These terms and conditions of use, when issued in an electronic form, will not require any physical, electronic or digital signature, and will be governed by the Information Technology Act, 2000 and rules thereunder, as may be amended, modified, re-enacted, consolidated or replaced from time to time.
These terms and conditions of use (“Terms and Conditions of Use” or “Terms”) govern the purchase or sale of Precious Metals (as defined below) and the provision of the Services (as defined below) through the website www.eBullion.in (the “Website”), and mobile applications namely “eBullion” (the “Application”) for android and iOS devices (hereinafter collectively referred to as the “Platform(s)).
The Platforms are operated by EBULLION PRIVATE LIMITED, a company incorporated under the laws of India and having its registered office at C-122, TTC Industrial Area, Pawane, Navi Mumbai 400703, Maharashtra, and its affiliates (“eBullion” or “We” or “Us” or “Our”).
For the purposes of these Terms, wherever the context so requires, “You”, “Your” and “Customer” shall mean any Person who is registered as a customer on the Platform in accordance with these Terms.
For the purpose of these Terms, wherever the context so requires, the capitalised terms used in the Terms shall have the following meaning, unless otherwise defined elsewhere in the Terms:
“Consideration” means such amounts as paid by a Customer to eBullion for the purchase of and if applicable, storage and/or delivery of the Precious Metals purchased from eBullion to such Customer in accordance with the relevant purchase request orders placed by such Customer on the Platforms and accepted by eBullion and the tax invoice issued by eBullion.
“Customer Escrow Account” shall mean a non-interest bearing current account (denominated in Indian National Rupees) without any checking or overdraft facilities, which shall be opened by eBullion with one or more independent Escrow Banks from time to time, in which a Customer will deposit the cash consideration towards purchase of the Precious Metals on the Platform, and shall include any other account which is a successor to or replacement of the Customer Escrow Account, whether due to any re-numbering or re-designation of the Customer Escrow Account or otherwise.
“eBullion Account” shall mean collectively, the eBullion Metal Account and the eBullion Funds Account and individually, an ‘eBullion Account’.
“eBullion Funds Account” shall mean an electronic record of a Customer as accessible to the Customer on any Platform relating to:
payments made to Us and from Us in relation to the purchase, sale, storage and delivery of the Purchased Precious Metals and/or any other transactions between You and Us under these Terms; and
the fees and other charges levied by Us for Services provided to You from time to time.
“eBullion Metal Account” shall mean an electronic record of a Customer as accessible to the Customer on any Platform relating to details of the Precious Metals that a Customer owns by way of purchase of the Precious Metals on any Platform (“Purchased Precious Metals”), identified by quantity and purity of the Purchased Precious Metals, and, if as applicable, delivered to Us for storage in the Vault.
“Escrow Bank” shall mean, an independent escrow bank appointed by eBullion in accordance with the Escrow Services Agreement.
“Escrow Services Agreement” shall mean an agreement executed between eBullion, the Escrow Bank and the Vault Operator in relation to the escrow services to be provided by the Escrow Bank in connection with the sale and purchase of the Precious Metals on the Platforms.
“Force Majeure Event” shall include without limitation:
lock outs, dharnas, strikes, or any other industrial dispute or uprising or commotion (in each case, whether or not relating to Our workforce and whether or not beyond Our control);
changes to applicable laws, bye-laws, acts, rules or regulations of any governmental, regulatory, statutory or supranational bodies or authorities or agencies;
breakdown, failure, downtime, malfunction, error, or hacking of security, telecommunications or software or hardware or devices or computer services or systems (including the internet), including, without limitation, any third-party devices, services or systems;
act of God such as fire, earthquake, nuclear incident, floods, volcanic action or other natural calamities;
pandemic or epidemics;
any act of government or state, lockdown, terrorist act, war, civil commotion, insurrection or embargo;
errors of any nature whatsoever, relating to delivery or payment by any bank or counterparty or third-party service provider; and / or
any other reason (whether or not similar in kind to any circumstance, act or event described in this sub-clause (d)), which are beyond Our control.
“GST Invoice” shall mean an invoice issued for sale of Precious Metals in accordance with the provisions of the Central Goods and Services Tax Act, 2017 and rules and regulations framed and issued thereunder.
“Insolvency Event” in relation to a Person means:
the National Company Law Tribunal passes an order for the commencement of a corporate insolvency resolution process under the Insolvency and Bankruptcy Code, 2016, against such Person; or
the National Company Law Tribunal passes an order for the commencement of liquidation or winding up of such Person under the Insolvency and Bankruptcy Code, 2016, or under the Companies Act, 2013.
“Password” means the string of at least 8 (eight) characters in length, with at least 1 (one) upper case, 1 (one) special character (e.g. ! @ # ? ) and 1 digit, to be set up by You at the time of registering on any Platform and as may be amended by You from time to time, which You will require to access Your eBullion Account;
“Person” shall mean any individual, sole proprietorship, unincorporated association, unincorporated organization, body corporate, corporation, company, partnership, limited fund, limited liability company, limited liability partnership, joint venture, governmental authority, trust or any other entity or organization, and a natural Person in his capacity as trustee, executor, administrator, or other legal representative.
“Precious Metals” shall mean precious metals including without limitation, Gold, Silver, Platinum and Palladium owned by Us under the brand name “eBullion” and which are made available for sale and purchase to the Customers on the Platform in accordance with these Terms.
“Promotional Balances” means the total amount of Precious Metals, the title of which is with a customer and as reflected in such Customers eBullion Account, resulting from a Customers participation in any offers or schemes floated by eBullion, at its sole discretion, including lucky draws, festive campaigns and the use of promotional codes.
“Purchase Request” shall mean the purchase request placed by a Customer on any Platform for the purchase of Precious Metals from the Platforms.
“Sale Request” shall mean the sale request placed by a Customer on any Platform for the sale of the Purchased Precious Metals from the Customer to eBullion.
“Services” shall mean any and all of the services provided to You through any Platform, including without limitation, the sale and purchase of Precious Metals on any Platform in accordance with the Terms and the access and use of any Platform.
“Vault” shall mean the storage facilities of the Vault Operators located throughout India, for the storage of Precious Metals and the Purchased Precious Metals pursuant to an agreement entered into between eBullion with a Vault Operator.
“Vault Operator” shall mean one or more service providers engaged by Us in accordance with paragraph 13 below to provide storage and other facilitates in relation to the purchase, sale, storage and/or delivery of the Precious Metals.
