Savarnodaya by Kamdhenu Jewellers
- tntroduction: These tMS and ondiions applicable to aess and/or Use of the Application/Platform of Savarnodaya by Kamdhenu jewelers. Kamdhenu Jewellers is registered under The Rajasthan shops and commercial establishment act 1958 in 2003 and commercial tax department Rajasthan registration no.08442608883 from 2003 and registered( from 2008).Kamdhenu jeweller also registered in msme udayam-rj-22-0011886 and registered under goods and service tax department from 2017.Gstin no.08ACAPS8128B1ZQ This document is an electronic record inTerms of the information technology act 2000 and rules there under as applicable and the provisions pertainingto 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. This document is published in accordance With the provisions of rule 3(1) of the information technology (intermediaries' guidelines) rules, 2011 that requires publishing the rules and regulations, privacy policy, and terms of use for access or usage of the platform. The Platform offers Services like buying, selling, Gifting, and redemption of such purchased Gold (as defined below). The purchased Digital Gold can be redeenmed from the retal store ofkamdhenujevelles. arupon padng Redemption request of such Gold/product in such forms desired by the Customer. 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 shell be the responsibility of the Customer to understand the Business, and transactions, undertake Comprehensive due diligence, and read all the documents published and recommended by the Platform priorto interacting/transacting on the Platform Part I and part II of these terms of use shall be collectively referred to as the 'terms' and shall always be read together. DEFINITIONS: For the purpose of these Terms, wherever the context so requires, the term: "Customer individual, who As the counterparty transacts using the Platform for buying Gold (as defined below), taking delivery of Gold, and/or seling back the Gold to kamdhenu jewellers as outlined in these Terms. "Gold; shall mean 24 Karat gold 99.5 mean any Purity, offered to the customers by kamdhenu Jewellers under the brand name Savarnodaya Digital Gold". "Bullion means precious metal like Gold, ^ilver, and/or Platinum purchased by the customer from the platform which shall be in the custody of kamdhenu jewellers. "Digital Gold Account shall mean the customer's Gold saving account created and maintained with the Platform whether by you or otherwise, in accordance with these Terms. "Digital Gold Account Information"shall mean the information provided by you for the purpose of the creation of the Gold Account. "Customer Request shall mean a taking Delivery Request, sale Request, or Exchange Request priced by you in relations to the Customer Gold. "Force Majeure Event shall mean any event that is beyond the reasonable control of kamdhenu jewellers. and shall include, without limitation, sabotage, fire, flood, explosion, the act of God, civil commotion, strikes, lockouts, or industrial action of any kind, riots, insurrection, war, acts of government, computer hacking, civil disturbances, unauthorized access to computer data and storage device, computer crashes, virus attacks, breach of security and encryption, and any other similar events not within the control of kamdhenu jewellers and which kamdhenu jewellers is not able to overcome Person shall mean an individual, a corporation, a partnership, a joint venture, a trust, an unincorporated organization, and any other legel entity. "bullion means precious metal like Gold, Silver, and/or Platinum purchased by the customer from the platform which shall be in the custody of kamdhenu jewellers
- "Platform" shall mean, and incude every point ofsale including physical locations like ethe showroo physical place where the purchase can be enabled, the mobile web application, mobile app, and websiteb name and style Of www.kamdhenu jewellers.in, that the Customer accesses for the transactions including all contents, services, and technology offered through the Platform. "Payment Gateway shall mean any electronic modes of payment forthe transmission or paymentr money; Transfer refers to a facility to transfer Gold from a Gold Account to another Gold Account. In addition to the terms defined in Section 2,1, additional terms used herein shall have the respecti meanings assigned thereto in the relevant sections contained hereinafter.TERMS ANDCONDITIONS OF SERVICES BEING PROVIDED BY Kamdhenu jewellers. The Customers are advised to read and understand these Terms carefully before using the Services. Qut moo due to cuket eineslo Gold a seuice tof byg anå iuvestig' oawemance awa ease Helne you Cau bt
