1. Introduction
1.1.
This document constitutes an electronic record in terms of the Information Technology Act, 2000 with respect to the agreement and understanding between BlueStone (defined below) and any person accessing or using this Platform (defined below) ("Customer", "User", "you" or "your") regarding the terms of access and use of this Platform (defined below) and the Services (defined below). This electronic record is created through a computer system and does not require any other physical or electronic signature.
1.2.
This document is published in accordance with Rule 3(1) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, requiring publication of the rules and regulations, privacy policy and terms of use for access or usage of this Platform (defined below).
1.3.
BlueStone Jewellery and Lifestyle Limited is a company incorporated under the Companies Act, 1956, having corporate identification number (CIN) L72900KA2011PLC059678 and permanent account number (PAN) AADCN6881C and currently having its registered office at Site No. 89/2, Lava Kusha Arcade, Munnekolal Village, Outer Ring Road, Marathahalli, Bengaluru, Karnataka - 560037 (hereinafter referred to as the "BlueStone", "we", "us", or "our", which terms shall, unless repugnant to the context and meaning thereof, be deemed to mean and include its successors and permitted assigns).
1.4.
As stated above, the terms and conditions herein (the "Terms") govern your access to and use of the DigiMint application (or any other name we may designate) (the "Platform"), and the Services (defined below) made available or offered on the Platform.
1.5.
By accessing, browsing, or using the Platform, you are deemed to have read, understood, and agreed to be bound by these Terms, together with the Privacy Policy and any other policies referred to herein or otherwise published on the Platform from time to time. If you do not agree with any of the Terms or Other Policies, you may cease your usage of and access to the Platform and Services with immediate effect.
2. Definitions
In these Terms, the following terms and their cognate words and expressions shall, unless the context requires otherwise, bear the meaning assigned below. Words and expressions defined elsewhere in these Terms and shown in bold within quotation marks shall, unless the context requires otherwise, have the meanings assigned to them throughout these Terms.
2.1.
"Applicable Law" means and includes all laws, statutes, regulations, ordinances, acts of legislature or parliament, rules, orders, decrees, bye-laws, notifications, guidelines, policies, directions, directives and judgements passed by, promulgated or imposed by any governmental authority, or any similar form of decision, determination, interpretation or administration having the force of law, of any governmental, judicial or law enforcement authority having jurisdiction over the matter in question, in each case, whether in force as of the date of publication of these Terms or thereafter.
2.2.
"Wallet" means the digital cash balance available in a Wallet Account maintained on the DigiMint Platform.
2.3.
"Wallet Account" means a non-interest-bearing electronic wallet account established and maintained by us in respect of Wallet by way of a 'closed system' 'prepaid instrument' in accordance with the regulations of the Reserve Bank of India, subject to the Wallet T&Cs.
2.4.
"Wallet T&Cs" means the terms and conditions governing the Wallet and Wallet Account, as prescribed by the Platform from time to time. These include, without limitation, the conditions that the Wallet balance: (a) is usable to purchase products and services through the Platform, the BlueStone Website, BlueStone's mobile application (BlueStone Jewellery Online), BlueStone's stores, or otherwise; (b) subject to sub-clauses (a) and (c) herein, is refundable, redeemable, usable, or transferable as per the instructions of the Wallet Account holder; and (c) is valid for only 365 days from the date of its creation (i.e., the date of credit into the Wallet Account), after which the relevant amount will expire.
2.5.
"BlueStone", "we", "us", or "our" shall have the meaning ascribed to it in clause 1.3.
2.6.
"BlueStone Material" shall have the meaning ascribed to it in clause 15.1.
2.7.
"BlueStone Website" shall mean the principal website of BlueStone from time to time, which is presently hosted at the following domain name: www.bluestone.com.
2.8.
"Business Day" means a day on which banks are open for business in Mumbai and Bengaluru, not including Saturdays, Sundays and any public holidays.
2.9.
"Customer", "User", "you" or "your" shall have the meaning ascribed to it in clause 1.1.
2.10.
"Delivery Request" shall have the meaning ascribed to it in clause 5.1 below.
2.11.
"Digital Gold" means a digital representation of the Gold owned/ purchased by you and reflecting in your Digital Gold Account.
