Terms & Conditions

This document is an electronic record in terms of Information Technology Act, 2000, amendments thereof from time to time and the rules thereunder as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
Please read the terms of use carefully before registering, accessing or using the TradeGold Services (defined below). The terms and conditions are a legal contract ("Agreement") between You and TraceMetal Private Limited (“TradeGold/Company”) having its registered office at A N Palankar Sarvodaya Colony, Gadag, Karnataka 582101, India. You agree and acknowledge that you have read the terms and conditions set forth below. If you do not agree to these terms and conditions or do not wish to be bound by these terms and conditions, you may not use the Services and/or immediately terminate the Services and/or uninstall the mobile application.
We may amend the terms and conditions at any time by posting an updated version at the website and Mobile App (App/Platform). The updated version of the Terms of Service shall take effect immediately upon posting. Your continued use of the App following the posting of changes will mean that You accept and agree to the revisions including additional Terms or removal of portions of these Terms, modifications etc.

Definition

“We”, “Us”, “Our” - shall refer to TraceMetal Private Limited“You”, “Yours”, “Yourself”, “User”- refers to any non-registered individual or corporate body, registered user of the App,including but not limited to users of services provided by TradeGold “TradeGold App” - The mobile application(s), hosted by TradeGold and for providing TradeGold services to its users, including its business partners and service providers and also includes any and all Services where it acts as an Intermediary . “TradeGold Services” - shall include all services extended but not limited to purchase/investment of Gold and other similar investment line. “Business Partners” – Shall refer to any individual, group of individuals defined under law with whom TradeGold have a contractual relationship and not limited to Clients, Advertisers, Financial institutions

Eligibility

By accessing the Service and TradeGold App You represent that:-

1) You are 18 years of age or older
2) You are capable of entering into a contract /legally binding agreement
3) You have the right, authority and capability to enter into this Agreement abiding by all the provisions of the “terms of use”
4) You are not impersonating any person or entity, or falsely stating your age or affiliation with any person or entity. TradeGold shall reserve the right to terminate your contract to use in case of any incorrect representation of the above-mentioned conditions.
5) The mandatory information and Officially valid document(s) “OVD”/ document details mentioned by you are true & correct and belong to You.
6) We will at all times assume (and by using this App you warrant that) you have the legal ability to purchase Gold and otherwise use this Platform, and are capable of being bound by these Terms and Conditions.
7) Further, by using the App, You confirm that you are not registered under any applicable Goods and Services Tax Act, 2017 and that if, in the course of your relationship with our App and/or one of our Business Partner, you become registered under the applicable Goods and Services Tax Act, 2017, you shall inform our business partner of your change in status immediately.
8) If necessary, you shall seek independent tax advice, and these Terms and Conditions do not constitute any tax advice to You.

Registration

In order to use the Services You need to register on the TradeGold App/Platform and provide us with accurate and complete information as required. You are also required to keep your accounts, KYC details and contact information complete and updated at all times.

Once you sign-up on App you are entitled to a TradeGold Account. Once registered, certain services may ask you for additional information in order or avail such service and may involve creation of sub-accounts for availing such services.

TradeGold Services

TradeGold Account An account that you create when you sign-up/register with TradeGold to access the Services, including the following:

1) This account allows you to access the App, browse through the Service, make payment using UPI, debit card, credit cards or net banking collectively known as (‘Payment Gateway Services’) as permissible for the purchase of Gold

2) The Company may also ask You to provide certain additional information about yourself on a case-to-case basis.

3) Access to TradeGold Account enables you to browse through TradeGold Services provided by TradeGold and in order to avail, enroll or use any such Service you may need to additionally register for such services by providing some more information as required under the Terms of Use of such products/services.

4) Allows you to share and maintain the Know Your Customer “KYC” details and information for underwriting purposes for other financial and non-financial products available on the App

5) You further agree to the Privacy Policy as applicable for TraceMetal Private Limited Entity. In order to avail the Services, you need a mobile, internet or any other supported device that meets the compatibility requirements of accessing the app and the website, which may change from time to time.

