TERMS & CONDITIONS FOR USE
For the purpose of these terms & conditions for use (“Terms and Conditions for Use”/ “Terms”), wherever the context so requires, “You”, “Your” and “Customer (s)” shall mean any natural or legal person who has agreed to become a service recipient on the Platform by visiting or accessing the Platform(s) of Flat White Capital Private Limited, a company incorporated under the Companies Act, 2013 having its office at A-74 Panchvati Apartment Vikas Puri New Delhi 110018, and its affiliates (“Indiagold”/ “We”/ “Us”/ “Our”).
By using and/or accessing the Platforms, You accept these Terms and enter into a binding contract with Indiagold. If You do not want to be bound by these Terms, You must not access and/or use the Platform in any manner whatsoever.
Indiagold reserves the right to alter, change, modify, add or remove portions in whole or in part of these Terms at any time. Such changes shall be effective when posted on the Platform. Notwithstanding anything to the contrary, Customer shall be responsible for regularly reviewing the Terms, including amendments thereto as may be posted on the Platform and shall be deemed to have accepted the amended Terms by continuing the use of Platform.
By downloading Our mobile application from Google Play Store or Apple App Store, the Customer will also be subject to Google Play Terms of Service or Apple App Store Terms of Service, respectively. If there is any conflict between Google Play Store Terms of Service or Apple App Store Terms of Service and these Terms & Conditions for Use with respect to a Customer’s use of the android and/or iOS mobile platform application, then, these Terms & Conditions for Use shall prevail.
In these Terms, references to:
- “Augmont Bullion” shall have meaning ascribed under clause 2 of this Terms and Conditions for Use.
- “Customer Account” shall mean the account created by You on the Platform in accordance with these Terms.
- “Customer Account Information” shall mean the information provided by You for the purpose of creation of the Customer Account.
- “Customer Order” shall mean an order request placed by the Customer on the Platform to avail the Services.
- “Customer Redeemable Products” shall mean Tangible Gold/Silver products purchased from the Platforms in exchange of redeeming Digital Gold/Silver balance accumulated in the GAP Account of a Customer.
- “Digital Gold/Silver” shall mean purchase and/or storage of gold/silver in digital/intangible form in the GAP Account.
- “EasyGold Purchase Plan” shall mean the plan whereby the Customer shall be able to purchase the Tangible Gold/Silver on the Platform by paying 20% down payment upfront and the remaining amount in 3 (three) or 6 (six) or 9 (nine) monthly installments, as the case may be
- “Force Majeure Event” means an act of god, war, civil disturbance, strike, lockout, act of terrorism, epidemic, pandemic, flood, fire, computer crashes, virus attacks, explosion or legislation or restriction by any government or other authority, or any change in Applicable Law or any other similar circumstance beyond the control of Indiagold and/or Augmont Bullion, which has the effect of wholly or partially suspending the obligations hereunder
- “GAP Account” shall mean Gold Accumulation Plan Account of the Customer on the Platform which shall comprise of information pertaining to Digital Gold/Silver accumulated.
- “Person” shall mean an individual, a corporation, a partnership, a joint venture, a trust, an unincorporated organization and any other legal entity.
- “Platform” means the website(s), apps, tools, platforms and/or other devices of Indiagold and its affiliated companies through which the Service (defined hereinafter) is (made) available.
- “Product” shall mean (i) Digital Gold /Silver; (ii) Tangible Gold/Silver; and (iii) Customer Redeemable Product(s).
- “Services” shall include but not be limited to facilitating purchase, sale and transfer of Digital Gold/Silver, purchase and cancellation of Tangible Gold/Silver, open sale & residual sale back to Augmont Bullion, delivery services, customer care services and ancillary services thereto provided to the Customers through Platform(s),
- “SPP” shall mean the spot purchase plan whereby the Customer shall be able to purchase the Tangible Gold/Silver on the Platform by immediately paying the purchase price;
- “Tangible Gold/Silver” shall mean gold/silver jewelry, coins, bullions of different denominations etc.
- “Transfer” refers to a facility to transfer Digital Gold/Silver from one GAP Account to another.
