This is a legal agreement between Muthoot Fincorp Limited, a Company incorporated under the Companies Act, 1956 having its registered office at Muthoot Centre, TC No 27/ 3022, Punnen Road, Trivandrum – 695001, India (hereinafter referred to as “MFL”, “Company”, “We”, “Our” or “Us”) and You (hereinafter referred to as “You”, “Your”, “Yourself” or “User”)

The Company owns and operate mobile/web application by the name “Muthoot FinCorp ONE” (“App”) and website at muthootfincorpone.com (“Website”) (App and Website are hereinafter together referred to as the “Platform”) .

These Terms and Conditions constitute a binding and enforceable legal contract between the Company and the User of the platform.

By accessing or using this platform, you agree to be bound by these Terms and Conditions and Privacy Policy. By visiting the platform or accessing the website to avail our services, you accept and agree to abide by all the obligations stipulated in these terms and conditions including the user hereby irrevocably accepting the eSwarna digital Gold as gift.

Muthoot FinCorp ONE is a digital platform facilitating lending and non-lending transactions between user and the Company and other lending partners which are registered with The Reserve Bank of India. The Company and other lending/non-lending partners offer various products/services through the Muthoot FinCorp ONE platform. All loan applications are approved and sanctioned by the Company or the lending partner and are communicated upfront during the Loan application stage. All users shall abide by these terms and conditions.

To these terms and conditions, the following shall mean:

1. Personal Information- Personal Information means any information that relates to a natural person, which, either directly or indirectly, in combination with other information available or likely to be available with a body corporate, is capable of identifying such person.
2. Privacy Policy- Shall mean the policy of the Company as available on companies’ website and on the platform.
3. Services- shall mean all the services provided by Muthoot FinCorp ONE including:
   1. Facilitating lending and non-lending products offered by the Company.
   2. Facilitating lending and non-lending products offered by other lending lending/non-lending partners.

eSwarna Digital Gold

Please note, once an order for purchase or sale has been confirmed by the customer, refunds or cancellation is not possible. All orders are final upon customer confirmation. The convenience fee paid for a eSwarna Digital Gold transaction is non-refundable as this fee covers the payment gateway charges. If any payment has been debited from your UPI account, and the gold is not credited in your Muthoot FinCorp ONE gold balance, an automatic refund will be initiated by Muthoot FinCorp ONE, and the amount will be credited to your bank account within 5-7 working days. You may also contact our customer care team at customercare@muthoot.com for any further queries or status updates

Recharge and Bills

Recharges of your Mobile/DTH/Datacard and other utility payments are real time transactions and once the transaction is successful there will be no refund or exchange permitted. Please be alert that you are responsible for accuracy of the details entered by You to make a payment and/ or recharges and all charges that result from those recharges/services. Muthoot FinCorp ONE is not responsible for any recharge/service for an incorrect mobile number,DTH account number, Data card mobile number and other utility payments.

You further agree that Muthoot FinCorp ONE will not be liable for any failure on the part of any Biller in effecting a recharge or other bill payment or for any issue related to the quality of service provided by the Biller, and any dispute relating to the same shall be resolved directly between you and the Biller.

If you face any payment-related issues, click the “Help & Support” section and contact us to raise your query. We will assist you through our Helpcenter.

Refund,of payment amount for bill payment including mobile recharge or for any payment debited from your account for which the bill payment or recharge is unsuccessful, will be solely as per the terms or policies of the Biller, and you agree that Muthoot FinCorp ONE will not be responsible for the same

Kindly note that the convenience fee paid for a successful Recharge & Bill payment shall be non-refundable as the same shall be incurred by us towards Payment gateway charges.

Forex

In the case of the cancellation or failure to complete a fixed rate order , the deposit is either partially refunded to you or revoked in full depending on the loss sustained by our affiliate money changer as a result of the forex cancellations.

In case the user fails to avail lock-in rate within 48 hours, then the service charge of 2% for lock-in rate will be considered as forfeited by the user.

No obligation orders cannot be cancelled once the actual transaction has been executed.

We, Muthoot Fincorp Limited, having registered office at TC NO. 26/286, MUTHOOT CENTRE, PANKAJ TOWERS, PUNNEN ROAD, TRIVANDRUM, Thiruvananthapuram, Kerala, 695034 , (hereinafter referred to as “we” or “us”). At MFL, we value your trust and respect. This T&C provides you (hereinafter referred to as “You” or “Yours” or “customer”) with details about the manner in which we facilitate the insurance offering. You are advised to read this T&C carefully. By availing the services, you expressly give us consent to use & disclose your personal information in accordance with this T&C. If you do not agree to these terms & conditions, please do not use or access the offerings.

By continuing, you confirm that you are (a) a resident of India; (a) have attained the age of 18 years.

By making use of the App, and furnishing your personal/contact details, you hereby agree that you are interested in availing and purchasing the Group Insurance Policy (“Policy”) that you have selected. You hereby agree that Muthoot Fincorp Limited (“MFL”) may contact you either electronically, through phone or through any other medium, to understand your interest in the Policy. You hereby explicitly provide consent to receive promotional materials and/or special offers from us through email or SMS or any other communication mode(s).

MFL is not an Insurance broking license holder nor a Corporate Insurance Agent; therefore we are able to offer only Group Insurance Policies (“Policy”) to our existing customers with whom we have an affinity or a relationship.

In addition to facilitating Policy, we may capture customer’s interest including personal data in any of retail Insurance products, for that you are hereby voluntarily providing consent to us for the collection, processing, share of their data/information/details with Muthoot Risk Insurance and Broking Services (“MRIBS”).

Any Policy solicited by us is issued by the Insurer. We do not underwrite the risk or act as an Insurer at any time. The risk is underwritten by the Insurer only.

Currently, we are offering three Policies through our branches –

1. Muthoot Health Guard;
2. Muthoot Dhan Suraksha; and
3. Muthoot Jeevan Suraksha.

We may offer a few more Policies to our existing customers as per the requirement from customers including but limited to:

1. Motor Insurance (includes 2-wheeler, 3-wheeler, 4-wheeler and commercial vehicle Insurance); and
2. Life Insurance

You may purchase Insurer’s insurance policies at your sole discretion and purely on a voluntary basis.
The contract of Policy will be between the Insurer and you, to the exclusion of us. Accordingly, we are not responsible or liable for performance or enforcement of any of your benefits or rights under the contract of insurance with the Insurer. Any disputes arising in relation to the contract of insurance are between you and the Insurer.

For more details on risk factors, product details, terms and conditions and exclusions please read the relevant product brochure carefully before the conclusion of sale

The information provided on the App is only for information sake. Information in relation to the Policy is solely based on the information received from the Insurer. You may also visit the website of the Insurer for insurance requests. Purchase of insurance is not a pre-condition of availing of any other services offered by us. We do not guarantee the accuracy of, and disclaim all liability for any errors or other inaccuracies relating to the information and description of the content, products, and Services offered on the App. We expressly reserve the right to correct any pricing errors on the App and/or on pending reservations made under an incorrect price or differential price.

All information, content, materials, and Policy included on or otherwise made available to you are provided by us on an “as is” and “as available” basis unless otherwise specified in writing. We disclaim all representations or warranties, express or implied, with respect to the operation of App, including without limitation, any express or implied representation or warranty of merchantability or fitness for a particular purpose. If applicable law does not allow limitations on implied warranties or the exclusion or limitation of certain damages, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have additional rights. In no event will we or our directors, officers, employees, agents or other representatives be liable for any indirect, special, incidental, consequential, or punitive damages, or any other damages of any kind, arising out of or related to the Services.

Based on the Insurance policy type, there may be a free-look period, as per the Insurer’s policy, during which the customer can opt to cancel his policy and get a full refund of the payment made.

By opting to purchase Insurance, the customer explicitly agrees and authorizes Muthoot Fincorp Limited to share his personal data with the Insurer for the purpose of issuance and other ancillary policy services, underwriting and servicing of the purchased policy.

