Please Read These Conditions Carefully Before Using The Spg Gold Ornaments Website. By Using The Spg Gold Ornaments Website, You Signify Your Agreement To Be Bound By These Conditions. In Addition, When You Use Any Current Or Future Spg Gold Ornaments Service (Eg. Wish List Or Marketplace) ("Spg Gold Ornaments Service"), You Will Also Be Subject To The Terms, Guidelines, And Conditions Applicable To That Spg Gold Ornaments Service. ("Terms"). If These Conditions Of Use Are Inconsistent With Such Terms, The Terms Will Control. These "Conditions Of Use" Constitute An Electronic Record Within The Meaning Of The Applicable Law. This Electronic Record Is Generated By A Computer System And Does Not Require Any Physical Or Digital Signatures
GOLD BOOKING AMOUNT
Gold Booking Amount Is Non Refundable.
At The Time Of Gold Purchase, Booking Amount Will Be Settled Against Billing
Gold Booking Amount Will Be Distributed On Per Gram Basis Based On Amount Of Gold Booked
Example: If 1 Gram Gold Is Booked And Booking Amount Paid Is Rs. 549, Then, Upon Delivery Of 1 Gram Gold, This Rs. 549 Will Be Settled Against Billing.
If 10 Gram Gold Is Booked And Booking Amount Paid Is Rs. 5490, Then, If Delivery Of 1 Gram Gold Requested, Then Only Rs. 549 Will Be Settled Against Billing. Remaining 9 Gram Gold Will Be Shown As Booked Along With 9 Gram Gold Booking Amount (5490-549 = 4941)
GOLD ADVANCE (R)
Once Gold Booking is Done, Whatever Amount Is Paid For Gold Purchase Either In Full Or Via Instalments; Gold Equivalent To That Amount Will Be Given To Customer. No Money Shall Be Returned Against The Amount Paid
KYC Is Compulsory To Receiver Pay Out From The Company. Accuracy Of Kyc Details Is Responsibility Of Customer; Company Isn’t Liable For Rejection Of Kyc Against Inaccurate Information Provided
Please Take Extra Care Whilst Selecting The Joining Package. Package Once Selected Can’t Be Altered/Downgraded. Only Upgrade Is Possible
Gold Rate Will Be Considered As Per Retail Selling Rate For 916 Bis Hallmark Ornaments.
Company will decide & will have the final say for Gold Rate and Labour Rate for the day
Payout will be done twice a week (Monday & Thursday)
In case Payout not done on a designated day due to any technical glitch in Bank/Company Server or any issues with Software, that Pay Out will be deposited on the next Pay Out day.
10% Admin charges and 5% TDS charges will be deducted before the amount gets deposited in the bank account
INSTANT REWARD INCOME
Based on Company market flow, Instant Reward Income amount will be increased or decreased.
Instant Reward Income will be paid only upon New Joining and not on Upgrades
At the time of Buy Gold, the Customer will first have to deposit the Gold Booking Amount. The rest of the amount will be payable at the time of Gold Delivery based on the actual weight of the ornament
Payment Proof is compulsory at the time of Gold Delivery request.
Till the time payment is not received in Company Account, Gold Delivery request will not be accepted
Within 10 working days of Gold Delivery accept customer will receive delivery of the ornaments.
In case of any extenuating circumstances such as Curfew, if the delivery of ornaments is delayed (more than 10 working days) then the company will ensure delivery of Customer ornaments at his/her doorstep
For The Purpose Of These Terms, Wherever The Context So Requires, The Term:
“Customer” Shall Mean Any Individual, Who As The Counterparty Transacts Using The Platform For Buying Gold (As Defined Below), Taking Delivery Of Gold And/or Selling Back The Gold To Spg Gold Ornaments Pvt. Ltd. Or Any Other Buyer As Outlined In These Terms.
“Gold” Shall Mean 22 Carat Gold Of 91.6% Purity Or Higher, Offered To The Customer By Spg Gold Ornaments Pvt. Ltd. Under The Brand Name “Spg gold”.
“Gold Account” Shall Mean The Account Created Whether By You Or Otherwise, In Accordance With These Terms.
“Gold Account Information” Shall Mean The Information Provided By You For The Purpose Of Creation Of The Gold Account.
“Customer Request” Shall Mean A Delivery Request, Sale Request Or Exchange Request Placed By You In Relation To The Customer Gold.
“Force Majeure Event” Shall Mean Any Event That Is Beyond The Reasonable Control Of The Spg Gold Ornaments Pvt. Ltd. And Shall Include, Without Limitation, Sabotage, Fire, Flood, Explosion, Act Of God, Civil Commotion, Strikes, Lockouts Or Industrial Action Of Any Kind, Riots, Insurrection, War, Acts Of Government, Computer Hacking, Civil Disturbances, Unauthorised Access To Computer Data And Storage Device, Computer Crashes, Virus Attacks, Breach Of Security And Encryption, And Any Other Similar Events Not Within The Control Of Spg Gold Ornaments Pvt. Ltd. And Which Spg Gold Ornaments Pvt. Ltd. Is Not Able To Overcome.
“Payment Instrument” Shall Mean Any Electronic Or Written Cheque, Draft, Money Order Or Other Electronic Or Written Instrument Or Order For The Transmission Or Payment Of Money, Whether Or Not The Instrument Is Negotiable.
“Person” Shall Mean An Individual, A Corporation, A Partnership, A Joint Venture, A Trust, An Unincorporated Organization And Any Other Legal Entity.
"Platform" Shall Mean, And Include, The Mobile Application And Website By The Name And Style Of “Www.Spggold999.Com”, That The Customer Accesses For The Transactions, Including All Contents, Services And Technology Offered Through The Platform.
“Transfer” Refers To A Facility To Transfer Gold From A Gold Account To Another Gold Account.
In Addition To The Terms Defined In Section 2.1, Additional Terms Used Herein Shall Have The Respective Meanings Assigned Thereto In The Relevant Sections Contained Hereinafter.
Terms And Conditions Of Services Being Provided By Spg Gold Ornaments Pvt. Ltd.
Spg Gold Ornaments Pvt Ltd, A Company Incorporated Under The Companies Act, 2013 With Its Registered Office At 511, 5th Floor, Snaket, Heights, Atladara, Vadodara 390012, ("Spg Gold Ornaments Pvt. Ltd. ") Will Be Selling Gold And Providing Services Of Safe Keeping/Vaulting And Delivery/Fulfilment Of Gold And Related Services Thereto To The Customers, On Or Through The Platform (“Services”).
The Gold Is Being Offered For Purchase And/or Sale By Spg Gold Ornaments Pvt. Ltd. Under Its Brand Name “Spg gold”. The Services Are Being Provided By Spg Gold Ornaments Pvt. Ltd. , However Spg Gold Ornaments Pvt. Ltd. May Utilise Any External Payment Gateway Service (“Pg Service”) For Facilitating The Collection Of Payments For The Services On Its Platform. The Pg Service Provider Assumes No Liability For The Services Except For Providing Payment Services And Customer Support In Addressing The Queries Related To Payments Made. Any And All Of The Transactions Relating To The Services Are Being Rendered By Spg Gold Ornaments Pvt. Ltd. In Association With The Intermediaries (Namely The Security Trustee And Vault Keeper) With Whom Separate Agreements Have Been Entered Into By Spg Gold Ornaments Pvt. Ltd. .
The Customers Are Advised To Read And Understand These Terms Carefully Before Using The Services.