We reserve the right, to change, modify, add or remove any or all portions of these Terms. Such changes shall be posted on the Platform and shall be notified to the Customer prior to making such changes. It is Your responsibility to review these Terms periodically for updates/changes. You have the right to terminate Your registration as a Customer with Us, as per the previous Terms. This can be effected by placing a Sale Request to sell your Purchased Precious Metals, if any, to eBullion as per theprevious Terms and requiring a refund of Your entire Credit Amount, if any, as per the previous Terms and asking for eBullion Account to be closed. If you do not terminate as above, then Your continued use of the Platforms following the posting of the changes on the Platform, and notification of the changes to You, will mean that You accept and agree to the changes.
You understand, confirm, acknowledge and agree as under:
To avail any of the Services offered by Us on the Platform, the Customer must be registered with Us, by creating an eBullion Account as per the instructions prescribed on the Platforms.
The following Persons are eligible to be registered as a Customer on any Platform and avail Our Services,
an individual, being at least 18 years of age and competent to enter into a binding and enforceable contract in accordance with the Indian Contract Act, 1872;
a Person, other than an individual, and is competent to enter into a binding and enforceable contract in accordance with the Indian Contract Act, 1872;
Individual with Sole Proprietary (GST registration)
Company incorporated under the Companies Act, 1956 or Companies Act, 2013
Hindu Undivided Family
Limited Liability Partnership
If You are a Person not being an individual, You hereby (i) represent and warrant and undertaken to Us that (i) Your eBullion Account shall be operated by a user who is Your authorised officer or employee only, who is authorized to operate Your eBullion Account and authorized to sign GST buy back invoices and in each case, is acting pursuant to corporate authorisations submitted by You with eBullion as part of the KYC documents (referred to as the “User”), (ii) such KYC documents will include documents pertaining to such User such as photo identity proof (such as Aadhar Card), Mobile number of such User and Email address of User, and (ii) agree, confirm and acknowledge that You shall be liable for any actions taken by such authorised officers or employees operating Your eBullion Account.
As in individual Customer, You are allowed to open and operate only one eBullion Account per mobile phone registered with Us at the time of creating an eBullion Account. You have sub accounts for your family members linked to your eBullion Account.
It is Your responsibility to retain control of Your mobile number and to inform Us immediately if Your mobile phone is lost or stolen or Your mobile number has changed and further, it is Your responsibility to provide us with an alternate mobile number. You shall ensure that You have provided Us with a mobile number that is being operated from a device that is secure and in Your complete control and supervision with necessary security related precautions. We will not be liable to You for any loss or damage or costs or expenses that may be accrued, suffered or incurred by You for breach of this provision.
As part of the Information, You will be required to provide us with requisite KYC documents at the time of registration with Us (collectively, the “Identity Data”):
You agree that Your Identity Data will be a colour reproduction of the original identification document and shall be legible and in compliance with the form and manner prescribed by Us.
You represent and warrant to Us at all times that, any Information, including Identity Data provided by You to Us is true, complete, accurate, and not misleading in any respect. In the event of any change in the Information or if You believe that there is any error in the Information provided by You, in part or whole, You agree to notify Us of such change or errors immediately and provide Us with the updated Information and/or Identity Data.
You agree and consent to eBullion exercising its right to undertake a background check on You, either by itself or through a third-party service provider, prior to approving Your application to open a eBullion Account or at any other time thereafter, till You hold an eBullion Account, at its sole discretion. You further consent to eBullion contacting verification agencies to obtain information or documents about You for the purposes of confirming Your identity under applicable “know-your-customer” guidelines.
You understand and agree that eBullion has the right to refuse to accept Your registration with Us and opening of Your eBullion Account or to suspend or terminate Your eBullion Account, at any time, without further notice, if (a) You fail to provide any Information or Identity Data requested to be provided to eBullion, (b) Your Identity Data or any other Information is found or believed to be or likely to be incorrect or inaccurate or incomplete or doubtful or not authentic or not in accordance with the prescribed format, or (c) if eBullion determines that there has been a security breach of Your eBullion Account. You agree that eBullion shall not have any liability towards You as a result of such refusal or suspension or termination of Your eBullion Account.
You agree that You will not sell, transfer or assign Your eBullion Account or any rights accruing from Your eBullion Account.
You warrant and represent that in case you are an individual and not liable to obtain registration for Goods and Services Tax (“GST”), eBullion will treat You as an unregistered customer for the purposes of GST in India. You also warrant that you will inform eBullion if there are any changes to your GST status. eBullion reserves the right to terminate Customer or make necessary adjustments to the customer type in compliance with the relevant regulation prevalent at the time of registration with Us or on change in status of the individual for the purpose of GST.
You agree that if You register on any Platform and hold an eBullion Account, the total value of all Your transactions on any Platform shall at all times be limited to the maximum limit as prescribed under applicable laws from time to time. Such limit shall also depend on KYC details provided and updated by You on the Platforms, subject to periodic verification as per the guidelines issued by regulatory authorities.
You agree to indemnify and keep eBullion, its affiliates, associates, officers, directors, shareholders, employees, advisers, agents and representatives against any loss, damages, claims, proceedings, liabilities, costs and expenses accrued, incurred or suffered by eBullion as a result of Your actions, inactions or breach of Your obligations under this paragraph 3.
You confirm and agree to be solely responsible for the activities that are conducted through or on Your eBullion Account. You further agree that eBullion does not have any obligation to independently confirm, investigate or verify whether the activities being undertaken on or through Your eBullion Account are authorised by You, including in relation to the instructions received by Us through your eBullion Account.
As a measure to protect the privacy and information relating to Your eBullion Account, You will be required to create a Password for Your eBullion Account. Unless You enter the correct Password upon logging in to Your eBullion Account each time, You will not be able to access Your eBullion Account or the Services. You confirm and agree that it is Your responsibility to keep Your Password secure and confidential.
In the event You notice any unauthorised use of Your eBullion Account or breach of any security in relation to Your eBullion Account, including in relation to Your Password, please inform eBullion immediately. If You fail to inform Us immediately, We will not be liable for any loss, damages, claims, proceedings, liabilities, costs and expenses accrued, incurred or suffered by You in this regard. Additionally, You will be solely liable for any loss, damages, claims, proceedings, liabilities, costs and expenses accrued, incurred or suffered by Us, in the event of any unauthorised use of Your eBullion Account due to actions or omissions attributable to You.
You agree to that You will fully cooperate with Us in the event of any investigation undertaken by Us in relation to such unauthorised use of Your eBullion Account.