MRIBS is the Insurance broker who is associated with the above-mentioned group policies and MFL along with MRIBS shall assist customers in any aspect pertaining to Insurance claims and servicing;

We are only collecting or assisting in collecting the premium amount on behalf of the Insurer and the same is transferred to the Insurer on a daily basis. The acceptance of the amount as premium and final issuance of the policy is subject to the underwriting norms and discretion of the Insurer, over which MFL has no control.

When you use the App or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We may communicate with you by email, by notifications on the App, by phone or using any other means of communication. You agree that all agreements, notices, disclosures and other communications that we provide to you satisfy any legal requirement that such communications be in writing.

For claims and any kind of grievances pertaining to Insurance, the customer can reach out to the following:

1. MFL support email id: insurance@muthoot.com
2. MRIBS contact details: 04714074828
3. Insurer contact details: sponsorsupport@tataaig.com
4. We reserve the right to make changes to these T&Cs, at any time, in our sole discretion. All terms and conditions are applicable to the extent permitted by law. By continuing usage of the services as per these revised terms, you agree to be bound by such changes/revisions.

1. INTRODUCTION

   This document is published in accordance with the provisions of rule 3(1) of the information technology (intermediaries guidelines) rules, 2011 that requires publishing the rules and regulations, privacy policy and terms of use for access or usage of the platform.Part i and part ii of these terms of use shall be collectively referred to as the ‘terms’ and shall always be read together.

   1.1.	This document is an electronic record in terms of the information technology act, 2000 and rules thereunder as applicable and the provisions pertaining to electronic records in various statutes as amended by the information technology act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
   1.2.	This document is published in accordance with the provisions of rule 3(1) of the information technology (intermediaries guidelines) rules, 2011 that requires publishing the rules and regulations, privacy policy and terms of use for access or usage of the platform.
   1.3.	Part i and part ii of these terms of use shall be collectively referred to as the ‘terms’ and shall always be read together.

2. DEFINITIONS

   2.1. For the purpose of these Terms, wherever the context so requires, the term:

   2.1.1.	“Customer” shall mean any individual, who as the counterparty transacts using the Platform for buying eSwarna Digital Gold (as defined below), or selling back the eSwarna Digital Gold to MUTHOOT EXIM or any other buyer as outlined in these Terms or authorising a transfer of the balance for purchase of gold/jewellery.
   2.1.2.	“Customer Request” shall mean a Purchase Request, Sale Request or Exchange Request placed by You in relation to the Customer eSwarna Digital Gold balance.
   2.1.3.	“eSwarna Digital Gold Account Information” shall mean the information provided by You for the purpose of creation of the MUTHOOT EXIM Gold Account.
   2.1.4.	““MUTHOOT FINCORP ONE”” shall mean the website or application offered and maintained by MUTHOOT FINCORP Ltd (MFL) which is accessible through the URL https://www.muthootexim.com/
   2.1.5.	“Force Majeure Event” shall mean any event that is beyond the reasonable control of the Platform Provider and/or MUTHOOT EXIM 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, government orders or restrictions to movement applicable, including as a result of any pandemic, and any other similar events not within the control of the Platform Provider and/or MUTHOOT EXIM and which the Platform Provider and/or MUTHOOT EXIM is not able to overcome
   2.1.6.	“Payment Instrument” shall mean any electronic modes of payment for the transmission or payment of money.
   2.1.7.	“Person” shall mean an individual, a corporation, a partnership, a joint venture, a trust, an unincorporated organization and any other legal entity.
   2.1.8.	“Platform” shall mean, and include, the mobile application, website and Branch Stores operated by MFL and its affiliates, through which the Customer accesses any content, services and technology pertaining to transactions in eSwarna Digital Gold.
   2.1.9.	“eSwarna Digital Gold” shall mean 24 karat gold of 99.5% purity or higher, offered to the Customer by MUTHOOT EXIM under the brand name “eSwarna Digital Gold”.
   2.1.10.	“Digital Gold Account” shall mean the account created on the Platform whether by You or otherwise, in accordance with these Terms.
   2.1.11.	“Transfer” refers to a facility to transfer Gold from eSwarna Digital Gold Account to another Gold Account.

   In addition to the terms defined in Section 2.1, additional terms used herein shall have the respective meanings assigned thereto in the relevant sections contained hereinafter.

3. TERMS AND CONDITIONS OF SERVICES BEING PROVIDED BY MUTHOOT EXIM

   3.1.	MUTHOOT EXIM PRIVATE LIMITED, a company incorporated under the Companies Act, 2013 with its registered office at 40/7384 Muthoot Towers, M.G. Road, Ernakulum, Kerala- 682035, (“MUTHOOT EXIM “) will be selling gold and providing services of safe keeping/vaulting and delivery/fulfilment of gold and related services thereto to the Customers, on or through the Platform (“Services”).
   3.2.	The gold is being offered for purchase and/or sale by MUTHOOT EXIM under its brand name “eSwarna Digital Gold”. The Services are being provided by MUTHOOT FINCORP Ltd (MFL) a Company incorporated under the Companies Act, 1956 having its registered office at Muthoot Centre, TC No 27/ 3022, Punnen Road, Trivandrum – 695001, India though mobile/web application by the name “MUTHOOT FINCORP ONE” (“App”) of MFL, and website at muthootfincorpone.com ( the “Platform Provider”). The Platform Provider may provide payment services, fulfilment services and Customer Support in addressing customer queries.
   3.3.	The Customers are advised to read and understand these Terms carefully before using the Services.
   3.4.	MUTHOOT EXIM and/or the Platform Provider do not guarantee any returns, on any transactions consummated vis-à-vis the Platform, to any person, either directly or indirectly. The Customer (hereinafter referred to as “You”, with the term “Your” being construed accordingly) shall be solely responsible for undertaking appropriate and effective due diligence and related analysis before undertaking any transactions pursuant to these Terms of Use. You further acknowledge and agree that MUTHOOT EXIM and/or the Platform Provider and its officers, directors, employees, agents and affiliates will have no liability for Your purchase or other decisions using the Platform.
   3.5.	The Services by MUTHOOT EXIM shall be provided for a term commencing from the date of creation of the Digital Gold Account.
   3.6.	You understand and acknowledge that the Services are being provided and made available on an “AS IS” and “AS AVAILABLE” basis. The Platform may contain errors or inaccuracies that could cause failures, corruption or loss of data and/or information from Your device and/or any device used by You to connect to the Platform as well as from peripherals (including, without limitation, servers and computers) connected to any of the above-mentioned devices. You assume all risks and costs associated with Your use of the Services and the Platform, including without limitation, any costs incurred for the use of Your device and any damage to any equipment, software or data.
   3.7.	You confirm that you are not registered under the Goods and Services Tax Act, 2017 and that if, in the course of your relationship with MUTHOOT EXIM, you become registered under the Goods and Services Tax Act, 2017, you shall inform MUTHOOT EXIM of your change in status immediately, and provide any relevant information and documents, as may be requested.

