The following Terms and Conditions with respect to Aeries Financial Technologies Private Limited’s (“Partner”) platform with respect to the Gold Accumulation Plan (“Partner Platform”) are binding on you, i.e. the Customer. The terms and conditions shall be updated from time and time and you, i.e. the Customer are required to be updated with respect to the same. The Terms and Conditions as updated shall be applicable and binding on you, i.e. the Customer.
The rights and obligations binding on the Customer are as below.
Augmont Goldtech Private Limited (“Augmont-Bullion”) operates the Gold For All platform which integrates the entire lifecycle of Gold for a one-stop solution for retail customers through channel partners.
Defined terms used in the terms and conditions but not defined thereunder shall have the meaning ascribed to the same under the Agreement.
By using the Services, you represent and warrant that you are an Indian resident above the 18 years of age and qualified to enter into a legally binding contract, enforceable under Indian law, including the Indian Contract Act, 1872. If you are not eligible to enter into any contract, then please discontinue use of the Partner Platform and leave now. If you are the parent or guardian of a child under 18 years of age, by registering/by creating an account or profile on the Platform, you provide your consent to your child’s registration and you agree to be bound by these Terms and Conditions in respect of their use of the Partner Platform and the Platform.
We will at all times assume (and by using this Platform you warrant that) you have the legal ability to purchase and sell Gold and otherwise use this Platform, and capable of being bound by these Terms and Conditions.
Further, by using the Partner Platform, You confirm that you are not registered under any applicable Goods and Services Tax Act, 2017 and that if, in the course of your relationship with the Partner Platform and/or Augmont-Bullion’s Platform, you become registered under the applicable Goods and Services Tax Act, 2017, you shall inform the Partner of your change in status immediately, and no later than 24 hours of such change, and provide any relevant information and documents, as may be requested by the Partner and/or Augmont-Bullion pursuant to change of Your status on registration under the applicable Goods and Services Tax Act, 2017. If necessary, You shall seek independent tax advice, and these Terms and Conditions do not constitute any tax advice to You.
To enable the Customer(s) to enter into any Transaction, the Customer(s) will be required to open a GAP account with Augmont-Bullion using the Partner Platform. The account opening is subject to (i) 2 (two) factor authentication as may be required by Augmont-Bullion, and (ii) compliance with the defined registration process as specified to the Customer and subject to terms and conditions of Augmont-Bullion; and (iii) subject to Augmont-Bullion KYC requirements as applicable and made available by Augmont-Bullion.
The Customer(s) are not obligated to make any fixed or periodic payments / purchase (unless the Customer has opted for an SIP plan) and subject to GAP terms laid by Augmont-Bullion, the quantity, timeline, delivery of Customer Redeemable Products shall entirely be the choice of the Customer(s).
If the Customer has opted for a SIP plan, the terms and conditions are as follows and binding on the Customer:
The Customer(s) can make offer to purchase Gold at the prevailing Live Rate of Gold-Purchase, online through Partner Platform 24 (twenty-four) hours a day, 7 (seven) days a week, and 365 (three hundred and sixty five) days a year, by making payment of applicable Customer Charges subject to applicable terms and conditions.
The Customer(s) shall be entitled to seek redemption and physical delivery of Customer Redeemable Products, as per the terms and conditions of this Agreement after making payment of applicable Customer Charges and applicable Taxes.
The Customer(s) can also sell back any quantity of Product at prevailing Live Rate of Gold – Sell Back subject to applicable terms and conditions.
The Customer(s) can also make request to transfer Product to other Customer’s GAP account, online through Partner Platform subject to applicable terms and conditions and by making payment of requisite Customer Charges thereof.
The charges payable by the Customer(s) for various Transactions including but not limited to the Customer Charges and the breakup/components thereof, shall be as determined by Augmont-Bullion from time to time. This shall be made explicit and visible to the Customer(s) on the Partner Platform except during maintenance of the Partner Platform and/or due to any third party factors.
Augmont-Bullion will generate and issue invoice for applicable Customer Charges. These Invoices will be made available to the Customer(s) through the Partner Platform.
