This page includes T&C with partners – MMTC-PAMP and 5paisa.
- These Terms and Conditions of Use (hereinafter referred to as “T&C” or “Terms ”) records the terms and conditions subject to which the Users s (hereinafter referred to as "you" or "your" or “Customer” or “user”) may access and use of the Websites “www.dineroai.com", “www.growyourdinero.com” and its Mobile Application “Dinero” available at android and iOS platforms (collectively be referred to as "App") which is designed, managed and operated by Neomercury Innovations Private Limited, (hereinafter collectively be referred to as "Company" or "Dinero” or “We” or “Us"), incorporated under the laws of India and registered under the Companies Act, 2013.
- Please read these Terms and Conditions carefully before accessing or using the App or its services in any manner. By accessing or using the App you agree that you have read, understood, acknowledged, and accepted these Terms, and charges payable for services under this Agreement.
- Our Application and Services have different products, features and offerings and additional terms or requirements may be made applicable to your use of those products, features or offerings. If additional terms are available for the relevant product or Services you use, those additional terms become part of these Terms.
- In addition to other words and expressions that may be defined elsewhere in these Terms, unless the context otherwise requires, the following terms wherever used in the Agreement shall have the meanings as ascribed hereunder:
- ”Business Days” means days in which banks are open for business in Hyderabad (India)
- “Credit Score” means a score reflecting the user’s credit worthiness including the Experian, Equifax , CIBIL etc.
- ”Know Your Customer” or “KYC” means User’s personal identification data/documentation collected and stored by Dinero and shared with its Partners as per the Reserve Bank of India (KYC) Directions, 2016 and such applicable law and regulations from time-to-time.
- ”RBI” means the Reserve Bank of India.
- ”SEBI” means the Security and Exchange Board of India.
- ”Service(s) ” means and includes the following features in the App as provided by Dinero:
- Financial Education
- Financial Goal Setting: Your 1st 1crore
- Dinero Dibs
- Exchange Traded Fund Products/Services (as permitted by SEBI)
- Investment trackers and tools
- Mutual Fund products (as permitted by SEBI)
- DEMAT account and trading platform (as permitted by SEBI)
- Any other product/service offered by Dinero, as and when launched.
- “Suspected Activity” shall mean any act of commission or omission committed by the User:
- that raises the suspicion that such act intends to commit fraud, forgery, cheating, criminal breach of trust , violation of a law or any other offense against Dinero or any other person;
- gives rise to a reasonable ground of suspicion that it may involve financing of the activities relating to terrorism.
- that raises suspicion that it intends to adversely affect the interests of Dinero or any of its partners.
- “Tax" or "Taxes" mean any Tax payable to the Government including sales taxes, value added taxes (VAT), goods and services taxes (GST), service tax, that Dinero may be required by law to collect and remit to Governmental agencies.
- “Third party Provider” or “Third Party” means and includes a bank, association, company, partnership or any such entity whose facilities are used by Dinero to provide the Services to Users throughout the Platform.
- “Transaction” or “Payment Transaction” means (a) a payment request sent by you for sending or receiving payments; or (b) payment instruction sent by you for a debit in his or her account; (c) buying exchange traded funds.
- The Dinero App must be accessed/used only by Indian persons who can enter legally binding contracts under the Indian Contract Act, 1872 by virtue of being ‘competent to contract’ within the meaning of Section 11 of the Act.
- Financial Education:
Dinero conceives, designs, produces, and hosts or causes to host educational content meant to aid user’s financial literacy, awareness of various financial principles, products and services offered by companies and institutions in the marketplace. All content thus created is meant solely for education purposes and is not meant as investment advice. Dinero is not a Financial Advisor and no communication issued by Dinero under this heading shall be treated as financial advice.
- Financial Goal Setting/Investment trackers and tools/Your 1st 1crore:
Dinero offers a software tool which enables users to set their financial goals suited for specific events in their lives and offers further tools to enable users to take necessary financial decisions towards realizing said goals. All tools are meant only to enable and facilitate sound financial decision making including making investments in regulated financial instruments and are not meant as investment advice. One such tool is “Dinero Investment Plan” (DIP) for the product “Your 1st 1crore”. The DIP is a structured plan to help Users plan their long term investment towards a corpus of 1Cr. The DIP consists of Exchange Traded Funds (ETF). ETFs are subject to market risks and other risks. Dinero does not guarantee any returns. Dinero is not a Financial Advisor and no communication received through said tools under this heading shall be treated as financial advice. Users are strongly advices to make their financial decisions independently based on their own research or base on financial advice receive from a registered professional.
- Dinero Dibs as Rewards:
Dinero Dibs (hereinafter referred to as “Dibs”) is a rewards plan offered by the Company which tracks user’s usage of the App and incentivized sound financial behavior among its users by issuing Dibs for each rewardable action of the user. The Dibs can used to redeem Digital Gold through the fractionalized digital gold accumulation plan (GAP) powered by “MMTC-PAMP” (also referred to as “Partner”) OR can be used to redeem ecommerce coupons from partner brands. The Digital Gold earned by the user in the course of using the App is redeemable for physical gold or redeemable by selling the accumulated Digital Gold at market prices, subject to terms and conditions laid down by MMTC-PAMP and Dinero in this regard. Please referred to the MMTC-PAMP’s GAP Terms and Conditions to know more about the manner in which the scheme is implemented in partnership with MMTC-PAMP.
- Exchange Traded Funds and Mutual Funds Products/Services (as permitted by SEBI):
One of the rewardable actions of the user under this agreement is the act of investing in Mutual Funds (MFs)/Exchange Traded Funds (ETFs) regulated by SEBI. Users are encouraged to set financial goals and invest in ETFs/MFs in order to achieve their goals. Dinero is merely an agitator and host of the ETFs/MFs and does not at any point actively advise the users on the quality or suitability of any ETF/MFs for the purpose of realizing their goals. Dinero has partnered with “5paisa” (5paisa Capital Limited, also referred to as “Partner”) to make a wide range of ETFs/MFs available for users to invest in and Dinero’s App enables linking the financial goal setting module with the ETF/MFs module to remove the friction in investing by interlinking these services. Neither Dinero nor 5paisa are Financial Advisors and no communication received through said tools under this heading shall be treated as financial advice. Users are strongly advices to make their financial decisions independently based on their own research or base on financial advice receive from a registered professional. Investment in ETFs/MFs is subject to terms and conditions laid down by 5paisa in this regard. Please refer to the 5 Paisa Terms and Conditions (https://www.5paisa.com/pricing) to know more about the manner in which the services are delivered and charged in partnership with Dinero.