2.12.
"Digital Gold Account" means the digital gold account created on the Platform for you where your Gold holdings (in digital form) are recorded, reflected and maintained in grams of Gold (up to six decimal places).
2.13.
"Eligible Persons" shall have the meaning ascribed to it in clause 3.1 below.
2.14.
"Eligible Quantities" shall have the meaning ascribed to it in clause 5.1 below.
2.15.
"Exchange Option" shall have the meaning ascribed to it in clause 7.1 below.
2.16.
"Exchange Request" shall have the meaning ascribed to it in clause 7.1 below.
2.17.
"Force Majeure Event" means an event beyond the reasonable control of BlueStone and/or Intermediaries, including, without limitation, acts of God, earthquakes, cyclones, typhoons, tsunamis, landslides, any other natural disasters, floods, fire, epidemics, pandemics, war, terrorist attacks, civil unrest, strikes, lockouts, protests, agitations, government actions, changes in law, system failures, cyber incidents and similar events.
2.18.
"Gold" shall mean 24 karat gold of 99.9% purity.
2.19.
"GST" means the goods and services tax (or any other analogous tax) chargeable under the GST Laws.
2.20.
"GST Laws" means the Central Goods and Services Tax Act, 2017, State Goods and Services Tax Act, 2017, Union Territory Goods and Services Tax Act, 2017, Integrated Goods and Services Tax Act, 2017, and/or any other Applicable Law dealing with GST.
2.21.
"Intermediaries" refers to one or more third party service providers with whom BlueStone has any arrangement in relation to the Services (including the delivery thereof), and shall include but not be limited to logistics / delivery service providers and payment gateways / aggregators.
2.22.
"KYC" shall have the meaning ascribed to it in clause 3.3 below.
2.23.
"Other Policies" shall have the meaning ascribed to it in clause 1.5.
2.24.
"Physical Gold for Delivery" shall have the meaning ascribed to it in clause 5.1 below.
2.25.
"Platform" shall have the meaning ascribed to it in clause 1.4.
2.26.
"Purchase Order" shall have the meaning ascribed to it in clause 4.1 below.
2.27.
"Purchase Price" shall have the meaning ascribed to it in clause 4.1 below.
2.28.
"Registration Process" shall have the meaning ascribed to it in clause 3.3 below.
2.29.
"Sale Exit Option" shall have the meaning ascribed to it in clause 6.1 below.
2.30.
"Sale Request" shall have the meaning ascribed to it in clause 6.1 below.
2.31.
"Selling Price" shall have the meaning ascribed to it in clause 6.1 below.
2.32.
"Services" means the products and/or services relating to maintaining and providing access to the Platform, including its various features and facilities, including the purchase, sale-back, redemption, exchange and transfer by the Customer of Digital Gold, delivery of Digital Gold as instructed by the Customer, maintenance of Digital Gold Account, and any other products or services provided by BlueStone through the Platform, from time to time.
2.33.
"TDS" or "Tax Deducted at Source" means any tax to be deducted at source in accordance with Applicable Law.
2.34.
"Termination" or "Termination Event" shall have the meaning ascribed to it in clause 18.1.
2.35.
"Terms" shall have the meaning ascribed to it in clause 1.4.
3. Eligibility, Account Creation and KYC
3.1.
The Platform and Services are available only to natural persons who: (i) can enter into a legally binding contract under the Indian Contract Act, 1872 (and are not minors, insolvent or persons of unsound mind); (ii) are residents of India; and (iii) hold a valid bank account, debit or credit card, or a UPI ID in India, which is registered in their own name ("Eligible Persons"). We may impose or relay additional eligibility criteria, including with respect to geographic restrictions, from time to time.
3.2.
You expressly represent and warrant that you are an Eligible Person and you meet each of the eligibility criteria specified in clause 3.1 above.
3.3.
