Jupiter Terms and Conditions

These Terms and Conditions govern the access and use of the Jupiter app and the services provided by Jupiter. Please read these Terms and Conditions carefully before accepting. By accepting the Terms and Conditions you agree that you have read, understood, acknowledged and accepted these Terms and Conditions, Tariff of Schedule to access and use the Jupiter app and Jupiter product and Services.

Last updated on 19 November, 2021

For ease of use, these terms and conditions have been divided into the following sections:

Overall Keywords

Some frequent and regular keywords of the banking world

General

Common Terms and Conditions applicable to the use and access of Jupiter app

Savings Account

Terms & conditions applicable to the savings account accessed via Jupiter

Debit Card

Terms and Conditions for virtual debit card and debit card

UPI

Terms and conditions governing the use of UPI

Product and Rewards

Terms and Conditions applicable for rewards and other products

Click to jump on any section

OVERALL KEYWORDS

The following words and phrases have the meaning set out below unless the context indicates otherwise:

  • Bank means and includes any partner Bank which Jupiter has partnered with, towards offering any Services.
  • NBFC means and includes any partner NBFC which Jupiter has partnered with, towards offering any Services
  • Branch means the branch of any partner Bank/NBFC which is linked to the Savings/Loan Account.
  • Business Days means days in which banks are open for business in Mumbai (India), New Delhi (India) and Bengaluru (India).
  • Debit Card means a virtual debit card or a physical VISA International Debit Card issued on opening the Savings account and includes any replacement or renewed card issued by us to you at your request or otherwise.
  • RBI means the Reserve Bank of India.
  • SEBI means the Security and Exchange Board of India.
  • Service(s) or Platform means and includes the following features in the mobile application and/or website as provided by Jupiter, collectively referred to as the “Services”.
  • Online Savings Account
  • Co-branded Debit Cards
  • United Payments Interface (UPI)
  • Quick Response Codes (QR codes)
  • Jupiter Rewards
  • Online Money Transfer
  • Spend Analyzer (Insights)
  • Financial Aggregation (Networth)
  • Credit Bureau and Scores
  • Insurance Products/Services (as permitted by IRDA)
  • Ecommerce transactions
  • Advisory Services
  • Investments
  • Any other product/service offered by Jupiter, as and when launched.
  • Third party Provider/Third Party means and includes a bank, association, company, partnership or any such entity whose facilities are used by Us to provide the Services to Users throughout the Platform.
  • Personal Information refers to the personal information provided by you to Jupiter.
  • Transaction or Payment Transaction  means (a) a payment request sent by you for sending or receiving payments; or (b) payment instruction sent by you for a debit in his or her account; (c) fixed deposit, (d) recurring deposit, (e) buying mutual funds, (f) checking account balance, etc.
  • Payment Systems Provider means the banks and other financial institutions (as defined in the Payments and Settlement Systems Act, 2007) with whom the Company has agreed to facilitate Payment Transactions.
  • Jupiter is the brand name of Amica Financial Technologies Private Limited under which all the Services mentioned in this document are provided.
  • Jupiter App means a mobile application provided to you by Amica Financial Technologies Private Limited to access the services provided by Jupiter.
  • User means any person (“You”) who signs up on the Company’s app using the Platform, mobile application and/or website. Also applies to those who transact or avail our Services through the Platform.
  • UPI means the Unified Payments Interface operated by the National Payments Corporation of India.
  • Know Your Customer (“KYC”)means the various laws and regulations issued by the RBI from time-to-time. To fulfil such KYC requirements, Jupiter procures personal identification details from You before any Services can be delivered.
  • IRDA means the Insurance Regulatory and Development Authority

GENERAL

The general terms and conditions include the common terms and conditions applicable to the use and access of Jupiter App. These terms and conditions have been divided into the following:

  1. All the abiding rules and regulations
  2. Disclosures
  3. Indemnity (warranties, arbitration and liabilities)
  4. Consents
  5. Data Privacy and Rights
  6. Third party affiliations and communications from Jupiter
  7. Miscellaneous and governing laws

All the abiding rules and regulations

  1. I agree to abide by Jupiter’s Terms and Conditions and rules in force and the changes thereto in Terms and Conditions from time to time relating to my account as communicated and made available on Jupiter's website/Jupiter App.
  2. I agree that the opening and maintenance of the account is subject to rules and regulations introduced or amended from time to time by Jupiter and/or Partner Bank.
  3. I agree that Jupiter and/or Partner Bank before opening any deposit account, will carry out a due diligence as required under Know Your Customer guidelines of partner Bank. I would be required to submit necessary documents or proofs, such as identity , address, photograph and any such information to meet with KYC, AML or other statutory/regulatory requirements. Further, after the account is opened, in compliance with the extant regulatory guidelines, I agree to submit the above documents again at periodic intervals, as may be required by the Partner Bank.
  4. I agree that the Partner Bank may, at its discretion, engage the services of Business Facilitators (hereinafter referred to as "BF") and Business Correspondents (hereinafter referred to as "BC") for extension of banking and financial services so as to ensure greater financial inclusion and increasing the outreach of Partner Bank. Partner Bank, however, shall be responsible for the acts and omission of such BC and BF.
  5. I agree that, under normal circumstances, the Jupiter and/or Partner Bank has the liberty to close my account at any time by giving me at least 30 days notice.
  6. I agree that Jupiter and/or Partner Bank can at its sole discretion, amend any of the services/facilities given in my account either wholly or partially at any time and/or provide an option to me to switch to other services/facilities.
  7. I agree that any change in my account status or change of address will be immediately informed to Jupiter and/or Partner Bank failing which I shall be responsible for any non-receipt of communication/deliverables or the same being delivered at my old address.
  8. I agree that all instructions relating to my account will be issued to Jupiter and/or Partner Bank as per acceptable mode of communication to Jupiter and/or Partner Bank.
  9. I agree to preserve my cheque book/ATM/Debit Card Card carefully. I agree to keep my Debit Card information like card number, expiry date, PIN,CVV, One Time Password (OTP) confidential. In case of loss/theft of the same I shall immediately inform Jupiter and/or Partner Bank over the mobile app. I agree that I need to Block the Jupiter Debit card from the Jupiter App and/or Help Center in such a case.
  10. I agree that I will maintain the minimum balance in my account as prescribed by Jupiter and/or Partner Bank from time to time. However, if the Average Monthly/ Quarterly Balance is not maintained, Jupiter and/or Partner Bank reserves the right to close my account without giving any prior notice.
  11. I agree that I shall be liable to pay all charges, fees, interest, costs wherever applicable, which Jupiter and/or Partner Bank may levy with respect to my account or any transaction or services rendered and the same may be recovered by Jupiter and/or Partner Bank by a debit to my account. I agree and acknowledge that in case of non-availability of adequate funds the charges will be debited to the account over a period of time till the entire amount is recovered.
  12. Partner Bank reserves the right to refuse Cheque Books, Ad Hoc Statements, PhoneBanking TINs, Internet Banking IPINs, Debit/ATM Cards & PINs to the customer, in case the Average Monthly/ Quarterly Balance in the account is not maintained.
  13. I agree that I shall not pay any amount in cash to any Sales Representative of Jupiter and/or Partner Bank at the time of opening an account or carrying out any transaction in the normal course of the business. I agree to deposit cash only at the Partner Bank teller counters at the branch premises / Cash deposit machine.
  14. I agree to execute necessary writings in the form and manner as may be required by Partner Bank in order to execute my Fax instructions to Partner Bank.
  15. I agree that Jupiter and/or Partner Bank will send me in app notification/ communications/ letters etc. through Jupiter  App /courier /messenger / mail/ call/ Whatsapp or through any other mode at its discretion and the Jupiter and/or Partner Bank shall not be liable for any delay arising there from.
  16. I agree that Jupiter and/or Partner Bank will, unless requested by me to issue a cheque book on the opening of my account, not issue a cheque book. Further issue of cheque books will be only requested by me through the Jupiter App or through ATM, PhoneBanking or Internet Banking or through Partner bank Branches.
  17. I agree and undertake to ensure that there would be sufficient funds/cleared balance/pre-arranged credit facilities in my account for effecting transactions. I agree that Jupiter and/or Partner Bank shall not be liable for any consequences arising out of non-compliance by Jupiter and/or Partner Bank of my instructions due to inadequacy of funds and Jupiter and/or Partner Bank can at its sole discretion decide to carry out the instructions notwithstanding the inadequacy of funds without prior approval from or notice to me and I shall be liable to repay with interest the resulting advance, overdraft or credit thereby created and all related charges arising thereby at prime lending rate applicable from time to time. I agree that frequent dishonor of cheques or high value cheque returns due to insufficient funds may lead to discontinuation of cheque books / closure of bank account.
  18. I agree that in the event of an account being overdrawn, Partner Bank reserves the right to set off this amount against any credit lying in any of my accounts.
  19. I agree that the transactions conducted by me at the BC counters shall be reflected in Partner Bank’s books latest by the next working day.
  20. I agree that Jupiter and/or Partner Bank shall not be liable for any damages, losses (direct or indirect) whatsoever, due to disruption or non availability of any of services/facilities due to technical fault/error or any failure in telecommunication network or any error in any software or hardware systems beyond the control of Jupiter and/or Partner Bank.
  21. I agree that Jupiter and/or Partner Bank may disclose, in strict confidence, to other institutions, such Personal Information as may be reasonably necessary for reasons inclusive of:
  • For participation in any telecommunication or electronic clearing network
  • In compliance with a legal directive
  • For credit rating by recognized credit rating agencies
  • For fraud prevention purposes
  • To credit information bureaus.

22.  I give consent to Jupiter and/or Partner Bank to disclose information provided in the account opening form for the purpose of cross selling and any other marketing agent/s and/or contractors with whom Jupiter and/or Partner Bank enters, or has entered into any arrangement, in connection with providing of services/products, including without limitation, cross selling of various financial products. Jupiter and/or Partner Bank will have to always check before any cross-sell attempt whether or not I have registered for the ‘Do Not Disturb’ facility.

Disclosures

1. Disclosure of Information to CIBIL/ Credit Bureaus:

I understand that as a pre-condition, relating to grant of the loans/ advances/ other fund-based and non-fund-based credit facilities to me, Jupiter and/or Partner Bank, requires my consent for the disclosure by Jupiter and/or Partner Bank of information and data relating to me, of the credit facility availed of/to be availed, by me, obligations assumed/ to be assumed, by me, in relation thereto and default, if any, committed by me, in discharge thereof. Accordingly, I hereby agree and give consent for the disclosure by Jupiter and/or Partner Bank of all or any such,

  • information and data relating to me
  • the information or data relating to any credit facility availed of/ to be availed, by me, and
  • default, if any, committed by me in discharge of my such obligation, as Jupiter and/or Partner Bank may deem appropriate and necessary, to disclose and furnish to Credit Information Bureau (India) Ltd. and any other agency authorised in this behalf by RBI.I, declare that the information and data furnished by me to Jupiter and/or Partner Bank are true and correct.

