TERMS AND CONDITIONS OF ‘GOLD / SILVER ACCUMULATION PLAN’ or ‘GAP’
These “terms” and “Conditions of Use” (“Terms”) constitute an electronic record within the meaning
of the applicable laws. This electronic record is generated by a computer system and does not require
any physical or digital signatures. These Terms shall be in addition to and not in derogation to any
other terms as stipulated from time to time. By transacting for GAP on the Platform, you are agreeing
to and accept these Terms and Conditions.
1. In these Terms, references to “you”, “your” or “Customer” shall mean the counterparty who transacts using the Partner Platform, being a natural person, buying Gold / Silver from MMTC-PAMP, redeeming Gold / Silver in the form of redeemable products sold by MMTC-PAMP, transfer by Customer(s) to other Customer(s), selling back Gold / Silver to MMTC-PAMP and receiving other related services in relation to GAP. “Platform” shall mean the platform (website, mobile apps, others) owned and operated by MMTC PAMP that the Customer accesses for the GAP transactions, including all contents, services and technology offered through the Platform. “Partner Platform” shall mean, and include, the platforms (website, mobile apps, others) owned and operated by third party partners of MMTC-PAMP (“Partner” or “GAP Partner”), that the Customer accesses for the GAP transactions, including all contents, services and technology offered through the Partner Platform. “Service Providers” mean independent third-party service providers. References to the “Seller”, “MMTC-PAMP”, “we”, “us” and “our” shall mean MMTC-PAMP India Private Limited, the owner of the GAP offering and the entity that will sell Gold / Silver. “Transfer” refers to a facility to transfer Gold / Silver from Gold / Silver account of one Customer to Gold / Silver account of another Customer(s).
2. Capacity to enter into these Terms
a. the Customer is of legal age and is under no legal disability or incapacity as per applicable laws, to enter into, these Terms and the transactions contemplated by it, and perform its obligations; and
b. the Customer is not insolvent.
3. The Customer represents and warrants that these Terms constitute a legal, valid and binding obligation of the Customer and that all orders to be placed and transactions to be conducted under these Terms are lawful.
4. In executing and giving effect to these Terms, the Customer does not and will not infringe any provision of any other document or agreement to which the Customer is a party, nor any law or judgment / order binding upon it.
5. MMTC–PAMP, reserves the right to change these Terms at any time at its sole discretion. Such changes will be effective when posted on the Partner Platform and on the Platform, as the case maybe and shall be deemed to be notified to the Customer accordingly. Notwithstanding anything contrary, Customer shall be responsible for regularly reviewing the Terms, including amendments thereto as may be posted on the Partner Platform and the Platform, as the case maybe and shall be deemed to have accepted the amended Terms by continuing the use of Partner Platform and/ or the Platform, as the case maybe.
6. MMTC-PAMP shall be entitled to collect, store, use and share relevant information and
documents provided by the Customer on the Partner Platform and the Platform, as the case
maybe for KYC purposes and; other purposes as permissible under applicable laws, however,
in case of usage of information for other purposes, MMTC-PAMP shall intimate the same to 2 the Customer about such usage of their data provided on the Partner Platform and/ or the Platform, as the case maybe. Further, as and when required by MMTC-PAMP, the Customer will be required to provide additional documents for fulfilling the KYC requirements. You authorize MMTC-PAMP to make such enquiries as it may feel necessary to satisfy itself about the validity of your identity. You undertake to update us in case of change of your existing information including but not limited to your address, phone number, mobile number, email ID etc. or verification documents provided by you.
7. We reserve the right to deactivate your Gold / Silver account, in the event you fail to provide KYC documents / information to MMTC-PAMP / Partner within required timelines. The Gold / Silver account may be activated only upon submission of relevant documents. The Customershall ensure that all information supplied to MMTC-PAMP / Partner by the Customer is, or at the time it is supplied will be, accurate in all material respects and the Customer will not omitor withhold any information which would make such information inaccurate in any material respect. You shall be responsible for the correctness of information provided by you to MMTC- PAMP / Partner from time to time. MMTC-PAMP will not be responsible for the incorrectness of KYC documents / information provided by you. If at any time MMTC-PAMP finds that the KYC documents are incorrect or authenticity of such KYC is doubtful, MMTC-PAMP may, at its sole option, deactivate or close your Gold / Silver account. If you have reasons to believe that there is an error in the information furnished to MMTC-PAMP / Partner, you shall
immediately advise MMTC-PAMP and Partner in writing and forthwith provide correct / updated information. The Customer authorizes MMTC-PAMP to pass on / deliver all such information and documents to any third person.
8. MMTC-PAMP reserve the right to indefinitely suspend or terminate or block access to any Gold
/ Silver account on the Partner Platform and the Platform, as the case maybe, 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 MMTC-PAMP 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.
