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TERMS AND CONDITIONS – DIGIGOLD

FamPay - Terms and Conditions (“T&Cs” or “Terms”) for Digigold Feature


This document is an electronic record in terms of the Information Technology Act, 2000 including
any amendments thereof, from time to time, the rules thereunder as applicable and the amended
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.

These Terms and Conditions form the basis of ‘Digigold’ or ‘Digital Gold’ a feature in the FamPay
Mobile App (“FamPay App”) to purchase and sell digital gold (“Digigold”). They apply to the
relationship between you (being the user/ consumer) who is using FamPay’s platform for purchasing
and selling Digigold from Augmont (defined below) (and terms such as ‘you’, ‘your(s)’, ‘yourself’ and
such other terms converting the same meaning shall be construed accordingly) and FamPay
Solutions Private Limited (“FamPay” / “Company”) and are intended to protect both you and FamPay.
If you are below the age of 18 (eighteen) years (“Minor(s)”), you can access this Digigold feature only
with the permission and under the supervision of your parent or legally appointed guardian
(“Parent”). To this end, the term ‘you’ in the entire Terms and Conditions will also include the Parent
in case the user is a Minor.
As the Parent, you must agree to and accept these Terms and Conditions on behalf of the Minor(s).
Minors cannot, therefore, use Digigold feature unless their Parent agrees to and accepts these Terms
and Conditions on their behalf. If you agree to these Terms and Conditions on behalf of a Minor(s),
you represent to FamPay that you are their Parent. As a Parent, you agree to take full financial and
legal responsibility for the acts and omissions of the Minor(s). A Minor’s dealing with this Digigold
feature must be supervised by the Parent. As a Parent, you must take full responsibility for a Minor(s)
actions while using this Digigold feature. This is a crucial obligation, so FamPay advise you not to add
individuals to Digigold feature who you do not know or want to take responsibility for.
It is your responsibility to read and understand these Terms and Conditions before using Digigold
feature. They contain very important information about your rights and obligations, as well as
limitations and exclusions that may apply. Some of the clauses may be related to other clauses, and
therefore, FamPay recommends that no clause be read in isolation. Using Digigold feature and its
interface is considered as an acceptance of these Terms and Conditions. These Terms and Conditions
are effective as at the date of their publication and may be changed / modified by FamPay at any
time.
These Terms and Conditions are supplementary and in addition to, and not in derogation to/
contradiction of, the applicable terms of services of FamPay-IDFC First Bank Co-Branded Wallet
available at https://fampay.in/terms, and FamPay’s privacy policy available at
https://fampay.in/privacy, and will continue to be governed by regulations of Reserve Bank of India
on Prepaid Payment Instruments. The Terms and Conditions apply to all transactions on or through
the FamPay App involving FamPay and form the contract between you and FamPay subject to which
all the services are offered by FamPay to you.
Digigold feature is intended to be used only by you and not by anyone else.
These Terms and Conditions set out the contractual relationship between FamPay and each
individual user or their Parent (in case of a Minor), in relation to Digigold.
1. User Agreement

These T&Cs set out the contractual relationship between us and each individual user and/or their
Parent (in case of a Minor), in relation to Digigold feature on FamPay App.
2. Definitions

2.1. The definitions given here relate to terms mentioned in Digigold feature, unless the context
states or requires otherwise. All defined terms importing the plural shall include the singular and
vice versa.
2.2. ‘Augmont’ shall mean Augmont Goldtech Private Limited which shall be the digital gold selling
company which is facilitating/ allowing the selling / buying Digigold to Users of FamPay, allowing
purchase, sale back and/or redemption/ delivery and all other services relating to Digigold for
the Users of FamPay on FamPay App.

2.3. ‘Augmont T&Cs’ shall mean the terms and conditions of Augmont annexed below as Annexure
A to these T&Cs.

2.4. 'Data' means any and all information of a User available to us by virtue of the same being
provided by such Users while entering/ using Digigold or on account of the User’s interactions
with Digigold feature, while receiving Rewards (as defined below) and / or with FamPay’s other
products and offerings.

2.5. ‘Services’ means all services relating to Digigold which are accessible to the Users on FamPay
App. Any additional service offerings by us or by Augmont may have additional terms attached
to it and shall be governed by the Augmont T&Cs in Annexure A.

2.6. ‘User(s)’ means all eligible users of FamPay who have entered the Digigold section offered by
FamPay in collaboration with Augmont, by agreeing to these T&Cs

3. User Agreement

You hereby confirm that you fulfil the eligibility criteria specified in these Terms and the Augmont
T&Cs, and you are a registered User of FamPay App.

4. FamPay’s Role

You agree and understand that:

4.1. FamPay’s role shall be limited to only acting as a partner platform to Augmont, ie, facilitating the
requests for Digigold activities of Users.

4.2. FamPay shall be facilitating transactions of Digigold by way of back-to-back technical


integration/ arrangement with Augmont, and any failure, bug, downtime, error, technical glitch
in the Digigold feature on the FamPay App shall solely be the responsibility of Augmont. FamPay
shall not be held responsible for the same.

4.3. FamPay is neither a seller nor a manufacturer of Digigold, nor does FamPay store any gold.

4.4. FamPay is not responsible for determining the live gold rates, charges, commissions, and/or
taxes applicable on transactions of Digigold.

4.5. FamPay does not determine, advise or in any manner control the price of Digigold.

4.6. FamPay is not advertising or marketing or enticing Users to deal in buying/ selling/ trading in
Digigold.

4.7. FamPay shall not be responsible for any transaction failure at Augmont’s or any third party’s end
in any manner whatsoever.

4.8. FamPay shall not be responsible if any amount/ money is reflected in your account after any
delay. Any such dispute shall be taken by the Users against Augmont

4.9. FamPay shall not be a party any dispute between the User and Augmont.

4.10. FamPay shall not be responsible for any deficiency in the Digigold/ physical gold (if applicable)
and/or services offered by Augmont, in any manner whatsoever.

4.11. You shall not hold FamPay liable for any issues relating to Digigold including quality/ purity/
genuineness of Digigold related issues of the physical gold (if applicable) or for non-
delivery/delayed delivery of the physical gold (if applicable) by Augmont.
4.12. Augmont is the seller of the Digigold and is solely responsible for ensuring the safety, delivery of
the physical gold (if applicable) and for any deficiency in the physical gold (if applicable) and/or
any other services relating to Digigold.

4.13. Wherever applicable, Augmont is solely responsible for the quality (purity and all related aspects)
of the physical gold offered by it for sale, its accuracy in weight, measurement, physical gold
content or fineness of the physical gold to be delivered and the nature and authenticity of the
physical gold at the time of delivery to an address specified by you.

4.14. Wherever applicable, Augmont is solely responsible for maintaining, showing and updating gold
prices, wherever applicable selling/ delivering physical gold to you, order fulfilment, storage of
the Digigold purchased by you in physical/ digital form and for repurchasing the Digigold from
you.

4.15. Augmont shall be solely responsible for providing any warranty on products, warranty card, post-
sale support if required for the products etc. FamPay shall not be responsible for the same, in
any case whatsoever.

4.16. All disputes/complaints/grievances with respect to the products/services of Augmont (including


issues relating to delivery, non-fulfilment, quality of goods, deficiency of services, post-sale
support, etc.) shall be raised against Augmont.

4.17. FamPay may be required to share your personal details which may include without limitation
name, email, phone number, transaction details, PAN details and any other information which is
necessary for providing Services of Digigold to you. You expressly consent to FamPay receiving
and sharing this data with Augmont for the specific purpose of providing Digigold services to
you.

4.18. FamPay may from time to time, display such information on FamPay’s platform as may be
provided and/or updated by Augmont. FamPay shall neither be liable nor be responsible for
accuracy or authenticity of any such information.

