SafeGold Terms and Conditions
TERMS OF USE
Part I
1. INTRODUCTION
1.1. THIS DOCUMENT IS AN ELECTRONIC RECORD IN TERMS OF THE INFORMATION TECHNOLOGY ACT, 2000 AND RULES THEREUNDER AS APPLICABLE AND THE PROVISIONS PERTAINING TO ELECTRONIC RECORDS IN VARIOUS STATUTES AS AMENDED BY THE INFORMATION TECHNOLOGY ACT, 2000. THIS ELECTRONIC RECORD IS GENERATED BY A COMPUTER SYSTEM AND DOES NOT REQUIRE ANY PHYSICAL OR DIGITAL SIGNATURES.
1.2. THIS DOCUMENT IS PUBLISHED IN ACCORDANCE WITH THE PROVISIONS OF RULE 3(1) OF THE INFORMATION TECHNOLOGY (INTERMEDIARIES GUIDELINES) RULES, 2011 THAT REQUIRES PUBLISHING THE RULES AND REGULATIONS, PRIVACY POLICY AND TERMS OF USE FOR ACCESS OR USAGE OF THE PLATFORM.
1.3. PART I AND PART II OF THESE TERMS OF USE SHALL BE COLLECTIVELY REFERRED TO AS THE ‘TERMS’ AND SHALL ALWAYS BE READ TOGETHER.
2. DEFINITIONS
2.1. For the purpose of these Terms, wherever the context so requires, the term:
“Customer” shall mean any individual, who as the counterparty transacts using the Platform for buying Gold (as defined below), taking delivery of Gold and/or selling back the Gold to DGIPL or any other buyer as outlined in these Terms.
2.1.1 “Gold” shall mean 24 karat gold of 99.99%, offered to the Customer by DGIPL under the brand name “SafeGold”.
2.1.2 “Gold Account” shall mean the account created whether by You or otherwise, in accordance with these Terms.
2.1.3 “Gold Account Information” shall mean the information provided by You for the purpose of creation of the Gold Account.
2.1.4 “Customer Request” shall mean a Purchase Request, Delivery Request or Sale Request placed by You in relation to the Customer Gold.
2.1.5 “DGIPL Platform” shall mean and include any website, web app or mobile application hosted or controlled by DGIPL, including www.safegold.com.
2.1.6 “DGIPL Services” shall mean and include any product or services offered by DGIPL, including any Gold related products and services.
2.1.7 “Force Majeure Event” shall mean any event that is beyond the reasonable control of the SafeGold Partner and/or DGIPL and shall include, without limitation, sabotage, fire, flood, explosion, act of God, civil commotion, strikes, lockouts or industrial action of any kind, riots, insurrection, war, acts of government, computer hacking, civil disturbances, unauthorised access to computer data and storage device, computer crashes, virus attacks, breach of security and encryption, and any other similar events not within the control of The SafeGold Partner and/or DGIPL and which The SafeGold Partner and/or DGIPL is not able to overcome.
2.1.8 “Payment Instrument” shall mean any electronic or written cheque, draft, money order or other electronic or written instrument or order for the transmission or payment of money.
2.1.9 “Person” shall mean an individual, a corporation, a partnership, a joint venture, a trust, an unincorporated organization and any other legal entity.
2.1.10 "Platform" shall mean, and include, the mobile application and/or website, that offers payment technology solutions for facilitating/processing payments for Gold transactions.
2.1.11 “SafeGold Partner” refers to PhonePe Pvt. Ltd. (“PhonePe”) which shall be the entity providing payment services and facilitating collection of payments for Gold offered by DGIPL on the Platform.
2.1.12 “Trustee Administrator” refers to the role of a third-party entity who shall discharge the functions defined in clause 4 below.
In addition to the terms defined in Section 2.1, additional terms used herein shall have the respective meanings assigned thereto in the relevant sections contained hereinafter.
3. TERMS AND CONDITIONS OF SERVICES BEING PROVIDED BY DGIPL
3.1. Digital Gold India Private Limited, a company incorporated under the Companies Act, 2013 with its registered office at 2nd & 3rd Floor, CoWrks, Birla Centuron, Worli, Mumbai, ("DGIPL") will be selling gold and providing services of safe keeping/vaulting and delivery/fulfilment of gold and related services thereto to the Customers, on or through the Platform (“Services”).
3.2. The Gold is being offered for purchase and/or sale by DGIPL under its brand name “SafeGold”. The Services are being provided by DGIPL and SafeGold Partner’s responsibility shall be restricted to facilitating transactions and collection of payments for the DGIPL Services on its Platform. The SafeGold Partner assumes no liability for the Services as it only provides payment services. Any and all of the transactions relating to the Services are being rendered by DGIPL in association with the Intermediaries (namely the Trustee Administrator and Vault Custodian) with whom separate agreements have been entered into by DGIPL.
3.3. The Customer is bound by these Terms with regard to Gold. It is clarified that these Terms are in addition to any other terms and conditions on the Platform.
3.4. The Customers are advised to read and understand these Terms carefully before using the Services.
3.5. DGIPL and/or the SafeGold Partner do not guarantee any returns, on any transactions consummated vis-à-vis the DGIPL Services, to any person, either directly or indirectly. The Customer (hereinafter referred to as “You”, with the term “Your” being construed accordingly) shall be solely responsible for undertaking appropriate and effective due diligence and related analysis before undertaking any transactions pursuant to these Terms of Use. You further acknowledge and agree that DGIPL and/or the SafeGold Partner and its officers, directors, employees, agents and affiliates will have no liability for Your purchase or other decisions using the Platform.
3.6. The Services by DGIPL shall be provided for a term commencing from the date of creation of the Gold Account.
3.7. You understand and acknowledge that the Services are being provided and made available on an “AS IS” and “AS AVAILABLE” basis. The Platform may contain errors or inaccuracies that could cause failures, corruption or loss of data and/or information from Your device and/or any device used by You to connect to the Platform as well as from peripherals (including, without limitation, servers and computers) connected to any of the above-mentioned devices. You assume all risks and costs associated with Your use of the Services and the Platform, including without limitation, any costs incurred for the use of Your device and any damage to any equipment, software or data.
