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Terms and Condition of Use

Please read the following terms and conditions before registering on, accessing or using the website www.bullionindia.in ("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 Finkurve Bullion Private Limited.

We, Finkurve Bullion Private Limited and/or our designated affiliates (jointly "Finkurve") 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 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 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 Finkurve and of the Platform, as available on the Platform. Finkurve may revise these Business Rules from time to time and at any time, without notice to you.

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 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 the Platform 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 the Platform 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
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 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.

DISPUTES
Any dispute or claim relating in any way to your visit to the Platform or to products or services sold or distributed by Finkurve 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 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.

ELECTRONIC COMMUNICATIONS
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.

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 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 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 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 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
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 the Platform 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 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 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 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 Finkurve 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 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 website. 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.

PATENTS
One or more patents owned by Finkurve 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 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.

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, Finkurve 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. Finkurve 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 Finkurve.

Finkurve 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.

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 the Platform or (iii) to act under exigent circumstances (as Finkurve may, in its sole decision decide) to protect the personal safety of users of the Platform, Finkurve, 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 Finkurve accepts no responsibility for the same.

PRODUCT DESCRIPTIONS
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 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, 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 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
Finkurve 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 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 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 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.

ACCOUNT

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. 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 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 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 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 the Platform (or any portion thereof) without any liability to you.

ACCOUNT SECURITY
Upon completing the registration process with the Platform, 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 the Platform. Finkurve may terminate your Account and remove any content within the Platform 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 the Platform, 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 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 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 the Platform. 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 parts and return the net amount of money standing to the credit of your Account

INVESTMENT DECISIONS
Finkurve 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 Finkurve 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.

OPERATIONS

OVERVIEW
Through the Platform, 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 the Platform, subject to policies framed in this regard by Finkurve.. Finkurve 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. The cost of insurance of Bullion will be borne by Finkurve.

You shall have the option to (a) sell gold / silver from your Platform account back to Finkurve 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. Bullion cannot be pledged or transferred to any other user.

BUSINESS DEPOSIT
You can transfer business deposit in your Account by using Internet banking, electronic transfer, cheque, demand draft and debit card. Business Deposit will be credited in your Account only after the funds are cleared.

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 will be added to the business deposit in your Account. No interest would be payable on the business deposits maintained by you in the Account or with Finkurve. You may withdraw a part or the entire business deposit 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 deposit in your Account due to reasons such as charges debit, inadvertently processing buy orders exceeding the business deposit, 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 Finkurve.

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. 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.

AGENTS
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 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
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 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. Finkurve reserves the right to correct any and all errors when they do occur and Finkurve 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
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. 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 Finkurve. 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.

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.

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

SHOP ONLINE
The Platform offers services for users who wish to purchase coins, bars and jewellery for personal consumption. The Platform displays the articles that are available for shopping. Some items may appear slightly larger or smaller than actual size due to screen defaults and photography techniques. 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.

The Shop facility shall be available to all registered users of the Platform. 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 Platform can choose from the selection of Jewellery 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. 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 Platform 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 Platform are fixed and not negotiable.

The gold weight mentioned on the Platform 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.

Delivery
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. 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 Finkurve. 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.

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.

Refunds
Any refunds due by Finkurve to the user for non-availability of articles shall be credited to the registered user’s business deposit 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

INTERMEDIARIES

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 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.. 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 business deposit 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.

FORCE MAJEURE
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.

 

Business Rules

INTRODUCTION
These rules are the business rules of the website www.bullionindia.in and the Augmont mobile application or any similar platform (hereinafter, “the Platform”), owned and operated by Finkurve Bullion Private Limited and/or its affiliates (jointly "Finkurve"). For the sake of brevity, these business rules are referred to as “Business Rules”. These Business Rules are to be read in conjunction with the other applicable provisions, articles, terms, conditions, stipulations and rules of Finkurve and the Platform. We, Finkurve, provide certain services and products to you, the user, subject to these Business Rules. Finkurve may revise these Business Rules from time to time and at any time, without notice to you.