To secure Your interactions on the Platforms, every network communication with eBullion servers is secured by the transport layer security (TLS) protocol. However, please note that instructions given to Us on cellular phone, email, or other non-secure methods, including instructions sent through the eBullion mobile application, may be susceptible to interception by third parties. To this extent, we cannot guarantee that Your instructions or any other communications with Us will remain 100% confidential.
You must exercise safe security practices when accessing and conducting electronic transactions on any Platform. This includes signing out and closing any online electronic transaction services once all transactions have been completed regardless of Your method of accessing the Platforms. You must also maintain any security measures that We recommend relating to requirements for encryption technology, virus scanning, software, firewall systems, anti-spyware software, cybersecurity measures and similar safeguards to maintain security for all electronic transaction activities.
You agree that the price for any purchase or sale of Precious Metals for any transaction on the Platform through Your eBullion Account will be based on the Best Bid or Offer (“BBO”) as calculated by our pricing engine. The pricing engine, among other things, collects and distributes real-time prices of the Precious Metals. You accept that the BBO is determined at eBullion’s sole and absolute discretion taking into account all factors it solely deems relevant, including without being limited to the prevailing global and local market conditions for precious metal, the exchange rate between United States Dollar (or any other foreign currency adopted) and Indian National Rupee and the fineness of the relevant Precious Metals. You further agree and acknowledge that the price of the Precious Metals may vary through the course of a day. We do not guarantee that We will offer competitive price for Precious Metals as compared to the market price or price offered by other entities.
The eBullion digital customer access and order systems have been designed to provide a robust and secure way to execute transactions on-line on the internet. Internet dependent access and order systems may be subject to failure due to unreliability of commercial internet service providers. eBullion shall not be responsible an inability to access and execute orders and errors due to break-down or failure of transmission or communication facilities or any other cause beyond eBullion’s control. Further typographical errors may happen and there in the event that a product is listed with correct product or pricing information, eBullion reserves the right to refuse or reject or cancel any orders for the same. Furthermore, eBullion reserves the right to quote BBO or execute orders purely on a best-efforts basis in case of market volatility or unusual circumstances including without limitation availability of metal.
Please note that the fees and charges for Services is subject to revision from time to time, and it will be Your responsibility to view the Platforms to check the then current fees and charges payable.
The on-line and automated nature of the Platform does enable any negotiation of prices, fees or charges, as may be applicable. Such prices, fees or charges represent or our best offer for Precious Metal or Services at that time.
For the purposes of purchasing Precious Metals on the Platforms, You will be required to pay the Consideration, in accordance with the payment methods prescribed on the Platforms.
In addition to the payment of the Consideration, and provided You are registered directly on the Platform and are utilising the payment systems provided on Our Platform and not that of a third party website or service provider (i.e., only if You have a eBullion Funds Account with Us) You will be allowed to maintain an maximum amount in an escrow account, namely the Customer Purchase Escrow [each calendar quarter (“Credit Amount”) as decided from time to time, which You may use to purchase Precious Metals on the Platforms. The details of the Credit Amount shall be updated and reflected in Your eBullion Account. You may request Us for a refund of Your Credit Amount, in part or in whole, at any time. We will process Your request for such refund, by deducting an amount which has been earmarked as purchase Consideration or in relation to any other charges payable to us and refunding the outstanding amount to You from eBullion’s bank account to Your bank account, the details of which bank account shall be provided to Us by You, within a period of 15 (fifteen) days from the date of confirmation of Your request by Us. If at the end of each calendar quarter, the Customer Escrow Account reflects any Credit Amount lying against Your name and account details, We will automatically, without notice, refund such Credit Amount from eBullion’s bank account to Your bank account provided to Us, after deducting any amount which has been earmarked against any Purchase Request placed by You on the Platforms. You agree and consent that the Escrow Bank shall have the right to deduct the Credit Amount refunded to You by eBullion under this paragraph 6.2 and credit such amount from the Customer Escrow Account to eBullion’s bank account.
You confirm and agree that eBullion shall have the right to appoint an Escrow Bank, to administer the Customer Escrow Account, in its capacity as a custodian of the moneys transferred by You to the Customer Escrow Account, including the Credit Amount (“Deposited Amounts”).
The Escrow Bank shall act as an escrow agent in respect of the Deposited Amounts lying in the Customer Escrow Account and the Escrow Bank shall not have (nor be deemed to have) any right, title or interest in the Deposited Amounts lying in the Customer Escrow Account.
Neither eBullion nor any other Person shall have any right or interest over the Deposited Amounts, save and except in respect of amounts (a) representing Consideration in relation to the Precious Metals sold to You, or (b) equivalent to the Credit Amount refunded directly from eBullion’s bank account as per paragraph 6.2 above.
You can make a Purchase Request on the Platform either in quantity or amount at the market linked quotes provided by the Platform. We reserve the right to limit the Purchase Request to quantity or amount based on the nature of purchase made by You. By their very definitions, market linked quotes would mean that the offer prices would fluctuate during the day and therefore Your order amount and the payment thereof will vary, Notwithstanding the above such prices constitute fully binding invitation to You. Furthermore, while it is our endeavour to offer you competitive prices, we cannot guarantee to you that such prices will be match or be comparable to others in the market.
You agree and acknowledge that eBullion has the right to decline a purchase request if any KYC obligations on Your part are pending. eBullion will accept a fresh Purchase Request once such KYC obligations are completed. For the avoidance of doubt, if the offer price is revised by the time a fresh Purchase Request is made, You will need to reconfirm your Purchase Request with the revised payment obligations.
You agree and acknowledge that once a Purchase Request has been made by You and a GST (tax) invoice has been issued to You, You will not be permitted to cancel or withdraw such request or request for a refund of moneys paid by You pursuant to a request or seek an exchange. However, a Customer shall have the right to offer for sale its Purchased Precious Metals in accordance with paragraph 9 of these Terms.
Payment for the purchase of Precious Metals may be made either by: (a) automatically, deducting Your Credit Amount, if any, with an amount equivalent to the Consideration payable against Your relevant Purchase Request; or (b) if the amounts in Your Credit Account are insufficient, You will be required to pay the excess amount to Us, pursuant to Your Purchase Request.
If for any reason, We do not confirm Your Purchase Request within the prescribed time, the Consideration which has either been deducted from the Credit Amount, if any, or the moneys remitted by You for the purchase of Precious Metals shall be returned to Your bank account linked to Your eBullion Account.
All payments made by the Customers are subject to applicable taxes including but not limited to taxes that may be cumulative in nature based for example on a threshold value of transactions during a financial year with eBullion. Payments for the purchase of Precious Metals (including payment of the Credit Amount, if any) will be accepted through the various payment options made available on the Platform. Such payment methods may redirect You to the website and/or platform of a third-party payment gateway or service provider. A Purchase Request will be cancelled if the payment for a Purchase Request is unsuccessful.