3.8. You confirm that you are not registered under the Goods and Services Tax Act, 2017.
4. TRUSTEE ADMINISTRATOR, INTERMEDIARIES AND SAFE KEEPING ARRANGEMENT
4.1. Appointment of Intermediaries
4.1.1. DGIPL shall enter into agreements with third party entities to assist DGIPL in providing the Services to You The term, “Intermediaries” shall primarily mean the Trustee Administrator, Vault Custodian and shall also include any and all Persons appointed by DGIPL or the Trustee Administrator (as the case may be) upon placement of a Customer Order (and successful payment of monies in lieu thereof) till the consummation of the Customer Requests placed by You in accordance with these Terms. You hereby consent to the appointment of such Intermediaries, for and on Your behalf, by DGIPL or the Trustee Administrator (as the case may be).
4.1.2. You acknowledge and understand that these Intermediaries have been appointed to ensure that Your Customer Orders/Customer Requests are duly complied with in accordance with these Terms. You additionally acknowledge that certain payments will have to be made to these Intermediaries for their appointment and services in relation thereto, which shall be borne by DGIPL on Your behalf unless otherwise indicated in these Terms.
4.2. Appointment of Trustee Administrator
4.2.1. You hereby acknowledge and agree that the Customer Gold will be monitored by the Trustee Administrator while being held on your behalf with the Vault Custodian.
4.2.2. By accepting these Terms, You further agree to accede to the terms for such arrangement with the Trustee Administrator (i.e., a Trustee Administrator agreement).
4.2.3. In the event of any expenses or charges remaining payable to any Intermediaries or otherwise till actual delivery or fulfilment of any of Your Customer Orders/Customer Requests for any reason, including where DGIPL is unable to service such requests as enumerated in clause 8 below (Events of Default), thereby adversely effecting or jeopardizing the fulfilment of Your Customer Orders/Customer Requests, then the Trustee Administrator will be entitled to sell part of the Customer Gold and satisfy such outstanding expenses or charges as required in accordance with these Terms read with the Trustee Administrator Agreements. The sums due to You and/or gold to be delivered (as the case may be), after settling the aforementioned charges, would be dealt with in accordance with these Terms read with the Trustee Administrator Agreements.
4.2.4. By way of these Terms, You authorize the Trustee Administrator to act on Your behalf to ensure that Your interests are adequately protected.
4.3. Safe Keeping/Vaulting of Gold
4.3.1. Gold purchased by You corresponding to the Customer Order shall be stored with a custodian in a vault on Your behalf (“Vault Custodian”).
4.3.2. You hereby authorize (i) appointment of such Vault Custodian to safe keep the gold purchased; and (ii) DGIPL to store such gold products purchased by You, including, but not limited to, bullion, coins or jewellery (as the case may be) in the secured vault on Your behalf (“Customer Gold”). It is hereby clarified that Your purchase of the gold corresponding to the Customer Order shall be deemed to be completed and title in relation thereto shall be deemed to have been passed upon such relevant portion of the Customer Gold being stored in the vault with the Vault Custodian on Your behalf or upon a final invoice being issued by DGIPL in accordance with these Terms, subject to applicable laws.
4.3.3. To ensure that the Customer Gold stored in such vault is adequately protected, necessary insurance policy/ies has been obtained by the Vault Custodian, where the cost of insurance to safe keep the same will be borne by the Vault Custodian. Pursuant to such insurance policy/ies, for any loss or damage to the Customer Gold stored in the vault, You further authorize the Trustee Administrator to act as Your beneficiary under the insurance policy/ies and to take all steps necessary to protect Your interests.
4.3.4. While the Vault 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 Vault 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.
5. STORAGE OF GOLD
You are required to take delivery of Your Customer Gold within such maximum period as shall be specified for this purpose by DGIPL from time to time on the Platform (“Maximum Storage Period”). The Maximum Storage Period is currently defined as 10 (ten) years from the date of purchase of the Gold by the Customer, of which the first 5 (five) years from the date of purchase of gold shall be the Free Storage Period where no storage related charges shall be applicable. 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 The SafeGold Partner and/or DGIPL on the Platform from time to time. You may provide such address at any time during the Maximum Storage Period. In the event that no valid address has been provided by You during the Maximum Storage Period, then for a period 1 year commencing from the date of expiry of Maximum Storage Period, (such period being the “Grace Period”) at least one attempt shall be made 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 SafeGold Partner 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:
(a) take delivery of the gold in question for any reason whosoever (including where You shall not have provided any address to take delivery of such gold); or
(b) provide the details for a valid bank account into which the proceeds of any sale of such Customer Gold are to be deposited;
then upon expiry of the applicable Grace Period for the Customer Gold in question, DGIPL shall sell such Customer Gold at the prevailing price displayed on the Platform for purchase of gold from Customers. The sale proceeds realized from such sale (“Final Sale Proceeds”) after deducting any amounts payable to DGIPL as storage charges for storage of such gold after the Free Storage Period, shall be deposited into a bank account opened solely for this purpose. The Trustee Administrator shall be the sole signatory to such bank account.
In the event that You shall during a period of 3 years commencing from the date of expiry of the applicable Grace Period (such period being the “Final Claim Period”) notify either The SafeGold Partner, DGIPL 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.
6. FORCE MAJEURE
If performance under these Terms is prevented, restricted, delayed or interfered with by reason of labour disputes, strikes, acts of God, floods, lightning, severe weather, shortages of materials, rationing, inducement of any virus, Trojan or other disruptive mechanisms, any event of hacking or illegal usage of the Platform, utility or communication failures, earthquakes, war, revolution, acts of terrorism, civil commotion, acts of public enemies, blockade, embargo or any law, order, proclamation, regulation, ordinance, demand or requirement having legal effect of any government or any judicial authority or representative of any such government, or failure of any device used to access the Platform, or any other act whatsoever, whether similar or dissimilar to those referred to in this section, which are beyond the reasonable control of The SafeGold Partner and/or DGIPL and could not have been prevented by reasonable precautions then The SafeGold Partner and/or DGIPL shall be discharged from such performance to the extent of and during the period of such force majeure event. Such non-performance by The SafeGold Partner and/or DGIPL shall, in no manner whosoever, amount to a breach of its obligations herein.