The Services By Spg Gold Ornaments Pvt. Ltd. Shall Be Provided For A Term Commencing From The Date Of Creation Of The Gold Account.
You Understand And Acknowledge That The Services Are Being Provided And Made Available On An “As Is” And “As Available” Basis. The Platform May Contain Errors Or Inaccuracies That Could Cause Failures, Corruption Or Loss Of Data And/or Information From Your Device And/or Any Device Used By You To Connect To The Platform As Well As From Peripherals (Including, Without Limitation, Servers And Computers) Connected To Any Of The Above-Mentioned Devices. You Assume All Risks And Costs Associated With Your Use Of The Services And The Platform, Including Without Limitation, Any Costs Incurred For The Use Of Your Device And Any Damage To Any Equipment, Software Or Data.
You Confirm That You Are Not Registered Under The Goods And Services Tax Act, 2017 And That If, In The Course Of Your Relationship With Spg Gold Ornaments Pvt. Ltd. , You Become Registered Under The Goods And Services Tax Act, 2017, You Shall Inform Spg Gold Ornaments Pvt. Ltd. Of Your Change In Status Immediately, And Provide Any Relevant Information And Documents, As May Be Requested.
1. Storage Of Gold
You Are Required To Take Delivery Of Your Customer Gold Within Such Maximum Period As Shall Be Specified For This Purpose By Spg Gold Ornaments Pvt. Ltd. From Time To Time On The Platform (“1 Year”). For The Purposes Of Making Delivery To You, You Are Required To Provide A Valid Address And/or Any Other Documents/Information/ Biometric Identification That May Be Specified In This Regard By Spg Gold Ornaments Pvt. Ltd. From Time To Time. You May Provide Such Address At Any Time During The Maximum Storage Period. In The Event That No Valid Address Has Been Provided By You During The Maximum Storage Period, Then Spg Gold Ornaments Pvt. Ltd. Shall, For A Period 1 Year Commencing From The Date Of Expiry Of Maximum Storage Period (Such Period Being The “Grace Period”), Attempt At Least Once To Contact You Using The Contact Information Provided By You To Obtain Either (I) An Address To Which You Would Require The Gold In Question To Be Delivered Or (Ii) Your Bank Account Details Into Which Sale Proceeds Of The Customer Gold Shall Be Deposited. In The Event That Spg Gold Ornaments Pvt. Ltd. Has Not Been Able To Contact You During The Applicable Grace Period Using The Contact Information Provided By You Or Where You Shall During The Grace Period Either Fail To:
(A) Take Delivery Of The Gold In Question For Any Reason Whosoever (Including Where You Shall Not Have Provided Any Address To Take Delivery Of Such Gold); Or
(B) Provide The Details For A Valid Bank Account Into Which The Proceeds Of Any Sale Of Such Customer Gold Is To Be Deposited;
Then Upon Expiry Of The Applicable Grace Period For The Customer Gold In Question, Spg Gold Ornaments Pvt. Ltd. Shall Purchase Such Customer Gold With The Purchase Price Being The Applicable Prevailing Price Displayed On The Platform For Purchase Of Gold From Customers. The Purchase Proceeds Realized From Such Sale (“Final Sale Proceeds”) After Deducting Any Amounts Payable To Spg Gold Ornaments Pvt. Ltd. As Storage Charges For Storage Of Such Gold After The Free Storage Period, Shall Be Deposited Into A Bank Account Operated By The Security Trustee Who Shall Be The Sole Signatory To Such Bank Account. In The Event That You Shall During A Period Of 3 Years Commencing From The Date Of Expiry Of The Applicable Grace Period (Such Period Being The “Final Claim Period”) Notify Either Spg Gold Ornaments Pvt. Ltd. Or The Security Trustee That You Are Claiming The Applicable Final Sale Proceeds, The Security Trustee Shall Issue Suitable Instructions To Transfer The Final Sale Proceeds To Such Bank Account As You Shall Notify For This Purpose. Please Note That To Claim The Final Sale Proceeds You Will Be Required To Provide Details Of A Valid Bank Account And That The Final Sale Proceeds Will Not Be Transferred In The Absence Of Such Details. At No Time Will The Final Sale Proceeds Be Paid To You In Cash. In The Event That You Shall Not Claim Your Final Sale Proceeds Within The Final Claim Period, Then The Final Sale Proceeds Shall Be Transferred To The Prime Minister’s Relief Fund Or Such Other Fund As You May Designate For This Purpose At Any Time Prior To The Expiry Of The Grace Period.
2. Force Majeure
If Performance Under These Terms Is Prevented, Restricted, Delayed Or Interfered With By Reason Of Labour Disputes, Strikes, Acts Of God, Floods, Lightning, Severe Weather, Shortages Of Materials, Rationing, Inducement Of Any Virus, Trojan Or Other Disruptive Mechanisms, Any Event Of Hacking Or Illegal Usage Of The Platform, Utility Or Communication Failures, Earthquakes, War, Revolution, Acts Of Terrorism, Civil Commotion, Acts Of Public Enemies, Blockade, Embargo Or Any Law, Order, Proclamation, Regulation, Ordinance, Demand Or Requirement Having Legal Effect Of Any Government Or Any Judicial Authority Or Representative Of Any Such Government, Or Failure Of Any Device Used To Access The Platform, Or Any Other Act Whatsoever, Whether Similar Or Dissimilar To Those Referred To In This Section, Which Are Beyond The Reasonable Control Of Spg Gold Ornaments Pvt. Ltd. And Could Not Have Been Prevented By Reasonable Precautions Then Spg Gold Ornaments Pvt. Ltd. Shall Be Discharged From Such Performance To The Extent Of And During The Period Of Such Force Majeure Event. Such Non-Performance By Spg Gold Ornaments Pvt. Ltd. Shall, In No Manner Whosoever, Amount To A Breach Of Its Obligations Herein.
3. Termination Of Services By Spg Gold Ornaments Pvt. Ltd.
These Terms Shall Further Stand Terminated:
If Spg Gold Ornaments Pvt. Ltd. Is Adjudged Bankrupt Or Declared Insolvent;
If Spg Gold Ornaments Pvt. Ltd. Ceases To Carry On Its Business Or Has Communicated To The Security Trustee Any Intention To Cease To Carry On Its Business;
If Spg Gold Ornaments Pvt. Ltd. Breaches Any Of The Terms And Conditions Under The Security Trustee Agreements Or Terms And Spg Gold Ornaments Pvt. Ltd. Does Not Remedy Such Breach Within 60 (Sixty) Days Of Being Called Upon To Do So By The Security Trustee;
Upon Any Corporate Action (Excluding Any Third Party Corporate Action), Legal Proceedings Or Other Procedures Or Steps Being Taken In Relation To The Suspension Of Payments, Winding Up, Dissolution, Administration, Provisional Supervision Or Reorganization Or Restructuring (By Way Of Voluntary Arrangement, Scheme Of Arrangement Or Otherwise) Of Spg Gold Ornaments Pvt. Ltd. ;
Upon Spg Gold Ornaments Pvt. Ltd. Commencing A Voluntary Proceeding Under Any Applicable Bankruptcy, Insolvency, Winding Up Or Other Similar Applicable Law Now Or Hereafter In Effect, Or Consenting To The Entry Of An Order For Relief In An Involuntary Proceeding Under Any Such Applicable Law, Or Consenting To The Appointment Or Taking Possession By A Receiver, Liquidator, Assignee (Or Similar Official) For The Whole Or A Substantial Part Of Its Property Or Takes Any Action Towards Its Re-Organization, Liquidation Or Dissolution;
Upon An Order Being Made For The Winding Up, Bankruptcy Or Dissolution Of Spg Gold Ornaments Pvt. Ltd. , Or An Application Is Admitted For Initiating Any Corporate Insolvency Resolution Process Against Spg Gold Ornaments Pvt. Ltd. In Accordance With Applicable Law;
Upon Any Encumbrance Lawfully Taking Possession, Or A Liquidator, Judicial Custodian, Receiver, Administrative Receiver Or Trustee Or Any Analogous Officer Having Been Appointed In Respect Of The Whole Or A Substantial Part Of The Property Of Spg Gold Ornaments Pvt. Ltd. , Or An Attachment, Sequestration, Distress Or Execution (Or Analogous Process) Being Levied Or Enforced Upon Or Issued Against Whole Or A Substantial Part Of The Assets Or Property Of Spg Gold Ornaments Pvt. Ltd. , Or Any Action Has Been Taken Or Suffered Against Spg Gold Ornaments Pvt. Ltd. Towards Liquidation Or Dissolution Or Similar Reorganization; Or
Upon A Liquidator Or Provisional Liquidator Being Appointed To Spg Gold Ornaments Pvt. Ltd. Or A Receiver, Receiver And Manager, Trustee Or Similar Official Being Appointed In Respect Of Spg Gold Ornaments Pvt. Ltd. Or Any Of Its Assets, Or An Event Analogous.