5. User Responsibility

You agree and understand that:

5.1. Your participation in Digigold feature on the FamPay App shall be subject to your or your
Parent’s acceptance of these T&Cs and the Augmont T&Cs.

5.2. You shall be solely responsible for providing accurate information for each payment instruction.

5.3. You may be required to share certain data with us such as name, phone number, email address,
social media handles/ usernames, valid ID proof like Permanent Account Number (PAN), proof
of residence before your participation in Digigold feature and you consent to sharing such data
with us. There may be additional steps which we may require for verification for your
participation in Digigold feature.

5.4. Digigold is currently an un-regulated activity under the laws of India and has financial and
monetary risk attached to it.

5.5. FamPay cannot reverse a payment once the same is initiated as per your instructions. FamPay
shall not be liable for any loss incurred by you as a result of a transaction processed by FamPay
in accordance with your payment instructions. Further, FamPay will not be responsible for any
refund or reimbursement to you or for reversing any payment that you have erroneously made

5.6. Entering/ buying/ selling/ dealing in Digigold is completely voluntary. You may choose to not to
enter into any Digigold transaction. FamPay does not make any warranty or guarantee or
promise any gains to any Users by virtue of their purchase/ participation in this feature.

5.7. You are responsible for providing accurate information to us. In case you misuse any information
or provide incorrect details or misrepresent or impersonate any other person, you will be liable
for penal action under law. We reserve the right to terminate and block your present and future
participation in Digigold feature.

5.8. We reserve the right to limit the access to Digigold only to certain Users.

5.9. The price of Digigold is determined by Augmont in accordance with its own defined procedures,
which may change/ fluctuate from time to time. It is hereby clarified that FamPay shall not be
responsible for any such change in price or any losses suffered by any User pursuant to it.

5.10. Any personal information provided by the User in the application form or that the User will
provide as a Userand all data, including your activities under Digigold feature:

5.10.1. will be retained and used by us to ensure the efficient running of Digigold feature;
5.10.2. may be shared with Augmont or third parties or service providers;
5.10.3. may be disclosed if and when required by law;
5.10.4. may be used by us to send to its Users communications about promotions, services,
products and facilities offered in Digigold feature;
5.10.5. may be disclosed to Augmont/ service provider and/or third party to assist in the planning
and development of Digigold features and benefits; and
5.10.6. may otherwise be used in a manner in order to improve and offer our Services and other
offerings in the FamPay App.

6. Rewards

6.1. The Company may provide one or more Users with certain amount of Digigold as reward(s) for
free of cost or for certain amount of in-app coin-burn or for any other tasks/ activities (“Rewards”).

6.2. You understand and accept that the Rewards shall be given at the sole discretion of the
Company and cannot be claimed as a matter of right or for participation. The Rewards are non-
negotiable, non-convertible and are not allowed to be exchanged or convertible for / to cash or
equivalent to cash rewards.

6.3. Further, the Company shall not be responsible for any quality issues, defects or technical
problems regarding the Rewards and FamPay is not responsible for verifying the quality,
genuineness or compliance with any legal standards in relation to such Rewards. Some of the
Rewards can be used to access the services that we offer under the FamPay App. Some of the
Rewards may also contain an expiration date. Users are advised to read all the terms of the
Rewards carefully.

6.4. The Rewards may be of non-transferable and non-refundable nature. In case of termination of
your participation in Digigold feature or closure of your account on the FamPay App, the
Rewards accrued may be forfeited or transferred to your Augmont account.

6.5. Users must note that Digigold transactions / Rewards may incur tax liability on you / the Parent
(in case of a Minor), and that it is your responsibility to ensure and keep track of such taxation
liability. Relevant taxes (including, but not limited to tax deducted at source, or goods and service
tax) may be applicable on such Rewards and some Rewards may also incur taxes on the Users /
their Parents’ as well.

6.6. FamPay shall not be held liable for any deductions made while crediting or providing the
Rewards to the Users or for any taxes incurred by the Users / their Parents relating to the
Rewards.

6.7. The Rewards may be given by the Company and/or by Augmont/ Company’s partners/ sponsors/
affiliates. You may be required to create an account/ register/ sign-up etc. on such partner’s/
sponsor’s website, app or physical location to avail full benefit of the prizes offered. Further,
Rewards given as part of Digigold feature may be available only in specified geographies or for
specified time duration.

6.8. All Rewards are subject to applicable laws, regulations, rules and restrictions, and by agreeing to
these Terms, you agree to abide by such applicable laws, regulations, rules and restrictions.
6.9. The Rewards are non-transferable, may have no monetary refund value and are not
exchangeable for other rewards or refunds.

6.10. All Rewards shall be subject to the applicable limits in the FamPay App. Such limits may be
modified by us at any time.

6.11. The Company may require you to feature in any of the Company’s advertisement or promotional/
marketing material as a condition for receiving the prize/ reward, which shall be based on your
specific consent at such time.

7. Disclaimer of warranties

7.1. We make reasonable efforts to make all features of Digigold are available to you, but we make
no representations or warranties regarding the same, including the time needed to process the
Rewards because this may be dependent on many factors outside our control including third
party vendors, transaction processing, etc.

7.2. We are not liable for any losses that may occur as a result of the acts or omissions of any other
third party service providers.

7.3. Digigold feature is being provided on an “as is” basis without any representation or warranties,
express or implied except otherwise specified in writing. We do not warrant the quality of the
Services, including its uninterrupted, timely, secure or error-free provision, continued
compatibility on any device, or correction of any errors. In no event shall we or any of our affiliates,
successors, and assigns, and each of their respective investors, directors, officers, employees or
agents be liable for any special, incidental, punitive, direct, indirect or consequential damages or
losses suffered by you.

7.4. We do not guarantee the quality and appropriateness of Digigold feature, Services or Rewards
available in Digigold feature. We do not make any representations or guarantees verbally or in
writing regarding performance of Digigold feature. We and our affiliates disclaim the implied
warranties of titles, merchantability, and fitness for a particular purpose or any goods or services
available as part of Digigold feature. We make no guarantee, warranty or any claim that Digigold
feature will meet your requirements.

7.5. We shall not be held liable or responsible for any issues outside our control including but not
limited to hacking, cloning used by any User, any unsolicited communication sent to Users
without any act or omission by the Company, network provider issues, software issues and
update issues, any unfair means used by other Users etc.

7.6. We disclaim any and all representations and warranties in relation to Digigold feature, which
may or may not include third-party developer products, its quality, features, efficiency,
authenticity, smoothness, lag, visual representation, graphics, sound or products or any legal
issues etc.

7.7. The Company shall have the final say and decision to any and all rules, regulations, objections,
disputes and disagreements in relation to Digigold feature.

7.8. The Company is not responsible for:

7.8.1. any interruption in use of Digigold feature which is not in the Company’s control;
7.8.2. any action of a telecommunications provider to cease or fail to provide the
telecommunication service;
7.8.3. any problems caused by the User’s device or problems related to the network
environment;
7.8.4. any problems, bugs or technical issues of any nature whatsoever which results in
crashing of Digigold feature or the FamPay App.
7.8.5. ensuring proper/ smooth functioning of Digigold feature or that Digigold feature shall
be free from technical glitches.
7.8.6. continuous availability of Digigold feature. Digigold feature may be suspended/
removed from the FamPay App for any technical, non-technical, maintenance reasons
or any other reason whatsoever;
7.8.7. the information, data, facts, reliability, accuracy, etc. posted or transmitted by the Users
or a third party during Digigold feature;
7.8.8. anything which is the responsibility of a third party;
7.8.9. when Users fail to receive the results they expected;
7.8.10. loss of any Users any Digigold (as maybe applicable); or

7.9. The Company, under no circumstances, shall be liable for any conduct, act, omission,
misrepresentation, fraud, negligence, or non-compliance by any User and/or their Parent /
representatives.