- DEMAT Account offering:
Dinero has partnered with “5paisa” (5paisa Capital Limited, also referred to as “Partner”) to allow users to open a DEMAT account with 5paisa. The DEMAT account will facilitate the buy and sell (“trading”) investment instruments, especially on the stock market, as mentioned above. The DEMAT account opening process involves a KYC process where users must share requisite information as prescribed by 5paisa based on SEBI guidelines. Please refer to the 5 Paisa Terms and Conditions (https://www.5paisa.com/pricing) to know more about the manner in which the services are delivered and charged in partnership with Dinero.
- You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and tax obligations that may apply to your use of the App, Services and educational content.
- In connection with your use of the App and Services, you agree that you shall not:
- violate any local, state, national, or other law or regulation, or any order of a court, including, without limitation, Tax regulations;
- use manual or automated software, devices, scripts, robots, backdoors or other means or processes to access, "scrape," "crawl" or "spider" any web pages or other services contained in the App or Services;
- use the App, Educational Content or Services for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies Dinero’s endorsement, partnership or otherwise misleads others as to your affiliation with Dinero;
- dilute, tarnish or otherwise harm the Dinero brand in any way, including through unauthorized use of educational content, registering and/or using Dinero or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are deceptively similar to Dinero domains, trademarks, taglines, promotional campaigns or educational content;
- copy, store or otherwise access or use any information contained on the App or Services or educational content for purposes not expressly permitted by these Terms;
- infringe the rights of Dinero or the rights of any other person or entity, including without limitation, their intellectual property, privacy, publicity or contractual right;
- interfere with or damage our App or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
- register for more than one account or register for an account on behalf of an individual other than yourself,
- impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;use automated scripts to collect information from or otherwise interact with the App;
- systematically retrieve data or other content from our App or Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
- use, display, mirror or frame the Application or Services or any individual element within the App, Dinero' name, any Dinero trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the App or Services, without Dinero' express written consent;
- access, tamper with, or use non-public areas of the App or Services, Dinero' computer systems, or the technical delivery systems of Dinero' Partners or service providers;
- attempt to probe, scan, or test the vulnerability of any Dinero’ system or network or breach any security or authentication measures;
- avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Dinero or any of Dinero' providers or any other third party (including another user) to protect the Site, Services, Application or Collective Content;
- forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the App or Services to send altered, deceptive or false source-identifying information;
- attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services;
- advocate, encourage, or assist any third party in doing any of the foregoing.
- Dinero has the right to investigate and prosecute violations of any of the above to the fullest extent of the law. In addition, and as set in these Terms, Dinero may take a range of actions against you, including but not limited to deactivating or cancelling Dinero Account, for a violation of these Terms.
Intellectual Property Ownership and Rights Notices
- The App, Services, and educational content are protected by copyright, trademark, and other laws of India. You acknowledge and agree that the App, Services and educational content, including all associated intellectual property rights, are the exclusive property of Dinero and its licensors, if any. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the App or Services. All trademarks, service marks, logos, trade names, and any other proprietary designations of Dinero used on or in connection with the App, Services, and Dinero’s educational content are trademarks or registered trademarks of Dinero in India. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the App, Services are used for identification purposes only and may be the property of their respective owners.
- Dinero grants you a limited non-exclusive, non-transferable license to access its services through its App, subject to your compliance with these Terms and Conditions, as updated from time to time.
- Subject to your compliance with these Terms, Dinero grants you a limited, non-exclusive, non-transferable license, to (a) access and view any Dinero’ Content solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.
- You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the App, Services, or its educational content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Dinero or its licensors, except for the licenses and rights expressly granted in these Terms.
Term and Termination, Suspension and Other Measures:
- Term: This Agreement shall be effective for such duration as the user remains to be a user or until such time as Dinero terminates the Agreement as described below.
- Dinero reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the App or Services (or any part thereof) with or without notice. You agree that Dinero shall not be liable to you or to any third party for any modification, suspension or discontinuance of such Services. It is Your responsibility to review these Terms periodically for updates/changes.
- Termination for convenience: You may terminate this Agreement at any time via the "Delete Account" feature on the Site/Application or by sending us an email on firstname.lastname@example.org If you cancel your Dinero Account, any outstanding order of purchase shall automatically stand cancelled. Without limiting our rights specified below, we may terminate this Agreement for convenience at any time by giving you 30 days' notice via email to your registered email address.
- Termination for breach, suspension, and other measures:
- Dinero may immediately, without notice terminate this Agreement if (i) you have materially breached these Terms or our Policies, including but not limited to any breach of your warranties outlined in these Terms or breach of the "User Conduct" provisions in these Terms, (ii) you have provided inaccurate, fraudulent, outdated or incomplete information during the account registration, or thereafter, (iii) you have violated applicable laws, regulations or third party rights, or (iv) Dinero believes in good faith that such action is reasonably necessary to protect the safety or property of other users, Dinero or third parties, for fraud prevention, risk assessment, security or investigation purposes.
- In case of non-material breaches and where appropriate, you will be given notice of any measure by Dinero and an opportunity to resolve the issue.
- Consequences of Termination: Where the Company terminated or suspended your account for whatever reason you shall not be entitled to create a fresh account to bypass the termination or suspension.
- If you choose to use the App, Services, you do so at your sole risk. You acknowledge and agree that Dinero is under no obligation to conduct background or character checks of any of the financial products offered on its Platform.
- The Company disclaims any warranty of any kind, either express or implied, that Dinero reserves the right to make any changes as and when necessary to the terms and conditions mentioned herein above without any prior notice to the user and by continuing to access the App or Services, you agree to be bound by the updated terms and conditions as the case may be.
- The App and its Services are provided "as is", without warranty of any kind, either express or implied. Dinero explicitly disclaims any warranties of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement. Dinero makes no warranty that the App or Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. Dinero makes no warranty regarding the quality of any Listings, Financial Products or the accuracy, timeliness, truthfulness, completeness or reliability of any content hosted by the Partners and Third-Party Service Providers through the App.