4. INTERMEDIARIES AND SAFE KEEPING ARRANGEMENT

   4.1.	Appointment of Intermediaries
   4.1.1.	MUTHOOT EXIM may from time to time appoint intermediaries who shall assist MUTHOOT EXIM in providing the Services to You (“Intermediaries”). The term, “Intermediaries” shall mean the , Vault Keeper and shall include any and all Persons appointed by MUTHOOT EXIM upon placement of a Customer Order (and successful payment of monies in lieu thereof) till the consummation of the Customer Requests placed by You in accordance with these Terms. You hereby consent to the appointment of such Intermediaries, for and on Your behalf, by MUTHOOT EXIM.
   4.1.2.	You acknowledge and understand that these Intermediaries have been appointed to ensure that Your Customer Orders/Customer Requests are duly complied with in accordance with these Terms. You additionally acknowledge that certain payments will have to be made to these Intermediaries for their appointment and services in relation thereto, which shall be borne by MUTHOOT EXIM on Your behalf unless otherwise indicated in these Terms.
   4.3.	Safe Keeping/Vaulting of Customer eSwarna Digital Gold Balance
   4.3.1.	eSwarna Digital Gold purchased by You corresponding to the Customer Order shall be stored with a custodian in a vault on Your behalf (“Vault Keeper”).
   4.3.2.	You hereby authorize (i) appointment of such Vault Keeper to safe keep the gold purchased; and (ii) MUTHOOT EXIM to store such eSwarna Digital Gold products purchased by You, including, but not limited to, bullion or coins (as the case may be) in the secured vault on Your behalf (“Customer Gold”). It is hereby clarified that Your purchase of the gold corresponding to the Customer Order shall be deemed to be completed and title in relation thereto shall be deemed to have been passed, upon such relevant portion of the Customer Gold being stored in the vault with the Vault Keeper on Your behalf or upon a final invoice being issued by MUTHOOT EXIM in accordance with these Terms, subject to applicable laws.
   4.3.3.	To ensure that the Customer Gold stored in such vault is adequately protected, necessary insurance policy/ies has been obtained by the Vault Keeper, where the cost of insurance to safe keep the same will be borne by the Vault Keeper. Pursuant to such insurance policy/ies, for any loss or damage to the Customer Gold stored in the vault, You further authorize the MUTHOOT EXIM to act as Your beneficiary under the insurance policy/ies and to take all steps necessary to protect Your interests.
   4.3.4.	While the Vault Keeper has taken the necessary insurance policy/ies, in case of occurrence of an event not covered in such insurance policy/ies, the Customer Gold may be at risk. The insurance policy/ies obtained by the Vault Keeper are in line with the global industry practices and cover losses due to fire, lightning, theft, cyclone, earthquake, flood, etc. but do not cover losses due to events such as war, revolution, derelict weapons of war, nuclear radiation, etc.

5. TRANSFER OF eSWARNA DIGITAL GOLD BALANCE

   5.1.	MUTHOOT EXIM may offer You the ability to transfer your gold to another recipient, by means of the “gift” feature, or as part of another product function such as exchanging your eSwarna Digtal Gold Balance purchased through the Platform for jewellery/Gold.
   5.2.	It is expressly clarified that functionality for exchanging your eSwarna Digital Gold Balance purchased on the Platform for jewellery shall be available only at Branches or it will be delivered to the customer at a convenient location.
   5.3.	Any such transfer of gold from you to another recipient shall only be valid if exercised through a method or functionality offered by MUTHOOT EXIM.
   5.4.	Gifting Gold:
   5.4.1.	MUTHOOT EXIM may offer Customers the ability to gift Gold purchased by the Customer, to a recipient of their choice. This will be offered as the “gift gold” feature.
   5.4.2.	Neither MUTHOOT EXIM nor the Platform Provider shall be responsible for the acceptance or rejection of the “gift” by the intended recipient, or for verifying the correctness of the mobile number or other identification information provided for the intended recipient by the Customer.
   5.4.3.	Gold gifts shall be final, and MUTHOOT EXIM shall not be responsible for amending, altering or otherwise reversing the transaction in case the gift is delivered to an unintended recipient due to any error on the part of the Customer.
   5.4.4.	However, in case the intended Recipient does not accept the “gift” within the prescribed time, the Customer eSwarna Digital Gold balance shall revert to the Customer’s eSwarna Digital Gold Account.
   5.5.	Exchange for Jewellery/Gold
   5.5.1.	Customers shall be able to exchange their eSwarna Digital Gold Balance for jewellery exclusively through the Platform Provider, i.e. through MFL Branches or platforms offered by MUTHOOT EXIM. This will be offered as part of the “exchange for jewellery/gold” feature.
   5.5.2.	Customers may opt for this functionality by following the procedure described on the Platform, as offered by MUTHOOT EXIM. The transaction shall only be initiated upon the express instructions of the Customer to the Platform Provider.
   5.5.3.	Customers will be sent an OTP by MUTHOOT EXIM to verify the transaction and confirm that they wish to proceed with the transfer of eSwarna Digital Gold Balance to the Platform Provider. By communicating the OTP to the Platform Provider, You agree to allow MUTHOOT EXIM to debit your eSwarna Digital Gold account balance to the extent required for the purchase of your chosen jewellery product/Gold.
   5.5.4.	Any additional charges for the jewellery product selected shall be borne by the Customer.
   5.5.5.	You may note that the gold rate as applicable in the platforms will be applicable for the purchase of jewellery. Further, other purchase terms and conditions may be imposed by the Platform Provider for purchase of jewellery.
   5.5.6.	Once a transaction has been deemed to be final and an invoice generated for the transaction, Customers shall not have the ability to cancel or request for a refund, unless specifically allowed by MUTHOOT EXIM or the Platform Provider.
   5.5.7.	The Platform Provider at its sole discretion may extend discounts for purchase of jewellery/gold.
   5.5.8.	Once a transaction is deemed to be final, any disputes with respect to the jewellery product/gold selected shall be resolved directly between the Platform Provider and the Customer.

6. STORAGE OF GOLD

   6.1.	You are required to take delivery of Your Customer Gold within such maximum period as shall be specified for this purpose by MUTHOOT EXIM from time to time on the Platform (“Maximum Storage Period”), which is currently limited to 10 years from the time of purchase of eSwarna Digital Gold.
   6.2.	For the purposes of making delivery to You, You are required to provide a valid address and/or any other documents/information/ biometric identification that may be specified in this regard by the Platform Provider and/or MUTHOOT EXIM on the Platform from time to time.
   6.3.	You may provide such address at any time during the Maximum Storage Period. In the event that no valid address has been provided by You during the Maximum Storage Period, then the Platform Provider and/or MUTHOOT EXIM shall for a period 1 year commencing from the date of expiry of Maximum Storage Period (such period being the “Grace Period”) attempt at least once to contact You using the contact information provided by You to obtain either (i) an address to which You would require the eSwarna Balance in question to be delivered or (ii) Your bank account details into which sale proceeds of the Customer Gold shall be deposited.
   6.4.	In the event that the Platform Provider and/or MUTHOOT EXIM have not been able to contact You during the applicable Grace Period using the contact information provided by You or where You shall during the Grace Period either fail to:
   (a)	take delivery of the gold in question for any reason whosoever (including where You shall not have provided any address to take delivery of such gold); or
   (b)	provide the details for a valid bank account into which the proceeds of any sale of such Customer Gold is to be deposited;then upon expiry of the applicable Grace Period for the Customer Gold in question, MUTHOOT EXIM shall purchase such Customer Gold with the purchase price being the applicable prevailing price displayed on the Platform for purchase of eSwarna Digital Gold from Customers and will be sold by MUTHOOT EXIM.
   6.5.	The purchase proceeds realized from such sale (“Final Sale Proceeds”) after deducting any amounts payable to MUTHOOT EXIM as storage charges for storage of such gold after the Free Storage Period, shall be deposited into a bank account operated by the MUTHOOT EXIM, who shall be the sole signatory to such bank account.
   6.6.	In the event that You shall during a period of 3 years commencing from the date of expiry of the applicable Grace Period (such period being the “Final Claim Period”) notify either The Platform Provider or, MUTHOOT EXIM that You are claiming the applicable Final Sale Proceeds, MUTHOOT EXIM shall issue suitable instructions to transfer the Final Sale Proceeds to such bank account as You shall notify for this purpose.
   6.7.	Please note that to claim the Final Sale Proceeds You will be required to provide details of a valid bank account and that the Final Sale Proceeds will not be transferred in the absence of such details. At no time will the Final Sale Proceeds be paid to you in cash.
   6.8.	In the event that You shall not claim Your Final Sale Proceeds within the Final Claim Period, then the Final Sale Proceeds shall be transferred to the Prime Minister’s Relief Fund or such other fund as You may designate for this purpose at any time prior to the expiry of the Grace Period.

