Terms and Conditions of Pride Gold:
Please read the following terms and conditions before registering on, accessing or using the website http://pridegold.com/. These Terms and Conditions are legally binding between Pride Gold and anyone who accesses or uses this Website, including various Stakeholders (hereinafter defined) ("Users / You") to avail the services by Pride Gold on the Website, applications and other platforms ("Website or Platforms"). Pride Gold (also referred to as “we”, “our” or “us”).
We, Pride Gold and/or our designated affiliates provide the Platform features to you, the user, subject to your acceptance of the following Terms and Conditions of Access and Use, constituting an agreement between us. If you continue to use the Platform or communicate with us, you will be deemed to have accepted these Terms and Conditions of Access and Use.
Pride Gold may revise these Terms and Conditions of Access and Use from time to time and at any time, without notice to you. If you do not agree to be bound by these Terms and Conditions of Access and Use, as modified from time to time, you should leave the Platform immediately.
- USER DECLARATION:
By using this Site, you confirm that you are a resident of India and have attained the age of majority to enter into a binding contract and that you are not a person barred from receiving services under the laws of India or other applicable jurisdiction and will only use the Site to make legitimate transactions for you or for another person for whom you are legally authorized to act that apply to the purchase/transactions you have made on their behalf. You also confirm that the statements, answers and/ or information given by you are true and complete in all respects and that you are authorized to transact/purchase on behalf of other person(s).
You agree that if you undertake any financial transaction through the Site, Pride Gold will conduct due diligence and seek mandatory information required for KYC purpose; and as a user you hereby authorise Pride Gold to facilitate your transaction in accordance with the prevailing Laws and regulations, including Prevention of Money Laundering Act and its rules. Any payment towards the services availed shall be remitted only through the applicant’s bank account or from a joint bank account in which the applicant is a joint holder.
While using the Site to communicate with us, you shall communicate with your registered mobile/telephone number and/or e-mail address. Thereby, you agree to receive communication from us on your registered mobile/telephone number and/or e-mail address.
Notwithstanding whether your telephone/mobile is registered with NDNC and or notwithstanding the Telecom Regulatory Authority of India [TRAI] restrictions/guidelines on unsolicited telecalls, by you accessing this Site and applying/enquiring/verifying any of the products/services offered by us and or you making a request to call back, it is deemed that you have expressly authorized us to call back or send you text messages or messages through Chatbots for solicitation and procurement of various products and services of our site. In case if you may not wish to receive any calls/messages, you are obliged to proactively inform us about the same.
While using this Site, you agree NOT to, by any means indulge in illegal or unauthorized activities including but not limited to:
You voluntarily consent to register as a member of Pride Gold Community to get personalized and exclusive products, offers and services from us in tie up with its business partners for meeting your financial needs while you access any Products or Services on our Web-Site.
- Use the Site for unlawful purposes;
- Collect information about the users without their express consent;
- Engage in spamming or flooding;
- Transmit any software or other materials that contain any virus or other harmful or disruptive component;
- Remove any copyright, trademark or other proprietary rights notices contained in the Site;
- Copy, mirror any part of the Site without our prior permission;
- Permit or help anyone without access to use the Site through your username and password or otherwise; and
- posting any defamatory messages to either in print/electronic/social media;
- Impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the Accounts of others without permission, forge/fabricate another persons’ digital signature, misrepresent the source, identity, or content of information transmitted via the website, perform any other similar fraudulent activity or otherwise send or receive what we reasonably believes to be potentially fraudulent funds;
- Infringe our or any third party’s intellectual property rights, rights of publicity or rights of privacy;
- Use any robot, spider, other automatic device, or manual process to monitor or copy the website without prior written permission;
- Use any device, software or routine to bypass website exclusion headers, or interfere or attempt to interfere, with the website;
- Remove, circumvent, disable, damage or otherwise interfere with security-related features of the website or features that enforce limitations on the use of the website;
- Reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the website or any part thereof;
- Use the website in any manner that could damage, disable, overburden, or impair it, including but not limited to using website in an automated manner;
- Intentionally interfere with or damage operation of the website or any user’s enjoyment of them, by any means, including but not limited to uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code.