- Dinero is not a Financial Advisor and no content hosted by Dinero on its App shall be meant to construe otherwise. Dinero is a platform for listing regulated financial products including Exchange Traded Funds and Gold and does not function as a Financial Advisor any stage through any of its Services or educational content whether oral or written, obtained from Dinero or through the App or Website.
Limitation of Liability:
- You acknowledge and agree that financial instruments offered by Dinero’s Partners through its App or Website have financial risks associated with investing in them. You acknowledge that the entire risk arising out of your access to and use of the App or Services, your investment in any financial instrument is to be borne by you and that Dinero shall not be liable for it.
You acknowledge that neither Dinero nor its Partners shall be liable for any damages whatsoever, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with these terms, from the use of or inability to use the App or Services.
Third-party Services and Hyperlinking:
- The App, Website and Services may contain links to third-party websites or resources. You acknowledge and agree that Dinero is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Dinero of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.
- Dinero employs the services of third-party service provider for the purposes of performing verification including for PAN based verification for opening DEMAT account and accessing Digital Gold Rewards program and Aadhar based e-KYC for investing in ETFs.
- Using the aforementioned verification, Users can avail the Digital Gold redemption and ETF services. For ETF services, user may have to enter into in-app web browser native to 5paisa and when on their domain addresses Dinero has no control over the transactions nor does it access or save any data related to the said transaction. Dinero’s liability is likewise limited to the user’s interactions with Dinero’s App or Website.
- You authorize Dinero and its partners to use SMS, Whatsapp, Email, Voice call and other modes of communication to send updates, business collaterals and any other information from time to time.
- You authorize Dinero and its partners to use SMS, Whatsapp, Email, Voice call and other modes of communication to reach out to you for any customer support.
- Governing Law: All services offered under this agreement by Dinero are limited to Indian jurisdiction. All claims, matters and disputes emanating from your agreement with Dinero shall be subject to the exclusive jurisdiction of competent courts in the City of Hyderabad. Any claims, matters and disputes emanating from your use of the services provided by our Partners shall be governed by the laws of the Republic of India and may be subject to such jurisdiction as may be specifically laid down in their respective Terms and Conditions of Use. Dinero accepts no liability whatsoever, direct or indirect, for non-compliance with the laws of any country other than the Republic of India.
- No Waiver: The failure of Dinero to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Dinero. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies available.
- Third Party Affiliations & Communications: Accepting these Terms implies your express consent to be contacted by us, representatives, affiliates, or anyone calling on our or our Partner’s behalf at any contact number or electronic address provided by you while registering your account with Dinero. You further specifically agree to being contacted by us in any manner, including without limitation, emails, SMS messages, WhatsApp, calls using pre-recorded messages, and App notifications.
- Force Majeure: If performance of Services/App by Dinero is prevented, restricted, delayed or interfered with by reasons including, but not limited to, labour disputes, strikes, acts of God, floods, lightning, severe weather, shortages of materials, rationing, inducement of any virus, malware, trojan or other disruptive mechanisms, pandemic, epidemic, any event of hacking or illegal usage of the App, 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 any other act whatsoever, whether similar or dissimilar to those referred to in this clause, which are beyond the reasonable control of Dinero and could not have been prevented by reasonable precautions, Dinero shall be discharged from specific performance to the extent of and during the period of such force majeure event, and such non-performance shall, in no manner whosoever, amount to a breach by Dinero of its obligations under this agreement.
- Survival: All financial liabilities of the users towards the Company, its Partners or Third-Party Service Providers shall survive the termination of the agreement until such time as they are discharged in full including interest where receivable.
- Indemnification: The user shall indemnify and hold harmless the Company from and against all claims, damages, losses, and expenses arising out of or resulting from acts or omissions of the User or those acting on behalf of the user.
- Notices by Company: Any notices or other communications including those regarding modifications to these Terms, will be in writing and published by Dinero (i) via email (in each case to the address that you provide) or (ii) by posting to the Site or via the App. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted and publication date in case of website/App shall be deemed to be the date of such notice.
- Notices by Users: Users shall send their notices to the following address:
Attention: Mr. Kashyap Mahavadi, Director
Neomercury Innovations Private Limited
14D/1 5th Floor Dwaraka Signature, Jai Hind Enclave, Madhapur, Hyderabad - 500081
GAP Customer Terms and Conditions
TERMS AND CONDITIONS of ‘GOLD ACCUMULATION PLAN’ or ‘GAP’ by MMTC - PAMPThese “terms” and "Conditions of Use" (“Terms”) constitute an electronic record within the meaning of the applicable laws. This electronic record is generated by a computer system and does not require any physical or digital signatures. These Terms shall be in addition to and not in derogation to any other terms as stipulated from time to time. By transacting for GAP on the Partner Platform, you are agreeing to and accept these Terms and Conditions. In these Terms, references to "you", or "Customer" shall mean the counterparty who transacts using the Partner Platform, being a natural person, buying Gold from MMTC-PAMP, redeeming Gold in the form of redeemable products sold by MMTC-PAMP, transfer by Customer(s) to other Customer(s), selling back Gold to MMTC-PAMP and receiving other related services in relation to GAP. “Partner Platform” shall mean, and include, the platforms (website, mobile apps, others) owned and operated by [insert name of Partner] (“Partner”), that the Customer accesses for the GAP transactions, including all contents, services and technology offered through the Partner Platform. "Service Providers" mean independent third-party service providers. References to the “Seller”, "MMTC-PAMP", "we", "us" and "our" shall mean MMTC-PAMP India Private Limited, the owner of the GAP offering and the entity that will sell Gold. “Transfer” refers to a facility to transfer Gold from Gold account of one Customer to Gold account of another Customer(s).
Capacity to enter into these Terms
The Customer represents and warrants that:
the Customer is of legal age and is under no legal disability or incapacity, to enter into, these Terms and the transactions contemplated by it, and perform its obligations; and
The Customer is not insolvent.
The Customer represents and warrants that these Terms constitute a legal, valid and binding obligation of the Customer and that all orders to be placed and transactions to be conducted under these Terms are lawful;
In executing and giving effect to these Terms, the Customer does not and will not infringe any provision of any other document or agreement to which the Customer is a party, nor any law or judgment / order binding upon it;
MMTC–PAMP collectively, reserves the right to change these Terms at any time. Such changes will be effective when posted on the Partner Platform and shall be deemed to be notified to the Customer accordingly. Notwithstanding anything contrary, Customer shall be responsible for regularly reviewing the Terms, including amendments thereto as may be posted on the Partner Platform and shall be deemed to have accepted the amended Terms by continuing the use of Partner Platform.
