TERMS AND CONDITIONS

1.    Introduction

1.1.    These terms and conditions (“Terms of Use”) are applicable to the access and/or use of the Application/Platform of Gajari Jeweller, a Partnership Firm incorporated under the Indian Partnership Act 1932, having its registered office at Shop no. A-2, Yashomangal Shopping Centre, Achole Road, Nalasopara (East), Palghar  Maharashtra – 401209 (together with its successors and assigns).

1.2.    The Platform offers Services (as defined below) like buying, selling, Gifting (as defined below), creation of Systematic Investment Plan (as defined below) and redemption of such purchased Bullion (as defined below). The purchased Bullion can be redeemed from the retail store of the Jeweller/Seller or upon placing the redemption request of such Bullion/product in such forms as desired by the Customer (as defined below).

1.3.    This Term of Use is published in pursuance to Rule 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 whereby intermediaries are required to publish terms and conditions along with privacy policy  (Refer Privacy Policy Section) for disclosure of relevant information to the prospective and existing Customers of the Platform.

1.4.    The Platform hereby clarifies that it does not provide any returns or interest with respect to the transactions being materialized through the Platform’s interface. It shall be the responsibility of the Customer to understand the business, transactions, undertake comprehensive due diligence and read all the documents published and recommended by the Platform prior to interacting/transacting on the Platform.

1.5.    The Jeweller shall carry out all actions required for the purchases and other transactions made by a Customer using the Platform.

2.    Definitions

In these Terms of Use, wherever the context so requires, capitalized words and phrases used have the meanings ascribed to them below:

2.1.    “Benami Property Transaction Act, 1998” means the Benami Property Transaction Act, 1998 and allied Rules as amended from time to time;

2.2.    Bullion” means precious metals like Gold, Silver and/or Platinum  purchased by the Customer from the Platform which shall be in the custody of the Jeweller/Seller (as defined below);

2.3.    “Content(s)” includes but is not limited to information available on the Platform, instructions and materials with respect to the Services provided by the Platform, figures and statistics laid down with respect to the Bullion or any other information furnished by the Platform to the public at large;

2.4.     “Customer” means an individual resident in India and Non-Resident Indian, who intends to avail the Jeweller’s Services using the Platform and is registered as a ‘Customer’ on the Platform and has completed the KYC compliance;

2.5.     “Customer Bank Account” means the Customer’s account maintained with a bank in India, details of which have been furnished by the Customer on the Platform;

2.6.    “Customer InstaBullion Account” means the Customer’s Bullion savings account opened and maintained with the Platform in accordance with these Terms of Use;

2.7.    “Customer Default” shall have the meaning ascribed to it in Section 17.1;

2.8.    “Customer InstaRedeemable Product” means the Bullion, coins, jewellery and/or any instruments (in accordance to the applicable laws) to be chosen by the Customer from options made available by the Jeweller/Seller on the Platform and/or at the Jeweller’s/Seller’s retail store;

2.9.    “Configured Amount” shall have the meaning ascribed to it in Section 8.2;

2.10. “Displayed Price” shall have the meaning ascribed to it in Section 5.11;

2.11. “Force Majeure Event” shall include, without limitation, epidemic, cyclone, earthquake, flood, fire, any act of God, war, riots, work stoppage, epidemics, natural disasters notified by the local government which results in shutdown of business, shortage of materials, civil unrest, strikes, lockouts, abnormal price volatility or disruption in the commodity (including Bullion) indices (whether in India or globally), requirement or order or notification or clarification or judgment etc., of any government or any authority or representative of any such government authority which negatively impacts the business model of the Jeweller/Seller and the Platform, computer hacking, computer crashes, virus attacks, breach of security and encryption, or any other similar events not within the control of the Platform and/or the Jeweller/Seller and which the Platform and/or the Jeweller/Seller is unable to overcome;

2.12. “Free Storage Period” shall have the meaning ascribed to it in Section 7.2;

2.13. “Gifting” shall have the meaning ascribed to it in Section 6.1;

2.14. “Income Tax Act, 1961” means the Income Tax Act, 1961 and allied Rules as amended from time to time;

2.15. “Indian Contract Act, 1872” means the Indian Contract Act, 1872 and its allied Rules and any amendments thereof;

2.16. “Information Technology Act, 2000” means the Information Technology Act, 2000 and allied Rules as amended from time to time;

2.17.  “Jeweller/Seller” means an individual or an entity who shall be responsible for creating an inventory of precious metals/Bullion and shall be the temporary safe-keeper of the Bullion purchased by the Customer until redemption or any other role assigned to him through this Terms of Use;

2.18. “Money Laundering Act, 2002” means the Money Laundering Act, 2002 and its allied Rules and any amendments thereof;

2.19. “Non-Resident Indian” means, in accordance to Section 115C (e) of Income Tax Act, 1961;

2.20. “OTP” shall mean one time password generated by the Platform;

2.21. “Passbook” means a feature on the Platform that reflects the details of transaction(s) made by the Customer to the Jeweller/Seller for the purposes of buying, selling, Gifting, creation of SIP or availing any features of the Platform;

2.22. “Payment Gateway” shall mean any electronic modes of payment for the transmission or payment of money;

2.23. “Secure Vault” means a feature on the Platform that reflects the quantity of Bullion that the Customer holds in his Customer InstaBullion Account;

2.24. “Services” means any Services offered by the Platform in respect of the Bullion;

2.25. “Systematic Investment Plan” shall have the meaning ascribed to it in Section 8.1;

2.26. “Transaction “shall have the meaning ascribed to it in Section 5.5;

2.27. “Vault Keeper” shall have the meaning ascribed to it in Section 7.1; and

2.28. “You” or “Your/s” as may be used in these Terms of Use, refers to a Customer.

