This document is an electronic record in terms of the Information Technology Act, 2000 including any amendments thereof, from time to time, the rules thereunder as applicable and the amended 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.
1. The following words and expressions, unless repugnant to the meaning or context thereof, shall have the following meanings:
1.1 “Gold Partner” shall mean the entity which is selling/delivering or repurchasing gold to/from the User via technical interface on PhonePe Platform and is using Our payment technology solutions for processing/facilitating payments for such transactions. PhonePe has following two (2) Gold Partners:
a) 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 operating under the brand name “SafeGold”; and
b) MMTC-PAMP India Private Limited, a company incorporated under the Companies Act, 2013 with its registered office at C-27, 3rd Floor, Qutub Institutional Area, New Delhi - 110016 operating under the brand name “MMTC-PAMP”.
1.2 “PhonePe Platform” - Refers to any platform owned/operated by PhonePe (engaged in the business of offering payment technology solutions through Unified Payment Interface (“UPI”), internet banking, debit cards, credit cards, wallet and other financial services) not limited to websites, mobile applications, devices, URLs/links, notifications, chatbot, or any other communication medium used by PhonePe Entities to provide services to its Users and business partners including Gold Partners.
1.3 “Product” shall mean gold offered by the Gold Partner to the Customers both in digital and physical form.
2. You hereby confirm that You fulfil the eligibility criteria specified in PhonePe T&Cs and You are a registered User of PhonePe’s Platform.
3. You agree and understand that Our role is limited to processing of payments only. We are not a marketplace and We do not provide any such services to Users or Gold Partners. We are neither the seller of the Product nor are We responsible for order fulfilment.
4. You agree and understand that We do not determine, advise or in any manner control the price of Product and the services offered by the Gold Partners.
5. For the purpose of transaction processing, You hereby authorize Us to access, fetch, share, use, store the information provided by You on an ongoing basis. You understand that correctness of information is of utmost importance and You shall be solely responsible for the correctness of the information provided by You to Us. If You have reasons to believe that there is an error in the information furnished by You to Us then You shall immediately inform Us in writing and forthwith provide correct/updated information. You agree and understand that We may review the data/information provided by You and undertake appropriate due diligence, including risk management. We may also fetch data from other sources available in public or through Our business partners or service providers which may pertain to You as part of due diligence and risk management. We shall not be liable for any loss or damage caused to You due to submission of incorrect information.
6. You agree and understand that the concerned Gold Partner is solely responsible for quoting gold prices, selling/ delivering Product to You, order fulfilment, storage of the Product purchased by You in physical/digital form and for repurchasing the Product from You. The Gold Partner is the seller of the Product and is solely responsible for delivery of the Product and for any deficiency in the Product and/or services provided by the Gold Partner. PhonePe shall not be responsible for any deficiency in the Product and/or services offered by the Gold Partner, in any manner whatsoever. You shall not hold PhonePe liable for any quality/quality related issues of the Product or for non-delivery/delayed delivery of the Product by the Gold Partner.
7. You agree and understand that the Gold Partner is solely responsible for the quality (purity and all related aspects) of the Product offered by it for sale, its accuracy in weight, measurement, gold content or fineness of the Product to be delivered and the nature and authenticity of the Product at the time of delivery to an address specified by You.
8. PhonePe makes no representations or warranties (express or implied) as regards the products and services offered by the Gold Partner, its condition, its fitness for a particular purpose, etc.
9. You agree and acknowledge that the respective Gold Partner shall be solely responsible for providing invoice(s), warranty card, post-sale support etc. PhonePe shall not be responsible for the same, in any case whatsoever. You shall raise all disputes/complaints/grievances with respect to the products/services of the Gold Partner (including issues relating to delivery, non-fulfilment, quality of goods, deficiency of services, post-sale support, etc.) with the Gold Partner. However, We will facilitate resolution of Your grievances / complaints arising out of any deficiency/error in processing payment for the gold sale/purchase.
10. You agree to release PhonePe, its affiliates, group companies, their directors, agents, officers, employees and contractors, from all claims, demands and damages (actual and consequential) arising out of or in any way connected with a dispute or a complaint. You agree that You will not involve PhonePe in any litigation or dispute arising out of or related to any transaction with a Gold Partner.
11. You agree and understand that We may access, store, display and use information relating to Your transactions with the Gold Partner on PhonePe Platform. You also agree and acknowledge that We may from time to time, display such information on PhonePe Platform as may be provided and/or updated by the Gold Partner. We shall neither be liable nor be responsible for accuracy or authenticity of any such information.
12. You agree and understand that the terms and conditions specified by SafeGold and/or MMTC-PAMP (as the case may be) govern Your relationship with the Gold Partner. You agree to carefully read such applicable terms and conditions before initiating any transaction with the Gold Partner. However, In the event of any conflict between these Terms and the terms and conditions specified by the Gold Partner, these Terms shall prevail to the extent of conflict between the two documents.
13. We may, from time to time, in Our sole and absolute discretion, prescribe maximum individual/cumulative limits for You to make payment, accumulate the Product or transfer the Product for which payment has been made through PhonePe Platform in agreement with our Gold Partners. Further, We reserve the right to refuse, block or cancel any order exceeding such payment limits. Such payment limits are subject to PhonePe’s internal risk assessment and We may change/modify such limits and apply an appropriate cooling period. You understand that We may or may not communicate the above action to You.
14. You shall be solely responsible for providing accurate information for each payment instruction. You agree and understand that We cannot reverse a payment once the same is initiated as per Your instructions. We shall not be liable for any loss incurred by You as a result of a transaction processed by Us in accordance with Your payment instructions.
