General Condition of UseWelcome to www.bullionindia.in ("this Website"), a website owned and operated by Finkurve Bullion Private Limited.
We, Finkurve Bullion Private Limited and/or our designated affiliates (jointly "Finkurve") provide website 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 this Website 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 Finkurve 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.
Finkurve 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 this Website 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 this Website 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 Finkurve and of this Website, as available on this Website. Finkurve may revise these Business Rules from time to time and at any time, without notice to you.
All content included on this Website such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Finkurve or its content suppliers and is protected by international copyright laws. All software used on this site is the property of Finkurve or its software suppliers, and is protected by international copyright laws. The content of this Website cannot be copied, reproduced, republished, uploaded, posted, transmitted or distributed for any non-personal use without the prior written approval of Finkurve.
Graphics, logos, page headers, button icons, scripts, and service names contained in or features on this Website are trademarks, or trade dress of Finkurve. Finkurve'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 Finkurve and its products and services. All trademarks not owned by Finkurve 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 Finkurve.
DISCLAIMER OF WARRANTIES
This Website and all information, content, materials, products (including software) and services included on or otherwise made available to you through this Website are provided by Finkurve on an "as is" and "as available" basis, unless otherwise specified in writing. Finkurve 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, Finkurve disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Finkurve 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 Finkurve are free of viruses or other harmful components. Finkurve 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.
Any dispute or claim relating in any way to your visit to this Website or to products or services sold or distributed by Finkurve or through this Website 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 this Website. The arbitration will be conducted in Mumbai by an independent arbitrator appointed by Finkurve. 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.
When you visit this Website 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 this Website. 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.
You shall procure and maintain all communication and other equipment necessary to access this Website 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 this Website.
FINANCIAL TRANSACTIONS AND TAXES
If you wish to make any financial transactions on this Website, including paying for products or services, you may be asked for credit card or other 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 this Website, 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.
You agree to indemnify, defend and hold Finkurve harmless from all claims, damages and expenses (including attorney's fees) made by any third party arising out of your content, your use of this Website, your connection to this Website, 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 website.
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 this Website 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
Finkurve 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 Finkurve. 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 Finkurve. 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 Finkurve without its express written consent. You may not use any meta tags or any other "hidden text" utilizing Finkurve's name or trademarks without the express written consent of Finkurve. Any unauthorized use terminates the permission or license granted by Finkurve. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to this Website so long as the link does not portray Finkurve, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Finkurve 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 this Website is at your sole risk. While we will take all reasonable precautions to ensure uninterrupted and error-free operations, your access and use of this Website 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 Finkurve 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 this Website,
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 Finkurve has been advised of the possibility of damages.
For your convenience, this Website may provide links to the sites of affiliated companies and certain other businesses, which may not be in our control. You acknowledge that Finkurve 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 websites. Finkurve 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.
One or more patents owned by Finkurve may apply to this site and to the features and services accessible via the site. Portions of this site may operate under license of one or more patents.
Except where noted otherwise, the prices displayed for products on this Website represents the value of the respective product. For certain transactions, you shall bear fees and charges in addition to payment for prices displayed on this Website. Such additional fees and charges shall be as are stated on the website. 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 Finkurve, 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.
This Website 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, Finkurve may require you to provide additional information and documents for meeting its Know-Your-Client guidelines. This Website does not collect personally identifiable information about you except when you specifically and knowingly provide it. Finkurve uses your personally identifiable information also to operate this Website and offer its services and to inform you of new features, services, and products from Finkurve.
Finkurve may carefully select other companies to send you information about their products or services which are related to this Website but are not necessary to its operation (an "Extended Service"). You would be provided the option to decline the Extended Service.
Finkurve 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 Finkurve; (ii) to protect and defend the rights or property (including intellectual property) of Finkurve and/or of this Website or (iii) to act under exigent circumstances (as Finkurve may, in its sole decision decide) to protect the personal safety of users of this Website, Finkurve, or the public.
This Website 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) by you through these features are at your sole risk, and Finkurve accepts no responsibility for the same.
Finkurve attempts to be as accurate as possible. However, Finkurve 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 Finkurve 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
Finkurve 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.
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 this Website, 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, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Finkurve 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 Finkurve 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 Finkurve 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 Finkurve for all claims resulting from content you supply. Finkurve has the right but not the obligation to monitor and edit or remove any activity or content. Finkurve 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 this Website. 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.
Finkurve reserves the right to discontinue, in whole or in part, any portion of this Website 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 Finkurve for any unauthorized access or use by you; (b) immediately by Finkurve 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 Finkurve may be entitled at law or in equity. Upon termination of this User Agreement, all rights granted to you will terminate and return to Finkurve.
VOID WHERE PROHIBITED
Although this Website is accessible worldwide, not all products or services discussed or referenced on this Website are available to all persons or in all geographic locations or jurisdictions. This Website 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 this Website is void where prohibited.
If you use this site, 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. Finkurve does not offer services or sell products to parties under the age of 18 years. Finkurve reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders and instructions at its sole discretion.