6) You are allowed to purchase physical Gold pursuant to the collaboration between the Company and Authorised TradeGold Gold Partner.

7) The Company hereby grants You, a limited, non-exclusive, non-transferable, royalty free license to use the App/Platform for the purposes of availing the Services.

8) The services offered on the Platform shall include, but is not limited to the following: (a) facilitating buying of physical Gold; and (b) maintaining a record of Your personal information and financial transactions in a secure and confidential manner;. (“Platform Services”).

9) However, before placing the order and availing the Services, the User may be required to provide certain KYC documentation and other information as may be required by the Authorised Partner( Authorised partner selected by the user ) in such form and manner as it may deem fit.

10) This information may be requested from You at the time of registration, or at a later stage, including the following events, to prevent fraudulent activities: You withdraw your purchase of Gold.

11) The KYC verification shall be undertaken based on the PAN Card issued to You. You shall upload a clear picture of your PAN Card except in cases where e-PAN is provided by You.

12) We shall verify Your details from the database of the issuing authority, including through Digilocker.

13) The Purchase only physical Gold(24K,22K,20K & 18K) to start with on a pre-payment basis, with an applicability of 3% GST on all purchases.The gold once purchased cannot be withdrawn before lock-in period( Lockin period selected by the user).

14) TradeGold provides a platform for purchasing physical Gold in various purities including 24K, 22K, 20K, and 18K, through selected authorized partners chosen by the user. These purchases come with customizable locking periods of 3 months, 6 months, 9 months, and 12 months, subject to the terms and conditions specified by TradeGold.

15) It is also clarified that the Company is merely providing a platform to its Users to facilitate the transaction of sale and purchase of Gold and will not be liable in any manner with respect to the products and/or services offered to You by the respective Business Partners

16) You hereby agree and acknowledge that the data and information provided on the App does not constitute advice of any nature whatsoever and shall not be relied upon by You while making investment decisions and You shall be solely responsible for the purchase of any Gold on the App.

17) In no event shall the Company be liable to You for any loss or damage that may cause or arise from or in relation to these Terms of Use and/or due to use of this App/Platform or due to purchases made using this App/Platform.

18) Use of the App/Platform and availing the Services: You acknowledge that the Services are for Your personal use and agree not to publish the Gold prices or descriptions of Gold and/or any other information displayed on the Platform (in lieu of Your access to the App/Platform) on any other medium.

19) You agree that You shall not copy, reproduce, sell, redistribute, publish, enter into a database, display, perform, modify, alter, transmit, license, create derivatives from, transfer or in any way exploit any part of any information, content, materials, services available from or through the App/Platform, except that You may download the App for Your own personal, internal and non-commercial use.

20) You agree that You will not use the App/Platform in any manner or engage in any activity that may damage, disable or impair or adversely affect the use of the Platform or interfere with any other users’ use, legal rights, or enjoyment of the Platform. Further, You agree not to remove any text, copyright or other proprietary notices contained in the content downloaded from the App/Platform.