You agree that We are not liable in any manner whatsoever for in respect of any loss, damages, costs or expenses that accrue or become payable by You due to due to unauthorised payment made from Your bank account to Us, any payment related issues which occur on the website of the third-party payment gateway or payment service provider, rejection of any payment made by You to the Customer Escrow Account or if You exceed any limits linked to Your bank account.
For all Your purchase requests of Precious Metals to be purchased on a Vaulted basis, eBullion would have already delivered the metal to the Customer Metal Pool along with a GST Invoice in the designated Vault. Such receipts on your behalf will be confirmed and ratified vide a Vault receipt confirming the receipt of Your metal into the Pool, no later than 3 business days from the date of issuance of GST Invoice date.
You may opt for physical delivery of Purchased Precious Metals (a) either at the time of placing a Purchase Request for immediate delivery, or (b) for a date subsequent to the date on which You place Your Purchase Request. You agree and understand that Your Purchased Precious Metals are eligible to be delivered only if such Purchased Precious Metals are in the physical form as accepted by You at the time of the Purchase Request.
If You opt for a physical delivery of the Precious Metals purchased, You agree to a pay a processing fee to Us along with applicable delivery charges. Once We receive the delivery charges, We will initiate the delivery of the Precious Metals purchased by You. We will not be liable to You for delivering Your Purchased Precious Metals, unless We receive the payment towards the applicable delivery charges and processing fee.
We will cause the delivery of the Precious Metals purchased by You as per the delivery date confirmed at the time of accepting your purchase request. We will deliver Your Purchased Precious Metals to the address provided by You to Us on the eeBullion Account. If there is any error in providing the correct delivery details to Us, You shall be solely liable for any delays or failure to deliver Your Purchased Precious Metals.
You must not accept the delivery of a package if You believe that the package has been opened or tampered with in any manner. In such a case, You must inform Us immediately and provide Us with such details as We may request in relation to the package. Once the tampered package has been returned to Us, We will verify the package. If We determine that the package or its contents have been tampered with, We will arrange for delivery of Your Purchased Precious Metals, at our cost, to Your registered address. If upon our verification We conclude that Your claim was frivolous, We may at Our discretion cancel Your Purchase Request and refund the sale consideration to Your bank account as made available to Us. We will also be within Our rights to suspend or terminate Your eBullion Account if there are repeated frivolous claims made by You.
If You accept delivery of the package, You will be required to sign a delivery receipt. Please ensure that You or an authorised person is available to receive Your Purchased Precious Metals. If Our delivery partners are unable to deliver Your Purchased Precious Metal to You, they may contact You to re-schedule the delivery. However, if for any reason the Purchased Precious Metals cannot be delivered to You after two delivery attempts, then the Purchased Precious Metals will be returned to Us. In such an event, We will cancel Your purchase transaction and the ensure that the Consideration (after deducting the actual shipping and delivery charges) paid by You in the Customer Escrow Account is returned to Your bank account as made available to Us by You.
We will not be liable for failure of delay in delivering your Purchased Precious Metals if such delay or failure in delivery is caused due to the occurrence of a Force Majeure Event. We will keep You informed of Our inability to deliver the Purchased Precious Metals to You due to a Force Majeure Event.
eBullion currently offers to purchase from You at Market Linked rates Precious Metals at the Vault only, to retain the chain of integrity. You will not be able to sell any Precious Metals beyond the balance You have in Your eBullion Metal Account. Such a Sale Request will be based on the prices indicated on the Platform. Such Sale Requests can be made in quantity or amount. However, eBullion reserves the right to limit the option to either sale by quantity or amount. Save and except where the Sale Request is pursuant to cancellation of Your eBullion Account as per paragraph 2.2, eBullion will accept such Sale Requests on a best-efforts price basis depending on market conditions at the time of such a request.
eBullion may choose, to prompt You for further authentications such as one-time passwords to ensure safety of Your Purchased Precious Metal lying in the Vault. Further eBullion may choose to reject a Sale Request on grounds such as the following:
Fraudulent or suspicious activity including misuse.
Pending Linked Account Update.
As ordered by regulatory authority, court or liquidator.
Breach of these Terms.
In the event of a Sale Request received from You, We may choose to accept or reject Your Sale Request, save and except where the Sale Request is pursuant to cancellation of Your eBullion Account as per paragraph 2.2.
If we accept a Sale Request, You cannot cancel such Sale Request, unless otherwise expressly agreed by Us. Upon confirmation of a Sale Request by Us, You may be required to provide Us with a GST compliant tax invoice in the format prescribed by Us if such Sale Request is on a Business-to-Business model, within the prescribed time period. If You fail to provide Us with the GST compliant tax invoice, the Sale Request will be cancelled and We will not be liable to You in respect of such cancellation. Further eBullion reserves the right to charge an adverse market differential between the sale request price at the time of the order and at the time of the cancellation including relevant taxes and deduct the balance appropriate metal equivalent from your metal balance. In the event that such an amount is not sufficient, then a separate debit note would be raised and your account will be suspended till such payment is cleared.
Upon confirmation of Your Sale Request, We will release the sale consideration to You to Your bank account, based on GST Invoice issued to Us. The details of Your bank account shall be [provided by You to Us through the eBullion linked Account during registration with Us. We will not be liable to You for any incorrect details of Your bank account provided by You to Us. We reserve the right to do a bank account verification prior to remitting the funds to You.
If, pursuant to a confirmation of a Sale Request by Us, We are unable to deposit the consideration for such sale to Your bank account as made available by You to Us on the eBullion Account, We will inform You regarding such failure to deposit. You will be required to provide Us with an alternative bank account for Us to deposit the consideration, within a period of 10 (ten) working days from the date of Our notice, If We do not receive any communication from You regarding an alternative bank account for the deposit of the consideration, the Sale Request will be cancelled, and You will continue as the owner of the Precious Metals proposed to be sold by You to Us. However, eBullion reserves the right to charge an adverse market differential between the sale request price at the time of the order and at the time of the cancellation including relevant taxes and deduct the balance appropriate metal equivalent from your metal balance. In the event that such an amount is not sufficient, then a separate debit note would be raised and your account will be suspended till such payment is cleared.
You understand and acknowledge that We do not offer You the right to transfer any Purchased Precious Metals on any Platform which are stored in a Vault to another Person (save and except any sale of Precious Metals to eBulllion in accordance with these Terms), whether or not such other Person is a Customer registered on the Platform with an eBullion Account.