3.    Access to the Platform

3.1.    Upon availing the Services of the Platform, browsing, accessing the Platform, or Your continuance to use the Platform hereby implies that You agree with these Terms of Use and privacy policy (Refer Privacy Policy Section) including any amendments thereof. The Platform highly suggests You to carefully read these Terms of Use and other supplementing document(s) provided by the Platform before continuing to use the Platform and availing the Services of the Platform;

3.2.    The Platform reserves the right, at its sole discretion, to change, modify, add or remove these Terms of Use or any part thereof, at any time by updating the Platform and notifying the same to You. It is Your sole responsibility to review the updated Terms of Use based on update notifications received from Platform. Your continued use of the Platform or any Services following the notification of changes shall constitute Your explicit acceptance of such revisions. As long as You comply with these Terms of Use, Platform grants You a personal, non-exclusive, non-transferable, limited license to use the Platform;

3.3.    You may not use the Platform or avail of the Services using any part of the Platform if You do not accept or are unable to be bound by these Terms of Use. 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 Platform is of the opinion that the Platform is being used by You for any unlawful purpose, Platform shall have the right to take all action available to it, including black-listing or blocking You from using its Services on its Platform or blocking Your access to the Services through other means and intimating the relevant authorities of such unlawful activities;

3.4.    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 citizens of India, including Non-Resident Indians. 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;

3.5.    Any person under eighteen (18) years of age is not eligible to directly register on the Platform and shall not transact on or use the Platform in relation to or for any Services. Legal guardians of persons below eighteen (18)  years of age may however register on, transact and use the Platform on behalf of their wards. In respect of such accounts, the following shall apply: (i) the parent/legal guardian hereby undertakes that the use of the Platform and/or the Platform’s Services shall at all times be for the benefit of the minor and Platform shall honour any Transactions / instructions on the assumption that the same are being carried out / provided by the parent/legal guardian for the benefit of the minor without independent verification thereof; (ii) the parent/legal guardian shall indemnify Platform against any and all claims/losses arising on account of use of the Platform and/or Services for and on behalf of the minor; and

3.6.    The Platform reserves the right to terminate any person’s registration/Customer InstaBullion Account and/or refuse to provide such person with access to the Platform and/or any Services if it is brought to Platform’s notice or if it is discovered that such person is not eligible to use the Platform and/or any Service.

4.    Registration

4.1.You shall avail Services directly on the Platform’s android, iOS applications and the website;

4.2. In order to register Yourself as a Customer, You shall provide Your mobile number and an OTP will be sent to Your mobile number. Pursuant to entering the OTP, You can log onto the Platform and create an account to avail the Services of the Platform;

4.3.The Customer shall receive an OTP every time they log onto the Platform through their registered mobile number. In case of inactivity on the Platform, the Customer will have to re-enter their registered mobile number and enter the OTP as per the system’s requirements;

4.4.Prior to availing any Services after logging onto the Platform, You are required to open a Customer InstaBullion Account. Opening a Customer InstaBullion Account is subject to Customer authentication as may be required by the Platform;

4.5.As a part of the registration process, You will be required to provide certain details, including Your mobile phone number, Your e-mail address, postal address, Customer Bank Account and/or UPI details and any other information as prescribed by Platform on the account opening/registration form to be submitted by You. These details provided by the Customer shall be governed by the privacy policy published by the Platform;

4.6.You shall: (i) register and set up a Customer InstaBullion Account  for Your own use only and shall not use the Platform on behalf of another person unless in case of a minor; (ii) ensure that all information furnished by You to Platform is true, accurate and complete at all times. It shall be the Customer’s sole responsibility to inform the Platform in case of change(s) in the details provided by the Customer;

4.7. In order to discontinue the Customer InstaBullion Account, the Customer shall place a deletion request to the Jeweller/Seller using the contact information/mode mentioned on the Platform by the Jeweller/Seller. Upon placing such a request, the Customer shall firstly redeem the Bullion from the Customer InstaBullion Account by choosing a means of redemption as provided in Section 9 of these Terms of Use; and

4.8.  Upon successful completion of the redemption process, the customer shall send a request of account deletion Jeweller/seller which will further the deletion process.

5.    Transaction

5.1.     A Customer can place an order starting at Rs.1 (One Only) at the Displayed Price (as defined in Clause 5.11) of the Bullion as shown on the Platform;

5.2.     The Platform will continuously provide the buy / sell price for the Bullion on the Platform. The buy / sell price and the spread between them are subjected to change based on various factors including price volatility, supply factors, external market conditions, etc;

5.3.     Please note that the maximum Bullion that can be purchased in a twenty-four (24) hour period is 20 grams;

5.4.     In case the Customer has complied with the Know Your Customer (“KYC”) guidelines, they can purchase Bullion worth 100 grams per day. In case KYC requirements are not complied with by the Customer, they will be able to transact only upto Rs. 1,90,000/- (Rupees One Lakh Ninety-Nine Thousand Only) for the year on the Platform;

