This contract and/or agreement for buying and selling and/or purchase and sale of bullion is a general contract and/or agreement which shall entirely include all the activities relating to the buying and selling and/or purchase and sale of bullion executed by way of on-line and off-line modes. The contract and/or agreement determines and lays down the terms and conditions which are applicable upon the parties and govern the buying and selling and/or purchase and sale of bullion in their entirety.

Between

Jindal Bullion Limited, a Company registered under the aegis of the Indian Companies Act, 1956 and having its registered office at 1190, Third Floor, Kucha Mahajani, Chandani Chowk, Delhi-110006 (hereinafter referred as the “Company”) which expression shall unless repugnant to the context or meaning thereof, includes its administrators, assignees, attorneys, directors, nominees, partners, promoters, representatives and shareholders respectively. The Company is actively involved into the business of buying and selling of raw bullion and has a very limited range of finished goods which is circumscribed to coins and bars only.

&

Any individual and/or a living person including a group of individuals and/or living persons, an Association of Persons (A.O.P.), a Partnership Firm (registered or unregistered), a Trust (registered or unregistered), a Company and/or a group Company, anybody, who is/are interested into the buying and selling of bullion (hereinafter referred to as the “Client(s)/Customer(s)”) which expression shall unless repugnant to the context or meaning thereof, includes its administrators, assignee, attorneys, directors, nominees, partners, promoters, representatives, shareholders and successors respectively.

The “Company” and the “Client/Customer” can be collectively and/or jointly referred as “parties”.

The term “E-Wallet” shall be construed as an electronic wallet which is directly/indirectly linked with the bank account of the “Client(s)/ Customer(s)” through which shall enable the “Client(s)/ Customer(s)” to do on-line transaction(s) of buying and selling and/or sale and purchase of bullion.

This agreement and/or contract is squarely governed by the Indian Contract Act of 1872.

The transaction(s) which shall be performed by the “parties” to this contract shall be completely compliant to the guidelines, policies and procedures including the rules and regulations formulated by the Reserve Bank of India for “Electronic and/or On-Line Transactions” including the guidelines, policies and procedures including the rules and regulations for executing “Electronic and/or On-Line Transactions through Payment Gateways” respectively.

The “Company” presumes the genuineness of the transaction(s) which are executed through the online account of the “Client(s)/ Customer(s)” using his/her Customer Id and password.

The “Client(s)/ Customer(s)” has to fill and upload the “Know Your Client Form (KYC)” as and when asked for by the “Company”.

The contract and/or the agreement is governed by the following terms and conditions:

1. Applicability of the Contract:

This contract and/or agreement is applicable upon all the transactions made between the “parties” with respect to the booking, buying and selling and/or purchase and sale of bullion only.

Note: The “parties” to this agreement and/or contract jointly, irrevocably and unconditionally agree and understand that any transaction initiated and executed by the “Client(s)/ Customer(s)” is a bona fide transaction genuinely done by him/her using his/her login details and the “Client(s)/ Customer(s)” will absolutely honour them.

This contract and/or agreement shall be made applicable upon those “Client(s)/Customer(s)” who have approached the “Company” by way of on-line mode i.e. by signing-up and creating a profile on www.jindalbullion.com and/or by downloading and signing up on the mobile application “Jindal Bullion” and/or by way of off-line mode by personally visiting the offices of the “Company” and opting for the creation of a profile.

Note: This contract is applicable to normal and general transaction(s), however, special offers, special discounts and special schemes shall be governed by different and separate terms and conditions along with the conditions from this contract which are relevant to that particular scheme/offer.

Further a single contract and/or agreement shall apply and govern for every single customer who shall be issued a specific Customer Identity and the same shall cater to the transaction(s) executed by that particular customer.

2. Term of the Contract:

The contract and/or agreement shall commence from the time the “Client(s)/ Customer(s)” registers with the website and/or mobile application, deposit(s) money into his/her e-wallet and/or initiates a transaction and shall continue till the time all the due(s) and/or payment(s) towards the purchase and sale of bullion are cleared including the time the delivery of bullion is made as and when requested for.