- GOLD/SILVER MANUFACTURER, REFINER & SUPPLIER
- Augmont Gold Private Limited, a company incorporated under the Companies Act 2013, having is registered office at 3rd Floor, Bullion House, 115 Tambakata Lane, Opp. Dagina Bazaar, Pydhonie, Mumbai – 400003 (“Augmont Bullion”) is a Bureau of Indian Standards (BIS) certified refinery and registered with National Accreditation Board for Testing & Calibration Laboratories (NABL India) which will be providing the Services through Indiagold’s Platform governed under these Terms & Conditions for Use.
- The Products are being offered/listed on the Platform for purchase and/or sale under the brand name of “Augmont Bullion”. Indiagold is only facilitating the Services on its Platform. Indiagold assumes no liability for the Services except for providing payment services and customer support in addressing the queries related to the Services. Any and all the transactions relating to the Services are being rendered by Augmont Bullion in association with the intermediaries (namely the Security Trustee and Vault Manager) (defined hereinafter) with whom separate agreements have been entered into by Augmont Bullion.
- SAFETY OF DIGITAL GOLD/SILVER IN VAULT
- Digital Gold/Silver purchased by You or digitally transferred to Your GAP Account above the quantity of zero.one (0.1) gm, subsequent to the Customer Order shall be stored in physical form safely in a vault on Your behalf. Customer accepts the fact that Augmont Bullion will be acting as a custodian of the Digital Gold/Silver and will safely manage the physical form of such Digital Gold/Silver stored in the said vault (“Vault Manager”).
- You hereby authorize (i) appointment of such Vault Manager to keep Your purchased Digital Gold/Silver safe; and (ii) Augmont Bullion to store such Digital Gold/Silver purchased by You in the secured vault on Your behalf. It is hereby clarified that Your purchase of Digital Gold/Silver subsequent to the Customer Order shall be deemed to be completed and title in relation thereto shall be deemed to have been passed upon a final invoice being issued by Augmont Bullion in accordance with these Terms, subject to applicable laws.
- To ensure that the Digital Gold/Silver stored in such vault is adequately protected, necessary insurance policy/ies has been obtained by the Vault Manager, where the cost of such insurance to keep the Digital Gold/Silver safe will be borne by the Vault Manager. Pursuant to such insurance policy/ies, for any loss or damage to the Customer Digital Gold/Silver stored in the vault, You authorize the Security Trustee to act as Your beneficiary under the insurance policy/ies and to take all necessary steps to act and protect in Your interests.
- Legal Capacity and Age of Consent: Our Services are restricted to Customers who are 18 years of age or older. We do not permit Customers under the age of 18 on Our Platform and We do not knowingly collect personal information from anyone under the age of 18. Accessibility is limited only to those who are not prohibited from entering into a contract of service of this kind by laws applicable in their competent jurisdiction. With this understanding, You specifically agree that by using the Platforms, You are at least 18 years of age and You are competent under law to enter into a legally binding and enforceable contract.
5. REGISTRATION AND SUSPENSION OF CUSTOMER ACCOUNT AND CUSTOMER OBLIGATIONS
- To enable Your access and use of the Services, You are obligated to register on the Platform by providing certain information which shall be verified with a one-time password sent to Your mobile number and/or e-mail address. Upon successful registration on the Platforms, the Customer(s) will be entitled to a virtual space i.e. Customer Account which shall be utilized solely to avail the Services, and is not to be utilized for any other non-permitted purposes. You shall be responsible for the correctness of information provided to Indiagold from time to time. In the event there is an error in the information furnished by You or change in the existing information, You shall immediately provide correct/updated information.
- Augmont Bullion and/or Indiagold shall be entitled to collect and store relevant information and documents as provided by the Customer on the Platform for KYC purposes. As and when required by Indiagold and/or Augmont Bullion, the Customer will be required to provide additional documents for fulfilling the KYC requirements. You authorize Indiagold and/or Augmont Bullion to make such enquiries as may be necessary to satisfy about the validity of your identity.