Augmont-Bullion will make an ‘Invitation to Offer’ on the Partner Platform with respect to Gold basis the Live Rate of Gold- Purchase. The Customer(s) desirous of purchasing Gold under GAP, can place Customer Purchase Order(s) on the Partner Platform for purchasing Gold for a minimum of Rs. 1.00 (Rupees One Only) and above incremental value thereof at the Live Rate of Gold-Purchase. The Live Rate of Gold- Purchase, as provided and updated by Augmont-Bullion, shall be displayed prominently on the Partner Platform except during maintenance of the Partner Platform and/or due to any third party factors.
On receipt of (i) Customer Purchase Order, through Partner Platform, (ii) confirmation from Partner/ Partner Platform regarding receipt of payment of applicable Customer Charges and the purchase price through Partner Platform by a valid Payment Instrument and (iii) Customer Charges and the purchase price by Augmont-Bullion in its Bank Account:
Augmont-Bullion will either (a) send the Sale Confirmation to concerned Customer, or (b) reject the Customer Purchase Order.
It is clarified that after Sale Confirmation by Augmont-Bullion, the Customer Purchase Order cannot be cancelled, revoked and/or suspended by the Partner or Customer for whatsoever reason. It is further clarified that the sale is made by Augmont-Bullion to Customer(s), and Partner is only acting as an online platform / intermediary (as defined under the Information Technology Act, 2000 and the Rules there under)to provide such Partner Services. At no time during the transaction does title to Product or any liabilities thereof attributable to Augmont-Bullion get transferred to Partner.
Upon Sale Confirmation, Augmont-Bullion will allocate and set-aside equivalent quantity of physical Gold purchased by the Customer(s) in a third party vault which will be jointly controlled and monitored by Augmont-Bullion and an Independent Trustee and shall hold the Customer’s Gold as a custodian. Title and ownership of the said Gold will pass / transfer to the Customer(s), at the time of Sale Confirmation by Augmont-Bullion,and thereafter Augmont-Bullion and an Independent Trustee will only act as a custodian of the Product subject to the terms and conditions of this Agreement.
Augmont-Bullion has represented that the Gold physically held by Augmont-Bullion against Customer’s Product will not be reinvested, sold or used to secure / avail any further return / benefits/ interests.
Partner shall be responsible to provide a secure and convenient Internet Payment Gateway for the Customer(s)to make payment of applicable Customer Charges and other amounts payable by them in respect of the “Customer Purchase Order” Transactions.
Partner shall ensure that the entire Customer Charges and other amounts payable by the Customer(s)through valid Payment Instruments are collected / received in the Bank Account of Augmont-Bullion as specified by Augmont-Bullion. Augmont-Bullion shall not be liable / responsible, in any manner whatsoever, for Loss / liability arising out of or relating to any failure of Partner due to any negligence and/or misconduct and/or system error caused solely due and attributable to the Partner in this regard.
Transfer by Augmont-Bullion to Customer in case of Sale Back Transactions will be done to Customer’s bank account in T+1 Business Days by Augmont-Bullion (where T is the date of confirmation by Augmont-Bullion regarding initiation of payment of the said amount to the Customers).
Convenience fee, if any, on Sale Back to be charged by Augmont-Bullion directly from the Customer(s) will be only as mutually agreed between Partner and Augmont-Bullion from time to time in writing.
In the event of additions/changes in taxes, hallmarking charges, exchange related costs etc. Augmont-Bullion shall be entitled to collect the same from the Customer at such time as indicated by Augmont-Bullion.
Customer(s) can redeem the Product (accumulated by them) in the form of Customer Redeemable Product by choosing from the catalogue of Customer Redeemable Products provided by Augmont-Bullion from time to time and to be hosted by Partner on Partner Platform.
Partner shall host on Partner Platform and also ensure that the Customer(s) is required to pay the applicable Customer Charges at the time of placing a Customer Redemption Instruction on the Partner Platform. Augmont-Bullion shall ensure that these charges details are shared with Partner by feeding appropriate data through API batch prior to the Transaction.
On receipt of (i) Customer’s request for redemption through Partner Platform, (ii) confirmation from Partner / Partner Platform regarding payment of applicable Customer Charges by a valid Payment Instrument, and (iii) Customer Charges by Augmont-Bullion in its Bank Account, Augmont-Bullion will redeem Customer Redeemable Products as per request of the Customer(s).It is clarified that after Redemption Confirmation by Augmont-Bullion, the Customer Redemption Instruction cannot be cancelled, revoked and/or suspended by the Customer or Partner.