15. If You erroneously process a payment for the wrong amount (for instance a typographical error at Your end), Your only recourse will be to contact the Gold Partner only. PhonePe will not reimburse You or reverse a payment that You have erroneously made.
16. You agree that all risks arising from online transactions shall be solely borne by You. We do not warrant that the PhonePe Platform will be uninterrupted, error-free or shall be without viruses or other harmful components. All data that is made available on the PhonePe Platform is on an “as is”, “as available” and “with all faults” basis and without warranties or representations of any kind, either express or implied. To the fullest extent permissible under applicable law, PhonePe disclaims all warranties or guarantees, whether statutory, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. It is Your responsibility to evaluate the accuracy, completeness and usefulness of all information provided by the Gold Partner on PhonePe Platform.
17. The amount towards Your monthly Gold SIP will be deducted from Your account on the scheduled date on a best-effort basis, even if the date falls on a weekend or a bank holiday. In case Your payment gets delayed due to any technical issues while trying to complete it on the scheduled SIP date, We will try that Your payment is debited on a best-effort basis on a later date of the same month, given, the issue is resolved. Accordingly, the prevalent price of Gold at the actual debit will be applied for allocating proportionate grams of Gold against the said Gold SIP purchase transaction.
18. If We are unable to process the Gold SIP transaction scheduled for a month due to a bank downtime or any other technical issue which is beyond Our reasonable control, PhonePe shall not be responsible for any opportunity loss for Gold purchase.
19. You are advised to keep sufficient balance on Your Gold SIP due date in Your bank account where the Gold SIP UPI AutoPay mandate is registered. If a payment failure is encountered while initiating debit on or around the Gold SIP due date due to insufficient bank account balance, We will not re-attempt to debit Your bank account. PhonePe and its partners will not be liable for any direct/consequential loss or any applicable bank charges arising out of such payment failure.
20. For Gold SIP purchases, the SIP amount will be including GST and other applicable taxes and the quantity of Gold will be allotted post adjustment of applicable taxes from the SIP amount.
21. You can delete your Gold SIP in case you do not wish to continue investing via Gold SIP. PhonePe or its Gold Partners will not be responsible for any losses arising due to Gold SIP deletion at your end.
22. The Gold quantity accumulated through Gold SIP will be reflected in the accumulated balance maintained for each partner at the PhonePe Platform.
23. The value of quantity of gold accumulated through Gold SIP will be based on prevalent market price. Neither PhonePe nor its Gold Partners guarantee any fixed returns on Gold transactions.
24. The prevalent price of gold at the time we receive the amount from your bank against the scheduled AutoPay Gold SIP debit will be applied for allocating proportionate quantity of Gold.
25. In no event will PhonePe be liable for any indirect, consequential, incidental, special or punitive damages, including without limitation damages for loss of profits or revenues, business interruption, loss of business opportunities, loss of data or loss of other economic interests, whether in contract, negligence, tort or otherwise, arising from the use of or inability to use the information provided, however caused and whether arising in contract, tort, negligence, warranty or otherwise.
26. You agree to indemnify and hold PhonePe, its affiliates, group companies, their directors, officers, agents, employees and representatives, harmless, from any and all losses, damages, actions, claims and liabilities (including legal costs) which may arise, directly or indirectly, from breach of these Terms and/or purchase of products/availing services from Gold Partners, in any manner whatsoever.
27. We reserve the right, at Our sole discretion, to change, modify, add or remove portions of these Terms, at any time without giving any prior written notice to You. It is Your responsibility to review these Terms periodically for updates / changes. Your continued use of PhonePe Platform shall mean and signify that You agree and accept the revised Terms.
28. We may monitor Your transaction(s) for probable high-risk/fraud transactions. Basis Our transaction monitoring, We may place a hold, block or reject transactions. We may either wholly or partially block Your access to PhonePe Platform if We have reasons to believe that some suspicious or unusual activity has been or is being carried out through Your account on PhonePe.
29. You agree and understand that PhonePe, based on its internal policies, regulatory and statutory guidelines may report transactions to appropriate authorities in case such transaction is classified as suspicious or fraudulent and We shall not be made liable for any loss caused to You for such obligatory reporting by Us, even if any such transaction is found to be regular and lawful at a later stage.
30. PhonePe, in its sole discretion, may suspend/discontinue, either temporarily or permanently, Your access to PhonePe Platform, at any time without notice. Further, We may evaluate and investigate any of Your transactions in case We are of the view that the same is a suspicious, irregular, illegal or fraudulent transaction.
31. It is clarified that PhonePe shall not be obligated to reverse any transaction where a fraudulent user has already sold the gold purchased through the fraudulent transaction, and received the funds against such sale; or where the fraudulent user has chosen to take delivery of the gold so purchased. In this event, PhonePe shall, to the best of its ability, provide any information on the fraudulent User, including the bank account or Mobile Wallet account to which funds have been settled to the victim or the relevant authorities.
32. These Terms shall be governed by the laws of India, without respect to its conflict of laws principles. Any claim or dispute between You and PhonePe that arises in whole or in part from in relation to these Terms shall be decided exclusively by a court of competent jurisdiction located in Bangalore.
33. All other terms including terms such as User Registration, Privacy, User Responsibilities, Indemnification, Governing Law, Liability, Intellectual Property, Confidentiality and General Provisions etc. are deemed to be incorporated into these Terms by reference to the PhonePe T&Cs.