7. FORCE MAJEURE

   If performance under these Terms is prevented, restricted, delayed or interfered with by reason of labour disputes, strikes, acts of God, floods, lightning, severe weather, shortages of materials, rationing, inducement of any virus, pandemic, government mandated lockdown, Trojan virus or other disruptive mechanisms, any event of hacking or illegal usage of the 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 failure of any device used to access the Platform, or any other act whatsoever, whether similar or dissimilar to those referred to in this section, which are beyond the reasonable control of the Platform Provider and/or MUTHOOT EXIM and could not have been prevented by reasonable precautions then the Platform Provider and/or MUTHOOT EXIM shall be discharged from such performance to the extent of and during the period of such force majeure event. Such non-performance by the Platform Provider and/or MUTHOOT EXIM shall, in no manner whosoever, amount to a breach of its obligations herein.

8. TERMINATION OF SERVICES BY MUTHOOT EXIM

   8.1.	MUTHOOT EXIM, in its sole discretion, may modify, suspend, or terminate access to or may require the Platform to modify, suspend, or terminate access to, all or any portion of the Platform or Your ability to access any Services through the Platform at any time for any reason including termination for breach of any of these Terms or occurrence of a Customer Event of Default or the Privacy Policy.
   8.2.	The term “Customer EOD” shall mean any default by a Customer of its obligations owed to MUTHOOT EXIM
   8.3.	These Terms shall further stand terminated:
   8.3.1.	if MUTHOOT EXIM is adjudged bankrupt or declared insolvent;
   8.3.4.	upon any corporate action (excluding any third party corporate action), legal proceedings or other procedures or steps being taken in relation to the suspension of payments, winding up, dissolution, administration, provisional supervision or reorganization or restructuring (by way of voluntary arrangement, scheme of arrangement or otherwise) of MUTHOOT EXIM;
   8.3.5.	upon MUTHOOT EXIM commencing a voluntary proceeding under any applicable bankruptcy, insolvency, winding up or other similar applicable law now or hereafter in effect, or consenting to the entry of an order for relief in an involuntary proceeding under any such applicable law, or consenting to the appointment or taking possession by a receiver, liquidator, assignee (or similar official) for the whole or a substantial part of its property or takes any action towards its re-organization, liquidation or dissolution;
   8.3.6.	upon an order being made for the winding up, bankruptcy or dissolution of MUTHOOT EXIM, or an application is admitted for initiating any corporate insolvency resolution process against MUTHOOT EXIM in accordance with Applicable Law;
   8.3.7.	upon any encumbrancer lawfully taking possession, or a liquidator, judicial custodian, receiver, administrative receiver or trustee or any analogous officer having been appointed in respect of the whole or a substantial part of the property of MUTHOOT EXIM, or an attachment, sequestration, distress or execution (or analogous process) being levied or enforced upon or issued against whole or a substantial part of the assets or property of MUTHOOT EXIM, or any action has been taken or suffered against MUTHOOT EXIM towards liquidation or dissolution or similar reorganization; or
   8.3.8.	upon a liquidator or provisional liquidator being appointed to MUTHOOT EXIM or a receiver, receiver and manager, trustee or similar official being appointed in respect of MUTHOOT EXIM or any of its assets, or an event analogous.
   8.4.	Upon the happening of any of the events referred to in Section8.2 2, and where there is any insufficiency of MUTHOOT EXIM funds required to pay any costs and expenses to be incurred in relation to providing delivery of Your Customer Gold to You, then in such an event You do hereby authorise MUTHOOT EXIM to sell any part of the Customer Gold, that is necessary or required to defray such costs and expenses.
   (i)	it is not possible to accurately predict the time required to make any such distribution; and/or
   (ii)	the amount received by You from such distribution may not be sufficient to completely extinguish MUTHOOT EXIM’s liability to You;and consequently, no liability shall accrue to the MUTHOOT EXIM, in relation to the above.
   8.7.	The Platform Provider may, with or without notice to you, discontinue to make the Services available through the Platform and in such case Your eSwarna Digital Gold Account may be closed and will be dealt with the in the manner specified in Section 18.2 of these Terms.

9. CONSEQUENCES OF TERMINATION OF SERVICES BY MUTHOOT EXIM

   9.1.	Upon such termination for any reason whatsoever, subject to these Terms :
   9.1.1.	Fractional amounts for eSwarna Digital Gold Balance holdings of less than 1 (One) gram may be sold and cash in pursuance thereto will be sent directly to Your bank account, after deducting all the requisite charges relating to appointment of Intermediaries (including but not limited to charges due and payable to Intermediaries and any other out of pocket expenses, custody charges, minting and delivery charges) (“Charges”).
   9.1.2.	For larger eSwarna Digital Gold Balance holdings, the MUTHOOT EXIM shall (to the extent You have not already paid for all the Charges) be allowed to sell part of Your eSwarna Gold Balance to pay for all the Charges to all the Intermediaries. The remaining portion of the eSwarna Gold Balance Balance shall be delivered to You in accordance with these Terms, along with the details of the deductions made and the quantum of gold that You are entitled to receive.
   9.2.	You acknowledge that the termination of Your access to the Platform and Services may be affected without any prior notice, and the Digital Gold Account may be immediately deactivated or deleted and all related information and/or bar any further access to the eSwarna Digital Gold Account, the Platform or the Services. Further, You agree that the Platform Provider and/or MUTHOOT EXIM shall not be liable for any discontinuation or termination of Services by any third party.
   9.3.	None of Your content shall remain accessible on the Platform upon termination. This information cannot be recovered by You, once the account is terminated.
   9.4.	The disclaimer of warranties, the limitation of liability, and the governing law provisions shall survive any termination of these Terms.

10. GOVERNING LAW AND DISPUTE RESOLUTION

    These Terms 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 Terms. In the event of any dispute arising out of these Terms the same shall be settled by a binding arbitration conducted by a sole arbitrator, appointed jointly by both parties and governed by the Arbitration and Conciliation Act, 1996. The venue of arbitration shall be Mumbai, Maharashtra, India.

11. CREATION OF eSwarna Digital GOLD ACCOUNT AND REGISTRATION OBLIGATIONS

    You agree that if You provide any information that is untrue, inaccurate, not current or incomplete, (or becomes untrue, inaccurate, not current or incomplete) or if the Platform Provider and MUTHOOT EXIM have reasonable grounds to suspect that such information is untrue, inaccurate, not current, incomplete, or not in accordance with these Terms, the Platform Provider and MUTHOOT EXIM through the Platform Provider shall have the right to indefinitely suspend or terminate or block access to the eSwarna Digital Gold Account on the Platform and refuse to provide You with access to the Platform.

