What is YourGold? How does it work?

YourGold is a platform for creators to monetize their digital presence, content, and products, in 24 Karat digital gold packaged in a single link. You can transfer this gold instantly to your bank account by redeeming it at the current market price or use it as an investment.

What makes YourGold different from other monetization platforms?

YourGold sets itself apart by focusing on earnings through engagement, offering significant growth potential, and fostering a supportive community that values expertise. Our platform is tailored to enhance the connection between creators and their audience, turning engagement into tangible rewards.

How do creators get their payments on YourGold App?

Creators can earn digital gold as a method of payment for their skills, workshops, events, courses and even for the impact they create for their audience. YourGold provides an easy-to-use gold payment links.

Why do I need a Unified Goldlink tool?

Right now, updating links across all your channels individually is time-consuming and complex. A link-in-bio tool eliminates this hassle, allowing you to manage all your shared content with a single link. Updates only need to be made once, streamlining the process and ensuring everything stays current.

Is my money safe with YourGold?

Yes, your money is safe with YourGold because it is secured by a SEBI-regulated independent trust.

YourGold

Terms & Conditions

Important Note**

**It is brought to your kind Notice that the T&Cs have been divided into two parts, whereby the First Part describes and mentions the terms and conditions applicable in the case of ‘Users/Customers’ where the Second Part of the T&C’s is mainly regarding its applicability on the ‘Digital Creators’ subscribed on the Platform.

FIRST PART (For User)

Terms and Conditions

Please read the following terms and conditions carefully before registering, accessing, browsing, downloading, or using the YourGold’s website located at https://yourgold.app/terms-and-conditions, and all associated sites linked to https://yourgold.app, or the YourGold’s mobile application or any similar platform (hereinafter collectively, the YourGold’s Platform run by Mokshin Technologies Private Limited, having its registered office at House No. 41, Opp. Vijay Mandal Enclave, Hauz Khas, New Delhi 110016) on any electronic device and/or before availing any services offered by YourGold Platform which is the registered authorised distributor of Digital Gold India Private Ltd. also known as SafeGold since 2022. Digital Gold India Private Limited, a company incorporated under the Companies Act, 2013 with its registered office at CoWrks, 2nd & 3rd Floor, Birla Centurion, Century Mills, P B Marg, Worli, Mumbai 400030, (“DGIPL”) will be selling gold and providing services of safekeeping/vaulting and other related services thereto to the Customers/Users as well as the Digital/ Content/ Creators, on or through their Platform to avail the Services (as defined hereinafter) provided by the Company.

“Digital Content Creators” as someone who creates cideas, images, writing, etc. for the internet especially for a social media website/platform. A content creator creates entertaining or educational material to be expressed through any medium or channel.

Content creation especially pertains to digital content, since that’s where the majority of content is consumed — and where the money is, if you’re looking to earn revenue through your efforts.

A content creator creates entertaining or educational material to be expressed through any medium or channel. Content creation especially pertains to digital content on social media channels, since that’s where most content is consumed — and where the money is, if you’re looking to earn revenue through your content production efforts. For businesses, content creation can mean crafting and delivering newsletters, emails, webinars, digital marketing materials, brochures, social media, articles, annual reports, advertorial messaging, editorial materials, company communications, and more. For an individual, content creation can mean creating new content for social media — such as live streams, vlogs, or other photo or video content — to interact and resonate with their target audience, often making money as a part-time or full-time job. The buzzword “influencer marketing” might ring a bell.

These Terms are an electronic record in terms of the Indian Contract Act, 1872; The Information Technology Act, 2000 and rules made thereunder as applicable. The Terms are (i) published by the provisions of Rule 3(1)(a) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, and amendments from time to time; and (ii) generated by a computer system and does not require any physical, electronic, or digital signatures.

ACCEPTANCE

Please read the Terms and Privacy Policy ( "Privacy Policy" ) carefully before using or registering on the Platform or accessing any material information through the Platform. By accessing the Platform as a User, You accept these Terms and Privacy Policy and agree to be legally bound by the same. Further, by furnishing Your Personal Information (as defined in the Privacy Policy) (“Personal Information”) to the Company or giving Your consent to the Company to access Your Personal Information to render the Services (as defined below), You also agree that You are interested in availing the Services through the Platform by these Terms.

Accepting or agreeing to the T&Cs will constitute a legal contract (hereinafter Agreement) between You, being at least 18 years of age and an individual user of the YourGold Platform or a customer or beneficiary of the YourGold Services, and YourGold. All services are rendered by YourGold through the YourGold Platform under the brand name “YourGold” (or any derivatives or variations thereof). Consequently, all the rights, benefits, liabilities, and obligations under the T&Cs shall, as the case may be, accrue to the benefit of, or incurred by, YourGold, regarding Your use of YourGold’s digital services the semi closed wallet service, the marketplace service or any such other services which may be added on the UPI intent apps like PayTm, PhonePe, BHIM, or other UPI enabled apps. These Services shall be used by You subject to Your adherence to the T&Cs. As long as You accept and comply with these T&Cs, YourGold grants You a personal, non-exclusive, non-transferable, limited, revocable privilege to enter and use the YourGold Platform and avail the offered Services to creators as well as users/customers which are listed hereinbelow at Clause 4.

IF YOU DO NOT AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS CAPTURED IN THE TERMS, PLEASE DO NOT USE THE PLATFORM OR SERVICES

1. Applicability

These Terms shall apply to You only if You have created an account on the Platform (“Account”) by providing such information as may be required as set out further in Our Privacy Policy.

2. Eligibility to Use

2.1. You shall be eligible to avail of Services on the Platform subject to registering with Us as a User and holding an Account as detailed in Clause 3 below and subject to executing a service agreement with the Company (“Service Agreement”).
2.2. The Services mentioned hereunder under the heading “Services” are also available to minors subject to “Parental Guidance” i.e., persons under the age of 18 (eighteen) years.
2.3. By using Platform, You affirm yourself to be at least 18 years of age; or are a corporation, duly organized, validly existing and in good standing under the laws of the jurisdiction of Your organization, and are fully able and competent to enter into the Terms, conditions, obligations, affirmations, representations, warranties outlined in the Terms and Conditions, and to abide by and comply with the Terms stated therein. Registration of User and creation of Account on the Platform is available only to persons who can form legally binding contracts under the Indian Contract Act, 1872.
2.4. We maintain the right to provide Services to only those Users who are – (a) competent to enter into legally binding contracts, (b) have made the representations as provided above, (c) and also qualify under the internal policy(ies) for the same determined solely by Us from time to time. We shall have the sole right to change, modify, add, or remove, in whole or in part, internal policy(ies), concerning the provision of the Services at any time by providing a prior written notice or intimation to the Users.
2.5. You shall not have more than one active Account per registered Mobile Number on the Platform. Additionally, You are prohibited from selling, trading, or otherwise transferring Your Account to another party or impersonating any other person to create an Account with the Platform.
2.6. You hereby agree and acknowledge that the Company allows You to register on the Platform based on a preliminary examination of the information provided by You on the Platform during the creation of Your Account. The Company does not and will not undertake any fact-finding or verification process to evaluate the veracity of the information provided by You or based on how the Platform is subsequently used by You including but not limited to content shared by You through the usage of the Platform as this platform just acts like an ‘intermediary’ in assessing the original digital content as defined under Section 2(1)(w) of The Information Technology Act, 2000.
2.7. By accessing the Platform or by accessing the Software or any of the Services, it is deemed that the User has read understood, and accepted these Terms and has executed the Service Agreement and agreed to be bound by it. If You will be using the Services on behalf of an organization, You agree to these Terms on behalf of that organization and You represent that You have the authority to do so.

