IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS AND THE TERMS AND CONDITIONS OF SAFE GOLD (AS AVAILABLE AT https://www.safegold.com/terms-and-conditions), YOU MAY NOT USE THE PLATFORM AND SHOULD NOT PROCEED TO CREATE ANY ACCOUNTS OR ACQUIRE ANY SUBSCRIPTIONS TO THE PLATFORM. BY USING THE PLATFORM, YOU ARE AGREEING TO BE BOUND BY THESE TERMS AND CONDITIONS, INCLUDING ALL AMENDMENTS MADE HERETO FROM TIME TO TIME.
This is an electronic record in terms of the Information Technology Act, 2022 and the rules made thereunder, and does not require any physical or digital signatures. This is being published in accordance with Rule 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011.
The Platform is an online portal that facilitates the Users to purchase/sale/transfer gold in digital form from a brand named ‘Safe Gold’ (“Gold”) operated and managed by Digital Gold India Private Limited (“Safe Gold”), a company incorporated under the laws of India with corporate identification number U74999MH2017PTC293205, and Safe Gold provides for purchase and sale of Gold, and providing services of safe keeping, vaulting, delivery and fulfilment of gold and related services (“Services”).
YOU EXPRESSLY UNDERSTAND AND AGREE THAT COMPANY IS ONLY A DISTRIBUTOR THAT FACILITATES USERS TO BUY GOLD FROM SAFE GOLD. YOU UNDERSTAND THAT BY REGISTERING TO THE PLATFORM AND/OR ACCESSING SERVICES DIRECTLY OR INDIRECTLY FROM THE PLATFORM, YOU ONLY RECEIVE THE ABILITY TO USE THE PLATFORM FOR PURCHASE OF GOLD FROM SAFE GOLD OR SUCH OTHER PRODUCTS OFFERED BY US FROM TIME TO TIME. WE SHALL NOT INCUR ANY LIABILITY IN RELATION TO ANY DISPUTE RELATING THAT ARISES IN RELATION TO PURCHASE OF GOLD OR SERVICES OFFERED BY SAFE GOLD. YOU EXPRESSLY AGREE THAT WE ARE NOT RESPONSIBLE FOR CUSTODY, QUANTITY AND QUALITY OF PHYSICAL GOLD THAT YOU PURCHASE THROUGH THE PLATFORM AND HENCE WE SHALL NOT BE LIABLE IN CASE OF ANY DISPUTE THAT ARISES IN RELATION TO CUSTODY OF PHYSICAL GOLD WITH THE CUSTODIAN AND TRUSTEESHIP WITH THE TRUSTEE ADMINISTRATOR.
You understand that the Gold is being offered for purchase by Safe Gold, and the User can also sell the Gold through Safe Gold. As per the terms and conditions of Safe Gold (available at https://www.safegold.com/terms-and-conditions), the Gold purchased by You will be accounted in a customer account maintained by Safe Gold and the corresponding quantity of gold in physical form will be storied with Brinks India Private Limited (“Custodian”). In order to safeguard Your interest, Safe Gold has also appointed a trustee (“Trustee Administrator”), and You agree to the appointment of such Trustee Administrator and the Custodian, and also accede to the terms for such arrangement with the Trustee Administrator (being the Trustee Administrator agreement). The Trustee Administrator shall be responsible for monitoring the physical gold held on Your behalf with the Custodian.
By using the Services, you acknowledge that Company is not responsible for the quality of physical gold being offered and sold by Digital Gold India Private Limited and that any disputes in relation to the quality of physical gold shall be raised directly by You to Digital Gold India Private Limited.
By using the Services, you represent and warrant that you are above the 18 years of age and qualified to enter into a legally binding contract, enforceable under Indian law, including the Indian Contract Act, 1872. If you are not eligible to enter into any contract, then please discontinue use of the Platform and leave now. If you are the parent or guardian of a child under 18 years of age, by registering/by creating an account or profile on the Platform, you provide your consent to your child’s registration and you agree to be bound by these Terms and Conditions in respect of their use of our Platform. We will at all times assume (and by using this Platform you warrant that) you have the legal ability to purchase and sale Gold and otherwise use this Platform, and capable of being bound by these Terms and Conditions. Further, by using the Platform, You confirm that you are not registered under any applicable Goods and Services Tax Act, 2017 and that if, in the course of your relationship with our Platform and/or Safe Gold, you become registered under the applicable Goods and Services Tax Act, 2017, you shall inform Safe Gold of your change in status immediately, and no later than 24 hours of such change, and provide any relevant information and documents, as may be requested by Safe Gold. The Company shall not be liable for any actions that may be undertaken by Safe Gold pursuant to change of Your status on registration under the applicable Goods and Services Tax Act, 2017. If necessary, You shall seek independent tax advice, and these Terms and Conditions do not constitute any tax advice to You.