Placing of order

1) You can purchase Gold on the Platform on a pre-payment basis i.e., once you place the order and confirm the transaction for purchase of Gold, and agree to the Terms of Use the Platform will notify Authorised Partner selected by the user.
2) Once the payments are received by Authorised Partner selected by the user and the KYC information (if and where applicable) is found acceptable, Authorised Partner selected by the user 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.
3) Notwithstanding anything to the contrary contained in these Terms and Conditions, Company and/or Authorised Partner selected by the user shall be entitled to accept or reject the User, for any reason whatsoever, at its sole and exclusive discretion. The money shall be refunded in case of order reject.
4) Once the Customer Order is placed, You are not entitled to cancel such a Customer Order, provided however that such Customer Order shall stand cancelled if the payment fails for any reason whatsoever. The Platform and/or Authorised Partner selected by the user reserves the right to cancel the Customer Order, at its sole discretion, if Your information, provided prior to placing the Customer Order, is not found acceptable and the Platform and/or Authorised Partner selected by the user are of the opinion that You are not eligible to purchase Gold from Authorised Partner selected by the user.
5) In case of rejection of any of Your Customer Order, where payments have been received by TradeGold/ Authorised Partner selected by the user such payments shall be returned to You in accordance with these Terms of Use or the terms and conditions of Authorised Partner selected by the user as applicable.
6) The quantity of Gold purchased by You shall be stored with the Custodian in a vault on Your behalf. You hereby authorise Authorised Partner selected by the user to store or use such physical gold products purchased by You pursuant to the Customer Order, including, but not limited to, bullion, coins or jewellery (as the case may be) in the secured vault maintained by the Custodian on Your behalf (“Customer Gold”).
7) It is hereby clarified that Your purchase of the physical gold corresponding to Your Customer Order shall be deemed to be completed and title in relation thereto shall be deemed to have been passed to You upon such relevant portion of the Customer Gold being stored in the vault with the Custodian on Your behalf in accordance with the terms and conditions of Authorised Partner selected by the user, subject to applicable laws.

Pricing and Payment policy

1) Except where noted otherwise, the price displayed on the App/Platform, represents the market linked price of Gold as indicated by Authorised Partner selected by the user.
2) Market linked prices means that these quotes are linked to the prices of gold in the commercial bullion market in India. However, it does not indicate that the gold prices displayed on the Platform will always be the same as that of the prevalent prices displayed in other commercial bullion markets. As a purchaser, it is your responsibility to compare the prices and take appropriate decisions after adequate diligence. Notwithstanding the foregoing, you understand that these prices may vary multiple times within a day, and accordingly
3) Your payment obligations for any Customer Order will depend on the prices displayed at the relevant time.
4) Payment policy: Payment will be accepted through the payment options made available on the App/ Platform, which may include redirection to a payment gateways and aggregators hosted by third-party websites or UPI applications.
5) At the time of purchase, fulfilment sale and/or transfer of Gold, the relevant taxes will be chargeable as applicable as per the Government regulations.

Delivery of Gold

1)Upon completion of the selected lock-in period, starting from the date of enrolment, the member becomes eligible for availing gold without any making charge on jewellery (excluding special items such as Diamond, Platinum, Uncut Diamonds, Ruby, Emerald, Ethnic, Vintage, Silver articles & jewellery). This benefit is limited to the accumulated gold weight based on the option chosen by the user.

2) If a member purchases jewellery exceeding the accumulated amount of gold weight, they will be responsible for bearing the wastage and making charges applicable for the difference in weight.

3)Delivery Options for Gold Purchases

a)24K Gold Purchase:

If You purchase 24K gold, you can opt to receive solid physical gold.

b) 22K, 20K, or 18K Gold Purchase:

If You purchase 22K, 20K, or 18K gold, you have the option to receive your gold in jewellery form.
Additional costs apply for customised jewellery.

4)Disclaimer: TradeGold is not responsible for any loss on your gold investment and is not responsible for the repayment of your Gold. The Authorised Partner selected by the Customer is responsible for the repayment of the Gold. TradeGold will facilitate all necessary legal actions if the Authorised Partner fails to repay your Gold.

Return & Cancellation

Due to service providers in nature “NO REFUND”,“NO CANCELLATION” will be entertained once the Payment has been made.

Please note once the order is processed, no cancellation request will be entertained.

Intellectual Property Rights

Intellectual Property Rights for the purpose of this Terms of Use shall always mean and include copyrights whether registered or not, patents including rights of filing patents, trademarks, trade names, trade dresses, house marks, collective marks, associate marks and the right to register them, designs both industrial and layout, geographical indicators, moral rights, broadcasting rights, displaying rights, distribution rights, selling rights, abridged rights, translating rights, reproducing rights, performing rights, communicating rights, adapting rights, circulating rights, protected rights, joint rights, reciprocating rights, infringement rights. All those Intellectual Property rights arising as a result of domain names, internet or any other right available under applicable law shall vest in the domain of TradeGold or TraceMetal Private Limited entities as the owner of such domain name. The Parties hereto agree and confirm that no part of any Intellectual Property rights mentioned hereinabove is transferred in the name of User and any intellectual property rights arising as a result of these presents shall also be in the absolute ownership, possession and Our control or control of its licensors, as the case may be.