3. User Account Registration

3.1. You may browse certain sections of the Platform (Including the Mobile Application, Web Application, and Website) without having an Account with Us. However, to avail of the Services (defined below) on the YourGold Platform, You need to create an Account by providing such information as may be required by the Company as provided under our regulated Privacy Policy. Such details may also include proof of identification in a manner prescribed by the Company from time to time. You may create Your Account on the Platform by entering the one-time verification password generated by the Company for this purpose which shall be sent to the Registered phone number entered by You on the Platform.
3.2. You shall ensure and confirm that the Account information and all information provided by You is complete, accurate, and up-to-date. If there is any change in the Account information, or if any information is found to be incomplete or incorrect, You shall promptly update Your Account information on the Platform or request the Company for an information revision or update. If You provide any information that is untrue, inaccurate, unauthorized, not current, or incomplete (or becomes untrue, inaccurate, not current, or incomplete), or if the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, the Company has the right to refuse any the Services to You.
3.3. You are responsible for maintaining the confidentiality of the Account information, safeguarding the password or credentials or OTPs that You use to access the Service and for any activities or actions under Your Account. You are suggested not to share your OTPs with a third party to prevent unauthorized access to your accounts. You are encouraged to use “strong” passwords (passwords that use a combination of upper and lower-case letters, numbers, and symbols) with Your Account and with other accounts that You may of connected to Your Account (such as Your Accounts with other social media platforms).
3.4. You agree to (a) immediately notify the Company of any unauthorized use of Your Account information or any other breach of security, and (b) ensure that You exit from Your Account at the end of each session. The Company will not be liable for any loss that You may incur as a consequence of unauthorized use of Your Account either with or without Your knowledge.
3.5. You may be held liable for losses incurred by the Company or any other User of or visitor of the Platform due to authorized or unauthorized use of Your Account as a result of Your failure to keep Your Account information secure and confidential.
3.6. You hereby acknowledge and agree that the deletion of the Platform from Your device does not constitute termination of Your Account and agree to undertake the process detailed herein to complete the de-registration of Your Account (“De-registration”). If and when You are desirous of having Your name and other details removed from Our records, immediately upon receiving Your written request to that effect, We shall remove and/or delete all such information. However, We may retain certain information regarding Your Account, even after receiving a deletion request from You, where such retention is required under applicable laws or such information is non-personally identifiable and aggregated information. You hereby acknowledge that the removal of Your details from the Platform does not constitute termination of Your outstanding obligations, if any, to the Company.
3.7. The information collected while creating Your Account or processed to avail the Services, will be governed by Our Privacy Policy. You must undertake to adhere that once Your account is deleted due to any reason, you shall be required to sell off the digital gold withheld in your Gold balance account. The amount thus received after selling off the digital Gold in your wallet shall be remitted to you within 14 days from the date of deletion of Your User Account.

4. Services

Services provided to You by the Company through the Platform shall include the following (“Services”):

4.1. A limited, non–exclusive, non–transferable, royalty free license to use the Platform for the purposes of registering on the Platform by creating an Account, and accessing the Software;
4.2. Access to digital products/tools in the form of software as a service (“Software”) that allows You to create or share content and generate or access links/ sub-domains to third-party social media platforms through which You can make available such content to any third party users on such third party platforms (“Third Party Platforms''); and
4.3. Opportunity to enable You to monetize Your services to third-party users by assisting with the facilitation of payments, either directly acting as Your collection agent or in association with other third-party payment aggregators or payment intermediaries. The aforementioned services shall be collectively referred to as the “Services”. The Company may, at its discretion, add, modify, or remove any of the Services listed above from time to time without special notice to You.
4.4. All Services on the Platform are provided to You on a principal-to-principal basis between You and the Company. Nothing herein is intended to nor be construed to constitute the relationship of a principal and agent, employer and employee, partners, joint venture, co-owners or otherwise as participants in a joint undertaking or representative of the other for any purpose whatsoever.
4.5. It is also clarified that the Company is merely providing a platform to its Users to facilitate the transaction of transferring and investment of Gold and will not be liable in any manner concerning the products and/or services offered to You by Safe Gold. You hereby agree and acknowledge that the data and information provided on the Platform does not constitute advice of any nature whatsoever and shall not be relied upon by You while making investment decisions and You shall be solely responsible for any investment decisions and for the purchase of any Gold on the Platform. In no event shall the Company be liable to You for any loss or damage that may cause or arise from or concerning these Terms and Conditions and/or due to use of this Platform or due to investments made using this Platform. As part of the Platform Services provided to You, on availing such services, You agree to provide honest feedback/review about the concerned Platform Service, if required or requested by the Company from time to time.
4.6. For Creators

1. Buy 24K | 99.50% gold digitally at a real-time market price

2. Sell 24K | 99.50% gold digitally at a real-time market price

3. Create locked content, events (offline/online) or paywall or pay-per-view links that can be monetized in terms of digital gold.

4. Create an online username under "yourgold.club" to showcase their services, contents, skills etc.

5. Accept digital gold as a gift from their audiences as a token of appreciation or as value for value.

4.7. For Users

1. Access premium content, links, and services from the creators.

2. Buy 24K | 99.50% gold digitally at a real-time market price

3. Sell 24K | 99.50% gold digitally at a real-time market price.

5. Updation of Terms and Conditions

5.1. Your use of the Platform is subject to the Terms, which may be updated, amended, modified, or revised by Us from time to time without notice to You and subject to the terms of the Service Agreement. To ensure that You are aware of any additions, revisions, amendments, or modifications that We may have made to these Terms, You need to refer to the Terms from time to time. You can determine when this Term was last modified by referring to the “Last Updated” legend.
5.2. The updated Terms shall be effective immediately and shall supersede these. It shall be Your responsibility to check these Terms periodically for changes. Your continued use of the Services post amendment of Terms shall signify Your consent to such amendment, and agreement to be legally bound by the same.
5.3. Any reference to the Terms shall refer to the latest version of these Terms.

6. Rules and Conduct

6.1. As a condition of use, You promise not to use the Services for any purpose that is prohibited by the Terms as well as statutory compliances; or other rules or policies implemented by Us from time to time; or in violation of any applicable laws.
6.2. By way of example, and not as a limitation, You shall not (and shall not permit any third party to) take any action on the Platform that: (i) would constitute a violation of any applicable law, rule, or regulation; (ii) infringes on any intellectual property or other right of any other person or entity; (iii) is threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortuous, obscene, offensive, or profane; or (iv) impersonates any person or entity. The Company reserves the right to disable any Account from the Platform at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities; or if the Company is concerned that You may have violated the Terms of Service), or for no reason at all with or without notice to the User/Users.
6.3. Additionally, You shall not share any information on the Platform or through the links to Third, Party Platforms created using the Software that: (i) may be harmful to minors or children below the age of 18 (eighteen) years; (ii) threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states or public order or causes incitement to the commission of any cognizable offense or prevents investigation of any offense or is insulting any other nation; and (iii) is invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; (iv) harms minors in any manner; (v) infringes any patent, trademark, copyright or other proprietary rights; (vi) violates any laws for time being; and (vii) impersonate any person.
6.4. Furthermore, You shall not (directly or indirectly) on the Platform or through the links to Third Party Platforms created using the Software: (i) take any action that imposes or may impose an unreasonable or disproportionately large load on the Company’s (or its third-party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Platform or any activities conducted on the Platform; (iii) bypass any measures We may use to prevent or restrict access to the Platform (or parts thereof); (iv) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Platform, except to the limited extent applicable laws specifically prohibit such restriction; (v) modify, translate, or otherwise create derivative works of any part of the Platform; or (vi) copy, rent, lease, distribute, or otherwise transfer any or all of the rights that You receive hereunder.
6.5. You will not access the Platform, and/or its Services, or the personal information of other Users, available on the Platform to build a similar or competitive application, product, or service.
6.6. You agree to immediately notify Us of any unauthorized use, or suspected unauthorized use of Your Profile, or any other breach of security, concerning Your personal information on the Platform.
6.7. One Account shall not be used by more than one User. Any use of an Account by a third party would be deemed to be unauthorised usage. The Company reserves the right to disable any such Account from the Platform.

7. Profile Ownership and Editing Rights/Guidelines/Rules

7.1. We ensure easy access to the Users by providing a tool to update Your profile information. We reserve the right to moderate the changes or updates requested by You and We shall make an independent decision whether to publish or reject the requests submitted for the respective changes or updates in Your profile.
7.2. You hereby represent and warrant that You are fully entitled, under applicable law, to provide information as part of Your profile or otherwise while using Our Services, and that no such information breaches any third-party rights, including intellectual property rights and applicable data protection laws. Upon becoming aware of a breach of the foregoing representation, We may modify or delete parts of Your profile information at Our sole discretion with or without notice to You. Excluding Your Account information, You acknowledge that the Platform, the entire Company Content, Services, and all the intellectual property rights, including copyrights, patents, trademarks, designs, and trade secrets concerning the above are solely owned by Us.
7.3. Communications:
You hereby expressly agree to receive communication (including transactional messages) or by way of SMS and/or E-mail or through WhatsApp from the Company or any third party in connection with the Platform Services or Your registration on the Platform. You can unsubscribe/ opt-out from receiving communications through SMS and e-mail anytime by visiting unsubscribe.yourgold.app/<creator-username>
Whatsapp Groups. The Company reserves a right to create any Whatsapp groups (“Groups”) through its representatives (hereinafter referred to as “Group Admin”) who are expressly authorized to control, monitor, and administer the Groups on its behalf. The usage, membership, and participation in the Group are subject to the following terms and conditions: You shall not: use the Groups for circulating, uploading, transmitting, or otherwise making available any information, data or content that is unlawful, harassing, threatening, harmful, tortuous, defamatory, libellous, abusive, violent, obscene, vulgar, invasive of another’s privacy, hateful, racially or ethnically offensive, or otherwise objectionable; stalk, harass, threaten or harm another user using the Groups; engage in any copyright infringement or other intellectual property infringement, or disclose any trade secret or confidential or personal information in violation of a confidentiality, employment, or nondisclosure agreement and/or privacy norm to which you are subject to; post, send, transmit or otherwise make available any unsolicited or unauthorized e-mail messages, advertising, promotional materials, junk mail, spam, or chain letters, including, without limitation, bulk commercial advertising, and informational announcements; upload, post, e-mail, transmit, store or otherwise make available any material that contains viruses or any other computer code, files or programs designed to harm, interfere or limit the normal operation of the Service (or any part thereof), or any other computer software or hardware; interfere with or disrupt the Group services; plan or engage in any illegal activity using the Groups; circulate or post any jokes and poems; circulate or post any religious or politically oriented views or comments; and pretend to be anyone, or any entity, You are not i.e. You may not impersonate or misrepresent yourself as another person (including celebrities), entity, another participant of the Groups, an employee or official or representative of our Company.