Upon The Happening Of Any Of The Events Referred, And Where There Is Any Insufficiency Of Spg Gold Ornaments Pvt. Ltd. Funds Required To Pay Any Costs And Expenses To Be Incurred In Relation To Providing Delivery Of Your Customer Gold To You, Then In Such An Event You Do Hereby Authorise The Security Trustee To Sell Any Part Of The Customer Gold, That Is Necessary Or Required To Defray Such Costs And Expenses.
Pursuant To The Security Trustee Agreements, Spg Gold Ornaments Pvt. Ltd. Has Created A Charge By Way Of Hypothecation In Favour Of The Security Trustee For The Benefit Of The Customers Over: (A) The Monies Lying In The Collection Account From Time To Time; And (B) Gold Purchased By Spg Gold Ornaments Pvt. Ltd. From Time To Time And Lying With The Vault Keeper Or In Transit And, Which Is The Property Of Spg Gold Ornaments Pvt. Ltd. ; (Collectively “Security”). Upon The Occurrence Of Any Of The Events, The Security Trustee Under The Security Trustee Agreements Is To: (I) Declare All Outstanding Amounts As Due And Payable To The Security Trustee Forthwith; And (Ii) Take Charge And/or Possession Of, Seize, Recover, Receive And Remove The Security And Use The Same To Discharge Any Liability Of Spg Gold Ornaments Pvt. Ltd. To The Customers. You However Expressly Understand And Acknowledge That Any Enforcement Of The Security Would Always Be Subject To And Undertaken In Accordance With The Provisions Of Applicable Law And Therefore:
It Is Not Possible To Accurately Predict The Time Required To Make Any Such Distribution; And/or
The Amount Received By You From Such Distribution May Not Be Sufficient To Completely Extinguish Spg Gold Ornaments Pvt. Ltd. ’S Liability To You;
And Consequently, No Liability Shall Accrue To The Security Trustee In Relation To The Above.
4. Consequences Of Termination Of Services By Spg Gold Ornaments Pvt. Ltd.
Upon Such Termination For Any Reason Whatsoever, Subject To These Terms Read With The Security Trustee Agreements:
Fractional Amounts For Gold Holdings Of Less Than 0.5 (One Half) Gram May Be Sold And Cash In Pursuance Thereto Will Be Sent Directly To Your Bank Account, After Deducting All The Requisite Charges Relating To Appointment Of Intermediaries (Including But Not Limited To Charges Due And Payable To Intermediaries And Any Other Out Of Pocket Expenses, Custody Charges, Minting And Delivery Charges) (“Charges”).
For Larger Gold Holdings, The Security Trustee Shall (To The Extent You Have Not Already Paid For All The Charges) Be Allowed To Sell Part Of Your Gold To Pay For All The Charges To All The Intermediaries. The Remaining Portion Of The Gold Shall Be Delivered To You In Accordance With These Terms, Along With The Details Of The Deductions Made And The Quantum Of Gold That You Are Entitled To Receive.
You Acknowledge That The Termination Of Your Access To The Platform And Services May Be Affected Without Any Prior Notice, And The Gold Account May Be Immediately Deactivated Or Deleted And All Related Information And/or Bar Any Further Access To The Gold Account, The Platform Or The Services. Further, You Agree That Spg Gold Ornaments Pvt. Ltd. Shall Not Be Liable For Any Discontinuation Or Termination Of Services By Any Third Party.
None Of Your Content Shall Remain Accessible On The Platform Upon Termination. This Information Cannot Be Recovered By You, Once The Account Is Terminated.
The Disclaimer Of Warranties, The Limitation Of Liability, And The Governing Law Provisions Shall Survive Any Termination Of These Terms.
5. Governing Law And Dispute Resolution
These Terms Shall Be Governed By And Interpreted And Construed In Accordance With The Laws Of India. The Courts Of Vadodara Shall Have Exclusive Jurisdiction Over Any Disputes Arising Under These Terms. In The Event Of Any Dispute Arising Out Of These Terms The Same Shall Be Settled By A Binding Arbitration Conducted By A Sole Arbitrator, Appointed Jointly By Both Parties And Governed By The Arbitration And Conciliation Act, 1996.
6. Creation Of Distributor And Registration Obligations
Before Availing The Services, The Customer Shall Complete Registration Process As May Be Prescribed From Time To Time. The Customer Shall Follow The Instructions Given In The Platform For Opening A Gold Account. Spg Gold Ornaments Pvt. Ltd. Shall Be Entitled To Collect And Store Relevant Information And Documents Provided By The Customer To The Platform For Kyc Purposes. As And When Required By Spg Gold Ornaments Pvt. Ltd. , The Customer Will Be Required To Provide Additional Documents For Fulfilling The Kyc Requirements. You Authorize Spg Gold Ornaments Pvt. Ltd. To Make Such Enquiries As May Be Necessary To Satisfy About The Validity Of Your Identity. You Shall Be Responsible For The Correctness Of Information Provided To Spg Gold Ornaments Pvt. Ltd. . If You Have Reasons To Believe That There Is An Error In The Information Furnished By You, You Shall Immediately Provide Correct / Updated Information.
Spg Gold Ornaments Pvt. Ltd. Reserves The Right To Terminate Any Gold Account, With Or Without Notice To You, In The Event The Kyc Documents / Information Are Found To Be Incorrect Or Authenticity Of The Documents / Information Is Found To Be Doubtful. You Hereby Undertake To Indemnify And Keep Indemnified Spg Gold Ornaments Pvt. Ltd. Against Any And All Losses, Claims, Liabilities Costs Etc. Which Arise Out Of Or Relating To Your Failure To Identify Yourself And Validate Your Account Promptly And / Or Due To Incorrect Kyc Documents / Information.
Know Your Customer (Kyc) And Verification
Prior To Placing An Order, You May Be Required To Provide Certain Kyc Documentation And Other Information As May Be Required By Spg Gold Ornaments Pvt. Ltd. In Such Form And Manner As It May Deem Fit. This Information May Be Requested From You At The Time Of Registration, Or At A Later Stage.