You may use this Website only if you are an Indian citizen, residing in India, and are eligible to enter into contracts under Indian law. Minors, non-Indian citizens and non-resident Indians cannot participate on this Website at present.
YOUR REGISTRATION OBLIGATIONS
In consideration of your use of this Website, you agree to:
Provide true, accurate, current and complete information about yourself as prompted by the registration form required by this Website (such information being the "Registration Data"), and
Maintain and promptly update the Registration Data to keep it true, accurate, current and complete.
In addition, we require that 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 Finkurve to obtain reports concerning your credit standing and business conduct.
If your application is approved, Finkurve will open an account ("Account") for you. We reserve the absolute right to either accept or reject your application on any grounds whatsoever, and you agree that you shall not dispute the result in any manner whatsoever.
Notwithstanding the foregoing, we may provide you with access to some parts of this Website 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 Finkurve has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Finkurve has the right to suspend or terminate your account and refuse any and all current or future use of this Website (or any portion thereof) without any liability to you.
Upon completing the registration process with this Website, you will receive a password and account designation. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Finkurve 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 Finkurve, in its sole discretion, may terminate your password, Account or your use of this Website. Finkurve may terminate your Account and remove any content within this Website for any reason, including, without limitation, if Finkurve, 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. Finkurve may also, in its sole discretion and at any time, discontinue this Website, or any part thereof, without notice. You may also request Finkurve 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 this Website under any provision of these Terms and Conditions of Access and Use may be effected without prior notice, and acknowledge and agree that Finkurve 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 this Website. Further, you agree that Finkurve shall not be liable to you or any third-party for any termination of your access to the Service. However, on such termination, Finkurve 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 part of accumulation under the SIP and return the net amount of money standing to the credit of your Account
Finkurve may publish research and opinions on this Website, for your information. You may not rely on any such information for forming your investment decisions. You acknowledge that Finkurve or this Website 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.
Through this Website, Finkurve shall facilitate buy and sell of Gold and Silver (Bullion). All such buy and sell transactions are final and non-reversible.
Finkurve 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 this Website, subject to policies framed in this regard by Finkurve. Bullion can only be purchased against advance balance available in your website Account. Finkurve shall issue an invoice with Bullion (as the case may be) purchased by you.The Bullion purchased will be delivered and stored with a custodian in a vault on your behalf. The cost of insurance of Bullion will be borne by Finkurve.
You shall have the option to (a) sell gold / silver from your website account back to Finkurve at the prices shown on this Website at the time of sale, or (b) use the gold/silver to shop for coins, bars, jewelery online from us or offline from any jeweler across India who is empanled with us. The list of empaneled jewelers shall be displayed on our website in a separate webpage which shall be available for public access.
Bullion cannot be pledged or transferred to any other user.
In order to start buying on this Website, you are required to maintain an advance balance in your website account. Your deposit of a certain amount is added to your website account as an advance balance. You can deposit advance in your Account by using Internet banking, electronic transfer, cheque, demand draft and debit card. Advance will be credited in your Account after the funds are cleared.
When you buy gold / silver through your Account on this Website, the amount of the purchase will be deducted from the advance balance in your Account. Similarly, when you sell gold / silver from your Account on this Website, the amount of the transaction will be added to the balance in your Account. No interest would be payable on the advance deposited / maintained by you in the Account or with Finkurve. You may withdraw a part or the entire cash balance in your Account upon request to Finkurve. The withdrawal may be effectuated by such means as Finkurve 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 balance in your Account due to reasons such as charges debit, inadvertently processing buy orders without advance balance, etcetera. In such a case, you would promptly transfer funds to your website 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 Finkurve.
PLACEMENT OF ORDERS
The market prices of bullion shown on this Website 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. Finkurve may accept or reject such an offer, at its discretion.
Though orders would usually be attended to within seconds, certain orders, at Finkurve'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.
In order to ensure smooth and efficient operations, Finkurve 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 Finkurve 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 this Website. 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 VAT, State sale tax 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.
This Website offers services for users who wish to purchase coins, bars and jewellery for personal consumption. The Website 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. 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 website.
The Shop facility shall be available to all registered users of the website. Guest users can also shop by providing the necessary details on the completion of purchase. Any Member who wishes to shop an item from the Website can choose from the selection of Jewellery available on the Website and add the item to the shopping cart.
Infrequently, data may be inaccurately displayed on the Website due to system errors. Finkurve reserves the right to correct any and all errors when they do occur and Finkurve shall not honour inaccurate or erroneous prices. The prices on the Website are also subject to change without notice. For any order the price is the prevailing price on the day the order is confirmed. The prices of the products listed on the Website are fixed and not negotiable.
The gold weight mentioned on the website for jewellery may vary upon manufacture of the product. In case, the customer receives a product of lesser gold weight than the value paid for, the Company will refund such differential amount to the Customer.