MMTC-PAMP shall be entitled to collect, store, use and share relevant information and documents provided by the Customer on the Partner Platform for KYC purposes and other purposes as permissible under applicable laws. Further, as and when required by MMTC-PAMP the Customer will be required to provide additional documents for fulfilling the KYC requirements. You authorize MMTC-PAMP to make such enquiries as it may feel necessary to satisfy itself about the validity of your identity. You undertake to update us in case of change of your existing information including but not limited to your address, phone number, mobile number, email ID etc. or verification documents provided by you.
We reserve the right to deactivate your Gold account, in the event you fail to provide KYC documents / information to MMTC-PAMP / Partner within required timelines. The Gold account may be activated only upon submission of relevant documents. The Customer shall ensure that all information supplied to MMTC-PAMP / Partner by the Customer is, or at the time it is supplied will be, accurate in all material respects and the Customer will not omit or withhold any information which would make such information inaccurate in any material respect. You shall be responsible for the correctness of information provided by you to MMTC-PAMP / Partner from time to time. MMTC-PAMP will not be responsible for the incorrectness of KYC documents / information provided by you. If at any time MMTC-PAMP finds that the KYC documents are incorrect or authenticity of such KYC is doubtful, MMTC-PAMP may, at its sole option, deactivate or close your Gold account. If you have reasons to believe that there is an error in the information furnished to MMTC-PAMP / Partner, you shall immediately advise MMTC-PAMP and Partner in writing and forthwith provide correct / updated information. The Customer authorizes MMTC-PAMP to pass on / deliver all such information and documents to any third person.
MMTC-PAMP reserve the right to indefinitely suspend or terminate or block access to any Gold account on the Partner Platform, 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 MMTC-PAMP against any and all losses, claims, liabilities, costs etc. which arise out of or relating to your failure to identify yourself and validate your account promptly and / or due to incorrect KYC documents / information.
You can offer to buy Gold worth Rs. 1.00 (Rupee One Only) and above incremental value thereof at the live purchase price of Gold of 999.9 purity displayed on the Partner Platform. Where errors have occurred in the pricing of transactions displayed by Partner-on-Partner platform to the Customer, MMTC-PAMP, reserves the right to not be bound by such a quote or transaction. Due to delayed transmission between the Customer and Partner, the price offered on Partner Platform may have changed before an order from the Customer is received by Partner. MMTC-PAMP reserves the right to cancel or reverse the transaction whether before or after transaction confirmation. MMTC-PAMP further reserves the right to credit / debit Gold balance in your Gold account on account of cancellation or reversal of any transaction(s).
Payment will be accepted only through payment options made available on the Partner Platform. At the time of purchase/redemption/sale back/Transfer of Gold, he relevant taxes will be chargeable as applicable as per the Government regulations. MMTC-PAMP will not be responsible for any wrong/erroneous credit/debit from Customer’s bank account/wallet and/or services provided by the payment solution engaged by Partner Platform. Before making any offer for purchase of Gold, you understand and acknowledge that Issuance of Invoice at the time of Purchase of Gold, only records making of an offer by you for purchase of the quantity of Gold stated therein and does not create any right, title or interest in the quantity of the gold stated therein and/or against MMTC-PAMP. The right, title and interest in the quantity of gold stated in the invoice will only accrue upon acceptance of such offer by MMTC-PAMP and upon actual receipt of sale consideration by MMTC-PAMP.
At the time of redemption, the Customer can select redeemable product for redemption from catalogue of redeemable products. These redeemable products will be hosted on the Partner Platform. The list of redeemable products may be altered, changed and amended by MMTC-PAMP from time to time at its sole discretion.
At the time of redemption in physical deliverable product form, the Customer will pay additional manufacturing and delivery charges and applicable taxes on the same. The redeemable product selected from the catalogue for delivery shall be subject to availability of stock with the MMTC-PAMP.
For each confirmed purchase of Gold by the Customer, MMTC-PAMP will be the custodian of the Gold, till such Gold is lying in your Gold account subject to terms herein. The Gold purchased by you will be allocated and stored in a highly advanced and secured vault of MMTC-PAMP, with full insurance cover.
The Customer will have the option of redeeming and asking for physical delivery of the full or part of the accumulated Gold holding, in the form of redeemable products starting from 1 (One) gm and above. The residual fractional Gold remaining, upon redemption by you of the entire Gold holding, can be sold back by you to us at the live sell-back price of gold of 999.9 purity and the corresponding amount against the residual fractional Gold sold by you will be credited to your designated bank account.
Once the redemption has been initiated by you and payment received then your Gold grams will be debited accordingly from your Gold account.
MMTC-PAMP may also, from time to time in future, offer / permit the Customer to sell-back its Gold to MMTC-PAMP at prevailing live sell-back price of gold of 999.9 purity, during the offer period as may be announced / permitted by MMTC-PAMP. The money against the Gold sold by a Customer would be credited to the Customer’s bank account as per the details provided by the Customer.
Live purchase price of Gold will be displayed on the Partner Platform and is subject to change from time to time. At the time you make request for redemption / sell-back, the value of Gold / quantity of Gold to be redeemed / sold back will be displayed based on live sell-back price of Gold. The live purchase price of Gold and live sell-back price of Gold may vary and also may be different from that available in the open market and / or in any other retail outlet. Your offer may be rejected due to any issue with the transaction and money paid by you, if any, will be refunded. In such an event if you still wish to offer to purchase Gold or sell-back residual fractional Gold, you may make another offer at the changed price. MMTC-PAMP disclaims any and all claims and / or liabilities arising from such non-acceptance of offer or revision in prices.
While availing any of the payment method(s) available on the Partner Platform, MMTC-PAMP will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to the Customer due to:
Lack of authorization for any transaction(s);Exceeding the pre-set limit prescribed by MMTC-PAMP; Any payment issues arising out of the transaction,Illegitimacy of the payment methods (credit / debit card frauds etc.) being used by a Customer; Temporary discontinuation of invitation to offer or offer to sell back; Any unauthorized, inaccurate or fraudulent transactions and / or for any chargeback transactions; and / orDecline of transaction for any reason(s) whatsoever.