8. Rights and Obligation relating to the usage of the Platform

8.1. Users shall be prohibited from carrying out any illegal acts in the Platform or through the links to third-party Platforms created using the Software including but not limited to acts mentioned below:
a ) violating or attempting to violate the integrity or security of the Platform;
b ) transmitting any information on or through the Platform that is disruptive or competitive to the provision of Our Services;
c ) intentionally submitting on the Platform any incomplete, false or inaccurate information;
d ) using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Platform or any Third Party Platform;
e ) circumventing or disabling any digital rights management, usage rules, or other security features of the Platform. Any unlawful activities in the Platform which are prohibited by laws of India
8.2. The Company shall, upon obtaining knowledge by itself or being brought to actual knowledge by an affected person in writing or through email signed with electronic signature Your violation of these Terms, be entitled to disable Your Access to the Account and use of Services. We shall also be entitled to preserve such information and associated records for at least 90 (ninety) days or such shorter time as prescribed by law, for production to governmental authorities for investigation purposes. In case of non-compliance with these Terms, any applicable laws, rules or regulations, the Service Agreement or the Privacy Policy by a User, We shall have the right to immediately terminate Your access or usage rights to the Platform and Services and to remove non-compliant information from the Platform.
8.3. We may disclose or transfer User-generated information to Our affiliates or governmental authorities in such manner as permitted or required by applicable law, and You hereby consent to such transfer. Under the applicable laws, We shall transfer sensitive personal data or information including any information, to any other body corporate or a person in India, or located in any other country, that ensures the same level of data protection that is adhered to by Us, only if such transfer is necessary for the performance of the lawful contract between Company or any person on its behalf and the User or where the User has consented to data transfer.

9. Third Party Services

9.1. While availing Services, Users may connect with third-party service providers. The Company is not responsible for and does not endorse, any third-party services mentioned on the Platform. It is hereby stated that the Company shall in no way be responsible for any acts or omissions of third parties. Any transaction, dealings, or communication otherwise that the User may have with such third parties are at the User’s own risk and We make no warranties, express or implied regarding the quality or suitability of the services or products of such third-party vendors.

10. Confidentiality

10.1. The Parties may disclose to each other and their designated agents and/or advisors Confidential Information as may be required for the performance of the Services and execution of a Campaign.
10.2. Each party undertakes that it will keep secret and confidential the terms of the Service Agreement and any Confidential Information supplied by either party in connection with the Service Agreement or connection with the business of the other and in connection with the Services and Campaign and shall only disclose such information or part thereof (except to its employees and advisers and then only on a need to know basis) with the other party’s prior written consent PROVIDED THAT this clause shall not extend to information which was and can be shown to be rightfully in the possession of the receiving party before the commencement of the negotiations leading to the Service Agreement or which is in the public domain (other than as a result of a breach of this clause).

11. Use of Your information and content displayed on the Platform or Third Party Platforms

11.1. We will only use the information You provide as permitted by Our Privacy Policy and applicable law. Please closely review Our Privacy Policy for more information regarding how We use and disclose Your personal information. Our Privacy Policy is hereby incorporated into these Terms of Service by this reference.
11.2. We reserve the right to maintain, delete, or destroy all information and materials posted or uploaded through the Services, according to Our internal record retention and/or destruction policies. We (may/may not) make use of third-party cloud service providers or use Our service infrastructure for hosting the servers and databases. While We make commercially reasonable efforts to ensure that the data stored on Our servers is persistent and always available to the User, We will not be responsible in the event of failure of the third-party servers or any other factors outside Our reasonable control that may cause the User’s data to be permanently deleted, irretrievable, or temporarily inaccessible.
11.3. You acknowledge and agree that We may preserve Your information and may also disclose Your related information if required to do so by law; or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms; (c) respond to claims that any of Your usage of the Platform violates the rights of third parties; (d) detect, prevent, or otherwise address fraud, security or technical issues; or (e) protect the rights, property, or personal safety of the Platform, its users, or the public.
11.4. We reserve the right to remove or disable access to any user information hosted on Our Platform.

12. Intellectual Property Rights

12.1. The Platform and the processes, and their selection and arrangement, including but not limited to, all text, videos, graphics, user interfaces, visual interfaces, sounds, music (if any), artwork, and computer code (and any combinations thereof) (collectively, the “Company Content”) on the Platform is owned by the Company and the design, structure, selection, coordination, expression, look and feel and arrangement of such Company Content is protected by copyright, patent and trademark laws, and various other intellectual property rights.
12.2. The trademarks, logos, and service marks displayed on the Platform (“Marks”) are the property of the Company or other respective third parties, as the case may be. You are not permitted to reproduce distribute or otherwise use the Marks without the prior consent of the Company or the third party that may own the Marks.

13. Limitation of Liability

13.1. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY (INCLUDING ITS DIRECTORS, EMPLOYEES, AGENTS, SPONSORS, PARTNERS, SUPPLIERS, CONTENT PROVIDERS, LICENSORS OR RESELLERS,) BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY CONCERNING THE SERVICES (I) FOR ANY LOST PROFITS, DATA LOSS, LOSS OF GOODWILL OR OPPORTUNITY, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, (II) FOR YOUR RELIANCE ON THE SERVICES (III) FOR ANY DAMAGES (IV) FOR ANY MATTER BEYOND ITS OR THEIR REASONABLE CONTROL, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF ANY OF THE AFOREMENTIONED DAMAGES (V) FOR ANY THIRD PARTY CLAIMS CONCERNING YOUR USE OF THE SOFTWARE OR CONTENT/INFORMATION SHARED BY YOU THROUGH/WITH THE HELP OF THE SOFTWARE.
13.2. YOU ACKNOWLEDGE AND AGREE THAT YourGold HAS OFFERED ITS PRODUCTS AND SERVICES, SET ITS PRICES, AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND YourGold, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND YourGold. YourGold WOULD NOT BE ABLE TO PROVIDE THE SERVICES TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS. APPLICABLE LAW MAY NOT COMPLETELY ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS WILL APPLY TO YOU SUBJECT TO APPLICABLE LAW. IN SUCH CASES, YourGold’s LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. THIS PARAGRAPH SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT.

14. Disclaimer

14.1. THE SERVICE AND PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE” AND IS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. THE COMPANY AND ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, SHAREHOLDERS AND PARTNERS DO NOT WARRANT THAT: (A) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) THE QUALITY OF ANY SERVICES, AVAILED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; (C) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (D) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (E) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS OR THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE. YOUR USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK.
WE DON’T PROMISE TO STORE OR KEEP SHOWING ANY INFORMATION AND CONTENT THAT YOU’VE POSTED. YOURGOLD IS NOT A STORAGE SERVICE. YOU AGREE THAT WE HAVE NO OBLIGATION TO STORE, MAINTAIN OR PROVIDE YOU A COPY OF ANY CONTENT OR INFORMATION THAT YOU OR OTHERS PROVIDE, EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW AND AS NOTED IN OUR PRIVACY POLICY.
THE COST OF PROCUREMENT OF THE SERVICES RESULTING FROM ANY DATA, CONTENT OR INFORMATION PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR NOT OBTAINED OR RECEIVED FROM ANY PAID GROUP/CHANNEL OR ANY OTHER USER IS SOLELY AND ENTIRELY AT YOUR OWN RISK. YOU HEREBY ACKNOWLEDGE AND AGREE THAT WE PROVIDE NO GUARANTEE OR SURETY OF ENGAGEMENT BETWEEN YOU AND YOUR VIEWERS UPON PAYMENT AND TAKE NO RESPONSIBILITY OF ENSURING FULL-SCALE INTERACTION BETWEEN YOU AND YOUR VIEWERS.
YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOU WILL SHALL ONLY PROVIDE TRUE AND CORRECT INFORMATION AND IN THE CASE OF CREATING A PROFILE YOU UNDERTAKE TO AT ALL TIMES KEEP THE INFORMATION UP TO DATE. UNDER NO CIRCUMSTANCES THE COMPANY WILL BE LIABLE ON ACCOUNT OF ANY INACCURACY OF INFORMATION PROVIDED BY YOU ON THIS PLATFORM. IT IS THE RESPONSIBILITY OF THE USER TO FURTHER RESEARCH THE INFORMATION ON THE SITE
YOU HEREBY ACKNOWLEDGE AND AGREE THAT THE COMPANY SHALL NOT BE LIABLE FOR ANY CONTENT OR MATERIALS PUBLISHED BY YOU THROUGH THE SERVICES. IT IS HEREBY CLARIFIED THAT YOU SHALL BE LIABLE FOR CONTENT OR MATERIALS PUBLISHED BY YOU THROUGH THE SERVICES AND THAT THE COMPANY SHALL BE UNDER NO OBLIGATION CONCERNING SUCH CONTENT AND MATERIALS. FURTHER, YOU AGREE AND ACKNOWLEDGE THAT THROUGH YOUR USE OF THE SERVICES, YOU SHALL NOT UNDERTAKE ANY ACTIVITY THAT IS UNLAWFUL. ANY LIABILITY ARISING OUT OF SUCH UNLAWFUL ACTIVITY SHALL SOLELY REST WITH YOU AND THE COMPANY SHALL NOT HAVE ANY LIABILITY CONCERNING THE SAME. YOU SHALL BE RESPONSIBLE FOR COMPLYING WITH APPLICABLE LAWS, RULES, REGULATIONS AND THESE TERMS.