- Indiagold and/or Augmont Bullion may, at its sole discretion, suspend or terminate or block access of Customer Account and cease Your access to the Platform, with or without notice, in the following scenarios:
- if there appears to be a fraudulent or suspicious activity in his/her account or You are involved in any unlawful activity or the Customer Account is used for any unlawful purpose, and may intimate the relevant authorities of such unlawful activities; and
- We have reasonable grounds to suspect that such KYC documents and/or Customer Account Information is untrue, inaccurate, not current or incomplete, or not in accordance with these Terms and Conditions of Use. You hereby undertake to indemnify and keep indemnified Indiagold against any and all losses, claims, liabilities costs etc. which arise out of or relating to Your failure to identify Yourself and validate Your account promptly and / or due to incorrect KYC documents / information
- You fully acknowledge and understand that You shall be solely liable and responsible for maintaining the confidentiality of Your Customer Account and passwords, including the device on which such account is created, all the activities undertaken under Your Customer Account and any consequences therefrom. You agree to immediately notify Indiagold of any unauthorised use of the Customer Account Information or any other breach of security. Indiagold and/or Augmont Bullion cannot and will not be liable for any loss (direct or indirect), damage, mental agony or inconvenience arising from Your failure to comply with this section.
6. PROHIBITED ACTIVITIES
You/ Customer agree not to host, display, upload, modify, publish, transmit, update or share any information or User Submissions which
- belongs to another person and to which the Customer does not have any right to;
- is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, invasive of another´s privacy, including bodily privacy, insulting or harassing on the basis of gender, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force;
- is harmful to children in any way;
- infringes any patent, trademark, copyright or other proprietary rights;
- violates any law for the time being in force;
- deceives or misleads the addressee about the origin of such messages or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact;
- impersonates another person;
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
- threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation;
- is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person;
- contains misleading information regarding the origin of the content; or
PURCHASE AND SALE OF DIGITAL AND/OR TANGIBLE GOLD/SILVER
You can buy 24 karat (999.9 purity) Digital Gold/Silver for as low as INR. 1.00/- (Indian Rupee One Only) or by weight for as little as 0.0001 grams at the live purchase price of Digital Gold/Silver displayed on the Platform.
You can also buy Tangible Gold/Silver for a price displayed on the Platform either under EasyGold Purchase Plan and/or SPP. It is clarified that the Tangible Gold/Silver purchased under the EasyGold Purchase Plan, shall be handed/delivered over to You only after the payment of last installment and not otherwise. Whereas Tangible Gold/Silver purchased under SPP shall be delivered to You within the scheduled delivery timeliness upon upfront of the desired Tangible Gold/Silver product.
The price of the Tangible Gold/Silver includes the price of gold/silver, making charges of the jewelry, packaging charges, delivery charges & all applicable taxes.
It is clarified that You are not entitled to pay the installment amount from the remaining Digital Gold/Silver balance maintained by You in Your respective GAP Account. The Digital Gold/Silver balance in the GAP Account can only be used under the SPP or while making the down payment under the EasyGold Purchase Plan.
You further acknowledge that, the installment(s) pertaining to the Tangible Gold/Silver Products under the EasyGold Purchase Plan shall be paid within a period of 30 days from the EasyGold commencement date.
You can also avail redemption services, involve Yourself in activities pertaining to open sale back (full or partial), residual sale back Service(s) as per these Terms.
The Customer can buy Customer Redeemable Products only in the event the Customer’s GAP Account has Digital Gold/Silver 0.1 (zero.one) gm or above. You can buy Customer Redeemable Products from the list of products available for sale on the Platform. The list of redeemable products may be altered, changed and amended by Augmont Bullion from time to time at its sole discretion. The Customer will pay additional manufacturing and delivery charges and applicable taxes for the Customer Redeemable Products. The Customer Redeemable Product shall be subject to availability of stock with the Augmont Bullion. Accordingly, the quantity of Digital Gold/Silver accumulated and reflected in grams will be debited/adjusted accordingly from Your GAP Account.
In the event the Digital Gold/Silver in the GAP Account is less than 0.1 (zero.one) gm, then it shall amount to residual sale back Service. The residual gold/silver remaining, upon redemption / Transfer, can be sold back by You to Us at the live sell-back price of gold of 999.9 purity and the corresponding amount against the residual gold/silver sold by You will be credited to Your bank account, within 72 hours of the transaction subject to verification of the same.
For each confirmed purchase of Digital Gold/Silver by the Customer, Augmont Bullion will be the custodian of the metal, till (a) open sale back by the Customer and/or (b) redemption by the Customer.
Digital Gold/Silver purchased by the Customer cannot be redeemed or sold back on the same day.