9. You can offer to buy Gold / Silver worth Rs. 1.00 (Rupee One Only) and above incremental value thereof at the live purchase price of Gold / Silver of 999.9 purity displayed on the Partner Platform and the Platform, as the case maybe. Where errors have occurred in the pricing of transactions displayed on the Platform and/ or the Partner Platform to the Customer, MMTC-
PAMP, reserves the right to not be bound by such a quote or transaction. Due to delayed transmission between the Customer and Partner, the price offered on Partner Platform and/ or the Platform may have changed before an order from the Customer is received by Partner and/or MMTC-PAMP, as the case maybe. MMTC-PAMP reserves the right to cancel or reverse the
transaction whether before or after transaction confirmation. MMTC-PAMP further reservesthe right to credit / debit Gold / Silver / Silver / Silver balance in your Gold / Silver / Silver / Silver account on account of cancellation or reversal of any transaction(s).
10. Payment will be accepted only through payment options made available on the Platform and the Partner Platform, as the case maybe. At the time of purchase / redemption / sale-back / Transfer of Gold / Silver, the relevant taxes will be chargeable as applicable as per the Government regulations. MMTC-PAMP will not be responsible for any wrong / erroneous
credit / debit from Customer’s bank account / wallet and / or services provided by the payment
solution engaged in case of misinformation or wrong information from GAP Partner. GAP Partner will not be responsible for any wrong / erroneous credit / debit from Customer’s bank account / wallet and/ or services provided by the payment solution engaged in case of misinformation or wrong information from the Customer. Before making any offer for purchase
of Gold / Silver, you understand and acknowledge that Issuance of Invoice at the time of Purchase of Gold / Silver, only records making of an offer by you for purchase of the quantity of Gold / Silver stated therein and does not create any right, title or interest in the quantity of the Gold / Silver stated therein and/or against MMTC-PAMP. The right, title and interest in the
quantity of Gold / Silver stated in the invoice will only accrue upon acceptance of such offer by MMTC-PAMP and upon actual receipt of sale consideration by MMTC-PAMP.
11. At the time of redemption, the Customer can select redeemable product for redemption from
catalogue of redeemable products. These redeemable products will be hosted on the Partner Platform and the Platform, as the case maybe. The list of redeemable products may be altered, changed and amended by MMTC-PAMP from time to time at its sole discretion.
12. At the time of redemption in physical deliverable product form, the Customer will pay
additional manufacturing and delivery charges and applicable taxes on the same. The redeemable product selected from the catalogue for delivery shall be subject to availability of stock with the MMTC-PAMP. MMTC-PAMP shall be responsible for the delivery of the product(s) to the Customer and the GAP Partner shall not be liable for the same in any manner whatsoever unless otherwise agreed between MMTC-PAMP and the Partner, separately.
13. For each confirmed purchase of Gold / Silver by the Customer, MMTC-PAMP will be the custodian of the Gold / Silver, till such Gold / Silver is lying in your Gold / Silver account subject to terms herein. The Gold / Silver purchased by you will be allocated and stored in highly advanced and secured vaults of MMTC-PAMP or such third-party vaults as authorized
by MMTC-PAMP across various locations for operational reasons in order to provide you with services in an efficient manner, with full insurance cover.
14. The Customer will have the option of redeeming and asking for physical delivery of the full or
part of the accumulated Gold / Silver holding, in the form of redeemable products starting from 1 (One) gm and above. The residual fractional Gold / Silver remaining, upon redemption by you of the entire Gold / Silver holding, can be sold back by you to us at the live sell-back price of Gold / Silver of 999.9 purity and the corresponding amount against the residual fractional
Gold / Silver sold by you will be credited to your designated bank account.
15. Once the redemption has been initiated by you and payment received then your Gold / Silver
grams will be debited accordingly from your Gold / Silver account.
16. MMTC-PAMP may also, from time to time in future, offer / permit the Customer to sell-back
its Gold / Silver to MMTC-PAMP at prevailing live sell-back price of Gold / Silver of 999.9 purity, during the offer period as may be announced / permitted by MMTC-PAMP. The money against the Gold / Silver sold by a Customer would be credited to the Customer’s bank account as per the details provided by the Customer.
17. Live purchase price of Gold / Silver will be displayed on the Partner Platform and the Platform, as the case maybe and is subject to change from time to time. At the time you make request for redemption / sell-back, the value of Gold / Silver / quantity of Gold / Silver to be redeemed / sold back will be displayed based on live sell-back price of Gold / Silver. The live purchase price of Gold / Silver and live sell-back price of Gold / Silver may vary and also may be different from that available in the open market and / or in any other retail outlet. Your offer may be rejected due to any issue with the transaction and money paid by you, if any, will be refunded.
In such an event if you still wish to offer to purchase Gold / Silver or sell-back residual fractional Gold / Silver, you may make another offer at the changed price. MMTC-PAMP and GAP Partner disclaims any and all claims and / or liabilities arising from such non-acceptance of offer or revision in prices.
18. While availing any of the payment method(s) available on the Partner Platform and the
Platform, as the case maybe, MMTC-PAMP and the GAP Partner will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to the Customer due to:
a. Lack of authorization for any transaction(s);
b. Exceeding the preset limit prescribed by MMTC-PAMP;
c. Illegitimacy of the payment methods (credit / debit card frauds etc.) being used by a
Customer;
d. Temporary discontinuation of invitation to offer or offer to sell back;
e. Any unauthorized, inaccurate or fraudulent transactions and / or for any chargeback
transactions; and / or,
f. Decline of transaction for any reason(s) whatsoever.
