The Customers are advised to read and understand these Terms carefully before using the Services and the same shall be binding on the Customer without any objection.
1. Introduction
These terms and conditions ("Terms of Use") are applicable to the access and/or use of the Application/Platform of “Sarvam Gold Bites Pvt Ltd.”, a Company incorporated under the Indian Companies Act 1956/2013.br/>
This document is an electronic record in terms of the information technology act, 2000 and rules thereunder as applicable and the provisions pertaining to electronic records in various statutes as amended by the information technology act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
This document is published in accordance with the provisions of rule 3(1) of the information technology (intermediaries’ guidelines) rules, 2011 that requires publishing the rules and regulations, privacy policy and terms of use for access or usage of the platform.
The Platform offers Services like buying, selling, Gifting, and redemption of such purchased Gold (as defined below). The purchased Digital Gold can be redeemed from the Online store of the Sarvam Gold Bites Pvt Ltd. or upon placing the redemption request of such Gold/product in such forms as desired by the Customer.
The Platform hereby clarifies that it does not provide any returns or interest with respect to the transactions being materialized through the Platform’s interface. It shall be the responsibility of the Customer to understand the business, transactions, undertake comprehensive due diligence and read all the documents published and recommended by the Platform prior to interacting/transacting on the Platform.
Part I and part II of these terms of use shall be collectively referred to as the ‘terms’ and shall always be read together.
2. Definitions
For 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 “Sarvam Gold Bites Pvt Ltd.” as outlined in these Terms.
“Gold” shall mean 24 Karat gold 99.5% purity, offered to the customers by Sarvam Gold Bites Pvt Ltd under the brand name “Sarvam Gold Bites Pvt Ltd Digital Gold”.
“Bullion” means precious metal like Gold, Silver and/or Platinum purchased by the customer from the platform which shall be in the custody of Sarvam Gold Bites Pvt Ltd.
“Digital Gold Account” shall mean the customer’s Gold saving account created and maintained with the Platform whether by you or otherwise, in accordance with these Terms.
“Digital Gold Account Information” shall mean the information provided by you for the purpose of creation of the Gold Account.
“Customer Request” shall mean a taking 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 Sarvam Gold Bites 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, unauthorized 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 Sarvam Gold Bites Pvt Ltd and which Sarvam Gold Bites Pvt Ltd is not able to overcome.
“Person” shall mean an individual, a corporation, a partnership, a joint venture, trust, an unincorporated organization, and any other legal entity.
“Platform” shall mean and include every point of sale including physical locations like the showroom, any physical place where the purchase can be enabled, the mobile web application, mobile app and website by the name and style of https://goldbites.in/ that the Customer accesses for the transactions, including all contents, services and technology offered through the Platform.
“Payment Gateway” shall mean any electronic modes of payment for the transmission or payment of money;
“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.
3. TERMS AND CONDITIONS OF SERVICES BEING PROVIDED BY Sarvam Gold Bites Pvt Ltd
The Customers are advised to read and understand these Terms carefully before using the Services.
Sarvam Gold Bites Pvt Ltd., a company incorporated under the Companies Act, 1956 with its registered office,Office No.A321 MasterMind 4 Royal Palms, Mumbai-400065 Maharashtra India. (Sarvam Gold Bites Pvt Ltd.) will be selling gold and providing services of safe keeping/vaulting and fulfillment 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 Sarvam Gold Bites Pvt Ltd under its brand name “Sarvam Gold Bites Pvt Ltd Digital Gold”. All of the transactions relating to the Services are being rendered by Sarvam Gold Bites Pvt Ltd.
Sarvam Gold Bites Pvt Ltd does not guarantee any returns, on any transactions consummated vis-à- vis the Platform, to any person, either directly or indirectly. The Customer (hereinafter referred to as you, with the term Your being construed accordingly) shall be solely responsible for undertaking appropriate and effective due diligence and related analysis before undertaking any transactions pursuant to these Terms of Use. You further acknowledge and agree that Sarvam Gold Bites Pvt Ltd and its officers, directors, employees, agents and affiliates will have no liability for your purchase or other decisions using the Platform.