Augmont-Bullion shall be responsible for delivery of the Redeemed Product to the Customer(s) in the manner set out in Clause 7 herein and may engage / authorize third party logistics partners / service providers, at their discretion, for such delivery. It is clarified that at no point of time Partner shall get the ownership of the Product/Customer Redeemable Products.
All dealings by Partner/Augmont-Bullion and/or its authorized officers with the GAP account in terms of receipts, release, accounting, stock control and reporting shall be governed by the operational procedures mentioned herein and agreed upon by the Parties. The same may be elaborated/altered/ edited mutually by the Parties from time to time in writing.
The physical Delivery of the Redeemed Products to the Customer(s) shall be in the form of Customer Redeemable Product selected by the Customer(s) from the catalogue of Customer Redeemable Products hosted by Augmont-Bullion on Partner Platform. The list of Customer Redeemable Products may be altered, changed, and amended by from time to time subject to mutual agreement between Parties, including adding any new products Augmont-Bullion may manufacture from time to time.
Each physical redemption by Customer(s) shall automatically result in a corresponding physical reduction in total gold under custody with Augmont-Bullion jointly with an Independent Trustee. Augmont-Bullion will ensure that as and when a Customer(s) raises a request for redemption by way of a Customer Redemption Instruction, the GAP account of such Customer(s) is updated so as to reflect reduction in gold balance held by such Customer(s).
Augmont-Bullion shall be responsible for the accuracy of the weight, measurement, gold content or fineness of the Redeemed Products to be delivered and the nature and authenticity of the Gold at the time of delivery to Customer(s). Each Redeemed Product shall be packaged in an individually serial numbered, assay certified packaging certifying the weight, measurement, gold content or fineness by Augmont-Bullion.
Upon receipt of the Customer Redemption Instruction, Augmont-Bullion will acknowledge the order on Partner Platform and pack the Redeemed Products based on the quantity and denomination in sealed boxes (“Order Processing”). Augmont-Bullion hereby agrees to adhere to a maximum of 1 (one) Business Day SLA for Order Processing of coins and 4 (four) Business Days SLA for Order Processing of other Customer Redeemable Products.
Augmont-Bullion will ensure that all the required information, certificate documents (where applicable) and any other relevant documents, are sent along with the Redeemed Product to enable the Customer(s) to optimally use the Redeemed Products. Augmont-Bullion shall issue a corresponding invoice in the name of the Customer(s), which invoice shall also be sent to the Customer(s)along with the Redeemed Products.
The fulfilment model provided by Augmont for the delivery of Redeemed Products to the Customer(s), shall be selected by Augmont-Bullion from time to time. The fulfilment model presently identified by Augmont-Bullion is the Augmont LMD (Last Mile Delivery) Model as detailed herein below. Augmont-Bullion may prescribe a different fulfilment model at any time in the future. Under “AugmontLMD Model”, Augmont-Bullion will be responsible for packaging and dispatching the right Redeemed Products and right quantity to the Customer(s)via the courier partner. Augmont will assign Courier partner for each shipment after Customer Redemption Order placement by Customer and the designated courier partner shall collect the shipments from Augmont-Bullion’s pickup center or warehouses at regular frequency.
The Partner shall not be liable nor responsible for any defects in Services by Augmont-Bullion, any issue in delivery of Products/Redeemed Products by Augmont-Bullion and/or any issue in the quality of Products/Redeemed Products. Augmont-Bullion shall fully indemnify the Partner against any loss and/or claim by the Customer and/or any third party in this aspect.
In the event that the Redeemed Products is not available for handover to its designated courier partners (and therefore to the Customer(s)) by the scheduled time, Augmont-Bullion shall immediately cancel the Customer Redemption Order on Partner Platform and also update the reasons of non-availability. Augmont-Bullion may, in certain cases after intimation to Partner and the Customer, not cancel the Customer Redemption Order on Partner Platform and handover the Redeemed Products after the scheduled time.
On Partner Platform, Partner will disable post-delivery returns of Redeemed Products by Customer, for any reasons whatsoever. It is hereby clarified that until delivery of the Product to the Customer, Augmont-Bullion shall be fully responsible and liable for the Product, including with respect to theft, incorrect shipment and/or damage to the Product. It is hereby clarified that the Partner is not liable for the Product at any time including post delivery of the Product. Augmont-Bullion shall fully indemnify the Partner against any loss and/or claim by the Customer and/or any third party in this aspect.
