1. PRELIMINARY

1. This Terms of Service and Business Agreement (hereafter, “these Terms”) constitute the agreement between You and SafeSona Private Limited (hereafter, “the Company”) with respect to the use of the website at the Uniform Resource Locator (URL) https://www.safesona.com (hereafter, “the Website”) and, to the extent applicable, all transactions with the Company including those arising from such use. By consenting to these Terms, You agree to be bound by all the terms and conditions set out herein both in respect of the use of the website and in respect of any transactions You undertake with the Company whether through the website or not including but not limited to the purchase of goods, the availment of any services and the consequences and incidents thereof, and acknowledge that You consent to the Privacy Policy of the Company as well. Please, therefore, read both the Privacy Policy and these Terms carefully. Unless the context otherwise indicates, these Terms of Service include and incorporate by reference the Privacy Policy and any other policies, documents and guidelines referred to below.

2. If You have any questions or concerns about these Terms, You may contact us at contact@safesona.com.

3. The Company does not and refuses to transact (including but not limited to the creation of a SafeSona Account) with:

   1. Persons who are not citizens of India;

   2. Persons who hold citizenship of any country other than India; and

   3. Persons, whether or not citizens of India, who are not resident in India or domiciled in India.

The Company accepts no responsibility or liability whatsoever in respect of any transaction or act done by such persons and shall be compensated, indemnified and held harmless fully by such Person in respect of any transaction undertaken or act done by such Person.

4. When You use any of the services provided by the Company through the Website, including but not limited to product listings, articles, product sales, custodial services, market analysis, etc., You will be subject to the rules, guidelines, policies, terms, and conditions applicable to such use, and they shall be deemed to be incorporated into these Terms and shall be considered a part and parcel hereof.

5. If You disagree with or do not consent any or all of these Terms, You are hereby immediately required to terminate Your use of the Website and to terminate transactions with the Company.

6. Without prejudice to the above, Your acts of accessing, browsing through, using or otherwise interacting in any manner with the Website will amount to Your consenting to these Terms to the extent applicable and to be bound hereby to that extent.

2. REVISION

7. These Terms have not, thus far, been revised.

8. The Company reserves the absolute right to revise in any manner (including with retrospective effect) these Terms by publishing, uploading or posting either the revisions or these Terms as revised on the website. The statement of the last date of revision in the immediately preceding clause shall be deemed to be sufficient notice to the User of such revision. Your use of the website or continued patronage of the Company’s offerings (including by continuing to comply with and make payments under a Deferred Payment Purchase Plan) following such revision shall constitute Your acceptance of such revisions.

9. The Company encourages You, the User, to review these Terms whenever You visit the Website to make sure that You understand the terms and conditions then governing use of the Website.

10. Without prejudice to the above, the Company will endeavour to follow the following procedure in respect of revisions of these Terms.

    1. In the event that any such revision does not, in the sole opinion of the Company, have an adverse or detrimental effect on You or Your interest, then such revisions shall be made with seven (7) days’ notice to You by such means as the Company thinks fit.

    2. In other cases, such revisions shall be made with fourteen (14) days’ notice to You by such means as the Company thinks fit.

3. INTERPRETATION

11. In these Terms, unless repugnant to the subject or the context, the following words and expressions, with their grammatical variations and cognate expressions, shall have the following meanings:

    1. “Account Summary” means the page that can be viewed on the Website by a User upon logging in to a SafeSona Account titled “My Account” which displays particulars regarding transactions and balances in the said User’s SafeSona Account;

    2. “Business Day” means any day, other than a Saturday, a Sunday, a national holiday, a public holiday or any other holiday, on which banks in general in India actually work and are open for business;

    3. “Collection Account” means a no-lien bank account held in the name of the Company;

    4. “Confirmed Gold Balance” means the amount of Gold standing to the credit of a User in respect of which the Purchase Price has been fully paid and of which the User is the owner but of which the User has not taken physical delivery;

    5. “Customer Order” means an offer to purchase Gold from the Company made in the manner provided for (hereunder and by the Company) by a User who has duly registered or created a SafeSona Account with the Company in accordance with these Terms;

    6. “Deferred Payment Purchase Plan” means an agreement under which a User agrees to periodically purchase specified quantities of Gold by paying the Purchase Price (which has been determined or was actually determinable at or before the time of the first such periodic purchase) for each such periodic purchase separately;

    7. “Delivery” means physical delivery or the delivery of physical custody;

    8. “Gold” means such gold coins or gold bars or other items of gold that the Company sells and/ or is willing to sell;

    9. “Issuing Bank” means the bank or other financial institution or other Person from whom money is received or sought to be received by the Company on behalf of the User or other Person intending to make a payment;

    10. “KYC Process” means any process or processes undertaken to establish and prove the identity of any Person and includes the collection of all such information and evidence (including photographs and audio, video or audio-cum-video recordings) as the Company considers necessary to this end;

    11. “Law” means includes any statute, law, regulation, ordinance, rule, judgement, order, decree, bye-law, directions, approval, directive, guideline, policy, requirement or other governmental restriction or any similar pronouncement, decision or determination by, or any interpretation or administration, by any governmental authority having jurisdiction over the matter in question, of any of the foregoing having the force of law, for the time being in force, to the extent that they are of a mandatory, compulsory or binding character;

    12. “Login ID”, “Username” and “Display Name” shall include e-mail ID and mobile phone number or any other unique data point that permits a Person to create a SafeSona Account through the Website or to log into or access a SafeSona Account;

    13. “Maximum Storage Period” means a period of three (3) years or such other period as the Company may notify on the Website beginning from the date of purchase of the relevant Gold and represents the maximum period for which a User, being the owner of the relevant Gold, is permitted to store the Gold in the custody of the Vault Keeper:

Provided that for this purpose the date of purchase shall be the date on which the Gold in question is first reflected as a part of the User’s Confirmed Gold Balance;

14. “Nodal Account” means a bank account held by and in the name of the payment gateway;

15. “Person” includes individual, association, corporation, partnership firm, limited liability partnership, joint venture, Hindu undivided family, trust, unincorporated organisation, body corporate, joint stock company, society, co-operative society, government, a political entity, division or sub-division, an instrumentality of government, and any other entity, Person or organisation of any form or nature whatsoever including all artificial, legal or juridical Persons, and “natural Person” and “individual” means a human being;

16. “Prior Written Consent” means the express prior written consent, granted by the Company specifically for a particular case and not generally, signed either manually or digitally by an officer or employee in the Company’s legal department specifically in response to a request for such consent, to the extent that such prior written consent specifically addresses the particular activity or conduct for which such request for consent was made;

17. “SafeSona Account” means a virtual and electronically accessible account of a User with the Company through which a User may transact in Gold with the Company and in which a User may hold Gold to his credit even if such Gold is not in his physical custody;

18. “SafeSona Sale Price” means the price, to be determined at the Company’s sole discretion, at which a User may sell Gold owned by him and forming part of his Confirmed Gold Balance to the Company;

19. “Third Party” means any Person who is not a party to these Terms;

20. “Third-party Sale Price” means the price, to be determined at the Company’s sole discretion, at which a User may sell Gold owned by him and forming part of his Confirmed Gold Balance to a Third Party through the Company;

21. “Purchase Price” means the whole of the price paid or payable for the purchase by the User from the Company of the Gold in question and, where the User conveys his intention to purchase Gold repeatedly over a period of time, each such purchase shall, for this purpose, be a separate purchase and, in such a case, this term includes the price paid for each such separate purchase;

22. “the User” means any user of the Website including You;

23. “the Vault Keeper” means any such Person or Persons as the Company engages by agreement, who is/ are entrusted with retaining physical custody over and storing the Gold owned by the Company or owned by any User;

24. “the Website” means the web site located at the URL https://www.safesona.com;

25. “You” means any party to these Terms other than the Company and, where the context admits, includes any User;

12. The term “You”, being defined above, may be used either in the second Person or in the third Person in these Terms and the use whether in the second Person or the third Person shall, unless the context otherwise requires, be construed as meaning the same thing and indicating the party to these Terms. Unless repugnant to the context or the subject, “You” and “User” shall ordinarily be interpreted synonymously.

13. Unless the contrary appears from the context or the subject, in these Terms, the pronoun “he” and its derivatives, grammatical variations and cognate expressions are used of any natural Person of all genders as also of legal or juridical Persons.

14. Unless the contrary appears from the context or the subject, words importing the singular number include the plural number, and words importing the plural number include the singular number.

15. The provisions of these Terms shall be construed as covenants or representations as the context may demand even if not couched in express terms to that effect. To illustrate, the mere statement of a fact in these Terms would suffice to indicate that the parties to these Terms both agree and accept that that is the factual position. It shall not be necessary to use phrases such as “the User/ the Company agree/ represent”.

16. The headings in these Terms are inserted for convenience and shall not affect the construction of these Terms save as required to resolve such ambiguities in the text of the provisions themselves as cannot otherwise be resolved.

4. YOUR USE OF THE WEBSITE

17. Only Persons competent to contract under the Contract Act, 1872 are permitted to use the Website. Therefore, if You are a minor, You shall not become or continue as a User of the Website or create a SafeSona Account. The Company reserves the right to undertake the Account Closure Process to terminate Your SafeSona Account and/ or refuse to provide You with access to the Website or to Your SafeSona Account or otherwise suspend or deactivate Your SafeSona Account in any manner whatsoever if it comes within the Company’s knowledge that that You are, or were at any time when You were using the Website, under the age of 18 years.