7. TERMINATION OF SERVICES BY DGIPL
7.1. Safegold Partner may itself or post discussions with DGIPL modify, suspend, or terminate access or DGIPL may request the SafeGold Partner to modify, suspend, or terminate access to, all or any portion of the Platform or Your ability to access any Services through the Platform at any time for any reason including termination for breach of any of these Terms.
7.2. These Terms shall further stand terminated:
7.2.1. if DGIPL is adjudged bankrupt or declared insolvent;
7.2.2. if DGIPL ceases to carry on its business or has communicated to the Trustee Administrator any intention to cease to carry on its business;
7.2.3. if DGIPL breaches any of the terms and conditions under the Trustee Administrator Agreements or Terms and DGIPL does not remedy such breach within 90 (Ninety) days of being called upon to do so by the Trustee Administrator;
7.2.4. upon DGIPL commencing a voluntary proceeding under any applicable bankruptcy, insolvency, winding up or other similar applicable law now or hereafter in effect, or consenting to the entry of an order for relief in an involuntary proceeding under any such applicable law, or consenting to the appointment or taking possession by a receiver, liquidator, assignee (or similar official) for the whole or a substantial part of its property or takes any action towards its re-organization, liquidation or dissolution;
7.2.5. upon an order being made for the winding up, bankruptcy or dissolution of DGIPL, or an application is admitted for initiating any corporate insolvency resolution process against DGIPL in accordance with Applicable Law;
7.2.6. upon any encumbrancer lawfully taking possession, or a liquidator, judicial custodian, receiver, administrative receiver or trustee or any analogous officer having been appointed in respect of the whole or a substantial part of the property of DGIPL, or an attachment, sequestration, distress or execution (or analogous process) being levied or enforced upon or issued against whole or a substantial part of the assets or property of DGIPL, or any action has been taken or suffered against DGIPL towards liquidation or dissolution or similar reorganization; or
7.2.7. upon a liquidator or provisional liquidator being appointed to DGIPL or a receiver, receiver and manager, trustee or similar official being appointed in respect of DGIPL or any of its assets, or an event analogous.
7.3. Upon the happening of any of the events referred to in Section 8, and where there is any insufficiency of DGIPL funds required to pay any costs and expenses to be incurred in relation to providing delivery of Customer Gold to You, then in such an event You do hereby authorise the Trustee Administrator to sell any part of the Customer Gold, that is necessary or required to defray such costs and expenses.
8. CONSEQUENCES OF TERMINATION OF SERVICES BY DGIPL
8.1. Upon such termination for any reason whatsoever, subject to these Terms:
8.1.1. The Trustee Administrator shall prepare a list of Customers who hold as on the Event of Default (a) less than 0.5 grams (half a gram) of any Precious Metal; and (b) more than 0.50 grams (half a gram) of any Precious Metal; (such Customers hereinafter collectively referred to as “EOD Customers”).
8.1.2. The Trustee Administrator shall be required to inform each EOD Customer through the relevant SafeGold Partner from whom the EOD Customer purchased the Gold, that (i) an Event of Default has occurred; and (ii) that the Precious Metal in question purchased by such EOD Customers would be dealt with in the manner indicated (“EOD Notice”).
8.1.3. For any EOD Customers:
8.1.3.1. who hold less than 1 gram (one gram) of any Gold, such EOD Customer’s Gold holding shall be sold at prevailing market rates on a specified date mentioned in the EOD Notice, with the money being remitted to the account maintained by such EOD Customer with the relevant SafeGold Partner or its bank account directly, as may be the case; and
8.1.3.2. who hold more than 1 gram (one gram) of any Gold, such EOD Customer shall have 30 (Thirty) days from the date of the EOD Notice to pay the requisite minting and delivery charges to the bank account designated for this purpose in the EOD Notice and to request for delivery of their Gold with the Trustee Administrator thereafter ensuring delivery of the applicable Precious Metals to the concerned Customers who have made payment of the requisite minting and delivery charges in accordance with the instructions provided by such Customers. In the event that if the requisite minting and delivery charges as well as request for delivery are not received from any EOD Customer, such Customer’s Gold holding shall be sold at prevailing market rates on the specified date mentioned in the EOD Notice, with the money being remitted to the account maintained with the relevant SafeGold Partner or such Customer’s bank account.
The Trustee Administrator shall take the applicable measures detailed in (8.1.3.1) and (8.1.3.2) above no more than 45 (Forty Five) days from the EOD Notice.
8.1.4. Where the Trustee Administrator has not received sufficient payment or delivery information from an EOD Customer by the specified date mentioned in the EOD Notice, the Administrator shall sell such EOD Customer’s Precious Metal at the prevailing market price on the specified date and shall deposit such money in an escrow account for 1 (One) year for and on behalf of such EOD Customer (“EOD Sale Proceeds”) and attempt to contact such EOD Customer at least twice over the said period of 12 (Twelve) months. In the event that such EOD Customer does not claim his/her/its EOD Sale Proceeds upon expiry of the aforementioned 1 (One) year period, the Trustee Administrator shall transfer the monies held in the relevant escrow account for the EOD Customer in question to the Prime Minister’s Relief Fund or such other fund as shall have been designated for this purpose by the EOD Customer in question pursuant to the Terms.
8.2. You acknowledge that the termination of Your access to the Platform and Services may be effected without any prior notice, and the Gold Account may be immediately deactivated or deleted and all related information and/or bar any further access to the Gold Account the Platform or the Services. Further, You agree that the SafeGold Partner and/or DGIPL shall not be liable for any discontinuation or termination of Services by any third party.
8.3. None of Your content shall remain accessible on the Platform upon termination. This information cannot be recovered by You, once the account is terminated.
8.4. The disclaimer of warranties, the limitation of liability, and the governing law provisions shall survive any termination of these Terms.
9. GOVERNING LAW AND DISPUTE RESOLUTION
These Terms shall be governed by and interpreted and construed in accordance with the laws of India. The courts of Mumbai shall have exclusive jurisdiction over any disputes arising under these Terms. In the event of any dispute arising out of these Terms the same shall be settled by a binding arbitration conducted by a sole arbitrator, appointed jointly by both parties and governed by the Arbitration and Conciliation Act, 1996. The venue of arbitration shall be Mumbai, Maharashtra, India.