- The Services are available to only those who have subscribed to the Platform by registering and creating account with Us. You can register to the Platform by providing your personal information including name, age, gender and registered mobile number. The registration will be validated by sending one time password (OTP) to registered mobile number.
- We may also ask You for certain financial information, including Your billing address, bank account details, credit card number, expiration date and/or other payment related details or other payment method data, and debit instructions or other standing instructions to process payments for the Platform Services (as defined below). The Company may also ask You to provide certain additional information about Yourself on a case-to-case basis.
- If there is any change in the account information, You shall promptly update Your account information on the Platform. If You provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or if the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Company has the right to suspend or terminate Your Account and refuse any and all current or future use of the Platform (or any portion thereof) at its sole and absolute discretion, in addition to any right that the Company may have against You at law or in equity, for any misrepresentation of information provided by You.
- By providing such personal information, You consent to receive all information, communication and instructions relating to the Platform, the Services offered by the Platform and/or third-party service providers, and for availing special offers and promotional benefits. You shall solely be responsible for the appropriate use of the same. You shall immediately notify the Company of any unauthorized use / breach of your password or account and ensure that You exit from Your account at the end of each session. The Company reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole and absolute discretion. The Company cannot and will not be liable for any loss or damage arising from Your failure to comply with these Terms and Conditions. You may be held liable for losses incurred by the Company or any other user of or visitor to the Platform due to authorized or unauthorized use of Your Account as a result of Your failure in keeping Your Account information secure and confidential.
- PLATFORM SERVICES
- By registering on the Platform, You are allowed to purchase Gold pursuant to the collaboration between the Company and Safe Gold. The Company hereby grants You, a limited, non-exclusive, non-transferable, royalty free license to use the Platform for the purposes of availing the Services. The services offered on the Platform shall include, but is not limited to the following: (a) facilitating buying and selling of Gold; and (b) maintaining a record of Your personal information and financial transactions in a secure and confidential manner;. Upon no User transaction being detected, Our system intelligently updates the User ledger to meet the User’s savings goal of up to Rs. 10 per day (“Platform Services”).
- However, before placing the order and availing the Services, the User may be required to provide certain KYC documentation and other information as may be required by Safe Gold 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, including the following events, to prevent fraudulent activities:
- You withdraw your purchase of Gold;
- You wish to convert Your winnings on the Platform to purchase Gold; and/or
- You wish to get Your Customer Gold delivered to Your doorstep.
The KYC verification shall be undertaken based on the PAN Card issued to You. You shall upload a clear picture of your PAN Card except in cases where e-PAN is provided by You. We shall verify Your details from the database of the issuing authority, including through Digilocker. If You do not have a PAN Card, you may submit Form 60 to Us.
- It is hereby clarified that any Services offered (purchase, sale or transfer of Gold on Safe Gold’s platform) are governed under specific terms and conditions of Safe Gold, operated and managed by Gold India Private Limited which can be accessed at https://www.safegold.com/terms-and-conditions.
- It is also clarified that the Company is merely providing a platform to its Users to facilitate the transaction of sale and investment of Gold and will not be liable in any manner with respect to the products and/or services offered to You by Safe Gold. You hereby agree and acknowledge that the data and information provided on the Platform does not constitute advice of any nature whatsoever and shall not be relied upon by You while making investment decisions and You shall be solely responsible for any investment decisions and for the purchase of any Gold on the Platform. In no event shall the Company be liable to You for any loss or damage that may cause or arise from or in relation to these Terms and Conditions and/or due to use of this Platform or due to investments made using this Platform. As part of the Platform Services provided to You, on availing such services, You agree to provide honest feedback/review about the concerned Platform Service, if required or requested by the Company from time to time.
