Terms Of Use

Terms of Use ( T&C)

The Customers are advised to read and understand these Terms carefully before using the Services and the same shall be binding on the Customer without any objection.

INTRODUCTION

THIS DOCUMENT IS AN ELECTRONIC RECORD AS PER THE TERMS OF THE INFORMATION TECHNOLOGY ACT, 2000 AND RULES THEREUNDER AS APPLICABLE AND THE PROVISIONS PERTAINING TO ELECTRONIC RECORDS IN VARIOUS STATUTES AS AMENDED BY THE INFORMATION TECHNOLOGY ACT, 2000. THIS ELECTRONIC RECORD IS GENERATED BY A COMPUTER SYSTEM AND DOES NOT REQUIRE ANY PHYSICAL OR DIGITAL SIGNATURES.

THIS DOCUMENT IS PUBLISHED IN ACCORDANCE WITH THE PROVISIONS OF RULE 3(1) OF THE INFORMATION TECHNOLOGY (INTERMEDIARIES GUIDELINES) RULES, 2011 WHICH REQUIRES PUBLISHING THE RULES AND REGULATIONS, PRIVACY POLICY, AND TERMS OF USE FOR ACCESS OR USAGE OF 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:

  • “AOVL” shall mean Amrapali Online Venture LLP, a Limited Liability Partnership firm incorporated under the  Limited Liability Partnership Act, 2008

  • “Customer” shall mean any individual, who as the counterparty transacts using the platform for buying Gold/Silver (as defined below), taking delivery of Gold/Silver, and/or selling back the Gold/Silver to AOVL or any other buyer as outlined in these Terms.

  • “Gold” shall mean 24-karat gold of 99.9% purity, offered to the Customer by AOVL under the brand name “DIGIGOLD”.

  • “Silver” shall mean 24 karat silver of 99.9% purity or higher, offered to the Customer by AOVL under the brand name “DIGIGOLD”.

  • “DigiWallet” shall mean the account created whether by you or otherwise, in accordance with these Terms.

  • “DigiWallet Information” shall mean the information provided by You for the purpose of creating the DigiGold Account.

  • “Customer Request” shall mean a Delivery Request, Sale Request, or Exchange Request placed by You in relation to the Customer DigiGold.

  • “Force Majeure Event” shall mean any event that is beyond the reasonable control of the AOVL and shall include (without any limitation) sabotage, fire, flood, explosion, an act of God, civil commotion, strikes, lockouts or industrial action of any kind, riots, insurrection, war, acts of government, computer hacking, civil disturbances, unauthorised access to computer data and storage device, computer crashes, virus attacks, breach of security and encryption, and any other similar events not within the control of AOVL and which AOVL is not able to overcome.

  • “Payment Instrument” shall mean any electronic or written cheque, draft, money order, or other electronic or written instrument or order for the transmission or payment of money, whether or not the instrument is negotiable.

  • “Person” shall mean an individual, a corporation, a partnership, a joint venture, a trust, an unincorporated organisation, and any other legal entity.

  • "Platform" shall mean, and include, the mobile application and website by the name and style of “www.DIGIGOLD.com”, that the Customer accesses for the transactions, including all contents, services, and technology offered through the Platform.

  • “Transfer” refers to a facility to transfer Gold/Silver from a DigiWallet to another DigiWallet.

  • “Threshold Quantity” refers to the minimum weight of gold/silver required for delivery as specified by the platform & may change from time to time.

  • In addition to the terms defined in Section 2.1, additional terms used herein shall have the respective meanings assigned thereto in the relevant sections contained hereinafter.

 

TERMS AND CONDITIONS OF SERVICES BEING PROVIDED BY AOVL

  • Amrapali Online Venture LLP, a Limited Liability Partnership firm incorporated under the  Limited Liability Partnership Act, 2008 with its registered office at 19,20,21, 3rd Floor, Narayan Chambers, Behind Patang Hotel, Ashram Road, Ahmedabad 380009  ("AOVL") will be selling gold/silver and providing services of safekeeping/vaulting and delivery/fulfillment of gold/silver and related services to the Customers, on or through the Platform (“Services”).

  • The Gold/Silver is being offered for purchase and/or sale by AOVL under its brand name “DIGIGOLD”. The Services are being provided by AOVL, however, AOVL may utilize any external Payment Gateway Service (“PG Service”) for facilitating the collection of payments for the Services on its Platform. The PG Service Provider assumes no liability for the Services except for providing payment services and Customer Support in addressing the queries related to payments made. Any and all of the transactions relating to the Services are being rendered by AOVL in association with the Intermediaries (namely the Vault Keeper) with whom separate agreements have been entered into by AOVL.

  • The Customers are advised to read and understand these Terms carefully before using the Services and the same shall be binding on the Customer without any objection.