19. MMTC-PAMP may, at its discretion, prescribe maximum individual / cumulative limits for Customer(s) to accumulate Gold / Silver, purchase Gold / Silver, redemption of Customer redeemable Gold / Silver, Transfer or sell back of Gold / Silver or any other transaction under GAP from time to time and reserves the right to refuse to accept order exceeding such limit.
MMTC-PAMP may at its discretion, prescribe maximum individual / cumulative transaction limits on GAP from time to time, and reserves the right to refuse to accept order exceeding such limit.
20. At any point of time on any day MMTC-PAMP may temporarily discontinue the invitation to offer purchase of Gold / Silver under GAP for any reason whatsoever.
21. MMTC-PAMP may, at its discretion, close down, suspend and / or migrate the Gold / Silver
account of Customer(s), if (a) the Custody Period has expired; and / or (b) MMTC-PAMP decides to discontinue the GAP scheme and / or (c) any other reason(s) as may be determined by MMTC-PAMP. In such event(s) the Customer can redeem the Gold / Silver accumulated by him/her in his/her Gold / Silver account, and take delivery of the redeemable products and sell
back to MMTC-PAMP the residual fractional Gold / Silver lying in his / her Gold / Silver account at the live sell-back price of Gold / Silver. Further, if the open sale back window is made available by MMTC-PAMP, then the Customer may sell back the product in his/her Gold / Silver account in whole or in part. The redemption and sell back by the Customer shall be as per terms prescribed by MMTC-PAMP’s in the notice given for exercising the right to close, under this clause. For the purpose of this clause, ‘Custody Period’ shall mean a period of 5 years from the date of last purchase / receipt of Gold / Silver in the Gold / Silver account of the Customer. In the event the Customer(s) fails, neglects or chooses not to redeem and / or sell-back, as applicable, their Gold / Silver holdings within the time prescribed, then MMTC-PAMP will be entitled to levy on Customer(s), custody charges at the rate of up to 0.5% (zero-point five percent) per annum of the value of the Gold / Silver balance of the Customer held in the custody of MMTC-PAMP. The custody charges will be deducted from the Gold / Silver balance of the Customer as per frequency determined by MMTC-PAMP. In the event that MMTC- PAMP does not exercise its’ discretion to close down the Gold / Silver account of Customer(s) in terms of this clause, Customer(s) can continue their Gold / Silver account by paying the custody charges as provided above.
22. The Customer will not be entitled to make an offer for delivery if the zip code of delivery address is outside serviceable areas. At time of redemption the Customer will be required to provide full delivery address. In the event the Customer(s) chooses the delivery address outside the serviceable areas or if the delivery address subsequently becomes unserviceable, then on being notified, Customer may sale-back the Gold / Silver during the open sale back window as per Terms herein. This is not applicable in case the delivery services are being offered by the GAP Partners.
23. All redeemable products selected for delivery by Customer for redemption, shall be delivered
within India as per instructions of the Customer through our logistics partners. All deliveries where applicable shall be made on a best-efforts basis, and while MMTC-PAMP will endeavour to deliver the products on the dates intimated, MMTC-PAMP disclaims any claims or liabilities arising from any delay in this regard. Unless otherwise agreed between MMTC-PAMP and the GAP Partner, the GAP Partner shall not be involved in the delivery of the product to the Customer and shall not be held accountable for it in any manner whatsoever.
24. Delivery by the logistics partners designated by MMTC-PAMP from time to time shall be completed only after verification through an OTP (One-Time Password) sent to the registered mobile number or such other verification / authentication system that may be adopted by MMTC-PAMP from time to time for delivery of Gold / Silver. In case the Customer wishes to change the mobile number or address provided, a formal request shall be raised for the same via Partner Platform or the Platform, as the case maybe. The logistics partner of MMTC-PAMP will make a maximum of three attempts to deliver your order. After three attempts Gold / Silver coin will be delivered back to MMTC-PAMP and Customer will need to put the fresh request
for the redemption. This is not applicable in case the delivery services are being offered by the GAP Partners.
25. In case Customer doesn’t get the delivery due to any reasons attributed to MMTC-PAMP or its
delivery partner then the Customer will get the refund of making and delivery charges.
26. In case delivery doesn’t happen due to unavailability of the Customer or any other reason
attributed to the Customer then, MMTC-PAMP shall not be liable for refund of making and
delivery charges.
27. Any Customer disputes, grievances, complaints, queries or issues with respect to the transaction
including with respect to the quality and merchantability, shall be directed to the Partner or
MMTC-PAMP, as the case maybe, by the Customer and will be subject to the Terms herein and
addressed as per the grievance redressal policies for the GAP products and services.
