Terms and Conditions : ACCEPTANCE OF DISCLAIMERS AND EXCLUSIONS
You acknowledge that the disclaimers and exclusions of liability set forth in these Terms and Conditions of Access and Use represent a fair and reasonable allocation of the risks and benefits of the Agreement between you and us, taking all relevant factors into consideration. You agree that these disclaimers and limitations shall be enforceable to the fullest extent permitted by applicable law. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Platform or these Terms and Conditions of Access and Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.
BUSINESS RULES
These Terms and Conditions of Access and Use shall be read in conjunction with the Business Rules of Finkurve and of the Platform, as available on the Platform. Finkurve may revise these Business Rules from time to time and at any time, without notice to you.
COPYRIGHT
All content included on the Platform such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Finkurve or its content suppliers and is protected by international copyright laws. All software used on this site is the property of Finkurve or its software suppliers, and is protected by international copyright laws. The content of the Platform cannot be copied, reproduced, republished, uploaded, posted, transmitted or distributed for any non-personal use without the prior written approval of Finkurve.
Graphics, logos, page headers, button icons, scripts, and service names contained in or features on the Platform are trademarks, or trade dress of Finkurve. Finkurve's trademarks may not be used in connection with any other product or service, in any manner that is likely to cause confusion, disparage or discredit regarding Finkurve and its products and services. All trademarks not owned by Finkurve that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Finkurve.
DISCLAIMER OF WARRANTIES
The Platform and all information, content, materials, products (including software) and services included on or otherwise made available to you through the Platform are provided by Finkurve on an "as is" and "as available" basis, unless otherwise specified in writing. Finkurve makes no representations or warranties of any kind, express or implied, as to the operation of this site or the information, content, materials, products (including software) or services included on or otherwise made available to you through this site, unless otherwise specified in writing. You expressly agree that your use of this site is at your sole risk. To the full extent permissible by applicable law, Finkurve disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Finkurve does not warrant that this site; information, content, materials, products (including software) or services included on or otherwise made available to you through this site; their servers; or electronic communications sent from Finkurve are free of viruses or other harmful components. Finkurve will not be liable for any damages of any kind arising from the use of this site or from any information, content, materials, products (including software) or services included on or otherwise made available to you through this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages, unless otherwise specified expressly in writing.
DISPUTES
Any dispute or claim relating in any way to your visit to the Platform or to products or services sold or distributed by Finkurve or through the Platform will be resolved first by arbitration. The Indian Arbitration and Conciliation Act of 1996 applies to this agreement. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim in detail to our address available on the Platform. The arbitration will be conducted in Mumbai by an independent arbitrator appointed by Finkurve. The costs of arbitration proceedings will be borne by the party so instructed by the arbitrator, on merits of the case. We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action.
ELECTRONIC COMMUNICATIONS
When you visit the Platform or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We may communicate with you by one or more of letters, e-mail, SMS or by posting notices on the Platform. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy all legal requirements that such communications be in writing.
EQUIPMENT
You shall procure and maintain all communication and other equipment necessary to access the Platform and the costs of any such equipment and communication connections or use, including any applicable taxes, shall be borne solely by you. You are responsible for operating your own equipment used to access the Platform.
FINANCIAL TRANSACTIONS AND TAXES
If you wish to make any financial transactions on the Platform, including paying for products or services, you may be asked for credit card or other payment information. You agree that all information you provide is accurate, complete and current and that you will pay all charges owed, including any applicable taxes. You agree that you are solely responsible for any personal income reporting and tax payments required of you by applicable government authorities.
GOVERNING LAW AND JURISDICTION
By visiting the Platform, you agree to be bound by the applicable Indian laws and State laws, including those pertaining to taxation. This Agreement has been executed and delivered in India, and its interpretations, validity and performance shall be construed and enforced in accordance with the laws of the Republic of India, without regard to principles of conflict of laws, and shall be subject to the exclusive jurisdiction of courts at Mumbai, India.
INDEMNIFICATION
You agree to indemnify, defend and hold Finkurve harmless from all claims, damages and expenses (including attorney's fees) made by any third party arising out of your content, your use of the Platform, your connection to the Platform, your violation of this Agreement, our Terms and Conditions of Access and Use or our business policies, and the development, operation, maintenance, use and contents of this Platform.
INDEPENDENT INVESTIGATION
You acknowledge that you have read these Terms and Conditions of Access and Use and agree to them in entirety. You, understand that we may at any time (directly or indirectly) solicit member referrals on terms that may differ from those contained in this Terms and Conditions of Access and Use. You have independently evaluated the desirability of associating with the Platform or of participating in its programs or of availing its services and/or products, and are not relying on any representation, guarantee or statements other than as set forth in this Terms and Conditions of Access and Use.
ELIGIBILITY
You may use the Platform only if you are an Indian citizen, residing in India, and are eligible to enter into contracts under Indian law. Non-Indian citizens and non-resident Indians cannot participate on the Platform at present.
YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Platform, you agree to:
Provide true, accurate, current and complete information about yourself as prompted by the registration form required by the Platform (such information being the "Registration Data"), and
Maintain and promptly update the Registration Data to keep it true, accurate, current and complete.