- Kamdhenu jeweler with its registered office at dudheswar mahadev mandir ghoro ka chowk JodhpuUT, Rajasthan, India. Kamdhenu jewellers will be selling gold andproviding services of safekeeping/vaulting and fulfillment of gold and related services thereto to the Customers, on or through the Platform (Services). Gold and Givee je voellary The Gold is being offered for purchase and/or sale by kamdhenu jewelers. under its brand name Savarnodaya Digital Gold", Any and all of the transactions relating to the Services are being rendered by kamdhenu jewelers. Kamdhenu jewelers does not guarantee any returns, on any transactions consummated vis-à-vis the Platform, to any person, either directly or indirectly. The Customer (here in after Referred to as you, with the term you're being construed accordingly) shall be solely responsible for undertaking appropriate and effective due diligence and related analysis before undertaking any transactions pursuant to these Terms of Use. You further acknowledge and agree that kamdhenu jewelers and its officers, directors, employees, agents and affiliates will have no liability for your purchase or other decisions using the Platform. The Services by kamadhenu jewelers shall be provided for a term commencing from the date of creation of the Gold Account. You understand and acknowledge that the Servioes are being provided and made available on an "AS IS"ad "AS AVAILABLE basis. The Platform may contain errors or inaccuracies that could cause failures, corruption or loss of data and/or information from your device and/ or any device used by you to connect to the Platform as well as from peripherals (including, without limitation, servers and computers) connected to any of the above-mentioned devices. You assume all risks and costs associated with your use of the Services and the Platform, including without limitation, any costs incurred for the use of your device and any damage to any equipment, software or data. You confirmthat you are not registered under the Goods and Services Tax Act, 2017 and that if, in the course of your relationship with kamdhenu jewelers you become registered under the Goods and Services Tax Act, 2017, you shall inform kamdhenu jewelers cfyour change in status immediately, and provide any relevant information and documents, as may be requested. Use ofthe Platform and/orthe Services is available only to persons who can enter into legality binding contracts under the Indian Contract Act, 1872 and to citizens Of India, including Non-Resident Indians. Person who are incompetent to contract within the meaning of the IndianContract Act, 1872 including minors, un-discharged insolvents and persons of unsound mind are not eligible to use the Platform or the Services; Any person under eighteen (18) years of age is not eligible to directly register on the Platform and shall not transact on or use the Platform in relations 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: () 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 honor 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; (íi) The parent/legal quardian 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 SAFE KEEPING/VAULTING OF GOLD Gold purchased by you coresponding to the Customer Order shall be stored with kamdhenu jeweler's safety vault on your behalf. You will be provided with free storage for your Customer Gold for such period as more particularly stipulated by kamdhenu jewelers. in this regard from time to time at its sole discretion and notified to
- Customers on the Platform ("Free Storage Period"). After the expiry of the Free Storage Period, kamdhenu jewelers shall be entitled to levy storage charges for such Customer Gold at such rate as would be specified on the Platform, and which may be revised from time to time. The charges would be levied by deducting the gold balance at the end of each month by a percentage amount at the: specified rate. You are advised to periodicity check the Platform to understand these storage charges. Inthe event, kamdhenu jewelers is not able to deduct the storage charges because Your gold balance is to0 low, then kamdhenu jewellers shall be entitled to sell such portion of Your Manual Customer Gold Stored in the vault that is necessary or reguired to recover the unpaid storage charges in question. You hereby authorize kamdhenu jewellers to store such gold products purchased by you, including, but not Ltd. to, gold, coins or jewelry (as the case maybe) in the secured vault on your behalf (Customer Gold). It is hereby clarified that your purchase of the gold corresponding to the Customer Order shall be deemed to be Completed and title in relations thereto shall be deemed to have been passed upon such relevant portion of the Customer Gold being stored in the Vault on Your behalfor upon a final invoice being issued by kamdhenu jewelers in accordance with these Terms, subject to applicable laws. To ensure that the Customer Gold stored in such vault is adequately protected, necessary insurance policy/is has been obtained. Pursuant to such insurance policy/is, for any loss or damage to the Customer Gold stored in the vault, you further authorize kamdhenu jewelers to act as your beneficiary under the insurance policy/is and to take all steps necessary to protect your interests. Any lapse in taking of the insurance policy due to any reason whatsoever shall bethe responsibility of the Customer and not kamdhenu jewellers While kamdhenu jewelers hastaken the necessary insurance policy/ices, in case of occurrence of an event not covered in such insurance policy/ies, the Customer Gold may be at risk. The insurance policy/ies obtained are in line with the global industry practices and cover losses due to fire, lightning, theft, cyclone, earthquake, flood, etc. but do not cover losses due to events such as war, revolution, derelict weapons of war, nuclear radiation, etc. FORCE MAJEURE If