- ACCOUNT ON WEBSITE AND/OR PLATFORMS:
Upon signing up to your account, you will be considered as administrator of the account and will be deemed to have authority to provide your personal details, payment details through payment gateway, and authorize Pride Gold to use this information to provide you an access to and activate and use our services. You are entirely responsible for maintaining the confidentiality of your password and account as well as all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.
We will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by us or another party due to unauthorized use of your account.
The Users will create a username and password at the time of completing the registration process. The Users will be solely responsible for maintaining the confidentiality of the username and password, and for all activities that occur under their username and password. The Users agree to: (a) immediately notify us of any unauthorized use of their username and password or any other breach of security; and (b) ensure that they have logged off from their account at the end of each session. We will not be liable for any loss or damage arising from their failure to comply with these Terms and Conditions.
- YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Platform, you agree to:
In addition, if required you fill and sign all forms and documents which form part of your account opening kit, and supply us with all the relevant legal documents and financial information which law requires us to maintain. You warrant and represent that all information that you supply to us is accurate and truthful. You also expressly authorize Pride Gold to obtain reports concerning your credit standing and business conduct.
You can open account with us by entering your mobile number and verifying the same with after verifying your OTP sent to your mobile number.
Notwithstanding the foregoing, we may provide you with access to some parts of the Platform without you registering as a user. In that case, your identification is based on other means of identification that we deem appropriate. You warrant and represent that all information provided for this other means of identification is accurate and truthful. You further agree that such information may be collected and disclosed to us and used in accordance with these Terms and Conditions of Access and Use.
DISAPPROVAL OF APPLICATION
If you provide any information that is untrue, inaccurate, not current or incomplete, or Pride Gold has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Pride Gold has the right to suspend or terminate your account and refuse any and all current or future use of the Platform (or any portion thereof) without any liability to you.
BREACH OF AGREEMENT
In case we finds, in its sole discretion, that any User has violated any of the terms of these Terms and Conditions, we reserves the right to take appropriate actions to prevent/control such violation, including without limitation, removing the offending communication or content from the Website and/or terminating the registration of such violators and/or blocking their use of the Services. The Company shall also be entitled to investigate occurrences which may involve such violations and may take appropriate legal action, involve and cooperate with law enforcement authorities in prosecuting Users who may be involved in such violations.
The Users acknowledge that in no event shall Pride Gold liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, punitive or incidental, arising out of or relating to the conduct of the User or anyone else in connection with the use of the services and any other damages resulting from communications with other Users of the Services or persons the User interacts with through the Services.
SUSPENSION / CLOSURE OF ACCOUNT
We may, at its discretion, suspend Account of Customers, if there appears to be a fraudulent or suspicious activity in the account. If we are of the opinion that You are involved in any unlawful activity or the Pride Gold Account is used for any unlawful purpose, the we shall have the right to take all actions available to it, including black-listing or blocking You from using the Services on the Platform or blocking Your access to the Services through the Platform or intimating the relevant authorities of such unlawful activities.
We 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 _____days of the transaction, of any irregularities or discrepancies that may exist in Your Account, failing which it shall be deemed that there is no error or discrepancy in the account. All records maintained by us, 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.
You hereby agree that You shall be liable for all fees and charges associated with the use of the Platform and Services, as may applicable. 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.
All payments made for the use of the Platform and/or purchase of Customer Gold by You shall be compulsorily in Indian Rupees.
While availing any of the payment method/s available on the Platform for availing the Services, we 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:
- Provide true, accurate, current and complete information about yourself as prompted by the registration form required by the Platform (such information being the "Registration Data"), and
- Maintain and promptly update the Registration Data to keep it true, accurate, current and complete.
We may temporarily/permanently suspend/terminate the Account or refuse access in case of non-payment of fees due by You. Without limitation to the other rights and remedies available to us, it also reserves the right to take legal action for the same.
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 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. We reserve 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 us 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 us that you have sufficient experience and knowledge to make informed decisions to purchase / sell Gold. You acknowledge that you have not relied on any information made available either us and Pride Gold 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 partnership relationship, exists between you and us.
You acknowledge that we are not providing / dealing in / offering any investment product and does not offer any guarantee / assured returns. You further acknowledge that value of Gold may vary depending on various factors and forces.