3. Process of Initiation & Completion of the Transaction(s):

Once the “Client(s)/ Customer(s)” opts for placing the order either for buying and/or for selling bullion, the transaction commences and is initiated.

Once the transaction(s) is initiated the process starts and the “Client(s)/ Customer(s)” receives a intimation by way of an SMS on his/her registered mobile number and/or E-Mail on his/her registered e-mail address with the “Company”. Thereafter, the “Client(s)/ Customer(s)” can access his/her profile and view his/her ledger balance and can keep a track on the transaction(s) made by him/her.

This transaction(s) shall remain under process up-till the time the final payment is cleared/ made by the “Client(s)/ Customer(s)”. However, once the final payment is cleared/ made by the “Client(s)/ Customer(s)” the transaction(s) shall come to an end.

Once the transaction(s) comes to an end the “Client(s)/ Customer(s)” has two options i.e. one the “Client(s)/ Customer(s)” can sell his/her bullion at the prevailing market price to the “Company” and/or the “Client(s)/ Customer(s)” can opt for the delivery of the bullion. The “Company” undertakes to complete the delivery of bullion within the time conveyed by the company, at the time, when the request for delivery of bullion is received from the “Client(s)/ Customer(s)”. Further, in order to obtain the delivery of bullion the “Client(s)/ Customer(s)” has to personally visit the delivery center(s) of the “Company”, however, in case the “Client(s)/ Customer(s)”expresses his/her desire to receive the bullion by post/courier then the fee(s) and charges(s) for sending the bullion by post/courier including the insurance fee(s) and charges(s) shall be personally and solely borne by the “Client(s)/ Customer(s)” only.

Note: In order to initiate any transaction the “Client(s)/ Customer(s)” has to necessarily furnish and/or pay an advance amount and/or money which is equivalent to 5% of the total value of the transaction, failing which no order can be placed in the bullion shop.

In case the “Client(s)/ Customer(s)” opts for the delivery of bullion from the “Company”, the “Company” shall deliver a cut piece from the bullion as per the requisite quantity opted for.

4. Pricing:

The pricing for which bullion is/are bought and/or sold depends upon the international market price of the bullion and upon the demand and supply of bullion in the domestic market and the international market respectively.

Note: The price(s) for buying and selling and/or purchase and sale of bullion are readily available on the website and/or the mobile application of the “Company” which can also be obtained by calling the customer support telephone number and are inclusive of the Delhi Value Added Tax (D-VAT). However, in case any “Client(s)/ Customer(s)” intends to make a sale of bullion to the “Company” and fails to submit a Tax Invoice in favour of Jindal Bullion Limited, in that case the Delhi Value Added Tax (D-VAT) i.e. @ 1% of the sale price shall be deducted from the sale price/amount which is paid after receiving the physical delivery.

Also company only accepts the gold bullion with a minimum purity of 99.5% and 99.9% in silver at the price offered, if incase the bullion provided by the “Client(s)/ Customer(s)” is of less purity than an additional deduction shall be made to the tune of the purity of the bullion along with 0.5% refining cost of the total transaction value in gold and 5% in silver.

5. Payment Options Available & Cancellation Of The Deal:

As already mentioned in the preceding paragraph in order to initiate any transaction the “Client(s)/ Customer(s)” has to necessarily furnish and/or pay an advance amount/money which is equivalent to 5% of the total value of the transaction. Further in order to pay the remaining amount i.e. 95 %, the same has to be paid within a maximum time frame of two working days i.e. the date on which the transaction is made + immediate 2 (two) working days. However, a part-payment option is also offered by the “Company” to the “Client(s)/ Customer(s)” which they may opt for. In this part-payment option the “Company” gives a maximum grace period of 180 days to the “Client(s)/ Customer(s)” from the date the transaction is initiated and processed, to make full payment to the “Company”, but an interest of 0.03% per day on daily balance is charged from the available balance in e-wallet or the advance money deposited by the client on the remaining balance amount up-till the final payment is received and/or realized by the “Company”.