8. Suspension and Termination


FamPay, in its sole discretion, may suspend/discontinue, either temporarily or permanently, Your
access to FamPay’s platform, at any time without notice. Further, FamPay may evaluate and
investigate any of your transactions in case FamPay are of the view that the same is a suspicious,
irregular, illegal or fraudulent transaction.

9. Indemnification, Limitation of Liability & Release

9.1. You agree to indemnify, defend and hold harmless, FamPay its affiliates, officers, directors,
agents, and employees from and against any and all complaints, demands, claims, damages,
losses (including any reputational or business losses), costs, liabilities and expenses, including
attorney’s fees, due to, arising out of, or relating in any way to (a) your access to or use of the
Digigold services on FamPay ; (b) any claims or disputes related to Digigold; (c) your breach of
these Terms and Conditions, or (d) your breach of any applicable laws or third-party rights.

9.2. FamPay shall not be liable to pay for any losses (including but not limited to lost profits, loss of
data, loss of goodwill), fines, penalties, costs, costs of substitute services, liability, expenses
(including reasonable attorney/ client fees), damages (including direct or indirect, incidental,
special, punitive, exemplary or consequential) or taxes of any kind arising from or in relation to
the Digigold. FamPay’s monetary liability regardless of the form of any claim by any user or any
third party claiming through them including costs, attorneys’ fees and expenses where
applicable, will be limited to a maximum of INR 5,000 (Indian Rupees Five Thousand only).

9.3. You and your respective Parents/ legal guardians hereby irrevocably and unconditionally release,
acquit and forever discharge FamPay, in individual and/or corporate capacities, together with
any employees, officers, directors, agents, contractors, assignees, successors or other
representatives of FamPay, from any and all claims, promises, debts, demands, damages, losses,
suits, actions, proceedings or other liabilities (known or unknown) whatsoever (including any
costs whether legal or otherwise) which they may have or may at any time incur against FamPay
or any of its employees, officers, directors, agents, contractors, assignees, successors or other
representatives (whether directly or indirectly) in connection with Digigold.

10. Anti-Bribery and Anti-Corruption

10.1. You represent, warrant and covenant to FamPay that you have not (a) used or shall use any funds
received for any unlawful or illegal payment to any foreign or domestic political parties or such
other organisation bearing similar objective; (b) violated or is in violation of any applicable anti-
corruption or anti-bribery laws in India including the Prevention of Corruption Act, 1988, as
amended; (c) violated or is in violation of any applicable law or regulation implementing the
OECD Convention on Combating Bribery of Foreign Public Officials in International Business
transactions, or any applicable provision of the U.S. Foreign Corrupt Practices Act of 1977 as
amended, or the U.K. Bribery Act, 2010, or any other similar law in any other jurisdiction; (d) taken
or is receiving any offer, payment, gift or anything else of value knowing that all or some portion
of what is taken will be used in violation of the provisions of the enactments specified above.

10.2. Without limiting the foregoing you represent and warrant that you are, directly or indirectly, not
(a) subject to any sanctions enforced by the United States Department of the Treasury’s Office
of Foreign Assets Control (constituted under the laws of the United States of America) (“OFAC”);
(b) named in any of the sanctions list issued by the OFAC, including the OFAC Specially
Designated Nationals List (SDN), Consolidated Sanctions List and the Additional OFAC Sanctions
List, as amended and updated from time to time; (c) have entered into a transaction with, or
directly or indirectly lent, contributed or otherwise made available funds to any person/entity (or
its affiliates, joint venture partners etc.) who falls or would otherwise fall under (a) and (b) of this
sub-clause. The laws and regulations referred to under this sub-clause and the preceding sub-
clause shall collectively be referred to as “Improper Payment Laws”.

10.3. You shall be in compliance with the United States of America’s (and any other applicable
nation’s/territory’s) regulatory framework on economic sanctions and export control including
laws, rules, regulations, notifications, circulars, directions, advisories, mandates or any official
document promulgated/issued by OFAC. You shall immediately notify FamPay if you become
aware of any situation that leads or may lead to a breach of this entire.

11. Intellectual Property

11.1. All of the content on the FamPay App, including, all images, illustrations, graphics, video clips,
text, reports generated, trademarks, as well as the underlying code of the FamPay App
constitutes the intellectual property of FamPay.

11.2. All content uploaded in Digigold feature on the FamPay app or in relation to Digigold feature on
the FamPay appshall be the property of the Company (except any intellectual property that
specifically belongs to Augmont).

11.3. All the ownership relating to Digigold feature including without limitation, software code, source
code, service marks, materials, information, data, trademarks, device marks, creatives, text,
software, graphics, logos, user interface, animations, photos, music, videos, and all other audible,
visual or downloadable materials, as well as the selection, organization, coordination,
compilation and overall look and feel of Digigold feature are the intellectual property of the
Company (except any intellectual property that specifically belongs to Augmont). The Company
is protected by copyright, trademark and other intellectual property laws and all ownership
rights remains with the Company (except any intellectual property that specifically belongs to
Augmont). Anything related to Digigold feature may not be distributed, downloaded, modified,
reused, copied, reproduced, transferred, displayed, reposted, transmitted, disseminated, sold,
published, broadcast or circulated or otherwise used without the express written permission of
the Company or Augmont (where relevant).

11.4. We give you a limited, non-transferrable, non-exclusive, non-sub-licensable and revocable


license to access the Services and the FamPay App, avail of the Services and use Digigold feature
for your personal, lawful requirements only. You are not entitled to duplicate, distribute, create
derivative works of, display, or commercially exploit the features or facilities of Digigold feature,
the FamPay App, directly or indirectly, without our prior written permission.

12. Governing Law and Dispute Resolution


In the event of any dispute or difference specifically between you and FamPay, such dispute or
difference shall be settled in accordance with provisions of the Arbitration and Conciliation Act, 1996,
or any modification or any succeeding law, through a sole arbitrator mutually appointed by the you
and FamPay. The proceedings shall be conducted in English and the seat of proceeding shall be at
Bengaluru, Karnataka. The decision of the sole arbitrator mutually appointed by the parties shall be
final and binding on the parties. Subject to the above, the courts in Bengaluru, Karnataka shall have
exclusive jurisdiction in relation to any dispute arising between you and FamPay.

13. Outdated Information and Disclaimer


By using the Digigold services, you agree that FamPay disclaims any liability or authenticity of any
information that may have become outdated since the last time that particular piece of information
was updated. FamPay reserves the right to make changes and corrections to any part of the content
of the Terms and Conditions and any other information available on FamPay website, at any time
without any prior notice to you.

14. Revision of Terms and Conditions


Notwithstanding anything to the contrary mentioned elsewhere in these Terms and Conditions, the
Terms and Conditions contained herein may be modified, at any time, at FamPay’s sole discretion
without any prior intimation to you. The revised/modified version of the same shall be posted on
FamPay App. It is your responsibility to review the same on a regular basis. By accessing and
continuing to use FamPay, it is deemed that the you have understood and agreed to the revised
version of these Terms and Conditions updated from time to time. Further, the services and features
provided by FamPay may be subject to change at our discretion, and FamPay do not require your
consent for the same nor shall FamPay be liable to you for any such change.

15. Adherence to Augmont T&Cs


In addition to these above Terms, Users shall be required to Adhere to the Augmont T&Cs. You
understand and agree to Augmont T&Cs and Conditions annexed as Annexure to these Terms. For
the sake of clarity the Augmont T&Cs are independent of these Terms of FamPay and shall be
separately applicable on the Users regarding their use of Augmont’s services and platform. As such,
we recommend that you also thoroughly read the Augmont T&Cs thoroughly.