performance under these Terms is prevented, restricted, delayed or interfered with by reason of labor disputes, strikes, acts of God, foods, lightning, severe weather, shortages of materials, rationing, inducement of any virus, Trojan or other disruptive mechanisms, any event of hacking or illegal usage of the Platform, utility or communication failures, earthquakes, war, revolution, acts of terrorism, civil commotion, acts of pubic 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, orfailure of any device used to access the Platform, or any other act whatsoever, whether similar or dissimilar to those referred to in this section, which are beyond the reasonable control of kamdhenu jewelers and could not have been prevented by reasonable precautions then kamdhenu jewelers shall be discharged from such performance to the extent of and during the period of such force majeure event. Such non performance by kamdhenu jewelers shall, in no manner whosoever,amount to a breach of its obligations Herein. TERMINATION OF SERVICES by kamdhenu jewelers Kamdhenu jewelers in its sole discretion, may modify, suspend, or terminate access to or may require the Platform to modify, suspend, or terminate access to, all or any portion of the Platform or Your ability to access any Services through the Platform at any time for any reason including termination for breach of any of these Terms or the Privacy Policy. These Terms shall further stand terminated: If kamdhenu jewelers is adjudged bankrupt or declared insolvent; If kamdhenu jewelers ceases to carry on its business Upon any corporate action (excluding any third party corporate action), legal proceedings or other procedures or steps being taken in relations to the suspension of payments, winding up, dissolution,
- administration, provisional supervision or reorganization or restructuring (by way of voluntary arrangenment, scheme of arrangement or otherwise) of kamdhenu jewelers Upon kamdhenu jewelers commencing a voluntary proceeding under any applicable bankruptcy, insolvency, winding up or other similar applicable law nowor 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 ortaking possession bya receiver, liquidator, assignee (or similar of official) for the whole or a substantial part of its property or takes any action towards its re-organization, liquidation or dissolution; Upon an order being made for the Winding up, bankruptcy or dissolution of kamdhenu jewelers or an application is admitted for initiating any corporate insolvency resolution process against kamdhenu jewelers in accordance with Applicable Law; Upon any encumbrance lawfuly taking possession, or a liquidator, judicial custodian, receiver, administrative receiver ortrustee, or any analogous officer having been appointed in respect of the whole or a substantial part of the property of kamdhenu jewellers, 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 kamdhenu jewelers or any action has been taken or suffered against kamdhenu jewelers towards liquidation or dissolution or similar reorganization; or Upon the happening of any of the events referred to in Section 6.2, and where there is any insufficiency Of kamdhenu jewelers funds required to pay any costs and expenses to be incurred in relations to providing delivery of Your Customer Gold to You, then in such an event you do hereby authorize kamdheniu jewellers to see any part of the Customer Gold, that is necessary or required to defray such costs and expenses. Itis not possible to accurately predict The time required to make any such distribution; and/or the amount received by you from such distribution may not be sufficient to completely extinguish kamdhenu jewellers liability to you; and consequently, no liability shall accrue in relations to the above. CONSEQUANCE OF TERMINATION OF SERVICES BY Kamdhenu jewellers Upon such termination for any reason whatsoever: Fractional amounts for gold holdings of less than 1 (One) gram may be sold and cash in pursuance thereto will be sent directly to Your bank account, after deducting all the requisite charges relating to the appointment of Intermediaries (including but not Ltd. to charges due and payable to Intermediaries and any other out of pocket expenses, custody charges, minting and delivery charges) Charges. You acknowledge that the termination of your access to the Platform and Services may be affected without any prior notice, and the Digital Gold Account may be immediately deactivated or deleted, and all related information and/or barany further access to the Digital Gold Account on the Platform or the Services. Further, you agree That Kamdhenu Jewellers shall not be liable for any discontinuation or termination of Services By any third party. None ofYour content shall remain accessible on the Platform upon termination, This information cannot be recovered by you, once the account is terminated. GOVERNING LAW ANDDISPUTE RESOLUTION These Terms shall be governed by and interpreted and construed in accordance with the laws of India. The courts Of Jodhpur shall have exclusive jurisdiction over any disputes arising under these Terms. In the event of any dispute arising out of these Terms, the same shall be settled by a binding arbitration conducted by a sole arbitrator, appointed jointly by both parties and governed by the Arbitration and Conciliation Act, 1996. The venue of arbitration shall be Jodhpur, Rajasthan, India. PART -I CREATION OF savronodaya by Kamdhenu Jewellers DIGITAL GOLD ACCOUNT AND REGISTRATION OBLIGATIONS