MMTC-PAMP may, at its discretion, prescribe maximum individual / cumulative limits for Customer(s) to accumulate Gold, purchase Gold, redemption of Customer redeemable Gold, Transfer or sell back of Gold or any other transaction under GAP from time to time and reserves the right to refuse to accept order exceeding such limit. MMTC-PAMP may at its discretion, prescribe maximum individual / cumulative transaction limits on GAP from time to time, and reserves the right to refuse to accept order exceeding such limit.
At any point of time on any day MMTC-PAMP may temporarily discontinue the invitation to offer purchase of Gold under GAP for any reason whatsoever.
MMTC-PAMP may, at its discretion, close down, suspend and/or migrate the Gold account of Customer(s), if (a) the Custody Period has expired; and / or (b) MMTC-PAMP decides to discontinue the GAP scheme and / or (c) any other reason(s) as may be determined by MMTC-PAMP. In such event(s) the Customer can redeem the Gold accumulated by him/her in his/her Gold account and take delivery of the redeemable products and sell back to MMTC-PAMP the residual fractional gold lying in his / her Gold account at the live sell-back price of Gold. Further, if the open sale back window is made available by MMTC-PAMP, then the Customer may sell back the product in his/her Gold account in whole or in part. The redemption and sell back by the Customer shall be as per terms prescribed by MMTC-PAMP’s in the notice given for exercising the right to close, under this clause. For the purpose of this clause, ‘Custody Period’ shall mean a period of 5 years from the date of last purchase / receipt of Gold in the Gold account of the Customer. In the event the Customer(s) fails, neglects or chooses not to redeem and / or sell-back, as applicable, their Gold holdings within the time prescribed, then MMTC-PAMP will be entitled to levy on Customer(s), custody charges at the rate of up to 0.5% (zero point five percent) per annum of the value of the Gold balance of the Customer held in the custody of MMTC-PAMP. The custody charges will be deducted from the Gold balance of the Customer as per frequency determined by MMTC-PAMP. In the event that MMTC-PAMP does not exercise its’ discretion to close down the Gold account of Customer(s) in terms of this clause, Customer(s) can continue their Gold account by paying the custody charges as provided above.
The Customer will not be entitled to make an offer for delivery if the zip code of delivery address is outside serviceable areas. At time of redemption the Customer will be required to provide full delivery address. In the event the Customer(s) chooses the delivery address outside the serviceable areas or if the delivery address subsequently becomes unserviceable, then on being notified, Customer may sale-back the Gold during the open sale back window as per Terms herein;.
All redeemable products selected for delivery by Customer for redemption, shall be delivered within India as per instructions of the Customer through our logistics partners. All deliveries where applicable shall be made on a best-efforts basis, and while MMTC-PAMP will endeavour to deliver the products on the dates intimated, MMTC-PAMP disclaims any claims or liabilities arising from any delay in this regard.
Delivery by the logistics partners designated by MMTC-PAMP from time to time shall be completed only after verification through an OTP (One-Time Password) sent to the registered mobile number or such other verification / authentication system that may be adopted by MMTC-PAMP from time to time for delivery of Gold. In case the Customer wishes to change the mobile number or address provided, a formal request shall be raised for the same via Partner Platform. The logistics partner of MMTC-PAMP will make a maximum of three attempts to deliver your order. After three attempts Gold coin will be delivered back to MMTC-PAMP and Customer will need to put the fresh request for the redemption.
In case Customer doesn’t get the delivery due to any reasons attributed to MMTC-PAMP or its delivery partner then the Customer will get the refund of making and delivery charges.
In case delivery doesn’t happen due to unavailability of the Customer or any other reason attributed to the Customer then, MMTC-PAMP shall not be liable for refund of making and delivery charges.
Any Customer disputes, grievances, complaints, queries, or issues with respect to the transaction including with respect to the quality and merchantability, shall be directed to the Partner by the Customer and will be subject to the Terms herein and addressed as per the grievance redressal policies for the GAP products and services.
MMTC-PAMP shall not be liable to directly entertain any such disputes, grievances, complaints, queries, or issues.
MMTC-PAMP shall not be liable / responsible, in any manner whatsoever, for any loss / liability arising out of or relating to any technical failure / issue in Partner Platform and / or acts / omission. MMTC-PAMP shall not be liable / responsible, in any manner whatsoever, for any loss / liability arising out of or relating to any technical failure / any issues related to MMTC-PAMP Services and / or acts / omission attributable to Partner and/or Retailers, agents, employees, subcontractors, distributors etc appointed/engaged by the Partner.
Notwithstanding anything contrary contained herein, the Customer acknowledges that from time to time, and for any reason, the service, the interface and API work, and their respective information, pricing and data, and availability are subject at any time and from time to time to human, mechanical , typographic, or other errors, oversights, mistakes, limitations, delays, service interruptions, including, without limitation, as may be due in whole or in part to, related to or arising out of (I) computer hardware and software, telecommunication and operating systems, databases, or business processes and procedures, (ii) other problems inherent in, or which may be associated with, the use of the internet and electronic communications including, without limitation, force majeure event, government / regulatory actions, orders, notifications etc. and / or and acts and omissions of third parties etc. affecting or impacting the service, the interface or the API work, its information and data, or such communications. Customer acknowledges and agrees that MMTC PAMP is not responsible or liable whatsoever for delays, failures, or other loss due to, caused by or resulting from any such problems, in whole or in part. If your Gold account is over credited or wrongfully credited / debited, then MMTC PAMP has right to reverse / cancel without notice or require cancellation / reversal of such transaction at its sole discretion and debit / credit the Gold to / from your Gold account, as the case may be.
Upon MMTC-PAMP confirming the purchase, redemption, sale-back of Gold in his / her Gold account by Customer, the order / request of Customer to purchase / redemption / sale-back / Transfer of Gold, as the case may be, shall be binding on the Customer and cannot be cancelled.
The Customer shall inform immediately, in any case no later than 30 days of the transaction, of any irregularities or discrepancies that may exist in his / her Gold account, failing which it shall be deemed that there is no error or discrepancies in the account. All records maintained by MMTC-PAMP / Partner, 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.
The Customer understands and acknowledges that any purchase, suspension of sale of products, redemption, Transfer or sale-back from / to Gold account / Transfer of Gold 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, suspension of sale of products, redemption, Transfer or sale-back to and from the Gold account, Transfer of Gold 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. Customer also agrees and undertakes that he / she will not open any account in the name of any minor. MMTC-PAMP will not be liable in any manner in this regard.