28. MMTC-PAMP shall not be liable to directly entertain any such disputes, grievances,
complaints, queries or issues. Except in a situation where the user has dealt directly with
MMTC-PAMP’s website/platform / mobile app to buy digital gold / digital silver
29. MMTC-PAMP and Partner Platform shall not be liable / responsible, in any manner whatsoever,
for any loss / liability arising out of or relating to any technical failure / issue in Partner Platform
or the Platform, as the case maybe, MMTC-PAMP shall not be liable / responsible, in any
manner whatsoever, for any loss / liability arising out of or relating to any technical failure /and
/ or acts/ omission attributable to Partner and/or Retailers, agents, employees, subcontractors,
distributors etc appointed/engaged by the Partner.
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30. Notwithstanding anything contrary contained herein, the Customer acknowledges that from
time to time, and for any reason, the service, the interface and API work, and their respective
information, pricing and data, and availability are subject at any time and from time to time to
human, mechanical , typographic, or other errors, oversights, mistakes, limitations, delays,
service interruptions, including, without limitation, as may be due in whole or in part to, related
to or arising out of (i) computer hardware and software, telecommunication and operating
systems, databases, or business processes and procedures, (ii) other problems inherent in, or
which may be associated with, the use of the internet and electronic communications including,
without limitation, force majeure event, government / regulatory actions, orders, notifications
etc. and / or and acts and omissions of third parties etc. affecting or impacting the service, the
interface or the API work, its information and data, or such communications. Customer
acknowledges and agrees that MMTC PAMP and the GAP Partner are not responsible or liable
whatsoever for delays, failures, or other loss due to, caused by or resulting from any such
problems, in whole or in part. If your Gold / Silver account is over credited or wrongfully
credited / debited, then MMTC PAMP has right to reverse / cancel without notice or require
cancellation / reversal of such transaction at its sole discretion and debit / credit the Gold /
Silver to / from your Gold / Silver account, as the case may be.
31. Upon MMTC-PAMP confirming the purchase, redemption, sale-back of Gold / Silver in his /
her Gold / Silver account by Customer, the order / request of Customer to purchase / redemption
/ sale-back / Transfer of Gold / Silver, as the case may be, shall be binding on the Customer and
cannot be cancelled.
32. The Customer shall inform immediately, in any case no later than 30 days of the transaction, of
any irregularities or discrepancies that may exist in his / her Gold / Silver account, failing which
it shall be deemed that there is no error or discrepancies in the account. All records maintained
by MMTC-PAMP / Partner, 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.
33. The Customer understands and acknowledges that any purchase, suspension of sale of products,
redemption, Transfer or sale-back from / to Gold / Silver account / Transfer of Gold / Silver
will be on instructions received by the Customer, and the Customer will not violate any
applicable laws or regulations for the time being in force in or outside India. The Customer
shall be solely responsible for complying with applicable laws in respect of purchase,
suspension of sale of products, redemption, Transfer or sale-back to and from the Gold / Silver
account, Transfer of Gold / Silver including but not limited to the Prevention of Money
Laundering Act, 2002, the Prohibitions of Benami Property Transactions Act, 1998, Income
Tax Act, 1961 etc. including amendment thereof. Customer also agrees and undertakes that he
/ she will not open any account in the name of any minor. MMTC-PAMP will not be liable in
any manner in this regard.
34. The Customer feedbacks pertaining to products shall be deemed to be non-confidential and
non-compensatory in nature. MMTC-PAMP reserves the right, at its sole discretion to use such
information and such use shall be entirely unrestricted. The Customer hereby irrevocably
authorizes MMTC-PAMP to disclose, exchange, share or part with all the information relating
to the Customer’s details and payment history information and all information pertaining to
Customer’s GAP transaction and undertakes not to hold MMTC-PAMP and / or / its affiliates
and other group companies and their agents liable for use of the aforesaid information. GAP
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Partner shall not be held accountable for the actions undertaken by MMTC-PAMP regarding
the usage of information provided by the Customer.
35. In the event of termination / expiry of MMTC-PAMP’s arrangement with Partner, the Customer
will be notified and the Customer will have the option to either: (i) continue with its Gold /
Silver account with MMTC PAMP; or (ii) discontinue with its Gold / Silver account with
MMTC-PAMP. If Customer chooses to continue with the Gold / Silver account of the Customer,
their Gold / Silver account will be migrated in the manner notified by MMTC-PAMP to the
Customer and Customer agrees to provide such support and information as may be required for
the purpose of transition / migration. If Customer chooses to discontinue with the Gold / Silver
account of the Customer, then the Customer shall have the option to redeem the entire product
in his Gold / Silver account and take delivery of redeemable product and sell-back residual
fractional Gold / Silver at the live sell-back price of Gold / Silver. In case of open sale back
window, may sell-back the entire product in his/her Gold / Silver account, at the then prevailing
live sell-back price of Gold / Silver. In addition, MMTC-PAMP may notify the Customer on
other available similar options / plans on the Partner Platform, and the Customer, may choose
to avail of any of such options provided by MMTC-PAMP by following simple steps notified
in that regard. If the Customer fails to redeem the product in the Gold / Silver account within
the prescribed time, MMTC-PAMP will be entitled to charge custody charges as per clause 20
of these Terms. MMTC-PAMP and GAP Partner will not be liable for any loss, claim, demand,
liability etc. arising on account of termination / expiry of MMTC-PAMP’s arrangement with
Partner.