- legal and Process Validations needed Berore dValling the Services, the Customer shallcomplete the registration process as may be prescribeu Trom time to time. The Customer shall follow the instructions given in the Platform for opening d DIgital Gold Account. Kamdhenu Jewellers shall be entitled to collect and store relevant information and ocuments provided by the Customer to the Platform for KYCpurposes. AS and when required by Kamdhenu jewellers, the Customer will be required to provide additional documents for fulfilling the KYC requirements, You authorize Kamdhenu jewellers to make such inquiries as may be necessary to satisfy about the validity of your identity. You shall be responsible for the correctness of information provided to kamdhenu jewellers from time to time. Ifyou have reasons to believe that there is an error in the information furnished by You, You shal! immediately provide correct /updated information. Kamdhenu jewelles reserves the right to terminate any Digital Gold Account, with or without notice to you, in the event the KYC documents/information is found to be incorrect or the authenticity of The documents/information is found to be doubtful. You hereby undertake to indemnify and keep indemnified Kamdhenu jewellers against any and all losses, claims, inabilities 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. Know Your Customer and Verification Prior to placing an order, You may be required to provide certain KYC documentation and other information as may be required by Kamdhenu jewellers in such form and manner as it may deemfit. Once such documentation and other information are provided by you To Kamdhenu jewellers, You shal! be entitled to place an order on the Platform (Customer Order). You agree that your continued use of the Platform, consequent upon the creation of the Digital Gold Account, is subject to verification by Kamdhenu jewellers, of the information and documentation provided by you. You hereby grant Kamdhenu jewellers permission to conduct such verification, in such form and manner as it may deem fit. You further acknowledge that Kamdhenu jewellers reserves the right for such verification either on registration of the Digital Gold Account or at any time thereafter. Customer's Obligations You will be responsible for maintaining the confidentiality of the Digital Gold Account Information and shall be fully responsible for all activities that occur underthe Gold Account. You agree to immediately Notify Kamdhenu Jewellers of any unauthorized use of the Digital Gold Account Information or any other breach of security. Kamdhenu jewellers cannot and will not be liable for any loss or damage arising from your failure to comply with this section. You may be held liable for losses incurred by Kamdhenu jewellers or any user or visitor of the Platform due to authorized or unauthorized use of the Gold Account, as a result of your failure in keeping the Digital Gold Account Information confidential You shall ensure that the Gold Account Information provided by you in the registration form is complete, accurate and up-to-date. Use of another customer's account information for availing of any of the Services and/or for use of the Platform is expressly prohibited. You agree that ifyou provide any information that is untrue, inaccurate, not current or incomplete, (or becomes untrue, inaccurate, not current or incompiete) or if Kamdhenu jewellers has reasonable grounds to suspectthat such information is untrue, inaccurate, not correct, incomplete, or not in accordance with these Terms, Kamdhenu jewellers shall have the rightto indefinitely suspend or terminate or block access to the Gold Account on the Platform and refuse to provide You with access to the Platform. PURCHASE OF GOLD You can offerto buy Gold worth Rs.100.00 (Rupees Hundred Only) and above
- Incremental value thereof at the market-linked prices of gold shown/displayed on/ atthe Platrorm Market-inked prices means that these quotes are inked to the prices of gold in the commercial Gold market in India. It is hereby clarified that such imarket- inked prices of gold shall constitute fully binding offers and would be an invitation to offer to purchase gold at the said market prices to all Customers. Notwithstanding the foregoing, you understand that these prices may vary multiple times within a day, and accordingly your payment obligations for any order will depend on the market- inked prices then prevailing. While reasonable efforts will be made to offer youa competitive price for Customer Gold, there is no guarantee that the price offered to you wiii be close to or comparable with other prices available in the market. Payment wiii be accepted through the payment options made available on the Platform, which may include payment at the place of sale and redirection toa Payment Gateway hosted by other third-party websites or platforms, Including Kamdhenu jewellers at the time of purchase/fulfillment/ sale-back/transfer of Gold, the relevant taxes wii be chargeable as applicable as perthe Government requlations. It