For using or availing any of the Services, you must register yourself on the Platform by completing the registration process and the Know Your Customer ("KYC") / identity verification process (including uploading of specified documents) as prescribed on the Platform ("Registration Process"). Upon successful completion of the Registration Process, your Digital Gold Account and your Blue Cash Account will be created and will be accessible to you. If you already have a Blue Cash Account, such Blue Cash Account will be linked to your Digital Gold Account. You authorise us to make enquiries, from time to time, to verify your identity, and you agree to promptly update any change in your KYC / identity verification information, as and when there is any change or as required by us. We reserve the right to re-validate or update the Registration Process, from time to time, and you will be required to fulfill the same, failing which we will be entitled to suspend, block or terminate your access, use or access of the Platform and/or Services and/or you will not be entitled to access, use or avail the Platform and/or Services. We reserve the right to suspend, block or terminate your use or access of the Platform and/or Services if your KYC information/ verification is incomplete, incorrect, outdated or otherwise unsatisfactory.
3.4.
You agree that we are entitled to collect, store, use, process and (as set out in these Terms and/or the Other Policies) share with any third-party(ies), your information, including (without limitation) the KYC details, in relation to your use or access of the Platform and/or the Services. Any revocation of your consent in this respect, will entitle us to suspend, block or terminate your use or access of the Platform and/or Services and/or you will not be entitled to use or avail the Platform and/or Services.
3.5.
You are responsible for maintaining the confidentiality of your login credentials, one-time passwords (OTPs) and device security, and for all your usage and activities of the Platform (including your Digital Gold Account and Blue Cash Account). You agree to promptly notify us of any unauthorised access, suspected fraudulent use or compromise of your Digital Gold Account and/or Blue Cash Account.
3.6.
You confirm that you are not registered and are not required to obtain registration under any of the GST Laws. You agree to promptly notify us on the contact info mentioned on the platform, if you obtain registration or are required to obtain registration under any of the GST Laws. Upon receipt of such information, BlueStone may, in its sole discretion, require you to submit additional information, impose any restriction or take any action in relation to the Platform and/or Services (including suspending, blocking or terminating your use or access of the Platform and/or Services) as it may deem fit.
4. Purchase of Digital Gold
4.1.
You may make an offer to buy Gold ("Purchase Order") at the live purchase price of Gold displayed on the Platform ("Purchase Price").
4.2.
Purchase Price displayed on the Platform is linked to live market prices and may fluctuate multiple times during the day (including within a second). You acknowledge that the Purchase Price displayed on the Platform at the time of you initiating a Purchase Order may be different from the Purchase Price displayed at the time of execution of the Purchase Order due to market movement, latency or otherwise. All Purchase Orders shall be subject to GST as per applicable GST Laws, and such GST will be borne by you.
4.3.
We may prescribe minimum/maximum transaction limits, daily/periodic thresholds, rate locks, or cooling periods (e.g., a minimum holding period before sale-back) as notified on the Platform and revised from time to time.
4.4.
All payments shall be made only through the payment methods enabled on the Platform. Please note that all payments made for the Purchase Order(s) will be routed through your Wallet Account.
4.5.
BlueStone reserves the right to accept or reject any Purchase Order(s), at its sole discretion for any reason, including (without limitation) for suspected fraud, KYC issues, market volatility, pricing or typographical errors and system downtime. An order may auto-cancel if payment fails or times out. If your Purchase Order is rejected after completion of payment and such payment is received by Wallet, the relevant paid amount will be credited to your Wallet Account which is refundable upon the Customer's instructions, subject to the Wallet Amount T&Cs.
4.6.
Upon receipt of cleared funds in respect of your Purchase Order, BlueStone will issue an invoice confirming your Purchase Order and your Digital Gold Account will be appropriately credited with the relevant quantity of Digital Gold.
4.7.
Once placed and confirmed, your Purchase Order is final and cannot be cancelled.
4.8.
BlueStone may, at its sole discretion, choose to execute a sell order and refund the sale proceeds to the Wallet Account, original payment source, or bank/UPI account provided by the user on the Platform, or execute physical delivery, subject to applicable charges.
5. Physical Delivery of Digital Gold
5.1.
You may request delivery of Eligible Quantities (defined below) of all or part of your Gold (represented by the available credit balance in your Digital Gold Account) in physical form by purchasing products available on the BlueStone app, website, or at our stores, as determined by us ("Physical Gold for Delivery"), provided such request is made in the form and manner prescribed on the Platform ("Delivery Request"). "Eligible Quantities" means a minimum quantity of 0.5 grams of Gold and, thereafter, such quantity which is in multiples of 0.5 grams of Gold. Any quantity that does not meet these thresholds shall not be available as Physical Gold for Delivery.