15. Indemnification

15.1. You shall defend, indemnify, and hold harmless the Company, its affiliates/subsidiaries/joint venture partners, and each of its, its affiliates’/subsidiaries/joint venture partners’ employees, contractors, directors, suppliers, and representatives from all liabilities, losses, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to (i) Your use or misuse of, or access to, the Services, Software and Platform; or (ii) Your violation of the Terms and Conditions; or any applicable law, contract, policy, regulation or other obligation including that of the Third Party Platforms. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event You will assist and cooperate with Us in connection therewith.
15.2. YourGold reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify YourGold, including rights to settle, and You agree to cooperate with YourGold’s defense and settlement of these claims. YourGold will use reasonable efforts to notify You of any claim, action, or proceeding brought by a third party that is subject to the foregoing indemnification upon becoming aware of it. This paragraph shall survive termination of this Agreement.

16. Fees/Payments

You agree and acknowledge that You shall be charged such amount towards subscription of Services as set out in the Service Agreement executed with the Company.

17. Violation of the Terms

17.1. You agree that any violation by You of these Terms will constitute an unlawful and unfair business practice, and will cause irreparable harm to the Company, for which monetary damages would be inadequate, and You consent to the Company obtaining any injunctive or equitable relief that they deem necessary or appropriate in such circumstances. These remedies are in addition to any other remedies that the Company may have at law or in equity.

18. Suspension and Termination

18.1. The Terms will continue to apply until terminated by either You or the Company as set forth below. If You object to the Terms or are dissatisfied with the Platform, Your only recourse is to (i) close Your Account on the Platform; and/or (ii) stop accessing the Platform.
18.2. We may temporarily suspend access to the whole or any part of the Services for pre-scheduled maintenance. The intent to temporarily suspend access for pre-scheduled maintenance shall be communicated to You 48 hours in advance via email to the email id provided by You upon creation of Your Account. If You choose to access the Platform or avail of Services during such pre-scheduled maintenance, We cannot guarantee the availability of the Services and/or functionality of the Platform.
18.3. The Company may delist You or block Your future access to the Platform or suspend or terminate Your Account if it believes, in its sole and absolute discretion that You have infringed, breached, violated, abused, or unethically manipulated or exploited any term of these Terms or the Privacy Policy or anyway otherwise acted unethically. Notwithstanding anything in this clause, these Terms will survive indefinitely unless and until the Company chooses to terminate them.
18.4. If You or the Company terminate Your use of the Platform, the Company may delete any Company Content or other materials relating to You and the Company shall have no liability to You or any third party for doing so. However, Your transaction details may be preserved by the Company for purposes of tax or regulatory compliance.
18.5. We may terminate Your usage of the Platform at any time for any reason, including breach of the Terms. We have the right (but not the obligation) to refuse to grant access to the Platform. Except for the rights and license granted in these terms, We reserve all other rights and grant no other rights or licenses, implied or otherwise.
18.6. Once temporarily suspended, indefinitely suspended or terminated, the User may not continue to use the Platform under the same account, a different account or re-register under a new account. On termination of an account due to the reasons mentioned herein, such User shall no longer have access to data, messages, and other material kept on the Platform by such User. All provisions of the Terms, which by their nature should survive termination, shall survive termination, including, without limitation, warranty disclaimers, indemnity, and limitations of liability.
18.7. You shall be liable to pay any fees or charges as may be applicable in respect of the Services until the date of termination by either party whatsoever.

19. Exemptions to liability of Company

19.1. You further agree and confirm that the Company shall not be responsible, in any manner whatsoever, for any delay/unavailability of Services or failure to meet its obligations under the Terms and Conditions, which may be caused, directly or indirectly, due to:
a ) Your failure to cooperate;
b ) Your unavailability and/or unresponsiveness;
c ) Your failure to provide accurate and complete information;
d ) any event beyond Company’s reasonable control.

20. Governing Law and Jurisdiction

20.1. These Terms shall be governed by and construed by the laws of India without regard to the conflict of law provisions thereof. All claims, differences, and disputes arising under or in connection with or in relation hereto the Platform or Services, the Terms or any transactions entered into on or through the Platform or Services shall be subject to the exclusive jurisdiction of the courts at Delhi, New Delhi India and You hereby accede to and accept the jurisdiction of such courts.
20.2. If any provision of this Agreement is held to be unlawful, void, invalid or otherwise unenforceable, then that provision will be limited or eliminated from this Agreement to the minimum extent required, and the remaining provisions will remain valid and enforceable.

21. Dispute Resolution

21.1. If any dispute, controversy or claim arises under this Agreement or concerning any YourGold Service or the YourGold Platform, including any question regarding the existence, validity or termination of this Agreement or T&Cs (hereinafter Dispute), the parties shall use all reasonable endeavors to resolve such Dispute amicably. If the parties are unable to resolve the Dispute amicably within 30 days of the notice of such Dispute, YourGold may elect to resolve any Dispute by binding arbitration following the provisions of the Indian Arbitration & Conciliation Act, 1996 (hereinafter Act). Such Dispute shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The Dispute shall be resolved by a sole arbitrator, appointed with mutual consent and following the Act. The seat of the arbitration shall be New Delhi and the language of this arbitration shall be English. Either You or YourGold may seek any interim or preliminary relief from a court of competent jurisdiction in New Delhi necessary to protect the rights or the property belonging to YourGold (or any of our agents and third parties), pending the completion of arbitration. Any arbitration shall be confidential, and neither You nor YourGold may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcing the arbitration award. All administrative fees and expenses of arbitration will be divided equally between You and YourGold. In all arbitrations, each party will bear the expense of its lawyers and preparation. This paragraph shall survive termination of this Agreement.

22. General Provisions

22.1. Notice: All notices under the Terms and Conditions will be in writing and will be deemed to have been duly given when received if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed if transmitted by facsimile or e-mail; or two days after it is sent if sent for next day delivery by recognized overnight delivery service.
22.2. Assignment: You cannot assign or otherwise transfer the Terms, or any rights granted hereunder to any third party. The Company’s rights under the Terms are freely transferable by the Company to any third party without the requirement of seeking Your consent.
22.3. Relationship: No agency, partnership, joint venture, or employment relationship is created as a result of the Terms and Conditions and neither party has any authority of any kind to bind the other in any respect.
22.4. Severability: If, for any reason, a court of competent jurisdiction finds any provision of the Terms, or any portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible to give effect to the intent of the parties as reflected by that provision, and the remainder of the Terms shall continue in full force and effect.
22.5. Waiver: Any failure by the Company to enforce or exercise any provision of the Terms, or any related right, shall not constitute a waiver by the Company of that provision or right.

23. Alerts Provided by The Company

23.1. The Company provides You with multiple automatic alerts while providing Services.
23.2. You understand and agree that any alerts provided to You through the Platform may be delayed or prevented by a variety of factors. We will do Our best to provide alerts promptly with accurate information. However, We neither guarantee the delivery nor the accuracy of the content of any alert. You also agree that We shall not be liable for any delays, failure to deliver, or misdirected delivery of any alert; for any errors in the content of an alert; or any actions taken or not taken by You or any third party in reliance on an alert.

24 Consents

24.1. Voluntary Consent for PAN information:

"I hereby submit voluntarily at my discretion, my PAN as issued by Govt. of India, for authentication of my PAN information for KYC purposes. YourGold has informed me that my information submitted to them herewith shall not be used for any purpose other than mentioned above, or as per requirements of law.".

25. Contact You

25.1. You agree that We may contact You through telephone, email, SMS, or any other means of communication for:-
a ) Obtaining feedback concerning YourGold’s Platform or Our Services;
b ) Resolving any complaints, information, or queries; and
c ) You agree to provide Your fullest co-operation further to such communication by Company.
25.2. By submitting suggestions or other feedback regarding Our Services/Platform, You agree that We can use and share such feedback for any purpose without any compensation to You and We are under no obligation to keep such feedback confidential.