18. You agree, undertake and confirm that You shall not use any computer resource or website to host, display, upload, modify, publish, transmit, update or share any information which:

    1. belongs to another Person and to which You do not have any right;

    2. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially or ethnically objectionable;

    3. is disparaging, relating to or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;

    4. unlawfully threatens or unlawfully harasses including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;

    5. is misleading in any way;

    6. is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;

    7. harasses or advocates the harassment of another Person;

    8. involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";

    9. promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;

    10. infringes upon or violates any Third Party's rights including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorised disclosure of a Person's name, email address, physical address, Aadhaar information or phone number, and rights of publicity;

    11. promotes an illegal or unauthorised copy of another Person's copyrighted work such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;

    12. contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);

    13. provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits Personal information from anyone;

    14. provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;

    15. contains video, photographs, or images of another Person (with a minor or an adult);

    16. tries to gain unauthorised access or exceeds the scope of authorised access to the Website or to profiles, blogs, communities, SafeSona Account or other account information, bulletins, friend request, or other areas of the Website or solicits passwords or Personal identifying information for commercial or unlawful purposes from other users;

    17. engages in commercial activities and/or sales without the Company’s Prior Written Consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of "virtual" products related to the Website.;

    18. solicits gambling or engages in any gambling activity which the Company, in its sole discretion, believes is or could be construed as being illegal;

    19. interferes with another USER's use and enjoyment of the Website or any other individual's User and enjoyment of similar services;

    20. refers to any website or URL that, in the Company’s sole discretion, contains material that is inappropriate for the Website or any other website, contains content that would be prohibited, or violates the letter or spirit of these Terms;

    21. harms minors in any way;

    22. infringes any patent, trademark, copyright or other proprietary rights or any Third Party's trade secrets or rights of publicity or privacy;

    23. is fraudulent or involves the sale of counterfeit or stolen products;

    24. involves the commission of any offence under any Law for the time being in force or violates any Law for the time being in force;

    25. deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

    26. impersonates another Person or causes any Person to impersonate another Person or has the effect of resulting in any Person impersonating another Person;

    27. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;

    28. contains any trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or Personal information;

    29. threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or morality, or causes incitement to the commission of any offence or prevents investigation of any offence or is insulting any other nation.

    30. is false, inaccurate or misleading;

    31. directly or indirectly, offers, attempts to offer, trades or attempts to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any Law for the time being in force; or

    32. creates any liability for the Company or causes the Company to lose (in whole or in part) the services of the Company’s internet service provider(s) ("ISPs") or other suppliers.

19. You shall not use any "deep-link", "page-scrape", “web-scrape”, "robot", “crawler”, "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent process, whether manual or electronic or otherwise, to access, acquire, copy or monitor any portion of the Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available by the Company on or through the Website. The Company reserves its right to bar any such activity.

20. You shall not attempt to gain unauthorised access to any part, section, portion, page or feature of the Website, or any other systems or networks connected to the Website or to any server, computer, network, or to any of the services offered on or through the Website, or any of the Company’s electronic infrastructure including its computers, websites, databases, cloud storage, etc. by hacking, password "mining" or any other illegitimate means.

21. You shall not probe, scan or test the vulnerability of the Website, any network connected to the Website or any features thereof, or breach the security or authentication measures on the Website, or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to Website, or any other customer, including any SafeSona Account on the Website not owned by You, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the Website.

22. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other Person's use of the Website.

23. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal You send to the Company on or through the Website or any service offered on or through the Website. You may not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity.

24. You may not use the Website or any content for any purpose that is unlawful, violates the letter or spirit of any Law, is prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of the Company and/ or others.

25. You shall at all times ensure full compliance with all Laws whether domestic or international including the Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time to the extent that they directly or indirectly relate to or govern Your use of the Website and Your legal relationship with the Company.

26. Solely to enable the Company to use the information You supply the Company with, so that the Company is not violating any rights You might have in Your information, You agree to grant the Company a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple layers/ tiers) right to exercise the copyright, publicity, database rights or any other rights You have in Your information, in any media now known or not currently known, with respect to Your information. The Company will only use Your information in accordance with these Terms and the applicable Law.

27. You may not transmit any chain letters or unsolicited commercial, spam, or junk email to other Users via the Website. It shall be a violation of these Terms to use any information obtained from the Website in order to harass, abuse, or harm another Person, or in order to contact, advertise to, solicit, or sell to another Person other than the Company without the Company’s Prior Written Consent.

28. You understand that the Company has the right at all times to disclose any information (including the identity of the Persons providing information or materials on the Website) as necessary to satisfy any requirement by or under Law or governmental request. This may include, without limitation, disclosure of the information in connection with any inspection, inquiry or investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order, summons or process. In addition, the Company can (and You hereby expressly authorise the Company to) disclose any information about You to the government or any governmental department, official or agency, as the Company, in its sole discretion, believes necessary or appropriate in connection with the inspection, inquiry or investigation and/or resolution of possible crimes, especially those that may involve personal injury.

29. The Company shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, the letter or spirit of any Law or these Terms or any of the Company’s policies including the Privacy Policy.

30. It is possible that Users (including unauthorised Users or "hackers") may post or transmit offensive or obscene material on the Website and that You may be involuntarily exposed to such offensive and obscene material. It also is possible for others to obtain Personal information about You due to Your use of the Website, and that the recipient may use such information to harass or injure You. The Company does not approve of such unauthorised uses, but by using the Website You acknowledge and agree that the Company is not responsible for the use of any Personal information that You publicly disclose or share with others. Please carefully select the type of information that You publicly disclose or share with others and on the Website.

31. Except as expressly provided in these Terms, no part of the Website and no content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, Website or other medium for publication or distribution or for any commercial enterprise, without the Company’s Prior Written Consent.

32. The Company reserves the right to take necessary action and claim damages resulting from Your intentional or unintentional involvement or participation in any manner whatsoever whether on Your own, through any other Person or Persons or computer systems or technology, or both on Your own and through any other Person or Persons or computer systems or technology, in DoS (Denial of Service)/DDoS (Distributed Denial of Services).

33. You acknowledge and accept that, notwithstanding anything contained in any other provisions of these Terms, the Company has the right to undertake the Account Closure Process and/ or to refuse to provide You with access to the Website or to Your SafeSona Account or otherwise suspend or deactivate Your SafeSona Account in any manner whatsoever if You violate any provisions whatsoever of these Terms.

5. YOUR ACCOUNT AND YOUR OBLIGATIONS

34. While You can browse some parts of the website without registering, You acknowledge and accept that You are required to create or register a SafeSona Account in order to undertake a transaction and access some other parts of the website. To create or register a SafeSona Account, You are required to provide Your mobile phone number and/ or Your e-mail ID. Your mobile phone number and/ or e-mail ID is/ are treated as Your primary identifier by the Company. It is Your responsibility to ensure that the Company at all times has with it Your correct, current and operational mobile phone number and e-mail ID. You agree to notify the Company promptly of any change in Your e-mail ID or mobile phone number, but in no case later than fifteen (15) days of such change, by following the process for the same by undertaking one or more verification processes including one-time password verification processes. Any failure on Your part in this respect will deprive You of the right to claim that any document, information or notice required to be served on You by or under these Terms was not duly served or was not served within the time required by these Terms. Without prejudice to the generality of the scope of Your responsibility in respect of activities and transactions undertaken or occurring in or through Your SafeSona Account or by the use of Your Login ID/ Username/ Display Name and password, You agree that the Company shall not be liable or responsible for any consequences arising from the use or misuse of any information that occurs in or through Your SafeSona Account or by the use of Your Login ID/ Username/ Display Name and password where You have failed to so notify the Company of any change in Your mobile number or e-mail ID.

35. If You create or register a SafeSona Account with the Company on its website, You shall be solely responsible for keeping Your Login ID/ Username/ Display name and password confidential. You shall be solely responsible for all activities that occur in or through Your SafeSona Account or by the use of Your Login ID/ Username/ Display Name and password. All activities and transactions undertaken in or through Your SafeSona Account or by the use of Your Login ID/ Username/ Display Name and password shall be deemed to have been carried out by You personally and not by anybody else.

36. A SafeSona Account can be used for nothing other than transacting with the Company and for the User thereof to check and track his balances.

37. You agree and accept that You shall not:

    1. create any SafeSona Account for anyone other than Yourself, except with the Prior Written Consent of the Company after furnishing to the Company all such documents, information and evidence that the Company may require for this purpose;

    2. use a SafeSona Account that is in the name of any Person other than You; and

    3. use a name for a SafeSona Account that is in any manner offensive, indecent, immoral, objectionable, vulgar, obscene, opposed to public policy, illegal or unlawful,

and that any such action on Your part could result in the Account Closure Process.

38. You agree that if, at any stage and in any circumstances, You provide any information that is untrue, inaccurate, not current, incomplete or not in accordance of these Terms, or if the Company has reasonable ground to suspect that such information is untrue, inaccurate, not current, incomplete or not in accordance with these Terms, the Company shall have the right to:

    1. indefinitely suspend or terminate or Your SafeSona Account and/ or undertake the Account Closure Process;

    2. forbid and prohibit You from accessing Your SafeSona Account;

    3. forbid and prohibit You from accessing the Website;

    4. use any means to prevent You from accessing Your SafeSona Account; and

    5. use any means to prevent You from accessing the Website.

39. Your SafeSona Account is intended also to be a record of Your transactions with the Company and the corresponding balances. You may view an Account Summary by logging into Your SafeSona Account on the Website. If, at any point in time, You are of the opinion that Your Account Summary does not reflect the correct position or that the changes made thereto do not accurately reflect the transactions undertaken and/ or orders/ requests placed by You, You are required to write to the Company at contact@safesona.com. The Company shall, thereupon, take all necessary action so as to remove, correct or set right such identified discrepancies and may, to this end, require You to furnish such records, documents and/ or information as the Company considers necessary.