The Customer can sell-back full or part of its Digital Gold/Silver to Augmont Bullion at prevailing live sell-back price of gold of 999.9 purity. The money against the gold/silver sold by a Customer would be credited to the Customer’s bank account within 72 hours of the transaction subject to verification of the same. Accordingly, the quantity of Digital Gold/Silver accumulated in grams will be debited/adjusted accordingly from Your GAP Account.
The Customer understands and acknowledges that any purchase of Products will be based on instructions provided by the Customer, and the Customer will not violate any applicable laws or regulations for the time being in force in or outside India. Indiagold will not be liable in any manner in this regard.
The Customer understands and agrees that the Products displayed on the Platform may appear slightly larger or smaller than actual size due to screen defaults and photography techniques. Indiagold and/or Augmont Bullion shall not be liable for any legal action on this account. It shall be the endeavor of Indiagold to ensure that all details regarding the Products are clearly displayed on the Platforms.
- PRICING AND PAYMENT OBLIGATIONS
- Live purchase price and live sale back price of Digital Gold/Silver will be displayed on the Platform on real time basis and is subject to change from time to time. Customer acknowledges and accepts that at the time of purchase or sale-back of Digital Gold/Silver, live purchase price or live sale-back price of the same shall be locked and will be valid for a total of five (5) minutes from the time You click on the option to buy or sell the Digital Gold/Silver. In case you do not complete the transaction within that time, the buy or sell price might change. Customer further understands that any subsequent purchase after the first purchase shall be based on a new live price applicable at that time.
- Customer acknowledges that, the payment modes available for transaction process are
- Debit cards. A maximum of 3 debit cards can be used for buying Digital Gold/Silver.
- Unified Payment Interface (“UPI”) based payments.
- Credit Cards
- Internet Banking
- Money Transfer using RTGS/ IMPS
- Paytm based payment modes
- Customer acknowledges that maximum of 3 bank accounts can be used to sell Digital Gold/Silver under the open sale back and residual sale back service.
- While availing any of the payment modes available on the Platform, Indiagold and Augmont Bullion will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to the Customer due to:
- Lack of authorization for any transaction/s,
- Exceeding the present limit mutually agreed by and between the Customer and Indiagold.
- Any payment issues arising out of the transaction,
- Temporarily discontinuation of invitation to offer; and / or
- Decline of transaction for any reason(s) whatsoever.
- All payments made against the services on Platform by you shall be compulsorily in Indian Rupees acceptable in the Republic of India. Platform will not facilitate transaction with respect to any other form of currency with respect to the purchases made on Platform.
- Indiagold does not charge any amount for browsing/ accessing the Platform from any visitor, user and/or Customer. However, Indiagold reserves the right to change its pricing policy towards the Products displayed on the Platform, from time to time.
- In addition to the payments made by Customers towards the Services from time to time, Customer further acknowledges and accepts a prescribed convenience fee might be charged by Indiagold pertaining to the availing of open sale back or residual sale back options under these Terms and Conditions for Use.
- Notwithstanding anything to the contrary contained in these Terms, Indiagold and/or Augmont Bullion shall be entitled to accept or reject a Customer Order, for any reason whatsoever, at its sole discretion. In case of rejection of a Customer Order in accordance with these Terms, where payments have been received by Indiagold, such payments shall be returned to You in the bank account linked to Your Customer Account, subject to the terms and conditions applicable at that particular point of time.
- In the event Your GAP Account is over credited or wrongfully credited / debited, then Indiagold or Augmont Bullion has right to reverse / cancel without notice or require cancellation / reversal of such transaction at its sole discretion and debit / credit the digital value of Gold/Silver Products to / from your GAP Account, as the case may be.
- Once the Customer Order has been confirmed by Indiagold and/or Augmont Bullion pertaining to the purchase, sale and transfer of Digital Gold/Silver or Customer Redeemable Products or Tangible Gold/Silver under SPP, the same shall be binding on the Customer and cannot be cancelled.
- Customer shall be entitled to cancel the Customer Order only under the EasyGold Purchase Plan, at any time after payment of the down payment and before the payment of the last EasyGold installment towards the product so purchased. The request for cancellation of a particular purchase order shall be initiated by the Customer seeking to cancel the purchase order through Platform.