5.2.
Any Delivery Request made by you cannot be cancelled by you. You acknowledge and agree that the Delivery Request can be made in Eligible Quantities only and that we reserve the right, in our sole discretion, to impose additional conditions or requirements for Physical Gold for Delivery. Further, the Delivery Request will be valid for pin codes in India that are serviced by us or as notified on the Platform. We reserve the right, in our sole discretion, to update this list of serviced pin codes, from time to time and deny serviceability of any pincode.
5.3.
Any delivery of Physical Delivery for Gold is subject to the applicable making, delivery, insurance, shipping, and other applicable costs, expenses, charges or fees, as specified on the Platform from time to time, and which shall be borne by you. You acknowledge and agree that such applicable costs, expenses, charges or fees (if any) can be levied by us from time to time, at our sole discretion, including after your purchase of the relevant Digital Gold.
5.4.
On placing a Delivery Request and paying the applicable costs, expenses, charges or fees (if any), your Digital Gold balance in your Digital Gold Account will be debited. We or our Intermediaries will ship the relevant Physical Gold for Delivery to the address provided by you (in serviceable pin codes only). You may be required to present a government-issued identity/address proof at the time of making the Delivery Request and/or accepting/receiving the possession of the Physical Gold for Delivery.
5.5.
The delivery of Physical Gold for Delivery will be made only to you at the specified address at the relevant point in time, subject to verification of your identity as per our processes and protocols (and/or the processes and protocols of our relevant Intermediary). In the event of your unavailability at the specified address at the relevant point in time and/or non-fulfillment of the verification of your identity, the relevant Intermediary may, in accordance with its applicable policies, attempt redelivery. You acknowledge and agree that any additional costs, expenses, charges, or fees associated with any redelivery or subsequent delivery of the Physical Gold for Delivery will be borne solely by you.
5.6.
You are advised to inspect the package at the time of delivery and not accept the delivery if the package is tampered, damaged, empty or inconsistent with the Delivery Request. You agree that signing of the delivery receipt shall be your unconditional and irrevocable acknowledgement and confirmation of receipt and acceptance of the Physical Gold for Delivery in good order, and that no claim of any nature whatsoever will thereafter be entertained or valid, and all such claims (including the right to make such claims) are hereby deemed to be waived by you.
5.7.
All delivery timelines shown on the Platform are indicative and subject to logistics constraints, unserviceable locations, KYC compliance, Force Majeure Events and other factors.
5.8.
You acknowledge and agree that the execution and fulfilment of Delivery Request will be subject to availability of Physical Gold for Delivery. Availability of Physical Gold for Delivery is subject to the sole discretion of BlueStone and is not guaranteed. BlueStone may suspend, block or terminate the Services related to Physical Gold for Delivery at any point in time at its sole discretion and without assigning any reason.
6. Sale of Digital Gold
6.1.
Subject to availability, you may place a request for sale to us of any of your Gold (as represented by way of the available credit balance of Digital Gold in your Digital Gold Account), in a form and manner prescribed on the Platform ("Sale Request"), at the live selling price displayed on the Platform ("Selling Price") ("Sale Exit Option").
6.2.
Selling Price displayed on the Platform is linked to live market prices and may fluctuate multiple times during the day (including within a second). You acknowledge that the Selling Price displayed on the Platform at the time of you initiating a Sale Request may be different from the Selling Price displayed at the time of execution of the Sale Request due to market movement, latency or otherwise. All Sale Requests shall be subject to GST as per applicable GST Laws, and such GST will be borne by us. All Sale Requests shall be subject to TDS as per Applicable Law (which shall be deducted from the sale proceeds).
6.3.
Immediately upon execution of the Sale Request or such further period as may be required, the sale consideration will be credited as Blue Cash to your Wallet Account. Wallet is refundable upon the Customer's instructions, subject to the Wallet T&Cs.
6.4.
Any Sale Request made by you cannot be cancelled by you.
6.5.