Once Such Documentation And Other Information Is Provided By You, You Shall Be Entitled To Place An Order On The Platform (“Customer Order”).
You Agree That Your Continued Use Of The Platform, Consequent Upon The Creation Of The Gold Account, Is Subject To Verification By Spg Gold Ornaments Pvt. Ltd. Of The Information And Documentation Provided By You. You Hereby Grant Spg Gold Ornaments Pvt. Ltd. Permission To Conduct Such Verification, In Such Form And Manner As It May Deem Fit.
You Will Be Responsible For Maintaining The Confidentiality Of The Gold Account Information, And Shall Be Fully Responsible For All Activities That Occur Under The Gold Account. You Agree To Immediately Notify Spg Gold Ornaments Pvt. Ltd. Of Any Unauthorised Use Of The Gold Account Information Or Any Other Breach Of Security. Spg Gold Ornaments Pvt. Ltd. Cannot And Will Not Be Liable For Any Loss Or Damage Arising From Your Failure To Comply With This Section. You May Be Held Liable For Losses Incurred By Spg Gold Ornaments Pvt. Ltd. Or Any User Or Visitor Of The Platform Due To Authorised Or Unauthorised Use Of The Gold Account, As A Result Of Your Failure In Keeping The Gold Account Information Confidential.
You Shall Ensure That The Gold Account Information Provided By You In The Registration Form Is Complete, Accurate And Up-To-Date. Use Of Another Customer’s Account Information For Availing Of Any Of The Services And/or For Use Of The Platform Is Expressly Prohibited.
You Agree That If You Provide Any Information That Is Untrue, Inaccurate, Not Current Or Incomplete, (Or Becomes Untrue, Inaccurate, Not Current Or Incomplete) Or If Spg Gold Ornaments Pvt. Ltd. Has Reasonable Grounds To Suspect That Such Information Is Untrue, Inaccurate, Not Current, Incomplete, Or Not In Accordance With These Terms, Spg Gold Ornaments Pvt. Ltd. Shall Have The Right To Indefinitely Suspend Or Terminate Or Block Access To The Gold Account On The Platform And Refuse To Provide You With Access To The Platform.
7. Purchase Of Gold
You Can Offer To Buy Gold Worth 1gm ( One Gm Only) And Above Incremental Value Thereof At The Market Linked Prices Of Gold Shown On The Platform. Market Linked Prices Means That These Quotes Are Linked To The Prices Of Gold In The Commercial Bullion Market In India.
It Is Hereby Clarified That Such Market Linked Prices Of Gold Shall Constitute Fully Binding Offers And Would Be An Invitation To Offer To Purchase Gold At The Said Market Prices To All Customers. Notwithstanding The Foregoing, You Understand That These Prices May Vary Multiple Times Within A Day, And Accordingly Your Payment Obligations For Any Order Will Depend On The Market Linked Prices Then Prevailing. While Reasonable Efforts Will Be Made To Offer You A Competitive Price For The Customer Gold, There Is No Guarantee That The Price Offered To You Will Be Close To Or Comparable With Other Prices Available In The Market.
Payment Will Be Accepted Through The Payment Options Made Available On The Platform, Which May Include Redirection To A Payment Gateway Hosted By Other Third Party Website Or Platform, Including By Spg Gold Ornaments Pvt. Ltd. . At The Time Of Purchase / Fulfilment / Sale-Back / Transfer Of Gold, The Relevant Taxes Will Be Chargeable As Applicable As Per The Government Regulations. It Is Hereby Clarified That Once A Customer Order Is Placed, You Are Not Entitled To Cancel A Customer Order, Provided However That A Customer Order Shall Stand Cancelled If The Payment Fails For Any Reason Whatsoever.
Spg Gold Ornaments Pvt. Ltd. Reserves The Right To Cancel A Customer Order, At Its Sole Discretion, If Your Information, Provided Prior To Placing The Customer Order, Is Not Found Acceptable And Spg Gold Ornaments Pvt. Ltd. Is Of The Opinion That You Are Not Eligible To Purchase Gold. The Gold Account Shall Accordingly Stand Amended. Spg Gold Ornaments Pvt. Ltd. Shall Have The Right To Freeze The Gold Account Until It Receives Kyc And Other Documentation In A Form And Manner Satisfactory It.
Once The Payments Are Received By Spg Gold Ornaments Pvt. Ltd. And The Kyc Information, If Requested, Is Found Acceptable, Spg Gold Ornaments Pvt. Ltd. Shall Issue An Invoice To You Confirming The Customer Order Placed Within A Period Of 3 (Three) Business Days Of Placing Such Order, In A Manner It May Deem Fit.
Notwithstanding Anything To The Contrary Contained In These Terms, Spg Gold Ornaments Pvt. Ltd. Shall Be Entitled To Accept Or Reject A Customer, For Any Reason Whatsoever, At Its Sole Discretion.
In Case Of Rejection Of A Customer Order In Accordance With These Terms, Where Payments Have Been Received By Spg Gold Ornaments Pvt. Ltd. , Such Payments Shall Be Returned To You To The Bank Account Linked To Your Account, Subject To The Terms And Conditions Indicated On The Platform.
8. Delivery Of Gold
This Platform Offers Services For Customers Who Wish To Procure Delivery Of The Customer Gold In Accordance With These Terms.
You Shall Be Entitled To Procure Delivery Of The Customer Gold Using The Platform (“Delivery Request”).
Upon Placing The Delivery Request, You Shall Be Required To Pay For The Applicable Charges And Confirm The Delivery Request. Your Gold Account Shall Be Provisionally Debited Corresponding To The Quantity Of The Customer Gold Sought To Be Delivered (“Delivered Customer Gold”).
Within A Period Of 7 (Seven) Working Days Of The Delivery Request Being Confirmed Or Such Further Period As May Be Required By Spg Gold Ornaments Pvt. Ltd. , Spg Gold Ornaments Pvt. Ltd. Shall Arrange For Delivery Of The Delivered Customer Gold At The Shipping Address Indicated By You. You Shall Be Solely Responsible For Ensuring That The Correct Address Is Furnished By You On The Platform For Processing Such Delivery Request. You Shall Not Be Entitled To Change The Shipping Address After The Delivery Request Is Processed By Spg Gold Ornaments Pvt. Ltd. .
You Should Carefully Examine The Package Delivered And Shall Not Accept Deliveries Where The Packaging Has Been Tampered With. If, However, You Are Of The View That The Package Delivered Has Been Tampered With, You Shall Be Required To Intimate Spg Gold Ornaments Pvt. Ltd. Immediately Of The Same, And Provide Such Other Information As May Be Required By Spg Gold Ornaments Pvt. Ltd. In This Regard (“Return Request”). Within A Period Of 14 (Fourteen) Business Days Of The Original Package Of Delivered Customer Gold Being Delivered Back To Spg Gold Ornaments Pvt. Ltd. , In A Manner Indicated By Spg Gold Ornaments Pvt. Ltd. , And The Return Request Being Approved By Spg Gold Ornaments Pvt. Ltd. , Spg Gold Ornaments Pvt. Ltd. Shall Arrange For Re-Delivery Of The Delivered Customer Gold At The Shipping Address Indicated By You. The Costs For Such Shipping Shall Be Borne By Spg Gold Ornaments Pvt. Ltd. . However, In The Event Of Frivolous And Unjustified Return Requests Made By You, And/or Spg Gold Ornaments Pvt. Ltd. Reserve The Right To Take All Action Available To It, Including Black-Listing Or Blocking You From Using The Services On The Platform.