40. You shall not create a SafeSona Account without naming a nominee to the account to whose credit the assets remaining in the account (e.g. Your Confirmed Gold Balance) will stand upon Your incapacity, death or incompetence to contract. If such nominee is a minor, You will be required to furnish to the Company such information, particulars and documents as the Company may deem necessary in respect of the major guardian (other than You) of the minor nominee. The Company may require such information or documents (including, necessarily, particulars of the postal address, e-mail ID and phone number(s) of the nominee) as it deems necessary to satisfy itself of the identity and the genuineness of the nominee. The nominee may be required by the Company to undergo the KYC Process. You will ordinarily be required to confirm, at least once every year (to be reckoned from the date of creating Your SafeSona Account) the genuineness and existence of Your nominee. You will have the right to change Your nominee by following the process laid out by the Company for this purpose.

6. KNOW-YOUR-CUSTOMER (KYC) PROCESS

41. You acknowledge, accept and recognise that:

    1. You will be required by the Company to complete a KYC Process at or before the time at which You create a SafeSona Account;

    2. You may be required by the Company to complete a KYC Process at any later time (i.e., even after the creation or registration of Your SafeSona Account or even after Your having successfully undertaken transactions through the Website or with the Company or even after You have ceased to use or operate the Website or Your SafeSona Account or even after You have completely ceased to transact with the Company) notwithstanding that a KYC Process has been completed at or before the time at which You created a SafeSona Account with the Company;

    3. You will, to this end, be required to provide documents or information of such nature, in such form and in such manner as the Company determines so as to enable the Company to satisfy itself (either by itself or through a Third Party) of Your identity;

    4. The KYC Process may be carried out by the Company or by a Third Party;

    5. If the KYC Process is carried out by a Third Party, Your KYC documents or information will be made available to that Third Party for verification;

    6. If the KYC Process is carried out by a Third Party, the Company may rely exclusively on the opinion of the Third Party as to Your identity and may not itself verify the documents or information furnished by You;

    7. While the Company respects Your privacy and Your right thereto, if the KYC Process is carried out by a Third Party, the Company accepts no responsibility or liability for any disclosure of such information or any loss, injury or damage caused to You by any such disclosure;

    8. You will not be permitted to create a SafeSona Account or transact on the Website without completing the KYC Process in such manner and time as the Company determines;

    9. Any SafeSona Account created or any act, deed or thing done by You or in respect of You by the Company or any transaction undertaken between You and the Company without Your having duly completed the KYC Process shall be voidable at the exclusive option of the Company;

    10. You may be required to give a variety of information including as to Your citizenship as a part of the KYC Process; and

    11. You may be required to prove Your identity through any number of means including by furnishing a photograph, a video recording or an audio-cum-video recording of Yourself taken by You (such as a selfie).

42. You hereby grant the Company all necessary and appropriate permission/s to conduct such verification as is necessary for the KYC Process, in such form and manner as the Company may deem fit. You further acknowledge that the Company reserves the right for such verification either on registration of Your SafeSona Account or at any time thereafter and that any failure to fulfil the requirements of any KYC Process could result in the Account Closure Process.

43. You accept, acknowledge and recognise that the Company may require the KYC Process to be completed in respect of Your nominee too.

7. THE SALE OF GOLD TO USERS

44. The Company offers Gold and Services to Users who wish to purchase Gold for personal consumption in accordance with these Terms. You are not and shall not be permitted to purchase Gold from the Company for any purpose other than personal consumption. Users shall be entitled to purchase Gold from the Website at the Purchase Prices displayed on the website. The Purchase Prices are subject to change without notice to You or any User.

45. A User who intends to purchase Gold may place a Customer Order in the manner provided for on the Website or in any other manner with the Prior Written Consent of the Company.

46. A Customer Order once made cannot be cancelled by the User. However, this shall not in any manner affect the right of the Company to refuse to service or accept a Customer Order if and to the extent that any payment required to be made in respect of the Customer Order fails for any reason.

47. At or before the time at which You place the Customer Order, You will be required to make payment of the Purchase Price through a payment gateway or in such other manner as the Company may require, to the Collection Account. You recognise that although You are required to make a payment to the Collection Account, if such payment is made using a payment gateway, the monies will first be deposited into the Nodal Account and only from there into the Collection Account in such manner and within such time as is agreed upon between the payment gateway and the Company.

48. Once a Customer Order is validly placed:

    1. Within 1 (one) Business Day of the Customer Order being placed or such further period as may be required by the Company, You will be intimated by e-mail and/ or SMS at the e-mail ID and/ or mobile number notified to the Company and/ or as required by the Company on the Website of the fact that the Customer Order has been placed;

    2. Within 1 (one) Business Day of the Customer Order being placed or such further period as may be required by the Company, the Company shall electronically issue an “Order Receipt” indicating the receipt of the Customer Order by the Company and describing the particulars of such Customer Order but not indicating its fulfilment or completion;

    3. Within a period of 1 (one) Business Day of the Customer Order being placed or such further period as may be required by the Company, You will be able to view the particulars of the Customer Order placed on Your Account Summary; and

    4. If a Customer Order is accepted and the Company agrees to service the Customer Order, within a period of 5 (five) Business Days of the receipt of the Purchase Price in the Collection Account in respect of that Customer Order, You will be able to view the particulars of the Gold relating to the Customer Order as Confirmed Gold Balance.

49. You will become the owner of the Gold in respect of a Customer Order (i.e., title in the Gold will pass to You) only upon the completion of all of the following:

    1. receipt of the Purchase Price in the Collection Account;

    2. the Gold being stored on Your behalf by the Vault Keeper and not on behalf of the Company or any other Person or User;

    3. the Gold being reflected as “Confirmed Gold Balance” on Your Account Summary; and

    4. an invoice being issued by the Company in respect of the Customer Order in question to the extent of the sale actually made.

50. The Company shall issue an invoice to You within 15 (fifteen) Business Days of the Your obtaining ownership of the Gold.

51. The Company reserves the absolute right to refuse to service to any Person (either with respect to the sale of Gold or any other service or activity or offering of the Company), any User, or in respect of any Customer Order, in any manner with or without cause or reason and under any circumstances whatsoever. The Company also reserves the right to reverse or cancel any sale made to any User or Person ex post facto and to consequently refund to such User or Person the value of the relevant Gold at the point in time at which the sale is so cancelled or reversed whether with or without cause or reason and under any circumstances whatsoever. The Company shall, in any such event, refund or pay to the relevant User or Person any amount that it becomes liable to pay in such circumstances based on the nature of the event. In respect of such refunds/ payments, the provisions of these Terms concerning payments and refunds shall, so far as may be, apply. Any other conflicting, more restricted or narrower provision on these matters contained in these Terms are without prejudice to the absolute generality of this power. The Company also reserves the right to undertake the Account Closure Process in any circumstances whatsoever.

52. The Company reserves the right to refuse to service a Customer Order and/ or undertake the Account Closure Process, at its sole discretion, if:

    1. any of Your information is, in the Company’s opinion unacceptable, false or otherwise deficient in any manner; or

    2. the Company is of the opinion that, for any other reason, You are not eligible to purchase gold.

53. If the Company refuses a Customer Order, it shall refund any monies received from the User or Person who placed the Customer Order in the manner provided for by these Terms. If the Company cancels, refuses to service or rejects a Customer Order on account of any fault on the part of the User, it may charge fees therefor and collect it in such manner as it thinks fit including but not limited to recovery out of the amounts falling consequently due to the User by the Company.

54. The User’s SafeSona Account shall reflect any such cancellation, refusal or reversal within five (5) Business Day of such event.

55. Notwithstanding the foregoing, the Company also has the right to freeze, temporarily deactivate or suspend the SafeSona Account of any User and to undertake the Account Closure Process if it discovers any defect or deficiency or incompleteness in the KYC Process or any other documentation or information or the violation of any Law.

56. The Company reserves the absolute right to, without notice to the User, impose limits on or otherwise restrict the number or monetary quantum (whether individually or in aggregate) of transactions or payments it may receive from any User or Person, or from or by means of any particular method or instrument of payment including particular credit or debit cards, bank accounts, mobile and electronic wallets including those held with payment gateways and other service providers, etc., or in respect of any one or more Customer Orders. The Company also reserves the right to refuse to process any transactions exceeding such limits and to undertake the Account Closure Process in the event of three or more requests to process transactions exceeding such limits.

57. The Company may, at its sole discretion, make appropriate arrangements for enabling Persons (donors) to gift Gold through the website to other Persons (donees). However, there shall not, without the Company’s Prior Written Consent, be gifts of Gold owned by the donor or Gold relatable to pending Customer Orders. In order for a gift to take place, both the donor and the donee must be Users who have registered or created or are registering or creating or will register or will create SafeSona Accounts. A gift shall not be complete unless both the donor and the donee have SafeSona Accounts. Nothing in these Terms shall be construed as permitting any User to voluntarily transfer any Gold from his SafeSona Account to any other Person’s SafeSona Account without the Prior Written Consent of the Company at its sole discretion.

58. The Gold available for sale with the Company are solely for the purpose of sale in India. The Company makes no representation that the Gold is legal, appropriate, compliant or available for use anywhere outside India. If You choose to access the Website or make a purchase from outside India, You do so at Your own risk. The Company is not responsible for the supply of the Gold or for payments, refunds or other remittances where the User or the place of delivery is outside India. You accept and acknowledge that it is Your sole responsibility to comply with the laws of the jurisdiction whose laws extend to You. Further, the Company does not represent that it delivers Gold to all parts of India.