The “parties” clearly recognize(s) and understand(s) that the price for which bullion is/are bought and/or sold depends upon the global market price and upon the demand and supply of bullion in the domestic market and the international market respectively. The “parties” clearly recognize(s) and understand(s) that the “Client(s)/ Customer(s)” had/has/have booked his/her order by paying only the minimum advance amount/money i.e. 5 % of the total value of the transaction whereas the rest 95 % is being invested by the “Company” in the form of their credibility and/or actual money and/or stock on their cost(s) and/or risk(s). This sum invested by the “Company” remains exposed to cost(s) and risk(s) up-till the time the “Client(s)/ Customer(s)” makes the final payment to the “Company” or cancel the deal on his own. Company does not bear any responsibility for the profit or loss incurred by the client. Therefore, it is jointly, voluntarily and unconditionally agreed between the “parties” that certain safeguards are necessary to be adopted and implemented. Thus, in the event of any fall in price of the bullion and/or any kind of loss including the amount towards the interest the same shall be adjusted and/or debited firstly against the money deposited/lying in the e-wallet. However, in case the money deposited/lying in the e-wallet becomes insufficient and/or nil then the loss and/or interest will be adjusted/debited against the amount towards the advance money paid for initiating the transaction. Although in the event of any change in price of the bullion and/or any kind of loss including the amount towards the interest if cannot be adjusted and/or debited and/or recovered and/or realized by debiting the e-wallet and the advance amount/money paid towards the transaction and the loss of the client rises to a level where client is left with only 1% of the total transaction value as his deposit with the company, out of the complete/total amount deposited by the client in the company till that time; in that case the transaction(s) for booking and/or buying and/or purchasing and/or selling the bullion (Gold/Silver) by the “Client(s)/ Customer(s)” can be cancelled/square off by the “Company” at company's absolute discretion and right to square off the transaction of the “Client(s)/ Customer(s)” at the prevailing market price and recover the balance amount thereon which includes the charges, interests and losses if any directly from the “Client(s)/ Customer(s)”.

Since, price of bullion are highly influenced by the global demand and supply, geo-political factors, economic factors and various other unforeseen circumstances. Following such circumstances that also include any other technical fault or system error if the transaction(s) is cancelled/square off even after crossing the limit of last 1% amount of the total transaction(s) value with the company, it will be the “Client(s)/ Customer(s)” liability to pay the balance amount (if any) that arises due to the rate difference.

Further, in case the “Client(s)/ Customer(s)” makes any profit(s) in the transaction(s) the same shall be transferred to his/her e-wallet by the “Company”.

Note: The clauses 11 and 12 of this agreement i.e. “Indemnity & Personal Guarantee clause” and the “Coverage of Risk clause” shall squarely apply upon the “Client(s)/Customer(s)” from the day the transaction is commenced and/or initiated.

It is pertinent to mention, that the grace period which the “Company” offers to its “Client(s)/ Customer(s)” can be further extended beyond the stipulated time period of 180 days, but the same is subject to the absolute discretion of the “Company” only and at no point of time the “Client(s)/ Customer(s)” can either insist for the same or claim it as his/her right.

6. Modes of Payment:

The “Client(s)/ Customer(s)” can easily make the payment(s) for the bullion purchased to the “Company” by way of online payment methods i.e. Net-Banking, RTGS/NEFT, directly through the bank account(s) of the “Company”. Further the “Client(s)/ Customer(s)” can also make payments to the “Company” through Debit Card and Credit Card by visiting a Third Party Payment Gateway, although the same attracts administrative and handling charges which varies between 1 % and 3 % upon the total amount of transaction and the same shall be directly and personally borne by the “Client(s)/ Customer(s)”.

Whereas, the “Client(s)/ Customer(s)” can receive payment(s) from the “Company” which shall be directly credited to the e-wallet of the “Client(s)/ Customer(s)” which he/she can withdraw into his/her own bank account and/or use for further transaction(s).