ANNEXURE A

AUGMONT TERMS AND CONDITIONS (“AUGMONT T&Cs” / “AUGMONT TERMS”)

Please read the following terms and conditions before registering on, accessing or using the
website www.augmont.com ("this Website") or the Augmont mobile application (“this App”) or any
similar platform (hereinafter collectively called the Platform). This Website and this App are owned
and operated by Augmont Goldtech Private Limited (Formerly Augmont Precious Metals Private
Limited).We, Augmont Goldtech Private Limited and/or our designated affiliates (jointly "Augmont")
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 ("Agreement"). 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. Please read these Terms and Conditions of Access and Use carefully. In
addition, when you use any current or future Augmont service or business you will also be subject to
the guidelines, terms and agreements applicable to such service or business ("Specific Terms"). If the
Terms and Conditions of Access and Use are expressly inconsistent with such Specific Terms, the
Specific Terms will prevail. Augmont 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. The section titles in these Terms and Conditions of Access and Use are for convenience
only and have no legal effect.

ACCEPTANCE OF DISCLAIMERS AND EXCLUSIONS

You acknowledge that the disclaimers and exclusions of liability set forth in these Terms and
Conditions of Access and Use represent a fair and reasonable allocation of the risks and benefits of
the Agreement between you and us, taking all relevant factors into consideration. You agree that
these disclaimers and limitations shall be enforceable to the fullest extent permitted by applicable
law. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising
out of or related to use of the Platform or these Terms and Conditions of Access and Use must be filed
within one (1) year after such claim or cause of action arose or be forever barred. These Terms and
Conditions of Access and Use shall be read in conjunction with the Business Rules of Augmont and
of the Platform. Augmont may revise these Business Rules from time to time and at any time, without
notice to you.

BUSINESS RULES

The Platform shall facilitate purchase and sale of Gold and Silver with each of its specific users (such
users are referred to as “Registered Members”). Bullion can be bought and sold online using the
Platform's buying / selling option. Registered Member can buy / sell any quantity of gold and silver
on the Platform. The value of Bullion is in INR terms and excludes GST and other applicable taxes.
Both Buy and Sell prices of Bullion will be quoted exclusive of GST. Augmont shall raise e-invoices for
the Bullion sold. Augmont shall provide buy / sell rates of Bullion, Registered Members shall have the
option to either sell the Bullion to Augmont at the prevailing market prices or allow the custodian to
store the bullion in the designated vaults or to request for the delivery of the Gold/Silver bought in
the form of coins and bars online with us.

COPYRIGHT

All content included on the Platform such as text, graphics, logos, button icons, images, audio clips,
digital downloads, data compilations, and software, is the property of Augmont or its content
suppliers and is protected by international copyright laws. All software used on this site is the property
of Augmont or its software suppliers, and is protected by international copyright laws. The content of
the Platform cannot be copied, reproduced, republished, uploaded, posted, transmitted or
distributed for any non-personal use without the prior written approval of Augmont. Graphics, logos,
page headers, button icons, scripts, and service names contained in or features on the Platform are
trademarks, or trade dress of Augmont. Augmont's trademarks may not be used in connection with
any other product or service, in any manner that is likely to cause confusion, disparage or discredit
regarding Augmont and its products and services. All trademarks not owned by Augmont that
appear on this site are the property of their respective owners, who may or may not be affiliated with,
connected to, or sponsored by Augmont.

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 Augmont an
"as is" and "as available" basis, unless otherwise specified in writing. Augmont makes 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, Augmont
disclaims all warranties, express or implied, including, but not limited to, implied warranties of
merchantability and fitness for a particular purpose. Augmont does 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
Augmont are free of viruses or other harmful components. Augmont 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.

DISPUTES

Any dispute or claim relating in any way to your visit to the Platform or to products or services sold or
distributed by Augmont 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 Mumbai by an independent arbitrator
appointed by Augmont. 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.

ELECTRONIC COMMUNICATIONS

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 one or
more of letters, e-mail, SMS or by posting notices on the Platform. You agree that all agreements,
notices, disclosures and other communications that we provide to you electronically satisfy all legal
requirements that such communications be in writing.

EQUIPMENT

You shall procure and maintain all communication and other equipment necessary to access the
Platform and the costs of any such equipment and communication connections or use, including
any applicable taxes, shall be borne solely by you. You are responsible for operating your own
equipment used to access the Platform.

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.

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 Mumbai, India.

INDEMNIFICATION
You agree to indemnify, defend and hold Augmont harmless from all claims, damages and expenses
(including attorney's fees) made by any third party arising out of your content, your use of the
Platform, your connection to the Platform, your violation of this Agreement, our Terms and
Conditions of Access and Use or our business policies, and the development, operation, maintenance,
use and contents of this Platform.

INDEPENDENT INVESTIGATION

You acknowledge that you have read these Terms and Conditions of Access and Use and agree to
them in entirety. You, understand that we may at any time (directly or indirectly) solicit member
referrals on terms that may differ from those contained in this Terms and Conditions of Access and
Use. You have independently evaluated the desirability of associating with the Platform or of
participating in its programs or of availing its services and/or products, and are not relying on any
representation, guarantee or statements other than as set forth in this Terms and Conditions of
Access and Use.

LICENSE AND SITE ACCESS

Augmont 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 Augmont. 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 Augmont. 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 Augmont without its express written consent. You
may not use any Meta tags or any other "hidden text" utilizing Augmont's name or trademarks
without the express written consent of Augmont. Any unauthorized use terminates the permission
or license granted by Augmont. You are granted a limited, revocable, and nonexclusive right to create
a hyperlink to the Platform so long as the link does not portray Augmont, or its products or services
in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Augmont logo
or other proprietary graphic or trademark as part of the link without express written permission.

LIMITATION OF LIABILITY

You expressly agree that use of the Platform is at your sole risk. While we will take all reasonable
precautions to ensure uninterrupted and error-free operations, your access and use of the Platform
is at your sole risk. The service is provided on an "as is" and "as available" basis. We and our licensors,
suppliers, vendors, parent, holding, subsidiary and related companies, affiliates, officers, agents and
employees expressly disclaim all warranties of any kind, whether express or implied, including, but
not limited to the implied warranties of merchantability, fitness for a particular purpose and non-
infringement. In no event shall Augmont be liable for any direct, indirect, incidental, special, punitive,
consequential damages, or any damages whatsoever, including, but not limited to, damages for loss
of profits, goodwill, use, data, or other intangible losses resulting from:

• The use or the inability to use our services or access content,


• The cost of procurement of substitute goods and services resulting from transactions entered
into through or from the Platform,
• The unauthorized access to or alterations of your transmissions or data,
• Statements or conduct of any third party on the service, or
• Any other matter relating to any service or product offered, delivered or agreed to be
delivered, even if Augmont has been advised of the possibility of damages.

OTHER BUSINESSES

For your convenience, the Platform may provide links to the sites of affiliated companies and certain
other businesses, which may not be in our control. You acknowledge that Augmont does not endorse
these linked sites (even if they pop up in a frame) or any links contained in these linked sites. We are
not responsible for examining or evaluating, and we do not warrant the offerings of, any of these
businesses or individuals or the content of their website. Augmont does not assume any responsibility
or liability for the actions, product, and content of all these and any other third parties. You should
carefully review their privacy statements and other conditions of use.

PATENTS

One or more patents owned by Augmont may apply to the Platform and to the features and services
accessible via the Platform. Portions of the Platform may operate under license of one or more
patents.

PRICING

Except where noted otherwise, the prices displayed for products on the Platform represents the value
of the respective product. For certain transactions, you shall bear fees and charges in addition to
payment for prices displayed on the Platform. Such additional fees and charges shall be as are stated
on the Platform. Please pay attention to the details of your transactions, because your total price for
a transaction may include taxes, fees and shipping costs, which you are responsible for paying. With
respect to services provided or products sold by Augmont, we cannot confirm the cost of a service or
the price of a product until you order. Despite our best efforts, a small number of the items in our
catalogue may be mispriced. If an item's correct price is higher than our stated price, we will, at our
discretion, either contact you for instructions before shipping or cancel your order and notify you of
such cancellation.