PART – II
10. CREATION OF GOLD ACCOUNT AND REGISTRATION OBLIGATIONS
10.1. Before availing the Services, the Customer shall complete registration process as may be prescribed from time to time. The Customer shall follow the instructions given in the Platform for opening a Gold Account. The SafeGold Partner and/or DGIPL shall be entitled to collect and store relevant information and documents provided by the Customer to the Platform for KYC purposes. As and when required by DGIPL and/or The SafeGold Partner, the Customer will be required to provide additional documents for fulfilling the KYC requirements. You authorize DGIPL and the SafeGold Partner to make such enquiries as may be necessary to satisfy the validity of your identity. You shall be responsible for the correctness of information provided to DGIPL and The SafeGold Partner from time to time. If You have reasons to believe that there is an error in the information furnished by You, You shall immediately provide correct / updated information.
10.2. The SafeGold Partner and/or DGIPL through the SafeGold Partner, reserves the right to terminate any Gold Account, with or without notice to You, in the event the KYC documents / information are found to be incorrect, or authenticity of the documents / information is found to be doubtful. You hereby undertake to indemnify and keep indemnified the SafeGold Partner and/or DGIPL against any and all losses, claims, liabilities costs etc. which arise out of or relating to Your failure to identify Yourself and validate Your account promptly and / or due to incorrect KYC documents / information.
10.3. Know Your Customer (KYC) and Verification
10.3.1. Prior to placing an order, You may be required to provide certain KYC documentation and other information as may be required by the SafeGold Partner and/or DGIPL in such form and manner as it may deem fit. This information may be requested from you at the time of registration, or at a later stage.
10.3.2. Once such documentation and other information is provided by You to The SafeGold Partner, You shall be entitled to place an order on the Platform (“Customer Order”).
10.3.3. You agree that Your continued use of the Platform, consequent upon the creation of the Gold Account, is subject to verification by DGIPL and/ or The SafeGold Partner (on behalf of DGIPL), of the information and documentation provided by You. You hereby grant DGIPL and/ or The SafeGold Partner permission to conduct such verification, in such form and manner as it may deem fit.
10.3.4. You further acknowledge that DGIPL and/ or The SafeGold Partner reserves the right for such verification either on registration of the Gold Account or at any time thereafter. You hereby authorise DGIPL and/or the SafeGold Partner to engage with any third-party service provider for verification of your KYC documentation to ascertain your eligibility. Any processing undertaken by DGIPL and/or the SafeGold Partner to process KYC documents shall be in accordance with its privacy policy and these Terms. It is hereby clarified that as far as the permission to access the KYC documents by a third-party service provider is concerned, the same shall be governed by the privacy policy of such third party service provider.
10.4. Customer’s Obligations
10.4.1. You will be responsible for maintaining the confidentiality of the Gold Account Information and shall be fully responsible for all activities that occur under the Gold Account. You agree to immediately notify The SafeGold Partner and/or DGIPL of any unauthorised use of the Gold Account Information or any other breach of security. DGIPL or The SafeGold Partner cannot and will not be liable for any loss or damage arising from Your failure to comply with this section. You may be held liable for losses incurred by DGIPL or The SafeGold Partner or any user or visitor of the Platform due to authorised or unauthorised use of the Gold Account, as a result of your failure in keeping the Gold Account Information confidential.
10.4.2. You shall ensure that the Gold Account Information provided by You during the SafeGold Partner onboarding or registration process is complete, accurate and up-to-date. Use of another Customer’s account information for availing of any of the Services and/or for use of the Platform is expressly prohibited.
10.4.3. You agree that if You provide any information that is untrue, inaccurate, not current or incomplete, (or becomes untrue, inaccurate, not current or incomplete) or if The SafeGold Partner and DGIPL has reasonable grounds to suspect that such information is untrue, inaccurate, not current, incomplete, or not in accordance with these Terms, The SafeGold Partner and DGIPL through The SafeGold Partner shall have the right to indefinitely suspend or terminate or block access to the Gold Account on the Platform and refuse to provide You with access to the Platform.
11. PURCHASE OF GOLD
11.1. You can offer to buy Gold worth Rs.1.00 (Rupee One Only) and above incremental value thereof at the market linked prices of gold shown on the Platform. Market linked prices means that these quotes are linked to the prices of gold in the commercial bullion market in India.
11.2. It is hereby clarified that such market linked prices of gold shall constitute fully binding offers and would be an invitation to offer to purchase gold at the said market prices to all Customers. Notwithstanding the foregoing, You understand that these prices may vary multiple times within a day, and accordingly Your payment obligations for any order will depend on the market linked prices then prevailing.
11.3. While reasonable efforts will be made to offer You a competitive price for the Customer Gold, there is no guarantee that the price offered to You will be close to or comparable with other prices available in the market.
11.4. Payment will be accepted through the payment options made available on the Platform, which may include redirection to a Payment Gateway hosted by other third-party website or platform, including by DGIPL. At the time of purchase / fulfilment / sale-back / transfer of Gold, the relevant taxes will be chargeable as applicable as per the Government regulations. It is hereby clarified that once a Customer Order is placed, You are not entitled to cancel a Customer Order, provided however that a Customer Order shall stand cancelled if the payment fails for any reason whatsoever.
11.5. The SafeGold Partner and/or DGIPL reserves the right to cancel a Customer Order, at its sole discretion, if Your information, provided prior to placing the Customer Order, is not found acceptable and The SafeGold Partner and/or DGIPL are of the opinion that You are not eligible to purchase gold. The Gold Account shall accordingly stand amended. The SafeGold Partner as well as DGIPL shall have the right to freeze the Gold Account until it receives KYC and other documentation in a form and manner satisfactory to The SafeGold Partner and DGIPL.
11.6. Once the payments are received by DGIPL and the KYC information is found acceptable, DGIPL shall issue an invoice to You confirming the Customer Order placed within a period of 3 (Three) business days of placing such order, in a manner it may deem fit.
11.7. Notwithstanding anything to the contrary contained in these Terms, The SafeGold Partner and/or DGIPL shall be entitled to accept or reject a Customer, for any reason whatsoever, at its sole discretion.
11.8. In case of rejection of a Customer Order in accordance with these Terms, where payments have been received by DGIPL, such payments shall be returned to You to the bank account linked to your account, subject to the terms and conditions indicated on the Platform.
12. DELIVERY OF GOLD
12.1. This Platform offers Services for Customers who wish to procure delivery of the Customer Gold in accordance with these Terms.