Availability of the Sale Exit Option is subject to the sole discretion of BlueStone and is not guaranteed. BlueStone may suspend, block or terminate the Sale Exit Option at any point in time at its sole discretion and without assigning any reason.
6.6.
Without prejudice to clause 6.5 above, we may impose cooling periods (e.g., prohibition on sale-back within 72 hours of purchase), transaction limits, or such other controls or restrictions as we may deem fit at our sole discretion.
7. Redemption/ Exchange of Physical Gold
7.1.
You may request for your Gold (as represented by way of the available credit balance of Digital Gold in your Digital Gold Account) to be redeemed/exchanged against purchase from us of any of our jewellery products ("Exchange Request") ("Exchange Option"). The specific terms for the Exchange Option, including applicable rates, denominations, charges and finality of transfers, will be as specified on the Platform, from time to time.
7.2.
Any Exchange Request made by you cannot be cancelled by you.
7.3.
Availability of the Exchange Option is subject to the sole discretion of BlueStone and is not guaranteed. BlueStone may suspend, block or terminate the Exchange Option at any point in time at its sole discretion and without assigning any reason.
8. Ancillary Services
8.1.
The title and ownership of your Digital Gold and/or your Digital Gold Account (including the physical Gold underlying your Digital Gold) will vest with you and not with us.
8.2.
The possession of such underlying physical Gold will continue to remain with us on a bailment basis and will reflect in BlueStone's financial statements pending the delivery of underlying physical Gold to you (and subject to any exercise by you of the Sale Exit Option or Exchange Option).
8.3.
It will be our sole responsibility to hold possession and insure or store such underlying physical Gold. We will ensure that sufficient quantity of physical Gold is available with us to meet our obligations towards you under these Terms.
8.4.
We will maintain insurance coverage for the underlying physical Gold, or securely vault it, to protect against losses arising from various risks, including, but not limited to, natural disasters, fire, and theft. You acknowledge and agree that such insurance coverage or vaulting services are subject to the terms and conditions of the respective provider.
9. Non-transferability of Digital Gold Account
9.1.
Your Digital Gold Account and Digital Gold are personal to you and are non-transferable, except by succession (or as may be permitted pursuant to clause 8 above).
9.2.
You are not permitted to create any encumbrance over or assign any of your rights, title or interest to your Digital Gold and/or your Digital Gold Account (including the physical Gold underlying your Digital Gold).
9.3.
In the event of your death, incapacity or any other legally valid succession event, we may, upon being satisfied with due proof and completion of our due diligence/ KYC and other verifications to our satisfaction, transfer your Digital Gold and/or your Digital Gold Account (including the physical Gold underlying your Digital Gold) to your successors in interest or as otherwise required by Applicable Law.
10. Digital Gold Account Statements
10.1.
The Platform will display your Digital Gold balance and transaction history in respect of your Digital Gold Account. The relevant statements for your Digital Gold Account will be available and accessible on the Platform. You must review the details of transactions in your Digital Gold Account from time to time, and notify us of any discrepancies within 3 (three) days of the relevant transaction. Records maintained by us and/or Intermediaries (electronically or physically) shall, as against you, be conclusive evidence of your instructions and transactions, absent any manifest error or fraud on our part.
11. No Investment Advice; Risk Disclosure
11.1.
You are solely responsible for each of your purchase, sale, holding, delivery, redemption and/or exchange decisions in respect of Gold, including by way of Digital Gold.
11.2.
We do not provide any investment, tax, legal, financial or any other advice or risk factors in respect of Gold, including by way of Digital Gold. You should obtain independent professional advice as you deem appropriate, and we will not be responsible or liable (in any manner whatsoever) in respect thereof.
11.3.
You acknowledge and agree that the value of Gold is volatile and fluctuates from time to time. Without prejudice to the foregoing, you acknowledge and agree that there could be a fall in the price or value of Gold when compared to the purchase or cost of your Gold, and you may incur a loss in respect thereof and we will not be responsible or liable (in any manner whatsoever) for the same.
11.4.
You acknowledge and agree that we do not pay or assure any interest, yield or any return in respect of Gold.
11.5.
You acknowledge and agree that Digital Gold is currently not regulated by and does not come within the regulatory purview or oversight of Reserve Bank of India, Securities and Exchange Board of India and/or any other governmental authority in India, and that you are aware of the risks associated therewith.