PRIVACY

The Platform is strongly committed to your right to privacy and to keeping your information secure.
We collect your personal information on a need-to-know basis. Personal information includes, but is
not limited to, first and last name, physical address, e-mail address, phone number, birth date, and
any other information that itself identifies or when tied to the above information, may identify you as
a specific individual. Additionally, Augmont may require you to provide additional information and
documents for meeting its Know-Your-Client guidelines. The Platform does not collect personally
identifiable information about you except when you specifically and knowingly provide it. Augmont
uses your personally identifiable information also to operate the Platform and offer its services and to
inform you of new features, services, and products from Augmont. Augmont may carefully select
other companies to send you information about their products or services which are related to the
Platform but are not necessary to its operation (an "Extended Service"). You would be provided the
option to decline the Extended Service. Augmont may disclose your personal information if required
to do so by law or in the good-faith belief that such action is necessary: (a) to conform to the edicts of
law or comply with legal process served on Augmont; (ii) to protect and defend the rights or property
(including intellectual property) of Augmont and/or of the Platform or (iii) to act under exigent
circumstances (as Augmont may, in its sole decision decide) to protect the personal safety of users of
the Platform, Augmont, or the public. The Platform may have features which provide for users to
disclose their identities and communicate with other users. Your use of such features and disclosure
of any personal details (e.g. e-mail address, mobile numbers) by you through these features are at
your sole risk, and Augmont accepts no responsibility for the same.

PRODUCT DESCRIPTIONS

Augmont attempts to be as accurate as possible. However, Augmont does not warrant that product
descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a
product offered by Augmont is not as described, your sole remedy is to return it in unused condition
for a replacement under the provisions of our Replacement Policy.

RETURNS, REPLACEMENT AND TITLE

Augmont does not take title to returned items until the item arrives at our designated address. For
more information about our returns and replacement, please see our Replacement Policy.

REPLACEMENT POLICY

The following rules will apply regarding replacement of articles delivered to the customers:
• Replacement shall be sought in writing no later than three business days from date of
delivery to the Registered Member;
• Replacement shall be subject to return of the delivered articles at Augmont’s office address
stated for this purpose on the Platform;
• It shall be the responsibility of the Registered Member to ensure safe delivery of articles to
Augmont’s custody. Till such time that the receipt of Bullion is acknowledged as “received”
by Augmont, the risk of loss of the article shall remain with the concerned Registered
Member;
• Replacement shall be subject to handover of the delivered article in its original tamper-proof
packing, if any, in an intact, un-opened and non-mutilated condition. Decision of Augmont
regarding the condition of the tamper-proof packing shall be final and conclusive;

While Augmont shall try to replace a returned piece with a close substitute, Augmont shall have the
right to replace the returned piece with any piece which is similar in composition and equal in market
value on the date of replacement (although not necessarily similar in shape or in design) with the
returned piece.

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. Augmont 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
Augmont 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 Augmont 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 Augmont for all claims resulting from
content you supply. Augmont has the right but not the obligation to monitor and edit or remove any
activity or content. Augmont takes no responsibility and assumes no liability for any content posted
by you or any third party.

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.

TERMINATION

Augmont reserves the right to discontinue, in whole or in part, any portion of the Platform services or
programs with or without notice. This discontinuation may relate to all users, certain groups of users,
or to certain individual users. This Agreement and the license rights granted hereunder shall remain
in full force and effect unless terminated or cancelled for any of the following reasons: (a) immediately
by Augmont for any unauthorized access or use by you; (b) immediately by Augmont if you assign or
transfer (or attempt to do so) any rights granted to you under this Agreement; (c) immediately, if you
violate any of the other terms and conditions of Terms and Conditions of Access and Use. Termination
or cancellation of this Agreement shall not affect any right or relief to which Augmont may be entitled
at law or in equity. Upon termination of this User Agreement, all rights granted to you will terminate
and return to Augmont.
VOID WHERE PROHIBITED

Although the Platform is accessible worldwide, not all products or services discussed or referenced
on the Platform are available to all persons or in all geographic locations or jurisdictions. The Platform
reserves the right to limit the provision of any product or service to any person, geographic area or
jurisdiction it so desires, in its sole discretion and to limit the quantities of any such product or service
that it provides. Any offer for any product or service made on the Platform is void where prohibited.

YOUR ACCOUNT

If you use Augmont’s Website or platform, you are responsible for maintaining the confidentiality of
your account and password and for restricting access to your computer, and you agree to accept
responsibility for all activities that occur under your account or password. If you are below the age of
18 (eighteen) years (“Minor(s)”), you can access the digigold feature through our Website/platform or
any partner platform only with the permission and under the supervision of your parent or legally
appointed guardian (“Parent”). To this end, the term ‘you’ in the entire terms and conditions will also
include the Parent in case the user is a Minor and as the Parent, you agree to and accept these terms
and conditions on behalf of the Minor(s). Augmont reserves the right to refuse service, terminate
accounts, remove or edit content, or cancel orders and instructions at its sole discretion.

ELIGIBILITY

You may use the Platform only if you are an Indian citizen, residing in India, and are eligible to enter
into contracts under Indian law, or in case of a Minor, with the consent of and under supervision of
their Parent. Non-Indian citizens and non-resident Indians cannot participate on the Platform at
present.

YOUR REGISTRATION OBLIGATIONS

In consideration of your use of the Platform, you agree 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.

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 Augmont to obtain reports concerning your credit
standing and business conduct. You can open an augmont 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 Augmont has
reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete,
Augmont 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.

ACCOUNT SECURITY
Upon completing the registration process with the Platform, the system will create unique customer
id for you. You are responsible for maintaining the confidentiality of account, and are fully responsible
for all activities that occur under your account. You agree to (a) immediately notify Augmont of any
unauthorized use of your password or account or any other breach of security, and (b) ensure that
you exit from your account at the end of each session.

TERMINATION OF ACCOUNT

You agree that Augmont, in its sole discretion, may terminate your password, Account or your use of
the Platform. Augmont may terminate your Account and remove any content within the Platform for
any reason, including, without limitation, if Augmont, in its sole opinion, believes that you have
violated or acted inconsistently with the letter or spirit of these Terms and Conditions of Access and
Use. Augmont may also, in its sole discretion and at any time, discontinue the Platform, or any part
thereof, without notice. You may also request Augmont to terminate your account with us by sending
an email to the customer help desk from your registered email id. You agree that any termination of
your access to the Platform under any provision of these Terms and Conditions of Access and Use
may be effected without prior notice, and acknowledge and agree that Augmont may immediately
deactivate or delete your account and all related information and files in your account and/or bar any
further access to such files or to the Platform. Further, you agree that Augmont shall not be liable to
you or any third-party for any termination of your access to the Service. However, on such termination,
Augmont shall, based on request from the customer, deliver the bullion lying in the vaults in the form
of coins and/or bars, sell the fractional parts and return the net amount of money standing to the
credit of your Account

INVESTMENT DECISIONS

Augmont may publish research and opinions on the Platform, for your information. You may not rely
on any such information for forming your investment decisions. You acknowledge that Augmont or
the Platform and its officers, directors, employees, agents and affiliates will have no liability with
respect to transactions in or for your Account and your investment decisions.

SYSTEMS

• Operations on the Platform shall be conducted on an automated basis. Registered Members


will be required to connect to the Platform over the Internet.