12.2. You shall be entitled to procure delivery of the Customer Gold using the Platform (“Delivery Request”).
12.3. Upon placing the Delivery Request, You shall be required to pay for the applicable charges and confirm the Delivery Request. Your Gold Account shall be provisionally debited corresponding to the quantity of the Customer Gold sought to be delivered (“Delivered Customer Gold”). Upon receipt of the Delivery Request by DGIPL, the Gold Account shall be debited for the Delivered Customer Gold from the Gold Account.
12.4. Within a period of 7 (Seven) to 10(ten) business days of the Delivery Request being confirmed or such further period as may be required by DGIPL, DGIPL shall arrange for delivery of the Delivered Customer Gold at the shipping address indicated by You. You shall be solely responsible for ensuring that the correct address is furnished by You on the Platform for processing such Delivery Request. You shall not be entitled to change the shipping address after the Delivery Request is processed by DGIPL.
12.5. You should carefully examine the package delivered and shall not accept deliveries where the packaging has been tampered with. If, however, You are of the view that the package delivered has been tampered with, You shall be required to intimate DGIPL or the SafeGold Partner within 10 days of receipt of the Delivered Customer Gold , and provide such other information as may be required by DGIPL in this regard (“Return Request”). In case of any complaint with respect to the Delivered Customer Gold, You shall approach SafeGold or the SafeGold Partner for resolution of the complaint within 10 days of delivery. In the event of a reverse pick up from the Customer being initiated by DGIPL, within a period of 14 (Fourteen) business days of the original package of Delivered Customer Gold being delivered back to DGIPL, in a manner indicated by DGIPL, and the Return Request being approved by DGIPL, DGIPL shall arrange for re-delivery of the Delivered Customer Gold at the shipping address indicated by You or add the same in the Customer Gold balance, as requested by You. The costs for such shipping shall be borne by DGIPL. However, in the event of frivolous and unjustified Return Requests made by You, The SafeGold Partner and/or DGIPL reserve the right to take all action available to it, including black-listing or blocking You from using the Services on the Platform.
12.6. You, upon signing the delivery receipt, acknowledge the receipt of the Delivered Customer Gold in terms of the Delivery Request placed with DGIPL. DGIPL shall not be liable to You for any refund/replacement, under any circumstance, for any subsequent complaints with respect to such deliveries and/or any failure on your part (as the case may be) to comply with these Terms.
12.7. It shall be Your responsibility to ensure that You are available to receive the Delivered Customer Gold at the time of delivery. If You are not available at the time of delivery, DGIPL courier agent may try and deliver the item again before returning the same to DGIPL. In case of return of the Delivered Customer Gold to DGIPL, Gold Account shall be credited for the Delivered Customer Gold, after deducting the charges (if any) due from You, provided however that DGIPL is of the opinion that the packaging / Delivered Customer Gold has not been tampered with. It is hereby clarified that should a request for re-delivery be made by You, You shall be solely liable to incur the applicable charges for delivering the Delivered Customer Gold.
12.8. Charges as mentioned above, shall not be applicable where there is an issue with the delivery (including late delivery/incorrect delivery) or packaging (tampering with packaging) that is not attributable to the Customer.
12.9. In case of DGIPL’s inability to make deliveries of Delivered Customer Gold due to a Force Majeure Event, You shall be intimated of the same and may require that the deliveries be effectuated through specific modes. In such a case, You hereby agree to bear any additional costs and fees necessary for the delivery to be complete.
12.10. DGIPL will not be able to deliver a fractional quantity of gold below the Threshold Quantity of 0.5 gms. (“Threshold Quantity”) even if a Delivery Request is made for such fractional quantity. You are advised to check the Platform periodically to determine the Threshold Quantity as the same may be revised from time to time. In the event that any Gold below the Threshold Quantity is to be delivered to you, then please note that such Customer Gold shall instead be sold by DGIPL based on the sale prices displayed on the Platform and You will instead receive the applicable sale proceeds in Your bank account, details of which are provided by You. If there is any mistake in the account number provided by You, The SafeGold Partner and/or DGIPL would not be held responsible for the same.
12.11. Notwithstanding anything to the contrary contained in these Terms, DGIPL shall be entitled to reject a Delivery Request which is not in compliance with the Terms hereof, and shall directly or through the SafeGold Partner intimate the Customer of the reasons for the same.
12.12. Based on the changes made to the Gold Account (in lieu of the Customer Orders and/or Customer Requests), if You are of the opinion that the changes made thereto do not tally with the orders and/or Customer Requests placed by You, You may contact The SafeGold Partner (or such other address as may be communicated by The SafeGold Partner in this regard), who shall accordingly take all necessary actions for taking care of any such identified discrepancies.
12.13. It is hereby clarified that the Customer Gold cannot be pledged or transferred by You to any other user, and the Gold Account is non-transferrable, unless specifically allowed by DGIPL. In the event of Your death, if specifically allowed by DGIPL, the title to such Customer Gold lying in the vault and the Gold Account shall transfer to Your legal heirs only after the required due diligence has been conducted. Subsequent to this, Your legal heir(s) shall be regarded as the Customer for the purpose of the Customer Gold and Gold Account thereafter and the Terms shall be applicable to Your legal heir(s).
12.14. It is hereby clarified that the Platform displays the articles that are available for Delivery. Some items may appear slightly larger or smaller than actual size due to screen defaults and photography techniques. The SafeGold Partner and DGIPL shall not be liable for any legal action on this account. It shall be the endeavour of The SafeGold Partner to ensure that all details regarding the product are clearly displayed on the Platform.
12.15. Due to reasons not directly attributable to DGIPL or The SafeGold Partner, data may be inaccurately displayed on the Platform due to some system errors on the Platform or any device used to access the Platform. The SafeGold Partner reserves the right to correct any and all errors when they do occur, at its sole discretion, and The SafeGold Partner or DGIPL shall be entitled to not honour any requests/orders placed by You based on any inaccurate or erroneous prices.
12.16. The prices quoted on the Platform are fixed and not negotiable. The prices on the Platform are also subject to change without notice to You.