The Services by Sarvam Gold Bites 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 Sarvam Gold Bites Pvt Ltd, you become registered under the Goods and Services Tax Act, 2017, you shall inform Sarvam Gold Bites Pvt Ltd of your change in status immediately, and provide any relevant information and documents, as may be requested.
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 citizens of India, including Non-Resident Indians. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvent and persons of unsound mind are not eligible to use the Platform or the Services.
Any person under eighteen (18) years of age is not eligible to directly register on the Platform and shall not transact on or use the Platform in relation to or for any Services. Legal guardians of persons below eighteen (18) years of age may however register on, transact and use the Platform on behalf of their wards. In respect of such accounts, the following shall apply: (i) the parent/legal guardian hereby undertakes that the use of the Platform and/or the Platform’s Services shall at all times be for the benefit of the minor and Platform shall honour any Transactions / instructions on the assumption that the same are being carried out / provided by the parent/legal guardian for the benefit of the minor without independent verification thereof; (ii) the parent/legal guardian shall indemnify Platform against any and all claims/losses arising on account of use of the Platform and/or Services for and on behalf of the minor; and
4. Safe Keeping/Vaulting Of Gold
Gold purchased by you corresponding to the Customer Order shall be stored with Sarvam Gold Bites Pvt Ltd in its safety vault on your behalf.
You will be provided with free storage for your Customer Gold for such period as more particularly stipulated by Sarvam Gold Bites Pvt Ltd in this regard from time to time at its sole discretion and notified to Customers on the Platform (“Free Storage Period”). After the expiry of the Free Storage Period, Sarvam Gold Bites 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, Sarvam Gold Bites Pvt Ltd is not able to deduct the storage charges because Your gold balance is too low, then Sarvam Gold Bites Pvt Ltd shall be entitled to sell such portion of Your manual Customer Gold stored in the vault that is necessary or required to recover the unpaid storage charges in question.
You hereby authorize Sarvam Gold Bites Pvt Ltd to store such gold products purchased by you, including, but not limited to, gold, coins or jewellery (as the case maybe) in the secured vault on your behalf (Customer Gold). It is hereby clarified that your purchase of the gold corresponding to the Customer Order shall be deemed to be completed and title in relation thereto shall be deemed to have been passed upon such relevant portion of the Customer Gold being stored in the vault on Your behalf or upon a final invoice being issued by Sarvam Gold Bites Pvt Ltd in accordance with these Terms, subject to applicable laws.
To ensure that the Customer Gold stored in such a vault is adequately protected, necessary insurance policy/ies has been obtained. Pursuant to such insurance policy/ies, for any loss or damage to the Customer Gold stored in the vault, you further authorize Sarvam Gold Bites Pvt Ltd to act as your beneficiary under the insurance policy/ies and to take all steps necessary to protect your interests. Any lapse in taking of the insurance policy due to any reason whatsoever shall be the responsibility of the Customer and not Sarvam Gold Bites Pvt Ltd.
While Sarvam Gold Bites Pvt Ltd has taken the necessary insurance policy/ies, in case of occurrence of an event not covered in such insurance policy/ies, the Customer Gold may be at risk. The insurance policy/ies obtained are in line with the global industry practices and cover losses due to fire, lightning, theft, cyclone, earthquake, flood, etc. but do not cover losses due to events such as war, revolution, derelict weapons of war, nuclear radiation, etc.
5. Force Majeure
If performance under these Terms is prevented, restricted, delayed or interfered with by reason of labor 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 Sarvam Gold Bites Pvt Ltd and could not have been prevented by reasonable precautions then Sarvam Gold Bites 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 Sarvam Gold Bites Pvt Ltd shall, in no manner whosoever, amount to a breach of its obligations herein.
6. Termination Of Services by Sarvam Gold Bites Pvt Ltd
Sarvam Gold Bites Pvt Ltd, in its sole discretion, may modify, suspend, or terminate access to or may require the Platform to modify, suspend, or terminate access to, all or any portion of the Platform or Your ability to access any Services through the Platform at any time for any reason including termination for breach of any of these Terms or the Privacy Policy.
These Terms shall further stand terminated:
if Sarvam Gold Bites Pvt Ltd is adjudged bankrupt or declared insolvent;
if Sarvam Gold Bites Pvt Ltd ceases to carry on its business.