Operations on the Platform shall be allowed through suitable internet-connected devices of a


Registered Member. Each Registered Member shall login their respective augmont account by
entering their respective mobile number. A Registered Member shall have a non-exclusive
permission to use the Platform in the ordinary course of business. A Registered Member shall not
have any title, rights or interest with respect to the Platform, its facilities, software and the information
provided by Augmont and the Platform. The permission to use the Platform shall be subject to
payment of such charges as Augmont and the Platform may prescribe from time to time.A
Registered Member shall not, by herself/himself or by through any other person(s), directly or
indirectly:

• Use the Platform for any purpose other than that approved and specified by the Platform;
• Copy, alter or modify the Platform, or make the Platform available to any other person;
• Use the Platform in any manner other than the manner as specified by Augmont;
• Attempt - directly or indirectly - to decompile, dissemble or reverse engineer the Platform;
• Publish, supply, show or make available to any other person or reprocess, retransmit, store or
use the facilities of the Platform.

CONTROL & REPORTING SYSTEMS

• The Platform may, at the decision of Augmont, cease operations in Bullion (Selected
denominations of Gold and Silver as specified by the Platform) on the system for such an
amount of time and for such reasons as it may deem fit in the best interests of the Registered
Members and the overall markets. Orders, if any, in violation of an operation cease, will be
rejected by the Platform.
• Details of transactions conducted by Registered Members would be updated with the back-
office systems of Augmont on a real time basis. Registered Members can access the reports
of their transactions over the Platform. Augmont may record such additional information
about the buying and selling conducted on the Platform as it may consider relevant or
necessary for its own use.

INTERMEDIARIES

Augmont may appoint Intermediaries and Distributors who shall assist us in distributing our
products to you. Augmont shall communicate all the transaction details to you directly by means of
emails, sms and any other medium. and it is your responsibility to ensure that you receive this
communication. When you visit the Platform or send e-mails to us, you are communicating with us
electronically. You consent to receive communications from us electronically. We may communicate
with you by one or more of letters, e-mail, SMS or by posting notices on the Platform. You agree that
all agreements, notices, disclosures and other communications that we provide to you electronically
satisfy all legal requirements that such communications be in writing. Augmont shall not be
responsible to you in the event of default or any wrongful, dishonest, criminal, fraudulent act or wilful
misconduct or gross negligence on the part of these Intermediaries. However, you shall immediately
inform Augmont on occurrence of such an event through e-mails/telephone/fax or any other
convenient means. The activities of the Intermediaries and its personnel/ representative(s) shall not
be construed to be activities of Augmont.

FORCE MAJEURE

In case of inability of Augmont to make deliveries of coins, bars and jewelery bullion due to reasons
beyond its control, Augmont may require that the deliveries be effectuated through specific modes,
including through local agents / jewelers. In such a case, you agree to bear any additional costs and
fees necessary for the delivery to be complete.

TERMS & CONDITIONS FOR DIGIGOLD AND SYSTEMATIC INVESTMENT PLAN (IF APPLICABLE)

DIGIGOLD:

Through the Platform, Augmont shall facilitate buy and sell of Gold and Silver (Bullion).All such buy
and sell transactions are final and non-reversible. Augmont shall provide buy/sell quotes for the prices
of Bullion, which shall be linked, based on a formula, to the prices of gold and silver in the spot market.
You may buy any quantity of Bullion through the Platform, subject to policies framed in this regard
by Augmont. Augmont shall issue an invoice with Bullion (as the case may be) purchased by you. The
Bullion purchased will be delivered to and stored with a custodian in a vault on your behalf and at
your request by default. The cost of insurance of Bullion will be borne by Augmont.You shall have the
option to (a) sell gold / silver from your Platform account back to Augmont at the prices shown on
the Platform at the time of sale, or (b) request for the delivery of the gold/silver in the form of coins
and bars online from us or (c) transfer the gold/silver to another account.

BUSINESS DEPOSIT (IF APPLICABLE)

A Registered Member’s account (“Account”) shall always reflect the business deposit balance in his
Platform account and the balance of net bullion purchased by him / her lying in the vault. The
Registered Member may transfer business deposit money with Augmont and withdraw the same
from the Platform Account as and when he/she requires. By clicking on the ’Deposit Funds’ tab on
website, you will be provided with various options for depositing advance money like Net Banking,
Debit Card, RTGS, NEFT, NACH, Wallet, Cheque and DD. By Clicking on Net Banking or Debit Card,
you will be redirected to the online payment gateway. You can, then, transfer such business deposit
to Augmont and the same will reflect in your Platform account immediately. In case of payments
done by RTGS, NEFT, Cheque or DD, your Platform account will be credited within 48 Hours of receipt
of such business deposit by Augmont. Surplus funds lying in an Platform Account of a Registered
Member shall remain with Augmont. The Registered Member may place a request for withdrawal of
a specific amount from the business deposit with Augmont. Augmont shall transfer such amount to
the bank account of the concerned Registered Member within seven working days from the date of
receipt of such withdrawal request. In case such surplus funds are lying with Augmont for a period of
more than 180 days, the system shall generate a withdrawal request of such surplus funds and the
same shall be transferred to the bank account of the concerned Registered Member within seven
working days However, Augmont may deduct charges for generating such withdrawal request as per
its own discretion. You cannot withdraw the amount from your account to your bank account without
performing any buy and sell transactions. When you buy gold / silver through your Account on the
Platform, you can use the amount of the business deposit towards the amount payable for the
purchase in your Account. Similarly, when you sell gold / silver from your Account on the Platform,
the amount of the transaction can be added to the business deposit or bank account as per your
request in your Account. No interest would be payable on the business deposits maintained by you
in the Account or with Augmont. You may withdraw a part or the entire business deposit in your
Account upon request to Augmont. The withdrawal may be effectuated by such means as Augmont
may decide at its sole discretion. Such means may include electronic transfer of funds to your bank
account and payment through cheque. While it is unlikely, there could be negative deposit in your
Account due to reasons such as charges debit, inadvertently processing buy orders exceeding the
business deposit, technical issue etcetera. In such a case, you would promptly transfer funds to your
Platform Account to the extent of the negative balance. If payment is not received within a
reasonable time, your Account may be closed, without prior notification. In such an event, you will be
liable for any resulting losses and all associated costs incurred by Augmont.

PLACEMENT OF ORDERS

The market prices of bullion shown on the Platform would be an invitation to offer to all eligible
Account holders. An order legitimately placed by an eligible Account holder would constitute an offer
for purchase or sale of the Gold or Silver, as the case may be. Augmont may accept or reject such an
offer, at its discretion. Though orders would usually be attended to within seconds, certain orders, at
Augmont's discretion, may be subject to manual review and entry, which may cause delays in the
processing of your orders. You also accept that you will receive the price at which your order executes
in our systems, which may be different from the price at which Gold or Silver is trading at when you
enter your order into our system. You acknowledge that you cannot modify an order once placed and
that orders may get executed at a price significantly unfavorable to you, depending upon market
fluctuations.

BUYING / SELLING

The common parameters with respect to buying / selling are as follows:

• Buy / Sell Price Spreads: The Platform will continuously provide buy / sell prices for the gold /
silver on the platform. The buy / sell prices and the spread between them could change on
the basis of various factors including price volatility, supply factors, external market
conditions, etc.
• Price Quote Requests: Registered Members could request market price quotes for gold /
silver they wish to buy / sell in, and could buy and sell at the quoted price by placing orders.
Currently this facility is not available.
• An order which does not confirm to the specifications laid down by Augmont and the
Platform shall be considered as void.
• Quantity of Gold / Silver earned through any promotional offers on Augmont app is non-
saleable. However, a customer can request a physical delivery of this Gold / Silver by paying
nominal making and delivery charges.
• Cashback or amount received through any promotional offers on Augmont app cannot be
withdrawn. However, this can be used to purchase Gold / Silver or to request physical delivery
of Gold / Silver on the Augmont app.