  • AOVL does not guarantee any returns, on any transactions consummated vis-à-vis the Platform, to any person, either directly or indirectly. The investment of the Customer is solely the responsibility of the Customer. The Customer assures that the customer shall not hold DIGIGOLD liable in any circumstances. The Customer (hereinafter referred to as “You”, with the term “Your” being construed accordingly) shall be solely responsible for undertaking appropriate and effective due diligence and market and related analysis before undertaking any transactions pursuant to these Terms of Use. The customer shall analyse the investment and benefits and losses of the investment. You further acknowledge and agree that AOVL and its officers, directors, employees, agents, and affiliates will have no liability for Your purchase or other decisions using the Platform.

  • The Services by AOVL shall be provided for a term commencing from the date of creation of the DigiGold Account.

  • You understand and acknowledge that the Services are being provided and made available on an “AS IS” and “AS AVAILABLE” basis. Due to technical reasons which may not be known to the AOVL, 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 agree to such technical defaults and liabilities.

  • You confirm that you are not registered under the Goods and Services Tax Act, 2017 and that if, in the course of your relationship with AOVL, you become registered under the Goods and Services Tax Act, 2017, you shall inform AOVL of your change in status immediately, and provide any relevant information and documents, as may be requested.

 VAULT KEEPER, INTERMEDIARIES, AND SAFEKEEPING ARRANGEMENT

 Appointment of Intermediaries

  • AOVL or the Vault Keeper (as the case may be) may from time to time appoint intermediaries who shall assist AOVL in providing the Services to You (“Intermediaries”). The term, “Intermediaries” shall mean the Vault Keeper, Vault Keeper, and shall include any and all Persons appointed by AOVL or the Vault Keeper (as the case may be) upon placement of an Order. You hereby consent to the appointment of such Intermediaries, for and on Your behalf, by AOVL or the Vault Keeper (as the case may be). Any default by such intermediaries shall not be the liability of the AOVL.

  • You acknowledge and understand that these Intermediaries have been appointed to ensure that Your Orders/Customer Requests are duly complied with in accordance with these Terms. You additionally acknowledge that certain payments will have to be made to these Intermediaries for their appointment and services in relation thereto, which shall be borne by AOVL on Your behalf unless otherwise indicated in these Terms.

  • Appointment of Vaulting Agent Cum Vault Keeper.

  • You hereby acknowledge and agree that in order to ensure that Your Orders/Customer Requests are fulfilled in all circumstances, a first and exclusive charge on the Gold/Silver by way of allocating the same amount of Gold & Silver with the Vaulting Agent.

  • By way of these Terms, You authorise the Vaulting Agent to act on Your behalf to ensure that Your interests are adequately protected.

  •  Safe Keeping/Vaulting of Gold/Silver.

  • Gold/Silver purchased by You corresponding to the Order shall be stored with a Vaulting Agent in a vault on Your behalf (“Vault Keeper”).

  • You hereby authorise (i) appointment of such Vault Keeper to safe keep the gold/silver purchased; and (ii) AOVL to store such gold/silver products purchased by You, including, but not limited to, bullion, coins or jewelry (as the case may be) in the secured vault on Your behalf (“Gold/Silver”). It is hereby clarified that Your purchase of the gold/silver corresponding to the Order shall be deemed to be completed and title in relation thereto shall be deemed to have been passed upon a such relevant portion of the Gold/Silver being stored in the vault with the Vault Keeper on Your behalf or upon a final invoice being issued by AOVL in accordance with these Terms, subject to applicable laws.

  • To ensure that the Gold/Silver stored in such vault is adequately protected, necessary insurance policy/ies have been obtained by the Vault Keeper, where the cost of insurance to safe keep the same will be borne by the Vault Keeper/AOVL. Pursuant to such insurance policy/ies, for any loss or damage to the Gold/Silver stored in the vault, You further authorize the Vault Keeper to act as Your beneficiary under the insurance policy/ies and to take all steps necessary to protect Your interests.

  • While the Vault Keeper has taken the necessary insurance policy/ies, in case of the occurrence of an event not covered in such insurance policy/ies, the Gold/Silver may be at risk. The insurance policy/ies obtained by the Vault Keeper are in line with global industry practices and cover losses due to fire, lightning, theft, cyclone, earthquake, flood, etc. 

  • It is hereby advised that you read all the third-party service provider terms & conditions as Your acceptance of all their terms and conditions will be considered.

 

TRANSFER OF GOLD/SILVER

    • AOVL may offer You the ability to transfer your gold/silver to another recipient, by means of the “gift” feature, or as part of another product function, such as exchanges.

    • Any such transfer of gold/silver from you to another recipient shall only be valid if exercised through a method or functionality offered by AOVL.

  • Gifting Gold/Silver:

  • AOVL may offer Customers the ability to gift Gold/Silver purchased by the Customer, to a recipient of their choice. This will be offered as the “gift” feature.

  • AOVL shall not be responsible for the acceptance or rejection of the “gift” by the intended Recipient, or for verifying the correctness of the mobile number or other identifying information provided for the intended Recipient by the Customer.

  • Gold/Silver gifts shall be final, and AOVL shall not be responsible for amending, altering or otherwise reversing the transaction in case the gift is delivered to an unintended recipient due to an error on the part of the Customer.