59. As required by Law, if You make a Customer Order for an amount equal to or above ₹2,00,000 (two lakh rupees), You will be required to upload a scanned copy of Your PAN (Permanent Account Number) card relating to the Income Tax Department through the Website within 4 (four) Business Days of making the Customer Order failing which the Customer Order will not be serviced or, if serviced, the sale made will be reversed or appropriately cancelled and the payments refunded in accordance with the provisions of these Terms governing refunds. The Customer order will, similarly, not be serviced or the sale made reversed/ cancelled if Your name as per the information provided by You in the KYC Process does not match Your name on the PAN card and You are not able to satisfy the Company of the genuineness of the PAN card, the documents submitted and the information provided during the KYC Process, and/ or Your identity.

8. PAYMENTS AND REFUNDS

60. You understand that upon initiating a process for raising a Customer Order or conducting a purchase from the Company, You are entering into a legally binding and enforceable contract with the Company to purchase the Gold and/ or avail any services using the payment gateway, and You shall, when necessary, pay the Purchase Price through Your Issuing Bank to the Company into the Collection Account, whether or not through the Nodal Account and whether or not using the payment gateway.

61. You recognise that You will, if payments are required by the Company to be made through a payment gateway, have a separate legal relationship with the payment gateway and that in any circumstances, You will have a separate legal relationship with Your bank or payment service provided which will govern all payments made by You to the Company, and acknowledge, agree and accept that you will fulfil your obligations thereunder and comply with the policies and requirements of the payment gateway, bank and payment service provider. You also recognise that the Company too has a legal relationship with the payment gateway and its banks and acknowledge, agree, accept and covenant that You will not hold the Company liable for any loss or damage that may arise to You on account of any fault, failure or requirement of the payment gateway and/ or banks. You also recognise that these Terms do not govern Your legal relationship with the payment gateway, the bank and the payment service providers and do not in any manner bind those Persons as they are Third Parties.

62. Refusals, cancellations or reversals as contemplated in these Terms could result in refunds or other payments becoming payable to the User.

63. Any refund to be made by the Company to any User or Person under these Terms shall be made:

    1. through the same medium in which the payment was made by the User, or

    2. to the bank account of the User, information in respect of which has been furnished to the Company by the User,

within Five (5) Business Days from the later of:

1. the date of reversal, refusal of service, cancellation or any other event by which the right to a refund or a payment vests in the User or Person against the Company; or

2. the date on which the User furnishes to the Company the particulars of the bank account or instructions as to the means in which the refund is to be made.

64. Any payment to be made by the Company to any user or Person in accordance with these Terms shall be made only in Indian Rupees. Where any such payment is a refund, the amount that will be refunded will be computed in Indian Rupees on the basis of the value in Indian Rupees of the relevant payment received by the Company disregarding any foreign exchange fluctuation.

Illustration: A User makes a payment to the Company of US $50 which was received by the Company after conversion at the following rate: US $1 = ₹50. The amount received by the Company thus ₹2,500. A refund of this amount to the User will be quantified at ₹2,500 only irrespective of the prevailing exchange rate.

65. The Company will ordinarily accept payment only in Indian Rupees. Nothing in these Terms shall be construed so as to indicate the contrary.

66. The Company shall not be liable for any consequences of the User furnishing erroneous or incorrect particulars of the bank account or other means of payment by which the Company is to make any payment to the User.

67. It is possible that a refund or other payment to be made by the Company under these Terms cannot be made to the credit of an account held with one or more particular banks. If this situation arises, notwithstanding the other provisions of these Terms, the Company shall intimate the User/ Person of the same and the User/ Person shall furnish to the Company particulars of alternative means of payment. If such alternative means of payment involves the incurrence of any expenditure on the part of the Company, the refund/ payment shall be made after deducting therefrom the amount of such expenditure.

68. Notwithstanding the other provisions of these Terms, any refund shall be conditional and shall be with recourse available to SafeSona in case of any misuse by the Person to whom the refund is to be made.

69. The Company may, where any refund or other payment is to be made by it under these Terms, require You to furnish such additional documents or information as the Company thinks fit.

70. The Company reserves the right to refuse to process Transactions by any Person or User with a prior history of questionable acts/ behaviour including without limitation any breach by such Person or User of any agreement between him and SafeSona or any breach/ violation of any law or any charges imposed by Issuing Bank or the breach of any policy.

71. The Company may, with or without cause or reason and in any circumstances whatsoever, conduct such further checks or inquiries other than as provided under these Terms as it deems fit before:

    1. accepting or approving the receipt of a Purchase Price or any other sum from any User or Person; or

    2. accepting the commitment of any User or Person to pay a Purchase Price or any other sum.

72. The Company may pay any amounts (including refunds) payable by it to a User/ Person to any such other Person as may be required by or under any Law for the time being in force including but not limited to a requirement under a garnishee order or other such order.

73. Without prejudice to any other provisions in these Terms in respect, the User acknowledges that the Company will not be liable for any damages, interests, costs, claims etc. resulting from:

    1. its refusal or failure to process any transaction,

    2. any delay in processing a transaction;

    3. any refusal to service any Person/ User;

    4. any cancellation of a Customer Order; and/ or

    5. any ex post facto reversal or cancellation of a sale.

9. CUSTODY AND MATTERS INCIDENTAL THERETO

74. You understand, acknowledge and accept that:

    1. Your purchase of Gold from the Company does not automatically contemplate the delivery of the Gold so purchased to You;

    2. Delivery of the Gold purchased by You will be made only upon:

       1. Your making a valid Delivery Request in accordance with these Terms; or

       2. The expiration of the Maximum Storage Period; and

    3. A separate fee or charge may be levied by the Company for delivery.

75. While the Company will not ordinarily levy fees or charges for custody/ storage within the Maximum Storage Period, You recognise and accept that the Company may do so. The Company reserves the right to levy fees or charges for custody/ storage. You are required to periodically visit and check the “pricing and fees” section on the Website to keep Yourself abreast of fees or charges for delivery/ storage/ custody.

76. The Vault Keeper will, unless You duly request delivery in accordance with these Terms and until such request is executed in accordance with these Terms, retain custody (but not possession) over the Gold to the extent of Your Confirmed Gold Balance in vaults or other secure storage facilities operated by it. You recognise, accept and acknowledge that as the Vault Keeper is not the Company but a Third Party, the actual physical custody of such Gold will be with that Third Party and not with the Company.

77. You hereby authorise the Vault Keeper to retain custody and store the Gold owned by You. You also authorise the Company to select a Vault Keeper at its sole discretion, whether such Vault Keeper is the Company itself or a Third Party.

78. At present, the Vault Keeper is Brinks India Private Limited.

79. The Company represents that to ensure that the Gold so stored is adequately protected, aside from physical and technological security measures, the Vault Keeper has secured necessary and sufficient insurance cover over the Gold at a cost borne by the Vault Keeper. Accordingly, in the event of any loss or damage, You hereby expressly authorise the Company to do all such acts, deeds and things as are necessary to make and realise insurance claims in Your stead and to take all necessary steps to protect Your interests in the Gold as well as the Gold itself.

80. However, You acknowledge that even reasonable and sufficient insurance cover does not protect against all eventualities and that there are risks that may fall outside the scope of the insurance taken. You thus accept that neither the Company nor the Vault Keeper will be liable for loss, damage or destruction of Gold or for non-performance of or delays in service, damage, liability, or expense directly or indirectly caused by or contributed to by or arising from:

    1. any chemical, biological, bio-chemical, or electromagnetic weapon;

    2. the use or operation, as a means for inflicting harm, of any computer, computer system, computer software, computer software programme, malicious code, computer virus or process or any other electronic system;

    3. ionising radiations from or contamination by radioactivity from any nuclear fuel or from any nuclear waste or from the combustion of nuclear fuel;

    4. the radioactive, toxic, explosive or other hazardous or contaminating properties of any nuclear installation, reactor or other nuclear assembly or nuclear component thereof;

    5. any weapon or device employing atomic or nuclear fission and/or fusion or other like reaction or radioactive force or matter; or

    6. the radioactive, toxic, explosive or other hazardous or contaminating properties of any radioactive matter not being radioactive isotopes, other than nuclear fuel, when such isotopes are being prepared, carried, stored, or used for commercial, agricultural, medical, scientific or other similar peaceful purposes.

81. Neither the Company nor the Vault Keeper shall be liable for loss, damage or destruction of the Gold or for non-performance of or delays in service, liability, cost or expense directly or indirectly caused by, resulting from or in connection with any act of terrorism or any action taken in controlling, preventing, suppressing or in any way in relation to any act of terrorism. An act of terrorism means an act, including but not limited to the use of force or violence and/or the threat thereof, of any Person or group(s) of Persons, whether acting alone or on behalf of or in connection with any organization(s) or government(s), committed for political, religious, ideological or similar purposes including the intention to influence any government and/or to put the public, or any section of the public, in fear.

82. You shall not have any right whatsoever to create any charge or encumbrance on the Gold owned by You and forming part of Your Confirmed Gold Balance unless You take physical custody thereof. Gold owned by You but held in the custody of the Vault Keeper must remain absolutely free from any charge, encumbrance, pledge, lien or hypothecation, by whatever name called, in whatever manner created and of whatever nature. You recognise that the Gold not being subject to any such charge, encumbrance, etc. is a necessary condition to the Vault Keeper retaining custody thereof. Any violation of this provision will result in the initiation of the Account Closure Process. The Company hereby refuses to take notice of or be a party in any manner (including as a witness) to any instrument creating or recognising or affirming any such charge, encumbrance, pledge, lien or hypothecation.