Customer(s) can transfer from their GAP account, the Product (worth Rs.1.00 (Rupees One Only) and above incremental value thereof to other Customer(s) by placing valid Transfer Instruction Favouring Customer.
On receipt of Transfer Instruction Favouring Customer from Customer, Augmont- Bullion will either (a) send the Customer Transfer Confirmation, or (b) reject the Transfer Instruction Favouring Customer. It is clarified that after Customer Transfer Confirmation by Augmont-Bullion, Augmont-Bullion cannot cancel, revoke, and/or suspend the Transfer Instruction Favouring Customer.
Upon Customer Transfer Confirmation, Augmont-Bullion will transfer the Product as per Transfer Instruction Favouring Customer of the Customer, and will debit the quantity of Product transferred by the Customer from his/her GAP account, and credit the GAP account of the transferee Customer, in whose favour the transfer is made forthwith in real time.
The Customer desirous of selling back Product or any quantity out of their holding can do so by placing Sale Back Order on the Partner Platform by specifying the value or the quantity of Gold that a Customer wants to sell back. Partner shall also ensure that the Sale Back value payable against the quantity of Product sold back by a Customer is based on the Live Rate of Gold-Sell Back, as provided and updated by Augmont-Bullion, and the sale value / quantity of Gold is displayed / visible to the Customer on the Payment Platform as and when the said Customer opts for Sale Back and feed/enters the amounts / quantity it wants to sell back. Augmont-Bullion shall ensure that Live Rate of Gold- Sell Back, details are shared with Partner by feeding appropriate data through API batch prior to the said transaction. However, the Customer can place the Sale Back Order for the respective quantity of Gold only after 48 hours of its Buy. Partner shall make sure that such 48 hours Sale Back restriction is incorporated on the Partner Platform for the Customers at all the times during the subsistence of this Agreement.
On receipt of Sale Back Order, Augmont-Bullion will either (a) send the Sale Back Confirmation, or (b) reject the Sale Back Order. Upon Sale Back Confirmation(i) Augmont-Bullion shall initiate payment to the Customer, provided that the Customer Charges for the respective quantity of Gold sold back have been received by Augmont-Bullion in its bank account, of the amount equivalent to sale value of Product (in terms of Sale Back Confirmation) by crediting the Customer’s Bank Account, and(ii) Augmont-Bullion will debit the quantity of Product sold-back by the Customer from his/her GAP account.
It is clarified that title and ownership of such Product will pass / transfer from the Customer to Augmont-Bullion at the time of Sale Back Confirmation by Augmont-Bullion.
For all Customers, Partner will provide Customer name, Unique Customer ID and State and PIN CODE to Augmont-Bullion at the time of opening of the GAP account. The Partner shall be responsible for procurement of the ‘KYC/Know Your Customer’ documents from the Customers. However, the ultimate responsibility for customer due diligence/KYC requirements and undertaking enhanced due diligence/KYC measures, as applicable, will be with the Augmont-Bullion. The Customer is required to furnish all relevant and requested KYC documents.
Augmont-Bullion will have to comply with customer KYC guideline for Customers with GAP account balance over threshold prescribed in applicable Laws.
You undertake to provide true, correct, accurate and complete KYC details in a timely manner.
“KYC/Know Your Customer” shall mean Know Your Customer where Customer’s Proof of Identity (POI) and Proof of Address (POA) is verified.
Augmont-Bullion will reject any single purchase of Rs.50,000(Rupees Fifty Thousand) or more or worth any such amount as may be decided by Augmont-Bullion from time to time which shall be within the applicable KYC guidelines if Customer has not provided valid PAN (Permanent Account Number) information.
In the event Augmont-Bullion requires any additional information regarding any Customer then Partner shall procure and provide such information and shall assist and co-operate with Augmont-Bullion for the same.