All material on this TradeGold website and mobile application, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights of TraceMetal Pvt Ltd. Material on Website is solely for Your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and You must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other platform or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited.

Termination

You agree that TradeGold at its sole discretion may terminate your contract without prior notice and restrict your access to the App/Platform if determined that You have violated the terms of use and You consent that in case TradeGold suffers losses, not limited to monetary losses, due to Your actions, We can take injunctive relief or any other legal action as deemed necessary within the said circumstances and TradeGold is not liable for any loss to You due to termination.

Limitation of Liability

Financial and non-financial transactions performed by You on the Platform is always processed by You or under Your exclusive authorisation.

In no event will TradeGold be liable for any indirect, consequential, incidental, special or punitive damages, including without limitation damages for loss of profits or revenues, business interruption, loss of business opportunities, loss of data or loss of other economic interests, whether in contract, negligence, tort or otherwise, arising from the use of or inability to use the Services, however caused and whether arising in contract, tort, negligence, warranty or otherwise.

Indemnification

You shall indemnify and hold harmless TradeGold its owner, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of Your breach of this Terms of Use, privacy Policy and other Policies, or Your violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party.

Force Majeure

A Force Majeure Event shall mean any event that is beyond the reasonable control of TradeGold and shall include but not limited to war, riots, fire, flood, acts of God, explosion, strikes, lockouts, slowdowns, prolonged shortage of energy supplies, Pandemic, computer hacking, unauthorized access to computer data and storage devices, computer crashes ,acts of state, governmental, legal or regulatory actions prohibiting or impeding TradeGold from performing its respective obligations under the contract.

Dispute, Governing Law & Jurisdiction

This Agreement and the rights and obligations thereunder and the relations of the parties and all matters arising under or in connection with this Terms of Use, including the construction, validity, performance or termination thereunder, shall be governed by and construed in accordance with the laws of the Republic of India. Subject to and without prejudice to the amicable settlement, the courts in Gadag, Karnataka shall have exclusive jurisdiction to try and adjudicate all matters arising in connection with your use of the Services or other matters covered herein.

Disclaimers

As part of this continual innovation and improvement, we sometimes may add or remove features and functionalities, increase, or decrease limits to our Services, start offering new services or stop offering old ones on our Platform. Such offering can also be due to discontinuation of any service or offering on the Platform by third party service providers or business partners.

We may record or monitor Our conventions with You for records and monitoring quality of our conversations.

Any content downloaded or otherwise obtained through the use of our Platform is done at your own discretion and risk, and We cannot confirm that such documents or contents are error or virus free and You understand and acknowledge that you are solely responsible for any damage to your devices, for any loss of data that may result from the download of such contents.

TradeGold and third-party partners make no warranty, express or implied regarding the quality of Services including but not limited to:

1) the Services will meet your requirements
2) the Services will be uninterrupted, timely or error free; or
3) any products, information or material obtained by You in connection with the services will meet Your requirements.
Except as expressly provided herein and to the full extent permitted by law, the Services are provided "as is ", "as available " and "with all faults ". All such warranties, representations, conditions, undertakings and terms, whether express or implied, are hereby excluded. It is Your responsibility to evaluate the accuracy, completeness and usefulness of the Services and other information provided by TradeGold or generally available. We do not authorise anyone to make any warranty on our behalf and You should not rely on any such statement.

If you have a dispute with other parties, you release TradeGold (and our affiliates and officers, directors, agents, and employees thereof) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

Tel: +91 - 8217371081
Email: contact@tradegold.in