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 Sarvam Gold Bites Pvt Ltd;
upon Sarvam Gold Bites 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 of official) for the whole or a substantial part of its property or takes any action towards its reorganization, liquidation or dissolution;
upon an order being made for the winding up, bankruptcy or dissolution of Sarvam Gold Bites Pvt Ltd, or an application is admitted for initiating any corporate insolvency resolution process against Sarvam Gold Bites Pvt Ltd in accordance with Applicable Law.
upon any encumbrancer 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 Sarvam Gold Bites 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 Sarvam Gold Bites Pvt Ltd, or any action has been taken or suffered against Sarvam Gold Bites Pvt Ltd towards liquidation or dissolution or similar reorganization; or
upon the happening of any of the events referred to in Section 6.2, and where there is any insufficiency of Sarvam Gold Bites 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 authorize Sarvam Gold Bites Pvt Ltd to sell any part of the Customer Gold, that is necessary or required to defray such costs and expenses.
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 Sarvam Gold Bites Pvt Ltd liability to you; and consequently, no liability shall accrue in relation to the above.
7. Consequences Of Termination Of Services by Sarvam Gold Bites Pvt Ltd
Upon such termination for any reason whatsoever:
Fractional amounts for gold holdings of less than 1 (One) 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.
You acknowledge that the termination of your access to the Platform and Services may be affected without any prior notice, and the Digital Gold Account may be immediately deactivated or deleted and all related information and/or bar any further access to the Digital Gold Account on the Platform or the Services. Further, you agree that Sarvam Gold Bites 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.
8. 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 Mumbai 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. The venue of arbitration shall be Mumbai, Maharashtra, India.
PART – II
CREATION OF Sarvam Gold Bites Pvt Ltd’ DIGITAL GOLD ACCOUNT AND REGISTRATION OBLIGATIONS
(Legal and Process validations needed)
Before availing the Services, the Customer shall complete the registration process as may be prescribed from time to time. The Customer shall follow the instructions given in the Platform for opening a Digital Gold Account. Sarvam Gold Bites 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 Sarvam Gold Bites Pvt Ltd, the Customer will be required to provide additional documents for fulfilling the KYC requirements. You authorize Sarvam Gold Bites 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 Sarvam Gold Bites Pvt Ltd from time to time. If you have reasons to believe that there is an error in the information furnished by You, You shall immediately provide correct / updated information.
Sarvam Gold Bites Pvt Ltd reserves the right to terminate any Digital 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 Sarvam Gold Bites Pvt Ltd against 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 Sarvam Gold Bites Pvt Ltd in such form and manner as it may deem fit.
Once such documentation and other information is provided by you to Sarvam Gold Bites Pvt Ltd, 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 Digital Gold Account, is subject to verification by Sarvam Gold Bites Pvt Ltd, of the information and documentation provided by you. You hereby grant Sarvam Gold Bites Pvt Ltd permission to conduct such verification, in such form and manner as it may deem fit.
You further acknowledge that Sarvam Gold Bites Pvt Ltd reserves the right for such verification either on registration of the Digital Gold Account or at any time thereafter.
Customer’s Obligations
You will be responsible for maintaining the confidentiality of the Digital Gold Account Information and shall be fully responsible for all activities that occur under the Gold Account. You agree to immediately notify Sarvam Gold Bites Pvt Ltd of any unauthorized use of the Digital Gold Account Information or any other breach of security. Sarvam Gold Bites 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 Sarvam Gold Bites Pvt Ltd or any user or visitor of the Platform due to authorized or unauthorized use of the Gold Account, as a result of your failure in keeping the Digital 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 Sarvam Gold Bites Pvt Ltd has reasonable grounds to suspect that such information is untrue, inaccurate, not correct, incomplete, or not in accordance with these Terms, Sarvam Gold Bites 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.
PURCHASE OF GOLD
You can offer to buy Gold worth ₹10.00 (Rupees Ten Only) and above incremental value thereof at the market linked prices of gold shown / displayed on / at the Platform. Market linked prices means that these quotes are linked to the prices of gold in the commercial Gold 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.
No cash will be accepted through the payment options made available on the Platform, which may include payment at the place of sale and redirection to a Payment Gateway hosted by another third-party website or platform, including by Sarvam Gold Bites Pvt Ltd. At the time of purchase / fulfillment / 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 online payment fails for any reason whatsoever.