You, Upon Signing The Delivery Receipt, Acknowledge The Receipt Of The Delivered Customer Gold In Terms Of The Delivery Request Placed With Spg Gold Ornaments Pvt. Ltd. . Spg Gold Ornaments Pvt. Ltd. Shall Not Be Liable To You For Any Refund/Replacement, Under Any Circumstance, For Any Subsequent Complaints With Respect To Such Deliveries And/or Any Failure On Your Part (As The Case May Be) To Comply With These Terms.
Upon Receipt Of The Delivery Request By Spg Gold Ornaments Pvt. Ltd. , The Gold Account Shall Be Debited For The Delivered Customer Gold From The Gold Account.
It Shall Be Your Responsibility To Ensure That You Are Available To Receive The Delivered Customer Gold At The Time Of Delivery. If You Are Not Available At The Time Of Delivery, Spg Gold Ornaments Pvt. Ltd. Courier Agent May Try And Deliver The Item Again Before Returning The Same To Spg Gold Ornaments Pvt. Ltd. . In Case Of Return Of The Delivered Customer Gold To Spg Gold Ornaments Pvt. Ltd. , Gold Account Shall Be Credited For The Delivered Customer Gold, After Deducting The Charges (If Any) Due From You, Provided However That Spg Gold Ornaments Pvt. Ltd. Is Of The Opinion That The Packaging Has Not Been Tampered With. It Is Hereby Clarified That Should A Request For Re-Delivery Be Made By You, You Shall Be Solely Liable To Incur The Applicable Charges For Delivering The Delivered Customer Gold.
In Case Of Spg Gold Ornaments Pvt. Ltd. ’S Inability To Make Deliveries Of Delivered Customer Gold Due To A Force Majeure Event, Spg Gold Ornaments Pvt. Ltd. Shall Intimate You Of The Same And May Require That The Deliveries Be Effectuated Through Specific Modes. In Such A Case, You Hereby Agree To Bear Any Additional Costs And Fees Necessary For The Delivery To Be Complete.
Spg Gold Ornaments Pvt. Ltd. Will Not Be Able To Deliver A Fractional Quantity Of Gold Below Such Threshold As Spg Gold Ornaments Pvt. Ltd. Shall Notify For This Purpose Even If A Customer Request Is Made For Such Fractional Quantity (“Threshold Quantity”). You Are Advised To Check The Platform Periodically To Determine The Threshold Quantity As The Same May Be Revised From Time To Time. In The Event That Any Gold Below The Threshold Quantity Is To Be Delivered To You, Then Please Note That Such Customer Gold Shall Instead Be Sold By Spg Gold Ornaments Pvt. Ltd. Based On The Sale Prices Displayed On The Platform And You Will Instead Receive The Applicable Sale Proceeds In Your Bank Account, Details Of Which Are Provided By You. If There Is Any Mistake In The Account Number Provided By You, Spg Gold Ornaments Pvt. Ltd. Would Not Be Held Responsible For The Same.
Notwithstanding Anything To The Contrary Contained In These Terms, Spg Gold Ornaments Pvt. Ltd. Shall Be Entitled To Reject A Customer Request Which Is Not In Compliance With The Terms Hereof, And Shall Intimate The Customer Of The Reasons For The Same.
Based On The Changes Made To The Gold Account (In Lieu Of The Customer Orders And/or Customer Requests), If You Are Of The Opinion That The Changes Made Thereto Do Not Tally With The Orders And/or Customer Requests Placed By You, You May Contact Spg Gold Ornaments Pvt. Ltd. At [email protected], Who Shall Accordingly Take All Necessary Actions For Taking Care Of Any Such Identified Discrepancies.
It Is Hereby Clarified That The Customer Gold Cannot Be Pledged Or Transferred By You To Any Other User, And The Gold Account Is Non-Transferrable, Unless Specifically Allowed By Spg Gold Ornaments Pvt. Ltd. . In The Event Of Your Death, If Specifically Allowed By Spg Gold Ornaments Pvt. Ltd. , The Title To Such Customer Gold Lying In The Vault And The Gold Account Shall Transfer To Your Legal Heirs Only After The Required Due Diligence Has Been Conducted. Subsequent To This, Your Legal Heir(S) Shall Be Regarded As The Customer For The Purpose Of The Customer Gold And Gold Account Thereafter And The Terms Shall Be Applicable To Your Legal Heir(S).
It Is Hereby Clarified That The Platform Displays Articles That Are Available For Shopping. Some Items May Appear Slightly Larger Or Smaller Than Actual Size Due To Screen Defaults And Photography Techniques. Spg Gold Ornaments Pvt. Ltd. Shall Not Be Liable For Any Legal Action On This Account. It Shall Be Spg Gold Ornaments Pvt. Ltd. ’S Endeavour To Ensure That All Details Regarding The Product Are Clearly Displayed On The Platform.
Due To Reasons Not Directly Attributable To Spg Gold Ornaments Pvt. Ltd. , Data May Be Inaccurately Displayed On The Platform Due To Some System Errors On The Platform Or Any Device Used To Access The Platform. Spg Gold Ornaments Pvt. Ltd. Reserves The Right To Correct Any And All Errors When They Do Occur, At Its Sole Discretion, And Spg Gold Ornaments Pvt. Ltd. Shall Be Entitled To Not Honour Any Requests/Orders Placed By You Based On Any Inaccurate Or Erroneous Prices.
The Prices Quoted On The Platform Are Fixed And Not Negotiable. The Prices On The Platform Are Also Subject To Change Without Notice To You.
9. Sell Of Customer Gold
You May Be Provided An Option To Sell The Customer Gold During Market Hours Based On The Sale Prices On The Platform. If The Prices Are Found Acceptable To You, You Shall Confirm The Sale Request, In A Form And Manner Acceptable To Spg Gold Ornaments Pvt. Ltd. (“Sell Request”). Your Gold Account Shall Be Debited Corresponding To The Quantity Of The Customer Gold Sought To Be Sold Vide The Sale Request (“Sold Customer Gold”).
Within A Period Of 2 (Two) Working Days Of The Sale Request Being Confirmed Or Such Further Period As May Be Required, The Payment, Pursuant To The Sale Request, Shall Be Disbursed By Spg Gold Ornaments Pvt. Ltd. At The Sale Prices Indicated At The Time Of Placing Such Sale Request. Spg Gold Ornaments Pvt. Ltd. Shall Arrange For Such Payments To Be Made To Your Bank Account, Details Of Which Are Provided By You. If There Is Any Mistake In The Account Number, Ifsc Code Etc. Provided By You, Spg Gold Ornaments Pvt. Ltd. Would Not Be Held Responsible For The Same.
It Is Hereby Clarified That Spg Gold Ornaments Pvt. Ltd. Will Provide This Service On A Best Efforts Basis And Only When The Commercial Bullion Market Is In Operation. Spg Gold Ornaments Pvt. Ltd. Does Not In Any Way Guarantee That This Option Will Be Available To You At All Times. Further, The Buyer Of The Sold Customer Gold May Be Either Spg Gold Ornaments Pvt. Ltd. Or Another Party (Being Interested In Buying The Sold Customer Gold). Spg Gold Ornaments Pvt. Ltd. Shall Not Be Held Liable For Any Actions Of Such Third-Party Purchaser, Apart From Ensuring That Funds Are Received On Account Of The Sale Of Your Gold.