I, undertake that:

  • The Credit Information Bureau (India) Ltd. and any other agency so authorised may use, process the said information and data disclosed by Jupiter and/or Partner Bank in the manner as deemed fit by them; and
  • The Credit Information Bureau (India) Ltd. and any other agency so authorised may furnish for consideration, the processed information and data or products thereof prepared by them, to banks/ financial institutions and other credit grantors or registered users, as may be specified by the Reserve Bank of India on this behalf.

2. Force Majeure:

 Jupiter shall not be liable if any transaction does not fructify or may not be      completed or for any failure on the part of Jupiter to perform any of its obligations  under these Terms and Conditions or those applicable specifically to its  services/facilities if performance is prevented, hindered or delayed by a Force  Majeure event (defined below) and in such case its obligations shall be suspended  for so long as the Force Majeure event continues.

"Force Majeure Event" means any event due to any cause beyond the reasonable control of Jupiter, including without limitations, unavailability of any communication systems, breach, or virus in the processes or payment or delivery mechanism, sabotage, fire, flood, explosion, acts of god, civil commotion, 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.

Indemnity

I agree that I shall indemnify and hold Jupiter harmless against all actions, claims, demands, proceedings, losses, damages, costs, charges and expenses whatsoever which Jupiter may at any time incur, sustain, suffer or be put to as a consequence of or by reason of or arising out of providing any of the services or due to any negligence/mistake/misconduct on my part or breach or non-compliance by me of any of the Terms and Conditions relating to any of the services or by reason of Jupiter in good faith taking or refusing to take action on any instruction given by me.

Consents

1. Voluntary Consent for Aadhaar:

"I hereby submit voluntarily at my own discretion, my Aadhaar number as issued by Govt. of India, to Partner Bank and voluntarily give my consent to open account with Partner bank in my individual capacity using my Aadhaar number and / or as an authorized signatory in non-individual accounts and; to use my Aadhaar details for authentication with UIDAI. Jupiter/ Partner Bank has informed me that my information submitted to Partner Bank / BC herewith shall not be used for any purpose other than mentioned above, or as per requirements of law."

2. Voluntary Consent for Aadhaar Authentication:

I hereby submit voluntarily at my own discretion my Aadhaar number issued by UIDAI, to Partner Bank and voluntarily give my consent to use my Aadhaar number for e-KYC authentication with UIDAI as per Aadhaar Act, 2016; for the purpose of Account opening and Aadhaar linking and/or specified instructions on my Bank account in my individual capacity and / or as an authorized signatory in non-individual accounts. I understand that Jupiter will not store Aadhaar details at their end.

I, holder of the Aadhaar number, hereby voluntarily give my consent to Partner Bank to obtain and use my Aadhaar number, Name and Fingerprint/Iris and my Aadhaar details for authentication with UIDAI as per Aadhaar Act, 2016 and all other applicable laws.

Partner Bank has informed me that basis the voluntary consent given by me while submitting my Aadhaar number to Partner Bank, my Aadhaar details and identity information would only be used for e-KYC purpose, demographic authentication, validation, OTP authentication including; for availing banking services, operation of my accounts / relationships and for delivery of subsidies, benefits and services and / or any other facility relating to banking operations.

Partner Bank has informed me that my biometrics will not be stored / shared and; will be submitted to Central Identities Data Repository (CIDR) only for the purpose of authentication. Partner Bank has informed me that this consent given by me voluntarily and my Aadhaar number will be stored along with my account details within Partner Bank only. I have been explained about the nature of information that may be shared upon authentication.

I also authorize Partner Bank to link and authenticate my Aadhaar number to all my accounts / relationships with Partner Bank as may be opened in future.

I have been given to understand that my information submitted to Partner Bank herewith shall not be used for any purpose other than mentioned above, or as per requirements of law. I hereby declare that all the information voluntarily furnished by me is true, correct and complete. I will not hold Jupiter/ Partner Bank or any of its officials responsible in case of any incorrect information provided by me.

Data Privacy and Rights

1. Right of Lien/Set off:I hereby grant and confirm the existence of the right of lien and set-off with Partner Bank, which Partner Bank may at any time without prejudice to any of its specific rights under any other agreements with me, at its sole discretion and without notice to me utilize to appropriate any moneys belonging to me and lying/deposited with Partner Bank or due by Partner Bank to me, towards any of Partner Bank’s dues and outstandings under or in respect of a loan facility, including any charges/fees/dues payable under these Terms and Conditions.

2. Should I have any complaint relating to the features of any of the products/services of Partner Bank that I hold/avail of, I am aware that I can approach the Grievance Redressal Cell within Partner Bank for a resolution and if I do not get a satisfactory response within 30 days of lodging the complaint, then, under the Bank Banking Ombudsman Scheme 2006,I can approach the Ombudsman appointed by the Reserve Bank of India, in charge of the region where I hold my account, details of which are available at www.bankingombudsman.rbi.org.in

3. In case there are no transactions initiated by me / us in the account for a continuous period of two years for Savings Account and Current Account (excludes system generated transactions like credit interest,debit interest), I / We agree that the account would be treated as a 'Dormant' Account by Partner Bank. I/We agree that the account status would change to 'Active' only on my/our ( all joint holders) written instructions in this regard and by initiating a transaction by me / us at the home branch. I/We understand that until the account status is 'Dormant', transactions through Direct Banking Channels like ATM, Net Banking, Phone-banking may not be allowed by Partner Bank.

4. I/We agree that, in case I/we have issued single cheque/instruction, for debit to my/our account, for issuing more than one Demand Draft/Pay-order, then the same will reflect as multiple debit entries in my/our account

5. Bank shall be entitled at its discretion to engage/avail of, at the risk and cost of the customer, services of any person/third party service provider/agent/agency, for anything required to be done for/in relation to/pursuant to any of the products/services offered, including collections, recovery of dues, enforcement of security, getting or verifying any information of the customer/assets, and any necessary or incidental lawful acts/deeds/matters and things connected thereto, as  Jupiter and/or Partner Bank may deem fit.

6. Bank shall have the right to not return the application, photographs, information and documents submitted by the customer. Bank shall, without notice to or without any consent of the customer, be absolutely entitled and have full right, power and authority to make disclosure of any information relating to customer including personal information, details in relation to documents, products/services offered, defaults, security, obligations of customer, to the Credit Information Bureau of India (CIBIL) and/or any other governmental/regulatory/statutory or private agency/entity, credit bureau, RBI, Partner Banks other branches/subsidiaries/affiliates/rating agencies, service providers, other banks/financial institutions, any third parties, any assignees/potential assignees of transferees, who may need the information and may process the information, publish in such manner and through such medium as may be deemed necessary by the publisher/Bank/RBI, including publishing the name as part of willful defaulters list from time to time, as also use for KYC information verification, credit risk analysis, or for other related purposes. In this connection, the customer waives the privilege of privacy and privacy of contract. Bank shall have the right, without notice to or without any consent of the customer, to approach, make enquiries, obtain information, from any person including other banks/finance entities/credit bureaus, customers employer/family members, any other person related to the customer, to obtain any information for assessing track record, credit risk, or for establishing contact with the customer or for the purpose of recovery of dues from the customer.

7. In case any personal information or sensitive information is collected by Jupiter, the same shall be dealt with in accordance with the privacy policy of Jupiter which is available on the website of Jupiter at www.jupiter.money.

8. Jupiter / Partner Bank reserves the right to record telephonic conversations with customers for quality control purposes.

9. Notwithstanding the documentation and account opening form provided, Partner Bank reserves the right to accept / reject your application. Partner Bank's decision in this regard would be final.

10. Any loans/facilities, other financial products, available can be accessed via Jupiter App (platforms through which the customer/borrower can access/monitor the account by use of the customer/ log-in id and password) and Jupiter may use such platform for providing the customers/borrowers the facility to complete online application as well as enter into/make the loan documents online. Every usage and operation of the Jupiter App or any such other platform using such customer id and password, including in cases of online loan processes from time to time, should be deemed to be usage and operation personally by the customer/borrower himself and in physically and mentally stable state notwithstanding any loss, theft, hacking etc. of the password; and that Jupiter/ Partner Bank shall not be required to check the identity of the person operating the Jupiter app using Login id and password at any point of time or his mental or physical stability.

Miscellaneous and governing laws

1. Miscellaneous:

Failure to enforce any rights conferred by these Terms and Conditions or any law shall not be deemed to be a waiver of any such rights or operate so as to the exercise or enforcement thereof at any subsequent time.

2. Governing Law:

All claims, matters and disputes are subject to the exclusive jurisdiction of the competent courts in Mumbai only. These Terms and Conditions and/or the operations in the accounts of the customer maintained by Partner Bank and/or the use of the services provided by Partner Bank shall be governed by the laws of the Republic of India and no other nation. The customer and Jupiter agree to submit to the exclusive Jurisdiction of the Courts located in Mumbai, India as regards any claims or matters arising under these Terms and Conditions. Jupiter accepts no liability whatsoever, direct or indirect, for non-compliance with the laws of any country other than the Republic of India.

Third party affiliations and communications from Jupiter

Accepting these T&C, implies your express consent to be contacted by us, representatives, affiliates, collection agents or anyone calling on our behalf at any contact number, or physical or electronic address provided by you while registering your account with Jupiter. You further agree to us contacting you in any manner, including without limitation, emails, SMS messages, WhatsApp, calls using pre recorded messages or artificial voice, and notifications sent via our mobile application.

Savings Account

Undertaking

  • Amongst other things, by agreeing to Jupiter & the Bank’s T&Cs, you're signing up for a background check. It means anyone who registers will adhere to RBI regulations. Also, we want to make sure no Jupiter account holder engages in illegal acts like Money Laundering, etc.
  • You agree to these T&Cs as well as the Bank's T&Cs (provided below) before opening an account through Our Platform. Furthermore, any account opening (or maintenance) is subject to the rules & regulations introduced (or amended) from time-to-time by the RBI or any other regulatory body, including but not limited to e-KYC authentication, background check and risk related due diligence on the User.
  • You agree that an account opened through Our Platform, using Aadhar OTP e-KYC authentication, cannot have deposits that exceed INR 1,00,000 (Indian Rupees One Lakh). And that, this cannot change – until the full KYC (C-KYC, Video KYC or Biometric Authentication, in-person branch visit) registration is complete as per Bank and the RBI regulations.
  • You confirm that the contents of this T&Cs (and Your relationship with Jupiter) would be governed as per the provisions of the Indian Contract Act 1872.

Data Privacy and Rights

To ultimately use Our Services, You would also be required to provide other information, including Your salary details, PAN card number, credit score, and permission to access other financial data. All the information provided by You will remain protected and used as per Our Privacy Policy and as per the existing legal regulations. The data provided by You is not merely to offer current Services but also for providing other facilities – which We will introduce from time-to-time.