Sarvam Gold Bites 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 Sarvam Gold Bites Pvt Ltd. is of the opinion that you are not eligible to purchase gold. The Digital Gold Account shall accordingly stand amended. Sarvam Gold Bites Pvt Ltd. shall have the right to freeze the Digital Gold Account until it receives KYC and other documentation in a form and manner satisfactory to Sarvam Gold Bites Pvt Ltd.
Once the payments are received by Sarvam Gold Bites Pvt Ltd and the KYC information is found acceptable, Sarvam Gold Bites 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, Sarvam Gold Bites Pvt Ltd shall be entitled to accept or reject a Customer Order, 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 Sarvam Gold Bites 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.
REDEMPTION OF THE GOLD
You may choose to, (i) sell back partially or fully to the Sarvam Gold Bites Pvt Ltd, Gold for cash into Your Customer Bank Account/UPI account, or (ii) redeem Gold for any jewellery Products. It is hereby clarified that Your purchase of the jewellery Products corresponding to a redemption request shall be deemed to be completed and title in relation thereto shall be deemed to have been passed to You, upon entering the redemption OTP at the retail store of the Jeweler/Seller. In order to redeem the Gold currently in the Secured Vault, the Customer shall put in a redemption request through the Platform. The Jeweler/Seller shall receive an OTP and convey the same to the Customer at the retail store for completing the redemption process.
Redemption of Digital Gold for cash:
You can sell Gold on any day at the Displayed Price of the relevant Gold shown on the Platform.
It must be noted by the Customer that You shall be provided the option to sell-back Gold only upon the expiry of at least Three (3) days from the purchase of such Gold;
You will be required to place a sale order on the Platform. At the time of placing a redemption request, You must confirm details of Your Customer Bank Account; and
Upon Your sale order being placed, the Platform shall process the sale of gold from the gold balance in Your Digital Gold Account. Sale proceeds shall be credited directly to Your Customer Bank Account within the time period notified to You on the Platform.
Redemption of Digital Gold for jewellery from the Sarvam Gold Bites Pvt Ltd Online store:
You may redeem Your Digital Gold balance by converting the Gold into jewellery of your choice from the options made available by the Sarvam Gold Bites Pvt Ltd at its retail store. You will be required to place a redemption order on the Platform;
Upon reaching the Sarvam Gold Bites Pvt Ltd retail store, and after having verified You as a bonafide Customer, the Sarvam Gold Bites Pvt Ltd shall receive an OTP. The Sarvam Gold Bites Pvt Ltd shall communicate to You the OTP, which You shall enter on the Platform;
You may choose Your jewellery from designs available with the Sarvam Gold Bites Pvt Ltd and You will be required to pay the applicable making charges and/or any balance Gold or stone charges directly to the Sarvam Gold Bites Pvt Ltd at the retail store during the redemption process;
You shall take the delivery of the newly prepared jewellery from the respective Sarvam Gold Bites Pvt Ltd. online store and also provided You an invoice for the jewellery or the making charges, as per the requirements of the redemption
You may choose to deliver the Gold bought by You on the Platform to the respective Sarvam Gold Bites Pvt Ltd. store to buy jewellery available with the Sarvam Gold Bites Pvt Ltd. in exchange for the same.
For such a transaction, the Sarvam Gold Bites Pvt Ltd. shall prepare an invoice for the total amount of jewellery bought by You at the online store at the time of exchange/purchase. The value of the Gold will be as per the rate of Gold applicable on such date of exchange/purchase. The total amount payable by You for such form of redemption shall be the balance amount calculated by the Sarvam Gold Bites Pvt Ltd. for the exchange/purchase and the GST on the total amount mentioned in the invoice; and
Each online redemption by You,(being transferred to Your Customer Bank Account) or for redemption via purchase of jewellery, shall automatically result in a corresponding physical reduction in total gold balance lying to the credit of Your digital gold Account. Once a redemption is made as per Your instructions, Your digital gold Account and Secure Vault will be updated accordingly for Gold balance. In the event You have chosen to redeem Gold for jewellery, fractional amounts for Gold holdings of less than one (1) gram may be sold in cash in pursuance thereto will be remitted to Customer Bank Account. You may also choose to retain the fractional amounts of Gold, as Gold in the Digital Gold Account and not redeem the same.