10. DELIVERY AND MATTERS INCIDENTAL THEREO

83. You shall be entitled to procure delivery of any Gold You own forming a part of Your Confirmed Gold Balance by placing a delivery request directly on the Website in the manner provided for thereon (referred to in these Terms as “Delivery Request”) provided that such delivery is to be made within any of the states listed for the time being on the Website as states to which delivery can be made. The Company reserves the right to change the states to which it is willing and able to deliver without notice to You including by ceasing to deliver to a particular state.

84. You acknowledge and accept that delivery of Gold owned by You shall be subject to a delivery charge that may be collected or recovered by the Company in such manner as it thinks fit.

85. You will be entitled to place a Delivery Request in multiples of one two (12) grams subject to a minimum of four two (42) grams per delivery. Any request for delivery not conforming with these specifications shall not constitute a Delivery Request. Therefore, the Company will not fulfil any request for delivery if the User making the request has less than four two (42) grams in such User’s Confirmed Gold Balance.

86. Once You place a Delivery Request, and upon the Company’s acceptance thereof, Your SafeSona Account shall immediately thereafter be provisionally debited corresponding to the quantity of the Gold sought to be delivered (“Delivered Gold”).

87. Within a period of 7 (Seven) Business Days of the Delivery Request being so accepted or such further period as may be required by the Company, the Company shall arrange for delivery of the Delivered Gold at the shipping address furnished by You. You shall be solely responsible for the correctness of the address furnished by You in this respect. You shall not ordinarily be entitled to change the shipping address after the Delivery Request is accepted by the Company. In the event that You wish to change the shipping address, You have to log into Your SafeSona Account and a request for such change in such form and manner as is indicated by the Company. The Company does not represent that it will accept or agree to or consent to such a request. The Company may require You to provide such documentation/ information evidencing the new address as may be required by the Company.

88. You acknowledge and accept that You are required to carefully examine the package delivered immediately upon delivery at Your address and in the personal presence of the courier/ delivery-man/ other Person who has brought the Delivered Gold to You, and that You shall not accept deliveries where the packaging has been tampered with.

89. If, however, You are of the view that the package delivered has been tampered with, You are required to:

    1. Notify, by email to contact@safesona.com or in such manner as the Company may provide on the Website, the Company immediately and in no case more than two (2) days after delivery of any defect in or on, or tampering of the package;

    2. Provide such other information as may be required by the Company in this regard and request, in such manner as the Company may specify, that the package be returned (“Return Request”); and

    3. If You place a Return Request and such Return Request is approved by the Company, within a period of 5 (five) Business Days of such approval, package the Gold delivered to You in such manner as the Company may specify and send it in such manner as the Company may specify to such address as the Company may specify, the costs of such packaging and sending being borne by the Company.

90. Within a period of 7 (seven) Business Days of a Return Request being placed, the Company shall either approve or reject the same and furnish reasons to You in the event of a rejection.

91. If a Return Request is approved, the Company shall forthwith intimate You of such approval and, within seven (7) Business Days of the Company’s receipt of the Gold sent by You in good condition, arrange for re-delivery of the Delivered Gold at the shipping address indicated by You. The costs for such shipping shall be borne by the Company alone, and not by You.

92. However, in the event of an unreasonable or baseless Return Request, the Company reserves the right, at its sole discretion, to take any and all action as it thinks fit, including black-listing, undertaking the Account Closure Process, blocking You from using any services or purchasing Gold from the Company or accessing or using the Website.

93. Where a Return Request is approved and the Gold is returned to the Company, the Company may refuse to re-deliver or replace the returned Gold if it suspects or is of the view that the returned Gold has been tampered with by the User.

94. Upon signing the delivery receipt or other document requiring acknowledgement of delivery, You acknowledge the receipt of the Delivered Gold in terms of the Delivery Request placed with the Company. The Company shall not be liable to You for any refund or replacement, under any circumstance, for any subsequent complaint with respect to such delivery and/or any failure on Your part to comply with these Terms.

95. Upon receipt of any document evidencing the completion of delivery to You, the Company will debit the Delivered Gold to Your SafeSona Account. The Confirmed Gold Balance will thus commensurately reduce (i.e., the provisional debit shall be rendered final).

96. It shall be Your responsibility to ensure that You are available personally to receive the Delivered Gold at the time of delivery. If You are not available at the time of delivery, the Company/ courier will attempt to contact You telephonically and thereafter attempt to deliver the package once more no later than 3 (three) Business Days after the first attempt at delivery before returning the same to the Company. In such event, the Return Request will be treated as “foregone” and the relevant Gold shall not be debited to Your SafeSona Account, provided however that SafeSona is of the opinion that the packaging has not been tamped with. Delivery charges in respect of any first subsequent return request following a Return Request so foregone shall be borne exclusively by You to the extent of the delivery charges on the foregone Return Request.

97. If the Company is unable to make deliveries on account of events beyond the Company’s control, the Company shall intimate You of the same and may require that the deliveries be effectuated through specific modes and/ or at specific times. You hereby agree to accept delivery in such mode and/ or at such time as the Company specifies. If such a situation arises on account of any event within Your control, You hereby agree to bear any additional costs and fees necessary for the delivery to be complete.

98. You are required to take delivery of Your Gold within the Maximum Storage Period. For the purposes of making a mandatory delivery to You on account of the actual or proximate expiration of the Maximum Storage Period, You are required to provide a valid address and/ or any other documents or information that the Company may in its sole discretion consider necessary.

99. In the event that no valid address has been provided by You during the Maximum Storage Period, the Company shall, for a period 1 (one) year commencing from the date of expiry of the Maximum Storage Period (the “Grace Period”) attempt at least three times to contact You using the contact information provided by You to the Company to obtain either (i) an address to which You would require delivery, or (ii) Your bank account details into which sale proceeds of the relevant Gold shall be deposited.

100. In the event that the Company has not been able to contact You during the Grace Period using the contact information provided by You or where You fail to:

     1. take delivery of the relevant Gold for any reason whatsoever during the Grace Period (including where You have not provided any address to take delivery of such gold); or

     2. provide the details for a valid bank account into which the proceeds of any sale of such Customer Gold is to be deposited,

upon expiry of the Grace Period, the Company may, without notice to You, purchase the relevant Gold at the SafeSona Sale Price.

101. The proceeds realized from such sale (“Final Sale Proceeds”) after deducting such amounts as are payable by You to the Company as storage charges for any storage after the Maximum Storage Period, shall be remitted to You if the Company has been notified of a means of remittance to You in the manner contemplated by the provisions of these Terms concerning payments and refunds. If such remittance is for any reason considered impossible or risky (in the Company’s sole discretion), the Final Sale Proceeds shall be deposited into a separate no-lien bank account created for this purpose alone and operated by the Company who shall be the sole holder of such bank account. In the event that You shall during a period of a period of 3 years commencing from the date of expiry of the applicable Grace Period (such period being the “Final Claim Period”) notify SafeSona that You are claiming the applicable Final Sale Proceeds, the SafeSona shall issue suitable instructions to transfer the Final Sale Proceeds to such bank account as You shall notify for this purpose. Please note that to claim the Final Sale Proceeds You will be required to provide details of a valid bank account and that the Final Sale Proceeds will not be transferred in the absence of such details. At no time will the Final Sale Proceeds be paid to You in cash. In the event that You shall not claim its Final Sale Proceeds within the Final Claim Period, then the Final Sale Proceeds shall be transferred to Your nominee.

102. You shall not be entitled to any share in any interests or other profits or gains that may arise out of the holding of the Final Sale Proceeds by the Company on account of Your failure to perform any of Your obligations to the Company. You shall not, under any circumstances whatsoever, be entitled to any interest, compensation or any other sum over and above the Final Sale Proceeds.

11. SALE OF THE USERS’ GOLD

103. You recognise and acknowledge that the Company does not represent that it will facilitate or provide for the sale by You of any Gold either to the Company or to any Third Party. The Company will not ordinarily provide for or facilitate such sale. However, the Company may do so on a best-efforts basis. Provisions of these Terms relating to the sale of Your Gold forming a part of Your Confirmed Gold Balance are in respect only of sales the Company offers to facilitate on this basis. The Company neither represents nor guarantees that this facility or provision will be available to You at all times. The Company neither represents nor guarantees that You will be able to sell any Gold without You taking physical delivery thereof, or directly to another User.

104. Without prejudice to any other provisions in these Terms, the Company shall be entitled to sell, without notice, Your Gold forming part of Your Confirmed Gold Balance to the extent necessary to apply the proceeds of such sale to satisfy any dues to the Company from You in respect of any fees or charges whatsoever including but not limited to Purchase Prices. The Company, in such a situation, may refuse to service or may reject a Delivery Request on this ground alone.

105. The Company has, at its sole discretion and at any time or under any circumstances whatsoever, the right to refuse:

     1. to buy Gold owned by You and forming part of Your Confirmed Gold Balance; and/ or

     2. to provide for or facilitate such sale.

106. The Company may, at its sole discretion, levy such fees, charges or other sums as it considers necessary or expedient to facilitate or provide for any sale of Gold owned by You and forming part of Your Confirmed Gold Balance to any Third Party or to itself buy Gold owned by You and forming part of Your Confirmed Gold Balance, and may recover such sums in such manner as it thinks fit.

107. Any sale of Gold owned by You to any Person other than the Company shall be at the Third-party Sale Price.

108. You recognise that the Company has the exclusive right to identify the purchaser of the Gold sold or intended to be sold or to be sold by You or on Your behalf and that this purchaser may be the Company itself. If the purchaser is a Third Party, the Company shall not be liable for any loss or damage arising from that Third Party’s actions. You may be required to enter into a separate agreement with the Third Party for the sale of the Gold owned by You and forming part of Your Confirmed Gold Balance.