12. Taxes
12.1.
All taxes (including, without limitation, income-tax, capital gains tax, GST, stamp duty, duties, levies and cess and any fines, interest and/or penalties in respect thereof) applicable on the purchase of Digital Gold and in respect of any Sale Exit Option, Delivery Request and Exchange Option shall be borne by you.
12.2.
You are solely responsible for your taxes arising from your transactions on the Platform, including the payment and reporting thereof. We will not be responsible or liable (in any manner whatsoever) for any of your taxes. We will collect/ deduct any and all taxes as required by Applicable Law in respect of any of your transactions on the Platform and/or by way of Blue Cash.
13. Compliance, AML and Restricted Activities
13.1.
You acknowledge and agree that you shall comply with all Applicable Laws pertaining to prevention of corruption, anti-money laundering, countering terrorism, proceeds of crime, prevention of benami transactions, prevention of black money, fraud, cheating, KYC, tax and foreign exchange laws, in relation to your access, use and/or access of the Platform and/or Services. We may seek additional information in this respect, and we reserve the right to notify any governmental authority, to suspend, block or terminate your access, use or access of the Platform and/or Services and/or take appropriate measures as we ascertain in our discretion, in case we suspect any unlawful activity or breach of Applicable Law.
13.2.
You acknowledge and agree that each of your purchases of Gold on the Platform will not be on account of and/or will not result in any breach of Applicable Law, unlawful activity, corruption, money laundering, terrorism activity, proceeds of crime, benami transaction, black money, fraud and/or cheating; and that you will only use your lawful, legitimate, official and tax paid income/money for each of your purchases of Gold on the Platform.
13.3.
You shall not use the Platform for any purpose or activity that is unlawful, fraudulent, misleading or could damage, disable, impair, interfere or inconvenience us, our goodwill or brand, our Intermediaries, the Platform and/or any of its users.
14. Intellectual Property; Data; Marketing
14.1.
You acknowledge and agree that the Platform and all of its contents, including the software, source code, price feed, logos, trademarks and other writings and materials, are owned by or licensed to BlueStone and protected by Applicable Law ("BlueStone Material").
14.2.
You are granted a limited, revocable, non-exclusive and non-transferable licence to access and use the Platform for personal, lawful and bona fide purposes of availing the Services.
14.3.
You shall not copy, reverse engineer, distribute, publish, exploit, infringe or otherwise use (save and except for the limited license set out in clause 14.2 above) the BlueStone Material. You acknowledge and agree that you will not challenge or contest any of our intellectual property rights to any or all of the BlueStone Materials.
14.4.
You hereby grant BlueStone a non-exclusive, worldwide, perpetual and royalty-free right to collect, store, use, process and (as set out in these Terms and/or the Other Policies) share with any third-party(ies), your information and data in relation to your use or access of the Platform and/or the Services.
14.5.
For avoidance of doubt, you acknowledge and agree that we are entitled to share any of your information or data with any third-party (including any of our Intermediaries) for your use or access of the Platform and/or the Services.
14.6.
Neither we nor our Intermediaries will solicit any of your passwords, PIN numbers, OTPs or debit/credit card CVV details. You are advised to not share such information with anyone. Unauthorised access, suspected fraudulent use or compromise of your Digital Gold Account and/or Wallet Account, If we suspect any such event or circumstances, we reserve the right to notify any governmental authority, to suspend, block or terminate your use or access of the Platform and/or Services and/or take appropriate measures as we ascertain in our discretion. You acknowledge and agree that, save and except in case of our proven fraud, we will not be responsible or liable (in any manner whatsoever) in respect of any such event or circumstances.
14.7.
Marketing and Promotional Communication.
(a) You hereby expressly consent and authorise BlueStone to send you communications relating to the Platform and the Services, and, subject to Applicable Law, marketing and promotional communications regarding BlueStone's products and services (including offers, updates, new features and launches) and to otherwise solicit the purchase of such products and services.