Redemption of Gold via home delivery:
The Platform provides option of redeeming the purchased Gold through home delivery Service offered by the Sarvam Gold Bites Pvt Ltd. subject to availability of service; (As of now the facility not available)
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.
Subject to these Terms and the Privacy Policy, You hereby grant to Sarvam Gold Bites Pvt Ltd. a non- exclusive, worldwide, royalty-free right to (a) collect, store and transmit Your data, in each case solely to the extent necessary to provide the Services to You, and (b) share Your data or interact with other people, to distribute and publicly perform and display Your data as You direct or enable through the Services. You will provide Your consent to Sarvam Gold Bites Pvt Ltd. as may be required under applicable law for the use and/or sharing of any data generated by You when purchasing Gold or otherwise using the Platform for any services related to the purchasing of the Gold in such manner as Sarvam Gold Bites Pvt Ltd. may stipulate in this regard. Your data will continue to be governed by confidentiality obligations outlined in Section 21.
You represent and warrant that: (i) You have obtained all necessary rights ,releases and permissions to provide all Your data to Sarvam Gold Bites Pvt Ltd. and to grant the rights granted to Sarvam Gold Bites Pvt Ltd. in these Terms and (ii) Your data and its transfer to and use by Sarvam Gold Bites Pvt Ltd. as authorized by You under these Terms do not violate any laws or rights of any third party, including without limitation any intellectual property rights, rights of privacy, or rights of publicity, and any use, collection and disclosure authorized herein is not inconsistent with the terms of any applicable privacy policies. Other than its security obligations under these Terms and the Privacy Policy, Sarvam Gold Bites Pvt Ltd. assumes no responsibility or liability for Your data, and You shall be solely responsible for Your data and the consequences of using, disclosing, storing, or transmitting it.
Sarvam Gold Bites Pvt Ltd shall not be held liable for any loss of data, technical or otherwise, information, or for particulars supplied by You, due to reasons beyond its control like corruption of data or delay or failure to perform as a result of a Force Majeure Event.
Sarvam Gold Bites 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.
Sarvam Gold Bites Pvt Ltd. strives to keep the Services up and running; however, all online services suffer occasional disruptions and outages. Sarvam Gold Bites Pvt Ltd. are not liable for any disruption or loss You may suffer as a result.
Sarvam Gold Bites Pvt Ltd. may discontinue some or all of the Services, including certain features and the support for certain devices and platforms, at any time.
SUSPENSION / CLOSURE OF GOLD ACCOUNT
Sarvam Gold Bites Pvt Ltd. may, at its discretion, suspend Gold Account of Customers, if there appears to be fraudulent or suspicious activity in the account. If Sarvam Gold Bites Pvt Ltd. is of the opinion that You are involved in any unlawful activity or the Gold Account is used for any unlawful purpose by you or any third party, Sarvam Gold Bites 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.
Sarvam Gold Bites 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 2 Days (48 hrs)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 Sarvam Gold Bites Pvt Ltd., in electronic 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.
FEES
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), has 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, Sarvam Gold Bites 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:
Lack of authorization for any transaction(s), or exceeding the preset limit mutually agreed by you and between bank/s and other institutions used by you in making payment, or any payment issues arising out of the transaction, or Rejection of transaction for any other reason(s) whatsoever.
Sarvam Gold Bites 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 Sarvam Gold Bites Pvt Ltd it also reserves the right to take legal action
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 insolvent 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 transaction or use the Platform in relation to or for any Services. Sarvam Gold Bites 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 Sarvam Gold Bites Pvt Ltd. notice or if it is discovered that such Person is not eligible to use the Platform and/or any Service.
ABSENCE OF RELATIONSHIP
YYou represent and warrant to Sarvam Gold Bites 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 either by Sarvam Gold Bites Pvt Ltd. and that Sarvam Gold Bites 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 and Sarvam Gold Bites Pvt Ltd.
You acknowledge that Sarvam Gold Bites Pvt Ltd. is not providing / dealing in / offering any investment product and does not offer any guarantee / assured returns. You further acknowledge that the value of Gold may vary depending on various factors and forces.