5.5.     In the event of a Customer purchasing Bullion of or above INR 2,00,000/- (Indian Rupees Two Lakh Only) in a year (or such limits as maybe modified from time to time in accordance with applicable laws) pursuant to relevant Income Tax Rules, which mandates to deduct tax at source for such a purchase, such an order shall not be processed by the Platform unless Customer provides his/her Permanent Account Number (“PAN”) or furnishes an accurately filled PAN Form 61;

5.6.     You can purchase Bullion on any day at the Displayed Price of the Bullion shown on the Platform. “Displayed Price” means the price determined by the Jeweller/Seller and notified on the Platform on timely basis throughout the course of the day;

5.7.     The Displayed Price of Bullion would be an invitation to purchase Bullion at the said Displayed Price to all Customers. The Displayed Price of the Bullion shall vary multiple times through-out the day. The Customer shall be required to make payment in accordance to the prices prevailing at the time the Transaction is placed;

5.8.     Upon placing a request for purchase of Bullion (“Transaction”) by the Customer, the Transaction is automatically processed on the Platform;

5.9.     Upon placing the Transaction, You will be required to make payment, by being redirected to a Payment Gateway. The rates provided at a given time shall apply to Transactions effected at that time, provided funds are received by the Jeweller/Seller within the prescribed cut-off times;

5.10.  Payment will be accepted through the Payment Gateway made available on the Platform, hosted by other third-party website or platform. Payment can also be made via cash at the retail store of the Jeweller/Seller as mention in Section 5.13. For Transactions through Payment Gateway, processing fee may be levied on select/all payment options. At the time of purchase of Bullion/payment for the Systematic Investment Plan (as defined below), Goods and Services Tax (“GST”) shall be levied along with any other relevant taxes chargeable as per the government regulations;

5.11.  A Transaction once placed cannot be cancelled. However, the Transaction shall stand cancelled automatically if payment is not received by the Jeweller/Seller for any reason whatsoever. In case of rejection of a Transaction, where payments have been received by the Jeweller/Seller, such payments shall be refunded to Your Customer Bank Account or the source from where the payment originated, within reasonable time;

5.12.  Once the payments are received by the Jeweller/Seller, the Platform shall issue a GST invoice. The Passbook and the Secure Vault on the Platform will be updated instantly;

5.13.  The Platform provides payment for the Bullion purchased (for all the Services provided by the Platform) via offline mode in cash to the Jeweller/Seller at his retail store. While buying the Bullion, the Customer shall choose the offline payment option made available on the Platform for the Customer to avail this mode of payment;

5.14.  Upon reaching the Jeweller’s/Seller’s retail store and furnishing the payment for the Bullion to be purchased via offline mode, the Jeweller/Seller shall generate an OTP and convey the OTP to the Customer. The Customer shall enter the OTP on the Platform after making the payment to the Jeweller/Seller; and

5.15.  The Transaction via offline mode shall be complete upon the Customer receiving the final invoice from the Jeweller/ Seller and after the Passbook and Secure Vault are updated on the Platform.

6.     Gifting

6.1.    Customers can send Bullion as a gift to other persons who currently are/ are not the Customers of the Platform (“Gifting”). Customers can only gift in milligrams/grams after mentioning the quantity of Bullion to be gifted along with the phone number of the person to whom the Bullion is to be gifted;

6.2.    The Customer will only be able to gift the quantity of Bullion that they own on the Platform. The Customer can gift Bullion only upon the expiry of three (3) business days from the date of purchase of such Bullion that is to be gifted;

6.3.    The Customer in order to gift Bullion to another person (whether a Customer or not) shall provide mobile number of such person;

6.4.    In case, the person to whom the Bullion is gifted is not a Customer, the recipient shall be contacted by the Jeweller/Seller via SMS, call, WhatsApp or any other form of communication, informing them to create a Customer InstaBullion Account on the Platform to receive the gifted Bullion;

6.5.    The recipient of the gifted Bullion will have fifteen (15) days to accept the gift by becoming a registered Customer of the Platform. During such fifteen (15) day period, the Jeweller/Seller shall temporarily allocate the gifted quantity of Bullion in the name of the recipient. The recipient upon becoming the Customer can accumulate, redeem, sell back, or gift the Bullion received as gift as per these Terms of Use, which may be amended from time to time;

6.6.    In case the recipient does not become a Customer on the Platform on completion of the fifteen (15) day period, the Platform will reverse the gifted Bullion to the sender. The Customer will not be able to cancel the Transaction in the event of the recipient not becoming a Customer of the Platform; and

6.7.    The Customer Gifting Bullion on the Platform understands and confirms that the Bullion is gifted for a legitimated purpose permitted under the applicable laws. 

7.    Storage

7.1.    Bullion purchased for a Customer corresponding to a Transaction shall be stored on behalf of the Customer by the Jeweller/Seller in his safety vaults (“ Vault Keeper”);

7.2.    You will be provided with “Free Storage” for the Bullion purchased from the Platform for a period of three (3) years, or for such period as more particularly stipulated by Jeweller/Seller on the Platform at its sole discretion;

7.3.    After the expiry of the Free Storage period, the Platform shall be entitled to levy storage charges for such Bullion at such rate as would be specified on the Platform, and which may be revised from time to time by the Platform. The charges would be levied by deducting from the Customer InstaBullion Account [RN7] 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;

7.4.    In the event that Platform is not able to deduct the storage charges because Your Customer InstaBullion Account is too low, then the Jeweller/Seller shall be entitled to sell such portion of Bullion stored with the Jeweller/Seller in the secure vault that is necessary or required to recover the unpaid storage charges in question;

7.5.    While reasonable efforts will be made to offer You a competitive price for Your Bullion, there is no guarantee that the price offered to You will be close to or comparable with other prices available in the market;

7.6.    You hereby authorize the Jeweller/Seller to safe keep the Bullion purchased and/or any Customer InstaRedeemable Products that may need to be placed in safe custody; and

7.7.    The Jeweller/Seller shall obtain necessary insurance policies to adequately insure all assets stored in the vaults for a Customer. The Jeweller/Seller shall bear the cost of obtaining and maintaining such insurance cover.