- Augmont Bullion shall levy 2% (two percent) of the purchase/booking price of the product as cancellation fee along with the difference in the current price of such gold product from the purchase/booking price, if any. The calculation will be shown clearly on the Platform before You confirm to cancel the Customer Order. Upon successful cancellation, the amount will be refunded to Your bank account as per the calculations shown on the Platform, within a maximum period of 72 hours subject to verification of the same.
- Augmont Bullion and/or India Gold reserves the right to cancel Your Customer Order, in the event You fail to pay the full amount of even any 1 (one) installment for 2 (two) consecutive months i.e. (60 days) from the installment due date. Upon such cancellation, the procedure specified under clause 8.3 shall be followed.
- The Products purchased through the Platform shall be delivered to the Customer within the timelines as notified to the Customer at the time of placing the Customer Order. The Product shall be delivered at the shipping address provided by the Customer in the Platform. You shall be solely responsible for ensuring that the correct address for such delivery purpose is furnished by You on the Platform for processing such Customer Order. You shall not be entitled to change the shipping address after the Customer Order is processed by Augmont Bullion.
- Indiagold shall have the sole discretion to determine the locations and pin codes it may want to deliver the Products. Customer(s) falling outside the scope of deliverable pin codes will not have the Service(s) for placing the order for the physical delivery of the Products and can only involve in the activities of purchasing, selling and transfer of Digital Gold/Silver.
- At the time of making request for redemption for the Customer Redeemable Products, the Customer shall in addition to other charges will have to pay delivery charges.
- The logistics partner of Augmont Bullion shall make best endeavors to fulfil the delivery of Customer Orders within the scheduled timelines and shall not be liable or accountable for any delay caused in such deliveries arising/occurring due to the reasons not attributable to Augmont Bullion and/or due to a Force Majeure event.
- The logistics partner of Augmont Bullion will make three (3) attempts to deliver Your Customer Order. In the event the Product cannot be delivered even after three (3) repeated attempts, it will return to origin and You will be notified of the same on the Platform. Thereafter, Customer will be required to process the delivery again through the Platform. It is clarified that You shall be solely liable to incur the applicable charges for re-delivery of the Customer Order.
- The logistics partner shall obtain the signature of the Customer or his/her representative on the delivery receipt, which shall act as a proof of delivery and acknowledgement on part of the Customer. Indiagold and/or Augmont Bullion shall not bear any liability once the Product has been delivered to the Customer and a proof of delivery has been obtained. However, Augmont Bullion shall be liable for refund/replacement of any delivered Product only in the event it is found to be in defect, or tampered or there is any complaint with respect to the quality, purity or weight, subject to the Customer immediately notifying of such defect/damage to Indiagold and submission of necessary proofs required by Augmont Bullion from the concerned Customer at that point of time. In the event, Indiagold and/or Augmont Bullion approves of such defect, a reverse pick up will be organized from Your address. Once We are in the receipt of the damaged Product, We will arrange re-delivery of the new Product at Your shipping address, at Augmont Bullion’s costs and expenses.
- You shall not accept the delivery of the Product in the event the packaging is damaged and/or tampered with and will be solely responsible to examine the packaging. In the event You have any apprehensions that the packaging has been tampered with, You shall not accept the package. The refusal to accept the package will be intimated to You by Indiagold through the Platform and thereafter, once the damaged/tampered package is returned to origin, We will process a replacement order.
The Customer shall be entitled to Transfer the Digital Gold/Silver to another Customer’s GAP Account. It is acknowledged and agreed by the Customer that Indiagold shall be under no liability whatsoever to the Customer in respect of any loss or damage arising directly or indirectly out of; the instruction of a Customer to transfer Digital Gold/Silver from his / her GAP Account to another Customer’s GAP Account. Subsequent to the Transfer, in no event, Indiagold and/or Augmont Bullion will reverse the Digital Gold/Silver to Your GAP Account.
- USE OF THE PLATFORM AND SERVICES
- You acknowledge that the Services are for Your personal use only and agree not to sell, publish, trade, resell or exploit for any commercial purposes, any portion of the Services or Product purchased via the Platform. You shall not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, services or intellectual property rights obtained while availing the Services.