The Customer feedbacks pertaining to products shall be deemed to be non-confidential and non-compensatory in nature. MMTC-PAMP reserves the right, at its sole discretion to use such information and such use shall be entirely unrestricted. The Customer hereby irrevocably authorizes MMTC-PAMP to disclose, exchange, share or part with all the information relating to the Customer’s details and payment history information and all information pertaining to Customer’s GAP transaction and undertakes not to hold MMTC-PAMP and / or / its affiliates and other group companies and their agents liable for use of the aforesaid information.
In the event of termination / expiry of MMTC-PAMP’s arrangement with Partner, the Customer will be notified and the Customer will have the option to either: (I) continue with its Gold account with MMTC PAMP; or (ii) discontinue with its Gold account with MMTC-PAMP. If Customer chooses to continue with the Gold account of the Customer, their Gold account will be migrated in the manner notified by MMTC-PAMP to the Customer and Customer agrees to provide such support and information as may be required for the purpose of transition / migration. If Customer chooses to discontinue with the Gold account of the Customer, then the Customer shall have the option to redeem the entire product in his Gold account and take delivery of redeemable product and sell-back residual fractional Gold at the live sell-back price of Gold. In case of open sale back window, may sell-back the entire product in his/her Gold account, at the then prevailing live sell-back price of Gold. In addition, MMTC-PAMP may notify the Customer on other available similar options / plans on the Partner Platform, and the Customer, may choose to avail of any of such options provided by MMTC-PAMP by following simple steps notified in that regard. If the Customer fails to redeem the product in the Gold account within the prescribed time, MMTC-PAMP will be entitled to charge custody charges as per clause 20 of these Terms. MMTC-PAMP will not be liable for any loss, claim, demand, liability etc. arising on account of termination / expiry of MMTC-PAMP’s arrangement with Partner.
MMTC-PAMP will not, at any time, and under any obligation, be required to transfer physical Gold of Customers in its custody to any other person / platform.
These Terms shall be governed by and interpreted and construed in accordance with the laws of India. The courts in New Delhi shall have exclusive jurisdiction in respect of any matters arising therefrom.
In the event any dispute arises out of or in connection with the Terms herein vis-à-vis the Customer, including the validity hereof, the parties hereto shall endeavour to settle such dispute amicably in the first instance. The attempt to bring about an amicable settlement shall be treated as having failed as soon as one of the parties hereto, after reasonable attempts, which shall continue for not less than 15 (Fifteen) calendar days, gives a notice to this effect, to the other party in writing.
Phishing: In the event that you receive an email falsely claiming to be from MMTC-PAMP or another group entity or requesting personal data and / or sensitive personal data or information (“Phishing”), you agree that you will not provide any information or data in response and you will contact Partner’s Customer Service team without delay. MMTC-PAMP agrees that it will never ask you to provide your password over email or telephone. Should you receive an email or telephone call which you suspect is Phishing or you are unsure about, you agree that you will report the phishing email or spoof site without delay in order to protect yourself and fellow Customers. You understand that you should not click any links from unusual emails or download any attachments in order to access your Gold Account.
Fraudulent Activity: If MMTC-PAMP suspects that fraudulent activity has taken place within your Gold account, in order to protect you, you understand that we may temporarily freeze your Gold account to prevent any further or continuing unauthorized activity.
Usage and Proprietary Rights: You agree that any information or data relating to, processed or created in connection with, content or operation of the GAP is confidential and proprietary to MMTC-PAMP, and that you will refrain from disclosing such information to any third party except where required by Applicable Law.
Customer representations and warranties:
The Customer is bound by the applicable GAP product laws, applicable operating rules, customs, usages and practices.
the Customer is not insolvent,
MMTC-PAMP relies on representations and warranties made by the Customer. These representations and warranties and those contained elsewhere in these Terms, survive the entering into of these Terms and are repeated in respect of each GAP product transaction. The Customer warrants and agrees that any person who is in possession of any password is authorized by the Customer, and the Customer acknowledges that they will be responsible for any actions on their account associated with the use of its password. The Customer agrees to notify MMTC-PAMP immediately should the Customer become aware of any unauthorized use, loss or theft of the Customer’s, username, password or account numbers; or inaccurate information with respect to the content of statements including, cash balances, open positions or transaction history.
The Customer represents and warrants to MMTC-PAMP that:they have received, read, understood and accepted the risk disclosures provided herein in relation to the GAP products contained herein;
the Customer acknowledges, recognizes and understands that investment in GAP may involve a degree of risk and loss;
the Customer has read these Terms and understands that, UNLESS SPECIFICALLY AGREED WITH MMTC-PAMP AND UNLESS A STATEMENT OF ADVICE HAS BEEN PROVIDED, MMTC-PAMP has only provided general advice, and the Customer has considered its objectives and financial situation and has obtained appropriate independent advice prior to entering into these Terms and has formed the opinion that dealing in the GAP products is suitable for the Customer’s needs and purposes;
The Customer acknowledges that neither MMTC-PAMP nor any associated entity guarantees the performance of any given GAP product or account nor that any GAP product or account will achieve a particular rate of return.
The Customer acknowledges to MMTC-PAMP that:He / she will not receive interest or other earnings on the Gold held in the Gold account. The use of the Platform and any services of MMTC-PAMP does not constitute a trading of, or an exchange in, securities, investment contracts, or any document, instrument, or writing commonly known as a “security”, at law or otherwise;
Anything MMTC-PAMP is permitted to do in accordance with these Terms may be done in its absolute discretion, and any opinion or view required to be formed by MMTC-PAMP may be formed in its absolute discretion;
The Customer’s failure to observe any of the undertakings or representations may result in civil or criminal liability, as well as termination of the use of the MMTC-PAMP services;
The Customer is responsible for maintaining adequate security and control of passwords and any other codes that you use to access the services of MMTC-PAMP The Customer agrees to accept full responsibility for the use of the Partner Platform, for any orders transmitted through the Partner Platform and for all communications and the accuracy of all information sent via the Partner Platform using the Customer’s name, password or any other personal identification means implemented to identify the Customer. MMTC-PAMP will not be responsible for any loss or claim arising out of our relying on instructions provided to us using your Password.
You agree to exercise safe security practices when accessing and conducting electronic transactions. This includes signing out and closing any online electronic transaction services once all transactions have been completed regardless of your method of accessing the Partner Platform.