You are the owner of the Purchased Precious Metals. While the details of the quality and quantity of Precious Metals purchased by You will be updated on the Platform, against Your eBullion Metal Account, You and other Customers will have an undivided interest in the physical pool of Precious Metals stored in the Vault (identified by a masked customer code such as a customer ID or a customer chosen code name). Your undivided interest in such common physical pool of Precious Metals, will be equivalent to the quality and quantity of Your Purchased Precious Metals as per the records available on the Platform. The pooled allocated Precious Metal will not be used by Us or physically removed by Us in any manner (including any fraction of Precious Metal not sold from eBullion to the Customer) and will be in complete custody of the Vault Operator for safety and storage purposes.
The Precious Metals that You own, cannot be sold or released by Us, without receiving Your instructions on the Platform. The Vault Operator, subject to its necessary due diligence, will allow eBullion to inter-change the Precious Metals forming part of Customer’s allocated pool, with the exact quantity of Precious Metals, as long as the replaced Precious Metals, conforms to purity warranted by eBullion under these Terms.
If You believe that there is an error in recording the details of your ownership in the eBullion Metal Account, you agree to notify Us no later than 15 days of such errors. We will verify Your concerns independently and will correct Your ownership records. If we do not agree to Your assessment of the errors, We will inform You of the same on Your eBullion Account.
We maintain a detailed record of the ownership of Precious Metals purchased and sold by each Customer on the Platform.
Silver, Platinum, Gold and Palladium is sourced from refiners on the London Good Delivery List.
Every gram of Silver in Your eBullion Metal Account is a gram of an assayed Silver metal from a London Good Delivery refiner which is a minimum 999 parts per 1000 silver or 99.90 percent purity
Every gram of Platinum in Your eBullion Metal Account is a gram of an assayed Platinum metal from a London Good Delivery refiner which is a minimum 999.5 parts per 1000 Platinum or 99.95 percent purity
Every gram of Palladium in Your eBullion Metal Account is gram of an assayed Palladium metal from a London Good Delivery refiner which is a minimum 999.5 parts per 1000 Palladium or 99.95 percent purity
Every gram of Gold in Your eBullion Metal Account is a gram of the 100 percent pure Gold content (fine gold) of a 995 parts per 1000 (99.50 percent or greater) of assayed Gold. For example, if You hold 1000 grams of Gold in the customer pool, the same would be held in a bar of 99.5 % purity with a physical weight of 1005.0 grams or (1000/0.995). This is because gold in accordance with international market practices is sold and accounted on a 100 percent fine gold basis.
Any breach of the above warranties shall be remedied by eBullion arranging for a replacement through the international bullion markets procedures or failing that by arranging for any short-fall from its own funds.
The accounting unit of Your Purchased Precious Metal stored in the Vaults, as per the metal by weight specifications given above, will be denominated in grams up to 4 decimal points.
Subject to the above, eBullion reserves the right to vault Your Purchased Precious Metal in any form or denomination which meets the above specifications.
We enter into service agreements with one or more Vault Operators from time to time, in relation to the storage of the Precious Metals which may be purchased by You. You accept and acknowledge such engagement of the Vault Operators by eBullion, from time to time.
You agree and confirm that when You purchase the Precious Metals on the Platforms, such Purchased Precious Metals will be delivered by Us to the Vault. Upon delivery of such Purchased Precious Metals, the Vault Operator will act as a bailee for the storge of the Purchased Precious Metals till such Purchased Precious Metals are delivered to You or sold by You to Us, as instructed by You to Us in this regard through Your eBullion Account.
The Vault Operators will release Your Purchased Precious Metals to You for delivery, in accordance with the instructions that You provide to Us through the eBullion Account. Based on the instructions that You provide through the eBullion Account for the sale of the Precious Metals owned by You to Us, the Vault Operators will release such Precious Metals to Us and record the change in ownership from You to Us.
The pooled allocated Precious Metal will not be used by Us or physically removed by Us in any manner (including any fraction of Precious Metal not sold from eBullion to the Customer) and will be in complete custody of the Vault Operator for safety and storage purposes.
Pursuant to Our agreement with a Vault Operator, the Vault Operator will insure Your Precious Metals stored at each of the Vaults for physical loss or damage subject to standard exclusions such war, revolution, derelict weapons of war or nuclear radiation. The insurance policies obtained by the Vault Operators are in accordance with the global practices. For administrative ease, the beneficiary of record for the insurance policy is the Vault operator and eBullion.
You agree that if there is any loss, damage or destruction to Your Purchased Precious Metals which are stored at a Vault, then, notwithstanding eBullion’s right to claim insurance, You hereby authorise eBullion to initiate proceedings on Your behalf against the Vault Operator. If You choose to independently initiate legal proceedings against the Vault Operator, then We will have no further responsibility or liability to You in relation to any loss, damage or destruction to Your Purchased Precious Metals.
You confirm and agree that Our liability to You in relation to recovery of the loss or damage or destruction caused to Your Purchased Precious Metals is limited to Us providing You with the same quantity and quality of Precious Metals as purchased by You on the Platform, irrespective of the loss or damages recovered by Us from the Vault Operator or under an insurance claim.
Any and all communications between You and eBullion may be conducted by email or by telephone, or on the Platform or by other electronic means that We offer from time to time, as per the contact details available on the Platform.
All communications in electronic format will be considered to be in ‘writing’, and to have been received no later than Two (2) business days after posting or dissemination, whether or not You have received or retrieved the communication. You further agree that all telephone calls and electronic communications between You and Us or between You and any of Our third-party service providers may be recorded and stored by Us as a record of Your instructions to Us.
You are responsible for the accuracy of the instructions provided by You to Us for all the transactions conducted on or through your eBullion Account and/or the Platform. Once We receive instructions from You, including through the eBullion Account, such instructions shall be final and irrevocable.
You agree to promptly review the transaction history and any account statements pertaining to your eBullion Account that You receive to ensure that Your instructions have been carried out and that there have been no unauthorized dealings in Your eBullion Account. You must inform us of any errors or omissions within seven (7) calendar days of the disputed transaction(s). If We are not informed of such errors or omissions within the prescribed seven (7) day period, We will not be liable for any loss, damages, claims, proceedings, liabilities, costs and expenses accrued, incurred or suffered by You in this regard.
You shall not use the Platform or the Services for any illegal, unlawful or prohibited purposes (“Prohibited Uses”). In particular, the Platforms or Services shall not be used for any illegal transactions or for the transmission of any offensive content.
Further, by using the Platform and Services, You agree to:
Not use the Platform and/or Services for any purpose other than those uses specifically authorised or permitted by Us.