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 Sarvam Gold Bites Pvt Ltd. Therefore, Sarvam Gold Bites 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 Sarvam Gold Bites Pvt Ltd.’s control or anticipation.
FEEDBACK
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 make available on the Platform. You represent that all such Reviews will be in accordance with applicable law. You acknowledge that Sarvam Gold Bites Pvt Ltd. does not endorse any Reviews on the Platform and is not responsible or liable for any Reviews. Sarvam Gold Bites Pvt Ltd. reserves the right to disable access to the Reviews on the Platform.
You hereby grant Sarvam Gold Bites 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 Sarvam Gold Bites Pvt Ltd. in any form including but not limited to print, broadcast, online and across any and all websites and platforms owned by Sarvam Gold Bites Pvt Ltd..
You further represent and warrant that while posting any Reviews on the Platform You shall not use any offensive, libelous, 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.
CONFIDENTIALITY
As elaborated under the Privacy Policy, Sarvam Gold Bites Pvt Ltd. will keep all confidential information confidential, including your personal information, and shall not disclose it to anyone except as required by law, and shall ensure that such confidential information is protected with security measures and a degree of care that it would apply to its own confidential information. Sarvam Gold Bites Pvt Ltd. acknowledges that its employees, directors, agents and contractors shall use the confidential information only for the intended purpose for which it is provided. Sarvam Gold Bites Pvt Ltd. shall use all reasonable endeavours to ensure that its employees, directors, agents and contractors acknowledge and comply with the provisions of these Terms of confidentiality as if such person was subject to these Terms of confidentiality.
CONTENT AND INTELLECTUAL PROPERTY RIGHTS
Sarvam Gold Bites 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 Sarvam Gold Bites 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 Sarvam Gold Bites 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 Sarvam Gold Bites Pvt Ltd. and such others. You thereby agree to protect the proprietary rights of Sarvam Gold Bites 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.
LINKS TO/FROM THIRD PARTIES' WEBSITES/APPLICATIONS
The Platform may contain links and interactive functionality interacting with the websites / locations of third parties. Sarvam Gold Bites Pvt Ltd. is not responsible for and has no liability for the functionality, actions, inactions, privacy settings, privacy policies, terms, or content of any such website / physical locations. Before enabling any sharing functions to communicate with any such website or otherwise visiting any such website, Sarvam Gold Bites 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.
INDEMNIFICATION
You hereby agree to indemnify and keep Sarvam Gold Bites Pvt Ltd. indemnified from and against all actions, claims, demands, proceedings, losses, damages, costs, charges and expenses, directly or indirectly, whatsoever (“Losses”) which Sarvam Gold Bites 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 Sarvam Gold Bites 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.
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 Sarvam Gold Bites Pvt Ltd ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. Sarvam Gold Bites 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. Sarvam Gold Bites 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. Sarvam Gold Bites 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, Sarvam Gold Bites 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.
LIMITATION OF LIABILITY
You hereby acknowledge that Sarvam Gold Bites 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. Sarvam Gold Bites 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 Sarvam Gold Bites 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.
GRIEVANCE REDRESSAL MECHANISM
In accordance with the Information Technology Act, 2000 and Rules made thereunder:
The contact details of Grievance officer for the purposes of Sarvam Gold Bites Pvt Ltd are E-mail ID: goldbitesindia@gmail.com
AMENDMENTS, ACCEPTANCE OF TERMS
Sarvam Gold Bites Pvt Ltd. reserves 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.
Accessing, browsing or otherwise using the Platform indicates your agreement to all the terms and conditions under these Terms. You are advised to read these Terms carefully before proceeding. By impliedly or expressly accepting these Terms, You also accept and agree to be bound by all policies, including but not limited to the privacy policy of Sarvam Gold Bites Pvt Ltd. (“Privacy Policy”), as amended from time to time. You can view and read the Privacy Policy of Sarvam Gold Bites Pvt Ltd. at https://goldbites.in/.
You may not use the Platform or avail 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 Sarvam Gold Bites Pvt Ltd is of the opinion that the Gold Account is being used by you for any unlawful purpose, Sarvam Gold Bites 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.