(b) Where required under Applicable Law (including telecom and anti-spam regulations), we will rely on and implement your recorded consents and stated preferences (including any do-not-disturb or consent registry selections). You may manage your communication preferences and withdraw your consent to receive marketing or promotional communications at any time through the settings within the Platform or by using the "unsubscribe" or equivalent option provided in any communication. Your withdrawal of consent will not affect our ability to send you transactional, service-related or legally-mandated communications.
(a) You hereby expressly consent and authorise BlueStone to send you communications relating to the Platform and the Services, and, subject to Applicable Law, marketing and promotional communications regarding BlueStone's products and services (including offers, updates, new features and launches) and to otherwise solicit the purchase of such products and services.
(b) Where required under Applicable Law (including telecom and anti-spam regulations), we will rely on and implement your recorded consents and stated preferences (including any do-not-disturb or consent registry selections). You may manage your communication preferences and withdraw your consent to receive marketing or promotional communications at any time through the settings within the Platform or by using the "unsubscribe" or equivalent option provided in any communication. Your withdrawal of consent will not affect our ability to send you transactional, service-related or legally-mandated communications.
15. Disclaimers; Force Majeure Event; Limitation of Liability; Indemnity
15.1.
The Platform and Services are provided on an "as is" and "as available" basis. To the fullest extent permitted by Applicable Law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement of intellectual property rights of any person, and make no representation regarding uninterrupted, timely, secure or error-free operation of the Platform and/or Services (or any part thereof).
15.2.
You acknowledge and agree that the internet-based systems may fail or be delayed beyond our control. We are not responsible or liable for any error, delay, inability to execute orders or interruption due to transmission failures, device issues, third-party providers, market volatility, typographical or pricing errors, system maintenance, Force Majeure Events or acts/omissions of Intermediaries.
15.3.
You acknowledge and agree that we are not responsible or liable for actions or omissions of any third-party, including any of our Intermediaries.
15.4.
Neither we nor our Intermediaries shall be responsible or liable for any failure or delay in performance of any of our obligations in relation to the Platform and/or the Services, whether under these Terms or otherwise, owing to an occurrence or subsistence of a Force Majeure Event.
15.5.
To the maximum extent permitted by Applicable Law, our and our Intermediaries' aggregate liability for any claim arising out of or relating to a transaction or these Terms shall not exceed the total amount paid by you for the specific transaction in question or the actual value of the affected Digital Gold at the time of the occurrence of the relevant event, whichever is lower; provided that you shall take all steps and actions to mitigate such losses. In no event shall we or our Intermediaries be liable for any indirect, incidental, special, consequential, punitive or exemplary damages, including lost profits or revenues. Nothing in this clause 15.5 shall prejudice any other provision in these Terms which otherwise limit our responsibility and/or liability in relation to the Platform and/or the Services.
15.6.
You agree to indemnify, defend and hold harmless BlueStone, its affiliates, directors, officers, employees, agents and Intermediaries from and against all claims, losses, liabilities, costs and expenses (including reasonable legal fees) arising out of your breach of these Terms, breach of Applicable Law and/or fraud, in relation to the Platform and/or Services.
16. Support; Grievance Redressal
16.1.
For any help or support, you may use the help section in the Platform.
16.2.
All grievances relating to the Platform and/or Services may be addressed to BlueStone's designated grievance officer whose name, email address and postal address will be available in the privacy policy. We will endeavour to acknowledge and resolve grievances as per Applicable Law and our internal policies.
16.3.
Grievances relating to any third-party, including our Intermediaries, may be routed by us to such third-party.
17. Termination by BlueStone
17.1. Right to Terminate
BlueStone may, in its sole discretion, suspend, restrict, discontinue or terminate the Platform and/or the Services (in whole or in part), and/or your access to your Digital Gold Account and/or the Blue Cash Account, at any time, with or without notice, for any reason, including (without limitation) for breach of these Terms, suspicion of fraud or unlawful activity, operational or security concerns, technical failures, third-party-related constraints, or change in Applicable Law ("Termination" or "Termination Event"). You acknowledge that BlueStone shall not be liable to you or any third party for any such suspension, discontinuation or termination, except as set out in Clause 18.2(d) below.
17.2. Consequences of Termination
Pursuant to any Termination Event:
(a) Your access to the Platform and/or Services may be temporarily or permanently disabled, deactivated or deleted.