8.    Systematic Investment Plan

8.1.    “Systematic Investment Plan” (hereinafter referred to as “SIP”) refers to accumulation of the Bullion over such periods as desirous by the Customer. The SIP enables the Customer to buy the Bullion of a certain amount for the period chosen by them to accumulate the Bullion at periodic intervals;

8.2.    “Configured Amount” means the SIP amount decided by the Customer at the beginning of the SIP tenure, subject to the minimum set by the Jeweller/Seller on the Platform from time-to-time. The Customer can also start an SIP for any value above the minimum value, at the start of the SIP;

8.3.    In order to avail SIP Service provided by the Platform, the Customer will have to fill in a simple form specifying the precious metal which the Customer wishes to accumulate along with additional information required and submit the form. After successfully submitting SIP application, the Customer will get a confirmation via SMS/e-mail/other communication channels and/or in-App notifications;

8.4.    There is no minimum period or span for which the Customer has to commit to the Jeweller/Seller and the Platform for the SIP. You can pay the Configured Amount for as long as You wish to continue to accumulate the Bullion;

8.5.    The Jeweller/Seller shall not levy any entry and/or exit charges on the Customer;

8.6.    It must be duly noted by the Customer that the Jeweller/Seller does not offer or commit and will not furnish any interest over the accumulated Bullion at the end of the SIP period;

8.7.    You can, in accordance to Your circumstances pause or delay the payment of certain instalments of the SIP. You are free to cancel the SIP at any time as per Your convenience. No charges shall be levied on account of cancelling the SIP;

8.8.    The Customer gets an option to buy Bullion in the existing SIP by making either single or multiple advance payments for the instalments in the SIP;

8.9.    The Customer can choose the SIP date cycle from any date of a particular calendar month as the Customer pleases.

8.10. The Customer cannot change the Configured Amount for the SIP;

8.11. The Jeweller/Seller provides You with a hybrid payment option which can be utilised as per Your convenience. Every month You shall be provided the following two options:

8.11.1. Online Payment: You can either activate e-mandate (whereby every month the stipulated amount will be auto-debited from Your Customer Account) or You will have to make payment via the Platform through the Payment Gateway by following the instructions laid down on the Platform; and/or

8.11.2. Offline Payment: You can visit the Jeweller’s/Seller’s retail store on the stipulated date to furnish Your SIP payment. You can select the offline payment option, follow the instructions provided for payment of cash to the Jeweller/Seller. An OTP will be sent to the Jeweller/Seller which shall be conveyed to You. Upon making the cash payment and entering the said OTP, the payment will be reflected in Your Passbook.

8.12. The SIP Configured Amount shall be inclusive of GST and other applicable taxes;

8.13. During the SIP, the frequency of buying is once per month. For instance, if the Customer chooses the SIP Configured Amount to be Rs 1,000 (Rupees One Thousand Only) per month, this Configured Amount of Rs. 1,000 (Rupees One Thousand Only) is utilized for purchasing the Customer specified Bullion as per the Displayed Price of the Bullion on the date on which the SIP Configured Amount was paid;

8.14. Once the Configured Amount is credited from the Customer’s Bank Account, the Bullion amounting to the said value shall reflect in the Passbook and the Secure Vault on the Platform instantly and shall be ready to be redeemed at the Jeweller’s/Seller’s retail store after three (3) days of the Bullion reflecting in the Customer InstaBullion Account; and

8.15. For redemption of the accumulated Bullion, please refer to Section 9 mentioned hereunder.

9.    Redemption of the Bullion

9.1. You may choose to, (i) sell back partially or fully to the Jeweller/Seller, Bullion for cash into Your Customer Bank Account/UPI account, or (ii) redeem Bullion for any Customer InstaRedeemable Products. It is hereby clarified that Your purchase of the Customer InstaRedeemable Products corresponding to a redemption request shall be deemed to be completed and title in relation thereto shall be deemed to have been passed to You, upon entering the redemption OTP at the retail store of the Jeweller/Seller. In order to redeem the Bullion currently in the Secured Vault, the Customer shall put in a redemption request through the Platform. The Jeweller/Seller shall receive an OTP and convey the same to the Customer at the retail store for completing the redemption process.

9.2.  Redemption of Bullion for cash:

9.2.1.    You can sell Bullion on any day at the Displayed Price of the relevant Bullion shown on the Platform;

9.2.2.    It must be noted by the Customer that You shall be provided the option to sell-back Bullion only upon the expiry of at least one (1) day from the purchase of such Bullion;

9.2.3.    You will be required to place a sale order on the Platform. At the time of placing a redemption request, You must confirm details of Your Customer Bank Account; and

9.2.4.    Upon Your sale order being placed, the Platform shall process the sale of Bullion from the Bullion balance in Your Customer InstaBullion Account. Sale proceeds shall be credited directly to Your Customer Bank Account within the time period notified to You on the Platform.