13. SALE OF CUSTOMER GOLD
13.1. You may be provided an option to sell the Customer Gold during market hours based on the sale prices on the Platform. If the prices are found acceptable to You, You shall confirm the sale request, in a form and manner acceptable to DGIPL (“Sale Request”). Your Gold Account shall be debited corresponding to the quantity of the Customer Gold sought to be sold vide the Sale Request (“Sold Customer Gold”).
13.2. Within a period of 2 (Two) business days of the Sale Request being confirmed or such further period as may be required, the payment, pursuant to the Sale Request, shall be disbursed by DGIPL at the sale prices indicated at the time of placing such Sale Request. DGIPL shall arrange for such payments to be made to Your bank account, details of which are provided by You. If there is any mistake in the account number, IFSC code etc. provided by You, DGIPL would not be held responsible for the same.
13.3. It is hereby clarified that DGIPL and/or The SafeGold Partner will provide this service on a best efforts basis and only when the commercial bullion market is in operation. DGIPL and The SafeGold Partner do not in any way guarantee that this option will be available to You at all times. Further, the buyer of the Sold Customer Gold may be either DGIPL or another party (being interested in buying the Sold Customer Gold). However, DGIPL shall always be responsible to transfer the sale proceeds of the Sold Customer Gold as per the prevailing rates and as shared by DGIPL at the time of confirmation of the transaction.
13.4. You will be provided with free storage for your Customer Gold for 5 years, or for such period as more particularly stipulated by DGIPL in this regard from time to time at its sole discretion and notified to Customers on the Platform (“Free Storage Period”). After the expiry of the Free Storage Period, DGIPL shall be entitled to levy storage charges for such Customer 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.
13.5. While reasonable efforts will be made to offer You a competitive price for the Customer Gold, there is no guarantee that the price offered to You will be close to or comparable with other prices available in the market.
14. FRAUDULENT TRANSACTIONS
14.1. The Customer should take care not to share their mobile wallet details, personal UPI pin or OTP (“Payment Information”) with any third party intentionally or unintentionally. Safegold or Safegold Partner never solicit Payment Information over a call or otherwise. Safegold/SafeGold Partner/Third Party Services/Payment Gateway partners shall not be liable for any fraud due to the sharing of such details.
14.2. In the event that an individual’s Payment Information or Payment Instrument is fraudulently utilised to purchase gold on the Platform (“Fraudulent Transaction”) from DGIPL, then DGIPL may share relevant information of such transaction with relevant government authorities or with the victims themselves where the victim approaches DGIPL through the SafeGold Partner or via proper channels including DGIPL’s customer support number and email, along with supporting documentation from the relevant public authority or Cyber Cell.
In the event that DGIPL and/or the Platform Partner have flagged any transaction or Customer account as suspicious as per their internal guidelines, or where it is found that a Customer has utilised Payment Information or a Payment Instrument in an unauthorised or fraudulent manner to purchase gold or undertake any other transaction on the Platform (Fraudulent User), DGIPL and/or the Platform Partner shall be entitled to:
i. request further KYC information or other documentation from the User to verify the flagged transaction;
ii. pending further verification, block such Fraudulent User, and/or freeze any accounts associated with them;
iii. reverse any such Fraudulent Transaction, to the extent possible, including the sale of any gold purchased by such Fraudulent User, at the prevailing rate; and
iv. provide information on such Fraudulent User, along with any other transaction details, to the relevant authorities.
14.3. In the event of a Fraudulent Transaction , DGIPL and/or the Platform Partner, shall make a reasonable effort to assist the User or victim in recovering their funds, subject to supporting evidence and documentation being provided upon request. DGIPL shall be entitled to transfer the User or victim’s funds, less any payment gateway charges that are not refunded by third party payment service provider or bank.
14.4. However, it is clarified that DGIPL shall not be obligated to reverse any transaction where the 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, DGIPL shall, to the best of its ability, provide any information on the fraudulent User, including the bank account or Mobile Wallet account to which funds have been settled, or the physical address to which the gold has been delivered, to the victim or the relevant authorities.
15. USE OF THE PLATFORM AND SERVICES
15.1. You acknowledge that the Services are for Your personal use and agree not to publish the gold prices or descriptions of gold and/or any other information displayed on the Platform (in lieu of Your access to the Platform) on any other medium. You shall not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Services.
15.2. Subject to these Terms and the Privacy Policy, You hereby grant to DGIPL and The SafeGold Partner a non-exclusive, worldwide, royalty-free right to (a) collect, store and transmit Your data, in each case solely to the extent necessary to provide the Services to You, and (b) share Your data or interact with other people, to distribute and publicly perform and display Your data as You direct, in order to provide the Services. You provide Your consent to the SafeGold Partner as may be required under applicable law for the use and/or sharing of any data generated by You when purchasing Gold or otherwise using the Platform for any services related to the purchasing of the Gold, with regulatory/government or judicial bodies or in such manner as the SafeGold Partner may stipulate in this regard. The SafeGold Partner may share Your data with DGIPL, who, in turn, may share Your data with the Trustee Administrator as required to fulfil their obligations as a Trustee Administrator. Your data will continue to be governed by confidentiality obligations outlined in Section 22.
15.3. You represent and warrant that: (i) You have obtained all necessary rights, releases and permissions to provide all Your data to the SafeGold Partner and DGIPL and to grant the rights granted to the SafeGold Partner and DGIPL in these Terms and (ii) Your data and its transfer to and use by the SafeGold Partner and DGIPL as authorized by You under these Terms do not violate any laws or rights of any third party, including without limitation any intellectual property rights, rights of privacy, or rights of publicity, and any use, collection and disclosure authorized herein is not inconsistent with the terms of any applicable privacy policies. Other than its security obligations under these Terms and the Privacy Policy, the SafeGold Partner and/or DGIPL assume no responsibility or liability for Your data, and You shall be solely responsible for Your data and the consequences of using, disclosing, storing, or transmitting it.
15.4. The SafeGold Partner and/or DGIPL shall not be held liable for any loss of data, technical or otherwise, information, or for particulars supplied by You, due to the reasons beyond its control like corruption of data or delay or failure to perform as a result of a Force Majeure Event.
15.5. DGIPL shall have the sole discretion to determine the locations and pin codes it may want to serve.
15.6. The provision of Services may be interrupted, including for maintenance, repairs, upgrades, or network or equipment failures. The SafeGold Partner and DGIPL strives to keep the Services up and running; however, all online services suffer occasional disruptions and outages. the SafeGold Partner and DGIPL are not liable for any disruption or loss You may suffer as a result.