Savings Account with Federal Bank

The terms and conditions and privacy policy applicable to opening a savings account with Federal Bank using Jupiter App can be found here:

Debit Cards:

Undertaking and Keywords

By using the Debit Card you are unconditionally accepting the terms and conditions listed here under and will be bound by them and you accept the ones of ensuring compliance with the relevant Reserve Bank of India (RBI) Regulations, Exchange Control Regulation of the RBI, Foreign Exchange Management Act 1999 ("The Act"), all the rules and regulations framed under the Act and as amended/modified/applicable from time to time and any other corresponding enactment in force from time to time. You will also continue to remain bound by the terms and conditions of operation of your Savings Bank Account with Federal Bank and Jupiter.

Definitions

1. “The Bank", "Federal Bank", means Federal Bank Limited and its successors and assignees.

2. "Card" or "Debit Card", refers to the Co branded Federal Bank and Jupiter Visa Debit Card issued by Federal Bank to a Cardholder.

3. "Cardholder", "you", "your", "him" or similar pronouns shall where the context so admit, refer to a customer of Federal Bank to whom a Federal Bank Debit Card has been issued by Federal Bank to operate on a nominated account(s). All references to the Cardholder in the masculine gender will also include the feminine gender.

4. "Account(s)", refers to the Cardholder's Savings Accounts that have been designated by the Federal Bank to the eligible account(s) for the valid operation of the Debit Card. The Cardholder should be either the account holder or sole signatory or authorized to act alone when there is more than one account holder/signatory.

5. "Primary Account", shall mean in case of multiple accounts linked to the Card, the account that has been designated as being the main/first account of operation i.e. the account from which purchase transactions, cash withdrawals charges and fees related to the Card are debited.

6. "Nominated Accounts", includes the Primary Account as described above, and it indicates the Cardholder's account(s) nominated in writing by him to be accessed by his Debit Card and PIN.

7. "ATM", refers to Automated Teller Machine whether in India or overseas, whether of Federal Bank, or of any other bank on a shared network, at which amongst other things, the Cardholder can use his Debit Card to access his funds in his account(s) held with Federal Bank.

8. "PIN", means the Personal Identification Number (required to access ATMs) allocated to the Cardholder by Jupiter, chosen by him from time to time.

9. "Transaction", means by instruction given by a Cardholder by using his Card directly or indirectly, to the Federal Bank to effect action on the account. (Examples of transactions can be retail purchases, cash withdrawals, cash/cheque deposits, etc.).

10. "International Transactions", refers to the transactions performed by the Cardholder through his internationally valid Debit Card, outside India, Nepal and Bhutan.

11. "Statement", means a periodic statement of account sent by Federal Bank to a Cardholder setting out the transactions carried out by the Cardholder(s) during the given period and the balance on that account. It may also include any information that the Federal Bank may deem fit to include.

12. "Merchant" or "Merchant Establishments", shall mean establishments wherever located which accept/honour the Card and shall include amongst others: stores, shops, restaurants, airline organizations etc. advertised by Federal Bank or Visa.

13. "EDC" or "Electronic Data Capture", refers to electronic Point-of-Sale swipe terminals whether in India or overseas, whether of Federal Bank or any other bank on the shared network, that permit the debiting of the account(s) for purchase transactions from merchant establishments.

14. "MasterCard/Visa/Rupay ATM Network", means ATMs that honour the Debit Card and that display the MasterCard/Visa/Rupay symbols.

Product Usage guidelines - ATM Usage

1. The Card is accepted at the Federal Bank ATMs and MasterCard/ Visa/Rupay enabled ATMs worldwide.

2. Cash withdrawals and balance inquiries performed by the Cardholder at MasterCard/Visa/Rupay enabled ATMs in countries other than India will be subject to a fee, as per prevailing tariff of charges. Cash withdrawals and balance inquiry at MasterCard/Visa/Rupay ATMs (non-Federal Bank) in India may also be subject to a fee (as decided by Federal Bank from time to time) and will be debited to the account at the time/later of such cash withdrawal and balance inquiry transactions. All transactions at non-Federal Bank ATMs are subjected to charges as determined by the Federal Bank from time to time. The charge schedule is updated on the Federal Bank website.

3. For all cash withdrawals, cheque/cash deposits at an Federal Bank ATM, any statement/receipt issued by the ATM at the time of deposit or withdrawal shall be deemed conclusive, unless verified and intimated otherwise by Federal Bank. Any such verification shall likewise be final and conclusive and this verified amount will be binding on the Cardholder.

4. Federal Bank will not be liable for any failure to provide any service or to perform any obligation thereunder where such failure is attributable (whether directly or indirectly) to any malfunction of the ATM or the Card, temporary insufficiency of funds, any dispute or other circumstance beyond its control.

5. Federal Bank will not be liable for any consequential or indirect loss or damage arising from or related to the loss/use of the Card and related PIN, how so ever caused.

6. The availability of ATM services in a country other than that in which the Card was issued is governed by the local regulations in force in the said country. Federal Bank shall not be liable if these services are withdrawn without notice thereof.

Disclosures and Rights

1. When requested by Jupiter or Federal Bank, you shall provide any information, records or certificates relating to any matter that Jupiter or Federal Bank deems necessary. You will also authorize Jupiter or Federal Bank to verify the veracity of the information furnished by whatever means or from whichever source deemed necessary. If the data is not provided or if the same is found incorrect, Jupiter or Federal Bank may, at its discretion, refuse renewal of the Card or cancel the Card forthwith.

2. Jupiter or Federal Bank reserves the right to disclose customer information in any court of competent jurisdiction, quasi-judicial authorities, law enforcement agencies and any other wing of Central Government or State Government.

3. Jupiter or Federal Bank reserves the right to disclose, in strict confidence, to other institution, such information concerning the Cardholder's account as may be necessary or appropriate in connection to its participation in any Electronic Fund Transfer network.

4. Jupiter or Federal Bank reserves the right to report to the RBI expenditure undertaken by its Cardholder in foreign currencies to ensure that the Basic Travel Quota/other permissible entitlements are not exceeded by the Cardholder(s) and that the Foreign Exchange Management Act, 1999 is not contravened.

UPI

Undertaking

We hereby confirm that:

1. We Amica Financial Technologies Private limited are a TPAP authorized by NPCI to facilitate payments through Axis Bank Limited. We are a service provider and we participate in UPI through PSP bank.

2. We are bound by the tripartite agreement entered with the sponsor PSP (with name of the PSP banks to be provided) and NPCI. We are responsible for facilitating grievances / complaints resolution of the customers on-boarded on our UPI application.

3. We shall be the first point of contact for all UPI related grievances/complaints for customers on-boarded by us.  In case the complaint/grievance remains unresolved, the next level for escalation will be the PSP Bank, followed by the bank (where you maintain the account) and NPCI in the same order. After exercising these options you can approach the Banking Ombudsman and / or the Ombudsman for Digital Complaints, as the case may be.

Keywords

What is NPCI?

NPCI is an authorized payment system operator by RBI.  NPCI owns and operates UPI payment system.

What is PSP bank?

PSP is the banking company authorized to act as a Payment Service Provider (PSP) under the UPI framework. PSP engages the TPAP to provide UPI services to the end-user customers.

What is TPAPs?

Third Party Application Provider (TPAP) is an entity that provides the UPI compliant app(s) to the end-user customers to facilitate UPI based payment transactions.

What is Customer’s Bank?

The Bank where the end-user customer maintains his/her account and has linked the account for the purpose of debiting/crediting the payment transactions made through UPI.

Who is End User Customer?

The end-user customer is the individual who uses UPI payment facility to send and receive payments.

Product Usage guidelines - UPI

While your register and transact on using Jupiter UPI, You are required to ensure the following:

a. You are solely responsible for linking Your correct bank account.

b. Since Your mobile number is treated as the primary identifier, Your mobile number needs to be updated with the bank linked to Jupiter App in case of any changes.

c. If You change the mobile number registered with Your Jupiter Account, You will have to re-register your new mobile number with Jupiter. To re-enable the Service, you need to register your new mobile number with your bank as well.

d. You are solely responsible to keep Your OTP,   UPI PIN and bank account related details confidential. Sharing such information with others may lead to unauthorized usage, for which Jupiter shall not be responsible.

e. You shall take full responsibility of the payment request that you make and authorize on   Jupiter UPI, including addition of beneficiary, typing and reviewing VPAs and validating intended recipients and We do not take correctness of information that you enter during payment processing, including authorization.

f. You agree that if You provide any information that is untrue, inaccurate, not current or incomplete or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the Terms of Use, We shall have the right to indefinitely suspend or terminate or block access to Your Account.

g. We shall ensure that all your confidential data pertaining to your money transactions, bank account details, and all other sensitive personal information are protected and kept confidential by employing best available protection standards, which are more fully set out in our Privacy Policy.

h. You agree that   Jupiter UPI, PSP or any other system participant in   UPI Payment System shall not be liable for any delay in the completion of the funds transfer or any loss on account of error in the execution of the funds transfer by you.

i. You are required to ensure availability of sufficient funds in   Jupiter UPI linked Bank Account(s) in order to avoid transaction declines and charges if any accessed by your issuer Bank.

Data Privacy and Rights

Roles & Responsibilities of NPCI

a. NPCI owns and operates the Unified Payments Interface (UPI) platform

b. NPCI prescribes rules, regulations, guidelines, and the respective roles, responsibilities and liabilities of the participants, with respect to UPI. This also includes transaction processing and settlement, dispute management and clearing cut-offs for settlement

c. NPCI approves the participation of Issuer Banks, PSP Banks, Third Party Application Providers (TPAP) and Prepaid Payment Instrument issuers (PPIs) in UPI

d. NPCI to provide a safe, secure and efficient UPI system and network

e. NPCI provides online transaction routing, processing and settlement services to members participating in UPI

f.  NPCI can, either directly or through a third party, conduct audit on UPI participants and call for data, information and records, in relation to their participation in UPI

g. NPCI provides the banks participating in UPI access to system where they can download reports, raise chargebacks, update the status of UPI transactions etc.