You get Amero loyalty coins for all financial transactions. ALC will be shown under ALC wallet.
Amero Loyalty Coin redeemable only against other Amero Research and Loyalty Solutions Pvt. Ltd. Websites. At the time of redemption, the Customer can select redeemable product for redemption from other Amero Research and Loyalty Solutuion Pvt.Ltd. websites.
FINANCIAL TRANSACTIONS AND TAXES
If you wish to make any financial transactions on the Platform, including paying for products or services, you may be asked for payment information. You agree that all information you provide is accurate, complete and current and that you will pay all charges owed, including any applicable taxes. You agree that you are solely responsible for any personal income reporting and tax payments required of you by applicable government authorities.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
You may post reviews, comments, photos, and other content and submit suggestions, ideas, comments, questions, or other information to the Platform, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of spam. You may not use a false e-mail address or mobile number, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Pride Gold does not regularly review posted content, but reserves the right (but has no obligation) to remove or edit such content, at its sole discretion.
If you do post content or submit material, and unless we indicate otherwise, you grant us a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant us and its sub-licensees the right to use the name that you submit in connection with such content, if they choose.
You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify us for all claims resulting from content you supply. Pride Gold has the right but not the obligation to monitor and edit or remove any activity or content. We takes no responsibility and assumes no liability for any content posted by you or any third party.
SECURITY TRUSTEE, INTERMEDIARIES AND SAFE KEEPING ARRANGEMENT
Appointment of Intermediaries
Pride Gold or the Security Trustee (as the case may be) may from time to time appoint intermediaries who shall assist us in providing the Services to You. The term, “Intermediaries” shall mean the Security Trustee, Vault Keeper and shall include any and all Persons appointed by us or the Security Trustee (as the case may be) upon placement of a Customer Order (and successful payment of monies in lieu thereof) till the consummation of the Customer Requests placed by You in accordance with these Terms. You hereby consent to the appointment of such Intermediaries, for and on Your behalf, by us or the Security Trustee (as the case may be).
You acknowledge and understand that these Intermediaries have been appointed to ensure that Your Customer 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 us on Your behalf unless otherwise indicated in these Terms.
Appointment of Security Trustee
You hereby acknowledge and agree that in order to ensure that Your Orders are processed correctly, any successor Person will be appointed as the Security Trustee who shall manage the Escrow Account through which the transactions/payments shall take place.
The Security Trustee shall issue a ‘certificate’ to the Customer acknowledging the acceptance of payment by such Customer and the deposition of Gold so purchased by the Company which will be departed with the Custodian.
The actions of the Security Trustee shall be guided by and in accordance with the relevant applicable laws, for the time being in force
Safe Keeping/Vaulting of Customer SafeGold Balance
Gold purchased by the Customer shall be stored with the Custodian in a vault on behalf of the Customer.
The Gold stored shall be in the form of coins or bars, depending upon the weight. i.e., at a minimum of 1 gm and of 99.99% purity. The total amount of Gold stored shall be equal to the cumulative/total weight of Gold of 99.99% sold through our Platform.
Although the Custodian has taken the necessary insurance(s), still in case of occurrence of an event not covered in such insurance(s), the Customers Gold may be at risk. The insurance(s) obtained by the Custodian 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.
TRANSFER OF SAFEGOLD BALANCE
We may offer You the ability to transfer your gold to another recipient, by means of the “gift” feature.
Any such transfer of gold from you to another recipient shall only be valid if exercised through a method or functionality offered by us.
We may offer Customers the ability to gift Gold purchased by the Customer, to a recipient of their choice. This will be offered as the “gift gold” feature.
Neither Pride Gold nor the Platform Provider shall 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 identification information provided for the intended recipient by the Customer.
Gold gifts shall be final, and we shall not be responsible for amending, altering or otherwise reversing the transaction in case the gift is delivered to an unintended recipient due to any error on the part of the Customer.
However, in case the intended Recipient does not accept the “gift” within the prescribed time, the Customer SafeGold balance shall revert to the Customer’s Gold Account.