A. Detailed Process Flow and Fund Flow in respect of Purchase of Product
| Step | Process Owner | Process Action |
|---|---|---|
| 1 | Augmont-Bullion Partner | Augmont-Bullion receives payment from Customer while capturing transaction level data including Partner’s Service Charges + taxes from Partner Portal |
| 2 | Augmont-Bullion | Augmont-Bullion reconciles transaction wise payment details, flags if there are any differences. |
| 3 | Augmont-Bullion | Augmont-Bullion reconciles actual payment received |
| 4 | Partner | At month-end, Partner issues an invoice to Augmont-Bullion for its Service Charges along with applicable taxes. |
| 5 | Augmont-Bullion | Augmont-Bullion makes the payment to the Partner towards the invoice raised. |
B. Detailed Process Flow and Fund Flow in respect of Delivery of Customer Redeemable Products
| Step | Process Owner | Process Action |
|---|---|---|
| 1 | Customer | Customer initiates a redeem transaction on Partner portal |
| 2 | Customer | Customer will pay Making charge (incl. margin for Augmont-Bullion) + Delivery charge + any other taxes as applicable to Augmont-Bullion |
| 3 | Augmont-Bullion | Augmont-Bullion also gets intimation from Partner Platform about individual transaction payment |
| 4 | Augmont-Bullion | Augmont-Bullion reconciles transaction wise payment details, flags if there are any differences. |
| 5 | Augmont-Bullion | Augmont-Bullion reconciles actual payment received |
C. Detailed Process Flow and Fund Flow in respect of Sale Back
| Step | Process Owner | Process Action |
|---|---|---|
| 1 | Customer | Customer initiates transaction selects the quantity of Gold/ Rs. Worth of gold to be sold |
| 2 | Partner | Partner authenticates the Transaction |
| 3 | Customer | Customer selects the mode of fund receipt and provides details thereof. Makes payment of Augmont convenience fee (as may be applicable) |
| 4 | Augmont | Augmont credits customer’s settlement account as indicated in the above step and as per the terms of this Agreement |
| 5 | Partner/Augmont-Bullion | Partner generates an Augmont-Bullion issued purchase note for this Transaction |
Purchase: Service Charge at the time of purchase of Product by Customer includes charges for Partner Services in respect of sale of Product and/or Services by Augmont-Bullion to the Customer(s), including (i) related customer care and customer hotline management services, (ii) use of Partner Platform for hosting GAP, (iii) displaying marketing and promotion materials provided by Augmont-Bullion, (iv) doing KYC for Customer(s) as per KYC norms of the Augmont-Bullion, and (v) other services related with for sale of Product to Customer(s). It is hereby clarified that Service Charges shall be calculated on the Customer Charges (Exclusive of GST).
At the time of purchase of Product by customer, Partner will charge Service Charge as per rate mentioned in Annexure IV which shall be payable in the following manner:
| Step | Process Owner | Process Action |
|---|---|---|
| 1 | Customer | Customer initiates transaction, selects the quantity of Gold to be bought and makes the respective payments inclusive of Gold price + applicable taxes |
| 2 | Augmont-Bullion | Augmont-Bullion receives money in its Bank account |
| 3 | Partner | Partner will provide one invoice for Service Charge, every month to Augmont-Bullion before 4th of every month |
| 4 | Augmont-Bullion | Augmont-Bullion to shall make the payment to the Partner towards the invoice raised after deducting the applicable TDS. Augmont-Bullion shall deposit the such TDS as per the statutory due dates and share the TDS certificate every quarter with Partner |
Partner shall be responsible to immediately stop taking any further Customer Purchase Order, Customer Redemption Instruction, Transfer Instruction Favouring Customer, Sale Back Order, or accumulation of Product / gold through the Partner Platform.
Augmont-Bullion shall be responsible to continue providing services for a period of at-least 4 (Four) months from the date of termination (“Transition Period”) for effectuating redemption or selling of Gold by customers or transfer of balance to an alternate GAP partner of Partner (“Alternate GAP Platform”) or to Augmont-Bullion.
Partner shall be responsible for informing and communicating to Customer(s)regarding the termination of the Agreement and arrangement between the Parties, and offering the Customers to:
For the Customer(s) who have neither redeemed the Product nor transferred to alternative GAP during the Transition Period, Augmont-Bullion will be entitled to repurchase such Product at the end of Transition Period at the then prevalent Live Rate of Gold- Sell Back, after deducting applicable charges and Taxes, provided the Customer has not called for redemption.