36. MMTC-PAMP will not, at any time, and under any obligation, be required to transfer physical
Gold / Silver of Customers in its custody to any other person / platform. However, given that
such Gold / Silver of Customers is not, at all times, segregated and identifiable for each
Customer and such Gold/ Silver is collocated along with MMTC-PAMP’s own gold/ silver,
MMTC-PAMP shall have the right to use such Gold / Silver in a fungible manner across
locations such that it does not affect the quantity of the Gold/ Silver owned by the Customer in
the custody of MMTC-PAMP in any manner whatsoever.
37. These Terms shall be governed by and interpreted and construed in accordance with the laws
of India. The courts in New Delhi shall have exclusive jurisdiction in respect of any matters
arising therefrom.
38. In the event any dispute arises out of or in connection with the Terms herein vis-à-vis the
Customer, including the validity hereof, the parties hereto shall endeavour to settle such dispute
amicably in the first instance. The attempt to bring about an amicable settlement shall be treated
as having failed as soon as one of the parties hereto, after reasonable attempts, which shall
continue for not less than 15 (Fifteen) calendar days, gives a notice to this effect, to the other
party in writing.
39. Accounting Treatment: The accounting treatment of the Gold/ Silver purchased by the
Customer and in the custody of MMTC-PAMP pursuant to GAP may differ based on inventory
methods, revenue recognition and other factors in accordance with the applicable laws
including, but not limited to the Indian Accounting Standards.
40. Phishing: In the event that you receive an email falsely claiming to be from MMTC-PAMP or
another group entity, or requesting personal data and / or sensitive personal data or information
(“Phishing”), you agree that you will not provide any information or data in response and you
will contact Partner’s Customer Service team without delay. MMTC-PAMP agrees that it will
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never ask you to provide your password over email or telephone. Should you receive an email
or telephone call which you suspect is Phishing or you are unsure about, you agree that you will
report the phishing email or spoof site without delay in order to protect yourself and fellow
Customers. You understand that you should not click any links from unusual emails or
download any attachments in order to access your Gold / Silver / Silver Account.
41. Fraudulent Activity: If MMTC-PAMP suspects that fraudulent activity has taken place within
your Gold / Silver account, in order to protect you, you understand that we may temporarily
freeze your Gold / Silver account to prevent any further or continuing unauthorized activity.
42. Usage and Proprietary Rights: You agree that any information or data relating to, processed
or created in connection with, content or operation of the GAP is confidential and proprietary
to MMTC-PAMP, and that you will refrain from disclosing such information to any third party
except where required by Applicable Law.
43. Customer representations and warranties:
a. The Customer is bound by the applicable GAP product laws, applicable operating rules,
customs, usages and practices.
b. The Customer is not insolvent.
c. MMTC-PAMP relies on representations and warranties made by the Customer. These
representations and warranties and those contained elsewhere in these Terms, survive
the entering into of these Terms and are repeated in respect of each GAP product
transaction. The Customer warrants and agrees that any person who is in possession of
any password is authorized by the Customer, and the Customer acknowledges that they
will be responsible for any actions on their account associated with the use of its
password. The Customer agrees to notify MMTC-PAMP immediately should the
Customer become aware of any unauthorized use, loss or theft of the Customer’s,
username, password or account numbers; or inaccurate information with respect to the
content of statements including, cash balances, open positions or transaction history.
44. Risk Disclosures:
The Customer represents and warrants to MMTC-PAMP that:
a. they have received, read, understood and accepted the risk disclosures provided herein
in relation to the GAP products contained herein;
b. the Customer acknowledges, recognizes and understands that investment in GAP may
involve a degree of risk and loss;
c. the Customer has read these Terms and understands that, UNLESS SPECIFICALLY
AGREED WITH MMTC-PAMP AND UNLESS A STATEMENT OF ADVICE HAS
BEEN PROVIDED, MMTC-PAMP has only provided general advice, and the
Customer has considered its objectives and financial situation and has obtained
appropriate independent advice prior to entering into these Terms and has formed the
opinion that dealing in the GAP products is suitable for the Customer’s needs and
purposes;
d. The Customer acknowledges that neither MMTC-PAMP nor any associated entity
guarantees the performance of any given GAP product or account nor that any GAP
product or account will achieve a particular rate of return;
e. The Customer further acknowledges that the Partner Platform and the Platform is
merely a technical platform facilitating the transaction as contemplated herein, and
nothing contained herein or on the Partner Platform shall be considered as an advice or
recommendation of any kind. GAP Partner and MMTC-PAMP shall not be liable for
any loss or damage caused to the Customer in this regard.