You Will Be Provided With Free Storage For Your Customer Gold For 1 Years, Or For Such Period As More Particularly Stipulated By Spg Gold Ornaments Pvt. Ltd. In This Regard From Time To Time At Its Sole Discretion And Notified To Customers On The Platform (“Free Storage Period Of 1 Year”). After The Expiry Of The Free Storage Period, Spg Gold Ornaments Pvt. Ltd. Shall Be Entitled To Levy Storage Charges For Such Customer Gold At Such Rate As Would Be Specified On The Platform, And Which May Be Revised From Time To Time. The Charges Would Be Levied By Deducting The Gold Balance At The End Of Each Month By A Percentage Amount At The Specified Rate. You Are Advised To Periodically Check The Platform To Understand These Storage Charges. In The Event, Spg Gold Ornaments Pvt. Ltd. Is Not Able To Deduct The Storage Charges Because Your Gold Balance Is Too Low, Then Spg Gold Ornaments Pvt. Ltd. Shall Be Entitled To Sell Such Portion Of Your Customer Gold Stored With The Vault Keeper That Is Necessary Or Required To Recover The Unpaid Storage Charges In Question.
While Reasonable Efforts Will Be Made To Offer You A Competitive Price For The Customer Gold, There Is No Guarantee That The Price Offered To You Will Be Close To Or Comparable With Other Prices Available In The Market.
10. Fraudulent Transactions
The Customer Should Take Care Not To Share Their Mobile Wallet Details, Personal U pin Or Opt (“Payment Information”) With Any Third Party Intentionally Or Unintentionally. The Company Never Solicits Payment Information Over A Call Or Otherwise. The Company/Platform/Third Party Services/Payment Gateway Partners Shall Not Be Liable For Any Fraud Due To The Sharing Of Such Details.
In The Event That An Individual’s Payment Information Or Payment Instrument Is Fraudulently Utilised To Purchase Gold On The Platform (“Fraudulent Transaction”) From Spg Gold Ornaments Pvt. Ltd. , Then The Company May Share Relevant Information Of Such Transaction If The Victim Approaches The Company Via Proper Channels Including Spg Gold Ornaments Pvt. Ltd. ’S Customer Support Number And Email ([email protected]), Along With Supporting Documentation From The Relevant Public Authority Or Cyber Cell.
In The Event That Spg Gold Ornaments Pvt. Ltd. And/or The Platform Partner Have Flagged Any Transaction Or Customer Account As Suspicious As Per Their Internal Guidelines, Or Where It Is Found That A Customer Has Utilised Payment Information Or A Payment Instrument In An Unauthorised Or Fraudulent Manner To Purchase Gold Or Undertake Any Other Transaction On The Platform (Fraudulent User), Spg Gold Ornaments Pvt. Ltd. And/or The Platform Partner Shall Be Entitled To:
Request Further Kyc Information Or Other Documentation From The User To Verify The Flagged Transaction;
Pending Further Verification, Block Such Fraudulent User, And/or Freeze Any Accounts Associated With Them;
Reverse Any Such Fraudulent Transaction, To The Extent Possible, Including The Sale Of Any Gold Purchased By Such Fraudulent User, At The Prevailing Rate;
Provide Information On Such Fraudulent User, Along With Any Other Transaction Details, To The Relevant Authorities.
In The Event Of A Fraudulent Transaction, Spg Gold Ornaments Pvt. Ltd. Shall Make A Reasonable Effort To Assist The Victim In Recovering Their Funds, Subject To Supporting Evidence And Documentation Being Provided Upon Request. Spg Gold Ornaments Pvt. Ltd. Shall Be Entitled To Transfer The Victim’s Funds, Less Any Payment Gateway Charges That Are Not Refunded By Third Party Payment Service Provider Or Bank.
However, It Is Clarified That Spg Gold Ornaments Pvt. Ltd. Shall Not Obligated To Reverse Any Transaction Where The Fraudulent User Has Already Sold The Gold Purchased Through The Fraudulent Transaction, And Received The Funds Against Such Sale; Or Where The Fraudulent User Has Chosen To Take Delivery Of The Gold So Purchased. In This Event, Spg Gold Ornaments Pvt. Ltd. Shall, To The Best Of Its Ability, Provide Any Information On The Fraudulent User, Including The Bank Account Or Mobile Wallet Account To Which Funds Have Been Settled, Or The Physical Address To Which The Gold Has Been Delivered, To The Victim Or The Relevant Authorities.
11. Use Of The Platform And Services
You Acknowledge That The Services Are For Your Personal Use And Agree Not To Publish The Gold Prices Or Descriptions Of Gold And/or Any Other Information Displayed On The Platform (In Lieu Of Your Access To The Platform) On Any Other Medium. You Shall Not Modify, Copy, Distribute, Transmit, Display, Perform, Reproduce, Publish, License, Create Derivative Works From, Transfer, Or Sell Any Information, Software, Products Or Services Obtained From The Services.
Spg Gold Ornaments Pvt. Ltd. Shall Not Be Held Liable For Any Loss Of Data, Technical Or Otherwise, Information, Or For Particulars Supplied By You, Due To The Reasons Beyond Its Control Like Corruption Of Data Or Delay Or Failure To Perform As A Result Of A Force Majeure Event.
Spg Gold Ornaments Pvt. Ltd. Shall Have The Sole Discretion To Determine The Locations And Pin Codes It May Want To Serve.
The Provision Of Services May Be Interrupted, Including For Maintenance, Repairs, Upgrades, Or Network Or Equipment Failures. Spg Gold Ornaments Pvt. Ltd. Strives To Keep The Services Up And Running; However, All Online Services Suffer Occasional Disruptions And Outages. Spg Gold Ornaments Pvt. Ltd. Is Not Liable For Any Disruption Or Loss You May Suffer As A Result.
Spg Gold Ornaments Pvt. Ltd. May Discontinue Some Or All Of The Services, Including Certain Features And The Support For Certain Devices And Platforms, At Any Time.
12. Suspension / Closure Of Distributor Account
Spg Gold Ornaments Pvt. Ltd. May, At Its Discretion, Suspend Gold Account Of Customers, If There Appears To Be A Fraudulent Or Suspicious Activity In The Account. If Spg Gold Ornaments Pvt. Ltd. Is Of The Opinion That You Are Involved In Any Unlawful Activity Or The Gold Account Is Used For Any Unlawful Purpose, Spg Gold Ornaments Pvt. Ltd. Shall Have The Right To Take All Actions Available To It, Including Black-Listing Or Blocking You From Using The Services On Its Platform Or Blocking Your Access To The Services Through The Platform Or Intimating The Relevant Authorities Of Such Unlawful Activities.
Spg Gold Ornaments Pvt. Ltd. Shall Not Be Held Liable / Responsible, In Any Manner Whatsoever, For Any Loss / Liability Arising Out Of Or Relating To Any Technical Failure / Issue In Platform And / Or Acts / Omission Not Attributable To It.
You Shall Inform Immediately, In Any Case No Later Than 10 (Ten) Days Of The Transaction, Of Any Irregularities Or Discrepancies That May Exist In Your Gold Account, Failing Which It Shall Be Deemed That There Is No Error Or Discrepancy In The Account. All Records Maintained By Spg Gold Ornaments Pvt. Ltd. , In Electronic Or Documentary Form Of The Instructions Of The Customer And Such Other Details (Including, But Not Limited To Payments Made Or Received) Pursuant To The Terms, Shall As Against The Customer, Be Deemed To Be Conclusive Evidence Of Such Instructions.