Exchange for Jewellery
Customers shall be able to exchange their SafeGold Balance for jewellery exclusively through the Empaneled Jeweler associated with Augmont, i.e. through retail stores or platforms offered by Empaneled Jeweler.This will be offered as part of the “exchange for jewellery” feature.
Pride Gold shall be making the payment to such Empaneled Jeweler on your behalf only to the extent of the Sell-back value of the Digital Gold used for purchase of jewellery from the Empaneled Jeweler.
You will be sent an OTP by us to verify the transaction and confirm that You wish to proceed with the transfer of accumulated Gold for purchase of the jewellery from the Empaneled Jeweler. Communication of the OTP to the Empaneled Jeweler shall thereafter allow us to debit your account balance to the extent required for the purchase of your chosen jewellery offered by Empaneled Jeweler.
Any additional charges for the jewellery product selected shall be borne by You. Pride Gold shall bear no liability with respect to the balance payments that are due from You to the Empaneled Jeweler.
In no period of time, we will give any guarantee towards the balance payment that is payable by You towards the jewellery purchased from Empaneled Jewelers.
Gold rate as applicable in the Empaneled Jewelers stores or platforms will be applicable for the purchase of jewellery.
Once a transaction has been deemed to be final and an invoice is generated for transaction, you shall not be entitled to cancel or request for a refund, unless specifically allowed by us.
Pride Gold shall bear no liability with respect to quality, purity, make, etc of jewellery purchased by You from the Empaneled Jeweler.
The Empaneled Jeweler at its sole discretion may extend discounts for purchase of jewellery.
Once the transaction is deemed to be final, any disputes with respect to the jewellery purchased from Empaneled Jeweler shall be resolved directly with the Empaneled Jeweler.
STORAGE OF GOLD
You are required to take delivery of Your Customer Gold within such maximum period as shall be specified for this purpose by us from time to time on the Platform, which is currently limited to ______ years from the time of purchase of SafeGold.
For the purposes of making 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 the Pride Gold on the Platform from time to time.
You may provide such 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 the Pride Gold shall for a period ___ year commencing from the date of expiry of Maximum Storage Period (such period being the “Grace Period”) 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 SafeGold Balance in question to be delivered or (ii) Your bank account details into which sale proceeds of the Customer Gold shall be deposited.
In the event that the Pride Gold have 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 in question for any reason whosoever (including where You shall not have provided any address to take delivery of such gold); or
(b) provide the details for a valid bank account into which the proceeds of any sale of such Customer Gold is to be deposited;
then upon expiry of the applicable Grace Period for the Customer Gold in question, we shall purchase such Customer Gold with the purchase price being the applicable prevailing price displayed on the Platform for purchase of SafeGold from Customers and will be sold by us.
The purchase proceeds realized from such sale (“Final Sale Proceeds”) after deducting any amounts payable to us as storage charges for storage of such gold after the Free Storage Period, shall be deposited into a bank account operated by the Security Trustee who shall be the sole signatory to such bank account.
In the event that You shall during a period of _______ years commencing from the date of expiry of the applicable Grace Period (such period being the “Final Claim Period”) notify either The Platform Provider, Pride Gold or the Security Trustee that You are claiming the applicable Final Sale Proceeds, the Security Trustee 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 the _______________________ Fund or such other fund as You may designate for this purpose at any time prior to the expiry of the Grace Period.
PURCHASE OF GOLD
You can offer to buy Gold worth Rs.1 and above incremental value thereof at the market linked prices of gold shown on the Platform. Market linked prices means that these quotes are linked to the prices of gold in the commercial market in India.
It is hereby clarified that such market linked 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 linked prices then prevailing. While reasonable efforts will be made to offer You a competitive price for the Customer Gold, 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 other third-party website or platform. At the time of purchase / fulfilment / sale-back / transfer of SafeGold, the relevant taxes will be chargeable as applicable as per the Government regulations.
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 cancelled if the payment fails for any reason whatsoever.
The Platform Provider 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 the Platform Provider are of the opinion that You are not eligible to purchase SafeGold. The Gold Account shall accordingly stand amended. The Platform Provider shall have the right to freeze the Gold Account until it receives KYC and other documentation in a form and manner satisfactory to The Platform Provider.