Not, except as expressly permitted by eBullion in writing, copy, reproduce, recompile, attempt to discover the source code of the Platforms or any part thereof, decompile, attempt to hack, disassemble, reverse engineer, distribute, publish, display, perform, modify, download, create derivative works from, transmit, transfer, sell, license, frame, link, or in any way exploit any part of the Service or Platforms, except that You may download such material and/or content as part of the Services as permitted by the Platforms.
Not upload any virus or trojans or such other malware to the Platforms, nor must you attack the Site via a denial-of-service attack or a distributed denial-of service attack.
Not recirculate, redistribute, share or publish any content or data or information included in the Services, without eBullion’s prior written consent. Nothing contained in the Terms or on the Platforms should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of the Services in any manner without the prior written consent of eBullion or such third party that may own the Services or intellectual property displayed on the Platforms. Any use of the Services other than as permitted by the Terms will violate the Terms and may infringe upon Our rights or the rights of the third party that owns the affected Services. You agree to immediately report any violation of the Terms by others that You become aware of at the details provided in these Terms.
Not interfere with, nor attempt to interfere with, nor otherwise disrupt the proper working of the Services and/or the Platforms, any activities conducted on or through the Services or any servers or networks connected to the Services. You may neither obtain nor attempt to obtain through any means any materials or information on the Services that have not been intentionally made publicly available either by public display on the Services or through accessibility by a visible link on the Services. You shall not violate the security of the Platforms or Services or attempt to gain unauthorized access to the Service, data, materials, software, information, computer systems or networks connected to any server associated with the platforms or Services, through hacking, password timing or any other means.
Neither take nor attempt or cause any action that, in the sole discretion of eBullion, impose or may impose an unreasonable or disproportionately large load or burden on the Platform or Services or the infrastructure of the Platforms or Services offered.
Not use or attempt to use any “robot,” “bot,” “spider,” “data mining,” “computer code,” or any other automate device, program, tool, algorithm, process or methodology to access, acquire, copy, or monitor any portion of the Platforms or Services, any data or content found on or accessed through the Service, or any other Service information without the prior express written consent of eBullion. You shall not forge headers or otherwise manipulate identifiers in order to disguise the origin of any other content.
Not promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty.
Not impersonate any person or entity, falsely claim or otherwise misrepresent an affiliation with any person or entity, or access the accounts of other person without their permission, or perform any other similar fraudulent activity.
Not infringe our or any third party’ intellectual property rights, rights of publicity or privacy;
Not post or transmit any message which is libelous, defamatory or which discloses private or personal matters concerning any person.
Not post or transmit any message, data, image or program which is pornographic or illegal in nature.
Collect or store personal data about other Customers.
Not remove, circumvent, disable, damage or otherwise interfere with security-related features of the Services and Platforms or features that enforce limitations on the use of the Platforms or Services.
Not use the Platforms and/or Services in any manner that could damage, disable, overburden, or impair it, including, without limitation, using the Services in an automated manner.
Not breach these Terms.
Not do any act or use the Platforms in such a manner that might compromise the security of the Platforms or cause any damage to the Platforms or the Services.
Not provide false, inaccurate or misleading information.
Not violate any applicable local, state, national or international law, including, but not limited to applicable regulations, rules, notifications, or other securities exchange, and any regulations having the force of law.
Use the Services in a manner that results in or may result in complaints, disputes, reversals, chargebacks, fees, fines, penalties and other liability to Us, a third party or You.
You agree and confirm that the above Prohibited Uses are not exhaustive and have been provided for illustrative purposes only. In the event You use the Platforms and/or the Services for any Prohibited Uses, We reserve the right to immediately, and without notice, suspend or delete Your eBullion Account with Us, prohibit You from accessing Platforms and Services in the future and/or report You to the concerned authorities.
All rights, title, and interest in and to (a) Services (including without limitation, software, algorithm, content, images, and/or any other data relating to the Platform and/or Services); and/or (b) all of eBullion’s patents, inventions, copyrights, trademarks, domain names, trade secrets, know-how and any other intellectual property and/or proprietary rights in or related to the Platforms or the Service(s) or any derivatives thereto, and/or any part of the of the Platform and Services (collectively, “Intellectual Property Rights”) shall belong to and remain exclusively with eBullion or other third parties who are protected from any unauthorized use, copying and dissemination by copyrights, trademarks, service marks, international treaties, and/or other proprietary rights. eBullion is the owner or the licensee of all Intellectual Property Rights on the Platform and the Services, including without limitation, in relation to Publications and any content or material published or made available on the Platforms.
Our Intellectual Property Rights are protected by the laws of India. The content and other elements constituting the Services are copyrighted works. You agree to abide by all applicable copyright and other laws, and other additional copyright notices or restrictions contained in the Services, at all times. You agree and acknowledge that substantial time, effort, money, resources and energy has been spent by eBullion and its consultants in developing and making the Services available to You. You agree to protect the Intellectual Property Rights of eBullion and of other third parties in relation to the Services, during and after the term of Your membership with Us. You also agree to co-operate and comply with all reasonable written requests made by eBullion and its third-party service providers and licensors to protect their and others’ contractual, statutory, and common law rights in the intellectual property rights owned by eBullion and its third party service providers.
If You become aware of any unauthorized access or use of the Platforms or Services by any person or entity or of any claim that the Platforms or Services infringes upon any copyright, trademark, or other contractual, statutory, or common law rights, You will inform Us immediately. All present and future rights in and title to the Platforms and Services (including the right to exploit the Services, or any part thereof) are reserved to eBullion for its exclusive use. The use and/or reproduction of Our intellectual property rights without Our prior written permission is prohibited. Any and all goodwill generated from the use of Our intellectual property rights will inure to Our sole benefit.
If You believe, in good faith, that any content or part thereof infringes Your
intellectual property right, please notify eBullion in writing to the address set
Attn: Gautam Choksi
Address: 122 C-122, TTC Industrial Area, Pawane, Navi Mumbai 400703, Maharashtra
You agree to maintain strict confidentiality of any and all information, data, content, features, and Services made available to You by Us on the Platform, as it constitutes a part of Our confidential and proprietary information. You agree to not disclose Our confidential and proprietary information for any reason whatever, without Our prior written consent.