 STORAGE OF GOLD/SILVER

  • You are required to take delivery of Your Gold/Silver within the such maximum period as shall be specified for this purpose by AOVL from time to time on the Platform (“Maximum Storage Period”). For the purposes of making the delivery to You, You are required to provide a valid address and/or any other documents/information/ biometric identification that may be specified in this regard by AOVL from time to time. You may provide such an address at any time during the Maximum Storage Period. In the event that no valid address has been provided by You during the Maximum Storage Period, then AOVL shall, for a period 1 year commencing from the date of expiry of the Maximum Storage Period (such period being the “Grace Period”), an attempt at least once to contact You using the contact information provided by You to obtain either (i) an address to which You would require the gold/silver in question to be delivered or (ii) Your bank account details into which sale proceeds of the Gold/Silver shall be deposited. In the event that AOVL has not been able to contact You during the applicable Grace Period using the contact information provided by You or where You shall during the Grace Period either fail to:

  • (a) take delivery of the gold/silver in question for any reason whosoever (including where You shall not have provided any address to take delivery of such gold/silver); or

  • (b) provide the details for a valid bank account into which the proceeds of any sale of such Gold/Silver are to be deposited; then upon expiry of the applicable Grace Period for the Gold/Silver in question, AOVL shall purchase such Gold/Silver with the purchase price being the applicable prevailing price displayed on the Platform for purchase of gold/silver from Customers. The purchase proceeds realized from such sale (“Final Sale Proceeds”) after deducting any amounts payable to AOVL as storage charges for storage of such gold/silver after the Free Storage Period. In the event that You shall during a period of 7 days commencing from the date of expiry of the applicable Grace Period (Grace Period is 3 months from free storage period)  (such period being the “Final Claim Period”) notify either AOVL or the  Vaulting Agent that You are claiming the applicable Final Sale Proceeds, shall issue suitable instructions to transfer the Final Sale Proceeds to such bank account as You shall notify for this purpose. Please note that to claim the Final Sale Proceeds You will be required to provide details of a valid bank account and that the Final Sale Proceeds will not be transferred in the absence of such details. At no time will the Final Sale Proceeds be paid to you in cash. In the event that You shall not claim Your Final Sale Proceeds within the Final Claim Period, then the Final Sale Proceeds shall be transferred to government relief funds or such other fund as You may designate for this purpose at any time prior to the expiry of the Grace Period.

 

 

FORCE MAJEURE

  • If performance under these Terms is prevented, restricted, delayed or interfered with by reason of labour disputes, strikes, acts of God, floods, lightning, severe weather, shortages of materials, rationing, inducement of any virus, Trojan or other disruptive mechanisms, any event of hacking or illegal usage of the Platform, utility or communication failures, earthquakes, war, revolution, acts of terrorism, civil commotion, acts of public enemies, blockade, embargo or any law, order, proclamation, regulation, ordinance, demand or requirement having legal effect of any government or any judicial authority or representative of any such government, or failure of any device used to access the Platform, or any other act whatsoever, whether similar or dissimilar to those referred to in this section, which are beyond the reasonable control of AOVL and could not have been prevented by reasonable precautions then AOVL shall be discharged from such performance to the extent of and during the period of such force majeure event. Such non-performance by AOVL shall, in no manner whosoever, amount to a breach of its obligations herein.

                                   

GOVERNING LAW AND DISPUTE RESOLUTION

  • These Terms shall be governed by and interpreted and construed in accordance with the laws of India. The courts of Gujarat 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 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 Ahmedabad, Gujarat, India.

 

CREATION OF DIGIGOLD ACCOUNT AND REGISTRATION OBLIGATIONS

 

    • The Customer shall follow the instructions on the platform for opening a DigiGold Account & provide all required information like Name, Age, Gender, Contact information, etc. AVOL shall be entitled to collect & verify your contact information via OTP or any other verification method.

    • Prior to placing an order for delivery, You may be required to provide certain KYC documentation and other information as may be required by AOVL in such form and manner as it may deem fit. This information may be requested from you at the time of purchase in case your transaction exceeds 2 Lakh.

    • You authorise AOVL to make such inquiries as may be necessary to satisfy the validity of your identity. You shall be responsible for the correctness of the information provided to AOVL. If You have reasons to believe that there is an error in the information furnished by You, You shall immediately provide correct/updated information.

    • AOVL reserves the right to terminate any DigiGold Account, with or without notice to You, in the event the KYC documents/information are found to be incorrect or the authenticity of the documents/information is found to be doubtful. You hereby undertake to indemnify and keep indemnified AOVL against any and all losses, claims, liabilities costs, etc. which arise out of or relate to Your failure to identify Yourself and validate Your account promptly and/or due to incorrect KYC documents/information.

Know Your Customer (KYC) and Verification


      • Prior to placing an order for delivery, You may be required to provide certain KYC documentation and other information as may be required by AOVL in such form and manner as it may deem fit. This information may be requested from you at the time of purchase in case your transaction exceeds 2 Lakh.