is hereby clarified that once a Customer Order is placed, You are not entitled to cancel a Customer Order, provided however that a Customer Order shall stand canceled if the online payment fails for any reason whatsoever. Kamdhenu jewèllers reserves the right to cancel a customer Order, at its sole discretion, if your information, provided prior to placing the Customer Order, is not found acceptable and Kamdhenu jewellers is of the opinion that you are not eligible to purchase gold. The Digital Gold Account shall accordingly stand amended. Kamdhenu jewellers shall have the right to freeze the Digital Gold Account until it receives KYC and other documentation in a form and manner satisfactory To Kamdhenu jewellers. Once the payments are received by Kamdhenu jewellers and the KYC information is found acceptable, Kamdhenu jewellers shall issue an invoice to You confirming the Customer Order placed within a period of 3 (Three) business days of placing such order, in a manner, it may deem fit. Notwithstanding anything to the contrary contained in these Terms, Kamdhenu jewellers shall be entitled to accept or reject a Customer Order, for any reason whatsoever, at its sole discretion. In case of rejection of a Customer Order in accordance with these Terms, where payments have been received by Kamdhenu jewellers, such payments shall be returned to you to the bank account inked to your account, subject to the terms and conditions indicated on the Platform. REDEMPTION OFTHE GOLD You may choose to, (i) sell back partially or fully to the Kamdhenu jewellers, Gold for cash into Your Customer Bank Account/UPI acCount, or (ii) redeem Gold for any jewelry Products. It is Hereby clarified that your purchase of the jewelry Products corresponding to a redemption request shall be deemed tobe completed and the title in relations thereto shall be deemed tohave been passed to you, upon entering the redemption OTP at the retail store ofthe jeweler. In order to redeem the Gold currently in the Secured Vaut, the Customer shall put in a redemption request through the Platform. The jeweler will receive an OTP and convey the same to the Customer at the retail store for completing the redemption process. Redemption of Digital Gold Forcash: You can sell Gold on any day at the Displayed Price of the relevant Gold shown on the Platform; It must be noted by the Customer that you shall be provided the option to sell back gold only upon the expiry of at least Three days from the purchase of such Gold; You wii be required to place a sale order on the Platform. At the time of piacing a redemption request, you must confirm details ofYour Customer Bank Account: and
- Upon Your sale order being placed, the Platform shall process the sale of gold from the gold balaie Your Digital Gold Account. Sale proceeds shall be credited directly to Your Customer Bank AccOu. within the time period notified to you on the Platform. Redemption of Digital Gold For iewelry from The Kamdhenu retail store: TOu may redeem Your Digital Gold balance by converting the Gold into jewelry of your choice from the options made available by the Kamdhenu jewellers at its retail store. You wiii be required to place a redemption order on the Platform; Upon reaching the Kamdhenu jewelry store dafter having verified you as a bonafide Customer, the Kamdhenu jewellers shall receive an OTP. The Kamdhenu jewellers shall communicate to you the OTP, which you shall enter on the Platform; You may choose your jewelry fromn designs available or order to make with the Kamdhenu jewellers and You wii be required to pay the applicable making charges and/or any balance Gold or stone charges directly to the Kamdhenu jewellers at the retail store during the redemption process; You shall take the delivery of the newly prepared jewelry from the respective Kamdhenu jewellers store and also provided you an invoice for the jewelry or the making charges, as per the requirements of the redemption; You may choose to deliver the Gold bought by You on the Platform to the respective Kamdhenu jewellers store to buy jewelry available with the Kamdhenu jewellers in exchange for the same for such transaction, Kamdhenu jewellers shall prepare an invoice forthe total amount of jewelry bought by you at the store at the time of exchange/ purchase. The valuè of the Gold wiii be as per the rate of Gold applicable on such date of exchange/purchase. The total armount payable by You for such form of redemption shall be the balance amount calculated by the Kamdhenu jewellers for the exchange/ purchase and the GST on the total amount mentioned in the invoice; and each physical redemption by You, whether for cash (being transferred to Your Customer Bank Account) or for redemption via the purchase of jewelry, shall automatically result in a corresponding physical reduction in total gold balance lying to the credit of Your digital gold Account. Once a redemption is made as per your instructions, your digital gold Account and Secure Vault wiii be updated accordingly for the Gold balance. In the event, You have chOsen to redeem Gold for jewelry, fractional amounts for Gold holdings of less than one (1) gram may be sold in cash in pursuance thereto and wiii be remitted to the Customers Bank Account. You may also choose to retain the fractional