    11.4.3.	You agree that Your continued use of the Platform, consequent upon the creation of the eSwarna Digital Gold Account, is subject to verification by MUTHOOT EXIM and/ or the Platform Provider (on behalf of MUTHOOT EXIM), of the information and documentation provided by You. You hereby grant MUTHOOT EXIM and/ or the Platform Provider permission to conduct such verification, in such form and manner as it may deem fit.
    11.1.	Before availing the Services, the Customer shall complete registration process as may be prescribed from time to time. The Customer shall follow the instructions given on the Platform for opening a eSwarna Digital Gold Account. The Platform Provider and/or MUTHOOT EXIM shall be entitled to collect and store relevant information and documents provided by the Customer to the Platform for KYC purposes.
    11.2.	As and when required by MUTHOOT EXIM and/or the Platform Provider, the Customer will be required to provide additional documents for fulfilling the KYC requirements. You authorize MUTHOOT EXIM and the Platform Provider to make such enquiries as may be necessary to satisfy about the validity of your identity. You shall be responsible for the correctness of information provided to MUTHOOT EXIM and the Platform Provider from time to time. If You have reasons to believe that there is an error in the information furnished by You, You shall immediately provide correct / updated information.
    11.3.	The Platform Provider and/or MUTHOOT EXIM through the Platform Provider, reserves the right to terminate any eSwarna Digital Gold Account, with or without notice to You, in the event that 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 the Platform Provider and/or MUTHOOT EXIM 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.
    11.4.	Know Your Customer (KYC) and Verification
    11.4.1.	Prior to placing an order, You may be required to provide certain KYC documentation and other information as may be required by the Platform Provider and/or MUTHOOT EXIM in such form and manner as it may deem fit. This information may be requested from you at the time of registration, or at a later stage.
    11.4.2.	Once such documentation and other information is provided by You to The Platform Provider, You shall be entitled to place an order on the Platform (“Customer Order”).
    11.4.4.	You further acknowledge that MUTHOOT EXIM and/ or the Platform Provider reserves the right for such verification either on registration of the eSwarna Digital Gold Account or at any time thereafter. You hereby authorise MUTHOOT EXIM and/or the Platform Provider to engage with any third-party service provider for verification of your KYC documentation to ascertain your eligibility. Any processing undertaken by MUTHOOT EXIM and/or the Platform Provider to process KYC documents shall be in accordance with its privacy policy and these Terms. It is hereby clarified that as far as the permission to access the KYC documents by a third party service provider is concerned, the same shall be governed by the privacy policy of such third party service provider.
    11.5.	Customer’s Obligations
    11.5.1.	You will be responsible for maintaining the confidentiality of eSwarna Digital Gold Account Information, and shall be fully responsible for all activities that occur under your Digital Gold Account. You agree to immediately notify the Platform Provider and/or MUTHOOT EXIM of any unauthorised use of the eSwarna Digital Gold Account Information or any other breach of security. MUTHOOT EXIM or the Platform Provider cannot and will not be liable for any loss or damage arising from Your failure to comply with this section. You may be held liable for losses incurred by MUTHOOT EXIM or the Platform Provider or any user or visitor of the Platform due to authorised or unauthorised use of the eSwarna Digital Gold Account, as a result of your failure in keeping the eSwarna Digital Gold Account Information confidential.
    11.5.2.	You shall ensure that the eSwarna Digital Gold Account Information provided by You in the registration form is complete, accurate and up-to-date. Use of another Customer’s account information for availing of any of the Services and/or for use of the Platform is expressly prohibited.
    11.5.3.	You agree that if You provide any information that is untrue, inaccurate, not current or incomplete, (or becomes untrue, inaccurate, not current or incomplete) or if the Platform Provider and MUTHOOT EXIM have reasonable grounds to suspect that such information is untrue, inaccurate, not current, incomplete, or not in accordance with these Terms, the Platform Provider and MUTHOOT EXIM through the Platform Provider shall have the right to indefinitely suspend or terminate or block access to the eSwarna Digital Gold Account on the Platform and refuse to provide You with access to the Platform.

12. PURCHASE OF GOLD

    12.1.	You can offer to buy Gold worth Rs.100.00 (Rupee One Hundred Only) and above incremental value thereof at the market linked prices of gold shown on the Platform. Market linked prices means that these quotes are linked to the prices of gold in the commercial bullion market in India.
    12.2.	It is hereby clarified that such market linked prices of gold shall constitute fully binding offers and would be an invitation to offer to purchase gold at the said market prices to all Customers. Notwithstanding the foregoing, You understand that these prices may vary multiple times within a day, and accordingly Your payment obligations for any order will depend on the market linked prices then prevailing. While reasonable efforts will be made to offer You a competitive price for the Customer Gold, there is no guarantee that the price offered to You will be close to or comparable with other prices available in the market.
    12.3.	Payment will be accepted through the payment options made available on the Platform, which may include redirection to a Payment Gateway hosted by other third party website or platform, including by MUTHOOT EXIM. At the time of purchase / fulfilment / sale-back / transfer of eSwarna Digital Gold, the relevant taxes will be chargeable as applicable as per the Government regulations.
    12.4.	It is hereby clarified that once a Customer Order is placed, You are not entitled to cancel a Customer Order, provided however that a Customer Order shall stand cancelled if the payment fails for any reason whatsoever.
    12.5.	The Platform Provider and/or MUTHOOT EXIM reserves the right to cancel a Customer Order, at its sole discretion, if Your information, provided prior to placing the Customer Order, is not found acceptable and the Platform Provider and/or MUTHOOT EXIM are of the opinion that You are not eligible to purchase eSwarna Digital Gold. The eSwarna Digital Gold Account shall accordingly stand amended. The Platform Provider as well as MUTHOOT EXIM shall have the right to freeze the eSwarna Digital Gold Account until it receives KYC and other documentation in a form and manner satisfactory to The Platform Provider and MUTHOOT EXIM.
    12.6.	Once the payments are received by MUTHOOT EXIM and the KYC information is found acceptable, MUTHOOT EXIM shall issue an invoice to You confirming the Customer Order placed within a period of 3 (Three) business days of placing such order, in a manner it may deem fit.
    12.7.	Notwithstanding anything to the contrary contained in these Terms, the Platform Provider and/or MUTHOOT EXIM shall be entitled to accept or reject a Customer, for any reason whatsoever, at its sole discretion.
    12.8.	In case of rejection of a Customer Order in accordance with these Terms, where payments have been received by MUTHOOT EXIM, such payments shall be returned to You to the bank account linked to your account. subject to the terms and conditions as may be indicated on the Platform.

13. DELIVERY OF GOLD

    13.1.	You shall be entitled to procure delivery of the Customer Gold using the MUTHOOT EXIM Platform (“Delivery Request”), by logging in through Your registered mobile number and utilising your Digital Gold Balance.
    13.2.	Upon placing the Delivery Request, You shall be required to pay for the applicable charges and confirm the Delivery Request. Your eSwarna Digital Gold Balance shall be provisionally debited corresponding to the quantity of the Customer Gold sought to be delivered (“Delivered Customer Gold”).
    13.3.	Within a period of 7 (Seven) business days of the Delivery Request being confirmed or such further period as may be required by MUTHOOT EXIM, MUTHOOT EXIM shall arrange for delivery of the Delivered Customer Gold at the shipping address indicated by You. You shall be solely responsible for ensuring that the correct address is furnished by You on the Platform for processing such Delivery Request. You shall not be entitled to change the shipping address after the Delivery Request is processed by MUTHOOT EXIM.
    13.4.	You should carefully examine the package delivered and shall not accept deliveries where the packaging has been tampered with. If, however, You are of the view that the package delivered has been tampered with, You shall be required to intimate MUTHOOT EXIM immediately of the same, and provide such other information as may be required by MUTHOOT EXIM in this regard (“Return Request”). Within a period of 14 (Fourteen) business days of the original package of Delivered Customer Gold being delivered back to MUTHOOT EXIM, in a manner indicated by MUTHOOT EXIM, and the Return Request being approved by MUTHOOT EXIM, MUTHOOT EXIM shall arrange for re-delivery of the Delivered Customer Gold at the shipping address indicated by You. The costs for such shipping shall be borne by MUTHOOT EXIM. However, in the event of frivolous and unjustified Return Requests made by You, MUTHOOT EXIM reserve the right to take all action available to it, including black-listing or blocking You from using the Services.
    13.5.	You, upon signing the delivery receipt, acknowledge the receipt of the Delivered Customer Gold in terms of the Delivery Request placed with MUTHOOT EXIM. MUTHOOT EXIM shall not be liable to You for any refund/replacement, under any circumstance, for any subsequent complaints with respect to such deliveries and/or any failure on your part (as the case may be) to comply with these Terms.
    13.6.	Upon receipt of the Delivery Request by MUTHOOT EXIM, the eSwarna Digital Gold Balance shall be debited for the Delivered Customer Gold from the Gold Account.
    13.7.	It shall be Your responsibility to ensure that You are available to receive the Delivered Customer Gold at the time of delivery. If You are not available at the time of delivery, MUTHOOT EXIM courier agent may try and deliver the item again before returning the same to MUTHOOT EXIM. In case of return of the Delivered Customer Gold to MUTHOOT EXIM, eSwarna Digital Gold Account shall be credited for the Delivered Customer Gold, after deducting the charges (if any) due from You, provided however that MUTHOOT EXIM is of the opinion that the packaging has not been tampered with. It is hereby clarified that should a request for re-delivery be made by You, You shall be solely liable to incur the applicable charges for delivering the Delivered Customer Gold.
    13.8.	In case of MUTHOOT EXIM’s inability to make deliveries of Delivered Customer Gold due to a Force Majeure Event, MUTHOOT EXIM shall intimate You of the same and may require that the deliveries be effectuated through specific modes. In such a case, You hereby agree to bear any additional costs and fees necessary for the delivery to be complete.
    13.9.	MUTHOOT EXIM will not be able to deliver a fractional quantity of gold below such threshold as MUTHOOT EXIM shall notify for this purpose even if a Customer Request is made for such fractional quantity (“Threshold Quantity”). You are advised to check the Platform periodically to determine the Threshold Quantity as the same may be revised from time to time. In the event that any Gold below the Threshold Quantity is to be delivered to you, then please note that such Customer Gold shall instead be sold by MUTHOOT EXIM based on the sale prices displayed on the Platform and You will instead receive the applicable sale proceeds in Your bank account, details of which are provided by You. If there is any mistake in the account number provided by You, The Platform Provider and/or MUTHOOT EXIM would not be held responsible for the same.
    13.10.	Notwithstanding anything to the contrary contained in these Terms, MUTHOOT EXIM shall be entitled to reject a Customer Request which is not in compliance with the Terms hereof, and shall intimate the Customer of the reasons for the same.
    13.11.	Based on the changes made to the eSwarna Digital Gold Account (in lieu of the Customer Orders and/or Customer Requests), if You are of the opinion that the changes made thereto do not tally with the orders and/or Customer Requests placed by You, You may contact MUTHOOT EXIM at care@e-swarna.in (or such other address as may be communicated on the MUTHOOT EXIM Platform Provider in this regard), who shall accordingly take all necessary actions for taking care of any such identified discrepancies.
    13.12.	It is hereby clarified that the Customer Gold cannot be pledged or transferred by You to any other user, and the eSwarna Digital Gold Account is non-transferrable, unless specifically allowed by MUTHOOT EXIM. In the event of Your death, if specifically allowed by MUTHOOT EXIM, the title to such Customer Gold lying in the vault and the Gold Account shall transfer to Your legal heirs only after the required due diligence has been conducted. Subsequent to this, Your legal heir(s) shall be regarded as the Customer for the purpose of the Customer Gold and eSwarna Digital Gold Account thereafter and the Terms shall be applicable to Your legal heir(s).
    13.13.	It is hereby clarified that the Platform displays the articles that are available for shopping. Some items may appear slightly larger or smaller than actual size due to screen defaults and photography techniques. The Platform Provider and MUTHOOT EXIM not be liable for any legal action on this account. It shall be the endeavour of The Platform Provider to ensure that all details regarding the product are clearly displayed on the Platform.
    13.14.	Due to reasons not directly attributable to MUTHOOT EXIM or the Platform Provider, data may be inaccurately displayed on the Platform due to some system errors on the Platform or any device used to access the Platform. The Platform Provider reserves the right to correct any and all errors when they do occur, at its sole discretion, and the Platform Provider or MUTHOOT EXIM shall be entitled to not honour any requests/orders placed by You based on any inaccurate or erroneous prices.
    13.15.	The prices quoted on the Platform are fixed and not negotiable. The prices on the Platform are also subject to change without notice to You.