26. Grievance Redressal Mechanism

26.1. Any discrepancies or grievances concerning content and or comment or breach of the Terms and Conditions shall be taken up with the designated Grievance Officer as mentioned below via in writing or through email signed with the electronic signature to
Attention: Alok Ranjan , Director
Email: greviance@yourgold.app
Address: H.No. 41, Opp. Vijay Mandal Enclave, Gate No 1, Kalu Sarai, Hauz Khas, New Delhi-110016
26.2. The grievance officer will acknowledge the receipt of any complaint within 24 hours and redress the complaint within 25 days from receipt of the complaint.

27. Company and User Materials

27.1. While rendering Services, the Company directly or through its representatives, may provide Users with certain materials relevant to the Services, which may be in the form of audio, video, written, and oral content (“Company Materials”). Company Materials shall be the exclusive property of the Company. User hereby agrees and acknowledges that he/she shall ensure that the Company Materials are not shared with any third party, without Company’s written consent and any breach of such nature shall cause financial and irreparable injury to Company. Company hereby provides User with a revocable, non-exclusive, non-transferable, non-sublicensable, limited license to use the Company Materials solely for its purpose and not for any commercial use. While availing of Services, User may submit various materials to the Company in the form of audio/video/image/written content, (“User Materials”). User hereby provides Company with an exclusive, transferrable, perpetual, and irrevocable license to use the User Materials for its use. User hereby agrees and acknowledges that User Materials shall not infringe any intellectual property rights of third parties and shall be responsible for any claims arising out of infringement.

28. Modification

28.1. We reserve the right, at any time and with sole discretion, to change, modify, or amend the Platform (in whole, or in part) or any of its Services or Company Content (in whole, or in part), in compliance with the applicable legal and regulatory framework. You agree that We will not be liable to You for any change, modification, or amendment of the Platform or its Services, or any part thereof.

29. Support

29.1. The Company offers a chat-based support system along with an online knowledge pool of FAQs. In case You require any assistance or support, You may access support resources or contact Our support by emailing at _________________ and raising a ticket for Your query.
29.2. The Company shall revert to every complaint within 24 hours of receipt of the complaint. Further, the Company shall take the best possible efforts to redress the complaint within 25 days of receipt of the complaint. Any suggestions by the Company regarding use of the Services shall not be construed as a warranty.
29.3. The User agrees and acknowledges that the Company shall address and attempt to resolve the complaint received under the standard policies and procedures adopted by the Company, the User’s disapproval/discontent with the outcome/mode of redressal shall not be deemed to mean non-redressal of the complaint by the Company. Any suggestions by the Company regarding the use of the Service shall not be construed as a warranty.
29.4. The Company assures that If money is deducted from the Registered Account, it shall get refunded within a period of 48-hours.

30. Contact

30.1. If You have any questions regarding the Services or usage of the Platform, please contact the Company at _____________. Please note that for validation, You shall be required to provide information (including, but not limited to contact number or registered mobile number, etc.) and taking Your service request.

Last Updated: March 2024

SECOND PART (For Creator)

Terms and Conditions

You understand that the Gold is being offered for purchase by Safe Gold, and the User can also sell the Gold through Safe Gold. As per the terms and conditions of Safe Gold (available at https://www.safegold.com/terms-and-conditions), the Gold purchased by You will be accounted in a customer account maintained by Safe Gold and the corresponding quantity of gold in physical form will be stored with Brinks India Private Limited (“Custodian”). To safeguard your interest, Safe Gold has also appointed a trustee (“Trustee Administrator”), and You agree to the appointment of such Trustee Administrator and the Custodian, and also accede to the terms for such arrangement with the Trustee Administrator (being the Trustee Administrator agreement). The Trustee Administrator shall be responsible for monitoring the physical gold held on Your behalf with the Custodian.

‍

Please read these Terms and Conditions and privacy policy (available at https://yourgold.app/terms -and-conditions and https://yourgold.app/privacy-policy ) carefully before registering on the Platform or accessing any material and/or information through the Platform. The Company retains an unconditional right to modify or amend these Terms and Conditions without any requirement to notify You of the same. You can determine when these Terms and Conditions were last modified by referring to the ‘Last Updated’ legend above. It shall be Your responsibility to check the Terms and Conditions periodically for changes. Your continued use of the Platform shall indicate an acceptance of the amended Terms and Conditions and shall signify Your consent to the changes to the Terms and Conditions and the intention to be legally bound by the amended Terms and Conditions.

‍

Before using our Services and before buying the Gold, Users are also recommended to read the terms of services and privacy policy of Digital Gold India Private Limited which can be accessed at https://www.safegold.com/terms-and-conditions. In case of any conflict between the Terms and the terms of Safe Gold, the terms of Safe Gold concerning the purchase and/or sale of Gold shall prevail. It is also clarified that these Terms and Conditions and the terms and conditions of Safe Gold apply to You once you avail of the Services and purchase Gold.

‍

By using the Services, you acknowledge that the Company is not responsible for the quality of physical gold being offered and sold by Digital Gold India Private Limited and that any disputes concerning the quality of physical gold shall be raised directly by You to Digital Gold India Private Limited.

Eligibility

By using the Services, you represent and warrant that you are above the 18 years of age or a Minor accessing the YourGold Platform under the “Parental Guidance” and qualified to enter into a legally binding contract, enforceable under the Indian law, including the Indian Contract Act, 1872. If you are the parent or guardian of a child under 18 years of age, by registering/by creating an account or profile on the Platform, you provide your consent to your child’s registration and you agree to be bound by these Terms and Conditions in respect of their use of our Platform. We will at all times assume (and by using this Platform you warrant that) you have the legal ability to purchase and sell Gold and otherwise use this Platform, and are capable of being bound by these Terms and Conditions. Further, by using the Platform, You confirm that you are not registered under any applicable Goods and Services Tax Act, 2017 and that if, in the course of your relationship with our Platform and/or Safe Gold, you become registered under the applicable Goods and Services Tax Act, 2017, you shall inform Safe Gold of your change in status immediately, and no later than 24 hours of such change, and provide any relevant information and documents, as may be requested by Safe Gold. The Company shall not be liable for any actions that may be undertaken by Safe Gold according to the change of Your status on registration under the applicable Goods and Services Tax Act, 2017. If necessary, You shall seek independent tax advice, and these Terms and Conditions do not constitute any tax advice to You.

‍

Registration

2.1. The Services are available to only those who have subscribed to the Platform by registering and creating an account with Us. You can register to the Platform by providing your personal information including name, age, gender, and registered mobile number. The registration will be validated by sending one-time password (OTP) to the registered mobile number.

2.2. We may also ask You for certain financial information, including Your billing address, bank account details, credit card number, expiration date and/or other payment-related details or other payment method data, and debit instructions or other standing instructions to process payments for the Platform Services (as defined below). The Company may also ask You to provide certain additional information about Yourself on a case-to-case basis.

2.3. If there is any change in the account information, You shall promptly update Your account information on the Platform. If You provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or if the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Company has the right to suspend or terminate Your Account and refuse any current or future use of the Platform (or any portion thereof) at its sole and absolute discretion, in addition to any right that the Company may have against You at law or in equity, for any misrepresentation of information provided by You.

2.4. By registering on the Platform, you agree to

(a) provide correct details when prompted on the Platform and failure to do so may invalidate your request to use Services;

(b) authorize the Platform and the Company to retain the information shared by You to use the Platform and/or access the Services and for any marketing campaign undertaken by the Company and/or third-party service providers; and

(c) by giving Your details, You agree to abide by the Terms and Conditions and the privacy policy. Also, by registering, you agree that you will not allow others to use Your account and that you are fully responsible for all activities that occur under Your username. We may assume that any communications we receive under Your account have been made by You.

2.5. By providing such personal information, You consent to receive all information, communication, and instructions relating to the Platform, the Services offered by the Platform and/or third-party service providers, and for availing special offers and promotional benefits. You shall solely be responsible for the appropriate use of the same. You shall immediately notify the Company of any unauthorized use/breach of your password or account and ensure that You exit from Your account at the end of each session. The Company reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole and absolute discretion. The Company cannot and will not be liable for any loss or damage arising from Your failure to comply with these Terms and Conditions. You may be held liable for losses incurred by the Company or any other user of or visitor to the Platform due to authorized or unauthorized use of Your Account as a result of Your failure to keep Your Account information secure and confidential.

‍

Platform Services

3.1. By registering on the Platform, You are allowed to purchase Gold according to the collaboration between the Company and Safe Gold. The Company hereby grants You, a limited, non-exclusive, non-transferable, royalty-free license to use the Platform to avail the Services. The services offered on the Platform shall include, but is not limited to the following:

(a) facilitating buying and selling of Gold; and

However, before placing the order and availing of the Services, the User may be required to provide certain KYC documentation and other information as may be required by Safe Gold in such form and manner as it may deem fit. This information may be requested from You at the time of registration, or at a later stage, including the following events, to prevent fraudulent activities.

The KYC verification shall be undertaken based on the PAN Card issued to You. You shall upload a clear picture of your PAN Card except in cases where e-PAN is provided by You. We shall verify Your details from the database of the issuing authority, including through a third-party KYC verification provider. If You do not have a PAN Card, you may submit Form 60 to Us.