amounts of Gold, as Gold in the Digital Gold Account and not redeem the same. 9.4. Redempion of Gold via Home delivery: The Platform provides the option of redeeming the purchased Gold through home delivery Service offered by The Kamdhenu Jewellers subject to the availability of service; (As of now the facility is not available) USE OF THEPLATFORM AND SERVICES You acknowledge that the Services are for your personal use and agree notto publish the gold prices or descriptions of gold and/or any Other information displayed on the Platform (in lieu of your access to the Platform) on any other medium. You shall not modify, copy, distribute, transmit, display, perform, reproduce, publish, incense, create derivative works from, transfer, or see any information, software, products, or services obtained from the Services. Subject to these Terms and the Privacy Policy, You hereby grant to Kamdhenu jewellers a non-exclusive, worldwide, royalty-free right to (a) client, store and transmit Your data, in each case solely to the extent necessary to provide the Services to You, and (b) share Your data or interact with other people, to Distribute and publicity perform and display Your Data as you direct or enable through the Services. You wii provide Your consent to Kamdhenu jewellers as may be required under applicable law for the use and/or sharing of any data generated by You when purchasing Gold or otherwise using the Platform for
- any services related to the purchasing of the Gold in such manner as Kamdhenu Jewellers may stipulate in this regard. Your data wiii continue to be governed by confidentiality obligations outlined in Section 21. You represent and warrant that: (Ö) You have obtained all necessary Rights, releases, and permissions to provide all your data to Kamdhenu jewellers and to grant the rights granted to Kamdhenu Jewellers in these Terms and (i) Your data and its transfer to and use by Kamdhenu jewelers as authorized by You under these Terms do not violate any laws or rights of any third party, including without limitation any intellectual property rights, rights of privacy, or rights of publicity, and any use, collection, and disclosure authorized herein is not inconsistent with the terms of any applicable privacy policies. Other than its security obligations underthese Terms and the Privacy Policy, Kamdhenu jewellers assume no responsibility or liability for your data, and you shall be solely responsible for your data and the consequences of using, disclosing, storing, or transmitting it. Kamdhenu jewellers shall not be held liable for any loss of data, technical or otherwise, information, or for particulars supplied by you, due to the reasons beyond its control like corruption of data or delay or failure to perform as a result of a Force Majeure Event. Kamdhenu jewellers shall have the sole discretion to determine the locations and pin codes it may want to serve. The provision of Services may be interrupted, including for maintenance, repairs, upgrades, or networkor equipment failures, Kamdhenu Jewellers strives to keep the Services up and running; however, all online services suffer oCcasional disruptions and outages. Kamdhenu jewellers are not liable for any disruption or loss you may suffer as a result. Kamdhenu jewellers may discontinue some or all of th Services,including certain features and the support for certain devices and platforms, at any time. SUSPENSION / CLOSURE OF GOLD ACCOUNT Kamdhenu jewellers may, at ita discretion, suspend the Gold Account ofCustomers, ifthere appears to be fraudulent or suspicious activity in the account. If Kamdhenu jewellers is of the opinion that You are involved in any unlawful activity or the Gold Account is used for any unlawful purpose by you or any third party, Kamdhenu jewellers shall have the right to take all actions available to it, including blacklisting or blocking You from using the Services on its Platform or blocking Your access to the Services through the Platform or intimating the relevant authorities of such unlawful activities. Kamdhenu jewellers shall. not be held liable/responsible, in any manner whatsoever, for any loss/ liability arising out of or relating to any technical failure/ issue in Platform and/ or acts/omission not attributable to it. You shall inform immediately, in any case No later than 7 (seven) days of the transaction, of any irregularities or discrepancies that may exist in Your Gold Account, failing which it shall be deemed that there is no error or discrepancy in the account. All records maintained by Kamdhenu jewellers, in electronic or documentary form of the instructions of the Customer and such other details (including, but not Ltd. to payments made or rceived) pursu¡nt to the Terms, shall as against the Customer, be deemed tobe conclusive evidence of such instructions. FEES You hereby agree that you shall be liable for all fees and charges associated with the use of the Platform and Services. Further, details of the fees payable (Including, but not Ltd.to the terms pertaining to such fees and the quantum thereof), have been set out on the Platform. Please note that the fees and charges may be revised from time to time and it would be your responsibility to view the Platform to check the thèn current fees and charges payable.