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45. Customer acknowledgements:
The Customer acknowledges to MMTC-PAMP that:
a. He / she will not receive interest or other earnings on the Gold / Silver held in the Gold
/ Silver account. The use of the Platform and any services of MMTC-PAMP does not
constitute a trading of, or an exchange in, securities, investment contracts, or any
document, instrument, or writing commonly known as a “security”, at law or otherwise;
b. Anything MMTC-PAMP is permitted to do in accordance with these Terms may be
done in its absolute discretion, and any opinion or view required to be formed by
MMTC-PAMP may be formed in its absolute discretion;
c. The Customer’s failure to observe any of the undertakings or representations may result
in civil or criminal liability, as well as termination of the use of the MMTC-PAMP
services;
d. The Customer is responsible for maintaining adequate security and control of
passwords and any other codes that you use to access the services of MMTC-PAMP.
The Customer agrees to accept full responsibility for the use of the Partner Platform
and the Platform, as the case maybe, for any orders transmitted through the Partner
Platform and the Platform, as the case maybe, and for all communications and the
accuracy of all information sent via the Partner Platform and the Platform, as the case
maybe, using the Customer’s name, password or any other personal identification
means implemented to identify the Customer. MMTC-PAMP will not be responsible
for any loss or claim arising out of our relying on instructions provided to us using your
Password;
e. You agree to exercise safe security practices when accessing and conducting electronic
transactions. This includes signing out and closing any online electronic transaction
services once all transactions have been completed regardless of your method of
accessing the Partner Platform and the Platform, as the case maybe;
f. You understand and acknowledge that Issuance of Invoice at the time of Purchase of
Gold / Silver, only records making of an offer by you for purchase of the quantity of
Gold / Silver stated therein and does not create any right, title or interest in the quantity
of the Gold / Silver stated therein and/or against MMTC-PAMP. The right, title and
interest in the quantity of Gold / Silver stated in the invoice will only accrue upon
acceptance of such offer by MMTC-PAMP and upon actual receipt of sale
consideration by MMTC-PAMP;
g. You understand and acknowledge that MMTC-PAMP has NOT given any right or
authority to either PARTNER or any of its Retailers, agents, employees, subcontractors,
distributors etc. to make any representation or assurance to you on behalf of MMTC-
PAMP or any other authority to act as an agent of MMTC-PAMP. MMTC-PAMP is
separate and independent entity from PARTNER and has no relationship of any nature
whatsoever with the Retailers, agents, employees, subcontractors, distributors etc
appointed/engaged by the PARTNER.
46. Restricted Activities:
You agree that you will not:
a. Breach this Agreement or any other agreement or policy that you have agreed to with
MMTC-PAMP;
b. Violate any law, statute, ordinance, or regulation (for example, those governing
financial services, consumer protection, unfair competition, anti-discrimination, anti-
bribery and anti-corruption, or false or misleading advertising);
c. Act in a manner that is defamatory, trade libelous, threatening, or harassing;
d. Provide false, inaccurate, or misleading information;
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e. Refuse to cooperate in an investigation or provide confirmation of your identity or any
information you provide to us;
f. Conduct your business or use the MMTC-PAMP services in a manner that results in,
or may result in, complaints, disputes, claims, reversals, chargebacks, fees, penalties,
and other liability to us, Partner, other users, third parties, or you;
g. Take any action that imposes an unreasonable or disproportionately large load on our
infrastructure; facilitate any viruses, Trojan horses, worms, or other computer
programming routines that may damage, detrimentally interfere with, surreptitiously
intercept, or expropriate any system, data, or information; use an anonymizing proxy;
use any robot, spider, other automatic device, or manual process to monitor or copy our
Website without our prior written permission; or use any device, software, or routine
to bypass our robot exclusion headers, or interfere or attempt to interfere with the
Platform or the MMTC-PAMP services.
47. Waiver: Any failure or delay by MMTC-PAMP and/or GAP Partner to enforce or exercise any
provision of these Terms, or any related right, shall not constitute a waiver by MMTC-PAMP
and/or GAP Partner of that provision or right. The exercise of one or more of MMTC-PAMP’s
and/or GAP Partner’s rights hereunder shall not be a waiver of, or preclude the exercise of, any
rights or remedies available to MMTC-PAMP or GAP Partner under these Terms or in law or
at equity. Any waiver of any provision shall only be effective if made in writing and executed
by a duly authorized officer of MMTC-PAMP or GAP Partner, as applicable.
48. Force Majeure: If performance under these Terms by MMTC-PAMP and/or GAP Partner 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
Partner Platform or 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 any other act
whatsoever, whether similar or dissimilar to those referred to in this clause, which are beyond
the reasonable control of the MMTC-PAMP and/or GAP Partner and could not have been
prevented by reasonable precautions then MMTC-PAMP and/or GAP Partner shall be excused
and discharged from such performance to the extent of and during the period of such force
majeure event, and such non-performance shall, in no manner whosoever, amount to a breach
by the MMTC-PAMP and/or GAP Partner of its obligations herein.
49. Absence of relationship: You represent and warrant to MMTC-PAMP and GAP Partner that
you have sufficient experience and knowledge to make informed decisions to purchase / redeem
/ sale-back Gold / Silver / redeemable products / Transfer of Gold / Silver You acknowledge
that you are making all of your own decisions in connection with purchases or redemption or
sale-back and that you have not relied on any information made available by MMTC-PAMP,
and that MMTC-PAMP and/or GAP Partner is not making any recommendation with respect to
such purchases / redemption /sale-back of Gold / Silver / redeemable products / Transfer of
Gold / Silver. 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 MMTC-PAMP and/or GAP Partner. No
relationship other than service provider- service recipient including, without limitation, any
agent-principal relationship, any advisor-advisee relationship, any employee-employer
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relationship, any franchisee-franchisor relationship, any joint venture relationship or any
partnership relationship, exists between you and Partner.