You Hereby Agree That You Shall Be Liable For All Fees And Charges Associated With The Use Of The Platform And Services. Further, Details Of The Fees Payable (Including, But Not Limited To The Terms Pertaining To Such Fees And The Quantum Thereof), Have Been Set Out On The Platform. Please Note That The Fees And Charges May Be Revised From Time To Time And It Would Be Your Responsibility To View The Platform To Check The Then Current Fees And Charges Payable.
It Is Hereby Clarified That Fees And Charges, Once Paid, Are Non-Refundable.
All Payments Made For The Use Of The Platform And/or Purchase Of Customer Gold By You Shall Be Compulsorily In Indian Rupees.
While Availing Any Of The Payment Method/S Available On The Platform For Availing The Services, Spg Gold Ornaments Pvt. Ltd. Shall Not Be Responsible For Or Assume Any Liability, Whatsoever In Respect Of Any Loss Or Damage Arising Directly Or Indirectly To You Due To:
Ø Lack Of Authorization For Any Transaction(S), Or
Ø Exceeding The Preset Limit Mutually Agreed By You And Between Bank/S And/or Other Institutions Used By You In Making Payment, Or
Ø Any Payment Issues Arising Out Of The Transaction, Or
Ø Rejection Of Transaction For Any Other Reason(S) Whatsoever.
Spg Gold Ornaments Pvt. Ltd. May Temporarily/Permanently Suspend/Terminate The Gold Account Or Refuse Access In Case Of Non-Payment Of Fees Due By You. Without Limitation To The Other Rights And Remedies Available To Spg Gold Ornaments Pvt. Ltd. , It Also Reserves The Right To Take Legal Action For The Same.
14. Member Eligibility
Use Of The Platform And/or The Services Is Available Only To Persons Who Can Enter Into Legally Binding Contracts Under The Indian Contract Act, 1872 And To Persons Resident In India. Persons Who Are "Incompetent To Contract" Within The Meaning Of The Indian Contract Act, 1872 Including Minors, Un-Discharged Insolvents And Persons Of Unsound Mind Are Not Eligible To Use The Platform Or The Services. Any Person Under The Age Of 18 Shall Not Register On The Platform And Shall Not Transact On Or Use The Platform In Relation To Or For Any Services. Spg Gold Ornaments Pvt. Ltd. Reserves The Right To Terminate Any Person’s Membership And/or Refuse To Provide Such Person With Access To The Platform And/or Any Services If It Is Brought To Spg Gold Ornaments Pvt. Ltd. ’S Notice Or If It Is Discovered That Such Person Is Not Eligible To Use The Platform And/or Any Service.
15. Absence Of Relationship
You Represent And Warrant To Spg Gold Ornaments Pvt. Ltd. That You Have Sufficient Experience And Knowledge To Make Informed Decisions To Purchase / Sell Gold. You Acknowledge That You Have Not Relied On Any Information Made Available By Spg Gold Ornaments Pvt. Ltd. And That Spg Gold Ornaments Pvt. Ltd. Is Not Making Any Recommendation With Respect To Such Purchases / Sale-Back Of Gold. No Relationship Other Than Seller-Purchaser, Including, Without Limitation, Any Agent-Principal Relationship, Any Advisor-Advisee Relationship, Any Employee-Employer Relationship, Any Franchisee-Franchisor Relationship, Any Joint Venture Relationship Or Any Partnership Relationship, Exists Between You Spg Gold Ornaments Pvt. Ltd. .
You Acknowledge That Spg Gold Ornaments Pvt. Ltd. Is Not Providing / Dealing In / Offering Any Investment Product And Does Not Offer Any Guarantee / Assured Returns. You Further Acknowledge That Value Of Gold May Vary Depending On Various Factors And Forces.
16. Electronic Order Risks
Commercial Internet Service Providers Are Not 100% Reliable And A Failure By One Or More Of These Providers May Affect Internet-Based Order Entry. You Acknowledge That The Order Entry System Is An Electronic Mechanical System And As Such May Be Subject To Failure Beyond The Control Of Spg Gold Ornaments Pvt. Ltd. . Therefore, Spg Gold Ornaments Pvt. Ltd. Shall Not Be Responsible For Errors, Negligence, Inability To Execute Orders, Delays In Transmission, Delivery Or Execution Of Order Due To Breakdown Or Failure Of Transmission Or Communication Facilities (Including In Any Device Used To Connect To The Platform), Or To Any Other Cause Beyond Spg Gold Ornaments Pvt. Ltd. ’S Control Or Anticipation.
The Platform May Allow You To Post Your Review And Experience Of Using The Platform ("Reviews") In Order To Improve The Platform And The User Experience.
You, Being The Originator Of The Reviews, Are Responsible For The Reviews That You Upload, Post, Publish, Transmit Or Otherwise Makes Available On The Platform. You Represent That All Such Reviews Will Be In Accordance With Applicable Law. You Acknowledge That Spg Gold Ornaments Pvt. Ltd. Does Not Endorse Any Reviews On The Platform And Is Not Responsible Or Liable For Any Reviews. Spg Gold Ornaments Pvt. Ltd. Reserves The Right To Disable Access To The Reviews On The Platform.
You Hereby Grant Spg Gold Ornaments Pvt. Ltd. A Perpetual, Non-Revocable, Worldwide, Royalty-Free And Sub-Licensable Right And License To Use, Copy, Distribute, Display, Publish, Transmit, Make Available, Reproduce, Modify, Adapt The Reviews In Any Manner As Deemed Appropriate By Spg Gold Ornaments Pvt. Ltd. In Any Form Including But Not Limited To Print, Broadcast, Online And Across Any And All Websites And Platforms Owned By Spg Gold Ornaments Pvt. Ltd. .
You Further Represent And Warrant That While Posting Any Reviews On The Platform You Shall Not Use Any Offensive, Libellous, Derogatory, Hateful Or Racially Or Ethnically Objectionable Language. Further, You Shall Not Post Any Content On Any Part Of The Platform That Is Obscene, Pornographic, Constitutes An “Indecent Representation Of Women” As Provided In The Indecent Representation Of Women (Prohibition) Act, 1986.
19. Content And Intellectual Property Rights
Spg Gold Ornaments Pvt. Ltd. Solely And Exclusively Owns Respective Copyrights, Trademarks, Service Marks, Logos, Trade Names, And Other Intellectual And Proprietary Rights Associated With The Services Provided By Spg Gold Ornaments Pvt. Ltd. And Displayed On/Accessed On The Platform And Is Protected Under Indian Law.
You Hereby Acknowledge That The Services Constitute Original Works And Have Been Developed, Compiled, Prepared, Revised, Selected, And Arranged By Spg Gold Ornaments Pvt. Ltd. Respectively Through The Application Of Methods And Standards Of Judgment Developed And Applied Through The Expenditure Of Substantial Time, Effort, And Money And Constitutes Valuable Intellectual Property Of Spg Gold Ornaments Pvt. Ltd. And Such Others. You Thereby Agree To Protect The Proprietary Rights Of Spg Gold Ornaments Pvt. Ltd. During And After The Term Of These Terms. You May Not Selectively Download Portions Of The Platform Without Retaining The Copyright Notices. You May Download Material From The Platform Only For The Purpose Intended By These Terms.
Any Infringement Shall Lead To Appropriate Legal Proceedings Against You At Appropriate Forum For Seeking All Available Remedies Under Applicable Laws Of The Country.