9.3. Redemption of Bullion for jewellery from the Jeweller’s/Seller’s retail store:

9.3.1.    You may redeem Your Bullion balance by converting the Bullion into jewellery of Your choice from the options made available by the Jeweller/Seller at this retail store or on the Platform. You will be required to place a redemption order on the Platform;

9.3.2.     Upon reaching the Jeweller’s/Seller’s retail store, and the Jeweller/Seller having verified You as a bonafide Customer, the Jeweller/Seller shall receive an OTP. The Jeweller/Seller shall communicate to You the OTP, which You shall enter on the Platform;

9.3.3.    You may choose Your jewellery from designs available with the Jeweller/Seller on the Platform and You will be required to pay the applicable making charges and/or any balance Bullion or stone charges directly to the Jeweller/Seller at the retail store during the redemption process;

9.3.4.    You shall take the delivery of the newly prepared jewellery from the respective Jeweller’s/Seller’s store and the Jeweller/Seller may also provide You an invoice for the jewellery’s making charges, as per the requirements of the redemption;

9.3.5.    You may choose to deliver the Bullion bought by You on the Platform to the respective Jeweller’s/Seller’s store to buy jewellery available with the Jeweller/Seller in exchange for the same. For such transaction, the Jeweller/Seller shall prepare an invoice for the total amount of jewellery bought by You at the Jeweller’s/Seller’s store at the time of exchange/purchase. The value of the Bullion will be as per the rate of Bullion applicable on such date of exchange/purchase. The total amount payable by You for such form of redemption shall be the balance amount calculated by the Jeweller/Seller for the exchange/purchase and the GST on the total amount mentioned in the invoice; and

9.3.6.    Each physical redemption by You, whether for cash (being transferred to Your Customer Bank Account) or for Customer InstaRedeemable Products, shall automatically result in a corresponding physical reduction in total Bullion lying to the credit of Your Customer InstaBullion Account. Once a redemption is made as per Your instructions, Your Customer InstaBullion Account and Secure Vault will be updated accordingly for Bullion balance. In the event You have chosen to redeem Bullion for jewellery, fractional amounts for Bullion holdings of less than one (1) gram may be sold in cash in pursuance thereto will be remitted to Customer Bank Account. You may also choose to retain the fractional amounts of Bullion, as Bullion in the Customer InstaBullion Account  and not redeem the same.

9.4. Redemption of Bullion via home delivery:

9.4.1.    The Platform provides option of redeeming the purchased Bullion through home delivery Service offered by the Jeweller/Seller subject to availability of service;

9.4.2.    It must be noted by the Customer that the Jeweller/Seller will be providing the home delivery Service of the Bullion. Any queries or complaints must be co-ordinated by the Customer with the Jeweller/Seller;

9.4.3.    In order to avail the home delivery Service, the Customer shall order jewellery from the options made available by the Jeweller/Seller on the Platform and/or at his retail store or request the Jeweller/Seller to prepare new jewellery from the Bullion bought by You;

9.4.4.    In case You select to buy jewellery from the options made available by the Jeweller/Seller on the Platform and/or at his retail store, then You will be required to return the Bullion to the Jeweller/Seller at the retail store, pay the balance amount for the jewellery selected by You at the retail store (value shall be as per the applicable rate on the purchase date) along with the GST for the total purchase amount mentioned on the invoice provided to You by the Jeweller/Seller on the date of remdemption;

9.4.5.    In case, You would like the Jeweller/Seller to make fresh jewellery from the Bullion bought by You on the Platform, then You shall be required to pay for the jewellery’s making charges, as per the requirements of the redemption;

9.4.6.    Upon placing such order, an invoice shall be generated which will reflect the making charges on the jewellery selected by the Customer from the Platform, which shall be payable at the time of delivery to the delivery agent in the form of cash;

9.4.7.    In case the home delivery Service is availed while the Customer is at the Jeweller’s/Seller’s retail store, upon making cash payment for the making charges, the Jeweller/Seller shall provide You with an invoice reflecting the payment of such making charges; and

9.4.8.    The jewellery shall be delivered to the Customer within a timeline as discussed and agreed by the Customer and the Jeweller/Seller.

9.5. Customer can redeem only the products that are made available by the Jeweller/Seller through the means of the Platform and/or his retail store.

10. Customer Responsibility

10.1.    You hereby acknowledge that You will be fully responsible for all activities that occur through Your Customer InstaBullion Account;

10.2.    You will be responsible for maintaining the confidentiality of all information in relation to the Customer InstaBullion Account and shall be fully responsible for all activities that occur under Your Customer InstaBullion Account. You shall be responsible for safekeeping of Your payment information (bank account details, OTP numbers, wallet details, pin numbers etc) and You shall ensure that the same is not shared with any third party/person;

10.3.    If You are of the belief that activities in Your Customer InstaBullion Account and/ or Transactions undertaken using Your payment information are unauthorized You shall promptly notify the Platform of any such unauthorised use or any other breach of security that comes to Your attention, along with supporting proof of the same. The Platform shall endeavour to stop such Transaction, subject to being notified of the occurrence of the fraudulent Transaction. The Platform cannot reverse such transaction once it is successfully complete. The Platform would make an effort to assist in providing information concerning the fraudulent Transaction;

10.4.    To ensure security of Your personal information and account details, it is imperative that You log out (as indicated on the Platform), at the end of each session;