14. SALE OF CUSTOMER GOLD

    14.1.	You may be provided an option to sell the Customer Gold during market hours based on the sale prices on the Platform. If the prices are found acceptable to You, You shall confirm the sale request, in a form and manner acceptable to MUTHOOT EXIM (“Sale Request”). Your eSwarna Digital Gold Account shall be debited corresponding to the quantity of the Customer Gold sought to be sold vide the Sale Request (“Sold Customer Gold”).
    14.2.	Within a period of 2 (Two) business days of the Sale Request being confirmed or such further period as may be required, the payment, pursuant to the Sale Request, shall be disbursed by MUTHOOT EXIM at the sale prices indicated at the time of placing such Sale Request. MUTHOOT EXIM shall arrange for such payments to be made to Your bank account, details of which are provided by You. If there is any mistake in the account number, IFSC code etc. provided by You, MUTHOOT EXIM would not be held responsible for the same.
    14.3.	It is hereby clarified that MUTHOOT EXIM and/or the Platform Provider will provide this service on a best efforts basis and only when the commercial bullion market is in operation. MUTHOOT EXIM and the Platform Provider do not in any way guarantee that this option will be available to You at all times. Further, the buyer of the Sold Customer Gold may be either MUTHOOT EXIM or another party (being interested in buying the Sold Customer Gold). The Platform Provider and/or MUTHOOT EXIM’s responsibilities shall be restricted to ensuring that funds against the Sale of Customer Gold to such Third Party are remitted to Your bank account.

15. STORAGE OF CUSTOMER GOLD

    15.1.	You will be provided with free storage for your Customer Gold for 5 years, or for such period as more particularly stipulated by MUTHOOT EXIM in this regard from time to time at its sole discretion and notified to Customers on the Platform (“Free Storage Period”).
    15.2.	After the expiry of the Free Storage Period, MUTHOOT EXIM shall be entitled to levy storage charges for such Customer Gold at such rate as would be specified on the Platform, and which may be revised from time to time. The charges would be levied by deducting the eSwarna Digital Gold Balance at the end of each month by a percentage amount at the specified rate. You are advised to periodically check the Platform to understand these storage charges.
    15.3.	In the event that MUTHOOT EXIM is not able to deduct the storage charges because Your gold balance is too low, then MUTHOOT EXIM shall be entitled to sell such portion of Your Customer Gold stored with the Vault Keeper that is necessary or required to recover the unpaid storage charges in question.
    15.4.	While reasonable efforts will be made to offer You a competitive price for the Customer Gold, there is no guarantee that the price offered to You will be close to or comparable with other prices available in the market.

16. FRAUDULENT TRANSACTIONS

    16.1.	The Customer should take care not to share their mobile wallet details, personal UPI pin or OTP (“Payment Information”) with any third party intentionally or unintentionally. MUTHOOT EXIM/Platform Provider never solicits Payment Information over a call or otherwise. MUTHOOT EXIM/Platform Provider/Third Party Services/Payment Gateway partners shall not be liable for any fraud due to the sharing of such details.
    16.2.	In the event that an individual’s Payment Information or Payment Instrument is fraudulently utilised to purchase gold on the Platform (“Fraudulent Transaction”) from MUTHOOT EXIM, then the Platform Provider may share relevant information of such transaction if the victim approaches the Platform Provider via proper channels including MUTHOOT EXIM’s customer support number and email (care@e-swarna.in), along with supporting documentation from the relevant public authority or Cyber Cell.
    16.3.	In the event that MUTHOOT EXIM and/or the Platform Partner have flagged any transaction or Customer account as suspicious as per their internal guidelines, or where it is found that a Customer has utilised Payment Information or a Payment Instrument in an unauthorised or fraudulent manner to purchase eSwarna Digital Gold or undertake any other transaction on the Platform (Fraudulent User), MUTHOOT EXIM and/or the Platform Partner shall be entitled to:
    16.3.1.	request further KYC information or other documentation from the User to verify the flagged transaction;
    16.3.2.	pending further verification, block such Fraudulent User, and/or freeze any accounts associated with them;
    16.3.3.	reverse any such Fraudulent Transaction, to the extent possible, including the sale of any eSwarna Digital Gold Balance purchased by such Fraudulent User, at the prevailing rate;
    16.3.4.	provide information on such Fraudulent User, along with any other transaction details, to the relevant authorities.
    16.4.	In the event of a Fraudulent Transaction as per Section 16.2, MUTHOOT EXIM and/or the Platform Provider, shall make a reasonable effort to assist the Customer or victim in recovering their funds, subject to supporting evidence and documentation being provided upon request. The Platform Provider or MUTHOOT EXIM shall be entitled to transfer the Customer or victim’s funds, less any payment gateway charges that are not refunded by third party payment service provider or bank.
    16.5.	However, it is clarified that MUTHOOT EXIM and/or the Platform Provider shall not obligated to reverse any transaction where the Fraudulent User has already sold the eSwarna Digital Gold Balance purchased through the Fraudulent Transaction, and received the funds against such sale; or where the Fraudulent User has chosen to take delivery of the eSwarna Digital Gold Balance so purchased. In this event, MUTHOOT EXIM shall, to the best of its ability, provide any information on the Fraudulent User, including the bank account or Mobile Wallet account to which funds have been settled, or the physical address to which the eSwarna Digital Gold Balance has been delivered, to the victim or the relevant authorities.