- It is hereby clarified that fees and charges once paid, are non-refundable. All payments made for the use of the Platform and/or purchase of Customer Gold by you shall be compulsorily in Indian Rupees. While avaling any of the payment method/s available on the Platform for availing the Services, Kamdhenu Jewellers shall not be responsible for or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to you dueto: Lack of authorization for any transaction(s), or exceeding the preset limit mutuality agreed by you and between bank/s and other institutions used by you in making payment, or any payment issues arising out of the transaction, or Rejection of transaction for any other reason(s) whatsoever. Kamdhenu jewellers may temporarily/permanently suspend/ terminate the Gold Account or refuse access in case of non-payment of fees due by you. Without limitation to the other rights and remedies available to Kamndhenu jewellers, it also reserves The right to take legal action MEMBER ELIGIBILITY Use of the Platform and/or the Services is available only to Persons who can enter into legally binding contracts under the Indian Contract Act, 1872, and to Persons Resident in India. Persons who are incompetent to contract within,meaning of the Indian Contract Act, 1872 including minors, un discharged insolvents, and persons of unsound mind are not eligible to use the Platform or the Services. Any person underthe age of 18 shall not register on the Platform and shall not transact or use the Platform in relations to or for any Services. Kamdhenu jewellers reserves the right to terminate any Person's membership and/ or refuse to provide such Person with access to the Platform and/or any Services if it is brought to Kamdhenu jewellers notice or if it is discovered that such Person is not eligible to use the Platform and/or any Service. ABSENCE OF RELATIONSHIP You represent and warrant to Kamdhenu jewellersthat you have sufficient experience and knowledge to make informed decisions to purchase/ see Gold. You acknowledge that you have not relied on any information made available either by Kamdhenu jewellers and that Kamdhenu jewellers is not making any recommendation with respect to such purchases/ sale-back of Gold. No relationship other than seller-purchaser, including, without limitation, any agent-Principal relationship, any advisor-advisee Relationship, any employee-employer relationship, any franchisee-franchisor relationship, any joint venture relationship or any partaership relationship, exists between you and Kamdhenu jewellers you acknowledge that Kamdhenu jewellers is not providing/ dealing in / offering any investment product and does not offer any quarartee/ assured returns. You further acknowledge that the value of Gold may vary depending on various factors and forces. ELECTRONIC ORDER RISKS Commercial intermet service providers are not 100% reliable and a failure by one or more ofthese 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 Kamdhenu jewellers.. Therefore, Kamdhenu jewellers shall not be responsible for errors, negligence, inability to execute orders, delays in transmission, delivery or execution of order due to breakdown or failure of transmission or communication facilities(including in any device used to connect to the Platform), or to any other cause beyond Kamdhenu jewellers control or anticipation. FEEDBACK The Platform may allow you t¡post your review and experience of using the Platform (Reviews) in order to improve the Platform and the user experience. You, being the originator of the Reviews, are responsible for the Reviews that you upload, post, publish, transmit, or otherwise make available on the Platform. You represent that all such Reviews will be in accordance with applicable law. You acknowledge that Kamdhenú jewellers does not endorse any
- ReviewNS onthe Platform and is not responsible or liable for any reviews, Kamdhenu Jewellers resevesthn right to disable access to the Reviews on the Platform. You hereby grant Kamdhenu jewellers 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 Kamdhenu jewellers in any form including but not Ltd. to print, broadcast, online and across any and all websites and platforms owned by Kamdhenu jewellers You further represent and warrant that while posting any Reviews on the Platform You shall not use any offensive, libelous, derogatory, hateful, or racial or ethnicity objectionable language. Further, you shall not post any content on any part of the Platform that is obscene, Pornographic, or constitutes an"indecent Representation of women "as provided in the Indecent Representation of Women (Prohibition) Act, 1986. CONFIDENTIALI As elaborated under the Privacy Policy, Kamdhenu jewellers wiii 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. Kamdhenu jewellers acknowledges that its employees, directors, agents, and contractor's shall use the confidential information only for the intended purpose for which it is provided. Kamdhenu jewellers shall use all reasonable endeavors to ensure that its employees, directors, agents, and contractors acknowledge and comply with the provisions of these Terms of confidentiality as if such person was subject to these Terms of confidentiality. CONTENT AND INTELLECTUAL PROPERTYRIGHTS. Kamdhenu jewellers solely and exclusively own respective copyrights, trademarks, service marks, logos, trade names, and other intellectual and proprietary rights associated with the Services provided by Kamdhenu jewellers and displayed on/ accessed on the Platform and is protected under Indian law.You hereby acknowledge that the Services constitute original works and have been developed, compiled, prepared, revised, selected, and aranged by Kamdhenu jewellers respectively through the application of methods and standards ofjudgment developed and applied through the expenditure of substantial time, effort, and money and constitutes the valuable intellectual property of Kamdhenu jewellers and such others. You thereby agree to protect the proprietary rights of Kamdhenu jewellers during and after the term of these Terms. You may not selectively download portions of the Platform without retaining the copyright