Note: At no point of time the “parties” shall ever engage into any cash transaction(s).

The amount shall be considered outstanding against the “Client(s)/ Customer(s)” up-till the time the entire final amount is actually received and realized by the “Company”.

The Delhi Value Added Tax (D-VAT) shall be charged @ 1% from the “Client(s)/ Customer(s)” as the delivery will be made from company's Delhi offices only, unless specified which may also attract the difference in taxes.

7. Processing Fees & Charges:

There exists no administrative and/or processing fees and/or charges and/or any kind of hidden fee(s) and charge(s).

ParticularsFees & Charges
Administrative Fees & Charges Nil
E-Wallet Fees & Charges Nil
Account Opening Fees & Charges Nil
Annual Maintenance Fees & Charges Nil
Processing Fees & Charges Nil
Transaction Fees & Charges Nil

8. Cancellation Policy:

The company reserves the right to cancel any order made on www.jindalbullion.com on the grounds of change in prices or suspected fraud or any other such reasons at any point of time.

We deal in physical sale and purchase of gold and silver which is strictly subject to the availability of stocks. No orders shall be entertained in deficiency of stocks and the company reserves the right to decline such orders.

The “parties” jointly, voluntarily and unconditionally agree that an order for buying and selling and/or purchase and sale of bullion can be cancelled by either of them at any given point of time. It is further agreed that the “Client(s)/ Customer(s)” shall have an option available to him/her for cancellation of the order for buying and selling of bullion and the total net proceeds including the profit (if any) after deducting the interest (if any) and the losses (if any) including the VAT adjustments shall be transferred to the E-Wallet of the “Client(s)/ Customer(s)”.

Note: All the losses and or profits accruing and/or incurring through a transaction shall be directly benefited and/or borne by the “Client(s)/ Customer(s)”.

9. Exchange, Refund & Return Policy:

The “Company” strictly follows a no exchange, no refund and no return policy.

10. Termination of the Contract:

The termination of this contract and/or agreement shall in no manner whatsoever absolve the “parties” from performing their duty(s), obligation(s) and responsibility(s) attached to this contract and/or agreement including the transaction(s) performed by the “parties”.

11. Indemnity & Personal Guarantee:

The “Client(s)/ Customer(s)” voluntarily, unconditionally and irrevocably agrees to indemnify the “Company” in case of either any willful or non-willful whether knowingly or not for any kind of default, deviation, non-adherence and non-compliance of the terms and conditions as mentioned in the this contract and/or agreement either by himself/herself including his/her attorney/ partners/ authorised representatives/ staff members/ employees or any other person associated with him/her.

Further the “Client(s)/Customer(s)” further unconditionally and irrevocably agrees that in the event the “Client(s)/Customer(s)” fails to comply and abide by the terms and conditions mentioned in this contract and/or agreement and fails to make good the loss and damage i.e. monetary and non-monetary suffered by the “Indemnified” and to pay the amount of damages, the “Company” herein shall have a right to initiate appropriate legal proceedings against the “Client(s)/Customer(s)” i.e. both civil and criminal proceedings under the aegis of the different laws of the land and the costs and expenses of the same shall be borne by the “Client(s)/Customer(s)” respectively.

The “Client(s)/Customer(s)” voluntarily, unconditionally and irrevocably agrees to perform the following actions within the stipulated time period as mentioned herein under in the event the “Company” suffers any injury, loss and damage i.e. monetary and non-monetary due to “Indemnifier’s” actions and in-actions either willful or non-willful whether knowingly or not for any kind of default, deviation, non-adherence and non-compliance of the terms and conditions as mentioned in this agreement:

A. The “Company” can immediately freeze and/or withhold the entire amount available in the e-wallet including the bullion i.e. the gold and silver in the account of the “Client(s)/Customer(s)”.