(b) Your content will not be accessible and cannot be recovered (subject to any retention required under Applicable Law).
(c) If any costs, expenses, charges or fees remain unpaid by you under these Terms, we may sell such portion of your Digital Gold as may be necessary to defray those amounts.
(d) Your Gold, as represented by way of available credit balance of Digital Gold in your Digital Gold Account, may be either physically delivered to you or liquidated and the net cash proceeds credited to your Blue Cash Account, after deduction of applicable costs, expenses, charges, fees and taxes, in accordance with clauses 5 or 6 of these Terms (as applicable, mutatis mutandis), as determined by BlueStone in its sole discretion.
17.3. Customer Obligations on Termination
In the event of termination of Services by us, you shall remain responsible for promptly:
(a) clearing all outstanding dues, charges and taxes;
(b) providing valid KYC; and
(c) submitting a Delivery Request within notified timelines, if delivery is permitted.
17.4. Survival
For the avoidance of doubt, termination does not affect any rights and obligations accrued in accordance with these Terms. Clauses 15 (Disclaimers; Force Majeure Event; Limitation of Liability; Indemnity), 18.4 (Survival) and 19 (Governing law, Jurisdiction and Dispute Resolution) shall survive any termination of these Terms.
18. Miscellaneous
18.1.
Entire agreement. These Terms, together with Other Policies, constitute the entire agreement between you and BlueStone in respect of the Platform and the Services, and supersede and terminate any prior understanding (whether written or otherwise).
18.2.
Amendment. We may modify these Terms from time to time, at our sole discretion. Any changes to the Terms will be notified to you. Your continued use of the Platform and/or Services following such changes constitutes your acceptance of the revised Terms. If you do not agree with any such changes, kindly forthwith cease your usage and/or access to the Platform and/or the Services, and notify BlueStone of the same in writing.
18.3.
Severability. If any provision of these Terms is held invalid or unenforceable, the remaining provisions of the Terms shall remain in full force and effect, and the Terms shall be deemed to be modified to the minimum extent necessary.
18.4.
No waiver. No failure, delay, forbearance or neglect by BlueStone in exercising any of its right shall operate as a waiver thereof or any other rights of BlueStone. No waiver by BlueStone shall be valid unless made in writing.
18.5.
Cumulative Rights. The rights and remedies of BlueStone in relation to these Terms are cumulative in nature and are without prejudice to and not exclusive of each other.
18.6.
Assignment. You shall not assign your rights or obligations in respect of your Digital Gold and/or your Digital Gold Account (including the physical Gold underlying your Digital Gold), without BlueStone's prior written consent. BlueStone may assign the Platform, Services, these Terms and/or any Other Policies (or any part thereof) to any person; provided that BlueStone shall notify you through the Platform if such person is not an affiliate of BlueStone.
18.7.
Language Precedence. The English language version of these Terms (and any notice/ communication issued pursuant thereto) shall prevail in case of any inconsistency with any of its translations in any other language.
18.8.
Notices; Communication. Notices may be provided to you via the Platform (including any in-app or push notification), e-mail to your notified e-mail address, SMS or any other instant or over-the-top messaging services to your notified contact number, recorded telephone calls to your notified contact number, post, courier, newspaper publications or as otherwise permitted by Applicable Law. In this respect:
(a) You undertake to ensure that your contact details are accurate and up to date.
(b) Delivery of communications to the most recent contact details provided by you shall constitute valid delivery.
(c) Message, data or network charges (if any) are your responsibility and to be borne by you.
(d) For quality assurance, training and compliance purposes, we may monitor and record communications with you in accordance with Applicable Law.
(a) You undertake to ensure that your contact details are accurate and up to date.
(b) Delivery of communications to the most recent contact details provided by you shall constitute valid delivery.
(c) Message, data or network charges (if any) are your responsibility and to be borne by you.
(d) For quality assurance, training and compliance purposes, we may monitor and record communications with you in accordance with Applicable Law.
19. Governing law; Jurisdiction; Dispute Resolution
These Terms are governed by and construed in accordance with the laws of the Republic of India. The courts at Mumbai shall have exclusive jurisdiction in connection with any dispute in relation to the Platform, Services and/or these Terms.