Once the payments are received by us and the KYC information is found acceptable, we shall issue an invoice to You confirming the Customer Order placed within a period of ___ business days of placing such order, in a manner it may deem fit.
Notwithstanding anything to the contrary contained in these Terms, the Platform Provider shall be entitled to accept or reject a Customer, 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 us, such payments shall be returned to You to the bank account linked to your account. subject to the terms and conditions as may be indicated on the Platform.
DELIVERY OF GOLD
You shall be entitled to procure delivery of the Customer Gold using our Platform (“Delivery Request”), by logging in through Your registered mobile number and utilising your Digital Gold Balance.
Upon placing the Delivery Request, You shall be required to pay for the applicable charges and confirm the Delivery Request. Your Digital Gold Balance shall be provisionally debited corresponding to the quantity of the Customer Gold sought to be delivered (“Delivered Customer Gold”).
Within a period of ________ business days of the Delivery Request being confirmed or such further period as may be required by us, we shall arrange for delivery of the Delivered Customer Gold 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 Request. You shall not be entitled to change the shipping address after the Delivery Request is processed by us.
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 with, You shall be required to intimate us immediately of the same, and provide such other information as may be required by us in this regard (“Return Request”). Within a period of ____ business days of the original package of Delivered Customer Gold being delivered back to us, in a manner indicated by us, and the Return Request being approved by us, we shall arrange for re-delivery of the Delivered Customer Gold at the shipping address indicated by You. The costs for such shipping shall be borne by us. However, in the event of frivolous and unjustified Return Requests made by You, we reserve the right to take all action available to it, including black-listing or blocking You from using the Services.
You, upon signing the delivery receipt, acknowledge the receipt of the Delivered Customer Gold in terms of the Delivery Request placed with us. We 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 us, the Digital Gold Balance shall be debited for the Delivered Customer Gold from the Gold Account.
It shall be Your responsibility to ensure that You are available to receive the Delivered Customer Gold at the time of delivery. If You are not available at the time of delivery, our courier agent may try and deliver the item again before returning the same to us. In case of return of the Delivered Customer Gold to us, Gold Account shall be credited for the Delivered Customer Gold, after deducting the charges (if any) due from You, provided however that Pride Gold 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 Customer Gold.
In case of our inability to make deliveries of Delivered Customer Gold due to a Force Majeure Event, we 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.
We will not be able to deliver a fractional quantity of gold below such threshold as we 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 below the Threshold Quantity is to be delivered to you, then please note that such Customer Gold shall instead be sold by us 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, The Platform Provider and/or Pride Gold would not be held responsible for the same.
Notwithstanding anything to the contrary contained in these Terms, we 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 Gold Account (in lieu of the Customer 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 us at Pridegold4@gmail.com (or such other address as may be communicated on the Pride Gold Platform Provider in this regard), who shall accordingly take all necessary actions for taking care of any such identified discrepancies.
It is hereby clarified that the Customer Gold cannot be pledged or transferred by You to any other user, and the Gold Account is non-transferrable, unless specifically allowed by us. In the event of Your death, if specifically allowed by us, the title to such Customer Gold lying in the vault and the Gold Account shall transfer to Your legal heirs only after the required due diligence has been conducted. Subsequent to this, Your legal heir(s) shall be regarded as the Customer for the purpose of the Customer Gold and Gold Account thereafter and the Terms shall be applicable to Your legal heir(s).
It is hereby clarified that the Platform displays the articles that are available for shopping. Some items may appear slightly larger or smaller than actual size due to screen defaults and photography techniques. The Platform Provider and we shall not be liable for any legal action on this account. It shall be the endeavour of The Platform Provider to ensure that all details regarding the product are clearly displayed on the Platform.
Due to reasons not directly attributable to us or the Platform Provider, data may be inaccurately displayed on the Platform due to some system errors on the Platform or any device used to access the Platform. The Platform Provider reserves the right to correct any and all errors when they do occur, at its sole discretion, and the Platform Provider or we 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.
SALE OF CUSTOMER GOLD
You may be provided an option to sell the Customer Gold during market hours 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 us (“Sale Request”). Your Pride Gold Account shall be debited corresponding to the quantity of the Customer Gold sought to be sold vide the Sale Request (“Sold Customer Gold”).