B. Immediately disburse a sum of Rs 5,00,000/- with the “Company” by way of fine within a time span of 48 hours from the moment the default, deviation, non-adherence and non-compliance is communicated and brought to the notice of the “Client(s)/Customer(s)”s.

C. Issue and submit a written reply and formal representation along with the details and records to the “Company” (with reference to the dispute/subject matter in issue) within the time span of 72 hours from the moment the default, deviation, non-adherence and non-compliance is communicated and brought to the notice of the “Client(s)/Customer(s)”.

D. The “Client(s)/Customer(s)” shall by way of compensation waive off all the claims (if any) which is/are either due with the “Company” or which might accrue in future towards the “Company” within the time span of 10 days from the moment the default, deviation, non-adherence and non-compliance is communicated and brought to the notice of the “Client(s)/Customer(s)”.

E. The “Client(s)/Customer(s)” shall indemnify the “Company” and make good all the injuries, losses and damages suffered by the “Company” i.e. both monetary and non-monetary within the time span of 15 days from the moment the default, deviation, non-adherence and non-compliance is communicated and brought to the notice of the “Client(s)/Customer(s)”.

F. The “Client(s)/Customer(s)” shall fully ensure his/her full assistance and co-operation as and when required by the “Company”.

The “Client(s)/Customer(s)” further voluntarily, unconditionally and irrevocably extend(s) his/her personal guarantee to adhere and comply by the terms and conditions of this contract and/or agreement.

12. Coverage of Risks:

The “parties” clearly recognize(s) and understand(s) that the price for which bullion is/are bought and/or sold depends upon the international market price and upon the demand and supply of bullion in the domestic market and the international market respectively.

The “parties” clearly recognize(s) and understand(s) that the “Client(s)/ Customer(s)” had/has/have booked his/her order by paying only the minimum advance amount/money i.e. 5 % of the total value of the transaction whereas the rest 95 % is being invested by the “Company” in the form of their credibility and/or actual money and/or stock on their cost(s) and/or risk(s). This sum invested by the “Company” remains exposed to cost(s) and risk(s) up-till the time the “Client(s)/ Customer(s)” makes the final payment to the “Company” or cancel the deal on his own. Company does not bear any responsibility for the profit or loss incurred by the client. Therefore, it is jointly, voluntarily and unconditionally agreed between the “parties” that certain safeguards are necessary to be adopted and implemented. Thus, in the event of any fall in price of the bullion and/or any kind of loss including the amount towards the interest the same shall be adjusted and/or debited firstly against the money deposited/lying in the e-wallet. However, in case the money deposited/lying in the e-wallet becomes insufficient and/or nil then the loss and/or interest will be adjusted/debited against the amount towards the advance money paid for initiating the transaction. Although in the event of any change in price of the bullion and/or any kind of loss including the amount towards the interest if cannot be adjusted and/or debited and/or recovered and/or realized by debiting the e-wallet and the advance amount/money paid towards the transaction and the loss of the client rises to a level where client is left with only 1% of the total transaction value as his deposit with the company, out of the complete/total amount deposited by the client in the company till that time; in that case the transaction(s) for booking and/or buying and/or purchasing and/or selling the bullion (Gold/Silver) by the “Client(s)/ Customer(s)” can be cancelled/square off by the “Company” at company's absolute discretion and right to square off the transaction of the “Client(s)/ Customer(s)” at the prevailing market price and recover the balance amount thereon which includes the charges, interests and losses if any directly from the “Client(s)/ Customer(s)”.

Since, price of bullion are highly influenced by the global demand and supply, geo-political factors, economic factors and various other unforeseen circumstances. Following such circumstances that also include any other technical fault or system error if the transaction(s) is cancelled/square off even after crossing the limit of last 1% amount of the total transaction(s) value with the company, it will be the “Client(s)/ Customer(s)” liability to pay the balance amount (if any) that arises due to the rate difference. Further, in case the “Client(s)/ Customer(s)” makes any profit(s) in the transaction(s) the same shall be transferred to his/her e-wallet by the “Company”.