      • The Customer shall follow the instructions on the platform for opening a DigiGold Account & provide all required information like Name, Age, Gender, Contact information, etc. AVOL shall be entitled to collect & verify your contact information via OTP or any other verification method.

      • Once the registration process is complete, You shall be entitled to place an order on the Platform (“ Orders”).

      • You agree that Your continued use of the Platform, consequent upon the creation of the DigiGold Account, is subject to verification by AOVL of the information and documentation provided by You. You hereby grant AOVL permission to conduct such verification, in such form and manner as it may deem fit.

      • You further acknowledge that AOVL reserves the right for such verification either on registration of the DigiGold Account or at any time thereafter. You hereby authorise AOVL to engage with any third-party service provider for verification of your KYC documentation to ascertain your eligibility. Any processing undertaken by AOVL to process KYC documents shall be in accordance with its privacy policy and these Terms. It is hereby clarified that as far as the permission to access the KYC documents by a third-party service provider is concerned, the same shall be governed by the privacy policy of such third party service providers & payment gateways.

Customer’s Obligations

    • Prior to placing an order for delivery/Sell/Gift, You may be required to provide certain KYC documentation and other information as may be required by AOVL in such form and manner as it may deem fit. This information may be requested from you at the time of purchase in case your transaction exceeds 2 Lakh.

    • The Customer shall follow the instructions on the platform for opening a DigiGold Account & provide all required information like Name, Age, Gender, Contact information, etc. AVOL shall be entitled to collect & verify your contact information via OTP or any other verification method.

    • You will be responsible for maintaining the confidentiality of the DigiGold Account Information and shall be fully responsible for all activities that occur under the DigiGold Account. You agree to immediately notify AOVL of any unauthorised use of the DigiGold Account Information or any other breach of security. AOVL 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 AOVL or any user or visitor of the Platform due to authorised or unauthorised use of the DigiGold Account, as a result of your failure in keeping the DigiGold Account Information confidential.

    • You shall ensure that the DigiGold 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 if You provide any information that is untrue, inaccurate, not current, or incomplete, (or becomes untrue, inaccurate, not current, or incomplete) or if AOVL has reasonable grounds to suspect that such information is untrue, inaccurate, not current, incomplete, or not in accordance with these Terms, AOVL shall have the right to indefinitely suspend or terminate or block access to the DigiGold Account on the Platform and refuse to provide You with access to the Platform.

PURCHASE OF GOLD/SILVER

  • You can buy Gold/Silver worth Rs.1.00 (Rupee One Only) at and above the incremental value thereof the market-linked prices of gold/silver shown on the Platform. Market-linked prices mean that these quotes are linked to the prices of gold/silver in the commercial bullion market in India.

  • It is hereby clarified that such market-linked prices of gold/silver shall constitute fully binding offers and would be an invitation to offer to purchase gold/silver at the said market prices to all Customers. Notwithstanding the foregoing, You understand that these prices may vary multiple times within a day, and accordingly, Your payment obligations for any order will depend on the market-linked prices then prevailing. While reasonable efforts will be made to offer You a competitive price for the Gold/Silver, there is no guarantee that the price offered to You will be close to or comparable with other prices available in the market.

  • Payment will be accepted through the payment options made available on the Platform, which may include redirection to a Payment Gateway hosted by another third-party website or platform, including by AOVL. At the time of purchase/fulfillment / sale-back / transfer of Gold/Silver, the relevant taxes will be chargeable as per government norms. It is hereby clarified that once an Order is placed, You are not entitled to cancel the Order, provided that an Order shall stand canceled if the payment fails for any reason whatsoever.

  • AOVL reserves the right to cancel an Order, at its sole discretion, if Your information, provided prior to placing the Order, is not found acceptable and AOVL is of the opinion that You are not eligible to purchase gold/silver. The DigiGold Account shall accordingly stand amended. AOVL shall have the right to freeze the DigiGold Account until it receives KYC and other documentation in a form and manner satisfactory to it.

  • Once the payments are received by AOVL and the KYC information, if requested, is found acceptable, AOVL shall issue an invoice to You confirming the 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, AOVL shall be entitled to accept or reject a Customer, for any reason whatsoever, at its sole discretion.

  • In case of rejection of an Order in accordance with these Terms, where payments have been received by AOVL, such payments shall be returned to You to the bank account linked to your account, subject to the terms and conditions indicated on the Platform.

  • You will be provided with free storage for your Gold/Silver for 3 years, or for such period as more particularly stipulated by AOVL 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, AOVL shall be entitled to levy storage charges for such Gold/Silver 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/Silver balance at the end of each month by a percentage amount at the specified rate. You are advised to periodically check the Platform to understand these storage charges. In the event, AOVL is not able to deduct the storage charges because Your gold/silver balance is too low, then AOVL shall be entitled to sell such portion of Your Gold/Silver stored with the Vault Keeper that is necessary or required to recover the unpaid storage charges in question.

DELIVERY OF GOLD/SILVER

  • This Platform offers Services for Customers who wish to procure delivery of the Gold/Silver in accordance with these Terms.