50. Electronic Order Risks: Order entry systems have been designed to provide an efficient and
dependable method for entering orders. 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 MMTC-PAMP and/or GAP Partner. Therefore,
MMTC-PAMP and/or GAP Partner 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, or to any other cause beyond MMTC-
PAMP’s and/or GAP Partner’s control or anticipation. You acknowledge that pricing or
typographical errors may occur and that therefore, in the event that a product is listed at an
incorrect price or with incorrect information due to an error in pricing or product information,
MMTC-PAMP reserves the right, at our sole discretion, to refuse or cancel or reject any orders
placed for the products. Furthermore, MMTC-PAMP reserves the right to deny refuse or cancel
or reject any orders placed in case of market volatility and / or unusual circumstances or
conditions. This includes, without limitation, unexpected unavailability of product / Gold /
Silver.
51. Customer responsibility for taxes, tariffs and duties: You acknowledge that you are solely
responsible for all taxes, tariffs and duties that may be incurred as a result of purchase /
redemption of Gold / Silver / redeemable products. MMTC-PAMP will only collect taxes, tariffs
and duties on transactions to the extent explicitly required by law. It is your responsibility to be
aware and properly address any taxes, tariffs and duties to which you may be subject by any
local, state and / or federal governments. If you have any questions about taxes, tariffs and
duties, you should consult a tax or other professional about your unique circumstances. MMTC-
PAMP does not represent to provide advice or recommendations about your specific taxes,
tariffs and duties and any statements made by us are only for the purpose of raising issues for
you to discuss with your tax or other professional.
a. Effecting transaction based on instructions received from Customers;
b. The instruction of a customer to Transfer Gold / Silver from his / her Gold / Silver /
Silver account to another Gold / Silver account;
c. The exercise by MMTC-PAMP of its right to terminate / exercise the facility / services
provided on the Partner Platform;
d. Any injury to the credit, character and reputation of the Customer due to use of facility
/ services on the Partner Platform;
e. Any misstatement, misrepresentation, error or omission in any details disclosed by
MMTC-PAMP if receives any process, summons, order, injunction, execution distrait,
levy lien, information or notice which MMTC-PAMP in good faith believes / calls into
question the Customer’s ability, or the ability of someone purporting to be authorized
by the Customer, to make the transfer, MMTC-PAMP may, at its option and without
liability to the Customer or such other person, decline to allow the Customer to obtain
any portion of his Gold / Silver / product, or may handover such Gold / Silver / product
over to an appropriate authority and take any other steps required by applicable law.
f. For any breach of contract / terms / conditions agreed between Customer(s) and Partner
Platform and / or between Partner Platform and any third party.
52. Disclaimers and limits of liability:
a. The Customer declares it has read, understood and accepted all of the terms and
conditions outlined in these Terms. The Customer agrees that when entering into a GAP
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product transaction with MMTC-PAMP, the Customer is relying on its own judgment
and, to the extent permitted by law, and MMTC-PAMP or GAP Partner shall not be
liable for any loss or damage caused to the Customer for entering into such GAP
product transaction. The Customer acknowledges and declares that any information
regarding the GAP including but not limited to the information displayed on the Partner
Platform and the Platform, in these Terms, etc., shall not be construed as any advice or
recommendation given or views expressed to the Customer, by MMTC-PAMP.
b. MMTC-PAMP does not make any representations, recommendations, projections,
warranties or guarantees of any kind, either expressed or implied, including but not
limited to the performance of its Gold / Silver / redeemable products with respect to
future prices or any return on investment; all warranties of merchantability and fitness
for a particular purpose as well as warranties regarding the accuracy, correctness, or
completeness of the information, data, content, materials or the services associated with
operation of GAP, or the service, or the safety, reliability, title, timeliness,
completeness, title, merchantability, conformity or fitness for a particular purpose of
the information, data, content, materials or the services associated with the operation
of the service. MMTC-PAMP makes no representation, warranty or guarantee that the
MMTC-PAMP Platform or its information, data, content, materials, or services is free
of infection from any viruses, worms, trojan horses, trap doors, back doors, time
bombs, cancel bots or other code or computer programming routines that contain
contaminating or destructive properties or that are intended to damage, detrimentally
interfere with, surreptitiously intercept or expropriate any system, application,
interface, content, data or financial / personal information.