- Use of the Platform and availing the Services: 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 agree to use the Platform only: (a) for purposes that are permitted by the Terms and Conditions; and (b) in accordance with any applicable law, regulation or generally accepted practices or guidelines.
- You agree that You shall not copy, reproduce, sell, redistribute, publish, enter into a database, display, perform, modify, alter, transmit, license, create derivatives from, transfer or in any way exploit any part of any information, content, materials, services available from or through the Platform, except that You may download the Platform for Your own personal, internal and non-commercial use. You agree that You will not use the Platform in any manner or engage in any activity that may damage, disable or impair or adversely affect the use of the Platform or interfere with any other users’ use, legal rights, or enjoyment of the Platform. Further, You agree not to remove any text, copyright or other proprietary notices contained in the content downloaded from the Platform.
- Further, while using the Platform, You undertake not to:
- defame, abuse, harass, threaten or otherwise violate the legal rights of others;
- publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;
- copy, republish, post, display, translate, transmit, reproduce or distribute any content on the Platform through any medium without obtaining the necessary authorization from the Company in writing;
- conduct or forward surveys, contests, pyramid schemes or chain letters;
- upload or distribute files that contain software or other material protected by applicable intellectual property laws unless You own or control the rights thereto or have received all necessary consents;
- upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Platform or another’s computer;
- engage in any activity that interferes with or disrupts access to the Platform (or the servers and networks which are connected to the Platform);
- attempt to gain unauthorized access to any portion or feature of the Platform, any other systems or networks connected to the Platform, to any of the Company’s server, or through the Platform, by hacking, password mining or any other illegitimate means;
- probe, scan or test the vulnerability of the Platform or any network connected to the Platform, nor breach the security or authentication measures on the Platform or any network connected to the Platform.
- reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Platform, to its source, or exploit the Platform or information made available or offered by or through the Platform, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided on the Platform;
- disrupt or interfere with the security of, or otherwise cause harm to, the Platform, systems resources, accounts, passwords, servers or networks connected to or accessible through the Platform or any affiliated or linked sites;
- collect or store data about other users in connection with the prohibited conduct and activities;
- use any device or software to interfere or attempt to interfere with the proper working of the Platform or any transaction being conducted on the Platform, or with any other person’s use of the Platform;
- use the Platform or any material or content for any purpose that is unlawful or prohibited by these Terms and Conditions, or to solicit the performance of any illegal activity or other activity which infringes the rights of the Company or other third parties;
- falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
- violate any applicable laws or regulations for the time being in force within or outside India or anyone’s right to privacy or personality;
- violate the Terms and Conditions contained herein or terms and conditions provided elsewhere; and
- reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Platform.
- PLACING OF ORDER
- You can purchase Gold on the Platform on a pre-payment basis i.e., once you place the order and confirms the transaction for purchase of Gold, and agree to the Terms and Conditions (“Customer Order”), the Platform will notify Safe Gold.
- Once the payments are received by Safe Gold and the KYC information is found acceptable, Safe Gold 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. Notwithstanding anything to the contrary contained in these Terms and Conditions, Company and/or Safe Gold shall be entitled to accept or reject the User, for any reason whatsoever, at its sole and exclusive discretion.
- Once the Customer Order is placed, You are not entitled to cancel such a Customer Order, provided however that such Customer Order shall stand cancelled if the payment fails for any reason whatsoever. The Platform and/or Safe Gold reserves the right to cancel the Customer Order, at its sole discretion, if Your information, provided prior to placing the Customer Order, is not found acceptable and the Platform and/or Safe Gold are of the opinion that You are not eligible to purchase Gold from Safe Gold.
In case of rejection of any of Your Customer Order, where payments have been received by the /Safe Gold, such payments shall be returned to You in accordance with these Terms and Conditions or the terms and conditions of Safe Gold, as applicable.
- The quantity of Gold purchased by You shall be stored with the Custodian in a vault on Your behalf. You hereby authorize Safe Gold to store such physical gold products purchased by You pursuant to the Customer Order, including, but not limited to, bullion, coins or jewellery (as the case may be) in the secured vault maintained by the Custodian on Your behalf (“Customer Gold”). It is hereby clarified that Your purchase of the physical gold corresponding to the Your Customer Order shall be deemed to be completed and title in relation thereto shall be deemed to have been passed to You upon such relevant portion of the Customer Gold being stored in the vault with the Custodian on Your behalf in accordance with the terms and conditions of Safe Gold, subject to applicable laws.