Roles & responsibilities of PSP Bank

a. PSP Bank is a member of UPI and connects to the UPI platform for providing UPI payment facility to the PSP Bank and TPAP which in turn enables the end-user customers / merchants

b. PSP Bank, either through its own app or TPAP’s app, on-boards and registers the end-user customers on UPI and links their bank accounts to their respective UPI ID.

c. PSP Bank is responsible for authentication of the end-user customer at the time of registration of such customer, either through its own app or TPAP’s app

d. PSP Bank engages and on-boards the TPAPs to make the TPAP’s UPI app available to the end-user customers

e. PSP Bank has to ensure that TPAP and its systems are adequately secured to function on UPI platform

f. PSP Bank is responsible to ensure that UPI app and systems of TPAP are audited to safeguard security and integrity of the data and information of the end-user customer including UPI transaction data as well as UPI app security

g. PSP Bank has to store all the payments data including UPI Transaction Data collected for the purpose of facilitating UPI transactions, only in India

h. PSP Bank is responsible to give all UPI customers an option to choose any bank account from the list of Banks available on UPI platform for linking with the customer’s UPI ID.

i. PSP Bank is responsible to put in place a grievance redressal mechanism for resolving complaints and disputes raised by the end-user customer

Roles & responsibilities of TPAP

a. TPAP is a service provider and participates in UPI through PSP Bank

b. TPAP is responsible to comply with all the requirements prescribed by PSP Bank and NPCI in relation to TPAP’s participation in UPI

c. TPAP is responsible to ensure that its systems are adequately secured to function on the UPI platform

d. TPAP is responsible to comply with all the applicable laws, rules, regulations and guidelines etc. prescribed by any statutory or regulatory authority in relation to UPI and TPAP’s participation on the UPI platform including all circulars and guidelines issued by NPCI in this regard

e. TPAP has to store all the payments data including UPI Transaction Data collected by TPAP for the purpose of facilitating UPI transactions, only in India

f. TPAP is responsible to facilitate RBI, NPCI and other agencies nominated by RBI/ NPCI, to access the data, information, systems of TPAP and carry out audits of TPAP, as and when required by RBI and NPCI

g. TPAP shall facilitate the end-user customer with an option of to raise grievance through the TPAP’s UPI app, e-mail, messaging platform, IVR etc. for redressal of customer grievances.

Dispute Redressal Mechanism

a. Every end-user customer can raise a complaint with respect to a UPI transaction, on the PSP app / TPAP app.

b. End-user customer can select the relevant transaction and raise a complaint in relation thereto

c. A complaint shall be first raised with the relevant TPAP in respect to all UPI related grievances / complaints of the end-user customers on-boarded by the PSP Bank (if the UPI transaction is made through TPAP app). In case the complaint / grievance remains unresolved, the next level for escalation will be the PSP Bank, followed by the bank (where the end-user customer maintains its account) and NPCI, in the same order. After exercising these options, the end-user customer can approach the Banking Ombudsman and / or the Ombudsman for Digital Complaints, as the case may be.

d. The complaint can be raised for both the types of transactions i.e. fund transfer and merchant transactions

e. The end-user customer shall be kept communicated by the PSP / TPAP by means of updating the status of such end-user customer’s complaint on the relevant app itself.

NPCI Grievance Redressal URL: https://www.npci.org.in/what-we-do/upi/dispute-redressal-mechanism

Rewards

Earnings

  • Rewards, forming part of the Jupiter rewards scheme, may be credited in the form of “Jewels” to the User’s account after a purchase transaction and/or in app action, on and after [date] (“Effective Date”).
  • Jewels can be in the form of spend percentage cashback or fixed value depending on the offer details as amended and/or supplemented by Jupiter from time to time and the primary terms and conditions of the Jupiter website and/or mobile application (Jupiter App) (“TnC’s”).
  • The cashback value is calculated on the net purchase transaction value.
  • Eligibility to earn Jewels depends on offer applicability, offer instructions and TnC’s as amended and/or supplemented by Jupiter from time to time.
  • Different Users might be able to see/avail different offers at the same point of time. Jupiter shows the most relevant offers for the Users.
  • Every offer has a budget, the offer might be removed before the validity end date if the offer budget expires.
  • Jewels may not be offered  / be redeemable if:
    - Any item is returned after purchase;
    -  An incorrect payment method is used at checkout;
    - The purchase is invalidated;
    - The offer is valid for only offline purchases and an online transaction is made, and vice versa;
    - User is not eligible for the offer / offer did not exist / offer expired before the purchase was made;
    - Prohibited merchandise/products/ services is purchased for any reason whatsoever;
    - Any other circumstance that Jupiter may deem fit at its sole discretion from time to time.

Redemption

  • A few offers may have a waiting period of upto 90 days before the Jewels earned become redeemable. This is required to accommodate any refunds/cancellations. In case the purchase transaction is cancelled / refunded, Jupiter will deduct the Jewels depending on the offer terms and conditions and the purchase / refund amount.
  • The equivalent amount for the redeemed Jewels will be credited into the User’s account / refunded in case of failure within 12 hours of redeeming them and to be used for rewards/offers/products/services that offered by the Jupiter App, from time to time.
  • The Jewels are in the nature of loyalty points for use of various offers, products and services that are made available through the use of the Jupiter App. The Jupiter App does not permit any purchase or accrual of these Jewels in any other way. These loyalty points maybe redeemed by Users to participate in various offers of the Jupiter App.
  • Minimum of 100 Jewels need to be earned to be able to make the first redemption for Jupiter Rewards.

Rewards on Qualified Purchases:

Rewards will only be credited for Qualified Purchases for Rewards (or Qualified Purchases). Jupiter will have the sole and final discretion in identifying a purchase as a Qualified Purchase for Rewards.

These transactions do not qualify, and will therefore not be eligible for Rewards:

  • Credit Card, loan, or BNPL repayments,
  • online gaming, betting, gambling, or lottery transactions,
  • money transferred to financial or political institutions,
  • payments made at courts or for legal matters,
  • money transferred to digital wallets, and
  • transactions made at Restricted merchants (which don’t strictly qualify as “purchases of genuine goods and services”)

Rewards for Qualified Purchases made using Debit Card & UPI will be redeemable after a cool down period.

  • Rewards earned for Domestic Qualified Purchases may be converted to cash 15
  • days after they’re credited.
  • Rewards earned for International Qualified Purchases may be converted to cash 45 days after they’re credited.
  • The Rewards section on the Jupiter app features the date after which Rewards may be redeemed.
  • Rewards may be debited during the cool down period if
    • the transaction is later found to not be a Qualified Purchase, or
    • a partial or full refund is received for the spends for which Rewards were credited.

Generic Terms and conditions for Rewards

  • For the purpose of rewards redemption, the value of 1 Jewel is equivalent to 1 Rupee. Jupiter reserves the right to modify this at any point in time with prior notice.
  • Jupiter reserves the right to change, modify or prematurely remove an offer at its own discretion.
  • After 5 years from the date of Jewels earning, all redeemable Jewels will automatically get redeemed to the User’s account given that he / she is deemed to have a valid Jupiter account and all conditions pertaining to Jewels redemption is met.
  • Further, Jupiter reserves the right to disqualify any User, who does not meet the offer requirements or in case of reasons including but not limited to any misuse of the offer or fraud or suspicious transaction/activity or under any legal requirement or applicable rules and regulations, from receiving any Jewels or cancel  any Jewels already earned or credited.
  • In case of a dispute, the final decision to credit / modify the Jewels lies with Jupiter.
  • Nothing contained herein shall be construed as a binding obligation on Jupiter to continue the Jupiter Rewards Scheme after the Effective Date or to substitute the Jupiter Rewards Scheme by a similar or a new scheme.
  • Redemption of Jewels is voluntary, and all related charges shall be deemed to be voluntarily incurred by a User.
  • The User shall not hold Jupiter responsible for any actions, claims, demands, liabilities, losses, damages, costs, charges or expenses, which a User incurs, in normal course of availing the Jupiter Rewards Scheme.
  • Jupiter also reserves the right to discontinue the Jupiter Rewards Scheme without assigning any reasons or without any prior intimation whatsoever. Nothing contained herein shall amount to a commitment or representation by Jupiter to continue the Jupiter Rewards Scheme. Further, Jupiter reserves the right, at its sole discretion, to change the mode of the accrual of one or any of the Jewels.
  • These Jupiter Rewards Terms and Conditions shall be in addition to and not in substitution/derogation of the Primary Terms and Conditions.

Digital Gold Terms

By continuing to use the Platform, you agree to be bound by the terms and conditions including those additional terms of service, rules, policies, guidelines, notices, guidelines appearing on from time to time (“Platform Usage Terms and Conditions”) set out below, which form a legal agreement between the Company and you. By availing the Services, you/Customer acknowledges having read and understood the Platform Usage Terms and Conditions laid down by the Platform herein, along with the applicable terms and conditions of MMTC-PAMP titled “GAP Customer Terms and Conditions” in relation to Digital Gold availed by the Customer (collectively referred to as the “Terms”). In the event of any inconsistency, contradiction, or discrepancy between: (i) the Platform Usage Terms and Conditions provided herein, and the GAP Customer Terms and Conditions, the terms and conditions of Platform Terms and Conditions shall always prevail.

Please read the Terms carefully. If you do not agree to the Terms in their entirety, please do not use or access the Platform. By using the Platform and Service, You acknowledge that you are legally competent to enter into contracts under the Indian Contract Act, 1872 and are resident in India. We reserve the right to terminate any Person’s membership and/or refuse to provide such Person with access to the Platform and/or any Services if it is brought to the Company’s  notice that the Person is ineligible to use the Platform and Service.

We reserve the right to update and change the Terms by posting updates and changes to the current terms of use which is accessible on the Platform. You are advised to check the Terms from time to time for any updates or changes that may impact you. You must read, agree with, and accept all the terms and conditions contained in this Terms before you may use any service on the Platform.

Definitions

  1. For the purpose of these Platform Usage Terms and Conditions, wherever the context so requires, the term:

i. “Company” shall mean “Amica Financial Technologies Private Limited” operating under the brand “Jupiter”.

ii. “Customer” or “You” shall mean any individual, who as the counterparty transacts using the Platform for converting Jewels to Digital Gold, or selling back the Digital Gold as outlined in these Platform Usage Terms and Conditions.

iii. “Digital Gold” shall mean the gold being offered in digital form, for purchase and/or sale by MMTC-PAMP under a gold accumulation plan (“GAP”) powered and provided by MMTC-PAMP.

iv. “Digital Gold Account” shall mean the account created whether by You or otherwise, in accordance with these Platform Usage Terms and Conditions.

v. “Digital Gold Account Information” shall mean the information provided by You for the purpose of creation of the Digital Gold Account.

vi. “Force Majeure Event” shall mean any event that is beyond the reasonable control of the Company and shall include, without limitation, sabotage, fire, flood, explosion, act of God, civil commotion, strikes, lockouts or industrial action of any kind, riots, insurrection, war, acts of government, computer hacking, civil disturbances, unauthorised access to computer data and storage device, computer crashes, virus attacks, breach of security and encryption, and any other similar events not within the control of the Company and which the Company is not able to overcome.

vii. “Jewel” shall mean  rewards, forming part of the Jupiter rewards scheme.

viii. “MMTC-PAMP” shall mean a company incorporated Companies Act, 2013, having its Registered Office at MMTC-PAMP India Private Limited, Rojka-Meo Industrial Estate, Tehsil Nuh, District Mewat, Haryana, 122103, India & Corporate office at MMTC-PAMP India Private Limited. , A-13, Green Park (Main) Aurobindo Marg, New Delhi – 110016, selling gold and providing services of safe keeping/ storage and delivery / fulfilment of gold and related services thereto to the Customers through the Platform.  

ix. “GAP Customer Terms and Conditions” shall mean the terms and conditions mentioned under the title “ GAP Customer Terms and Conditions” mentioned under this Terms, being the terms and conditions between the Customer/ you and MMTC-PAMP, specific to Digital Gold.

x. “Person” shall mean an individual, a corporation, a partnership, a joint venture, a trust, an unincorporated organization and any other legal entity.

xi. "Platform" shall mean, and include, the platforms (website, mobile apps, others) of the Company, that the Customer accesses for the transactions, including all contents, services and technology offered through the Platform.

xii. Any reference to the word "Purchase" or “Buy” would be referred to as "Conversion of Jewels to Digital Gold"

Platform

The Platform acts as a technology platform and is only providing the Services provided on the Platform. Platform has no control of the information, gold accumulation plan, quality, safety, storage, morality or legality of any aspect, truth or accuracy of the listed Digital Gold using the Platform. Platform in any way does not guarantee that you/ Customer will actually complete a transaction and is also not responsible for unsatisfactory or delayed performance of service/damage/delays offered by MMTC-PAMP.  Transfer of legal ownership is between a Customer and MMTC-PAMP as per the “GAP Customer Terms and Conditions” and is not managed by the Platform.