3.2. It is hereby clarified that any Services offered (purchase, sale or transfer of Gold on Safe Gold’s platform) are governed under specific terms and conditions of Safe Gold, operated and managed by Gold India Private Limited which can be accessed at https://www.safegold.com/terms-and-conditions.

3.3. It is also clarified that the Company is merely providing a platform to its Users to facilitate the transaction of sale and investment of Gold and will not be liable in any manner concerning the products and/or services offered to You by Safe Gold. You hereby agree and acknowledge that the data and information provided on the Platform does not constitute advice of any nature whatsoever and shall not be relied upon by You while making investment decisions and You shall be solely responsible for any investment decisions and for the purchase of any Gold on the Platform. In no event shall the Company be liable to You for any loss or damage that may cause or arise from or concerning these Terms and Conditions and/or due to use of this Platform or due to investments made using this Platform. As part of the Platform Services provided to You, on availing such services, You agree to provide honest feedback/review about the concerned Platform Service, if required or requested by the Company from time to time.

3.4. Use of the Platform and availing the 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 (instead of Your access to the Platform) on any other medium. You agree to use the Platform only: (a) for purposes that are permitted by the Terms and Conditions; and (b) following any applicable law, regulation or generally accepted practices or guidelines.

3.5. You agree that You shall not copy, reproduce, sell, redistribute, publish, enter into a database, display, perform, modify, alter, transmit, license, create derivatives from, transfer or in any way exploit any part of any information, content, materials, services available from or through the Platform, except that You may download the Platform for Your own personal, internal and non-commercial use. You agree that You will not use the Platform in any manner or engage in any activity that may damage, disable or impair or adversely affect the use of the Platform or interfere with any other users’ use, legal rights, or enjoyment of the Platform. Further, You agree not to remove any text, copyright or other proprietary notices contained in the content downloaded from the Platform.

3.6. Further, while using the Platform, You undertake not to:

defame, abuse, harass, threaten or otherwise violate the legal rights of others;
publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;
copy, republish, post, display, translate, transmit, reproduce or distribute any content on the Platform through any medium without obtaining the necessary authorization from the Company in writing;
conduct or forward surveys, contests, pyramid schemes or chain letters;
upload or distribute files that contain software or other material protected by applicable intellectual property laws unless You own or control the rights thereto or have received all necessary consents;
upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Platform or another’s computer;
engage in any activity that interferes with or disrupts access to the Platform (or the servers and networks which are connected to the Platform);
attempt to gain un-authorized access to any portion or feature of the Platform, any other systems or networks connected to the Platform, to any of the Company’s server, or through the Platform, by hacking, password mining or any other illegitimate means;
probe, scan or test the vulnerability of the Platform or any network connected to the Platform, nor breach the security or authentication measures on the Platform or any network connected to the Platform.
reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Platform, to its source, or exploit the Platform or information made available or offered by or through the Platform, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided on the Platform;
disrupt or interfere with the security of, or otherwise cause harm to, the Platform, systems resources, accounts, passwords, servers or networks connected to or accessible through the Platform or any affiliated or linked sites;
collect or store data about other users in connection with the prohibited conduct and activities;
use any device or software to interfere or attempt to interfere with the proper working of the Platform or any transaction being conducted on the Platform, or with any other person’s use of the Platform;
use the Platform or any material or content for any purpose that is unlawful or prohibited by these Terms and Conditions, or to solicit the performance of any illegal activity or other activity which infringes the rights of the Company or other third parties;
falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
violate any applicable laws or regulations for the time being in force within or outside India or anyone’s right to privacy or personality;
violate the Terms and Conditions contained herein or terms and conditions provided elsewhere; and
reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Platform.

3.7. (a) Create locked content, events (offline/online) or paywall or pay-per-view links which can be monetized in terms of digital gold.

(b) Create an online username under "goldify.club" to showcase their services, contents, skills, etc.

‍

Placing of Order

You can purchase Gold on the Platform on a pre-payment basis i.e., once you place the order and confirm the transaction for the purchase of Gold, and agree to the Terms and Conditions (“Customer Order”), the Platform will notify Safe Gold.
Once the payments are received by Safe Gold and the KYC information is found acceptable wherever required, Safe Gold shall issue an invoice to You confirming the Customer Order placed within 3 (three) business days of placing such order, in a manner it may deem fit. Notwithstanding anything to the contrary contained in these Terms and Conditions, Company and/or Safe Gold shall be entitled to accept or reject the User, for any reason whatsoever, at its sole and exclusive discretion.
Once the Customer Order is placed, You are not entitled to cancel such a Customer Order, provided however that such Customer Order shall stand canceled if the payment fails for any reason whatsoever. The Platform and/or Safe Gold reserves the right to cancel the Customer Order, at its sole discretion, if Your information, provided before placing the Customer Order, is not found acceptable and the Platform and/or Safe Gold believe that You are not eligible to purchase Gold from Safe Gold.

In case of rejection of any of Your Customer Orders, where payments have been received by the /Safe Gold, such payments shall be returned to You under these Terms and Conditions or the terms and conditions of Safe Gold, as applicable.

The quantity of Gold purchased by You shall be stored with the Custodian in a vault on Your behalf. You hereby authorize Safe Gold to store such physical gold products purchased by You according to the Customer Order, including, but not limited to, bullion, coins, or jewelry (as the case may be) in the secured vault maintained by the Custodian on Your behalf (“Customer Gold”). It is hereby clarified that Your purchase of the physical gold corresponding to the Your Customer Order shall be deemed to be completed and title in relation thereto shall be deemed to have been passed to You upon such relevant portion of the Customer Gold being stored in the vault with the Custodian on Your behalf under the terms and conditions of Safe Gold, subject to applicable laws.
You will be provided with free storage for your Customer Gold for 5 years, or for such a period as more particularly stipulated by Safe Gold 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, Safe Gold 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, SafeGold is not able to deduct the storage charges because Your gold balance is too low, then Safe Gold shall be entitled to sell such portion of Your Customer Gold stored with the Custodian that is necessary or required to recover the unpaid storage charges in question.
To ensure that the Customer Gold stored in such vault is adequately protected, necessary insurance policy/ies has been obtained by the Custodian, with the cost of the insurance and the insurance premia borne by the Custodian. According to such insurance policy/ies, for any loss or damage to the Customer Gold stored in the vault, You authorise the Trustee Administrator to act as Your beneficiary under the insurance policy/ies and to take all steps necessary to protect Your interests.
While the Custodian 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/is obtained by the Custodian 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.
In the event of any expenses or charges remaining payable to the Custodian, the Trustee Administrator or such other person appointed by Safe Gold as an intermediary, or otherwise till actual delivery or fulfilment of any of Your Customer Orders for any reason, including where Safe Gold is unable to service such requests due to any event of default, thereby adversely affecting or jeopardising the fulfilment of Your Customer Orders, then the Trustee Administrator will be entitled to sell part of the Customer Gold and satisfy such outstanding expenses or charges as required under these Terms and Conditions read with the Trustee Administrator agreement. The sums due to You and/or gold to be delivered (as the case may be), after settling the aforementioned charges, would be dealt with under these Terms and Conditions read with the Trustee Administrator agreement.

‍

Pricing and Payment Policy

Except where noted otherwise, the price displayed on the Platform represents the market-linked price of Gold as indicated by Safe Gold. Market-linked prices mean that these quotes are linked to the prices of gold in the commercial bullion market in India. However, it does not indicate that the gold prices displayed on the Platform will always be the same as those of the prevalent prices displayed in other commercial bullion markets. As a purchaser, it is your responsibility to compare the prices and make appropriate decisions after adequate diligence
Notwithstanding the foregoing, you understand that these prices may vary multiple times within a day, and accordingly Your payment obligations for any Customer Order will depend on the prices displayed at the relevant time.
Payment policy: Payment will be accepted through the payment options made available on the Platform, which may include redirection to payment gateways and aggregators hosted by third-party websites or applications including UPI payments like Phone Pe - https://www.phonepe.com/, Paytm - https://paytm.com/. At the time of purchase, fulfillment sale and/or transfer of Gold, the relevant taxes will be chargeable as applicable as per the Government regulations.
However, please note that the payment terms, delivery, warranty, and cancellation and refund policy are subject to the terms and conditions of Safe Gold which can be accessed at https://www.safegold.com/terms-and-conditions.
The transactions on the Platform will be completed only after the successful transfer of money to Safe Gold’s bank account, either from Your registered bank account or from the escrow account maintained by the Company. Please note that the corresponding gold quantity will be credited to Your Account maintained with Safe Gold, within 5 (five) business days from the date of the successful transfer of such amount. Please look at Safe Gold Terms and Conditions accessed at https://www.safegold.com/terms-and-conditions and understand fully the terms of custodian and trusteeship arrangement before investing.
Unclaimed rewards will expire after 90 days from the date of credit.
In case of Paid Content, events (offline/online) or paywall or pay-per-view links the Creator must specify the weight of the digital gold that will be charged per video for accessing it for 7(seven) days from the date of payment in terms of Digital Gold.
In case the Creator decides to convert his Digital Gold from his YourGold wallet into INR, a Conversion Fee of 6% (including Statutory Taxes like GST) shall be charged per conversion which will follow the prevalent rate of Gold at the particular time of conversion.

