERMITTED BY LAW, DIGIGOLD
DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO
THE PLATFORM (OR ANY PART THEREOF) AND ITS CONTENTS, WHETHER EXPRESS
OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE,
MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE OR USE.
-
LIMITATION OF LIABILITY
You hereby acknowledge that Digigold (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. Digigold 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 (including through any internet website(s)
operated by any Distributor to avail of any Services and/or through any mobile based software
applications/programs offered by any Distributor 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, Your
failure to keep the Customer Account Information secure and confidential. You further agree
that Digigold shall not be held responsible in any manner whatsoever for any and all acts of the
Distributors or other Intermediaries.
-
CONTENT AND INTELLECTUAL PROPERTY RIGHTS
-
Digigold solely and exclusively owns copyrights, trademarks, service marks, logos,
trade names, and other intellectual and proprietary rights associated with the Services
and content on the Website as well as any content provided by Digigold to any
Distributor and displayed on/accessed via (i) any internet website(s) operated by such
Distributor to avail of any Services; and/or (ii) any mobile based software
applications/programs offered by such Distributor to avail of any Services. 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 Digigold 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 Digigold and such others. You thereby agree to protect the
proprietary rights of Digigold 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.
-
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.
-
ASSIGNMENT
It is expressly agreed by the parties that Digigold may assign all or part of its rights or duties
under these Terms without such assignment being considered a change to these Terms and
without notice to You, except to the extent provided by law.
-
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:
Name: Rukhsar Khan
Address: 1902B Peninsula Business Park, G.K. Marg, Lower Parel, Mumbai 400013
E-mail: care@safegold.in
If You wish to make a complaint regarding any violation of the provisions of these Terms, You
may send a written complaint to the Grievance Officer, who shall redress the complaint in
accordance with the provisions of the Information Technology Act, 2000 and Rules made
thereunder.
-
HOW TO CONTACT US
If You have any questions or concerns about these Terms, please contact Digigold at [care@safegold.in].
-
AMENDMENT OF TERMS
Please note that these Terms may be amended from time to time by Digigold as follows. In the
event that any change/ amendment is to be made to the Terms and which is not adverse or
detrimental to the You, then You would be provided 7 days’ prior notice to such changes/
amendments. In the event, any proposed changes or amendments to the Terms are adverse to
or in any way detrimental to the You, then Digigold shall provide You with 14 days’ prior notice
requiring You to opt out of the agreement/understanding on which Digigold would provide the
Services to You as recorded in these Terms. In the event that You do not respond to any such
proposed change/amendment stating that You do not accept such change/amendment and
wish to opt out of the Terms, then You would be deemed to have consented to such proposed
change or amendment to these Terms.