POWER OF ATTORNEY
This Power of Attorney (“POA”) is made and becomes effective on the date of online consent provided on www.digigold.com (DigiGold platform, being operated by Amrapali Online Venture Private Limited)
by:
[Full Name of the Customer], S/o/D/o [Father's/Mother's Name], residing at [Address], hereinafter referred to as the "Customer" which expression shall, unless repugnant to the context, mean and include its legal heirs, successors, administrators, and permitted assigns;
IN FAVOUR OF:
Amrapali Online Venture Private Limited, a company incorporated under the Companies Act, 2013, having its registered office at 19-20-21, Narayan Chambers, 3rd Floor, Behind Patang Hotel, Ashram Road, Ahmedabad -380009, operating the digital platform www.digigold.com ("DigiGold"), hereinafter referred to as the "Attorney" or "DigiGold," which expression shall, unless repugnant to the context, mean and include its successors and assigns;
WHEREAS:
1. The Customer is a registered user of the platform DigiGold and holds a digital wallet containing digital gold and/or silver balance ("Metal Balance").2. DigiGold enables its customers to avail financial assistance from its empanelled financial partners, including Non-Banking Financial Companies (NBFCs) and fintech service providers ("Financial Partners").
3. The Customer intends to avail financial assistance/loan from the Financial Partners through DigiGold and, for this purpose, agrees to grant irrevocable rights to DigiGold to act on their behalf concerning the Metal Balance.
NOW, THEREFORE, THIS POWER OF ATTORNEY WITNESSETH AS FOLLOWS:
1. Grant of Authority
The Customer hereby irrevocably and unconditionally authorizes DigiGold to:
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- Block the Metal Balance in the Customer’s wallet at the time of loan application and maintain the block until the loan is fully repaid.
- Unblock the Metal Balance upon full repayment of the loan amount, including all applicable charges, interest, penalties and any other amount due to be paid to the Financial Partner.
- In the event of a Default (including Delayed Payment Default - DPD), liquidate the Metal Balance to settle the outstanding dues, including principal, interest, penalties, and any other charges payable to the Financial Partner.
- Share the Customer’s Know Your Customer (KYC) details and Metal Balance details with the Financial Partners for the purpose of loan processing, approval, disbursal, monitoring, and recovery.
- Perform all acts necessary to effectuate the liquidation and repayment of outstanding amounts in case of default, including executing any documents on behalf of the Customer.
- Act in the best interest of the Customer while ensuring compliance with the financial agreements made with the Financial Partners
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2. Irrevocability
This Power of Attorney shall be irrevocable in nature and shall remain in force until all obligations related to the availed financial assistance are fulfilled.
3. Financial Liabilities & Obligations of the Customer
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- The Customer acknowledges and agrees that the loan amount, along with applicable interest, fees, penalties, and any other charges as determined by the Financial Partner, shall be their sole responsibility.
- The Customer undertakes to repay the loan within the agreed tenure to avoid any liquidation of the Metal Balance.
- In case of default, the Customer shall bear any additional charges, legal expenses, or recovery costs incurred by DigiGold or the Financial Partner in enforcing repayment.
- The Customer agrees that any shortfall after liquidation of the Metal Balance shall remain their liability, and they shall be liable to pay the outstanding balance immediately upon demand.
- The Customer shall not obstruct, challenge, or dispute any actions taken by DigiGold under this POA in good faith to recover the outstanding dues.
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4. Rights & Responsibilities of DigiGold
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- DigiGold shall act solely as an intermediary between the Customer and the Financial Partners.
- DigiGold shall ensure that the Customer’s data is protected in accordance with applicable laws and regulations.
- DigiGold shall not be liable for any adverse financial or market conditions affecting the value of the Metal Balance.
- DigiGold shall notify the Customer of any liquidation prior to execution, except in cases where automatic liquidation is necessary to prevent further loss.
- DigiGold shall have the exclusive authority to execute all necessary actions regarding the Customer’s Metal Balance in connection with loan servicing and settlement.
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5. Limitation of Liability
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- DigiGold shall not be held liable for any loss or damages arising from the exercise of its rights and responsibilities under this POA in good faith and in accordance with the terms agreed upon by the Customer and the Financial Partners.
- DigiGold shall not be responsible for any delays or technical issues affecting the transactions, loan processing, or liquidation of the Metal Balance.
- The Customer acknowledges that DigiGold will act upon instructions from the Financial Partner and shall not be liable for any financial consequences resulting from loan transactions.
- DigiGold shall not be responsible for any taxation, duties, or charges applicable to the sale, transfer, or liquidation of the Metal Balance.
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6. Indemnification
The Customer hereby agrees to indemnify, defend, and hold harmless DigiGold, its directors, officers, employees, agents, representatives, and assigns from and against any and all losses, liabilities, claims, damages, penalties, costs, legal fees, and expenses of any kind arising from:
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- Any misrepresentation, inaccuracy, or incompleteness in the information provided by the Customer.
- Any default, non-repayment, or delayed payment by the Customer.
- Any actions undertaken by DigiGold under this POA in accordance with the terms herein, including blocking, liquidation, or disclosure of information to Financial Partners.
- Any regulatory actions, legal proceedings, or claims arising due to the Customer’s use of the platform or availing of financial assistance through DigiGold.
- Any liabilities arising from unauthorized access to the Customer’s account due to negligence in safeguarding login credentials.
- Any impact of market fluctuations on the Metal Balance during the blocked period or after liquidation for loan repayment.
- Any costs incurred in legal or recovery proceedings initiated due to the Customer’s non-compliance with loan obligations.
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7. Termination
This POA shall remain in effect unless and until:
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- The loan availed by the Customer is fully repaid, including all interest, charges, and penalties.
- DigiGold, at its sole discretion, chooses to release the Customer from this POA after due verification of loan closure.
- Termination by operation of law or regulatory requirements.
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8. Governing Law & Jurisdiction
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- This Power of Attorney shall be governed by and construed in accordance with the laws of India.
- Any disputes arising from or related to this POA shall be subject to the exclusive jurisdiction of the courts of Ahmedabad, Gujarat.
- The Customer waives any objections based on jurisdiction or venue in any such proceedings.
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9. Severability
If any provision of this POA is found to be invalid or unenforceable, the remainder of this POA shall continue in full force and effect.
10. Amendments & Modifications
This POA may not be amended, modified, or revoked except by a written agreement executed by both parties.
IN WITNESS WHEREOF, this Power of Attorney is executed upon the Customer’s online consent provided on www.digigold.com (DigiGold platform operated by Amrapali Online Venture Private Limited), with no physical signature required. Such online consent is final and valid for all rights and authorities granted under this Power of Attorney.