- To use the Services on the Platform, the Customer agrees to:
- not breach or circumvent any laws, third-party rights or Our systems, policies, or determinations of Your account status;
- not use the Platform for committing any criminal offence or any unlawful activity for any fraudulent purposes or illegal purposes;
- not use any robot, spider, scraper, data mining tools, data gathering and extraction tools, or other automated means to modify or interfere with Our Platform or access the Platform or other third-party information for any purpose;
- not use the Platform for harassing any person or third party, or for making any defamatory, obscene, indecent remarks
- Indiagold may share Your data with Augmont Bullion, who, in turn, may share Your data with the Security Trustee as required to fulfill their obligations as a Security Trustee. Indiagold and/or
- Indiagold and/or Augmont Bullion may discontinue some or all of the Services, including certain features and the support for certain devices and Platforms, at any time.
- You acknowledge that any data including but not limited to the pricing of the Products and typographical errors may occur or maybe inaccurately displayed on the Platform. Therefore, in the event that Product is listed at an incorrect price or with incorrect information due to an error in pricing or product information, then We and/or Augmont Bullion have the right to correct it without any prior notice- this may cause changes in price of the Products. Further, We reserve the right, at our sole discretion, to refuse or cancel or reject any orders placed for the Products.
- The provision of Services may be interrupted, including for maintenance, repairs, upgrades, or network or equipment failures. Indiagold and Augmont Bullion strives to keep the Services up and running; however, all online services suffer occasional disruptions and outages beyond the control of Indiagold or Augmont Bullion. Therefore, Indiagold or Augmont Bullion shall not be responsible for errors, negligence, inability to execute orders, delays in transmission, delivery or execution of order due to breakdown or failure of transmission or communication facilities, or to any other cause beyond Indiagold’s or Augmont Bullion’s control or anticipation.
- CUSTOMER CARE AND GRIEVANCE REDRESSAL
If you have any questions, comments, requests or require any support or assistance, You may reach out to our Customer support team at:
In the event You have any complaints regarding these Terms or the services, You may address the same as follows:
Level: 1 Grievance Officer
Any complaints, abuse or concerns with regards to the use, processing and disclosure of Information provided by you or breach of these terms or any applicable law should immediately be informed to the designated Grievance Officer mentioned below:
Name of Grievance Officer: Ashish Bothra
Designation: Head of Operations
Email id: email@example.com
Address: Plot 270, Udtog Vihar 2, Gurgaon, Haryana 122016
Phone No.: 9916060395
Level: 2 Nodal Officer
If your issue remains unresolved to your satisfaction despite escalating to our Grievance Officer, you can reach out to our Nodal Officer as mentioned below:
Name of Nodal Officer: Ashish Bothra
Email id: firstname.lastname@example.org
Notice of Copyright Infringement: Our policy is to comply with all Intellectual Property Laws and to act expeditiously upon receiving any notice of claimed infringement. If you believe that any work has been reproduced on this website in a manner that constitutes copyright infringement, please provide a notice of copyright infringement containing all of the following information:
- A physical or electronic signature of a person authorized to act on behalf of the copyright owner for the purposes of the complaint.
- Identification of the copyrighted work claimed to have been infringed.
- Identification of the material on our website that is claimed to be infringing or to be the subject of infringing activity.
- The address, telephone number or e-mail address of the complaining party.
- The Platform may allow You to post Your review, comments, suggestions and experience of using the Platform and the Services (“Feedback“) in order to improve the Platform and the user experience.
- The Feedbacks shall be deemed to be non-confidential and non-compensatory in nature. Indiagold and/or Augmont Bullion reserves the right, at its sole discretion to use such information in any manner as deemed appropriate by Indiagold and such use shall be entirely unrestricted.
- You further represent and warrant that while posting any Feedback on the Platform, You shall not use any offensive, libelous, derogatory, hateful or racially or ethnically objectionable language. Further, You shall not post any content on any part of the Platform that is obscene, pornographic and that all such Feedback will be in accordance with applicable law(s).