‍

6. Your Obligations and Responsibilities

While accessing our Platform, You shall comply with these Terms and Conditions and

the special warnings or instructions for access or use posted on the Platform from time to time.

You shall not make any change or alteration to the Platform or any Content or Services that may appear on this Platform or Safe Gold and shall not impair in any way the integrity or operation of the Platform. You shall always act following extant laws, and customs and in good faith.

4. You further represent and warrant that:

4.1. Payment for purchase of Services is made from Your bank account (primary holder’s bank account in case of Investment Account held jointly), and the same is from legitimate sources and remitted through approved banking channels;

4.2. Before making the investment purchase, You shall seek independent financial planning, legal, accounting, tax or other professional advice, if required;

4.3. You have read the offer documents of Safe Gold (including its terms and conditions accessed at https://www.safegold.com/terms-and-conditions) and its schemes and have made an informed independent investment decision before investing; and

4.4. You will not sell, trade, or otherwise transfer Your registered account to another party or impersonate any other person to create an account with the Platform.

4.5. You agree and acknowledge and confirm that You solely, and to the exclusion of the Company, are liable for all liabilities that may arise on acts of omission or commission attributable to You, including but not limited to acts such as making inputs about UPI details, phone number or email addresses, bank account details, addresses, etc.

4.6. Without limiting the generality of any other provision of these Terms and Conditions, if you commit any default in any of the obligations outlined in these Terms and Conditions, you shall be liable for all the losses and damages that this may cause to the Platform, Company, our partners or licensors.

‍

7. INTELLECTUAL PROPERTY RIGHTS

The Platform and all information, content, materials, and products including, but not limited to text, content, photographs, graphics, texts, video and audio content, and computer code (“Content”) on the Platform is owned and controlled by the Company and the design, structure, selection and feel and arrangement of the Content is protected by copyright, patent and trademark laws, and other applicable intellectual property rights either in the favour of the Company or third parties from whom the appropriate permissions have been taken under applicable laws by the Company.
The trademarks, logos, and service marks displayed on the Platform (“Marks”) are the property of the Company and its affiliates or other respective third parties, as the case may be. You are not permitted to use the Marks without the express prior written consent of the Company or the third party that owns the Marks, as the case may be. Further, You understand and accept that all information, except Your personal information and other data submitted by You to transact on the Platform, through the Platform shall be deemed the property of the Company, and the Company shall be free to use any ideas, concepts, know-how or techniques provided by You on the Platform, in any manner whatsoever. On initiating contact or query through the Platform, You agree to be contacted by the Company or any other entities with whom the Company has entered into an arrangement for the provisions of Services to You.

‍

8. LIMITATION OF LIABILITY

The Content on this Platform is for your general information and use only and does not amount to any investment advice.
You expressly understand and agree that, to the maximum extent permitted by applicable law, the Platform and Content are provided by the Company on an “as is” basis without any warranty of any kind, express, implied, statutory or otherwise, including the implied warranties of title, non-infringement, merchantability or fitness for a particular purpose. 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 Platform and accessing the Platform Services and Services, including without limitation, any costs incurred for the use of Your device and any damage to any equipment, software or data.
Further, without limiting the foregoing, the Company makes no warranty that (i) the Platform or Platform Services will meet Your requirements, or Your use of the Platform will be uninterrupted, timely, secure or error-free; (ii) the results obtained from the use of the Platform will be effective, accurate or reliable; (iii) any errors or defects in the Platform will be corrected by the Company. No advice or information, whether oral or written, obtained by You from the Company shall create any warranty not expressly stated in these Terms and Conditions.
The Company will have no liability related to any user Content arising under intellectual property rights, libel, privacy, publicity, obscenity or other applicable laws. The Company will not incur any liability concerning the misuse, loss, modification or unavailability of any User Content.
The Company shall not be responsible for the delay or inability to use the Platform or related functionalities, the provision of or failure to provide functionalities, or for any information, software, functionalities and related graphics obtained through the Platform, or otherwise arising out of the use of the Platform, whether based on contract, tort, negligence, strict liability or otherwise.
Further, the Company shall not be held responsible for non-availability of the Platform during periodic maintenance operations or any unplanned suspension of access to the Platform that may occur due to technical reasons or for any reason beyond the Company’s control. You understand and agree that any material or data downloaded or otherwise obtained through the Platform is done entirely at Your discretion and risk and that You will be solely responsible for any damage to Your computer systems or loss of data that results from the download of such material or data.
You acknowledge that the software and hardware underlying the Platform as well as other software which are required for accessing the Platform are the legal property of the respective vendors. The permission given by the Company to access the Platform will not convey any proprietary or ownership rights in the above software/hardware to You.
You agree and acknowledge that you are not registered under the Goods and Services Tax Act, 2017.

‍‍

9. INDEMNITY

You agree to indemnify the Company, its affiliates, their respective directors, officers, and employees from any losses, damages, penalties, claims, costs, and demands (including reasonable attorney fees and legal costs) arising out of breach or non-performance and/or non-observance of the duties and obligations, representations, warranties, and covenants under the Terms and Conditions or due to Your acts or omissions. You further agree to hold the Company its affiliates, their respective directors, officers, and employees harmless against any claims made by any third party due to, or arising out of, or in connection with, Your use of the Platform, any misrepresentation concerning the data or information provided by You, Your violation of the Terms and Conditions, or Your violation of any rights of another, including any intellectual property rights. In no event shall the Company, its affiliates, their respective directors, officers, partners, consultants, agents and employees, be liable to You or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, arising out of or in connection with Your use of or access to the Platform or Content on the Platform.

The Company and Safe Gold do not guarantee any returns on any transaction consummated concerning the Services to You, either directly or indirectly. You shall be solely responsible for undertaking appropriate and effective due diligence and related analysis before undertaking any transactions according to these Terms and Conditions. You further acknowledge and agree that the Company, Safe Gold, and their respective officers, directors, employees, agents, and affiliates will have no liability for Your purchase or other decisions using the Platform.

‍

10. LIMITATION IN PLATFORM SERVICES

Please note that Platform Services are not available in all geographical areas and depending on Your location, You may not be eligible to avail of certain Platform Services offered by the Company. The Company reserves the absolute right to determine the availability and eligibility for any of the Platform Services offered on the Platform.

‍

11. THIRD PARTY LINKS

The Company is not responsible for the availability of Content or other services on third-party sites linked from the Platform and the Company urges You to read the terms of use of the respective third-party sites, before accessing or registering with any of such third-party sites. Further, the Company does not make any warranties and expressly disclaims all warranties express or implied, including without limitation, those of merchantability and fitness for a particular purpose, title or non-infringement concerning any information or services or products that are available or advertised or sold through these third-party websites.

‍

12. FORCE MAJEURE

The Company shall not be liable for failure or error of any transaction on the Platform or for any failure on part of the Company to perform any of its obligations under these Terms and Conditions if performance is prevented, hindered or delayed by a Force Majeure event (as defined below) and in such case its obligations under these Terms and Conditions shall be suspended for so long as the Force Majeure event continues. The term “Force Majeure Event” means any event which occurred and is beyond the control of the Company, including without limitations, unavailability of any communication systems, breach, or virus in the processes or payment or delivery mechanism, sabotage, fire, flood, explosion, acts of god, civil commotion, pandemic, strikes or industrial action of any kind, riots, insurrection, war, acts of government, computer hacking, unauthorized access to computer data and storage devices, computer crashes, malfunctioning in the computer terminal or the systems getting affected by any malicious, destructive or corrupting code or program, mechanical or technical errors/failures or power shut down, faults or failures in telecommunication etc.

The Company and Safe Gold shall be discharged from such performance to the extent of and during the period of such Force Majeure Event, and such non-performance of its obligations shall, in no event whatsoever, amount to a breach of its obligations.

‍

13. SUSPENSION AND TERMINATION

The Terms and Conditions will continue to apply until terminated by either You or the Company for reasons set forth below. If You object to the Terms and Conditions or are dissatisfied with the Platform, Your only recourse is to (i) close Your registered account on the Platform; and/or (ii) stop accessing the Platform. In case you violate these Terms and Conditions and/ or any applicable law, the Company may, at any time and in its sole discretion, terminate Your Account and/or prevent You from accessing the Platform and the Platform Services. The Company may delist You or block Your future access to the Platform or suspend or terminate your registered account if it believes, in its sole and absolute discretion, that You have infringed, breached, violated, abused, or unethically manipulated or exploited any term of these Terms and Conditions.

‍

Notwithstanding anything in this clause, these Terms and Conditions will survive indefinitely unless and until the Company chooses to terminate or modify them. If You or the Company terminate Your use of the Platform, the Company may delete any Content or other materials relating to You and the Company shall have no liability to You or any third party for doing so. However, Your transaction details may be preserved by the Company for purposes of tax or regulatory compliance. The Company may modify or amend these Terms and Conditions at any time.