  • You shall be entitled to procure delivery of the Gold/Silver using the Platform (“Delivery Request”).

  • Upon placing the Delivery Request, You shall be required to pay for the applicable charges and confirm the Delivery Request. Your DigiGold Account shall be provisionally debited corresponding to the quantity of the Gold/Silver sought to be delivered (“Delivered Gold/Silver”).

  • Within a period of 7 (Seven) business days of the Delivery Request being confirmed or such further period as may be required by AOVL, AOVL shall arrange for delivery of the product at the shipping address indicated by You. You shall be solely responsible for ensuring that the correct address is furnished by You on the Platform for processing such Delivery Requests. You shall not be entitled to change the shipping address after the Delivery Request is processed by AOVL.

  • The product shipping will be dilvered within 10 business working day after the confirmation of dilverey request.

  • You should carefully examine the package delivered and shall not accept deliveries where the packaging has been tampered with. If, however, You are of the view that the package delivered has been tampered so, you are required not to accept the parcel and shall be required to intimate AOVL immediately of the same, and provide such other information as may be required by AOVL which may require digital information like Photo & Video of the package in this regard (“Return Request”). Within a period of 1 (One) business day of the original package Gold/Silver being delivered back to AOVL, in a manner indicated by AOVL, and the Return Request being approved by AOVL if the delivery has been received by you, AOVL shall arrange for re-delivery/pick up of the Delivered Gold/Silver at the shipping address indicated by You. The costs for such shipping shall be borne by AOVL. However, in the event of frivolous and unjustified Return Requests made by You, and/or AOVL reserve the right to take all action available to it, including black-listing or blocking You from using the Services on the Platform. ( And AOVL shall reserve the lump sum amount as unprecedented expenses).

  • You, upon signing the delivery receipt, acknowledge the receipt of the Delivered Gold/Silver product in terms of the Delivery Request placed with AOVL. AOVL shall not be liable to You for any refund/replacement, under any circumstance, for any subsequent complaints with respect to such deliveries and/or any failure on your part (as the case may be) to comply with these Terms.

  • Upon receipt of the Delivery Request by AOVL, the DigiGold Account shall be debited for the Delivered Gold/Silver from the DigiGold Account.

  • It shall be Your responsibility to ensure that You are available to receive the Delivered Gold/Silver at the time of delivery. If You are not available at the time of delivery, the AOVL courier agent may try and deliver the item 3 consecutive attempts before returning the same to AOVL. In case of return of the Delivered Gold/Silver to AOVL, DigiGold Account shall be credited for the Delivered Gold/Silver, after deducting the charges (if any) due from You, provided however that AOVL is of the opinion that the packaging has not been tampered with. It is hereby clarified that should a request for re-delivery be made by You, You shall be solely liable to incur the applicable charges for delivering the Delivered Gold/Silver.

  • In case of AOVL’s inability to make deliveries of Delivered Gold/Silver due to a Force Majeure Event, AOVL shall intimate You of the same and may require that the deliveries be effectuated through specific modes. In such a case, You hereby agree to bear any additional costs and fees necessary for the delivery to be complete.

  • AOVL will not be able to deliver a fractional quantity of gold/silver below such threshold as AOVL shall notify for this purpose even if a Customer Request is made for such fractional quantity (“Threshold Quantity”). You are advised to check the Platform periodically to determine the Threshold Quantity as the same may be revised from time to time. In the event that any Gold/Silver below the Threshold Quantity is to be delivered to you, then please note that such Gold/Silver shall instead be sold based on the sale prices displayed on the Platform and You will instead receive the applicable sale proceeds in Your bank account, details of which are provided by You. If there is any mistake in the account number provided by You, AOVL would not be held responsible for the same.

  • Notwithstanding anything to the contrary contained in these Terms, AOVL shall be entitled to reject a Customer Request which is not in compliance with the Terms hereof and shall intimate the Customer of the reasons for the same.

  • Based on the changes made to the DigiGold Account (in lieu of the Orders and/or Customer Requests), if You are of the opinion that the changes made thereto do not tally with the orders and/or Customer Requests placed by You, You may contact AOVL at support@digigold.com, who shall accordingly take all necessary actions for taking care of any such identified discrepancies.

  • It is hereby clarified that the Gold/Silver cannot be pledged by You, and the DigiGold Account is non-transferable unless specifically allowed by AOVL. In the event of Your death, if specifically allowed by AOVL, the title to such Gold/Silver lying in the vault and the DigiGold Account shall transfer to Your legal heirs only after the required due diligence has been conducted (provided that you have filled nominee details). Subsequent to this, Your legal heir(s) shall be regarded as the Customer for the purpose of the Gold/Silver and DigiGold Account thereafter and the Terms shall be applicable to Your legal heir(s).

  • It is hereby clarified that the Platform displays articles that are available for shopping. Some items may appear slightly larger or smaller than the actual size due to screen defaults and photography techniques. AOVL shall not be liable for any legal action on this account. It shall be AOVL’s Endeavour to ensure that all details regarding the product are clearly displayed on the Platform.