The section titles in these Business Rules are for convenience only and have no legal effect.

OVERVIEW

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”).The Bullion can be bought and sold online using the Platform's buying / selling platform. You 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. Finkurve shall raise e-invoices for the Bullion sold.

Finkurve shall provide buy / sell rates of Bullion, Registered Members shall have the option to either sell the Bullion to Finkurve 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.

Business Days and Hours
The Platform shall facilitate buying and selling of Bullion on all days of the week 24/7. The customer service shall however be available only during business hours. In the event that the breakdown of the system or communication link is severe, the Platform will see some downtime and will be up and working after the problem is resolved.

Other operations such as transfer of business deposits, request delivery function, shop, change of registered address, registration of new SIP, etc can generally be conducted on any day and at any time throughout the year. The processing of these operations will however happen only during working days and hours.

ACCOUNT OPERATIONS
Finkurve and the Platform reserve the right to accept or reject a member’s application for membership, without providing any reason for its decision. All Registered Members shall be subject to and shall follow the rules which are made applicable by Finkurve and/or the Platform from time to time. The unique id provided to the member cannot be changed. In the interest of security and account integrity, each member should change her/his password periodically. In case a member forgets her/his password, the member may seek to retrieve the password through the ‘Forgot Password’ link provided on the Platform.

TRANSFER OF FUNDS
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 Finkurve and withdraw the same from the Platform Account as and when he/she requires.

By clicking on the ’Deposit Funds’ tab, you will be provided with various options for depositing advance money like Net Banking, Debit Card, RTGS, NEFT, ECS, 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 Bullion India 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 Finkurve . Surplus funds lying in an Platform Account of a Registered Member shall remain with Finkurve.. The Registered Member may place a request for withdrawal of a specific amount from the business deposit with Finkurve. Finkurve 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 Finkurve 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, Bullion India may deduct charges for generating such withdrawal request as per its own discretion.

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 Finkurve 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 on the app.

  • 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, Finkurve / 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 Finkurve 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.

SYSTEMATIC INVESTMENT PLAN

  • 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 Finkurve 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 Rs. 1000 per month and can invest in multiples of Rs.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 Rs 1000 per month in SIP, Rs. 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 installment, you will be given a grace period of 5 days. Within the grace period, if you do not transfer sufficient funds in your account, then your SIP will be treated as ’defaulted’ and your SIP will be irreversibly terminated.

  • The SIP is neither a financial product nor a deposit scheme but a disciplined method of accumulating Gold/Silver. Bullion India offers no investment advice or any assured returns while promoting the SIP.

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 Finkurve’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 Finkurve’s custody. Till such time that the receipt of Bullion is acknowledged as “received” by Finkurve, 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 Finkurve regarding the condition of the tamper-proof packing shall be final and conclusive;

  • While Finkurve shall try to replace a returned piece with a close substitute, Finkurve 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.

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. Finkurve shall not be responsible for such statutory taxes.

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 have a unique identification number provided by the Platform to log-on (gain access). 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 Finkurve and the Platform. The permission to use the Platform shall be subject to payment of such charges as Finkurve 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 Finkurve;

  • 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 .

Risk Management System
A Registered Member shall be allowed to operate upon compliance of all requirements of the Platform and of Finkurve, including availability of 100% advance funds for buying. Neither the Platform not Finkurve shall provide credit facility to a Registered Member.

CONTROL & REPORTING SYSTEMS
The Platform may, at the decision of Finkurve, cease operations in Bullion (Selected denominations of Gold and Silver as specified by the Platform) on the system for such 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 a operation cease, will be rejected by the Platform.

Details of transactions conducted by Registered Members would be updated with the back-office systems of Finkurve on a real time basis. Registered Members can access the reports of their transactions over the Platform. Finkurve 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.

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Last Updated on Dec 5, 2017