15.7. DGIPL may discontinue some or all of the Services, including certain features and the support for certain devices and platforms, at any time.
16. SUSPENSION / CLOSURE OF GOLD ACCOUNT
16.1. DGIPL may, in conjunction with the SafeGold Partner, and without specific recourse to the Customer, suspend Gold Account of Customers, if there appears to be a fraudulent or suspicious activity in the account. If the SafeGold Partner and/or DGIPL are of the opinion that You are involved in any unlawful activity or the Gold Account is used for any unlawful purpose, the SafeGold Partner and/or DGIPL shall have the right to take all actions available to it, including black-listing or blocking You from using the Services on its Platform or blocking Your access to the Services through the Platform or intimating the relevant authorities of such unlawful activities.
16.2. Your Gold Account may be closed in the event that the arrangement between DGIPL and the SafeGold Partner is terminated or otherwise the SafeGold Partner decides to discontinue the relationship with DGIPL. In such an event, the SafeGold Partner and DGIPL may sell back the accumulated Gold/redeem back the accumulated Gold or necessary measures may be taken to ensure continuity of your Gold Account.
16.3. Each of the SafeGold Partner and DGIPL shall not be held liable / responsible, in any manner whatsoever, for any loss / liability arising out of or relating to any technical failure / issue in Platform and / or acts / omission not attributable to it.
16.4. You shall inform immediately, in any case no later than 10 (ten) days of the transaction, of any irregularities or discrepancies that may exist in Your Gold Account, failing which it shall be deemed that there is no error or discrepancy in the account. All records maintained by the SafeGold Partner and/or DGIPL, in electronic or documentary form of the instructions of the Customer and such other details (including, but not limited to payments made or received) pursuant to the Terms, shall as against the Customer, be deemed to be conclusive evidence of such instructions.
17. FEES
17.1. You hereby agree that You shall be liable for all fees and charges associated with the use of the Platform and Services. Further, details of the fees payable (including, but not limited to the terms pertaining to such fees and the quantum thereof), have been set out on the Platform. Please note that the fees and charges may be revised from time to time, and it would be Your responsibility to view the Platform to check the then current fees and charges payable.
17.2. It is hereby clarified that fees and charges, once paid, are non-refundable.
17.3. All payments made for the use of the Platform and/or purchase of Customer Gold by You shall be compulsorily in Indian Rupees.
17.4. While availing any of the payment method/s available on the Platform for availing the Services, the SafeGold Partner and DGIPL shall not be responsible for or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to:
a. Lack of authorization for any transaction(s), or
b. Exceeding the present limit mutually agreed by You and between bank/s and/or other institutions used by you in making payment, or
c. Any payment issues arising out of the transaction, or
d. Rejection of transaction for any other reason(s) whatsoever.
17.5. DGIPL may temporarily/permanently suspend/terminate the Gold Account or refuse access in case of non-payment of fees due by You. Without limitation to the other rights and remedies available to DGIPL, it also reserves the right to take legal action for the same.
18. MEMBER ELIGIBILITY
Use of the Platform and/or the Services is available only to Persons who can enter into legally binding contracts under the Indian Contract Act, 1872 and to Persons resident in India. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents and persons of unsound mind are not eligible to use the Platform or the Services. Any person under the age of 18 shall not register on the Platform and shall not transact on or use the Platform in relation to or for any Services. DGIPL reserves the right to terminate any Person’s membership and/or refuse to provide such Person with access to the Platform and/or any Services if it is brought to DGIPL’s notice or if it is discovered that such Person is not eligible to use the Platform and/or any Service.
19. ABSENCE OF RELATIONSHIP
19.1. You represent and warrant to the SafeGold Partner and DGIPL that you have sufficient experience and knowledge to make informed decisions to purchase / sell Gold. You acknowledge that you have not relied on any information made available either by the SafeGold Partner or DGIPL and that the SafeGold Partner or DGIPL is not making any recommendation with respect to such purchases / sale-back of Gold. No relationship other than seller-purchaser, including, without limitation, any agent-principal relationship, any advisor-advisee relationship, any employee-employer relationship, any franchisee-franchisor relationship, any joint venture relationship or any partnership relationship, exists between you and the SafeGold Partner and/or DGIPL.
19.2. You acknowledge that DGIPL and the SafeGold Partner are not providing / dealing in / offering any investment product and does not offer any guarantee / assured returns. You further acknowledge that value of Gold may vary depending on various factors and forces.
20. ELECTRONIC ORDER RISKS
Commercial internet service providers are not 100% reliable and a failure by one or more of these providers may affect internet-based order entry. You acknowledge that the order entry system is an electronic mechanical system and as such may be subject to failure beyond the control of the SafeGold Partner or DGIPL. Therefore, the SafeGold Partner or DGIPL shall not be responsible for errors, negligence, inability to execute orders, delays in transmission, delivery or execution of order due to breakdown or failure of transmission or communication facilities (including in any device used to connect to the Platform), or to any other cause beyond Distributing Partner’s or DGIPL’s control or anticipation.
21. FEEDBACK
21.1. The Platform may allow You to post Your review and experience of using the Platform ("Reviews") in order to improve the Platform and the user experience.
21.2. You, being the originator of the Reviews, are responsible for the Reviews that You upload, post, publish, transmit or otherwise makes available on the Platform. You represent that all such Reviews will be in accordance with applicable law. You acknowledge that The SafeGold Partner and/or DGIPL does not endorse any Reviews on the Platform and is not responsible or liable for any Reviews. The SafeGold Partner reserves the right to disable access to the Reviews on the Platform.
21.3. You hereby grant the SafeGold Partner and/or DGIPL a perpetual, non-revocable, worldwide, royalty-free and sub-licensable right and license to use, copy, distribute, display, publish, transmit, make available, reproduce, modify, adapt the Reviews in any manner as deemed appropriate by the SafeGold Partner and/or DGIPL in any form including but not limited to print, broadcast, online and across any and all websites and platforms owned by the SafeGold Partner.
21.4. You further represent and warrant that while posting any Reviews on the Platform You shall not use any offensive, libellous, derogatory, hateful or racially or ethnically objectionable language. Further, You shall not post any content on any part of the Platform that is obscene, pornographic, constitutes an “indecent representation of women” as provided in the Indecent Representation of Women (Prohibition) Act, 1986.