BUYING / SELLING FUNCTIONS

Following functions can be performed by the Registered member:

• Buy: A Registered member can buy gold and silver in any quantity in grams upto four
decimals. There is no upper limit on purchase quantity. The customer shall pay the amount
using a payment gateway immediately at the time of buying the gold/silver. Upon successful
execution of buying, the purchased Bullion will reflect in the Registered Member’s Platform
Account. The Registered Member can also utilize his/her business deposit for the buying of
Golf and Silver. On execution of every buy order, Augmont / the Platform will purchase
corresponding quantity of physical Bullion (as the case may be) and deliver it to the custodian
who stores their bullion in the designated secured vaults.
• Hold: The Bullion purchased by a Registered Member can be stored with the custodian in a
designated vault.

SELL

The gold and silver held by a Registered Member can be sold back to Augmont in any quantity in
grams upto four decimals. Registered member can sell only the bullion which is lying in the vault on
his/her behalf. Upon successful execution of sale, the sold quantity of Bullion will be deducted from
the Registered Member’s Platform Account and the appropriate amount of funds will be added to
her/his Account. The gold or silver bought cannot be sold within 48 hours from the time of buying.

TAXES, BROKERAGE AND OTHER CHARGES

No brokerage will be charged to Registered Members for any buy and sell done by them. For each
buy and sell conducted by a Registered Member, an e-invoice will be generated in the name of the
Member. All taxes, duties, levies etcetera, as applicable, will be borne by the concerned Registered
Member. Augmont shall not be responsible for such statutory taxes.

AGENTS

In order to ensure smooth and efficient operations, Augmont may appoint one or more agents
(including a Commission agent) on your behalf, from time to time. If required, you agree to ratify such
appointment(s) retrospectively. All agents shall have the right to terminate their appointment at any
time, without prior notice to you.The Commission agent appointed by Augmont on your behalf shall
be appointed for a limited purpose of representing you and acting on your behalf - to take
deliveries/constructive deliveries, make and receive payments for trades done by you on the Platform.
Your acceptance of these Terms and Conditions of Access and Use shall form consideration for
appointment of the Commission Agent. All payments from and to you shall be appropriated through
the Commission agent as and when required. Notwithstanding the above mechanism, all statutory
liability (including GST and other applicable taxes) shall always be to your account, and you shall
indemnify the Commission Agent for any losses suffered for acting as your agent.

REQUEST DELIVERY (IF APPLICABLE)

The Platform offers services for users who wish to request for the delivery of the gold and silver bought
by the users and lying in the vaults. The Platform displays the articles that are available for delivery
along with the making and delivery charges for each article. Some items may appear slightly larger
or smaller than actual size due to screen defaults and photography techniques. Sometimes the items
may be represented larger than the actual size in order to clearly show details or smaller than the
actual size in order to show the entire item. The Company shall not be liable for any legal action on
this account. All the details regarding the product shall be clearly displayed on the Platform. This
facility shall be available to all registered users of the Platform. Any registered user who wishes to
request delivery of the gold and silver from the Platform can choose from the selection of Jewellery
and Coins and Bars available on the Platform and add the item to the shopping cart. Product
infrequently, data may be inaccurately displayed on the Platform due to system errors. Augmont
reserves the right to correct any and all errors when they do occur and Augmont shall not honour
inaccurate or erroneous prices. The delivery charges on the Platform are also subject to change
without notice. For any order the delivery charges on the day the order is confirmed prevails. The
delivery charges of the products listed on the Platform are fixed and not negotiable. Delivery shall be
made by the Company / courier agent at your doorstep. All items shall be delivered directly to such
person and under any circumstances whatsoever, the Member cannot change the recipient details
after the order is processed. The Member has the option to change the shipping address, before the
product is actually shipped. In the event the Member wishes to change the shipping address, he / she
has to log-in to his / her user account on the Platform and click on the "Change Shipping Address"
button next to the shipping address and change the address or can request the helpdesk via email.
However the Shipping Address cannot be changed once the order is processed. Recipient accepting
delivery should carefully examine the package delivered and shall not accept deliveries where the
packaging has been tampered with. The recipient receiving the delivery also has the option to open
the package and check its contents prior to accepting the delivery or signing the delivery receipt.
They shall not accept deliveries, where they find that the box is empty or the contents are damaged
or the contents are not in accordance to the order placed. The recipient, upon signing the delivery
receipt, acknowledges the receipt of the product in terms of the order placed with the Company. The
Company is not liable to the Customer / recipient for any refund / replacement, under any
circumstance, for any subsequent complaints with respect to such deliveries. If the recipient is not
available at the time of delivery, the Company / courier agent shall try and deliver the item thrice
before returning the same to Augmont. All costs for re-shipment and handling in the case of non-
delivery to the Customer shall be chargeable to the Customer. Return & Replacement Policy. In the
event you receive a damaged / defective article or an article that does not comply with the
specifications as per your original order, you are required to get in touch with the customer service
team within 3 business days from the date of receipt of such delivery.Upon receiving your complaint,
Augmont shall verify the authenticity and the nature of the complaint. If Augmont is convinced that
the complaint is genuine, Augmont shall provide a free replacement subject to the Product being
sealed and is returned in the same tamper proof blister packaging in which it was delivered to the
Customer. However, in the event of frivolous and unjustified complaints regarding the quality and
content of the products, Augmont reserves the right to pursue necessary legal actions against you
and you will be solely liable for all costs incurred by Augmont in this regard.Before accepting
shipment of any product, kindly ensure that the product’s packaging is not damaged or tampered. If
you observe that the package is damaged or tampered, request you to refuse to accept delivery and
inform Augmont at the earliest. The return process of the product may be restricted by Augmont
depending on the nature and category of the product.Refunds. Any refunds due by Augmont to the
user for non-availability of articles shall be credited to the registered user’s business deposits balance
with Augmont.

TRANSFER THROUGH SUCCESSION

Any gold / silver lying in vault and the business deposit is non-transferrable unless specifically allowed
by Augmont. However, in case of death or insanity, Augmont shall transfer such gold / silver, and
advance balance to your legal heir(s) after the required due diligence and your legal heir(s) shall be
regarded as the Registered User thereafter.

SYSTEMATIC INVESTMENT PLAN (IF APPLICABLE)

• Systematic Investment Plan (henceforth referred to as “SIP") is a disciplined accumulation of


Gold/Silver. The SIP enables the member to buy gold and silver of a certain fixed amount
every month and accumulate Gold/Silver at periodic intervals at a “Configured Price”.
• The Configured Price for SIP shall be calculated by the Platform on every Business Day and
shall be displayed on the Platform before 1 pm which shall be final and binding for everyone.
A Business Day means any day other than Sunday or a day declared as holiday under the
Negotiable Instruments Act, 1881 or a day on which normal business could not be transacted
due to storms, floods, strikes, riots or any other events as Augmont may specify from time to
time.
• To start the SIP, the member needs to log in to his/her account, click on the SIP link and fill in
a simple form specifying the choices and submit. After successfully submitting SIP
application, the member will get a confirmation sms/email.
• The member can start their SIP with the minimum amount of ₹ 1000 per month and can
invest in multiples of ₹ 1000 thereafter.
• The member gets an option to buy additional quantities of gold and silver in the existing SIP
and the said quantity shall be added to the SIP quantity for the tenure. The member can
choose the duration of this SIP which can range from 1 year to 10 years.
• The member gets an option to choose the SIP date cycle from the four options viz.
5th/12th/19th/26th of every month. e.g. If the member submits the SIP application on 7th
October and selects the SIP cycle date as 12th of each month, then the SIP will initiate on 12th
October. However, if they choose the SIP cycle date as 5th of each month, then the SIP start
date will be 5th November.
• One cannot change the amount of SIP, duration and cycle date once the request is
submitted. In order to change one has to terminate the existing SIP and register for a new
one. There are no charges currently for doing the same.
• The frequency of buying is once per month. So, if the member chooses the SIP amount to be
₹ 1000 per month in SIP, ₹ 1000 is utilized for purchasing the Gold/Silver.
The Registered Member can request for termination of his existing SIP by contacting the customer
help desk. SIP will be terminated only upon the completion of the current SIP cycle month. e.g. If the
member has selected 5th of every month as his SIP cycle date and his SIP is active, and the member
decides to exit the SIP on 10th of the month, the cycle will continue till 4th of next month and then
terminate. At the end of SIP tenure or on SIP termination, the member may sell the gold and silver at
the market price displayed on the Platform. Alternatively, the member can request for termination of
his account with us in which case the gold and silver shall get sold at the market rate and the
proceeds shall be remitted to the member's bank account.