In addition, if required you fill and sign all forms and documents which form part of your account opening kit, and supply us with all the relevant legal documents and financial information which law requires us to maintain. You warrant and represent that all information that you supply to us is accurate and truthful. You also expressly authorize Finkurve to obtain reports concerning your credit standing and business conduct.
If your application is approved, Finkurve will open an account ("Account") for you. We reserve the absolute right to either accept or reject your application on any grounds whatsoever, and you agree that you shall not dispute the result in any manner whatsoever.
Notwithstanding the foregoing, we may provide you with access to some parts of the Platform without you registering as a user. In that case, your identification is based on other means of identification that we deem appropriate. You warrant and represent that all information provided for this other means of identification is accurate and truthful. You further agree that such information may be collected and disclosed to us and used in accordance with these Terms and Conditions of Access and Use.
DISAPPROVAL OF APPLICATION
If you provide any information that is untrue, inaccurate, not current or incomplete, or Finkurve has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Finkurve has the right to suspend or terminate your account and refuse any and all current or future use of the Platform (or any portion thereof) without any liability to you.
ACCOUNT SECURITY
Upon completing the registration process with the Platform, you will receive a password and account designation. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Finkurve of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session.
TERMINATION OF ACCOUNT
You agree that Finkurve, in its sole discretion, may terminate your password, Account or your use of the Platform. Finkurve may terminate your Account and remove any content within the Platform for any reason, including, without limitation, if Finkurve, in its sole opinion, believes that you have violated or acted inconsistently with the letter or spirit of these Terms and Conditions of Access and Use. Finkurve may also, in its sole discretion and at any time, discontinue the Platform, or any part thereof, without notice. You may also request Finkurve to terminate your account with us by sending an email to the customer help desk from your registered email id. You agree that any termination of your access to the Platform under any provision of these Terms and Conditions of Access and Use may be effected without prior notice, and acknowledge and agree that Finkurve may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or to the Platform. Further, you agree that Finkurve shall not be liable to you or any third-party for any termination of your access to the Service. However, on such termination, Finkurve shall, based on request from the customer, deliver the bullion lying in the vaults in the form of coins and/or bars, sell the fractional parts and return the net amount of money standing to the credit of your Account
INVESTMENT DECISIONS
Finkurve may publish research and opinions on the Platform, for your information. You may not rely on any such information for forming your investment decisions. You acknowledge that Finkurve or the Platform and its officers, directors, employees, agents and affiliates will have no liability with respect to transactions in or for your Account and your investment decisions.
OPERATIONS
OVERVIEW
Through the Platform, Finkurve shall facilitate buy and sell of Gold and Silver (Bullion). All such buy and sell transactions are final and non-reversible.
Finkurve shall provide buy/sell quotes for the prices of Bullion, which shall be linked, based on a formula, to the prices of gold and silver in the spot market. You may buy any quantity of Bullion through the Platform, subject to policies framed in this regard by Finkurve.. Finkurve shall issue an invoice with Bullion (as the case may be) purchased by you. The Bullion purchased will be delivered and stored with a custodian in a vault on your behalf. The cost of insurance of Bullion will be borne by Finkurve.
You shall have the option to (a) sell gold / silver from your Platform account back to Finkurve at the prices shown on the Platform at the time of sale, or (b) request for the delivery of the gold/silver in the form of coins and bars online from us. Bullion cannot be pledged or transferred to any other user.
BUSINESS DEPOSIT
You can transfer business deposit in your Account by using Internet banking, electronic transfer, cheque, demand draft and debit card. Business Deposit will be credited in your Account only after the funds are cleared.
When you buy gold / silver through your Account on the Platform, you can use the amount of the business deposit towards the amount payable for the purchase in your Account. Similarly, when you sell gold / silver from your Account on the Platform, the amount of the transaction will be added to the business deposit in your Account. No interest would be payable on the business deposits maintained by you in the Account or with Finkurve. You may withdraw a part or the entire business deposit in your Account upon request to Finkurve. The withdrawal may be effectuated by such means as Finkurve may decide at its sole discretion. Such means may include electronic transfer of funds to your bank account and payment through cheque.
Privacy Policy:
We are committed to protecting your privacy. We will only use the information that we collect about you lawfully. We collect information about you for 2 reasons: firstly, to process your order and second, to provide you with the best possible service.
We will not e-mail you in the future unless you have given us your consent. We will give you the chance to refuse any marketing email from us or from another trader in the future.
The type of information we will collect about you includes:
Your Name
Address
Phone Number
Email Address
We will never collect sensitive information about you without your explicit consent. The information we hold will be accurate and up to date. You can check the information that we hold about you by emailing us. If you find any inaccuracies we will delete or correct it promptly. The personal information which we hold will be held securely in accordance with our internal security policy and the law. We may use technology to track the patterns of behaviour of visitors to our site. This can include using a "cookie" which would be stored on your browser. You can usually modify your browser to prevent this happening. The information collected in this way can be used to identify you unless you modify your browser settings. If you have any questions/comments about privacy, you should contact us.