- You will be provided with free storage for your Customer Gold for 5 years, or for such period as more particularly stipulated by Safe Gold 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, Safe Gold shall be entitled to levy storage charges for such Customer Gold 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 gold 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. In the event, Safe Gold is not able to deduct the storage charges because Your gold balance is too low, then Safe Gold shall be entitled to sell such portion of Your Customer Gold stored with the Custodian that is necessary or required to recover the unpaid storage charges in question.
- To ensure that the Customer Gold stored in such vault is adequately protected, necessary insurance policy/ies has been obtained by the Custodian, with the cost of the insurance and the insurance premia is borne by the Custodian. Pursuant to such insurance policy/ies, for any loss or damage to the Customer Gold stored in the vault, You authorize the Trustee Administrator to act as Your beneficiary under the insurance policy/ies and to take all steps necessary to protect Your interests.
- While the Custodian 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 insurance policy/ies obtained by the Custodian 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.
- In the event of any expenses or charges remaining payable to the Custodian, the Trustee Administrator or such other person appointed by Safe Gold as an intermediary, or otherwise till actual delivery or fulfilment of any of Your Customer Orders for any reason, including where Safe Gold is unable to service such requests due to any event of default, thereby adversely effecting or jeopardizing the fulfilment of Your Customer Orders, then the Trustee Administrator will be entitled to sell part of the Customer Gold and satisfy such outstanding expenses or charges as required in accordance with these Terms and Conditions read with the Trustee Administrator agreement. The sums due to You and/or gold to be delivered (as the case may be), after settling the aforementioned charges, would be dealt with in accordance with these Terms and Conditions read with the Trustee Administrator agreement.
- PRICING AND PAYMENT POLICY
- Except where noted otherwise, the price displayed on the Platform, represents the market linked price of Gold as indicated by Safe Gold. Market linked prices means that these quotes are linked to the prices of gold in the commercial bullion market in India. However, it does not indicate that the gold prices displayed on the Platform will always be same as that of the prevalent prices displayed in other commercial bullion market. As a purchaser, it is your responsibility to compare the prices and take appropriate decisions after adequate diligence
- Notwithstanding the foregoing, you understand that these prices may vary multiple times within a day, and accordingly Your payment obligations for any Customer Order will depend on the prices displayed at the relevant time.
- Payment policy: Payment will be accepted through the payment options made available on the Platform, which may include redirection to a payment gateways and aggregators hosted by third-party website or applications including UPI payments like Phone Pe - https://www.phonepe.com/, Paytm - https://paytm.com/. At the time of purchase, fulfilment sale and/or transfer of Gold, the relevant taxes will be chargeable as applicable as per the Government regulations.
- However, please note that the payment terms, delivery, warranty and cancellation and refund policy are subject to the terms and conditions of Safe Gold which can be accessed at https://www.safegold.com/terms-and-conditions.
- The transactions on the Platform with will be completed only after successful transfer of money to Safe Gold’s bank account, either from Your registered bank account or from the escrow account maintained by the Company. Please note that the corresponding gold quantity will be credited to Your Account maintained with Safe Gold, within 5 (five) business days from the date of successful transfer of such amount. Please look at Safe Gold Terms and conditions accessed at https://www.safegold.com/terms-and-conditions and understand fully the terms of custodian and trusteeship arrangement before making the investment.
- Unclaimed rewards will get expired after 90 days from date of credit.
- DELIVERY OF GOLD
- 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 Company and Safe Gold on the Platform from time to time.
- You are required to take delivery of Your Customer Gold within such maximum period as shall be specified for this purpose by Safe Gold from time to time on the Platform (“Maximum Storage Period”).
- In the event that no valid address has been provided by You during the Maximum Storage Period, then Platform and/ Safe Gold 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 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 Platform and/or Safe Gold 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 physical gold in question for any reason whosoever (including where You shall not have provided any address to take delivery of such physical gold); or 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, Safe Gold shall be entitled to purchase such Customer Gold with the purchase price being the applicable prevailing price displayed on the Platform for purchase of Gold from Customers.