  • Due to reasons not directly attributable to AOVL, data may be inaccurately displayed on the Platform due to some system errors on the Platform or any device used to access the Platform. AOVL reserves the right to correct any and all errors when they do occur, at its sole discretion, and AOVL shall be entitled to not honour any requests/orders placed by You based on any inaccurate or erroneous prices.

  • The prices quoted on the Platform are fixed and not negotiable. The prices on the Platform are also subject to change without notice to You.

  • The return product metal grams will be re-credited to customer waller within 3 business working days.

  • Customer can cancel the order request of delivery before the package is out for delivery from the mobile app and website from my order screen.

 

SALE OF GOLD/SILVER

  • You will get an option to sell the Gold/Silver based on the sale prices on the Platform. If the prices are found acceptable to You, You shall confirm the sale request, in a form and manner acceptable to AOVL (“Sale Request”). Your DigiGold Account shall be debited corresponding to the quantity of the Gold/Silver sought to be sold via the Sale Request.
  • Customer must have 1 gm of gold and 10 gm of silver in their wallet for the sell.

  • You may be required to provide certain KYC documentation and other information at the time of purchase in case your transaction exceeds 2 Lakh and also before you initiate any amount/quantity for sale/gift/exchange of and/or gold/ silver.

  • Within a period of 6-7 business days of the Sale Request being confirmed or such further period as may be required, the payment, pursuant to the Sale Request, shall be disbursed by AOVL at the sale prices indicated at the time of placing such Sale Request. AOVL shall arrange for such payments to be made to Your bank account, details of which are provided by You. If there is any mistake in the account number, IFSC code, etc. provided by You, AOVL would not be held responsible for the same.

  • While reasonable efforts will be made to offer You a competitive price for Gold/Silver, there is no guarantee that the price offered to You will be close to or comparable with other prices available in the market.
  • For the Selling process, customer must have 1 gm of gold and 10 gm of silver in their wallet for sell.

 

FRAUDULENT TRANSACTIONS

  • The Customer should take care not to share their wallet details, personal UPI pin, or OTP (“Payment Information”) with any third party intentionally or unintentionally. The Company never solicits Payment Information over a call or otherwise. The Company/Platform/Third Party Services/Payment Gateway partners shall not be liable for any fraud due to the sharing of such details.

  • In the event that an individual’s Payment Information or Payment Instrument is fraudulently utilized to purchase gold/silver on the Platform (“Fraudulent Transaction”) from AOVL, then the Company may share relevant information of such transaction if the victim approaches the Company via proper channels including AOVL’s customer support number and email (support@digigold.com), along with supporting documentation from the relevant authority.

  • In the event that AOVL and/or the Platform Partner have flagged any transaction or Customer account as suspicious as per their internal guidelines, or where it is found that a Customer has utilized Payment Information or a Payment Instrument in an unauthorized or fraudulent manner to purchase gold/silver or undertake any other transaction on the Platform (Fraudulent User), AOVL and/or the Platform Partner shall be entitled to:

  • Request further KYC information or other documentation from the User to verify the flagged transaction; pending further verification, block such Fraudulent User, and/or freeze any accounts associated with them;    reverse any such Fraudulent Transaction, to the extent possible, including the sale of any gold/silver purchased by such Fraudulent User, at the prevailing rate; provide information on such Fraudulent User, along with any other transaction details, to the relevant authorities.

  • In the event of a Fraudulent Transaction, AOVL shall make a reasonable effort to assist the victim in recovering their funds, subject to supporting evidence and documentation being provided upon request. AOVL shall be entitled to transfer the victim’s funds, in this case, DigiGold will deduct operation and transfer charges charged by the third-party platform.

  • However, it is clarified that AOVL shall not obligate to reverse any transaction where the Fraudulent User has already sold the gold/silver purchased through the Fraudulent Transaction and received the funds against such sale; or where the fraudulent User has chosen to take delivery of the gold/silver so purchased. In this event, AOVL shall, to the best of its ability, provide any information on the fraudulent User, including the bank account or Digi Wallet account to which funds have been settled, or the physical address to which the gold/silver has been delivered, to the victim or the relevant authorities.

 

USE OF THE PLATFORM AND SERVICES

  • You acknowledge that the Services are for Your personal use and agree not to publish the gold/silver prices or descriptions of gold/silver and/or any other information displayed on the Platform (in lieu of Your access to the Platform) on any other medium. You shall not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, or services obtained from the Services.

  • Subject to these Terms and the Privacy Policy, You hereby grant to AOVL a non-exclusive, worldwide, royalty-free right to (a) collect, store and transmit Your data, in each case solely to the extent necessary to provide the Services to You, and (b) share Your data or interact with other people, to distribute and publicly perform and display Your Data as You direct or enable through the Services. You will provide Your consent to AOVL as may be required under applicable law for the use and/or sharing of any data generated by You when purchasing Gold/Silver or otherwise using the Platform for any services related to the purchasing of the Gold/Silver in such manner as AOVL may stipulate in this regard. AOVL may share Your data with the Vault Keeper, as required, to fulfill their obligations as a Vault Keeper. Your data will continue to be governed by confidentiality obligations. It is hereby clarified that AOVL would be the owner of any data generated by You when purchasing the Gold/Silver on the Platform.