109. To sell Gold owned by You through the Company or the Website to a Third Party, You shall raise a Sale Request in the manner provided for by the Company. Your raising the Sale Request shall amount to Your consenting to selling the Gold at the Third-party Sale Price.

110. Upon the Company accepting the Sale Request, Your SafeSona Account shall be debited to the extent of the Gold so sold (hereafter, “Sold Customer Gold”). You will be able to view this in Your Account Summary.

111. Subject to the other provisions of these Terms, within a period of 7 (seven) Business Days of the Sale Request being confirmed or such further period as may be required by the Company, the proceeds of the sale shall, pursuant to the Sale Request, be disbursed by the Company to the User selling the Gold. The provisions of these Terms relating to Payments shall, so far as may be, apply to the disbursement of sale proceeds by the Company to the User.

112. The Company does not guarantee that Your Gold will be sold at a particular price or at a competitive price or at a price that will result in a profit to You.

113. The Company reserves an absolute right to reject or refuse to service a Sale Request with or without cause under any circumstances whatsoever. The provisions of these Terms concerning reversal of sales made to You and cancellation of Customer Orders and all related matters shall, mutatis mutandis, apply in respect of sales of Your Gold too.

12. DISCLAIMERS, INDEMNITIES, LIMITATION OF LIABILITY AND NO-GUARANTEES

114. You shall release, indemnify, defend and hold harmless the Company, and any of its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorneys' fees and expenses, of third parties relating to or arising out of:

     1. these Terms or the breach of Your warranties, representations and obligations under these Terms;

     2. the Website or Your use thereof;

     3. the Gold or Your use thereof;

     4. any intellectual property or other proprietary right of any Person;

     5. Your violation of any provision of these Terms;

     6. Your breach of any of the Company’s policies including the privacy policy; or

     7. any information or data you supplied to the Company.

115. When the Company is threatened with suit or sued by a third party, the Company may seek written assurances from You concerning your promise to indemnify it. Your failure to provide such assurances may be considered by the Company to be a material breach of these Terms. The Company will have the right to participate in any defence by You of any claim by a Third Party related to Your use of the Website, the Gold or Your relationship or transactions with the Company, with counsel of the Company’s choice at its expense. The Company will reasonably cooperate in any defence by You of any claim of a Third Party at Your request and expense. You will have sole responsibility to defend the Company against any claim, but You must receive the Company’s Prior Written Consent regarding any related settlement. This provision shall survive any termination or cancellation of these Terms or Your use of the Website or the Gold or the cessation of Your transactions or relationship with the Company.

116. The Company does not directly or indirectly guarantee any returns on any transaction to any Person. You shall be solely responsible for undertaking appropriate and effective due diligence and analysis before undertaking any transactions with or in relation to the Company. You further acknowledge and agree that the Company and its officers, directors, employees, agents and affiliates will incur no liability in relation to any of Your transactions or decisions on or in relation to the Website or the Company.

117. The Website, all the materials and products (including but not limited to software), services, included on or otherwise made available to You through the Website are provided on "as is" and "as available" basis without any representation or warranty, express or implied, except as otherwise specified in writing. Without prejudice to the generality of the foregoing the Company does not warrant that the Website will be constantly available, or available at all or that anything on Website constitutes, or is meant to constitute, advice of any kind. The Company also makes no warranty that the information provided on the Website is accurate, reliable, complete or timely, or that the links to websites or Third Parties are to information that is accurate, reliable, complete or timely. No advice or information obtained by You from the Company shall create any warranty not expressly stated herein.

118. The Gold and any services are governed by different Laws and if the Company represents that it may be unable to fulfil any of its obligations in respect of the Gold, any services, payments or refunds on account of any Law (particularly any Laws of different states). The Company does not represent that the Gold and any of its services comply with any laws in any jurisdiction other than the Republic of India.

119. You will be required to enter a valid phone number while placing an order on the Website. By registering Your phone number with us, You consent to be contacted by the Company via phone calls, SMS messages, notifications, mobile applications and/or any other electronic mode of communication in case of any order or shipment or delivery related updates. We will not use Your Personal information to initiate any promotional phone call or SMS message.

120. The Website may display images of the articles of Gold that are available for purchase. These images may represent the articles of Gold to be larger or smaller than their actual size or of a better or worse quality or of a different colour than the actual article on account of technical reasons such as the nature or configuration of the screen on which the Website is being used, photography techniques and lighting conditions. The Company shall not be liable for any such variance. It shall, however, be the endeavour of the Company to ensure that full details regarding the product are clearly displayed on the Website.

121. Information may, at times, for reasons beyond the Company’s control, be inaccurately displayed on the Website. The Company reserves the right, at its sole direction, to correct or otherwise suitably deal with any and all errors when they do occur and also reserves the right to not honour any requests/orders placed by Users based on any such inaccuracy whether concerning the prices, fees or charges, or any other matter.

122. The prices quoted by the Company are fixed and non-negotiable. The prices on the Website are also subject to change without notice to any Person including the Users.

123. You recognise, accept and acknowledge that the Website and/or any other part of the Platform may contain errors or inaccuracies that could cause failures, corruption or loss of data and/or information from Your device and from peripherals (including, without limitation, servers and computers) connected thereto. You assume all risks and costs associated with Your use of the Website and Your transactions with the Company, including without limitation, any costs incurred for the use of Your device and any damage to any equipment, software or data.

124. Without prejudice to the other provisions of these Terms, You hereby acknowledge that the Company (including but not limited to its, directors, employees, agents or partners) shall not be held liable to You for any special, consequential, incidental, and exemplary or punitive damages, or loss of profit or revenues. The Company shall also not be liable under any circumstances for damages arising out of or related in any way to Your inability to access or Your difficulty in accessing the Website or in availing any services or purchasing any goods from the Company including through any mobile based software applications/ programs due to any bugs, viruses, trojan horses or the like, which may be transmitted to or through the Website by any Third Party, any loss of Your data, any claim relating to Your data or content from the services, or Your failure to keep the information relating to Your SafeSona Account secure and confidential. You further agree that the Company shall not be held responsible in any manner whatsoever for any and all acts of any intermediaries between the Company and You.

13. INTELLECTUAL PROPERTY

125. To the extent that the Company creates the content on the Website, such content is protected by the Law of India, foreign nations and international bodies relating to intellectual property. Unauthorised use of the material may violate copyright, trademark, and/or other laws. You acknowledge that your use of the content on this Website is for personal and non-commercial purposes only. Any links to websites of any Third Party are provided solely as a convenience to You. The Company does not endorse the contents of/ on any such Third Party websites. The Company is not responsible for the content of or any damage that may result from your access to or reliance on such websites of Third Parties. If you link to websites of Third Parties, you do so at your own risk.

126. By using the Website, you are granted a limited, non-exclusive, non-transferable right to use the content and materials on the Website in connection with your normal, non-commercial, use of the Website. You may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without the express written authorization of the Company or, as the case may be, the applicable Third Party.

127. By posting, storing, or transmitting any content on the Website, you hereby grant the Company a perpetual, worldwide, non-exclusive, royalty-free, assignable right and license to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit and assign such content in any form, in all media now known or hereinafter created, anywhere in the world. The Company does not have the ability to control the nature of the user-generated content offered through the Website. You are solely responsible for your interactions with other users of the Website and any content you post. The Company is not liable for any damage or harm resulting from any posts by or interactions between users. The Company reserves the right, but has no obligation, to monitor interactions between and among users of the Website and to remove any content the Company deems objectionable in the Company's sole discretion.

128. The Company respects the intellectual property of others. If You believe that Your intellectual property rights have been infringed, You can write to the Company at contact@safesona.com.

14. TERMINATION

129. The provisions of this section titled “Termination” are without prejudice to the other provisions of these Terms.

130. Without prejudice to any other provisions of these Terms, the Company may terminate its agreement with You (including as in these Terms) and cease and refuse to carry on transactions with you (including by undertaking the Account Closure Process) with or without cause or reason at any time and under any circumstances. Without prejudice to the generality of this power, such right to termination will accrue to the Company if:

     1. You in any manner commit any default of Your obligations to the Company under these Terms or under any agreement with the Company;

     2. You fail to make payments due to the Company;

     3. You have, at any stage or under any circumstances provided false information to the Company including information provided in the KYC Process;

     4. You have violated any contractual terms or other stipulations governing Your relationships with Third Parties (such as payment gateways) related to the Company; or

     5. You have violated any Law in relation to Your transactions with or through the Company or in relation to anything whatsoever that has a bearing on Your relationship or transactions or holdings with the Company.

131. If You fail to make payments for the purchase of Gold that You have committed to purchase, the Company will send You two reminders, at least 5 (five) Business Days apart, at your registered e-mail id and registered mobile phone. If You fail to make payments within 5 (five) Business Days after the second such reminder, the Company in its sole discretion may initiate the Account Closure Process.

132. The Company may also, in its sole discretion, modify, suspend, or terminate Your access to all or any portion of the Website or Your ability to access or avail of any services offered by the Company or to purchase the Gold from the Company (both of these whether through the Website or otherwise) at any time with or without cause or reason. Without prejudice to the generality of the foregoing, such eventuality may follow in the event of a termination for breach of these Terms or the privacy policy or any default by the User in respect of the User’s obligations to the Company.

133. You shall be entitled to terminate the SafeSona Account by contacting SafeSona at contact@safesona.com or, as the case may be, by following any procedure that may be provided for in that respect on the Website.