17. USE OF THE PLATFORM AND SERVICES

    17.1.	You acknowledge that the Services are for Your personal use and agree not to publish the eSwarna Digital Gold prices or descriptions of eSwarna Digital Gold and/or any other information displayed on the Platform (in lieu of Your access to the Platform) on any other medium. You shall not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, reverse engineer, create derivative works from, transfer, or sell any information, software, products or services obtained from the Services.
    17.2.	Subject to these Terms and the Privacy Policy, You hereby grant to MUTHOOT EXIM and the Platform Provider 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. You will provide Your consent to the Platform Provider as may be required under applicable law for the use and/or sharing of any data generated by You when purchasing eSwarna Digital Gold or otherwise using the Platform for any services related to the purchasing of eSwarna Digital Gold or for any other purpose as the Platform Provider may stipulate in this regard. The Platform Provider may share Your data with MUTHOOT EXIM, who, in turn, may share Your data with the MUTHOOT EXIM as required to fulfil their obligations as a MUTHOOT EXIM. Your data will continue to be governed by confidentiality obligations outlined in Section 21. It is hereby clarified that MUTHOOT EXIMand the Platform Provider would be the joint owners of any data generated by You when purchasing the Gold on the Platform.
    17.3.	You represent and warrant that: (i) You have obtained all necessary rights, releases and permissions to provide all Your data to the Platform Provider and MUTHOOT EXIMand to grant the rights granted to the Platform Provider and MUTHOOT EXIM in these Terms and (ii) Your data and its transfer to and use by the Platform Provider and MUTHOOT EXIM as authorized by You under these Terms 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. Other than its security obligations under these Terms and the Privacy Policy, the Platform Provider and/or MUTHOOT EXIM assume no responsibility or liability for Your data, and You shall be solely responsible for Your data and the consequences of using, disclosing, storing, or transmitting it.
    17.4.	The Platform Provider and/or MUTHOOT EXIM 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.
    17.5.	MUTHOOT EXIM shall have the sole discretion to determine the locations and pin codes it may want to serve.
    17.6.	The provision of Services through the Platform may be interrupted, including for maintenance, repairs, upgrades, or network or equipment failures. The Platform Provider and MUTHOOT EXIM strives to keep the Services up and running; however, all online services suffer occasional disruptions and outages. The Platform Provider and MUTHOOT EXIM are not liable for any disruption or loss You may suffer as a result.
    17.7.	MUTHOOT EXIM may discontinue some or all of the Services, including certain features and the support for certain devices and platforms, at any time.

18. SUSPENSION / CLOSURE OF eSwarna Digital GOLD ACCOUNT

    18.1.	MUTHOOT EXIM and/or Platform Provider may, at its discretion, suspend eSwarna Digital Gold Account of Customers, if there appears to be a fraudulent or suspicious activity in the account. If the Platform Provider and/or MUTHOOT EXIM are of the opinion that You are involved in any unlawful activity or the eSwarna Digital Gold Account is used for any unlawful purpose, the Platform Provider and/or MUTHOOT EXIM shall have the right to take all actions available to it, including black-listing or blocking You from using the Services on the Platform or blocking Your access to the Services through the Platform or intimating the relevant authorities of such unlawful activities.
    18.2.	Your eSwarna Digital Gold Account may be closed in the event that the arrangement between MUTHOOT EXIM and the Platform Provider is terminated or otherwise the Platform Provider decides to discontinue the relationship with MUTHOOT EXIM. In such an event, Your eSwarna Digital Gold balance may be transferred to the registered bank account and MUTHOOT EXIM may continue to provide the Services and the customer support or facilitate the delivery / sale of Your eSwarna Digital Gold balance.
    18.3.	Each of the Platform Provider and MUTHOOT EXIM shall not be held liable / responsible, in any manner whatsoever, for any loss / liability arising out of or relating to any technical failure / issue in Platform and / or acts / omission not attributable to it.
    18.4.	You shall inform immediately, in any case no later than 10 (ten) days of the transaction, of any irregularities or discrepancies that may exist in Your eSwarna Digital Gold Account, failing which it shall be deemed that there is no error or discrepancy in the account. All records maintained by the Platform Provider and/or MUTHOOT EXIM, 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.

19. FEES

    19.1.	You hereby agree that You shall be liable for all fees and charges associated with the use of the Platform and Services, as may applicable. Further, details of the fees payable (including, but not limited to the terms pertaining to such fees and the quantum thereof), have been set out on the Platform. Please note that the fees and charges may be revised from time to time and it would be Your responsibility to view the Platform to check the then current fees and charges payable.
    19.2.	It is hereby clarified that fees and charges, once paid, are non-refundable.
    19.3.	All payments made for the use of the Platform and/or purchase of Customer Gold by You shall be compulsorily in Indian Rupees.
    19.4.	While availing any of the payment method/s available on the Platform for availing the Services, the Platform Provider and MUTHOOT EXIM shall not be responsible for or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to:
    19.4.1.	Lack of authorization for any transaction(s), or
    19.4.2.	Exceeding the preset limit mutually agreed by You and between bank/s and/or other institutions used by you in making payment, or
    19.4.3.	Any payment issues arising out of the transaction, or
    19.4.4.	Rejection of transaction for any other reason(s) whatsoever.
    19.5.	MUTHOOT EXIM and/or the Platform Provider may temporarily/permanently suspend/terminate the eSwarna Digital Gold Account or refuse access in case of non-payment of fees due by You. Without limitation to the other rights and remedies available to MUTHOOT EXIM and/or the Platform Provider, it also reserves the right to take legal action for the same.

20. MEMBER ELIGIBILITY

    Use of the Platform and/or the Services is available only to Persons who can enter into legally binding contracts under the Indian Contract Act, 1872 and to Persons resident in India. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents and persons of unsound mind are not eligible to use the Platform or the Services. Any person under the age of 18 shall not register on the Platform and shall not transact on or use the Platform in relation to or for any Services. MUTHOOT EXIM reserves 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 MUTHOOT EXIM’s notice or if it is discovered that such Person is not eligible to use the Platform and/or any Service.

21. ABSENCE OF RELATIONSHIP

    21.1.

    You represent and warrant to the Platform Provider and MUTHOOT EXIM that you have sufficient experience and knowledge to make informed decisions to purchase / sell Gold. You acknowledge that you have not relied on any information made available either by the Platform Provider or MUTHOOT EXIM and that the Platform Provider or MUTHOOT EXIM is not making any recommendation with respect to such purchases / sale-back 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 the Platform Provider and/or MUTHOOT EXIM.

    21.2.

    You acknowledge that MUTHOOT EXIM and the Platform Provider are not providing / dealing in / offering any investment product and does not offer any guarantee / assured returns. You further acknowledge that value of Gold may vary depending on various factors and forces.

22. ELECTRONIC ORDER RISKS

    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 the Platform Provider or MUTHOOT EXIM. Therefore, the Platform Provider or MUTHOOT EXIM 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 (including in any device used to connect to the Platform), or to any other cause beyond Platform Provider’s or MUTHOOT EXIM’s control or anticipation.

23. FEEDBACK

    23.1.	The Platform may allow You, solely at the Platform Provider’s discretion, to post Your review and experience of using the Platform (“Reviews”) in order to improve the Platform and the user experience.
    23.2.	You hereby grant the Platform Provider and/or MUTHOOT EXIM a perpetual, non-revocable, worldwide, royalty-free and sub-licensable right and license to use, copy, distribute, display, publish, transmit, make available, reproduce, modify, adapt the Reviews in any manner as deemed appropriate by the Platform Provider and/or MUTHOOT EXIM in any form including but not limited to print, broadcast, online and across any and all websites and platforms owned by the Platform Provider.
    23.3.	You further represent and warrant that while posting any Reviews on the Platform You shall not use any offensive, libellous, derogatory, hateful or racially or ethnically objectionable language. Further, You shall not post any content on any part of the Platform that is obscene, pornographic, constitutes an “indecent representation of women” as provided in the Indecent Representation of Women (Prohibition) Act, 1986.