10.5.    Notwithstanding anything contained in these Terms of Use, the Platform will not be liable for any loss or damage arising from Your failure to comply with the aforesaid confidentiality safeguards in relation to Your Customer InstaBullion Account and/or financial/payment information. You may be held liable for losses incurred by the Platform or any Customer or visitor of the Platform due to use of the Customer InstaBullion Account  (whether or not such use is authorised by You) and/or financial/payment information, as a result of Your failure in keeping such information confidential or Your negligence;

10.6.    You shall ensure that all information provided by You in the Platform’s registration form is complete, accurate and up-to-date. You expressly covenant that You have complete rights and ownership of the Customer Bank Account/Debit Card/cash, or any other payment instruments used by You in undertaking a Transaction. Use of any other person’s account information or use of an unauthorized payment instrument for availing of any of the Services and/or for use of the Platform is expressly prohibited and shall be deemed unlawful and the Platform reserves the right to report such unlawful activities to relevant authorities; and

10.7.    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 Platform has reasonable grounds to suspect that such information is untrue, inaccurate, not current, incomplete, or not in accordance with these Terms of Use, the Platform shall have the right to indefinitely suspend or terminate or block access to the Customer InstaBullion Account on the Platform and refuse to provide You with access to the Platform.

11. Unlawful and other Prohibited Acts

11.1.      You agree, undertake and covenant that, at the time of accessing, browsing, availing the Services of the Platform or any other part of the Platform, You shall not host, display, upload, transmit or share any information that:

11.1.1.     Belongs to another person or to which You do not have any right;

11.1.2.     Is harmful, harassing, defamatory, obscene, pornographic, libellous, invasive of another person’s privacy, hateful, racially or ethnically objectionable, or otherwise unlawful in any manner whatsoever;

11.1.3.     Is misleading in any way;

11.1.4.     Involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”;

11.1.5.     Infringes upon or violates any third party’s rights including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person’s name, e-mail address, physical address or phone number) or rights of publicity;

11.1.6.     Tries to gain unauthorized access or exceeds the scope of authorized access to the Platform or any part of the Platform or to profiles, blogs, communities, account information, bulletins, or other areas of the Platform or solicits passwords or personally identifying information for commercial or unlawful purposes from other Customers of the Platform;

11.1.7.     Interferes with another Customer’s use of the Platform in any manner;

11.1.8.     Refers to any website or URL that, in the Platform’s sole discretion, contains material that is inappropriate for the Platform or any other website, contains content that would be prohibited or violates the letter or spirit of these Terms of Use;

11.1.9.     Deceives or misleads the addressee/ Customers about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; or

11.1.10.  Contains software viruses or any other computer codes, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, diminish value of, covertly intercept or steal any system, data or personal information.

11.2. The Customer understands and acknowledges that any purchase, redemption, Gifting, SIP or sale-back from the Customer InstaBullion Account  will be on instructions received by the Customer, and the Customer will not violate any applicable laws or regulations for the time being in force in or outside India. The Customer shall be solely responsible for complying with applicable laws in respect of purchase, redemption, sale-back, SIP, Gifting to another person including but not limited to the Prevention of Money Laundering Act, 2002, the Prohibitions of Benami Property Transactions Act, 1998, Income Tax Act, 1961 etc., including amendment thereof. The Platform and the Jeweller/Seller will not be liable in any manner in this regard.

12. Fraudulent Transfers

12.1. In the event the Platform has reasonable grounds to suspect You have undertaken a fraudulent Transaction or attempting to undertake a fraudulent or unauthorized Transaction, the Platform in addition to retaining the right to report fraudulent/criminal activities to the relevant authorities, shall have the right to indefinitely suspend or terminate or block access to the Customer InstaBullion Account on the Platform and refuse to provide You with access to the Platform. Such fraudulent Transactions include, but are not limited to knowingly or un-knowingly withdrawing the Bullion equivalent value/redeeming for cash the Bullion which may have been erroneously credited to Your Customer InstaBullion Account, using unauthorized payment instruments for undertaking a Transaction, using the Platform to conduct Transactions in violation of laws, using the Platform for purposes other than it is intended for, etc;

12.2. You must comply with the provisions contained in these Terms of Use and the privacy policy. The Platform reserves the right to review Your conduct at any time for compliance purposes; and

12.3. You acknowledge that the Services are for Your personal use and agree not to publish the Bullion prices or descriptions of Bullion and/or any other information displayed on the Platform (obtained through 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 software, products or other information obtained from the Services and/or the Platform.

13. Fees and Charges

13.1. Apart from the payment of Bullion purchased by You, You shall additionally have to pay GST along with any other applicable taxes as provided by the government authorities during buying and/or payment for SIP;

13.2. For Transactions through Payment Gateway, processing fee may be levied on select/all payment options;

13.3. Processing fees shall be charged by the Platform from the Customer for facilitating the Transaction between the Jeweller/Seller and the Customer; and

13.4. It shall be Your responsibility to pay the Jeweller/Seller making charges and other applicable charges that is levied in case You redeem the Bullion in Your credit in the form of jewellery. The Platform and the Jeweller/Seller shall not bear any additional expenses.