134. These Terms shall further stand terminated:

     1. if the Company is adjudged bankrupt or declared insolvent;

     2. if the Company ceases to carry on its business or has communicated to You its intention to cease to carry on its business;

     3. upon any corporate action (excluding any Third Party corporate action), legal proceedings or other procedures or steps being taken in relation to the suspension of payments, winding up, dissolution, administration, provisional supervision or reorganization or restructuring (by way of voluntary arrangement, scheme of arrangement or otherwise) of the Company;

     4. upon the Company commencing a voluntary proceeding under any applicable bankruptcy, insolvency, winding up or other similar applicable Law now or hereafter in effect, or consenting to the entry of an order for relief in an involuntary proceeding under any such applicable law, or consenting to the appointment or taking possession by a receiver, liquidator, assignee (or similar official) for the whole or a substantial part of its property or takes any action towards its re-organization, liquidation or dissolution;

     5. upon an order being made for the winding up, bankruptcy or dissolution of SafeSona, or an application is admitted for initiating any corporate insolvency resolution process against SafeSona in accordance with Applicable Law;

     6. upon any encumbrancer lawfully taking possession, or a liquidator, judicial custodian, receiver, administrative receiver or trustee or any analogous officer having been appointed in respect of the whole or a substantial part of the property of SafeSona, or an attachment, sequestration, distress or execution (or analogous process) being levied or enforced upon or issued against whole or a substantial part of the assets or property of SafeSona, or any action has been taken or suffered against SafeSona towards liquidation or dissolution or similar reorganization;

     7. upon a liquidator or provisional liquidator being appointed to SafeSona or a receiver, receiver and manager, trustee or similar official being appointed in respect of SafeSona or any of its assets; or

     8. upon the occurrence of an event analogous to any or all of the above.

135. Without prejudice to the other provisions of these Terms, upon the occurrence of any of the events referred to in above, and where there is any insufficiency of funds required to pay any costs and expenses to be incurred in relation to providing delivery of Your Customer Gold to You, then in such an event You do hereby authorise the Company to sell any part of the Customer Gold, that is necessary or required to defray such costs and expenses.

136. Upon any termination, the Account Closure Procedure shall be followed.

15. ACCOUNT CLOSURE PROCESS

137. The provisions of this section deal with the Account Closure Process and govern all situations, howsoever arising, where the Company intends to close or closes a SafeSona Account under any circumstances.

138. A User may voluntarily request (in such manner as is provided for on the Website) that the Account Closure Process be initiated in respect of his own SafeSona Account.

139. The Account Closure process may be undertaken with or without any notice to the User and with or without any cause or reason.

140. The consequence of the Account Closure Process are as follows:

     1. There shall be no balances outstanding (whether of monies or of Gold) as between the Company and the User;

     2. The relevant SafeSona Account cannot be accessed by any User;

     3. The relevant User shall not be permitted to transact with the Company through that SafeSona Account;

     4. None of the User’s content shall be accessible by the User on the Website or recoverable subsequently by the User;

     5. The Company shall furnish to the User (electronically or otherwise) an account closure statement showing detailed particulars of the transactions undertaken by the User through the relevant SafeSona Account;

     6. The User whose SafeSona Account was subjected to the Account Closure Process may, at SafeSona’s sole discretion, be barred from further accessing or using the Website; and

     7. The User shall, however, continue to be bound by those of the provisions of these Terms which survive the termination of these Terms.

141. The Account Closure Process shall be undertaken as follows.

     1. Where the User has Gold owned by the User forming a part of the User’s Confirmed Gold Balance, the Company shall intimate the User of the existence of such Gold and shall, at the option of the User to be exercised within thirty (30) days of such intimation, either:

        1. Sell such Gold and have the sale proceeds thereof remitted to such User (hereafter, “the Sale Option”); or

        2. Physically deliver such Gold to the User subject to a minimum delivery quantity of four two (42) grams and subject to delivery being in multiples of one two (12) grams and sell the balance (i.e., quantities of Gold less than one gram); (hereafter, “the Delivery Option”); or

        3. To exercise the Sale Option in part, and the Delivery Option in respect of the balance of such Gold (“the Hybrid Option”).

     2. You recognise, acknowledge and accept that You are required to make the choice between the Sale Option, the Delivery Option and the Hybrid Option within thirty (30) days of the Company’s intimating You of the existence of such Gold. You recognise, acknowledge and accept that if You do not make the choice within the said thirty (30) day period, the Company shall have the exclusive right to make that choice immediately upon the expiration of the thirty (30) day period.

     3. You recognise, acknowledge and accept that You may not have the right to make the choice even within thirty (30) days of the said intimation if the Company suspects or has reason to believe that there is any fault, fraud, misrepresentation, or wrong on Your part of any nature whatsoever in relation to Your transactions and dealings with the Company.

     4. In the case of the Sale Option, the provisions of these Terms governing the sale of Gold owned by the User shall, so far as may be, apply, provided that the Company shall sell the Gold within a period of thirty (30) Business Days from the date of selection of the option and remit the net sale proceeds after deducting all expenses, costs, fees and charges within sixty (60) Business Days of the later of such sale or the date on which the Company is intimated of a correct and workable means of payment.

     5. In the case of the Delivery Option, the provisions of these Terms governing the delivery of Gold owned by the User shall, so far as may be, apply.

     6. In the case of the Hybrid Option, the immediately preceding provisions as well as the provisions of these Terms governing the sale and the delivery of Gold owned by the User shall apply to the respective extents of such sale and delivery.

     7. In the case of the Delivery Option, where the address for delivery is an address to which the Company cannot, for any reason, deliver the Gold, notwithstanding the foregoing, the Company shall be bound to:

        1. Intimate the User of its inability to deliver the Gold;

        2. Intimate the User that the Account Closure Process will be undertaken as if the Sale Option was chosen by the Company; and

        3. Proceed to undertake the Account Closure Process as per the Sale Option as set out hereinabove.

     8. Any Customer Orders that have not been executed shall stand cancelled forthwith and any monies remitted by You to the Company in that respect shall be refunded to You in the manner provided for by the provisions of these Terms concerning payments and refunds.

     9. The Company shall have a right to levy such account closure charges as it thinks fit of which the Company shall intimate the User at the time of initiation of the Account Closure Process or at such time as the Company thinks fit. Such charges may be levied and collected by the Company in such manner as it thinks fit. Ordinarily, they shall be collected as follows:

        1. In the case of the Sale Option or in the case of the Hybrid Option to the extent of sale, the Company shall deduct such charges from or recover such charges out of the sale proceeds payable to the User;

        2. In the case of the Delivery Option or in the case of the Hybrid Option to the extent of delivery, the Company may either:

           1. deduct such charges from or recover such charges out of the amounts payable to the User in respect of fractional Gold that cannot be delivered, or

           2. require the User to pay such charges in such manner as it thinks fit as a precondition to delivery.

     10. Notwithstanding anything contained hereinabove, the Company reserves the right, upon the initiation of the Account Closure Process, to sell so much of the Gold owned by the User as is necessary to satisfy dues to it from the User.

142. The Company does not represent that any or all of the Sale Option, the Delivery Option and the Hybrid Option will be available to any or all Users at any or all times.

16. EMAIL ABUSE AND THREAT POLICIES

143. Private communication, including email correspondence, is not regulated by the Company. The Company encourages its Users to be professional, courteous and respectful when communicating by email.

144. However, the Company will investigate and can take action against any communication that it considers as being violative of the Company’s policies including but not limited to:

     1. Threats of Bodily Harm: The Company does not permit Users to send threats of bodily harm;

     2. Misuse of the Company’s computer resources, systems and/ or the Website: The Company allows Users to facilitate transactions through the Company’s computer infrastructure, but reserves its right to and will investigate any misuse of this service;

145. Spoof (Fake) e-mail: The Company will never ask You to provide sensitive information through e-mail and You are required to report the same to the Company through the appropriate means provided for on the Website or at contact@safesona.com.

146. Spam (unsolicited commercial email): The Company’s prohibits all Persons against sending spam messages or in any manner sharing any spam by, on, through or in relation to the Website or his transactions and correspondence with the Company.

147. Offers to Buy or Sell Outside of the Company or the Website: The Company prohibits email offers by any Person other than the Company to buy or sell products offered by it outside the Website. Offers of this nature are a potential fraud risk for both the buyers and sellers.

148. These Terms prohibit User-to-User threats of physical harm via any method including, phone, email and on Our public message boards.

149. Violations of this policy may result in a range of actions, including:

     1. Limits on privileges incidental to or arising from or related in any manner to a SafeSona Account;

     2. Suspension of a SafeSona Account; and/ or

     3. The Account Closure Process.

17. MISCELLANY

150. This document is published, inter alia, in accordance with the provisions of rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011.

151. This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

152. The Company’s Privacy Policy for the time being is hereby incorporated as a part of these Terms.

153. When You use the Website or send emails or other data, information or communication to us, You agree and understand that You are communicating with the Company through electronic records and You consent to receive communications via electronic records from the Company periodically and as and when required. We may communicate with You by email or by such other mode of communication, electronic or otherwise.

154. When You use the Website or send emails or other data, information or communication to the Company, You agree and understand that You are communicating with the Company using electronic records.

155. You hereby consent to receive communication by means of electronic records from the Company periodically. You hereby consent to the Company communicating with You by email or by such other mode of communication, electronic or otherwise, as the Company thinks fit. You shall be permitted to opt out of any communication amounting to marketing or advertisement.

156. You recognise, acknowledge and accept that these Terms govern the Company’s legal relationship with You and that the Company is free to enter into agreements different or varying whose terms at variance terms with these Terms with any or more other Users including You. You recognise, acknowledge and accept that the Company may enter into other written agreements with You governing the legal relationship between You and the Company that may supplement and/ or be at variance with these Terms. You hereby consent to receive communication in any manner respect of or relating in any manner to such other agreements.