- The purchase proceeds realized from such sale of Gold on Safe Gold’s platform (“Final Sale Proceeds”) after deducting any amounts payable to Safe Gold as storage charges 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 the Platform, Safe Gold and/or the Trustee Administrator that You are claiming the applicable Final Sale Proceeds, the Trustee Administrator 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.
- RETURN AND CANCELLATION POLICY
- On use of any coupon or discounts, as made available by us on the Platform or any other website or platform of any authorised third party, for purchase of Gold, the same shall be verified and adjusted, as may be necessary, within 7 (seven) days of use of such coupon or discount.
- Upon confirmation of the payment, You shall be permitted to withdraw the monies after 24 (twenty-four) hours of investment, and there is no minimum lock-in period.
- Once the payment has been confirmed, the same shall be binding on You and cannot be cancelled.
- You can opt out of auto investing on the Platform by undertaking the following actions:
- Tap on 'Locker' in the bottom right corner on the mobile application.
- Go to 'Settings' by tapping on the icon on the top right corner on the mobile application.
- Scroll down and find ‘AutoPay’ under transactions and withdrawals on the mobile application.
- Disable AutoPay by tapping on the toggle on the mobile application.
- You can also pause their roundup detection and savings for a defined period of time. You can find the option of pausing Your saving for 10 (ten) days to 1 (one) month in the settings of the mobile application.
- REFUND POLICY
Please note, once an order for purchase or sale has been confirmed by the customer, refunds or cancellation is not possible. All orders are final upon customer confirmation
Deliveries are made only to the registered address of the customer. Please keep proof of identity ready at the time of delivery as it may be required for verification by the courier partner. If no one is available at the registered address to take delivery, delivery will be attempted at least once more after which the package will be returned to the vault and the customer's balance will be credited back with the corresponding grams of gold. Shipping charges will be payable again as and when the customer asks for delivery.
Customers are required to verify that the package they are accepting has not been tampered with and is of acceptable quality. Once delivery has been taken by the customer, returns and refunds are not possible. All of our products are 100% certified and there should never be any problems with quality. In the unlikely event of any issues, feel free to contact us, we will investigate the matter to resolve any concerns or issues.
You can email us at [email protected]. We assure you that your request will be addressed on priority.
9. YOUR OBLIGATIONS AND RESPONSIBILITIES
- While accessing our Platform, You shall comply with these Terms and Conditions and the special warnings or instructions for access or use posted on the Platform from time to time.
- You shall not make any change or alteration to the Platform or any Content or Services that may appear on this Platform or on Safe Gold and shall not impair in any way the integrity or operation of the Platform.
- You shall always act in accordance with extant laws, customs and in good faith.
- You further represent and warrant that:
- Payment for purchase of Services is made from Your bank account (primary holder’s bank account in case of Investment Account held jointly), and the same is from legitimate sources and remitted through approved banking channels;
- Before making the investment purchase, You shall seek independent financial planning, legal, accounting, tax or other professional advice, if required;
- You have read the offer documents of Safe Gold (including its terms and conditions accessed at https://www.safegold.com/terms-and-conditions) and its schemes and have made an informed independent investment decision before investing; and
- You will not sell, trade, or otherwise transfer Your registered account to another party or impersonating any other person for the purposing of creating an account with the Platform.
- You agree and acknowledge and confirm that You solely, and to the exclusion of the Company, are liable for all liabilities that may arise on acts of omission or commission attributable to You, including but not limited to acts such as making inputs pertaining to UPI details, phone number or email addresses, bank account details, addresses, etc.
- Without limiting the generality of any other provision of these Terms and Conditions, if you commit any default in any of the obligations set forth in these Terms and Conditions, you shall be liable for all the losses and damages that this may cause to the Platform, Company, our partners or licensors.
10. INTELLECTUAL PROPERTY RIGHTS
- The Platform and all information, content, materials, products including, but not limited to text, content, photographs, graphics, texts, video and audio content and computer code (“Content”) on the Platform is owned and controlled by the Company and the design, structure, selection and feel and arrangement of the Content is protected by copyright, patent and trademark laws and other applicable intellectual property rights either in the favour of the Company or third parties from whom the appropriate permissions have been taken under applicable laws by the Company.