Within a period of ____ 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 us at the sale prices indicated at the time of placing such Sale Request. We 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, we would not be held responsible for the same.
It is hereby clarified that Pride Gold and/or the Platform Provider will provide this service on a best effort basis and only when the commercial market is in operation. We and the Platform Provider do not in any way guarantee that this option will be available to You at all times. Further, the buyer of the Sold Customer Gold may be either we or another party (being interested in buying the Sold Customer Gold). The Platform Provider and/or our responsibilities shall be restricted to ensuring that funds against the Sale of Customer Gold to such Third Party are remitted to Your bank account.
STORAGE OF CUSTOMER GOLD
You will be provided with free storage for your Customer Gold for ___years, or for such period as more particularly stipulated by us 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, we 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 SafeGold 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 that Pride Gold is not able to deduct the storage charges because Your gold balance is too low, then we shall be entitled to sell such portion of Your Customer Gold stored with the Vault Keeper that is necessary or required to recover the unpaid storage charges in question.
While reasonable efforts will be made to offer You a competitive price for the Customer Gold, there is no guarantee that the price offered to You will be close to or comparable with other prices available in the market.
The Customer should take care not to share their mobile wallet details, personal UPI pin or OTP (“Payment Information”) with any third party intentionally or unintentionally. We never solicits Payment Information over a call or otherwise. We/Platform Provider/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 utilised to purchase gold on the Platform (“Fraudulent Transaction”) from us, then the Platform Provider may share relevant information of such transaction if the victim approaches the Platform Provider via proper channels including our customer support number and email, along with supporting documentation from the relevant public authority or Cyber Cell.
In the event that we have flagged any transaction or Customer account as suspicious as per their internal guidelines, or where it is found that a Customer has utilised Payment Information or a Payment Instrument in an unauthorised or fraudulent manner to purchase SafeGold or undertake any other transaction on the Platform (Fraudulent User), we and/or the Platform Partner shall be entitled to:
(i) request further KYC information or other documentation from the User to verify the flagged transaction;
(ii) pending further verification, block such Fraudulent User, and/or freeze any accounts associated with them;
(iii) reverse any such Fraudulent Transaction, to the extent possible, including the sale of any Digital Gold Balance purchased by such Fraudulent User, at the prevailing rate;
(iv) provide information on such Fraudulent User, along with any other transaction details, to the relevant authorities.
In the event of a Fraudulent Transaction, we shall make a reasonable effort to assist the Customer or victim in recovering their funds, subject to supporting evidence and documentation being provided upon request. The Platform Provider or we shall be entitled to transfer the Customer or victim’s funds, less any payment gateway charges that are not refunded by third party payment service provider or bank.
However, it is clarified that we shall not obligated to reverse any transaction where the Fraudulent User has already sold the SafeGold Balance purchased through the Fraudulent Transaction, and received the funds against such sale; or where the Fraudulent User has chosen to take delivery of the SafeGold Balance so purchased. In this event, we shall, to the best of its ability, provide any information on the Fraudulent User, including the bank account or Mobile Wallet account to which funds have been settled, or the physical address to which the SafeGold Balance has been delivered, to the victim or the relevant authorities.
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, pandemic, government mandated lockdown, Trojan virus 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 the Pride Gold and could not have been prevented by reasonable precautions then the Pride Gold shall be discharged from such performance to the extent of and during the period of such force majeure event. Such non-performance by the Pride Gold shall, in no manner whosoever, amount to a breach of its obligations herein.
When you visit the Platform or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We may communicate with you by letters, e-mail, SMS or by posting notices on the Platform. You agree that all the agreements, notices, disclosures and other communications that we provide to you electronically satisfy all legal requirements that such communications be in writing.
LICENSE AND SITE ACCESS
Pride Gold grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of us. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of us. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Pride Gold without its express written consent. You may not use any Meta tags or any other "hidden text" utilizing our name or trademarks without the express written consent of us. Any unauthorized use terminates the permission or license granted by us. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the Platform so long as the link does not portray Pride Gold, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Pride Gold logo or other proprietary graphic or trademark as part of the link without the express written permission.