The Platform does not accept any liability of any errors, whether on behalf of itself or third parties. All commercial / contractual terms such as price of the Digital Gold, quality, dispatch, delivery, warranties, applicable taxes, etc., are bipartite contracts between the Customer(s) and MMTC- PAMP. The Platform’s role is limited to provide technology platform to the Customers to avail the Services and address the queries related to the Service.

Creation of Digital Gold Account and Registration obligations

  1. The Company provides the option to the Customer to convert the Jewels held by the Customer into Digital Gold (“Services”).
  2. In order to avail the Services, the Customer is required to complete the registration process as required by the Company including opening of Digital Gold Account. The Company reserves the right to collect and store relevant information and documents provided by the Customer to the Platform for KYC purposes including but not limited to the Customer’s name, email id, phone number, PAN details, address. The Customer shall also provide additional documents to the Company as and when required by the Company for fulfilling the KYC requirements. The Company shall not share your information with any third parties except, and only to the extent necessary, with parties such as our business partners including financial institutions, our employees, affiliates, advisors, service providers, merchants and internal administrators, MMTC-PAMP and any third parties with which we have entered into agreements in order to provide you with our Services. You shall be responsible for the correctness of information provided to the Company from time to time. In the event of any incorrect information is furnished by You, You shall immediately provide correct / updated information. In case of any incorrect information furnished by you, the Company shall have the right to terminate Your Digital Gold Account, with or without notice.
  3. To open a Digital Gold Account, the Customer must redeem Jewels and convert it into Digital Gold in the following manner:

a) The Customer redeeming Jewels for the first time must redeem at least 100 Jewels to covert to Digital Gold;

b) Subsequently after the first redemption, the Customer shall have the option to redeem the Jewels in the following manner:

4. You agree to immediately notify the Company of any unauthorised use of the       Digital Gold Account Information or any other breach of security. We shall not be liable for any loss or damage arising from Your failure to comply with this section.

Sell the Customer Digital Gold

  1. The Customer may have an option to sell the Digital Gold held in the Digital Gold Account (“Customer Digital Gold”) during the market hours based on the sale prices on the Platform. If you confirm the sale request in a manner and form acceptable to us, we will debit your Digital Gold Account with the corresponding quantity of Customer Digital Gold you wish to sell.
  2. Within a period of 5 (Five) business days of such sale request, the Company shall disburse the payment to your registered bank account maintained with the Company using our Platform.
  3. It is hereby clarified that the Company provides this service on a best efforts basis and only when the commercial bullion market is in operation. We do not in any way guarantee that this option will be available to You at all times or that the price offered to You is close or comparable with other prices available in the market. Further, the Company shall not be held liable for any actions of the purchaser of such Customer Digital Gold.
  4. The Customer has an option to keep their Customer Digital Gold stored with MMTC- PAMP, free of cost for a period of 5 years. (“Free Storage Period”). After the expiry of the Free Storage Period, You shall be required to pay storage charges for such Customer Digital Gold at such rate as would be specified by the MMTC-PAMP or the Company (as applicable) from time to time. You shall also have the right to sell the Digital Gold as per the provisions of these Platform Usage Terms and Conditions.

Use of the platform and services

  1. You hereby grant to the Company a non-exclusive, worldwide, royalty-free right to (a) collect, store and transmit Your data, in each case solely to the extent necessary to provide the Services to You, and (b) share Your data or interact with other people, to distribute and publicly perform and display Your data as You direct or enable through the Services.
  2. You agree not to:

a) publish the gold prices or descriptions of gold and/or any other information displayed on the Platform (in lieu of Your access to the Platform) on any other medium.

b) modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Services.

c) attempt to reverse-engineer, disseminate, copy, exploit, or represent yourself as an agent or reseller of the Platform and the Services, or any part thereof;

d) misrepresent yourself as or impersonate any other person, or otherwise cause harm to any person;

e) upload or transmit any vulgar, obscene, abusive, defamatory, libellous, invasive, or unlawful content, including content which is objectionable or results in a breach of privacy of any other person;

f) use or abuse the Platform for or in relation to any illegal or unlawful purposes including fraud, embezzlement, money laundering, etc.;

g) violate any applicable laws, whether or not intended by you;

3.You represent and warrant that You are authorized to provide all Your data to the Company and to grant the rights granted to the Company in these Platform Usage Terms and Conditions and (ii) Your data and its transfer to and use by the Company as authorized by You under these Platform Usage Terms and Conditions do not violate any laws or rights of any third party, including without limitation any intellectual property rights, rights of privacy, or rights of publicity, and any use, collection and disclosure authorized herein is not inconsistent with the terms of any applicable privacy policies.

Suspension/Closure of Digital Gold account

  1. The Company reserves the right to forthwith suspend or deactivate the Digital Gold Account of Customers, if in the opinion of the Company, there is any fraudulent or suspicious activity in the account or for any other reason whatsoever.
  2. The Company shall not be held liable for any loss / liability arising out of or relating to any technical failure / issue in Platform and / or acts / omission not attributable to it.
  3. In the event there is any discrepancy in your Digital Gold Account, it shall be Your responsibility to inform the same to the Company immediately. If You do not inform the Company of such discrepancy, it shall be deemed that there are no discrepancies.
  4. All records maintained by the Company of the instructions of the Customer and such other details (including, but not limited to payments made or received) pursuant to the Platform Usage Terms and Conditions, shall as against the Customer, be deemed to be conclusive evidence of such instructions.

Fees

  1. You acknowledge that You shall be solely liable for payment of all fees and charges necessary to use the Platform and Services. The Company reserves the right to revise such fees and charges without any notice to the Customer. It is the responsibility of the Customer to periodically check the Platform for such revisions.
  2. All payments made for the use of the Platform and/or purchase of Customer Digital Gold by You shall be compulsorily in Indian Rupees and are non-refundable.
  3. In case of non-payment of fees and charges by You, the Company may temporarily/permanently suspend/terminate the Digital Gold Account or refuse access.

Absence of Relationship

  1. By accessing the Platform and using the Services, You acknowledge that you have not relied on any information made available either by the Company and the Company is not providing / dealing in / offering any investment product and does not offer any guarantee / assured returns. You further acknowledge that value of Digital Gold may vary depending on various factors and forces.
  2. You further acknowledge that no relationship other than seller-purchase, exists between you and the Company.

Feedback

  1. The Platform may allow You to post Your review and experience of using the Platform ("Reviews") in order to improve the Platform and the user experience.
  2. You agree that you are solely responsible for any content including Reviews that you create, transmit or display while using the offering or for the consequences of your actions (including any loss or damage which we may suffer) by doing so.
  3. We reserve the right to moderate, publish, re-publish, and use all Customer generated contributions and comments posted on the Platform as we deems appropriate (whether in whole or in part) for its product(s), whether owned or affiliated. We shall not liable to pay royalty to any Customer for re-publishing any content across any of its platforms.
  4. You understand that by using the Services you may be exposed to content that you may find offensive, indecent or objectionable and that, in this respect, your use of the Services will be at your own risk. We shall not be held responsible to you or any third party for any repugnant Content circulated by other Customers.

Content and Intellectual Property Rights

  1. You acknowledge and agree that the Company, or our licensors, owns all legal right, title and interest in and to the Services, including any Intellectual Property Rights which subsist in the Services.
  2. Unless you receive our express authorization in writing, you agree that in using the Services or accessing our Platform, you shall not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
  3. You further acknowledge that our Services may contain information which is designated as confidential by us and that you shall not disclose such information without our prior written consent.

The Platform may contain links to third party sites that are not operated by us. We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.

Indemnification

  1. You hereby agree to indemnify and keep the Company indemnified from and against all actions, claims, demands, proceedings, losses, damages, costs, charges and expenses, directly or indirectly, whatsoever which the Company and/or its employees, agents, workers, affiliates or representative may at any time incur, sustain, suffer or be put to as a consequence of or by reason of or arising out of:

a) the usage of the Platform by the Customer;

b) by reason of the Company acting in good faith and taking or refusing to take or omitting to take action on the Customer's instructions, and in particular arising directly or indirectly out of the negligence, mistake or misconduct of the Customer;

c) breach or non-compliance of the Platform Usage Terms and Conditions and relating to the Digital Gold Account;

d) fraud or dishonesty relating to any transaction by the Customer.

e) authorised or unauthorised use of Your Digital Gold Account, as a result of your failure in keeping the Digital Gold Account Information confidential

2. The Company, its affiliates, subsidiaries, directors, employees, promoters and   agents shall not be liable for:

a) any direct, indirect, incidental, special, consequential or exemplary loss or damage suffered by the Customer, however caused, and shall include any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or Services, or other intangible loss, arising out of the use of, or inability to use or access of our Platform or Service  or any security breach or any virus, bug, unauthorised intervention, technical malfunctioning or defect, whether or not forceable and whether or not we have been advised of the possibility of such damage;.

b) Any loss or damage incurred by you owing to any temporary disablement or permanent discontinuance of our Platform or Services and any deletion, corruption or failure to store any content or other communications maintained by your use of our Services; and

c) which may be incurred by you, including but not limited to loss or damage as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertisement appears on the Services.

3. The Company shall not be held liable for any loss of data, technical or otherwise, information, or for particulars supplied by You, due to the reasons beyond its       control like corruption of data or delay or failure to perform as a result of a             Force Majeure Event.

Disclaimer of Warranties

  1. You expressly understand and agree that your use of the Services is at your sole risk and that the Services are provided on an "as is" and "as available" basis.
  2. Any material downloaded or otherwise obtained through the use of the Services is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or other device or loss of data that results from the download of any such material.
  3. The Company, its subsidiaries and affiliates do not represent or warranty to You that:

a. The information Platform are accurate, complete and updated;

b. Your use of the Services will meet your requirements;

c. Your use of the Services will be uninterrupted, timely, secure or free from error;

d. Any information obtained by you as a result of your use of the Services will be accurate or reliable; and

e. That defects in the operation or functionality of any software provided to you as part of the Services will be corrected.