The “Client(s)/ Customer(s)” irrevocably, unconditionally and voluntarily indemnifies the “Company” against any damage, injury and loss (both monetary and non-monetary) and agrees and assures to make them good.

Furthermore, in all consequences(s) and situation(s) the “Client(s)/ Customer(s)” guarantees his/her performance as and when required.

13. Privacy Policy:

The “Company” completely recognises the importance of maintaining the privacy of the “Client(s)/Customer(s)” and thus it is only the basic personal information of the “Client(s)/Customer(s)” including the contact details which are being kept and stored. This information is collected and obtained directly from the “Client(s)/Customer(s)” which they either enter while signing up on the website and/or the mobile application including filling of web based forms and questionnaires and/or while entering their feeds and posts on the various different pages on social networking websites and portals and/or by way of filling of physical forms and questionnaires. This information is used to contact people for sending greetings, sending requests, sending follow-ups and reminders, sending updates, forwarding transactional communications, responding to the enquiries and queries, obtaining feedback for the products and services, for security purposes, for marketing purpose, for sales and promotion by way of e-mails and text messages, The information is not shared with any other individual(s) and/or organisation(s) except our business associate(s) and partner(s).

Further, the bank details and/or the credit card details and/or the debit card details and/or the transaction details and/or the ledger details of the transactions are kept and stored of any of the visitors and the “Client(s)/Customer(s)” for accounting purposes.

Note: For further details the “Client(s)/ Customer(s)” can refer to the Privacy Policy of the “Company” which is readily available on the “Company’s” website.

14. Force Majeure:

The “parties” to this contract and/or agreement clearly understand(s) that in the event of strikes, lock outs happening of war, arise of coup and/or political unrest, embargo, occurrence of natural and man-made calamities, catastrophes and disasters or any other unprecedented event beyond their control, the “Company” can postpone and/or withhold the performance of the contract and/or agreement up-till the time normalcy is attained.

15. Arbitration Clause:

In case of arising of any dispute(s), the “parties” to this contract and/or agreement jointly, voluntarily and unconditionally agree to invoke this Arbitration clause and submit themselves to the jurisdiction of the sole Arbitrator in order to conduct the arbitration proceedings.

The “parties” jointly, voluntarily and unconditionally agree that the sole Arbitrator shall be jointly appointed by them and the decision/award passed by the sole Arbitrator shall be final and have a binding effect upon the “parties”.

The “parties” jointly, voluntarily and unconditionally agree that the place of arbitration shall be New Delhi only.

The “parties” jointly, voluntarily and unconditionally agree to abide by and follow the Arbitration & Conciliation Act, 1996 and the amendment thereafter.

16. Jurisdiction Clause:

This contract and/or agreement is solely governed by the laws made by the Government of NCT of Delhi only.

In case of arising of any dispute(s), the “parties” to this contract and/or agreement voluntarily and unconditionally agree and submit themselves to the jurisdiction of the Courts in Delhi only.

17. Disclaimer:

The “parties” to this contract and/or agreement clearly understand(s) that at no point of time the “Company” is ever giving any investment ideas and/or tips to the “Client(s)/ Customer(s)”. Thus, any transaction(s) made by the “Client(s)/ Customer(s)” will be considered to be done by him/her by his/her free will and consent only and at no point of time the “Company” shall be ever held responsible for the same.

The “parties” to this contract and/or agreement clearly understand(s) that the price of bullion depends upon several domestic and international economic factors including the demand and supply of bullion in the domestic and international market and other non-economic factors which are beyond their control. Thus, the “Client(s)/ Customer(s)” clearly undertakes(s) the full responsibility and accountability of the transaction(s) executed/made by them.

Further, the “parties” to this contract and/or agreement clearly understand(s) that in case of delivery of bullion the “Company” shall be only delivering a cut piece from a larger form of bullion. However, in case the “Client(s)/ Customer(s)” requires the product in the form of coins or bars he/she has to pay a nominal fee(s) and/charge(s) and can take the product from the “Company”.