24. CONFIDENTIALITY

    As elaborated under the Privacy Policy, the Platform Provider and MUTHOOT EXIM will keep all confidential information confidential, including Your personal information, and shall not disclose it to anyone except with your consent or as required by law, and shall ensure that such confidential information is protected with security measures and a degree of care that it would apply to its own confidential information. The Platform Provider and MUTHOOT EXIM acknowledges that its employees, directors, agents and contractors shall use the confidential information only for the intended purpose for which it is provided. The Platform Provider and MUTHOOT EXIM shall use all reasonable endeavours to ensure that its employees, directors, agents and contractors acknowledge and comply with the provisions of these Terms of confidentiality as if such person was subject to these Terms of confidentiality.

25. CONTENT AND INTELLECTUAL PROPERTY RIGHTS

    25.1.	MUTHOOT EXIM solely and exclusively owns its respective copyrights, trademarks, service marks, logos, trade names, and other intellectual and proprietary rights associated with the Services provided by MUTHOOT EXIM and displayed on/accessed on the Platform and is protected under Indian law.
    25.2.	You hereby acknowledge that the Services constitute original works and have been developed, compiled, prepared, revised, selected, and arranged by MUTHOOT EXIM respectively through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitutes valuable intellectual property of MUTHOOT EXIM and such others. You thereby agree to protect the proprietary rights of MUTHOOT EXIM during and after the term of these Terms. You may not selectively download portions of the Platform without retaining the copyright notices. You may download material from the Platform only for the purpose intended by these Terms.
    25.3.	Any infringement shall lead to appropriate legal proceedings against You at appropriate forum for seeking all available remedies under applicable laws of the country.

26. LINKS TO/FROM THIRD-PARTIES’ WEBSITES/APPLICATIONS

    The Platform may contain links and interactive functionality interacting with the websites of third parties. Neither the Platform Provider, nor MUTHOOT EXIM, is responsible for and or has any liability for the functionality, actions, inactions, privacy settings, privacy policies, terms, or content of any such websites. Before enabling any sharing functions to communicate with any such website or otherwise visiting any such website, MUTHOOT EXIM and the Platform Provider strongly recommend that You review and understand the terms and conditions, privacy policies, settings, and information-sharing functions of each such third-party website.

27. INDEMNIFICATION

    You hereby agree to indemnify and keep the Platform Provider and MUTHOOT EXIM indemnified from and against all actions, claims, demands, proceedings, losses, damages, costs, charges and expenses, directly or indirectly, whatsoever (“Losses”) which the Platform Provider and/or MUTHOOT EXIM and/or its 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 Platform and/or any device used by You to access the Platform;
    (ii)	by reason of the Platform Provider and/or MUTHOOT EXIM acting in good faith and taking or refusing to take or omitting to take action on Your instructions, and in particular arising directly or indirectly out of Your negligence, mistake or misconduct ;
    (iii)	breach or non-compliance of the Terms and relating to the eSwarna Digital Gold Account; and/or
    (iv)	fraud or dishonesty relating to any transaction by You.

28. DISCLAIMER OF WARRANTIES

    28.1.

    ALL INFORMATION, CONTENT, MATERIALS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE PLATFORM (COLLECTIVELY, THE “CONTENTS”) ARE PROVIDED BY MUTHOOT EXIM AND THE PLATFORM PROVIDER ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. MUTHOOT EXIM AND/OR THE PLATFORM PROVIDER MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE PLATFORM, THE ACCURACY OR COMPLETENESS OF THE CONTENTS AND THE ACCURACY OF THE INFORMATION. MUTHOOT EXIM AND/OR THE PLATFORM PROVIDER SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, DOCUMENT OR INFORMATION OR ANY OTHER LOSSES INCURRED BY YOU FOR USE OF THE PLATFORM. YOU EXPRESSLY AGREE THAT THE USE OF THE PLATFORM IS AT YOUR SOLE RISK. MUTHOOT EXIM AND/OR THE PLATFORM PROVIDER WILL 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, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. TO THE FULL EXTENT PERMITTED BY LAW, MUTHOOT EXIM AND/OR THE PLATFORM PROVIDER DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE PLATFORM (OR ANY PART THEREOF) AND ITS CONTENTS, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE OR USE.

29. LIMITATION OF LIABILITY

    You hereby acknowledge that MUTHOOT EXIM and/or the Platform Provider (including but not limited to its, directors, employees, agents or partners) shall not be held liable to You for any special, consequential, incidental, and exemplary or punitive damages, or loss of profit or revenues. MUTHOOT EXIM and/or the Platform Provider 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 and/or Your failure to keep the eSwarna Digital Gold Account Information secure and confidential. You further agree that MUTHOOT EXIM shall not be held responsible in any manner whatsoever for any and all acts or omissions of the Platform Provider, any Intermediaries or any other third party whosoever including (but not limited to) any person whose device has been used by You to access the Platform and/or any person appointed/nominated by the Platform Provider for the purposes of accepting/collecting any payments from You for the purchase of Gold. Likewise, the Platform Provider shall not be held responsible in any manner whatsoever for any and all acts of any third party, MUTHOOT EXIM or other Intermediaries.

30. GRIEVANCE REDRESSAL MECHANISM

    30.1.	In accordance with the Information Technology Act, 2000 and Rules made thereunder:
    30.1.1.	the contact details of Grievance Officer for the purposes of the Platform Provider are:
    Name:	Ms. Julia Mathew
    E-mail ID:	julia.mathew@muthoot.com
    Contact:	0471-4911626
    * Contact between 09:00 am to 06:00 pm (Monday to Saturday except on National Holidays)
    30.1.2.	the contact details of Grievance Officer for the purposes of MUTHOOT EXIM are:
    Registered Office:	MUTHOOT EXIM PRIVATE LIMITED 40/7384 Muthoot Towers, M.G. Road, Ernakulum, Kerala- 682035
    Corporate Office:	MUTHOOT EXIM PRIVATE LIMITED 18th Floor, Sunshine Tower, Senapati Bapat Marg, Dadar (W), Next to India Bulls Finance Centre (Parel) Mumbai – 400013 E-mail ID:eswarna@muthootexim.com Contact: Tollfree no.1800 102 1616 Fax: 0484 2351494

31. AMENDMENTS, ACCEPTANCE OF TERMS

    31.1.	MUTHOOT EXIM reserves the right, to change, modify, add or remove portions of these Terms at any time. Such changes shall be posted on the Platform and shall be notified to the Customer prior to making such changes. Notwithstanding anything to the contrary, Customer shall be responsible for regularly reviewing the Terms, including amendments thereto as may be posted on the Platform and shall be deemed to have accepted the amended Terms by continuing the use of Platform.
    31.2.	Accessing, browsing or otherwise using the Platform indicates Your agreement to all the terms and conditions under these Terms. You are advised to read these Terms carefully before proceeding. By impliedly or expressly accepting these Terms, You also accept and agree to be bound by all policies, including but not limited to the privacy policy of the Platform Provider and MUTHOOT EXIM (“Privacy Policy”), as amended from time to time. You can view and read the Privacy Policy of the Platform Provider at the Platform and the Privacy Policy of MUTHOOT EXIM at https://www.muthootexim.com/
    31.3.	You may not use the Platform or avail of the Services if You do not accept the Terms or are unable to be bound by the Terms. As a condition of Your access to and use of the Platform or the provision of any Services to You using the Platform, You agree that You will comply with all applicable laws and regulations when using the Platform. If MUTHOOT EXIM is of the opinion that the eSwarna Digital Gold Account is being used by You for any unlawful purpose, MUTHOOT EXIM shall have the right to take all actions available to it, including black-listing or blocking You from using the Services through the Platform or intimating the relevant authorities of such unlawful activities.