• You may not sell Gold / Silver under SIP but you can request the delivery of the gold and silver
accumulated during the tenure of the SIP. Alternately you may sell the gold and silver under
the SIP at the end of the tenure.
• In case you miss your monthly SIP instalment, you will be given a grace period of 60 days.
Within the grace period, if you do not transfer sufficient funds in your account, then your SIP
may be treated as ’defaulted’ and your SIP may be irreversibly terminated.
• The SIP is neither a financial product nor a deposit scheme but a disciplined method of
accumulating Gold/Silver. Augmont offers no investment advice or any assured returns while
promoting the SIP.

TERMS AND CONDITIONS FOR EMI (IF APPLICABLE)

• The Scheme is unique and shall not be linked to any other existing or future Schemes/Offers
and is not transferable under any circumstances.
• The product purchased and the specifications mentioned upon Order Confirmation cannot
be changed during the tenure of the scheme and the Customer shall make the payments as
per the payment schedule provided during Order confirmation.
• The money paid as booking amount under the Scheme shall not bear any interest.
• Augmont shall issue a system generated Proforma Invoice to the customer at the time of
Order Confirmation, a Payment Receipt upon payment of every EMI and Final Tax Invoice at
the time of Delivery of the Product. The product shall be delivered at the delivery location
provided by Customer within 14 working days of receiving the full payment from the
Customer.
• The Customer may be provided a grace period of 5 days every month beyond his/her
respective payment due date. In case the customer fails to make payment beyond such grace
period, then Augmont at its sole discretion may cancel the order as per the terms explained
below.
• When a Customer cancels the Purchase Order before the payment of last EMI or where
Augmont cancels the Purchase Order of the Customer pursuant to above, Augmont shall be
entitled to deduct such charges in the following manner from the amount paid by the
Customer towards the Purchase of the Product:

a. The cancellation charges for each product shall be updated by Augmont on a daily basis
for facilitating cancellation. b. If the cancellation charges as on the date and time of
cancellation is higher/lower than the Order Value, then the difference between the order
value and the cancellation rate as on the date of cancellation plus an amount equivalent to
2.36% of the order value shall be deducted from the payments made by the customer and
balance shall be refunded to the customer’s bank account only.

• Any changes in GST or any other government taxes shall be collected from the customer at
the time of delivery/closure.
• In the unfortunate event of death of the customer, the product shall be handed over to the
legal heir of the Customer after due verification.
• Augmont reserves the right to alter the terms and conditions without intimation to the
customer and the customer shall abide with such alterations. In case of any dispute, the
courts of Mumbai shall have exclusive jurisdiction to resolve such disputes.
• Order fulfilment by Augmont is subject to the realization of the total Purchase Price from the
Customer.
• The Customer is advised that proper KYC is updated at the time of purchasing the Product
to enable Augmont to identify the Bona fide Customer. In any case the Customer will be
prompted to provide their PAN details once the Customer’s Purchase Order reaches a certain
threshold limit.
• Augmont reserves the right to stop facilitating the Scheme on Platform at its sole discretion.
All Orders previously placed shall stand active and shall be fulfilled by Augmont.
• Augmont does not charge any processing fee for the purpose of facilitating the Scheme for
its Customers
• The photographs and impressions displayed on the platform are for reference only and are
not to scale. The size, colour, finish, lustre, and other visual parameters of the actual product
may differ to an extent from the photographs and impressions displayed on the Platform.
The Products shall be considered to have a defect in quality if they have an inherent material
or manufacturing defect. Minor deviations from the image shown on the Platform shall not
qualify as a defect. Augmont shall not be liable for any action on this account.
• Augmont or Platform shall not be responsible for any unauthorized use of credit or debit card
for making any transaction and shall have no liability either to the true holder of any credit or
debit card or to the concerned bank for any unauthorized / fraudulent use of payment
instruments. In no event Augmont shall be held liable to the true holder of any credit or debit
card or to the concerned bank for processing and fulfilling its obligation upon realization of
entire Purchase Price towards such fraudulent transaction.
• Augmont will communicate with the Customer by email or other electronic methods which
will be deemed as adequate means for service of notice or communication.
• All transactions on the Platform and use of services of Augmont shall be subject to true, fair
and accurate disclosure of information by the Customer as may be called for.
• The recipient of the Products is obliged to produce identity proof and/or address proof or
such other documents to verify and establish as being bona fide Purchaser/ Recipient at the
time of delivery to ensure safe delivery of the Products purchased.

Delivery (If Applicable)

• Delivery shall be made by the Company / courier agent at your doorstep. All items shall be
delivered directly to such person and under any circumstances whatsoever, the Member
cannot change the recipient details after the order is processed. The Member has the option
to change the shipping address, before the product is actually shipped. In the event the
Member wishes to change the shipping address, he / she has to log-in to his / her user
account on the Platform and click on the "Change Shipping Address" button next to the
shipping address and change the address or can request the helpdesk via email. However,
the Shipping Address cannot be changed once the order is processed.
• Recipient accepting delivery should carefully examine the package delivered and shall not
accept deliveries where the packaging has been tampered with. The recipient receiving the
delivery also has the option to open the package and check its contents prior to accepting
the delivery or signing the delivery receipt. They shall not accept deliveries, where they find
that the box is empty or the contents are damaged or the contents are not in accordance to
the order placed.
• The recipient, upon signing the delivery receipt, acknowledges the receipt of the product in
terms of the order placed with the Company. The Company is not liable to the Customer /
recipient for any refund / replacement, under any circumstance, for any subsequent
complaints with respect to such deliveries.
• If the recipient is not available at the time of delivery, the Company / courier agent shall try
and deliver the item thrice before returning the same to Augmont. All costs for re-shipment
and handling in the case of non-delivery to the Customer shall be chargeable to the
Customer.

Return & Replacement Policy

• In the event you receive a damaged / defective article or an article that does not comply with
the specifications as per your original order, you are required to get in touch with the
customer service team within 3 business days from the date of receipt of such delivery.
• Upon receiving your complaint, Augmont shall verify the authenticity and the nature of the
complaint. If Augmont is convinced that the complaint is genuine, Augmont shall provide a
free replacement subject to the Product being sealed and is returned in the same tamper
proof blister packaging in which it was delivered to the Customer. However, in the event of
frivolous and unjustified complaints regarding the quality and content of the products,
Augmont reserves the right to pursue necessary legal actions against you and you will be
solely liable for all costs incurred by Augmont in this regard.
• Before accepting shipment of any product, kindly ensure that the product’s packaging is not
damaged or tampered. If you observe that the package is damaged or tampered, request
you to refuse to accept delivery and inform Augmont at the earliest. The return process of the
product may be restricted by Augmont depending on the nature and category of the
product.

Refunds

• Any refunds due by Augmont to the user for non-availability of articles shall be credited to
the registered user’s business deposits balance with Augmont.

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