c. GAP and the related service by MMTC-PAMP and pricing and data, and availability
are subject at any time and from time to time to human, mechanical, typographic or
other errors, oversights, mistakes, limitations, delays, service interruptions, (i)
including, without limitation, as may be due in whole or in part to, related to or arising
out of MMTC-PAMP’s computer hardware and software / platform,
telecommunication and operating systems, databases, or business processes and
procedures, (ii) as well as other problems inherent in, or which may be associated with,
the use of the internet and electronic communications including, without limitation,
force majeure events as well as government, regulatory and acts and omissions of third
parties affecting or impacting GAP or MMTC-PAMP Services, its information and
data, or such communications and MMTC-PAMP shall not be liable for any damages,
liabilities, claims, demands, etc. for any loss caused to or suffered by the Customer and
MMTC-PAMP disclaims any liability arising due to the same.
d. The GAP is controlled and offered by MMTC-PAMP in India. MMTC-PAMP makes
no representations, warranties or guarantees that the GAP is appropriate or available
for use in other jurisdictions. If Customer accesses or uses the GAP or MMTC-PAMP’s
Service from other jurisdictions, then Customer does so by Customer’s own volition
and Customer is solely responsible for compliance with local law.
e. MMTC-PAMP reserves the right at any time and without notice, in MMTC-PAMP’s
sole and absolute discretion, to have the GAP hosted by or through one or more other
entities and / or in one or more other jurisdictions, provided there shall be no material
deterioration in the level of performance of GAP. Subject to the foregoing, the terms
and conditions upon which MMTC-PAMP may offer a hosted service, shall be in
MMTC-PAMP’s sole and absolute discretion, save and except expressly agreed herein.
f. MMTC-PAMP shall not be liable for Customer’s failure to follow MMTC-PAMP’s
reasonable instructions in connection with the GAP and transactions or for the
Customer’s incorrect use or misuse of GAP. Similarly, GAP Partner shall not be liable
for Customer’s failure to follow GAP Partner’s terms of use or any instructions
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available on the Partner Platform or for Customer’s incorrect use or misuse of the
Platform. Notwithstanding anything in these Terms to the contrary, MMTC-PAMP
and/or GAP Partner does not and shall not have or bear any responsibility or liability
to the Customer(s) with respect to transaction or transaction quotations, orders,
acceptances, confirmations, statements of account, or payments.
g. MMTC-PAMP will not be liable for any Loss or damage caused by reliance on
information obtained in any of our newsletters, literature, reports, e-mail
correspondence, website, or any other communication from MMTC-PAMP. MMTC-
PAMP will not be liable to any Customer (including but not limited to transferee) for
any Losses caused by or relating to Transfer / deposit of Gold / Silver / Silver-to-Gold
/ Silver account of any other Customer.
h. MMTC-PAMP explicitly urges to all its Customers to inspect the package for any
damage or tamper before receiving or signing for receipt. If you find any tampering,
do not accept the parcel and return the same. MMTC-PAMP will not be liable for any
loss or damage caused if the Customer accepts the parcel in spite of it being damaged
or tampered. The duty to verify the parcel for any damages or tampering is of the
Customer and if the Customer accepts the parcel and later comes to know of any
damage or tampering, MMTC-PAMP shall not be liable for any loss or damage to
Customer. If such loss is later reported and approved by logistics partner and Insurance
Company, the limit of liability shall be restricted to the amount paid by the logistic
partner for such loss or damage in transit as per their terms and conditions and the same
shall be binding upon the Customer.
i. The Customer understands and acknowledges that MMTC-PAMP and/or GAP Partner,
or any of its respective directors, employees, agents, shall not be liable for any
damages, liabilities, claims, demands, etc. by Customer(s) or any loss caused to or
suffered by the Customer, for any reason whatsoever. Causes of action under these
Terms and the facility / services provided by MMTC-PAMP save and except loss
caused to the Customer due to quality or merchantability of product or redeemed
product sold by MMTC-PAMP. In any case, the liability shall not collectively exceed
total amount paid by you, if any, for the particular transaction in question. The
foregoing limitation of liability shall apply to the fullest extent permitted by law in the
applicable jurisdiction.
j. No claim of whatsoever nature arising out of or relating to the use of the Partner
Platform and/or any action/omission by Partner, or any of its Retailers, agents,
employees, subcontractors, distributors etc. shall lie against MMTC-PAMP.
53. You acknowledge that MMTC-PAMP will not be liable to you or any other person as a result
of your access or use of Gold / Silver / redeemable product for indirect, consequential, special,
incidental, punitive, or exemplary damages, including, without limitation, lost profits, lost
savings and lost revenues (collectively, the “excluded damages”), whether or not characterized
in negligence, tort, contract, or other theory of liability, even if MMTC-PAMP has been advised
of the possibility of or could have foreseen any of the excluded damages, and irrespective of
any failure of an essential purpose of a limited remedy. You declare that you are an individual
not having registration and neither required to take registration under Central Goods and
Service Tax Act 2017, State Goods and Service Tax Act 2017, Integrated Goods and Service
Tax Act 2017 and Union Territory Goods and Service Tax Act 2017.
54. You declare that you are not an unregistered dealer of Gold / Silver or any other precious metal
ornament or any related product.
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55. If found of any misrepresentation then you will be solely responsible for all applicable taxes,
interest and penalty due to the government at any given point of time.
56. The Customer agrees that they shall peruse and comply with the terms of use as available on
the Partner Platform as notified by them from time to time; and the Customer shall be governed