4. The Company shall not be liable for any damages of any kind arising from the use of the platform or the services or the contents including, without limitation, direct, indirect, consequential, punitive, and consequential damages, unless otherwise specified in writing.

Limitation of Liability

You hereby acknowledge that the Company, its subsidiaries, affiliates, directors, employees, agents or partners shall not be held liable to You for any direct, indirect, incidental, special, consequential, punitive or exemplary damages which may be incurred by you, however caused and under any theory of liability. The Company shall also not be liable under any circumstances for damages arising out or related in any way to Your inability to access, or Your difficulty in accessing the Platform to avail of any Services any bugs, viruses, trojan horses, or the like, which may be transmitted to or through the Platform by any third party, any loss of Your data, any claim relating to Your data or content from the Services, Your failure to keep the Digital Gold Account Information secure and confidential.

Grievance Redressal Mechanism

In accordance with the Information Technology Act, 2000 and Rules made thereunder:

a) The contact details of Grievance Officer of the Company (Amica Financial Technologies Private Limited) are:

Name: Mr Vivek Agarwal
E-mail ID: vivek.agarwal@jupiter.money

b) The contact details of Grievance Officer of MMTC-PAMP are:

Name: Mr Harshit Gupta
E-mail ID: harshit.gupta@mmtcpamp.com

Grievance Redressal Mechanism

  1. The Company reserve the right, to change, modify, add or remove portions of these Platform Usage Terms and Conditions at any time. The Platform Usage Terms and Conditions may be revised or altered by us at our sole discretion at any time without any prior intimation to the Customer. The latest Platform Usage Terms and Conditions will be posted here. Any such changes by the Company will be effective immediately. By continuing to use this Platform or to access the Services / usage of our Services after changes are made, you agree to be bound by the revised/ amended Platform Usage Terms and Conditions and such amendments shall supersede all other terms of use previously accepted by the Customer.
  2. It is clarified that the Privacy Policy available at https://jupiter.money/privacy-policy/, form an integral part of these Platform Usage Terms and Conditions and should be read contemporaneously with the Platform Usage Terms and Conditions. Illegality or unenforceability of one or more provisions of these Platform Usage Terms and Conditions shall not affect the legality and enforceability of the other terms of the Platform Usage Terms and Conditions. For avoidance of doubt, if any of the provisions becomes void or unenforceable, the rest of the provisions of these Platform Usage Terms and Conditions shall be binding upon the Customer.

Governing Law and Dispute Resolution

  1. These Platform Usage Terms and Conditions shall be governed by and interpreted and construed in accordance with the laws of India. The courts of Mumbai shall have exclusive jurisdiction over any disputes arising under these Platform Usage Terms and Conditions. In the event of any dispute arising out of these Platform Usage Terms and Conditions, the same shall be settled by a binding arbitration conducted by a sole arbitrator, appointed by us, and governed by the Arbitration and Conciliation Act, 1996. The venue of arbitration shall be Mumbai, Maharashtra, India.

GAP Customer Terms and Conditions

TERMS AND CONDITIONS OF ‘GOLD ACCUMULATION PLAN’ OR ‘GAP’ BY MMTC-PAMP

These “terms” and "Conditions of Use" (“Terms”) constitute an electronic record within the meaning of the applicable laws. This electronic record is generated by a computer system and does not require any physical or digital signatures. These Terms shall be in addition to and not in derogation to any other terms as stipulated from time to time. By transacting for GAP on the Partner Platform, you are agreeing to and accept these Terms and Conditions.

  1. In these Terms, references to "you", or "Customer" shall mean the counterparty who transacts using the Partner Platform, being a natural person, buying Gold from MMTC-PAMP, selling back Gold to MMTC-PAMP and receiving other related services in relation to GAP. “Partner Platform” shall mean, and include, the platforms (website, mobile apps, others) owned and operated by Amica Financial Technologies Private Limited (“Partner”), that the Customer accesses for the GAP transactions, including all contents, services and technology offered through the Partner Platform. "Service Providers" mean independent third party service providers. References to the “Seller”, "MMTC-PAMP", "we", "us" and "our" shall mean MMTC-PAMP India Private Limited, the owner of the GAP offering and the entity that will sell Gold. “Transfer” refers to a facility to transfer Gold from Gold account of one Customer to Gold account of another Customer(s). Any reference to the word "Purchase" or “Buy” would be referred to as "Conversion of Jewels to Digital Gold"
  2. Capacity to enter into these Terms:

    The Customer represents and warrants that:
    a) the Customer is of legal age and is under no legal disability or incapacity, to enter into, these Terms and the transactions contemplated by it, and perform its obligations; and
    b) the Customer is not insolvent.
  3. The Customer represents and warrants that these Terms constitute a legal, valid      and binding obligation of the Customer and that all orders to be placed and transactions to be conducted under these Terms are lawful.
  4. In executing and giving effect to these Terms, the Customer does not and will     not infringe any provision of any other document or agreement to which the       Customer is a party, nor any law or judgment / order binding upon it;
  5. You acknowledge that by accessing, browsing or otherwise using the Partner       Platform, you agree to all the terms and conditions under these Terms. You are advised to read these Terms carefully before proceeding. You also accept and     agree to be bound by all policies, including but not limited to the privacy policy of the Partner, as amended from time to time. You can view and read the Privacy Policy of the Partner at the Partner Platform.
  6. The Partner is only facilitating the GAP/services on its Partner Platform by providing payment facilities and the direct customer interface and support in case of queries related to the GAP and/or services based on information received from MMTC-PAMP. Accordingly, the Partner assumes no liability for the services. The Partner is neither guaranteeing nor giving any warranty nor making any representation with respect to the Gold sold and/or services rendered by MMTC-PAMP or its service providers. The Partner is not endorsing MMTC-PAMP, the GAP or the services rendered by MMTC-PAMP, and disclaims all liability and responsibility, whatsoever, for the availability, merchantability, quality, purity, rates and/or otherwise features of the Gold and/or services provided by MMTC-PAMP on the Partner Platform.
  7. MMTC-PAMP and the Partner, collectively, reserve the right to change these Terms at any time. Such changes will be effective when posted on the Partner Platform and shall be deemed to be notified to the Customer accordingly. Notwithstanding anything contrary, Customer shall be responsible for regularly reviewing the Terms, including amendments thereto as may be posted on the Partner Platform and shall be deemed to have accepted the amended Terms by continuing the use of Partner Platform.
  8. MMTC-PAMP and/ or the Partner, shall be entitled to collect, store, use and share relevant information and documents provided by the Customer on the Partner Platform for KYC purposes and other purposes as permissible under applicable laws. Further, as and when required by MMTC-PAMP and/or the Partner, the Customer will be required to provide additional documents for fulfilling the KYC requirements. You authorize MMTC-PAMP and the Partner to make such enquiries as it may feel necessary to satisfy itself about the validity of your identity. You undertake to update us and the Partner in case of change of your existing information including but not limited to your address, phone number, mobile number, email ID, PAN details, etc. or verification documents provided by you. We and/ or the Partner reserve the right to deactivate your Gold account, in the event you fail to provide KYC documents / information to MMTC-PAMP / Partner within required timelines. The Gold account may be activated only upon submission of relevant documents.  The Customer shall ensure that all information supplied to MMTC-PAMP / Partner by the Customer is, or at the time it is supplied will be, accurate in all material respects and the Customer will not omit or withhold any information which would make such information inaccurate in any material respect. You shall be responsible for the correctness of information provided by you to MMTC-PAMP / Partner from time to time. MMTC-PAMP and the Partner will not be responsible for the incorrectness of KYC documents / information provided by you. If at any time MMTC-PAMP and/or the Partner finds that the KYC documents are incorrect or authenticity of such KYC is doubtful, MMTC-PAMP and/ or the Partner may, at its sole option, deactivate or close your Gold account. If you have reasons to believe that there is an error in the information furnished to MMTC-PAMP / Partner, you shall immediately advise MMTC-PAMP and Partner in writing and forthwith provide correct / updated information. The Customer authorizes MMTC-PAMP and the Partner  to pass on / deliver all such information and documents to any third person.
  9. MMTC-PAMP and the Partner reserve the right to indefinitely suspend or terminate or block access to any Gold account on the Partner Platform, with or without notice to you, in the event the KYC documents / information are found to be incorrect or authenticity of the documents / information is found to be doubtful. You hereby undertake to indemnify and keep indemnified MMTC-PAMP and the Partner against any and all losses, claims, liabilities, costs etc. which arise out of or relating to your failure to identify yourself and validate your account promptly and / or due to incorrect KYC documents / information.
  10. You can offer to buy Gold worth Rs. 1.00 (Rupee One Only) and above incremental value thereof at the live purchase price of Gold of 999.9 purity displayed on the Partner Platform. Where errors have occurred in the pricing of transactions displayed by Partner on Partner platform to the Customer, MMTC-PAMP, reserves the right to not be bound by such a quote or transaction. Due to delayed transmission between the Customer and Partner, the price offered on Partner Platform may have changed before an order from the Customer is received by the Partner. The Partner shall not  be held liable for any loss suffered by you due to such price change. MMTC-PAMP and/ or the Partner reserves the right to cancel or reverse the transaction whether before or after transaction confirmation. MMTC-PAMP further reserves the right to credit / debit Gold balance in your Gold account on account of cancellation or reversal of any transaction(s).
  11. Payment will be accepted only through payment options made available on the Partner Platform. At the time of purchase / sale-back / Transfer of Gold, the relevant taxes will be chargeable as applicable as per the Government regulations. MMTC-PAMP and the Partner will not be responsible for any wrong / erroneous credit / debit from Customer’s bank account / wallet and / or services provided by the payment solution engaged by Partner Platform.
  12. For each confirmed purchase of Gold by the Customer, MMTC-PAMP will be the custodian of the Gold, till such Gold is lying in your Gold account subject to terms herein. The Gold purchased by you will be allocated and stored in a highly advanced and secured vault of MMTC-PAMP, with full insurance cover.
  13. Once the sale procedure has been initiated by you as per the provisions of these Terms, the  payment received for such sale shall be debited into your account maintained with the Partner.
  14. MMTC-PAMP may also, from time to time in future, offer / permit the Customer to sell-back its Gold to MMTC-PAMP at prevailing live sell-back price of gold of 999.9 purity, during the offer period as may be announced / permitted by MMTC-PAMP. The money against the Gold sold by a Customer would be credited to the Customer’s bank account maintained with the Partner.
  15. Live purchase price of Gold will be displayed on the Partner Platform and is subject to change from time to time. At the time you make request for sell-back, the value of Gold / quantity of Gold to be sold back will be displayed based on live sell-back price of Gold. The live purchase price of Gold and live sell-back price of Gold may vary and also may be different from that available in the open market and / or in any other retail outlet. Your offer may be rejected due to any issue with the transaction and money paid by you, if any, will be refunded. In such an event if you still wish to offer to purchase Gold or sell-back residual fractional Gold, you may make another offer at the changed price. MMTC-PAMP and the Partner disclaims any and all claims and / or liabilities arising from such non-acceptance of offer or revision in prices.
  16. While availing any of the payment method(s) available on the Partner Platform, MMTC-PAMP and the Partner will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to the Customer due to:
    a) Lack of authorization for any transaction(s);
    b) Exceeding the preset limit prescribed by MMTC-PAMP;
    c) Any payment issues arising out of the transaction,
  17. MMTC-PAMP and/ or the Partner may, at its discretion, prescribe maximum individual / cumulative limits for Customer(s) to accumulate Gold, purchase Gold, Transfer or sell back of Gold or any other transaction under GAP from time to time and reserves the right to refuse to accept order exceeding such limit. MMTC-PAMP and/or the Partner may at its discretion, prescribe maximum individual / cumulative transaction limits on GAP from time to time, and reserves the right to refuse to accept order exceeding such limit.
  18. At any point of time on any day MMTC-PAMP and/or the Partner may temporarily discontinue the invitation to offer purchase of Gold under GAP for any reason whatsoever.
  19. MMTC-PAMP may, at its discretion, close down, suspend and / or migrate the Gold account of Customer(s), if (a) the Custody Period has expired; and / or (b) MMTC-PAMP decides to discontinue the GAP scheme and / or (c) any other reason(s) as may be determined by MMTC-PAMP. In such event(s) if the open sale back window is made available by MMTC-PAMP, then the Customer may sell back the product in his/her Gold account in whole or in part. The sell back by the Customer shall be as per terms prescribed by MMTC-PAMP’s in the notice given for exercising the right to close, under this clause. For the purpose of this clause, ‘Custody Period’ shall mean a period of 5 years from the date of last purchase / receipt of Gold in the Gold account of the Customer. In the event the Customer(s) fails, neglects or chooses not to sell-back, their Gold holdings within the time prescribed, then MMTC-PAMP will be entitled to levy on Customer(s), custody charges at the rate of up to 0.5% (zero point five percent) per annum of the value of the Gold balance of the Customer held in the custody of MMTC-PAMP. The custody charges will be deducted from the Gold balance of the Customer as per frequency determined by MMTC-PAMP. In the event that MMTC-PAMP does not exercise its’ discretion to close down the Gold account of Customer(s) in terms of this clause, Customer(s) can continue their Gold account by paying the custody charges as provided above.
  20. Any Customer disputes, grievances, complaints, queries or issues with respect to the transaction including with respect to the quality and merchantability, shall be directed to the Partner by the Customer and will be subject to the Terms herein and addressed as per the grievance redressal policies for the GAP products and services.
  21. MMTC-PAMP shall not be liable to directly entertain any such disputes, grievances, complaints, queries or issues.
  22. MMTC-PAMP and the Partner shall not be liable / responsible, in any manner whatsoever, for any loss / liability arising out of or relating to any technical failure / issue in Partner Platform and / or acts / omission. MMTC-PAMP shall not be liable / responsible, in any manner whatsoever, for any loss / liability arising out of or relating to any technical failure / any issues related to MMTC-PAMP Services and / or acts / omission attributable to Partner. The Partner shall not be liable / responsible, in any manner whatsoever, for any loss / liability arising out of or relating to any technical failure / any issues related to MMTC-PAMP Services and / or acts / omission attributable to MMTC-PAMP.
  23. Notwithstanding anything contrary contained herein, the Customer acknowledges that from time to time, and for any reason, the service, the interface and API work, and their respective information, pricing and data, and availability are subject at any time and from time to time to human, mechanical , typographic, or other errors, oversights, mistakes, limitations, delays, service interruptions, including, without limitation, as may be due in whole or in part to, related to or arising out of (i) computer hardware and software, telecommunication and operating systems, databases, or business processes and procedures, (ii) other problems inherent in, or which may be associated with, the use of the internet and electronic communications including, without limitation, force majeure event, government / regulatory actions,  orders, notifications etc. and / or and acts and omissions of third parties etc. affecting or impacting the service, the interface or the API work, its information and data, or such communications. Customer acknowledges and agrees that MMTC PAMP and the Partner are not responsible or liable whatsoever for delays, failures, or other loss due to, caused by or resulting from any such problems, in whole or in part. If your Gold account is over credited or wrongfully credited / debited, then MMTC PAMP has right to reverse / cancel without notice or require cancellation / reversal of such transaction at its sole discretion and debit / credit the Gold to / from your Gold account, as the case may be.
  24. Upon MMTC-PAMP confirming the purchase, sale-back of Gold in his / her Gold account by Customer, the order / request of Customer to purchase / sale-back / Transfer of Gold, as the case may be, shall be binding on the Customer and cannot be cancelled.
  25. The Customer shall inform immediately, in any case no later than 30 days of the transaction, of any irregularities or discrepancies that may exist in his / her Gold account, failing which it shall be deemed that there is no error or discrepancies in the account. All records maintained by MMTC-PAMP / Partner, in electronic or documentary form of the instructions of the Customer and such other details (including, but not limited to payments made or received) pursuant to the Terms, shall as against the Customer, be deemed to be conclusive evidence of such instructions.
  26. The Customer understands and acknowledges that any purchase, suspension of sale of products, Transfer or sale-back from / to Gold account / Transfer of Gold will be on instructions received by the Customer, and the Customer will not violate any applicable laws or regulations for the time being in force in or outside India. The Customer shall be solely responsible for complying with applicable laws in respect of purchase, suspension of sale of products, Transfer or sale-back to and from the Gold account, Transfer of Gold including but not limited to the Prevention of Money Laundering Act, 2002, the Prohibitions of Benami Property Transactions Act, 1998, Income Tax Act, 1961 etc. including amendment thereof. Customer also agrees and undertakes that he / she will not open any account in the name of any minor. MMTC-PAMP and the Partner will not be liable in any manner in this regard.
  27. The Customer feedbacks pertaining to products shall be deemed to be non-confidential and non-compensatory in nature. MMTC-PAMP and/or the Partner reserve the right, at its sole discretion to use such information and such use shall be entirely unrestricted. The Customer hereby irrevocably authorizes MMTC-PAMP and the Partner to disclose, exchange, share or part with all the information relating to the Customer’s details and payment history information and all information pertaining to Customer’s GAP transaction and undertakes not to hold MMTC-PAMP and the Partner and / or / their respective affiliates and other group companies and their agents liable for use of the aforesaid information.
  28. In the event of termination / expiry of MMTC-PAMP’s arrangement with Partner, the Customer will be notified and the Customer will have the option to either:  (i) continue with its Gold account with MMTC PAMP; or (ii) discontinue with its Gold account with MMTC-PAMP. If Customer chooses to continue with the Gold account of the Customer, their Gold account will be migrated in the manner notified by MMTC-PAMP to the Customer and Customer agrees to provide such support and information as may be required for the purpose of transition / migration. If Customer chooses to discontinue with the Gold account of the Customer, then the Customer shall have the sell-back residual fractional Gold at the live sell-back price of Gold.  In case of open sale back window, may sell-back the entire product in his/her Gold account, at the then prevailing live sell-back price of Gold. In addition, MMTC-PAMP may notify the Customer on other available similar options / plans on the Partner Platform, and the Customer, may choose to avail of any of such options provided by MMTC-PAMP by following simple steps notified in that regard. MMTC-PAMP and the Partner will not be liable for any loss, claim, demand, liability etc. arising on account of termination / expiry of MMTC-PAMP’s arrangement with Partner.
  29. MMTC-PAMP will not, at any time, and under any obligation, be required to transfer physical Gold of Customers in its custody to any other person / platform.
  30. These Terms shall be governed by and interpreted and construed in accordance with the laws of India. The courts in New Delhi shall have exclusive jurisdiction in respect of any matters arising therefrom.