CONTENT AND INTELLECTUAL PROPERTY RIGHTS
We solely and exclusively owns its respective copyrights, trademarks, service marks, logos, trade names, and other intellectual and proprietary rights associated with the Services provided by us 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 us respectively through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitutes valuable intellectual property of Pride Gold and such others. You thereby agree to protect the proprietary rights of Pride Gold 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 at appropriate forum for seeking all available remedies under applicable laws of the country.
DISCLAIMER OF WARRANTIES
The Platform and all information, content, materials, products (including software) and services included on or otherwise made available to you through the Platform are provided by us on "as is" and "as available" basis, unless otherwise specified in writing. We make no representations or warranties of any kind, express or implied, as to the operation of this site or the information, content, materials, products (including software) or services included on or otherwise made available to you through this site, unless otherwise specified in writing. You expressly agree that your use of this site is at your sole risk. To the full extent permissible by applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. We do not warrant that this site; information, content, materials, products (including software) or services included on or otherwise made available to you through this site; their servers; or electronic communications sent from us are free of viruses or other harmful components. We will not be liable for any damages of any kind arising from the use of this site or from any information, content, materials, products (including software) or services included on or otherwise made available to you through this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages, unless otherwise specified expressly in writing.
LIMITATION OF LIABILITY
You hereby acknowledge that we (including but not limited 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. We 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 Account Information secure and confidential. You further agree that we shall not be held responsible in any manner whatsoever for any and all acts or omissions of the Platform Provider, 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 by the Platform Provider for the purposes of accepting/collecting any payments from You for the purchase of Gold. Likewise, the Platform Provider shall not be held responsible in any manner whatsoever for any and all acts of any third party or other Intermediaries.
LINKS TO/FROM THIRD-PARTIES' WEBSITES/APPLICATIONS
The Platform may contain links and interactive functionality interacting with the websites of third parties. We are not responsible for and or has 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, we strongly recommend that You review and understand the terms and conditions, privacy policies, settings, and information-sharing functions of each such third-party website.
TERMINATION OF SERVICES
These Terms shall further stand terminated:
i. if the Company is adjudged bankrupt or declared insolvent;
ii. if the Company ceases to carry on its business or has communicated to the Security Trustee any intention to cease to carry on its business;
iii. if the Company breaches any of the terms and conditions under the Security Trustee Agreements or Terms and the Company does not remedy such breach within ____days of being called upon to do so by the Security Trustee;
iv. upon any corporate action (excluding any third-party corporate action), legal proceedings or other procedures or steps being taken in relation to the suspension of payments, winding up, dissolution, administration, provisional supervision or reorganization or restructuring (by way of voluntary arrangement, scheme of arrangement or otherwise) of the Company;
v. upon the Company commencing a voluntary proceeding under any applicable bankruptcy, insolvency, winding up or other similar applicable law now or hereafter in effect, or consenting to the entry of an order for relief in an involuntary proceeding under any such applicable law, or consenting to the appointment or taking possession by a receiver, liquidator, assignee (or similar official) for the whole or a substantial part of its property or takes any action towards its re-organization, liquidation or dissolution;
vi. upon an order being made for the winding up, bankruptcy or dissolution of the Company, or an application is admitted for initiating any corporate insolvency resolution process against the Company in accordance with Applicable Law;
vii. upon any encumbrancer lawfully taking possession, or a liquidator, judicial custodian, receiver, administrative receiver or trustee having been appointed in respect of the whole or a substantial part of the property of the Company, or an attachment, confiscation, distress or execution being levied or enforced upon or issued against whole or a substantial part of the assets or property of the Company, or any action has been taken or suffered against the Company towards liquidation or dissolution or similar reorganization; or
viii. upon a liquidator or provisional liquidator being appointed to the Company or a receiver, receiver and manager, trustee or similar official being appointed in respect of the Company or any of its assets, or an event analogous.
Upon the happening of any of the events referred to hereinabove, and where there is any insufficiency of the Company funds required to pay any costs and expenses to be incurred in relation to providing delivery of the purchased Gold to the Customer, then in such an event the Customer does hereby authorise the Security Trustee to sell any part of the Customer Gold, that is necessary or required to defray such costs and expenses.