You agree that Your use of the Platforms and Services is at Your sole risk and You acknowledge that the Platforms and Services and anything contained thereunder, including, but not limited to, content, tools, information on the Precious Metals, data any information, algorithm, solutions and/or software (collectively “Content”) are provided on an “as is” and “as available” basis, and eBullion makes no representations and warranties of any kind whatsoever in this regard.
eBullion makes no representations and warranties of any kind whatsoever, express or implied, relating to the access, use or operations of the Platforms and the Services or the accuracy, availability, reliability and completeness of Content.
eBullion does not warrant that the availability of or the functions on the Platforms and/or the Services will be uninterrupted or error-free or virus-free, that defects will be corrected, or that the Platforms and/or Services and/or the servers that makes it available are free of viruses or other harmful components. You shall be solely liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect Your devices, computer programs, data or other proprietary material due to Your access or use of the Platform and/or the Services.
The Platform may provide links to other third-party websites (“Other Websites”) which may be linked to the Services or the Platforms. The content, products, information, advertisements and services provided on the Other Websites are not maintained or controlled by eBullion, in any manner whatsoever. eBullion does not: (a) make any warranty, express or implied, with respect to the use of the links of Other Websites provided on, or to the Platforms and/or the Services; (b) guarantee the accuracy, completeness, reliability, usefulness or adequacy of any of the Other Websites, services, goods, information or advertisements that may be linked to the Other Websites; or (c) make any endorsement, express or implied, of any Other Websites. eBullion is not responsible for the reliability or continued availability of the wireless services, communications media, and equipment, device or system You use to access the Platforms and/or Services.
eBullion shall not be liable to You in any manner whatsoever, for any losses, damages, costs, expenses, proceedings and claims resulting from:
any of Your instructions not being sufficiently clear or any failure by You to provide correct or requested information.
from the access and use of the Platforms and/or Services by You or any third person using Your devices and/or Your eBullion Account;
financial transactions initiated by You or on Your behalf; and
any fraud, default or negligence by You and/or persons accessing and using Your eBullion Account.
Under no circumstances, including but not limited to negligence, shall eBullion and/or its employees, officers, directors, affiliates, shareholders, third party service providers, agents and representatives be liable to You or any third person for loss or damages of any kind, whether based in tort, contract, strict liability or otherwise, including, without limitation, loss of profits (anticipated or otherwise), loss of data, loss of capital, loss of reputation, loss of information, loss of revenue, loss of opportunity, any direct, indirect, incidental, consequential, special, punitive, intangible or exemplary damages even if eBullion has been advised specifically of the possibility of such damages.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE TERMS, TO THE FULL EXTENT PERMITTED BY LAW, eBULLION DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE PLATFORM (OR ANY PART THEREOF) AND ITS CONTENTS AND SERVICES WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE OR USE.
We do not offer any investment advice or guarantee any returns on Your Purchased Precious Metals.
In the case of market distortion, volatile markets, systems (including third party systems upon which eBullion is reliant) being hacked, You confirm and agree that eBullion reserves the right to adjust a Purchase Request placed by You, if the Precious Metals and currency quotes received from eBullion’s data source, when a Purchase Request was placed, is found to be incorrect. eBullion will contact You if a Purchase Request needs to be adjusted due to incorrect market data, and You may cancel the relevant Purchase Request, if You do not want to purchase or sell on the corrected market rate.
You agree and confirm that We are not responsible for verifying any communications made to Us from Your mobile number or email address registered with Us on the Platforms.
You agree and confirm that information transmitted over the internet may not be completely secure and the internet and related online systems may not function at all times. We are not responsible for any loss or damages You may incur if a third party obtains access to Your confidential information transmitted over the internet or if You are temporarily unable to determine Your Credit Amount balance on the Platform, if any.
Our total liability to You in respect of any losses or damages or claims or expenses or cost or proceedings arising under or in connection with the Terms, whether in contract or tort (including negligence) or otherwise, shall in no circumstances exceed the value of the aggregate value of transaction in respect of which such losses or damages or claims or expenses have been suffered or incurred by You.
You agree that We shall not be liable to You for any fraudulent transactions undertaken through Your eBullion Account which is due to Your direct or indirect action or inaction, wilful default or gross negligence.
You agree and confirm that eBullion shall not be in breach of these Terms or otherwise liable to You for any reason whatsoever, if and to the extent that any delay or non-performance by eBullion is attributable to:
occurrence of a Force Majeure Event; or
neglect, wilful default or wilful misconduct on Your part including any failure to keep Your Password secure and any failure to comply with the Terms or associated policies.
In case of Force Majeure, we will use our reasonable endeavours to mitigate the effect of the Force Majeure and to carry out our obligations under the Terms in any other way that is reasonably practicable. We will, as soon as reasonably practicable, notify You on Your Email ID of the nature and extent of the circumstances giving rise to a Force Majeure Event.
In the event We believe that a transaction conducted through Your eBullion Account is fraudulent or suspicious, or if We believe that You have used any payment instrument or payment solution in a fraudulent manner to undertake any transaction on the Platforms, We shall have a right to:
(a) pending verification, suspend or block Your eBullion Account or suspend
Your access to the Platforms;
request Information and Identity Documents from You;
report the fraudulent transaction to the concerned authorities; or
take such actions to protect Our and Your interest, including providing Your Information and details of the transactions on Your eBullion Account to the concerned authorities, to the extent required.
We will use reasonable efforts to assist You in recovering the funds and the Purchased Precious Metals that You may have lost as a result of a fraudulent transaction conducted through Your eBullion Account. You agree that We will not be under any obligation to reverse the transactions undertaken through Your eBullion Account by a fraudulent user, if such fraudulent Person has sold Your Purchased Precious Metals to Us and received the consideration amount from Us or such fraudulent Person has taken delivery of Your Purchased Precious Metals.
You agree to defend, indemnify and keep indemnified and hold harmless, hold eBullion, its employees, officers, directors, affiliates, shareholders, third party service providers, agents and representatives harmless from and against any and all actions (including third party actions and claims), demands, costs, claims, losses, liabilities, damages, fines, penalties, charges and expenses, including legal fees, arising out or related to or connected with (a) breach of the Terms by You or someone using Your devices and/or Your eBullion Account to access and use the Platforms and Services; and/or (b) any fraud or dishonestly by You in relation to any transactions on any Platform.
We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, without relieving You of Your indemnity obligations under the Terms. You agree to fully cooperate with Us in relation to such defense proceedings.
Suspension / cancellation for cause: eBullion reserves its right to immediately suspend or cancel Your access to any or all of the eBullion Services, or the Platforms and/or deactivate or cancel Your eBullion Account, if:
eBullion is required to do so pursuant to a court order, or order from a regulatory authority, or otherwise required by law,
We suspect that Your eBullion Account is being misused or if We suspect that Your eBullion Account being used in furtherance of an illegal activity (with or without actual knowledge of the same),
You are in breach of these Terms (and have failed to remedy a breach of the Terms as requested by Us),
Your eBullion Account remains dormant for a period of 365 days from the date of creation of the relevant eBullion Account, after informing You of such closure on Your Email ID
pursuant to other provisions of these Terms, including, without limitation, paragraph 3.10 and 8.5 of these Terms.