- The trademarks, logos and service marks displayed on the Platform (“Marks”) are the property of the Company and its affiliates or other respective third parties, as the case may be. You are not permitted to use the Marks without the express prior written consent of the Company or the third party that owns the Marks, as the case may be. Further, You understand and accept that all information, except Your personal information and other data submitted by You for the purposes of transacting on the Platform, through the Platform shall be deemed the property of the Company, and the Company shall be free to use any ideas, concepts, know-how or techniques provided by You on the Platform, in any manner whatsoever. On initiating a contact or query through the Platform, You agree to be contacted by the Company or any other entities with whom the Company has entered into an arrangement for the provisions of Services to You.
11. LIMITATION OF LIABILITY
- The Content on this Platform is for your general information and use only and does not amount to any investment advice.
- You expressly understand and agree that, to the maximum extent permitted by applicable law, the Platform and Content are provided by the Company on an “as is” basis without any warranty of any kind, express, implied, statutory or otherwise, including the implied warranties of title, non-infringement, merchantability or fitness for a particular purpose. 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 Platform and accessing the Platform Services and Services, including without limitation, any costs incurred for the use of Your device and any damage to any equipment, software or data.
- Further, without limiting the foregoing, the Company makes no warranty that (i) the Platform or Platform Services will meet Your requirements, or Your use of the Platform will be uninterrupted, timely, secure or error-free; (ii) the results obtained from the use of the Platform will be effective, accurate or reliable; (iii) any errors or defects in the Platform will be corrected by the Company. No advice or information, whether oral or written, obtained by You from the Company shall create any warranty not expressly stated in these Terms and Conditions.
- The Company will have no liability related to any user Content arising under intellectual property rights, libel, privacy, publicity, obscenity or other applicable laws. The Company will not incur any liability with respect to the misuse, loss, modification or unavailability of any user Content.
- The Company shall not be responsible for the delay or inability to use the Platform or related functionalities, the provision of or failure to provide functionalities, or for any information, software, functionalities and related graphics obtained through the Platform, or otherwise arising out of the use of the Platform, whether based on contract, tort, negligence, strict liability or otherwise.
- Further, the Company shall not be held responsible for non-availability of the Platform during periodic maintenance operations or any unplanned suspension of access to the Platform that may occur due to technical reasons or for any reason beyond the Company’s control. You understand and agree that any material or data downloaded or otherwise obtained through the Platform is done entirely at Your own discretion and risk, and that You will be solely responsible for any damage to Your computer systems or loss of data that results from the download of such material or data.
- You acknowledge that the software and hardware underlying the Platform as well as other software which are required for accessing the Platform are the legal property of the respective vendors. The permission given by the Company to access the Platform will not convey any proprietary or ownership rights in the above software/hardware to You.
- You agree and acknowledge that you are not registered under the Goods and Services Tax Act, 2017.
You agree to indemnify the Company, its affiliates, their respective directors, officers and employees from any losses, damages, penalties, claims, costs and demands (including reasonable attorney fees and legal costs) arising out of breach or non-performance and/or non-observance of the duties and obligations, representations, warranties and covenants under the Terms and Conditions or due to Your acts or omissions. You further agree to hold the Company its affiliates, their respective directors, officers and employees harmless against any claims made by any third party due to, or arising out of, or in connection with, Your use of the Platform, any misrepresentation with respect to the data or information provided by You, Your violation of the Terms and Conditions, or Your violation of any rights of another, including any intellectual property rights. In no event shall the Company, its affiliates, their respective directors, officers, partners, consultants, agents and employees, be liable to You or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, arising out of or in connection with Your use of or access to the Platform or Content on the Platform.
The Company and Safe Gold do not guarantee any returns on any transaction consummated with respect to the Services to You, either directly or indirectly. You shall be solely responsible for undertaking appropriate and effective due diligence and related analysis before undertaking any transactions pursuant to these Terms and Conditions. You further acknowledge and agree that the Company, Safe Gold and their respective officers, directors, employees, agents and affiliates will have no liability for Your purchase or other decisions using the Platform.
13. LIMITATION IN PLATFORM SERVICES
Please note that Platform Services are not available in all geographical areas and depending on Your location, You may not be eligible to avail certain Platform Services offered by the Company. The Company reserve the absolute right to determine the availability and eligibility for any of the Platform Service offered on the Platform.