14. Provision of Services

14.1. The provision of Services may be interrupted, including for maintenance, repairs, upgrades, or network or equipment failures. The developer strives to keep the Platform up and running; however, all online services suffer occasional disruptions and outages beyond the developer’s control and the Platform or the Jeweller/Seller shall not liable for any disruption or loss You may suffer as a result;

14.2. The Platform may discontinue some or all of the Services, including certain features and the support for certain devices and platforms, at any time;

14.3. The Services by the Platform shall commence from the date of creation of the Customer InstaBullion Account, subject to these Terms of Use and privacy policy;

14.4. The Jeweller/Seller shall be responsible for the accuracy of the weight, measurement, Bullion content or fineness of the bullion and the Customer InstaRedeemable Products to be delivered and the nature and authenticity of the Bullion at the time of delivery to Customer;

14.5. The Jeweller/Seller will be the custodian on behalf of a Customer and be primarily responsible for the Bullion lying in a Customer InstaBullion Account till sale by the Customer or redemption/Gifting as per instructions of the Customer. The Jeweller/Seller shall however, have the right to utilize the services of an independent vaulting agency and/or locker facilities for storage of Bullion;

14.6. The Platform and/or the Jeweller/Seller shall not reinvest, sell, avail any further return/benefits/interests from the Bullion or Customer InstaRedeemable Products , save as instructed by the Customer or as otherwise provided in these Terms of Use;

14.7. The Jeweller/Seller shall bear all risk of loss or damages to the Bullion accumulated by the Customer till, (i) in case of redemption of Bullion for transfer of the cash to the Customer Bank Account; or (ii) in case of redemption of Bullion for Customer InstaRedeemable Products. The Platform and the Jeweller/Seller shall not be liable for any losses that may arise to a Customer if the Customer Bank Account details provided to the Platform are inaccurate; and

14.8. The Jeweller/Seller shall arrange and maintain at all times an all-risk insurance coverage, on all Bullion held on behalf of a Customer by the Jeweller/Seller, in such amounts as standard industry norms.

15. Confidentiality

As elaborated under the privacy policy , the Platform and the Jeweller/Seller 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 Platform acknowledges that its employees, directors, agents and contractors shall use the confidential information only for the intended purpose for which it is provided. The Platform shall use all reasonable endeavours to ensure that its employees, directors, agents and contractors acknowledge and comply with confidentiality obligations as if such person was subject to these Terms of Use.

16. Indemnification

You shall indemnify and hold harmless the Platform, its licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from any and all claims, demand, actions, including damages, losses, reasonable attorneys’ fees, or penalty imposed due to or arising out of Your breach of these Terms of Use and policies, Your violation of any law, rules or regulations, Your violation of the rights (including infringement of any intellectual property rights) of a third party or commission of fraud by You. This indemnification obligation shall survive indefinitely, without any limitation.

17. Termination

17.1. The Platform, at its sole discretion, may modify, suspend, or terminate access to, all or any portion(s) of the Platform for any reason including termination for breach of any of these Terms of Use or occurrence of a Customer Default (as defined below) or breach of the privacy policy[MN13] . The term “Customer Default” shall mean any default by a Customer of its obligations under these Terms of Use. You acknowledge that the termination of Your access to the Platform and Services may be affected without any prior notice in such cases, and the Platform may immediately deactivate or delete the Customer InstaBullion Account and all related information and/or bar any further access to the Customer InstaBullion Account, the Platform or the Services. The Platform at its sole discretion shall also have the right to suspend Your account without assigning any reason. However, the Platform will allow You to redeem Your Bullion in accordance with the redemption options available as per these Terms of Use;

17.2. These Terms of Use shall stand terminated:

17.2.1. If the Platform is adjudged bankrupt or declared insolvent;

17.2.2. If the Platform ceases to carry on its business;

17.2.3. Upon any corporate action (excluding any third-party corporate action), legal proceedings or other procedures or steps being taken in relation to the suspension of payments, winding up, dissolution, administration, provisional supervision or reorganization or restructuring (by way of voluntary arrangement, scheme of arrangement or otherwise) of the Platform;

17.2.4. Upon the Platform 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; or

17.2.5. 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 the Platform, 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 the Platform, or any action has been taken or suffered against the Platform towards liquidation or dissolution or similar reorganization.

17.3. Upon termination of these Terms of Use on account of insolvency or liquidation of the Platform: (1) the Bullion held in the vault to the extent of the balances lying to the credit of a Customer InstaBullion Account; and (2) the amounts remitted by the Customers to Jeweller’s/Seller’s collection account for undertaking purchase of Bullion, shall be held in trust by a Trustee appointed to act on behalf of the Customers by the relevant authorities;

17.4. The creditors of the Platform shall neither have access to the Bullion nor to the amounts lying to the credit of the Jeweller’s/Seller’s collection account;

17.5. Upon the resolution of the liquidation proceedings, the relevant authorities shall disburse the Bullion and any monies due to the Customer, to the Customer Bank Account, based on directions of the resolution professional;

17.6. The Platform shall not be liable for any discontinuation or termination of Services by any third party;

17.7. None of Your information shall remain accessible on the Platform upon termination. This information cannot be recovered by You, once Your account is terminated; and

17.8. The disclaimer of warranties, the limitation of liability, and the governing law provisions shall survive any termination of these Terms of Use.

18. Limitation of Liability

You hereby acknowledge that the Platform shall 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 or to 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 or Your failure to keep the Customer InstaBullion Account information secure and confidential. The Platform shall not be liable for any violation of privacy, theft or leakage of any data pertaining to Customer InstaBullion Account, including OTPs, from any of Your devices which could be by reason of Your negligence or hacking, phishing, vishing and the like. The Platform shall not be liable for any fraudulent Transactions undertaken on the Platform and the Customer undertakes to keep the Platform indemnified for any and all losses suffered by the Platform on account of such fraudulent Transactions. The Platform shall only be liable for the amount transferred by the Customer on the Platform.