  • You represent and warrant that: (i) You have obtained all necessary rights, releases, and permissions to provide all Your data to AOVL and to grant the rights granted to AOVL in these Terms and (ii) Your data and its transfer to and use by AOVL as authorized by You under these Terms do not violate any laws or rights of any third party, including without limitation any intellectual property rights, rights of privacy, or rights of publicity, and any use, collection, and disclosure authorized herein is not inconsistent with the terms of any applicable privacy policies. Other than its security obligations under these Terms and the Privacy Policy, AOVL assumes 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.

  • AOVL shall not be held liable for any loss of data, technical or otherwise, information, or for particulars supplied by You, due to reasons beyond its control like corruption of data or delay or failure to perform as a result of a Force Majeure Event.

  • AOVL 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 network or equipment failures. AOVL strives to keep the Services up and running; however, all online services suffer occasional disruptions and outages. AOVL is not liable for any disruption or loss You may suffer as a result.

  • AOVL may discontinue some or all of the Services, including certain features and the support for certain devices and platforms, at any time.

  • After 3 years of account creation, the storage charges are applicable & in case of failure of receipt of charges, AVOL shall remind multiple attempts of reminder for the payment & shall only wait for 1 year from the date of due payment, thereafter your possession shall be transferred to government relief funds.

 

SUSPENSION / CLOSURE OF DIGIGOLD ACCOUNT

  • AOVL may, at its discretion, suspend the DigiGold Account of Customers, if there appears to be fraudulent or suspicious activity in the account. If AOVL is of the opinion that You are involved in any unlawful activity or the DigiGold Account is used for any unlawful purpose, AOVL shall have the right to take all actions available to it, including black-listing or blocking You from using the Services on its Platform or blocking Your access to the Services through the Platform or intimating the relevant authorities of such unlawful activities.

  • AOVL 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 10 (ten) days before the transaction, of any irregularities or discrepancies that may exist in Your DigiGold Account, failing which it shall be deemed that there is no error or discrepancy in the account. All records maintained by AOVL, 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.

 

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 limited to the terms pertaining to such fees and the quantum thereof), have been set out on the Platform. Please note that the fees and charges may be revised from time to time and it would be Your responsibility to view the Platform to check the then current fees and charges payable.

  • It is hereby clarified that fees and charges, once paid, are non-refundable if any.

  • All payments made for the use of the Platform and/or purchase of Gold/Silver by You shall be compulsorily in Indian Rupees.

  • While availing any of the payment method/s available on the Platform for availing the Services, AOVL shall not be responsible for or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to:
    1. Lack of authorization for any transaction(s), or
    2. Exceeding the preset limit mutually agreed by You and between bank/s and/or other institutions used by you in making payment, or
    3. Any payment issues arising out of the transaction, or
    4. Rejection of transaction for any other reason(s) whatsoever.

  • AOVL may temporarily/permanently suspend/terminate the DigiGold Account or refuse access in case of non-payment of fees due by You. Without limitation to the other rights and remedies available to AOVL, it also reserves the right to take legal action for the same.

 

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 a person resident in India. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents, and persons of unsound mind are not eligible to use the Platform or the Services. Any person under the age of 18 shall not register on the Platform and shall not transact on or use the Platform in relation to or for any Services. AOVL 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 AOVL’s 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 AOVL that you have sufficient experience and knowledge to make informed decisions to purchase/sell Gold/Silver. You acknowledge that you have not relied on any information made available by AOVL and that AOVL is not making any recommendation with respect to such purchases / sale-back of Gold/Silver. 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 AOVL.

  • You acknowledge that AOVL is not providing/dealing in/offering any investment product and does not offer any guarantee/assured returns. You further acknowledge that the value of Gold/Silver may vary depending on various factors and forces.

ELECTRONIC ORDER RISKS

  • Commercial internet service providers are not 100% reliable and a failure by one or more of these providers may affect internet-based order entry. You acknowledge that the order entry system is an electronic mechanical system and as such may be subject to failure beyond the control of AOVL. Therefore, AOVL shall not be responsible for errors, negligence, inability to execute orders, delays in transmission, delivery, or execution of orders 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 AOVL’s control or anticipation.

FEEDBACK

  • The Platform may allow You to post Your review and experience of using the Platform ("Reviews") in order to improve the Platform and the user experience.

  • 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 AOVL does not endorse any Reviews on the Platform and is not responsible or liable for any Reviews. AOVL reserves the right to disable access to the Reviews on the Platform.

  • You hereby grant AOVL 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 AOVL in any form including but not limited to print, broadcast, online and across any and all websites and platforms owned by AOVL.