157. You recognise, acknowledge and accept that in the course of transactions or activities between You and the Company, it is possible that You may be required to and may enter into legal relationship with other third parties such as the payment gateway and that these Terms do not govern those relationships and do not in any manner bind those third parties.

158. You recognise, acknowledge and accept that the Company does not necessarily create all the information offered or content available on the Website.

159. The Company reserves the right to charge any fees at any time without notice to the Users for any service or activity or sale for which it does not, for the time being, charge any fees.

160. If, at any point, You, having a SafeSona Account, disagree with or do not consent to the whole or any part of these Terms as they stand for the time being, You shall intimate the Company of such absence of consent and the Account Closure Process shall follow,

161. You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about the Company or the brand name or domain name used by the Company including the terms “SafeSona”, “SafeSona.com”, or otherwise engage in any conduct or action that might tarnish the image or reputation of SafeSona or otherwise tarnish or dilute any SafeSona's trade or service marks, trade name and/ or goodwill associated with such trade or service marks, trade name as may be owned or used by the Company. You agree that You will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or SafeSona's systems or networks, or any systems or networks connected to SafeSona.

162. The invalidity or unenforceability of any term, phrase, paragraph, restriction, covenant, agreement or any provision of these Terms shall in no way affect the validity or enforceability of any other term, phrase, paragraph, restriction, covenant, agreement or any provision of these Terms .

163. You shall comply with all applicable Laws (including but not limited to the Foreign Exchange Management Act, 1999 and the rules made and notifications issued thereunder including the Exchange Control Manual as may be issued by Reserve Bank of India from time to time, the Customs Act, the Information and Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, the Prevention of Money Laundering Act, 2002, the Foreign Contribution Regulation Act, 1976, the Income Tax Act, 1961, the Goods and Services Tax laws including but not limited to the Central Goods and Services Tax Act, 2017 and the Integrated Goods and Services Tax Act, 2017, together with the rules, regulations, notifications, circulars, orders, guidelines, etc. made under each of these statutes, and the Export Import Policy of the Government of India) in Your transactions with the Company, Your usage of the Website and Your transactions with the payment gateway relating to the Company.

164. You accept and acknowledge that the Company may assign all or any part of its rights or duties under these Terms in favour of any Person including a Third Party without such assignment being considered a change to these Terms and without notice to You.

165. Neither Party to these Terms shall be responsible for any delay in the performance of any obligations hereunder to the extent that such delay is caused by war, revolution, riot, act of public enemy, terrorism, sabotage, epidemic, quarantine restrictions, accident, fire, flood, tempest, earthquake, civil commotion, governmental action, act of God, strike, lock-out, fire, break-down, war, destruction of network, web space or website by way of hacking, virus, defacement, stoppage of display or regulation, or restriction of Government, inability to secure Government authorisation or approval, or any other cause beyond their reasonable control. If at any time during the term of these Terms the performance in whole or in part by any one of the Parties, of any obligation under these Terms is prevented or delayed by any such cause, the other party shall not be entitled to terminate these Terms neither shall any Party have any claim for damages against the other in respect of such non-performance or delay in performance, provided notice of the happening of any such event/s is given by the affected Party to the other within twenty one (21) days from the date of occurrence thereof.

166. The failure of the Company to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. No waiver by either Party of any of their terms hereof or of any breach thereof shall constitute or be deemed to be a waiver of any such terms or of any breach in any other case whether prior or subsequent thereto.

167. The Company may, at its sole discretion and in any particular case or cases or generally in respect of a particular category of transactions or class of Persons, waive or refuse to fulfil any requirement of any consent including any Prior Written Consent set out herein.

168. All correspondence or notices under on in relation to these Terms shall be served by registered post acknowledgement-due or by email or in such manner as may be provided for on the Website and shall always be in writing.

169. For the purposes of the Information Technology Act, 2000 including sub-rule (11) of rule 3 of the Information Technology (Intermediaries Guidelines) Rules, 2011 made thereunder, the Company’s grievance officer is Shri Rajnish Jha who may be reached by email at rajnish@safesona.com or at the following postal address: ____________. SafeSona Private Limited, Workafella, 150, 1, Infantry Road, Opposite the Police Commissioner’s Officer, Vasanth Nagar, Bengaluru - 560001. You may report your suffering(s) as a result of access or usage of computer resources by any person in violation of rule 3 of the said rules by email or post addressed to the said grievance officer. Disputes between the User and the Company may also be resolved by resort to the dispute resolution procedure set out in these Terms.

18. DISPUTE RESOLUTION

170. If any dispute, controversy or claim amongst the Parties arises, whether during the period in which these Terms are in force in relation to the User or Users in respect of whom such dispute, controversy or claim arises or after such period or after the termination of these Terms in relation to such User or Users, out of or in connection with these Terms, including the breach, termination or invalidity hereof, including any modified or amended term or terms of these Terms including those arising out of any remission, settlement or waiver by whatever name called and including out of or in connection with transactions undertaken between the Company and the User or involving those two parties or through the website (“Dispute”), the following procedure shall be followed.

     1. If the dispute, controversy or claim is raised by or originates from the User, the User shall intimate the Company by email at dispute@safesona.com . Such an email shall constitute a Dispute Notice. Alternatively, the User may serve a dispute notice on the Company by post.

     2. The parties shall then use all reasonable endeavours to negotiate with a view to resolving the Dispute amicably.

     3. If the parties are unable to resolve the dispute amicably within forty-five (45) Business Days of the date of service of the Dispute Notice, the Company shall then have the exclusive right (but not an obligation) to refer the dispute to a panel of arbitrators to consist of three arbitrators and to be appointed in the manner prescribed by subsection (3) of section 11 of the Arbitration and Conciliation Act, 1996.

     4. Such arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996 or any statutory modification or re-enactment thereof, for the time being in force. The venue of the arbitration shall be Bengaluru. The language of the arbitration shall be English.

     5. The Parties shall bear their own legal and other costs and expenses incurred in relation to any such claim, controversy or dispute, whether referred to arbitration or not. This shall not, however, take away the arbitrator’s right to award costs or require any party to the arbitration to pay the costs and expenses of another party thereto. Any arbitration proceeding hereunder shall be conducted on a confidential basis.

     6. This clause 170 shall survive the termination of these Terms and shall continue in force after these Terms have ceased to operate qua any User.

171. Notwithstanding anything else to the contrary contained in these Terms, by entering into these Terms, You irrevocably waive any right you may have to join claims with those of other in the form of a class actions or similar procedural devices. Any claims arising out of, relating to, or connection with these Terms must and can only be asserted individually.

172. Some illustrative disputes are as follows: (i) wrong item received; (ii) damaged or seal broken on product; and (iii) non-payment of dues by the User or the Company.

173. Any benefit arising out of the aforesaid procedure (including the benefit of the procedure itself) shall only apply in respect of a defective product/ packaging complaint raised by the User if the relevant Dispute Notice is served on the Company no later than ten (10) Business Days from the date of delivery.

174. You acknowledge and accept that raising a dispute by serving a Dispute Notice on the Company constitutes only the initiation of the dispute resolution process and that the result of the dispute (including whether You are entitled to any compensation) will be determined only later. You acknowledge and accept that raising a dispute does not, by itself, create, in your hands, any right to refund or return.

175. Claims in the nature of “buyer’s remorse” will not be entertained by the Company and shall not be entitled to any benefit arising out of the aforesaid procedure (including the benefit of the procedure itself).

176. Notwithstanding anything contained in these Terms, the Company reserves its right to initiate civil and/ or criminal proceedings against any User who, files an invalid and/ or false claim or provides false, incomplete, or misleading information.

177. The Company shall have the right to sell any Gold owned by You but kept in the custody of the Vault Keeper so as to apply the proceeds of such sale towards the satisfaction of any dues payable by You to the Company. Without prejudice and in default of the above, the Company shall also enjoy an absolute and unconditional lien (amounting to an exclusive first charge) over Gold owned by You but in the custody of the Vault Keeper in respect of any monies payable to the Company by You.

178. The Company may require additional information, documents, records or clarifications from a User so as to facilitate the resolution of any Dispute. In the event that the User does not respond to such requirement within ten (10) Business Days of such requirement being raised, the User shall be deemed to have foregone all of his claims relevant to the dispute in question.

19. APPLICABLE LAW AND JURISDICTION

179. These Terms shall be governed by, and interpreted and construed in accordance with the laws of India. The courts of the city of Bengaluru shall, without regard to conflict of law principles, have jurisdiction to try/ entertain/ adjudicate upon any dispute that may arise hereunder. Neither You nor the Company will commence or prosecute any suit, proceeding or claim to enforce the provisions of these Terms, to recover damages for breach of or default of these Terms, or otherwise arising under or by reason of these Terms, other than in courts located in the city of Bengaluru. By becoming a User or creating a SafeSona Account, you consent to the jurisdiction and venue of such courts in connection with any action, suit, proceeding or claim arising under or by reason of these Terms. You hereby waive any right to trial by jury arising out of these Terms and any related documents.

180. The Website originates from Bengaluru, Karnataka, India.

181. Unless otherwise specified, the Gold available for purchase on the Website is presented solely for the purpose of sale in India. SafeSona make no representation that materials in the Website are appropriate or available for use in other locations/Countries other than India. Those who choose to access this site from other locations/Countries other than India do so on their own initiative and SafeSona is not responsible for supply of products/refund for the products ordered from other locations/Countries other than India, compliance with local laws, if and to the extent local laws are applicable.