Usage of Gold/Silver to Shop
The Website shall also display the amount of Gold and Silver that you can use to shop for an article along with the price of the article. You can use only the Gold/Silver bought on the website to shop for articles. Finkurve shall buy back the Gold/Silver being used at a pre-determined price and allow the user to shop for the article against it. The balance amount payable, if any, shall be settled by the user on the website. Finkurve reserves the right to change the buy back price as it deems fit for this purpose based on market conditions.
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.
Upon receiving your complaint, Finkurve shall verify the authenticity and the nature of the complaint. If Finkurve is convinced that the complaint is genuine, Finkurve shall provide a free replacement. However, in the event of frivolous and unjustified complaints regarding the quality and content of the products, Finkurve reserves the right to pursue necessary legal actions against you and you will be solely liable for all costs incurred by Finkurve 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 Finkurve at the earliest. The return process of the product may be restricted by Finkurve depending on the nature and category of the product.
Any refunds due by Finkurve to the user for non-availability of articles shall be credited to the registered user’s advance account with Finkurve. In case of refunds due to guest users, it shall be made in the following manner:
Credit card: The credit card account of the Member will be re-credited with the refund amount by Finkurve. The refund amount will be credited to the Member's account within the time span stipulated by the bank which has issued the credit card; or
Cheque or wire transfer: The refund amount shall be deposited into the bank account of the Member by Finkurve within seven (7) business days after the receipt of request for refund by the Member; or
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 website and click on the "Change Shipping Address" button next to the shipping address and change the address. However the Shipping Address cannot be changed once the order is processed.
All shipping charges and other local charges shall be borne by the Company. 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 Finkurve. All costs for re-shipment and handling in the case of non-delivery to the Member shall be chargeable to the Member.
Usage of E-Gift Cards issues by Finkurve
Finkurve has the right to refuse the usage of any e-gift card issued by Finkurve at any point of time. E-Gift Cards which have expired cannot be used on the Website. Finkurve can at any time ask the user for the proof of having received the e-gift card.
You can also use the Gold and Silver bought from Finkurve to shop at any jeweler empaneled with us across India. The list of empanled jewelers shall be displayed on the Website. Infrequently, data may be inaccurately displayed on the Website due to system errors. Finkurve reserves the right to correct any and all errors when they do occur.
Usage of Gold/Silver to Shop Offline
You can use only the Gold/Silver bought on the website to shop for articles at any empaneled jeweler. Finkurve shall buy back the Gold/Silver being used at a pre-determined price and allow the user to shop for the article against it from the empaneled jeweler. The amount of Gold/Silver bought back is sold to the jeweler and the balance amount payable, if any, shall be settled by the user with the empaneled jeweler directly. Finkurve reserves the right to change the buy back price as it deems fit for this
Finkurve is just an enabler of trade in such case and you shall shop from the emapanled jeweler subject to his/her terms and conditions. The actual contract for sale is directly between the empaneled jeweler you. Finkurve provides the services of listing the empaneled jewelers which is informational and it is up to you to follow it or not. Finkurve may help facilitate the resolution of disputes through various modes, but Finkurve has no control over the existence, quality, safety or legality of items sold by the emapanled jeweler. Finkurve shall not at any point of time during any transaction between the buyer and the empaneled jeweler, take the ownership of any of the goods offered by the empaneled jeweler nor does it at any point asserts any rights or claims over the goods or services offered by the emapneled jeweler to the user.
In using the online Market Place Service, you explicitly agree and acknowledge that:
Finkurve, through its network makes available a variety of branded products/ services offered by its emapneled jewelers. Purchase of such products will be subject to the terms of offer for sale and such other additional terms, if any, as specified by the empaneled jeweler.
Finkurve is not a warrantor of the products/ services being offered by empaneled jewelers. You understand that any issue or disputes regarding the warranty, guarantee, quality, and service will be addressed directly by the empaneled jeweler and you agree to handle such issues and disputes directly between you and the empaneled jeweler. You acknowledge that Finkurve gives no guarantee, either express or implied, regarding the Product bought by you from our emapneled jewelers.
The price of products offered by the empaneled jeweler will be decided by the empaneled jeweler. Finkurve may at its discretion offer marketing promotion benefits by way of gift coupons, cash back, free gifts etc. on all or some of the products of emapaneled jewelers from time to time. Finkurve is not liable for any manufacturing defect, faulty product received, warranty claims, after sales service for any of the products purchased from the empaneled jeweler. Finkurve will make best efforts to assist customers in issue resolution including refund or arranging replacement but it will not bear the risk from legal claims for any misrepresentation or selling of wrong product by the empaneled jeweler.
Finkurve may appoint Intermediaries and Distributors who shall assist us in distributing our products to you. Finkurve 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 this Website 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 this Website. 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.. Finkurve 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 Finkurve 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 Finkurve.
TRANSFER THROUGH SUCCESSION
Any gold / silver lying in vault, and advance balance is non transferrable unless specifically allowed by Finkurve. However in case of death or insanity, Finkurve 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.
In case of inability of Finkurve to make deliveries of coins, bars and jewelery bullion due to reasons beyond its control, Finkurve 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.