19. Communications

19.1. You consent to the receipt of communication and newsletters from the Platform by way of e-mails, WhatsApp messages, phone calls, SMS notifications or any other means of communication. You are required to intimate the Platform immediately of any changes to Your e-mail or mobile phone number(s). By accepting these Terms of Use, You further authorize the Platform to get in touch with You for communication and promotions;

19.2. The Platform may allow You to post Your review and experience of using the Platform in order to improve the Platform and the user experience;

19.3. 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 Platform does not endorse any Reviews on the Platform and is not responsible or liable for any reviews. The Platform reserves the right to disable access to the reviews on the Platform; and

19.4. You hereby grant the Platform 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 Platform in any form including but not limited to print, broadcast, online and across any and all websites and platforms owned by the Jeweller/Seller.

20. Content and Intellectual Property

20.1. The Platform solely and exclusively owns copyrights, trademarks, and other intellectual and proprietary rights associated with the Services and Contents on the Platform;

20.2. The Jeweller/Seller solely and exclusively owns the trademarks, logo and other intellectual property with respect to the Jeweller/Seller;

20.3. You hereby acknowledge that the Services constitute original works and have been developed, compiled, prepared, revised, selected, and arranged by the Platform through the application of methods and standards of judgment developed and applied with the expenditure of substantial time, effort, and money and constitutes valuable intellectual property of the Platform. You thereby agree to respect the proprietary rights of the Platform 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 permitted by these Terms of Use. Any infringement shall lead to appropriate legal proceedings against You at appropriate forum for seeking all available remedies under applicable law; and

20.4. You will not use the Platform to directly or indirectly to develop, or to assist anyone in developing a competitive platform, service or for other competitive purposes.

21. Governing Law and Dispute Resolution

21.1. These Terms of Use shall be governed by and interpreted and construed in accordance with the laws of India. The courts of Thane shall have exclusive jurisdiction over any disputes arising under these Terms of Use.

21.2. Should the parties deem necessary, they shall also attempt to enter into mediation or conciliation proceedings to apply their best efforts to resolve the disputes amicably; and

21.3. Should such attempt to resolve disputes amicably fail, the laws of the State of Maharashtra under the jurisdiction of the High Court of Judicature at Mumbai shall prevail.

22. Disclaimers

The Contents are provided by the Platform on an “as is,” “as available” basis, without representations or warranties of any kind. The Platform 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 or the accuracy of the information. The Platform shall have no responsibility for any damage to Your computer system or loss of data that results from the download of any content, materials, document or information or any other losses incurred by You for use of the website. You expressly agree that the use of the Platform is at Your sole risk. The Platform 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. To the full extent permitted by law, the Platform 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.

23. Assignments

You expressly consent to the assignment by the Platform of all of its rights and obligations under these Terms of Use without any reference or prior notice being required to be provided to You. You agree to be bound by these Terms of Use to the Platform’s assignee / transferee upon any such assignment / transfer.

24. Grievance Redressal

24.1. If there are any concerns, queries, feedback or complaints about the Platform’s Services or the Platform, please feel free to reach out to the Platform anytime at the co-ordinates provided below and the Platform will address the same at the earliest;

24.2. Pursuant to the Information Technology Act, 2000 and Rules made thereunder, the name and contact details of the grievance officer are provided below:

Name: Dharmesh Jain

Address: Gajari Jewellers, Shop no. A-2, Yashomangal Shopping Centre, Achole Road, Nalasopara (East), Palghar  Maharashtra – 401209

Phone: 9637517828

E-mail: gajarijewellers1994@gmail.com

24.3. If You wish to make a complaint regarding any violation of the provisions of these Terms of Use, You may send a written complaint to the grievance officer, who shall redress the complaint in accordance with the provisions of the Information Technology Act, 2000 and Rules made thereunder.

25. Amendments

Please note that these Terms of Use may be amended from time to time by the Platform at any time. It will be the Platform’s best endeavour to provide You with a notice before any changes / amendments are made to the Terms of Use. However, in case of any change in law appliable, the Platform shall make the required changes and notify You in due time.

26. Severability

If any provision of this Agreement shall be invalid or unenforceable due to extant laws or upcoming laws/regulations, such invalidity or unenforceability shall not invalidate or render unenforceable the entirety of this Agreement, but rather, unless a failure of consideration would result, the entirety of this Agreement shall be construed as if not containing the particular invalid or unenforceable provision, and the rights and obligations of the parties shall be construed and enforced accordingly.

27. Third-Party Websites

The Platform may contain links and interactive functionality interacting with the websites of third parties. The Platform is not responsible for and has no liability for the functionality, actions, inactions, privacy settings, privacy policies, terms, or content of any such website. Before enabling any sharing functions to communicate with any such website or otherwise visiting any such website, the Platform strongly recommends that You review and understand the terms and conditions, privacy policies, settings, and information-sharing functions of each such third-party website.

28. Electronic Records

28.1. These Terms of Use are deemed 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, and its acceptance and applicability has arisen pursuant to electronic actions undertaken by the Customer on the Platform; and

28.2. This electronic record 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 (Plz refer Privacy Policy section) and Terms of Use for access or usage of the Platform.

29.Returns & Refund

The orders executed cannot be cancelled or refunded, the store has “No return Policy”

30.Shipping Policy

The customer need to visit the store to redeem the bullion/metal accumulated using this app and the same will be be delivered to the customer anywhere outside the store.

31.Cancellation Policy

The orders executed cannot be cancelled