22. CONFIDENTIALITY
As elaborated under the Privacy Policy, the SafeGold Partner and DGIPL will keep all confidential information confidential, including Your personal information, and shall not disclose it to anyone except as required by law, and shall ensure that such confidential information is protected with security measures and a degree of care that it would apply to its own confidential information. the SafeGold Partner and DGIPL acknowledges that its employees, directors, agents and contractors shall use the confidential information only for the intended purpose for which it is provided. The SafeGold Partner and DGIPL shall use all reasonable endeavours to ensure that its employees, directors, agents and contractors acknowledge and comply with the provisions of these Terms of confidentiality as if such person was subject to these Terms of confidentiality.
23. CONTENT AND INTELLECTUAL PROPERTY RIGHTS
23.1. DGIPL solely and exclusively owns respective copyrights, trademarks, service marks, logos, trade names, and other intellectual and proprietary rights associated with the Services provided by DGIPL and displayed on/accessed on the Platform and is protected under Indian law.
23.2. You hereby acknowledge that the Services constitute original works and have been developed, compiled, prepared, revised, selected, and arranged by DGIPL respectively through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitutes valuable intellectual property of DGIPL and such others. You thereby agree to protect the proprietary rights of DGIPL during and after the term of these Terms. You may not selectively download portions of the Platform without retaining the copyright notices. You may download material from the Platform only for the purpose intended by these Terms.
23.3. Any infringement shall lead to appropriate legal proceedings against You at appropriate forum for seeking all available remedies under applicable laws of the country.
24. LINKS TO/FROM THIRD-PARTIES' WEBSITES/APPLICATIONS
The Platform may contain links and interactive functionality interacting with the websites of third parties. Neither the SafeGold Partner, nor DGIPL, is responsible for and or has any liability for the functionality, actions, inactions, privacy settings, privacy policies, terms, or content of any such websites. Before enabling any sharing functions to communicate with any such website or otherwise visiting any such website, DGIPL strongly recommends that You review and understand the terms and conditions, privacy policies, settings, and information-sharing functions of each such third-party website.
25. INDEMNIFICATION
You hereby agree to indemnify and keep the SafeGold Partner and DGIPL indemnified from and against all actions, claims, demands, proceedings, losses, damages, costs, charges and expenses, directly or indirectly, whatsoever (“Losses”) which the SafeGold Partner and/or DGIPL and/or its employees, agents, workers or representative may at any time incur, sustain, suffer or be put to as a consequence of or by reason of or arising out of: (i) the usage of the Platform and/or any device used by the Customer to access the Platform; (ii) by reason of the SafeGold Partner and/or DGIPL acting in good faith and taking or refusing to take or omitting to take action on the Customer's instructions, and in particular arising directly or indirectly out of the negligence, mistake or misconduct of the Customer; (iii) breach or non-compliance of the Terms and relating to the Gold Account; and/or (iv) fraud or dishonesty relating to any transaction by the Customer.
26. DISCLAIMER OF WARRANTIES
26.1. ALL INFORMATION, CONTENT, MATERIALS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE PLATFORM (COLLECTIVELY, THE "CONTENTS") ARE PROVIDED BY DGIPL AND THE SAFEGOLD PARTNER ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. DGIPL AND/OR THE SAFEGOLD PARTNER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE PLATFORM, THE ACCURACY OR COMPLETENESS OF THE CONTENTS AND THE ACCURACY OF THE INFORMATION. DGIPL AND/OR THE SAFEGOLD PARTNER 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. DGIPL AND/OR THE SAFEGOLD PARTNER WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE PLATFORM OR THE SERVICES OR THE CONTENTS INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. TO THE FULL EXTENT PERMITTED BY LAW, DGIPL AND/OR THE SAFEGOLD PARTNER DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE PLATFORM (OR ANY PART THEREOF) AND ITS CONTENTS, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE OR USE.
27. LIMITATION OF LIABILITY
You hereby acknowledge that DGIPL and/or The SafeGold Partner (including but not limited to its, directors, employees, agents or partners) shall not be held liable to You for any special, consequential, incidental, and exemplary or punitive damages, or loss of profit or revenues. DGIPL and/or The SafeGold Partner shall also not be liable under any circumstances for damages arising out or related in any way to Your inability to access, or Your difficulty in accessing the Platform to avail of any Services, any bugs, viruses, trojan horses, or the like, which may be transmitted to or through the Platform by any third party, any loss of Your data, any claim relating to Your data or content from the Services and/or Your failure to keep the Gold Account Information secure and confidential. You further agree that DGIPL shall not be held responsible in any manner whatsoever for any and all acts or omissions of The SafeGold Partner, any Intermediaries or any other third party whosoever including (but not limited to) any person whose device has been used by You to access the Platform and/or any person appointed/nominated by The SafeGold Partner for the purposes of accepting/collecting any payments from You for the purchase of Gold. Likewise, The SafeGold Partner shall not be held responsible in any manner whatsoever for any and all acts of any third party, DGIPL or other Intermediaries.
28. AMENDMENTS, ACCEPTANCE OF TERMS
28.1. DGIPL reserves the right, to change, modify, add or remove portions of these Terms at any time. and such changes shall be 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.
28.2. Accessing, browsing or otherwise using the Platform indicates Your agreement to all the terms and conditions under these Terms. You are advised to read these Terms carefully before proceeding. By impliedly or expressly accepting these Terms, You also accept and agree to be bound by all policies, including but not limited to the privacy policy of the SafeGold Partner and DGIPL (“Privacy Policy”), as amended from time to time. You can view and read the Privacy Policy of the SafeGold Partner at the Platform and the Privacy Policy of DGIPL at www.safegold.com.
28.3. You may not use the Platform or avail of the Services if You do not accept the Terms or are unable to be bound by the Terms. As a condition of Your access to and use of the Platform or the provision of any Services to You using the Platform, You agree that You will comply with all applicable laws and regulations when using the Platform. If DGIPL is of the opinion that the Gold Account is being used by You for any unlawful purpose, DGIPL shall have the right to take all actions available to it, including black-listing or blocking You from using the Services through the Platform or intimating the relevant authorities of such unlawful activities.