‍

14. GOVERNING LAWS

The Terms of Use shall be governed and construed under the laws of India without reference to conflict of laws principles.

15. Responsibilities & Restrictions

15.1. Your responsibilities:

You represent, covenant, and warrant that you will use the Service only in compliance with all applicable laws and regulations, and in a way that will not harm the Service or anyone else's use of it.

You are solely and fully responsible for

any content you choose to share through the Service or in your performance for a Client
having the necessary rights to any material (including but not limited to text, photos, sound, music) you make available through the Service or in your performance for a Client
any messages you share through the Service

You are responsible for maintaining the security of your Account, passwords and files, and for all uses of your Account with or without your knowledge or consent. If you suspect any unauthorized use of your Account or other security breach related to your Account, you must immediately notify us in writing.

15.2. Restrictions:

You may not use the Service to promote campaigns or ads containing

(i) content that is an invasion of privacy, degrading, defamatory, libelous, unlawful, profane, obscene, pornographic, hate material, or discriminatory;

(ii) content that promotes any illegal activity including without limitation the promotion of gambling where prohibited, illegal substances, software piracy, or hacking;

(iii) content that infringes on a third party's intellectual property rights;

(iv) content links or codes that promote or reference software piracy and/or activities generally understood as Internet abuse including but not limited to the sending of unsolicited bulk e-mail and the distribution or use of spyware, malware, worms, Trojan horses, time bombs, cancelbots, corrupted files, or similar software; or

(v) content that you know to be false and misleading.

You may not, directly or indirectly: reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how or algorithms relevant to the Service or any software, documentation or data related to the Service ("Software"); modify, translate, or create derivative works based on the Service or Software or use the Service or Software for the benefit of a third party.

16. Prohibited Activities

You Agree not to perform the following activities:
16.1. Copyright Infringement: Users must not upload, share, or create content that violates the copyrights, trademarks, or intellectual property rights of others. Section 51 of The Copyright Act, 1957 specifies when a copyright is infringed. According to Section 51 of the Act, Copyright is deemed to be infringed if:

A person without obtaining the permission of the copyright holder does any act which only the copyright holder is authorized to do.
A person permits the place to be used for communication, selling, distribution or exhibition of an infringing work unless he was not aware or has no reason to believe that such permission will result in the violation of copyright.
A person imports infringing copies of a work
A person without obtaining the authority from the copyright holder reproduces his work in any form.

Section 63 of The Copyright Act, 1957 shall be applicable in case of commission of such above-stated offence. Any person who knowingly infringes or abets the infringement of—(a) the copyright in a work, or (b) any other right conferred by this Act except the right conferred by section 53A, shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to three years and with fine which shall not be less than fifty thousand rupees but which may extend to two lakh rupees.

16.2. Hate Speech and Harassment: Prohibition of content that includes hate speech, threats, harassment, discrimination, or promotes violence against individuals or groups based on race, ethnicity, religion, gender, sexual orientation, disability, etc. Section 153A IPC, 1860 attempts to punish those who engage in promoting any kind of enmity among different groups based on religion, caste, race, place of birth or residence, or even language. The provision puts liability on those who-
a) Spread enmity in the form of words (spoken or written), visual representations, and signs to cause disharmony, hatred or disturbance among people belonging to different groups, religions, castes or communities.
b) Spread disharmony and disturb the public tranquillity of the people belonging to different racial and religious groups.
c) Aid in the organizing of certain movements, and drills that encourage as well as train the participants of such movements to use criminal force and violence upon people belonging to other racial and religious groups and communities.
Considering the serious nature of this offense, the accused shall be entitled to a punishment of imprisonment that may extend up to three years or a fine or both
16.3. Publish Illegal or Unauthorized Content: Users/Content Creators are not allowed to upload or share illegal, fraudulent, obscene, defamatory, or otherwise unlawful content. If done, actions can be taken under the following statutes:

Information Technology (IT) Act, 2000:

Section 67: Deals with publishing or transmitting obscene material in electronic form. The punishment for the same amounts to imprisonment of either description for a term which may extend to three years and with fine which may extend to five lakh rupees and in the event of second or subsequent conviction with imprisonment of either description for a term which may extend to five years and also with fine which may extend to ten lakh rupees.
Section 67A: Pertains to publishing or transmitting sexually explicit material in electronic form. The punishment concerning such offence on first conviction amounts to imprisonment of either description for a term which may extend to five years and with fine which may extend to ten lakh rupees and in the event of second or subsequent conviction with imprisonment of either description for a term which may extend to seven years and also with fine which may extend to ten lakh rupees.
Section 67B: Addresses the publishing or transmitting of material depicting children in sexually explicit acts in electronic form. An offender is liable for punishment on first conviction with imprisonment of either description for a term which may extend to five years and with fine which may extend to ten lakh rupees and in the event of second or subsequent conviction with imprisonment of either description for a term which may extend to seven years and also with fine which may extend to ten lakh rupees.

16.4. Impersonation on the Platform: Prohibition of impersonating any person or entity or falsely claiming an affiliation with a person or entity. Whereby Section 419 IPC, 1860 deals with fraud such as committing the crime of password theft for impersonating and collecting data for personal benefit. According to this Section, “Whoever cheats by personation shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.”

16.5. Data Breach or Hacking: Users are not allowed to attempt unauthorized access to other user accounts, manipulate the app's code, or engage in any form of hacking or data breach.
Section 43 and Section 66 of the Information Technology Act, 2000 cover the civil and criminal offenses of data theft and hacking respectively. According to Section 66 of the IT Act, the following are the essentials for an offence to count as hacking:

There should be the malicious intention of the accused to tamper or break into the computer of the other person and steal or destroy its data or sources.
A wrongful act or damage to the data must be done according to the wrong intention.

‍

15. DISPUTES

15.1. If any dispute, controversy, or claim arises under this Agreement or concerning any YourGold Service or the YourGold Platform, including any question regarding the existence, validity or termination of this Agreement or T&Cs (hereinafter Dispute), the parties shall use all reasonable endeavors to resolve such Dispute amicably. If the parties are unable to resolve the Dispute amicably within 30 days of the notice of such Dispute, YourGold may elect to resolve any Dispute by binding arbitration under the provisions of the Indian Arbitration & Conciliation Act, 1996 (hereinafter Act).

15.2. Such Dispute shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The Dispute shall be resolved by a sole arbitrator, appointed with mutual consent and following the Act. The seat of the arbitration shall be New Delhi and the language of this arbitration shall be English. Either You (Digital Creator) or YourGold may seek any interim or preliminary relief from a court of competent jurisdiction in New Delhi necessary to protect the rights or the property belonging to YourGold (or any of our agents and third parties), pending the completion of arbitration. Any arbitration shall be confidential, and neither You nor YourGold may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcing the arbitration award. All administrative fees and expenses of arbitration will be divided equally between You and YourGold. In all arbitrations, each party will bear the expense of its lawyers and preparation. This paragraph shall survive termination of this Agreement.

‍

16. COMMUNICATIONS

You hereby expressly agree to receive communication (including transactional messages) or by way of SMS and/or e-mail or through WhatsApp from the Company or any third party in connection with the Platform Services or Your registration on the Platform. You can unsubscribe/ opt-out from receiving communications through e-mail anytime by writing to [E-Mail____________]

‍

17. GRIEVANCES

We are committed to resolving all disputes in a fair, effective and cost-efficient manner. We seek to resolve any User concerns through our Grievance cell.

All Grievances related to the use of Platform shall be addressed to Grievance Officer. Please write to us on grievance-officer@______. The Grievance Officer will get back to the User within 48 hours of the receipt of any complaint from You. Every grievance will be provided with a complaint or ticket number which can be used to track the status of the grievance. Redressal or closure of a grievance might take approximately one month from the date of receipt of the complaint.

However, if you are dissatisfied with our grievance redressal mechanism, the dispute will be resolved through mediation as per the Consumer Protection Act, 2019 and as provided in Clause 17 hereinabove.

‍

18. GENERAL PROVISIONS

Notice: All notices from the Company will be served by email to Your registered email address or by general notification on the Platform. Any notice provided to the Company according to the Terms and Conditions should be sent to [Mail id-care@yourgold.app]
Assignment: You cannot assign or otherwise transfer the Terms and Conditions, or any rights granted hereunder to any third party. The Company’s rights under the Terms and Conditions are freely transferable by the Company to any third party without Your consent.
Severability: If, for any reason, a court of competent jurisdiction finds any provision of the Terms and Conditions, or any portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the Terms and Condition shall continue in full force and effect.
Waiver: Any failure by the Company to enforce or exercise any provision of the Terms and Conditions, or any related right, shall not constitute a waiver by the Company of that provision or right.

‍

Mokshin Technologies Private Limited.

Registered Office address: H.No. 41, Opp. Vijay Mandal Enclave, Gate No 1, Kalu Sarai, Hauz Khas, New Delhi-110016

Tel: +91-01135775037, Email: care@yourgold.app