notices. You may download material from the Platform only for the purpose intended by these Terms. Any infringement shall lead to appropriate legal proceedings against you atthe appropriate forum for seeking all available remedies under applicable laws of the country. LINKS TO/FROM THIRD-PARTIESWEBSITES/APPLICATIONS The Platform may contain inksand interactive functionality interacting with the websites/locations of third Parties. Kamdhenu Jewellers is not responsible for and has no liability for the functionality, actions, inactions, privacy settings, privacy policies, terms, or content of any such website/ physical locations. Before enabling any sharing functions to communicate with any such website or otherwise visiting any such website, KamdhenuJewales strongly recommends that youreview and understand the terms and conditions, privacy policies, settings, and information- sharing functions of each such third party website. INDEMNIFICATION You hereby agree to indemnify 'and Keep Kamdheu Jewelers indemnified from and against all actions, claims, demands, proceedings, losses, damages, costs, charges, and expenses, directly or indirectly, whatsoever ("Losses") which Kamdhenu jewellers and/or its employees, agents, workers or representative rmay at any time incur, sustain, suffer or be put to as a consequence of or by reason of or
- T b P arising outOT: (in)the usage of the Platform and/or any device used by the Customer to access the Plattorm; () by reason of Kamdhenu Jewelers acting in good faith and taking or refusing to takeor omitting to take action on the Customers instructions, and in particular arising directly or indirecuiy out orthe negligence, mistake or misconduct ofthe Customer; (ii) breach or non-compliance of the Terms and relating to The Gold Account; and/or (Iv) fraud or dishonesty relating to any transaction by the Customner. DISCLAIMER OF WARRANTIES ALL INFORMATION, CONTET, MATERIALS, AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE PLATFORM (Collectively, the Contents) are provide by Kamdhenu Jewellers ON AN S AS AVAILABL"BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND Kamdhenu Jewellers. MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE PLATFORM, THE ACCURACY OR COMPLETENESS OF THE CONTENTS AND THE ACCURACY OF THE INFORMATION. Kamdhenu jewellers SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OFANY CONTENT, MATERIALS, DOCUMENT OR INFORMATION ORANY OTHER LOSSES INCURRED BYYOU FOR USE OF THE PLATFORM. YOU EXPRESSLY AGREE THAT THE USE OF THE PLATFORM IS ATYOUR SOLE RISK. Kamdhenu Jewellers WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE PLATFORM OR THE SERVICES OR THE CONTENTS INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES UNLESS OTHERWISE SPECIFIED IN WRITINGT TO THE FULL EXTENT PERMITED BY LAW Kamdhenu Jewellers DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE PLATEFORM (OR ANY PART THEREOF) AND ITS CONTENTS, WHETHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION WARRANTIES OF TITLE, MERCHANTABILIt AND FITNESS FORA PARTICULAR PURPOSE OR USE. LIMITATION OF LIABILITY Youhereby acknowiedge that Kamdhenu jewellers (including but not Ltd. to its, directors, employees, agents or partners) shall not be held liable to you for any special, consequential, incidental, and exemplary or punitive damages, or loss of profit or Revenues. Kamdhenu jewellers shall also not be liable under any circumstances for damages arising out or related in any way to Your inability to access, or Your difficulty in accessing the Platform to avail of any Services, any bugs, viruses, Trojan horses, or the like, which may be transmitted to or through the Platform by any third party, any loss of Your data, any claim relating to Your data or content from the Services and/or Your failure to keep the Gold Account Information secure and confidential. You further agree that Kamdhenu jewellers shall not be held responsible in any manner whatsoever for any and all acts or omissions of any Intermediaries or any other third party whosoever including (but not Ltd. to) any person whose device has been used by You to access the Platform and/or any person appointed/nominated for the purposes of accepting/codirecting any payments from You for the purchase of Gold. GRIEVANCE REDRESSAL MECHANISM In accordance with the Information Technology Act, 2000and Rules made thereunder: The contact detail of the Grievance officer for the purposes of Kamdhenu jewellers are: E-mail ID www.kamdhenu jewellers. in AMENDMENTS, ACCEPTANCE OF TERMS Kamdhenu Jewellers reserve the right, to change, modify, add, or remove portions of these Terms at any time. Such changes shall be posted on the Platform and shall be notified to the Customer prior to making such changes. Notwithstanding an/hang to the contrary, Customer shall be responsible for reqularity reviewing the Terms, induding amendments thereto as may be posted on the Platform, and shall be deernedtohave acoepted the amended Terms by continuing the use of Platform. Accessing, browsina or otherwise using the Platform indicates your agreement to ai the terms and conditions under these
- You are advised to read these Terms carefuiiy before proceeding. By impliedly or expressly accepting these Terms, You also accept and agree to be bound by aii policies, including but not Ltd. to the privacy policy of Kamdhenu jèwellers ("Privacy Policy"), as amended from time to time. You can view and read the Privecy Policy of Kamdhenu Jewellers at www.kamdhenu jewellers. in You may not use the Platform or avail of the Services if you do not accept the Terms or are unable to be bound by the Terms. As a condition of your access to and use ofthe Platform or the provision of any Services to You using the Platform, You agree that you wii comply with aii applicable laws and regulations when using the Platform. If Kamdhenu Jewellers is of the opinion that the Gold Account is being used by you for any unlawful purpose, Kamdhenu jewellers shall have the right to take all actions available to it, including blacklisting or blocking you from using the Services through the Platform or intimating the relevant authorities of such unlawful activities.