  31. In the event any dispute arises out of or in connection with the Terms herein vis-à-vis the Customer, including the validity hereof, the parties hereto shall endeavor to settle such dispute amicably in the first instance. The attempt to bring about an amicable settlement shall be treated as having failed as soon as one of the parties hereto, after reasonable attempts, which shall continue for not less than 15 (Fifteen) calendar days, gives a notice to this effect, to the other party in writing.
  32. Data Privacy: The MMTC-PAMP Privacy Policy, as available on the website [insert link] may be amended, supplemented and / or substituted from time to time, and shall apply to all personal data and / or sensitive personal data or information that you provide to MMTC-PAMP or that MMTC-PAMP has obtained from any other sources or that arises from your relationship with MMTC-PAMP. You hereby consent to MMTC-PAMP’s collection, transfer, storage, use, disclosure and processing of your personal data and / or sensitive personal data or information in accordance with the GAP Agreement. Any information will not be considered as sensitive if it is freely available and accessible in the public domain or is furnished under the Right to Information Act, 2005 or any other law for the time being in force. You warrant that the personal data and / or sensitive personal data or information that you provide to MMTC-PAMP is true, accurate and complete. Any consent you give in relation to personal data and / or sensitive personal data or information, shall survive your death, incapacity, bankruptcy or insolvency, as the case may be.
  33. Phishing: In the event that you receive an email falsely claiming to be from MMTC-PAMP, the Partner or another group entity, or requesting personal data and / or sensitive personal data or information (“Phishing”), you agree that you will not provide any information or data in response and you will contact Partner’s Customer Service team without delay. MMTC-PAMP and the Partner agree that they will never ask you to provide your password over email or telephone. Should you receive an email or telephone call which you suspect is Phishing or you are unsure about, you agree that you will report the phishing email or spoof site without delay in order to protect yourself and fellow Customers. You understand that you should not click any links from unusual emails or download any attachments in order to access your Gold Account.
  34. Fraudulent Activity: If MMTC-PAMP and/or the Partner suspects that fraudulent activity has taken place within your Gold account, in order to protect you, you understand that we may temporarily freeze your Gold account to prevent any further or continuing unauthorized activity.
  35. Usage and Proprietary Rights: You agree that any information or data relating to, processed or created in connection with, content or operation of the GAP is confidential and proprietary to MMTC-PAMP and the Partner, and that you will refrain from disclosing such information to any third party except where required by Applicable Law.
  36. Customer representations and warranties:
    a) The Customer is bound by the applicable GAP product laws, applicable operating rules, customs, usages and practices.
    b) the Customer is not insolvent,
    c) MMTC-PAMP and the Partner relies on representations and warranties made by the Customer. These representations and warranties and those contained elsewhere in these Terms, survive the entering into of these Terms and are repeated in respect of each GAP product transaction. The Customer warrants and agrees that any person who is in possession of any password is authorized by the Customer, and the Customer acknowledges that they will be responsible for any actions on their account associated with the use of its password. The Customer agrees to notify MMTC-PAMP and the Partner immediately should the Customer become aware of any unauthorized use, loss or theft of the Customer’s, username, password or account numbers; or inaccurate information with respect to the content of statements including, cash balances, open positions or transaction history.
  37. Risk Disclosures:
    The Customer represents and warrants to MMTC-PAMP and the Partner that:
    a) they have received, read, understood and accepted the risk disclosures provided herein in relation to the GAP products contained herein;
    b) the Customer acknowledges, recognizes and understands that investment in GAP may involve a degree of risk and loss;
    c) the Customer has read these Terms and understands that, UNLESS SPECIFICALLY AGREED WITH MMTC-PAMP AND UNLESS A STATEMENT OF ADVICE HAS BEEN PROVIDED, MMTC-PAMP has only provided general advice, and the Customer has considered its objectives and financial situation and has obtained appropriate independent advice prior to entering into these Terms and has formed the opinion that dealing in the GAP products is suitable for the Customer’s needs and purposes;
    d) The Customer acknowledges that neither MMTC-PAMP, the Partner nor any associated entity guarantees the performance of any given GAP product or account nor that any GAP product or account will achieve a particular rate of return.  
  38. Customer acknowledgements:
    The Customer acknowledges to MMTC-PAMP and the Partner that:
    a) He / she will not receive interest or other earnings on the Gold held in the Gold account. The use of the Platform and any services of MMTC-PAMP does not constitute a trading of, or an exchange in, securities, investment contracts, or any document, instrument, or writing commonly known as a “security”, at law or otherwise;
    b) Anything MMTC-PAMP and the Partner is permitted to do in accordance with these Terms may be done in its absolute discretion, and any opinion or view required to be formed by MMTC-PAMP and/ or the Partner may be formed in its absolute discretion;  
    c) The Customer’s failure to observe any of the undertakings or representations may result in civil or criminal liability, as well as termination of the use of the MMTC-PAMP services;
    d) The Customer is responsible for maintaining adequate security and control of passwords and any other codes that you use to access the services of MMTC-PAMP The Customer agrees to accept full responsibility for the use of the Partner Platform, for any orders transmitted through the Partner Platform and for all communications and the accuracy of all information sent via the Partner Platform using the Customer’s name, password or any other personal identification means implemented to identify the Customer. MMTC-PAMP and the Partner will not be responsible for any loss or claim arising out of our relying on instructions provided to us using your Password.
    e) You agree to exercise safe security practices when accessing and conducting electronic transactions. This includes signing out and closing any online electronic transaction services once all transactions have been completed regardless of your method of accessing the Partner Platform.
  39. Restricted Activities:
    You agree that you will not:
    a) Breach this Agreement or any other agreement or policy that you have agreed to with MMTC-PAMP and the Partner;
    b) Violate any law, statute, ordinance, or regulation (for example, those governing financial services, consumer protection, unfair competition, anti-discrimination, anti-bribery and anti-corruption, or false or misleading advertising);
    c) Act in a manner that is defamatory, trade libelous, threatening, or harassing; d) Provide false, inaccurate, or misleading information;
    e)Refuse to cooperate in an investigation or provide confirmation of your identity or any information you provide to us;  
    f) Conduct your business or use the MMTC-PAMP services in a manner that results in, or may result in, complaints, disputes, claims, reversals, chargebacks, fees, penalties, and other liability to Partner, other uses, third parties, or you;  
    g) Take any action that imposes an unreasonable or disproportionately large load on our infrastructure; facilitate any viruses, Trojan horses, worms, or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or information; use an anonymizing proxy; use any robot, spider, other automatic device, or manual process to monitor or copy our Website without our prior written permission; or use any device, software, or routine to bypass our robot exclusion headers, or interfere or attempt to interfere with the Platform or the MMTC-PAMP services;
  40. Waiver: Any failure or delay by MMTC-PAMP and/or the Partner to enforce or exercise any provision of these Terms, or any related right, shall not constitute a waiver by MMTC-PAMP and/or the Partner (as applicable) of that provision or right. The exercise of one or more of MMTC-PAMP’s and/or the Partner’s rights hereunder shall not be a waiver of, or preclude the exercise of, any rights or remedies available to MMTC-PAMP and/or the Partner under these Terms or in law or at equity. Any waiver of any provision shall only be effective if made in writing and executed by a duly authorized officer of MMTC-PAMP and/or the Partner (as applicable).
  41. Force Majeure: If performance under these Terms by MMTC-PAMP and/or the Partner is prevented, restricted, delayed or interfered with by reason of labor disputes, strikes, acts of God, floods, lightning, severe weather, shortages of materials, rationing, inducement of any virus, Trojan or other disruptive mechanisms, any event of hacking or illegal usage of the Partner Platform, utility or communication failures, earthquakes, war, revolution, acts of terrorism, civil commotion, acts of public enemies, blockade, embargo or any law, order, proclamation, regulation, ordinance, demand or requirement having legal effect of any government or any judicial authority or representative of any such government, or any other act whatsoever, whether similar or dissimilar to those referred to in this clause, which are beyond the reasonable control of the MMTC-PAMP and/or the Partner (as applicable) and could not have been prevented by reasonable precautions then MMTC-PAMP and/or the Partner (as the case may be) shall  be excused and discharged from such performance to the extent of and during the period of such force majeure event, and such non-performance shall, in no manner whosoever, amount to a breach by the MMTC-PAMP and/or the Partner of its obligations herein.
  42. Absence of relationship: You represent and warrant to MMTC-PAMP that you have sufficient experience and knowledge to make informed decisions to purchase / sale-back Gold / Transfer of Gold You acknowledge that you are making all of your own decisions in connection with purchases or sale-back and that you have not relied on any information made available by MMTC-PAMP and/or the Partner, and that MMTC-PAMP and/or the Partner is not making any recommendation with respect to such purchases / sale-back of Gold / Transfer of Gold. No relationship other than seller-purchaser, including, without limitation, any agent-principal relationship, any advisor-advisee relationship, any employee-employer relationship, any franchisee-franchisor relationship, any joint venture relationship or any partnership relationship, exists between you and MMTC-PAMP. No relationship other than service provider- service recipient including, without limitation, any agent-principal relationship, any advisor-advisee relationship, any employee-employer relationship, any franchisee-franchisor relationship, any joint venture relationship or any partnership relationship, exists between you and Partner.
  43. Electronic Order Risks: Order entry systems have been designed to provide an efficient and dependable method for entering orders. Commercial internet Service Providers are not 100% reliable and a failure by one or more of these providers may affect internet-based order entry. You acknowledge that the order entry system is an electronic mechanical system and as such may be subject to failure beyond the control of MMTC-PAMP and/or the Partner. Therefore, MMTC-PAMP and the Partner shall not be responsible for errors, negligence, inability to execute orders, delays in transmission, delivery or execution of order due to breakdown or failure of transmission or communication facilities, or to any other cause beyond MMTC-PAMP's and/or the Partner’s control or anticipation. You acknowledge that pricing or typographical errors may occur and that therefore, in the event that a product is listed at an incorrect price or with incorrect information due to an error in pricing or product information, MMTC-PAMP reserves the right, at our sole discretion, to refuse or cancel or reject any orders placed for the products. Furthermore, MMTC-PAMP reserves the right to deny refuse or cancel or reject any orders placed in case of market volatility and / or unusual circumstances or conditions. This includes, without limitation, unexpected unavailability of product / Gold.
  44. Customer responsibility for taxes, tariffs and duties: You acknowledge that you are solely responsible for all taxes, tariffs and duties that may be incurred as a result of purchase. MMTC-PAMP will only collect taxes, tariffs and duties on transactions to the extent explicitly required by law. It is your responsibility to be aware and properly address any taxes, tariffs and duties to which you may be subject by any local, state and / or federal governments. If you have any questions about taxes, tariffs and duties, you should consult a tax or other professional about your unique circumstances. MMTC-PAMP and/or the Partner does not represent to provide advice or recommendations about your specific taxes, tariffs and duties and any statements made by us are only for the purpose of raising issues for you to discuss with your tax or other professional.
  45. Indemnification: Customer hereby agrees to indemnify and keep MMTC-PAMP and the Partner indemnified from and against all actions, claims, demands, proceedings, losses, damages, personal injury, costs, charges and expenses, directly or indirectly, whatsoever (‘Losses’) which MMTC-PAMP and/or the Partner or their respective employees, agents, workers or representative may at any time incur, sustain, suffer or be put to as a consequence of or by reason of or arising out of: (i) the usage of the Partner Platform by the Customer; (ii) by reason of MMTC-PAMP ‘s and/or the Partner’s (as applicable) acting in good faith and taking or refusing to take or omitting to take action on the Customer’s  instructions, and in particular arising directly or indirectly out of the negligence, mistake or misconduct of the Customer; (iii) breach or noncompliance of the Terms and relating to the Gold account; and / or (iv) fraud or dishonesty relating to any transaction by the Customer. Without prejudice to the foregoing, MMTC-PAMP and the Partner shall be under no liability whatsoever to the Customer in respect of any loss or damage arising directly or indirectly out of:
    a) Effecting transaction based on instructions received from Customers;
    b) The instruction of a Customer to Transfer Gold from his / her Gold account to another Gold account;
    c) The exercise by MMTC-PAMP of its right to terminate / exercise the facility / services provided on the Partner Platform;
    d)Any injury to the credit, character and reputation of the Customer due to use of facility / services on the Partner Platform;
    e) Any misstatement, misrepresentation, error or omission in any details disclosed by MMTC-PAMP if receives any process, summons, order, injunction, execution distrait, levy lien, information or notice which MMTC-PAMP in good faith believes / calls into question the Customer’s ability, or the ability of someone purporting to be authorized by the Customer, to make the transfer, MMTC-PAMP may, at its option and without liability to the Customer or such other person, decline to allow the Customer to obtain any portion of his Gold / product, or may handover such Gold / product over to an appropriate authority and take any other steps required by applicable law.  
    f) For any breach of contract / terms / conditions agreed between Customer(s) and Partner Platform and / or between Partner Platform and any third party.
  46. Disclaimers and limits of liability:
  47. You acknowledge that MMTC-PAMP and the Partner will not be liable to you or any other person as a result of your access or use of Gold / redeemable product for indirect, consequential, special, incidental, punitive, or exemplary damages, including, without limitation, lost profits, lost savings and lost revenues (collectively, the "excluded damages"), whether or not characterized in negligence, tort, contract, or other theory of liability, even if MMTC-PAMP and/or the Partner (as applicable) has been advised of the possibility of or could have foreseen any of the excluded damages, and irrespective of any failure of an essential purpose of a limited remedy.  
    You declare that you are an individual not having registration and neither required to take registration under Central Goods and Service Tax Act 2017, State Goods and Service Tax Act 2017, Integrated Goods and Service Tax Act 2017 and Union Territory Goods and Service Tax Act 2017.
  48. You declare that you are not an unregistered dealer of Gold and silver or any other precious metal ornament or any related product.
  49. If found of any misrepresentation then you will be solely responsible for all applicable taxes, interest and penalty due to the government at any given point of time.