You understand and acknowledge that Issuance of Invoice at the time of Purchase of Gold, only records making of an offer by you for purchase of the quantity of Gold stated therein and does not create any right, title or interest in the quantity of the gold stated therein and/or against MMTC-PAMP. The right, title and interest in the quantity of gold stated in the invoice will only accrue upon acceptance of such offer by MMTC-PAMP and upon actual receipt of sale consideration by MMTC-PAMP.
You understand and acknowledge that MMTC-PAMP has NOT given any right or authority to either PARTNER or any of its Retailers, agents, employees, subcontractors, distributors etc. to make any representation or assurance to you on behalf of MMTC-PAMP or any other authority to act as an agent of MMTC-PAMP. MMTC-PAMP is separate and independent entity from PARTNER and has no relationship of any nature whatsoever with the Retailers, agents, employees, subcontractors, distributors etc appointed/engaged by the PARTNER.
You agree that you will not: Breach this Agreement or any other agreement or policy that you have agreed to with MMTC-PAMP;
Violate any law, statute, ordinance, or regulation (for example, those governing financial services, consumer protection, unfair competition, anti-discrimination, anti-bribery and anti-corruption, or false or misleading advertising);
Act in a manner that is defamatory, trade libellous, threatening, or harassing;
Provide false, inaccurate, or misleading information;
Refuse to cooperate in an investigation or provide confirmation of your identity or any information you provide to us;
Conduct your business or use the MMTC-PAMP services in a manner that results in, or may result in, complaints, disputes, claims, reversals, chargebacks, fees, penalties, and other liability to Partner, other uses, third parties, or you;
Take any action that imposes an unreasonable or disproportionately large load on our infrastructure; facilitate any viruses, Trojan horses, worms, or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or information; use an anonymizing proxy; use any robot, spider, other automatic device, or manual process to monitor or copy our Website without our prior written permission; or use any device, software, or routine to bypass our robot exclusion headers, or interfere or attempt to interfere with the Platform or the MMTC-PAMP services;
Waiver: Any failure or delay by MMTC-PAMP to enforce or exercise any provision of these Terms, or any related right, shall not constitute a waiver by MMTC-PAMP of that provision or right. The exercise of one or more of MMTC-PAMP’s rights hereunder shall not be a waiver of, or preclude the exercise of, any rights or remedies available to MMTC-PAMP under these Terms or in law or at equity. Any waiver of any provision shall only be effective if made in writing and executed by a duly authorized officer of MMTC-PAMP
Force Majeure: If performance under these Terms by MMTC-PAMP 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 Partner 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 any other act whatsoever, whether similar or dissimilar to those referred to in this clause, which are beyond the reasonable control of the MMTC-PAMP and could not have been prevented by reasonable precautions then MMTC-PAMP shall be excused and discharged from such performance to the extent of and during the period of such force majeure event, and such non-performance shall, in no manner whosoever, amount to a breach by the MMTC-PAMP of its obligations herein.
Absence of relationship: You represent and warrant to MMTC-PAMP that you have sufficient experience and knowledge to make informed decisions to purchase / redeem / sale-back Gold / redeemable products / Transfer of Gold You acknowledge that you are making all of your own decisions in connection with purchases or redemption or sale-back and that you have not relied on any information made available by MMTC-PAMP, and that MMTC-PAMP is not making any recommendation with respect to such purchases / redemption /sale-back of Gold / redeemable products / Transfer 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 MMTC-PAMP. No relationship other than service provider- service recipient 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 Partner.
Electronic Order Risks: Order entry systems have been designed to provide an efficient and dependable method for entering orders. 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 MMTC-PAMP. Therefore, MMTC-PAMP shall not be responsible for errors, negligence, inability to execute orders, delays in transmission, delivery, or execution of order due to breakdown or failure of transmission or communication facilities, or to any other cause beyond MMTC-PAMP's control or anticipation. You acknowledge that pricing or typographical errors may occur and that therefore, in the event that a product is listed at an incorrect price or with incorrect information due to an error in pricing or product information, MMTC-PAMP reserves the right, at our sole discretion, to refuse or cancel or reject any orders placed for the products. Furthermore, MMTC-PAMP reserves the right to deny refuse or cancel or reject any orders placed in case of market volatility and / or unusual circumstances or conditions. This includes, without limitation, unexpected unavailability of product / Gold.\
Customer responsibility for taxes, tariffs and duties: You acknowledge that you are solely responsible for all taxes, tariffs and duties that may be incurred as a result of purchase / redemption of Gold / redeemable products. MMTC-PAMP will only collect taxes, tariffs and duties on transactions to the extent explicitly required by law. It is your responsibility to be aware and properly address any taxes, tariffs and duties to which you may be subject by any local, state and / or federal governments. If you have any questions about taxes, tariffs and duties, you should consult a tax or other professional about your unique circumstances. MMTC-PAMP does not represent to provide advice or recommendations about your specific taxes, tariffs and duties and any statements made by us are only for the purpose of raising issues for you to discuss with your tax or other professional.Indemnification: Customer hereby agrees to indemnify and keep MMTC-PAMP indemnified from and against all actions, claims, demands, proceedings, losses, damages, personal injury, costs, charges and expenses, directly or indirectly, whatsoever (‘Losses’) which MMTC-PAMP or its respective 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 Partner Platform by the Customer; (ii) by reason of MMTC-PAMP ‘s 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 noncompliance of the Terms and relating to the Gold account; and / or (iv) fraud or dishonesty relating to any transaction by the Customer. Without prejudice to the foregoing, MMTC-PAMP shall be under no liability whatsoever to the Customer in respect of any loss or damage arising directly or indirectly out of: Effecting transaction based on instructions received from Customers;
The instruction of a Customer to Transfer Gold from his / her Gold account to another Gold account;
The exercise by MMTC-PAMP of its right to terminate / exercise the facility / services provided on the Partner Platform;
Any injury to the credit, character and reputation of the Customer due to use of facility / services on the Partner Platform;
Any misstatement, misrepresentation, error or omission in any details disclosed by MMTC-PAMP if receives any process, summons, order, injunction, execution distrait, levy lien, information or notice which MMTC-PAMP in good faith believes / calls into question the Customer’s ability, or the ability of someone purporting to be authorized by the Customer, to make the transfer, MMTC-PAMP may, at its option and without liability to the Customer or such other person, decline to allow the Customer to obtain any portion of his Gold / product, or may handover such Gold / product over to an appropriate authority and take any other steps required by applicable law.