Cancellation by a Customer: You may cancel or terminate Your registration as a Customer with Us. This can be effected by placing a Sale Request to sell your Purchased Precious Metals, if any, to eBullion as per the previous Terms and requiring a refund of Your entire Credit Amount, if any, as per the previous Terms and asking for eBullion Account to be closed.
In the event of closure of Your eBullion Account as per these Terms:
You will not be charged for cancelling Your eBullion Account. You will only be required to pay for those Services opted by You that are subject to charges, as on the date of cancellation of Your eBullion Account. You agree that Your cancellation will be without prejudice to any pending investigation against You or Your eBullion Account or pending charges otherwise due to eBullion pursuant to Services opted by You.
We will remit Your Credit Amount, if any, to Your bank account based on the bank account details as provided to Us by You, after deducting applicable outstanding charges within a period of 30 days from the date of notice to You in this regard.
You further agree that We shall not be liable for any reason whatsoever in relation to the suspension or cancellation of Your rights to access the Platforms, the Services and Your eBullion Account.
Any clauses of these Terms which expressly or by implication have effect after termination shall continue in full force and effect.
In the event of suspension of Your eBullion Account for any reason whatsoever,
You will not be permitted to undertake any transactions relating to the sale or purchase of Precious Metals on the Platforms, or request for withdrawal of Your Credit Amount, if any.
You accept that eBullion is not under any obligation to disclose the details of the reason for such suspension.
You will be required to pay for those Services opted by You that are subject to charges, as on the date of suspension of Your eBullion Account.
If any transactions undertaken by You on the Platforms reflect as ‘pending’ in Your eBullion Account at the time Your eBullion Account is suspended, such transactions may be cancelled at Our sole discretion and a refund will be initiated to Your bank account based on the bank account details as provided to Us by You.
Upon the occurrence of an Insolvency Event of eBullion, Your Credit Amount, if any, and Purchased Precious Metals You shall be protected. In this regard, You understand and acknowledge that:
If any court of tribunal passes an order for the commencement of a corporate insolvency resolution process of the Company.
If any, from the Customer Escrow Account to Your bank account. Such Consideration and Credit Amount, if any, shall be returned to You, subject to deduction of any outstanding charges payable by You to eBullion.
You will have the right to request the delivery of Your Purchased Precious Metals, subject to payment of applicable delivery charges by You to Us in accordance with the instructions provided to You by Us.
If any court of tribunal passes an order for the commencement liquidation proceedings or winding up proceedings of the Company:
the Credit Amount, if any, and Consideration shall be returned to Your bank account, based on the details provided by You to Us or to the liquidator appointed pursuant to the liquidation or winding up order of the Company, subject to deduction of any charges payable by You to the Company; and
Your Purchased Precious Metals shall be delivered to You at the address provided by You to Us, or to the liquidator appointed pursuant to the liquidation or winding up order of the Company.
You agree to fully co-operate with the Company or with any resolution professional or liquidator appointed pursuant to the occurrence of an Insolvency Event of the Company.
Upon your death or otherwise if You become incapacitated in any manner whatsoever, and evidence of such event is produced to Us by Your legal heir or representative(s) which we deem to be sufficient in Our absolute discretion, You agree and confirm that, We will have the right to:
sell the Precious Metals owned by You and as reflected in Your eBullion Account at the prevailing market price and release the sale proceeds (after deducting all applicable fees and charges, including outstanding charges if any, payable in relation to the Services) to Your legal heir or representative, in the bank account details as provided by them to Us, subject to such verification conducted by Us as deemed necessary by us;
release the Credit Amount, if any, lying in the Customer Escrow Account, to Your legal heir or representative, subject to such verification conducted by Us as deemed necessary by us. Such Credit Amount, if any, shall be transferred by Us to the bank account, the details of which shall be provided to Us by Your legal heir or representatives; and
cancel and close Your eBullion Account.
You agree that nothing in these Terms shall release the estate of a deceased Customer from any liability in respect of such deceased Customer’s eBullion Account.
You are responsible for paying all local taxes and tariffs that are or may be applicable to purchases, sale, storage or delivery of the Purchased Precious Metal, and any associated charge. This includes but not limited to any tax collected at source. eBullion with comply with all it’s reporting obligations to You and ensure that that You get the requisite documents to claim any tax credit subject to rules for such credit/ offsets under the relevant laws. You indemnify eBullion for any error or inaccuracy of such reporting due to Your inaccurate submission of relevant data such as providing the wrong email address for such correspondences
eBullion shall be responsible to issue a GST compliant tax invoice based on the information provided by You. It is Your responsibility to ensure that the GST related details such as the GSTIN, address, etc. are correctly provided. While We will be responsible for undertaking the requisite compliance as per the GST Law for Precious Metals sold to You, We will not be responsible for any loss of input tax credit caused to You on account of any incorrect information made available to Us at the time of registration and invoicing. We will determine the place of supply and the applicable GST in line with the provisions of the GST Law and availability of input tax credit to You will depend on the status of Your GST registration at the Vault or any other place and the mode of purchase of Precious Metals i.e., by delivery or storage at the Vault.
In case a Customer wishes to sell the Precious Metals back to eBullion, such Customer (being a registered Customer as per the CGST Act) shall be responsible to issue a tax invoice and collect the applicable GST on sale of Precious Metal. Further, any loss of input tax credit caused to eBullion on account of non-compliance or incorrect information provided by the Customer shall be borne by the Customer i.e., the Customer agrees to indemnify eBullion of any such loss of input tax credit.
If the unregistered Customer (being an individual) wishes to sell the Precious Metal back to eBullion, eBullion shall provide a format on the portal for the Customer to fill in the details. In case any tax becomes payable on such transactions, We reserve the right to deduct/ withhold the same from the payment due to You.
No joint venture, partnership, employment, or agency relationship exists between You and eBullion as a result of the Terms or Your access and/or use of the Platforms or Services. If any provision of this Terms is held unenforceable by a court or tribunal of competent jurisdiction, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the remainder of these Terms shall continue in full force and effect.
These Terms shall be governed and construed in accordance with the laws of India. All matters arising out of or in connection with these Terms shall be referred to the exclusive jurisdiction of the Courts at Mumbai.
November 1, 2021