If there is any change in the details you have provided to the Partner/Augmont Bullion, you shall immediately update us of the same.
You agree that you shall not copy, reproduce, sell, redistribute, publish, enter into a database, display, perform, modify, alter, transmit, license, create derivatives from, transfer or in any way exploit any part of any information, content, materials, services available from or through the Platform or Partner Platform.
You agree to indemnify the Partner, Augmont-Bullion, their their respective directors, shareholders, representatives, agents, officers and employees from any losses, damages, penalties, claims, costs and demands (including reasonable attorney fees and legal costs) arising out of breach or non-performance and/or non-observance of the duties and obligations, representations, warranties and covenants under the Terms and Conditions, any terms of the Platform or Partner Platform, or your acts or omissions. In no event shall the Partner, Augmont-Bullion, its affiliates, their respective directors, officers, partners, consultants, agents and employees, be liable to you or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, arising out of or in connection with Your use of or Platform, Partner Platform and the availment of services by you. You hereby unconditionally release the Partner and Augmont-Bullion of all liabilities with respect to the services and products availaed by You.
The Partner and Augmont-Bullion do not guarantee any returns on any transaction consummated with respect to the services to You, either directly or indirectly. You shall be solely responsible for undertaking appropriate and effective due diligence and related analysis before undertaking any transactions pursuant to these Terms and Conditions. You further acknowledge and agree that the Partner, Augmont-Bullion and their respective officers, directors, employees, agents and affiliates will have no liability for your purchase, any transactions or other decisions using the Partner Platform.
Please note that Partner Platform and Platform may not be available in all geographical areas and depending on your location. You may not be eligible to avail certain services. Augmont-Bullion reserves the absolute right to determine the availability and eligibility for any of the services on the Partner Platform. The Partner and Augmont-Bullion shall also not be liable or responsible for any viruses, bugs, stoppage, outage, maintenance etc. with respect to the Platform and Partner Platform.
The Partner/Augmont-Bullion are not responsible for the availability of content or other services on third party sites linked from the Platform/Partner Platform and the Company urges You to read the terms of use of the respective third-party sites, before accessing or registering with any of such third-party sites.
Further, the Partner/Augmont-Bullion do not make any warranties and expressly disclaims all warranties express or implied, including without limitation, those of merchantability and fitness for a particular purpose, title or non-infringement with respect to any information or services or products provided to you.
The Partner Platform is merely a platform to facilitate the transaction of sale and investment of Gold and will not be liable in any manner with respect to the products and/or services offered to you. You hereby agree and acknowledge that the data and information provided on the Partner Platform/Platform does not constitute advice of any nature whatsoever and shall not be relied upon by You while making investment decisions and You shall be solely responsible for any investment decisions and for the purchase of any product. In no event shall the Partner/Augmont Bullion be liable for any loss or damage that may cause or arise from or in relation to these Terms and Conditions and/or due to use of this Platform/Partner Platform or due to investments made using this Platform/Partner Platform. You agree to provide honest feedback/review about the concerned service, if required or requested by Partner/Augmont Bullion from time to time.
Partner/Augmont-Bullion shall not be liable for failure or error of any transaction on the Platform or Partner Platform or for any failure on part of the Partner/Augmont-Bullion to perform any of its obligations under these Terms and Conditions if performance is prevented, hindered or delayed by a Force Majeure event (as defined below) and in such case its obligations under these Terms and Conditions shall be suspended for so long as the Force Majeure event continues. The term “Force Majeure Event” means any event which occurred and is beyond the control of the Partner/Augmont-Bullion, including without limitations, unavailability of any communication systems, computer or internet outage, breach, or virus in the processes or payment or delivery mechanism, sabotage, fire, flood, explosion, acts of god, civil commotion, pandemic, strikes or industrial action of any kind, riots, insurrection, war, acts of government, computer hacking, unauthorised access to computer data and storage devices, computer crashes, malfunctioning in the computer terminal or the systems getting affected by any malicious, destructive or corrupting code or program, mechanical or technical errors/failures or power shut down, faults or failures in telecommunication etc.
The Terms and Conditions shall be governed and construed in accordance with the laws of India without reference to conflict of laws principles. Courts at Mumbai, India shall have exclusive jurisdiction to deal with such disputes.
© CASHe 2024