- INTELLECTUAL PROPERTY RIGHTS (IPR) RESTRICTION
- Indiagold and/or Augmont Bullion solely and exclusively owns respectively any and all the trademarks, copyrights, service marks, logos, brands and service marks and other intellectual and proprietary rights associated with the Services and displayed on/accessed on the Platform. Use of the Platform is, and at all times, governed by and subject to the copyright, trademark, patent, and trade secret laws regarding ownership and use of intellectual property. You shall ensure that any intellectual property pertaining to the Services and the Platform is not infringed, passed off, diluted, reverse-engineered, hacked into, misappropriated, tampered with and shall be solely responsible for any violations of any laws and for any infringements of any intellectual property rights caused by use of the Platform through Your device.
- The Platform and any underlying technology or software used in connection with the Platform may contain rights of Indiagold or Our affiliates or any third-party connected thereto. For use of any third-party’s intellectual property, the Customer may need to get permission directly from such third-party owner of that intellectual property and the owners have a right to take appropriate actions against the Customer for any violation, infringement or passing off.
- You undertake to not reproduce, copy, modify or adapt, communicate, publish, reveal, supply, distribute or commercially exploit any intellectual property under these Terms.
- The Customer confirms and undertakes not to display or use the names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights of any third party on the Platform.
You hereby agree to indemnify and keep Indiagold and Augmont Bullion and/or its directors, affiliates, employees, agents workers or representative indemnified from and against all liabilities, actions, claims, demands, proceedings, losses, damages, costs, charges and expenses including reasonable attorney’s fees, directly or indirectly, whatsoever which Indiagold and/or Augmont Bullion may at any time incur, sustain, suffer or be put to as a consequence of or by reason of or arising out of: (i) the usage of the Platform by the Customer; (ii) by reason of Indiagold and/or Augmont Bullion acting in good faith and taking or refusing to take or omitting to take action on the Customer’s instructions, and in particular arising directly or indirectly out of the negligence, mistake or misconduct of the Customer; (iii) breach or non-compliance of the Terms relating to the Customer Account; (iv) fraud or dishonesty relating to any transaction by the Customer; and/or (v) in respect of any third party claims that may be initiated including for infringement of third party intellectual property rights.
- LIMITATION OF LIABILITY
Notwithstanding anything otherwise contained in these Terms, in no event will Indiagold and/or Augmont Bullion and their affiliates, officers, directors, employees, agents, suppliers or licensors be liable to any person for any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, lost revenue, lost sales, lost goodwill, loss of use or lost content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if Indiagold and/or Augmont Bullion have been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, Indiagold and/or Augmont Bullion’s aggregate liability and that of their affiliates, officers, employees, agents, suppliers and licensors, however arising in connection with the Services, or in connection with the performance or contemplated performance of this Agreement exceed total amount paid by You, if any, for access to that particular Products or Services.
- DISCLAIMER OF WARRANTIES
- ALL INFORMATION, CONTENT, MATERIALS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE PLATFORM (COLLECTIVELY, THE “CONTENTS”) ARE PROVIDED BY INDIAGOLD AND AUGMONT BULLION ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. INDIAGOLD AND/OR AUGMONT BULLION EXPRESSLY DISCLAIM ANY AND ALL CONDITIONS, REPRESENTATIONS, WARRANTIES OR OTHER TERMS, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.
- INDIAGOLD AND/OR AUGMONT BULLION 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 PLATFORM. YOU EXPRESSLY AGREE THAT THE USE OF THE PLATFORM IS AT YOUR SOLE RISK.
- GENERAL OBLIGATIONS
- These Terms shall be governed by and interpreted and construed in accordance with the laws of India. The courts in New Delhi shall have exclusive jurisdiction in respect of any matters arising therefrom.
- You shall be responsible for payment of all fees/costs/charges associated with availing of Services from Us and You agree to bear any and all applicable taxes including but not limited to GST, duties, cess etc.
- The parties are independent contractors. These Terms do not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship among the parties
- If any part of these Terms is determined to be indefinite, invalid, or otherwise unenforceable, the rest of these Terms shall continue in full force.
- Disclaimer of warranties, Confidentiality, Limitation of liability, Governing law provisions, Indemnity. Intellectual Property Rights shall survive any termination of these Terms.
- Indiagold and/or Augmont Bullion shall not be liable for any failure or delay in performance of any obligation, under this Agreement, to the extent such failure or delay is due to a Force Majeure Event. Such non-performance by Indiagold and/or Augmont Bullion shall, in no manner whosoever, amount to a breach of its obligations herein.