  • You further represent and warrant that while posting any Reviews on the Platform You shall not use any offensive, libelous, derogatory, hateful, or racially or ethnically objectionable language. Further, You shall not post any content on any part of the Platform that is obscene, pornographic, or constitutes an “indecent representation of women” as provided in the Indecent Representation of Women (Prohibition) Act, 1986.

 CONFIDENTIALITY

  • As elaborated under the Privacy Policy, AOVL will keep all confidential information confidential, including Your personal information, and shall not disclose it to anyone except as required by law, and shall ensure that such confidential information is protected with security measures and a degree of care that it would apply to its own confidential information. AOVL acknowledges that its employees, directors, agents, and contractors shall use the confidential information only for the intended purpose for which it is provided. AOVL 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 PROPERTY RIGHTS

  • AOVL solely and exclusively owns respective copyrights, trademarks, service marks, logos, trade names, and other intellectual and proprietary rights associated with the Services provided by AOVL 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 arranged by AOVL respectively through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitutes the valuable intellectual property of AOVL and such others. You thereby agree to protect the proprietary rights of AOVL during and after the term of these Terms. You may not selectively download portions of the Platform without retaining the copyright notices.

  • Any infringement shall lead to appropriate legal proceedings against You at the appropriate forum for seeking all available remedies under applicable laws of the country.

LINKS TO/FROM THIRD-PARTIES WEBSITES/APPLICATIONS

  • The Platform may contain links and interactive functionality interacting with the websites of third parties. AOVL is not responsible for and does not have any liability for the functionality, actions, inactions, privacy settings, privacy policies, terms, or content of any such websites. Before enabling any sharing functions to communicate with any such website or otherwise visiting any such website, AOVL strongly recommends that You review 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 the AOVL indemnified from and against all actions, claims, demands, proceedings, losses, damages, costs, charges, and expenses, directly or indirectly, whatsoever (“Losses”) which AOVL and/or its employees, agents, workers or representative may at any time incur, sustain, suffer or be put to as a consequence of or by reason of or arising out of:

(i) The usage of the Platform and/or any device used by the Customer to access the Platform.

(ii) By reason of AOVL acting in good faith and taking or refusing to take or omitting to take action on the Customer's instructions, and in particular arising directly or indirectly out of the negligence, mistake, or misconduct of the Customer.

(iii) Breach or non-compliance of the Terms and relating to the DigiGold Account; and/or Fraud or dishonesty relating to any transaction by the Customer.

DISCLAIMER OF WARRANTIES

All information, content, materials, and services included on or otherwise made available to you through the platform (collectively, the "contents") are provided by AOVL on an "as is," "as available" basis, without representations or warranties of any kind. AOVL 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. AOVL shall have no responsibility for any damage to your computer system or loss of data that results from the download of any content, materials, document, or information or any other losses incurred by you for use of the platform. You expressly agree that the use of the platform is at your sole risk. AOVL will not be liable for any damages of any kind arising from the use of the platform or the services or the contents including, without limitation, direct, indirect, consequential, punitive, and consequential damages, unless otherwise specified in writing. To the full extent permitted by law, AOVL disclaims any and all representations and warranties with respect to the platform (or any part thereof) and its contents, whether express or implied, including, without limitation, warranties of title, merchantability, and fitness for a particular purpose or use.

 LIMITATION OF LIABILITY

You hereby acknowledge that AOVL (including but not limited to its directors, employees, agents, or partners) shall not be held liable to You for any special, consequential, incidental, exemplary, or punitive damages, or loss of profit or revenues. AOVL 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 DigiGold Account Information secure and confidential. You further agree that AOVL 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 limited 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/collecting any payments from You for the purchase of Gold/Silver.


GRIEVANCE REDRESSAL MECHANISM

In accordance with the Information Technology Act, 2000 and the Rules made there under:

the contact details of the Grievance Officer for the purposes of AOVL are:

Name: Ayush Pandya

E-mail ID: support@digigold.com


 AMENDMENTS, ACCEPTANCE OF TERMS

  • AOVL reserves 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/shall not notify the Customer after making such changes. Notwithstanding anything to the contrary, Customer shall be responsible for regularly reviewing the Terms, including amendments thereto as may be posted on the Platform, and shall be deemed to have accepted the amended Terms by continuing the use of Platform.

  • Accessing, browsing, or otherwise using the Platform indicates Your acceptance of all the terms and conditions under these Terms. You are advised to read these Terms carefully before proceeding. By impliedly or expressly accepting these Terms, You also agree to be bound by all policies, including but not limited to AOVL’s privacy policy (“Privacy Policy”), as amended occasionally. You can view and read AOVL’s Privacy Policy at www.DIGIGOLD.com.

  • You may not use the Platform or avail yourself of the Services if You do not accept the Terms or are unable to be bound by the Terms. As a condition of Your access to and use of the Platform or the provision of any Services to You using the Platform, You agree that You will comply with all applicable laws and regulations when using the Platform. If AOVL is of the opinion that the DigiGold Account is being used by You for any unlawful purpose, AOVL shall have the right to take all actions available to it, including black-listing or blocking You from using the Services through the Platform or intimating the relevant authorities of such unlawful activities.