Upon the happening of any of the events referred to hereinabove, the Security Trustee under the Security Trustee Agreements is to: (i) declare all outstanding amounts as due and payable to the Security Trustee forthwith; and (ii) take charge and/or possession of, seize, recover, receive and remove the Security and use the same to discharge any liability of Pride Gold to the Customers. You however expressly understand and acknowledge that any enforcement of the Security would always be subject to and undertaken in accordance with the provisions of Applicable Law and therefore:
(i) it is not possible to accurately predict the time required to make any such distribution; and/or
(ii) the amount received by You from such distribution may not be sufficient to completely extinguish our liability to You;
and consequently, no liability shall accrue to the Security Trustee in relation to the above.
We may, with or without notice to you, discontinue to make the Services available through the Platform and in such case Your Account may be closed.
CONSEQUENCES OF TERMINATION OF SERVICES
Upon such termination for any reason whatsoever, subject to these Terms read with the Security Trustee Agreements:
Fractional amounts for Gold holdings of 1 gram may be sold and cash in pursuance thereto will be sent directly to the Customer’s bank account, after deducting all the requisite charges relating to appointment of Intermediaries (hereinafter referred to as “Charges”).
For larger Gold holdings, the Security Trustee shall (to the extent You have not already paid for all the Charges) be allowed to sell part of the Customers Gold to pay for all the Charges to all the Intermediaries. The remaining portion of the Gold shall be delivered to the Customer in accordance with these Terms, along with the details of the deductions made and the quantum of Gold that You are entitled to receive.
The Customer acknowledges that the termination of the Customer’s access to the Platform and Services may be affected without any prior notice, and the Gold Account may be immediately deactivated or deleted and all related information and/or bar any further access to the Gold Account, the Platform or the Services. Further, the Customer agrees that the Company shall not be liable for any discontinuation or termination of Services by any third party. Further, the Customer agrees that we shall not be liable towards the Customer or any third-party for any termination of your access to the Service.
None of the Customers content shall remain accessible on the Platform upon termination. This information cannot be recovered by the Customer, once the Customer Account is terminated.
The Disclaimer of Warranties, the Limitation of Liability, and the Governing Law provisions shall survive any Termination of these Terms.
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 the Pride Gold. Therefore, we 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 our control or anticipation.
If you have any questions concerning these Website Terms please write to us at the e-mail. All rights not expressly granted in these terms and conditions are expressly reserved.
You agree to indemnify us and keep us indemnified us against all claims, charges, demands, damages, liabilities, losses and expenses of whatever nature and howsoever arising (including but not limited to any legal or other professional fees and the cost of defending or prosecuting any claim and any loss of profit, goodwill and any other direct or consequential loss) incurred or suffered by us directly or indirectly by reason of any act or omission which you commit in breach of these terms and conditions and the obligations and warranties contained in them
We shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these terms & conditions without any notification or consent required. However, you are not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these terms & conditions.
GOVERNING LAW AND JURISDICTION
By visiting the Platform, you agree to be bound by the applicable Indian laws and State laws, including those pertaining to taxation. This Agreement has been executed and delivered in India, and its interpretations, validity and performance shall be construed and enforced in accordance with the laws of the Republic of India, without regard to principles of conflict of laws, and shall be subject to the exclusive jurisdiction of courts at India.
Any dispute or claim relating in any way to your visit to the Platform or to products or services sold or distributed by us or through the Platform will be resolved first by arbitration. The Indian Arbitration and Conciliation Act of 1996 applies to this agreement. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim in detail to our address available on the Platform. The arbitration will be conducted in ____________ by an independent arbitrator appointed by Pride Gold. The costs of arbitration proceedings will be borne by the party so instructed by the arbitrator, on merits of the case. We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies posted on this site. These policies also govern your visit to the Platform. We reserve the right to make changes to our site, policies, and these Terms and Conditions of Access and Use at any time. If any of these Terms and Conditions of Access and Use is deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall be modified so as to give effect to the economic intent of such impugned provision, and shall not affect the validity and enforceability of the remaining Terms and Conditions of Access and Use.
- Lack of authorization for any transaction(s), or
- Exceeding the preset limit mutually agreed by You and between bank/s and/or 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.