14. THIRD PARTY LINKS
15. FORCE MAJEURE
The Company shall not be liable for failure or error of any transaction on the Platform or for any failure on part of the Company to perform any of its obligations under these Terms and Conditions if performance is prevented, hindered or delayed by a Force Majeure event (as defined below) and in such case its obligations under these Terms and Conditions shall be suspended for so long as the Force Majeure event continues. The term “Force Majeure Event” means any event which occurred and is beyond the control of the Company, including without limitations, unavailability of any communication systems, breach, or virus in the processes or payment or delivery mechanism, sabotage, fire, flood, explosion, acts of god, civil commotion, pandemic, strikes or industrial action of any kind, riots, insurrection, war, acts of government, computer hacking, unauthorised access to computer data and storage devices, computer crashes, malfunctioning in the computer terminal or the systems getting affected by any malicious, destructive or corrupting code or program, mechanical or technical errors/failures or power shut down, faults or failures in telecommunication etc.
The Company and Safe Gold shall be discharged from such performance to the extent of and during the period of such Force Majeure Event, and such non-performance of its obligations shall, in no event whatsoever, amount of a breach of its obligations.
16. SUSPENSION AND TERMINATION
The Terms and Conditions will continue to apply until terminated by either You or the Company for reasons set forth below. If You object to the Terms and Conditions or are dissatisfied with the Platform, Your only recourse is to (i) close Your registered account on the Platform; and/or (ii) stop accessing the Platform. In case you violate these Terms and Conditions and/ or any applicable law, the Company may, at any time and in its sole discretion, terminate Your Account and/or prevent You from accessing the Platform and the Platform Services. The Company may delist You or block Your future access to the Platform or suspend or terminate your registered account if it believes, in its sole and absolute discretion that You have infringed, breached, violated, abused, or unethically manipulated or exploited any term of these Terms and Conditions.
Notwithstanding anything in this clause, these Terms and Conditions will survive indefinitely unless and until the Company chooses to terminate or modify them. If You or the Company terminate Your use of the Platform, the Company may delete any Content or other materials relating to Your and the Company shall have no liability to You or any third party for doing so. However, Your transactions details may be preserved by the Company for purposes of tax or regulatory compliance. The Company may modify or amend these Terms and Conditions at any time.
17. GOVERNING LAWS
You hereby expressly agree to receive communication (including transactional messages) or by way of SMS and/or e-mail or through WhatsApp from the Company or any third party in connection with the Platform Services or Your registration on the Platform. You can unsubscribe/ opt-out from receiving communications through e-mail anytime by writing to [email protected]
We are committed to resolving all disputes in a fair, effective and cost-efficient manner. We seek to resolve any User concerns through our Grievance cell.
All Grievances related to the use of Platform shall be addressed to Mr. Pankaj Parihar (Grievance Officer). Please write us on [email protected]. The Grievance Officer will get back to the User within 48 hours of the receipt of any complaint from You.
Every grievance will be provided with a complaint or ticket number which can used to track the status of the grievance. Redressal or closure of a grievance might take approximately one month from the date of receipt of complaint.
However, if you are dissatisfied with our grievance redressal mechanism, the dispute will be resolved through mediation in accordance with Consumer Protection Act, 2019 and as provided in Clause 17 hereinabove.
21. GENERAL PROVISIONS
- Notice: All notices from the Company will be served by email to Your registered email address or by general notification on the Platform. Any notice provided to the Company pursuant to the Terms and Conditions should be sent to [email protected].
- Assignment: You cannot assign or otherwise transfer the Terms and Conditions, or any rights granted hereunder to any third party. The Company’s rights under the Terms and Conditions are freely transferable by the Company to any third party without Your consent.
- Severability: If, for any reason, a court of competent jurisdiction finds any provision of the Terms and Conditions, or any portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the Terms and Condition shall continue in full force and effect.
- Waiver: Any failure by the Company to enforce or exercise any provision of the Terms and Conditions, or any related right, shall not constitute a waiver by the Company of that provision or right.
Changejar Technologies Private Limited.
Registered Office address: No. 752, 18th main, 6th block, 5th cross Koramangala Bangalore-560095
Tel: +91-6366693874, Email: [email protected]