20. Links To/From Third-Parties' Websites/Applications
The Platform May Contain Links And Interactive Functionality Interacting With The Websites Of Third Parties. Spg Gold Ornaments Pvt. Ltd. Is Not Responsible For And Does Not Have Any Liability For The Functionality, Actions, Inactions, Privacy Settings, Privacy Policies, Terms, Or Content Of Any Such Websites. Before Enabling Any Sharing Functions To Communicate With Any Such Website Or Otherwise Visiting Any Such Website, Spg Gold Ornaments Pvt. Ltd. Strongly Recommends That You Review And Understand The Terms And Conditions, Privacy Policies, Settings, And Information-Sharing Functions Of Each Such Third-Party Website.
You Hereby Agree To Indemnify And Keep The Spg Gold Ornaments Pvt. Ltd. Indemnified From And Against All Actions, Claims, Demands, Proceedings, Losses, Damages, Costs, Charges And Expenses, Directly Or Indirectly, Whatsoever (“Losses”) Which Spg Gold Ornaments Pvt. Ltd. And/or Its Employees, Agents, Workers Or Representative May At Any Time Incur, Sustain, Suffer Or Be Put To As A Consequence Of Or By Reason Of Or Arising Out Of: (I) The Usage Of The Platform And/or Any Device Used By The Customer To Access The Platform; (Ii) By Reason Of Spg Gold Ornaments Pvt. Ltd. Acting In Good Faith And Taking Or Refusing To Take Or Omitting To Take Action On The Customer's Instructions, And In Particular Arising Directly Or Indirectly Out Of The Negligence, Mistake Or Misconduct Of The Customer; (Iii) Breach Or Non-Compliance Of The Terms And Relating To The Gold Account; And/or (Iv) Fraud Or Dishonesty Relating To Any Transaction By The Customer.
22. Disclaimer Of Warranties
All Information, Content, Materials And Services Included On Or Otherwise Made Available To You Through The Platform (Collectively, The "Contents") Are Provided By Spg Gold Ornaments Pvt. Ltd. On An "As Is," "As Available" Basis, Without Representations Or Warranties Of Any Kind. Spg Gold Ornaments Pvt. Ltd. Makes No Representations Or Warranties Of Any Kind, Express Or Implied, As To The Operation Of The Platform, The Accuracy Or Completeness Of The Contents And The Accuracy Of The Information. Spg Gold Ornaments Pvt. Ltd. Shall Have No Responsibility For Any Damage To Your Computer System Or Loss Of Data That Results From The Download Of Any Content, Materials, Document Or Information Or Any Other Losses Incurred By You For Use Of The Platform. You Expressly Agree That The Use Of The Platform Is At Your Sole Risk. Spg Gold Ornaments Pvt. Ltd. Will Not Be Liable For Any Damages Of Any Kind Arising From The Use Of The Platform Or The Services Or The Contents Including, Without Limitation, Direct, Indirect, Consequential, Punitive, And Consequential Damages, Unless Otherwise Specified In Writing. To The Full Extent Permitted By Law, Spg Gold Ornaments Pvt. Ltd. Disclaims Any And All Representations And Warranties With Respect To The Platform (Or Any Part Thereof) And Its Contents, Whether Express Or Implied, Including, Without Limitation, Warranties Of Title, Merchantability, And Fitness For A Particular Purpose Or Use.
23. Limitation Of Liability
You Hereby Acknowledge That Spg Gold Ornaments Pvt. Ltd. (Including But Not Limited To Its, Directors, Employees, Agents Or Partners) Shall Not Be Held Liable To You For Any Special, Consequential, Incidental, And Exemplary Or Punitive Damages, Or Loss Of Profit Or Revenues. Spg Gold Ornaments Pvt. Ltd. Shall Also Not Be Liable Under Any Circumstances For Damages Arising Out Or Related In Any Way To Your Inability To Access, Or Your Difficulty In Accessing The Platform To Avail Of Any Services, Any Bugs, Viruses, Trojan Horses, Or The Like, Which May Be Transmitted To Or Through The Platform By Any Third Party, Any Loss Of Your Data, Any Claim Relating To Your Data Or Content From The Services And/or Your Failure To Keep The Gold Account Information Secure And Confidential. You Further Agree That Spg Gold Ornaments Pvt. Ltd. Shall Not Be Held Responsible In Any Manner Whatsoever For Any And All Acts Or Omissions Of Any Intermediaries Or Any Other Third Party Whosoever Including (But Not Limited To) Any Person Whose Device Has Been Used By You To Access The Platform And/or Any Person Appointed/Nominated For The Purposes Of Accepting/Collecting Any Payments From You For The Purchase Of Gold.
24. Grievance Redressed Mechanism
In Accordance With The Information Technology Act, 2000 And Rules Made There under:
The Contact Details Of Grievance Officer For The Purposes Of Spg Gold Ornaments Pvt. Ltd.
E-Mail Id: [email protected]
Address: 5th Floor, Snaket, Heights, Atladara, Vadodara 390012
25. Amendments, Acceptance Of Terms
Spg Gold Ornaments Pvt. Ltd. Reserve The Right, To Change, Modify, Add Or Remove Portions Of These Terms At Any Time. Such Changes Shall Be Posted On The Platform And Shall Be Notified To The Customer Prior To Making Such Changes. Notwithstanding Anything To The Contrary, Customer Shall Be Responsible For Regularly Reviewing The Terms, Including Amendments Thereto As May Be Posted On The Platform And Shall Be Deemed To Have Accepted The Amended Terms By Continuing The Use Of Platform.
You May Not Use The Platform Or Avail Yourself Of The Services If You Do Not Accept The Terms Or Are Unable To Be Bound By The Terms. As A Condition Of Your Access To And Use Of The Platform Or The Provision Of Any Services To You Using The Platform, You Agree That You Will Comply With All Applicable Laws And Regulations When Using The Platform. If Spg Gold Ornaments Pvt. Ltd. Is Of The Opinion That The Gold Account Is Being Used By You For Any Unlawful Purpose, Spg Gold Ornaments Pvt. Ltd. Shall Have The Right To Take All Actions Available To It, Including Black-Listing Or Blocking You From Using The Services Through The Platform Or Intimating The Relevant Authorities Of Such Unlawful Activities.
· Please Note, Once An Order For Purchase Or Sale Has Been Confirmed By The Customer, Refunds Or Cancellation Is Not Possible. All Orders Are Final Upon Customer Confirmation
· Deliveries Are Made Only To The Registered Address Of The Customer. Please Keep Proof Of Identity Ready At The Time Of Delivery As It May Be Required For Verification By The Courier Partner. If No One Is Available At The Registered Address To Take Delivery, Delivery Will Be Attempted At Least Once More After Which The Package Will Be Returned To The Vault And The Customer's Balance Will Be Credited Back With The Corresponding Grams Of Gold. Shipping Charges Will Be Payable Again As And When The Customer Asks For Delivery.
· Customers Are Required To Verify That The Package They Are Accepting Has Not Been Tampered With And Is Of Acceptable Quality. Once Delivery Has Been Taken By The Customer, Returns And Refunds Are Not Possible. All Of Our Products Are 100% Certified And There Should Never Be Any Problems With Quality. In The Unlikely Event Of Any Issues, Please Contact [email protected] We, Will, Investigate The Matter To Resolve Any Concerns Or Issues.
· All Prices Are Only Applicable For Use By Our Spg Gold Ornaments
· Gold Buyback Rate Is Applicable Only At Spg Gold Ornaments. To Avail This Rate, The Customer Must Present The Original Invoice
· And The Product Packaging Should Not Tamper. For Other Details Of Our Buyback Policy, Please Contact [email protected]
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