For any breach of contract / terms / conditions agreed between Customer(s) and Partner Platform and / or between Partner Platform and any third party.
Disclaimers and limits of liability:
The Customer declares it has read, understood and accepted all of the terms and conditions outlined in these Terms. The Customer agrees that when entering into a GAP product transaction with MMTC-PAMP, the Customer is relying on its own judgment and, to the extent permitted by law. The Customer acknowledges and declares that any information regarding the GAP including but not limited to the information displayed on the Partner Platform, in these Terms, etc., shall not be construed as any advice or recommendation given or views expressed to the Customer, by MMTC-PAMP.
MMTC-PAMP does not make any representations, recommendations, projections, warranties or guarantees of any kind, either expressed or implied, including but not limited to the performance of its Gold / redeemable products with respect to future prices or any return on investment; all warranties of merchantability and fitness for a particular purpose as well as warranties regarding the accuracy, correctness, or completeness of the information, data, content, materials or the services associated with operation of GAP, or the service, or the safety, reliability, title, timeliness, completeness, title, merchantability, conformity or fitness for a particular purpose of the information, data, content, materials or the services associated with the operation of the service. MMTC-PAMP makes no representation, warranty or guarantee that the MMTC-PAMP Platform or its information, data, content, materials, or services is free of infection from any viruses, worms, Trojan horses, trap doors, back doors, time bombs, cancel bots or other code or computer programming routines that contain contaminating or destructive properties or that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, application, interface, content, data or financial / personal information.
GAP and the related service by MMTC-PAMP and pricing and data, and availability are subject at any time and from time to time to human, mechanical, typographic or other errors, oversights, mistakes, limitations, delays, service interruptions, (I) including, without limitation, as may be due in whole or in part to, related to or arising out of MMTC-PAMP’s computer hardware and software / platform, telecommunication and operating systems, databases, or business processes and procedures, (ii) as well as other problems inherent in, or which may be associated with, the use of the internet and electronic communications including, without limitation, force majeure events as well as government, regulatory and acts and omissions of third parties affecting or impacting GAP or MMTC-PAMP Services, its information and data, or such communications and MMTC-PAMP shall not be liable for any damages, liabilities, claims, demands, etc. for any loss caused to or suffered by the Customer and MMTC-PAMP disclaims any liability arising due to the same.
The GAP is controlled and offered by MMTC-PAMP in India. MMTC-PAMP makes no representations, warranties or guarantees that the GAP is appropriate or available for use in other jurisdictions. If Customer accesses or uses the GAP or MMTC-PAMP’s Service from other jurisdictions, then Customer does so by Customer’s own volition and Customer is solely responsible for compliance with local law.
MMTC-PAMP reserves the right at any time and without notice, in MMTC-PAMP’s sole and absolute discretion, to have the GAP hosted by or through one or more other entities and / or in one or more other jurisdictions, provided there shall be no material deterioration in the level of performance of GAP. Subject to the foregoing, the terms and conditions upon which MMTC-PAMP may offer a hosted service, shall be in MMTC-PAMP’s sole and absolute discretion, save and except expressly agreed herein.
MMTC-PAMP shall not be liable for Customer’s failure to follow MMTC-PAMP’s reasonable instructions in connection with the GAP and transactions or for the Customer’s incorrect use or misuse of GAP. Notwithstanding anything in these Terms to the contrary, MMTC-PAMP does not and shall not have or bear any responsibility or liability to the Customer(s) with respect to transaction or transaction quotations, orders, acceptances, confirmations, statements of account, or payments.
MMTC-PAMP will not be liable for any Loss or damage caused by reliance on information obtained in any of our newsletters, literature, reports, e-mail correspondence, website, or any other communication from MMTC-PAMP. MMTC-PAMP will not be liable to any Customer (including but not limited to transferee) for any Losses caused by or relating to Transfer / deposit of Gold to Gold account of any other Customer.
MMTC-PAMP explicitly urges to all its Customers to inspect the package for any damage or tamper before receiving or signing for receipt. If you find any tampering, do not accept the parcel and return the same. MMTC-PAMP will not be liable for any loss or damage caused if the Customer accepts the parcel in spite of it being damaged or tampered. The duty to verify the parcel for any damages or tampering is of the Customer and if the Customer accepts the parcel and later comes to know of any damage or tampering, MMTC-PAMP shall not be liable for any loss or damage to Customer. If such loss is later reported and approved by logistics partner and Insurance Company, the limit of liability shall be restricted to the amount paid by the logistic partner for such loss or damage in transit as per their terms and conditions and the same shall be binding upon the Customer.
The Customer understands and acknowledges that MMTC-PAMP, or any of its respective directors, employees, agents, shall not be liable for any damages, liabilities, claims, demands, etc. by Customer(s) or any loss caused to or suffered by the Customer, for any reason whatsoever. causes of action under these Terms and the facility / services provided by MMTC-PAMP save and except loss caused to the Customer due to quality or merchantability of product or redeemed product sold by MMTC-PAMP. In any case, the liability shall not collectively exceed total amount paid by you, if any, for the particular transaction in question. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
No claim of whatsoever nature arising out of or relating to the use of the Partner Platform and/or any action/omission by Partner, or any of its Retailers, agents, employees, subcontractors, distributors etc. shall lie against MMTC-PAMP.
You acknowledge that MMTC-PAMP will not be liable to you or any other person as a result of your access or use of Gold / redeemable product for indirect, consequential, special, incidental, punitive, or exemplary damages, including, without limitation, lost profits, lost savings and lost revenues (collectively, the "excluded damages"), whether or not characterized in negligence, tort, contract, or other theory of liability, even if MMTC-PAMP has been advised of the possibility of or could have foreseen any of the excluded damages, and irrespective of any failure of an essential purpose of a limited remedy.
You declare that you are an individual not having registration and neither required to take registration under Central Goods and Service Tax Act 2017, State Goods and Service Tax Act 2017, Integrated Goods and Service Tax Act 2017 and Union Territory Goods and Service Tax Act 2017.
You declare that you are not an unregistered dealer of Gold and silver or any other precious metal ornament or any related product.
If found of any misrepresentation then you will be solely responsible for all applicable taxes, interest and penalty due to the government at any given point of time.