TunchPe - Buy 24k Gold, Silver & Jwellery. View today live rate

TERMS & CONDITION

Disclaimer

We Mangalam jeweller, with head office at 3-4 old dhan mandi, Opp. SD bara mandir,Srigangangar, Rajasthan, 335001 hereinafter referred to as TunchPe. TunchPe(By Mangalam jeweller) Gold/Silver prices are obtained from various legal sources believed to be reliable, but we do not guarantee their accuracy. Our Gold/Silver & silver price data are provided without warranty or claim of reliability. These rate may be vary based on any specific region/location. It is accepted by the site visitor on the condition that errors or omissions shall not be made the basis for any claim, demand or cause for action.

Children Information

Use of our Platform is available only to persons who can form a legally binding contract under the Indian Contract Act, 1872. We do not knowingly solicit or collect personal information from children under the age of 18 years. If you have shared any personal information of children under the age of 18 years, you represent that you have the authority to do so and permit us to use the information in accordance with this Privacy Policy.

Data Retention

We retain your personal information in accordance with appliable laws, for a period no longer than is required for the purpose for which it was collected or as required under any applicable law. However, we may retain data related to you if we believe it may be necessary to prevent fraud or future abuse, to enable TunchPe to exercise its legal rights and/or defend against legal claims or if required by law or for other legitimate purposes. We may continue to retain your data in anonymised form for analytical and research purposes.

Your Rights

We take every reasonable step to ensure that your personal information that we process is accurate and, where necessary, kept up to date, and any of your personal information that we process that you inform us is inaccurate (having regard to the purposes for which they are processed) is erased or rectified. You may access, correct, and update your personal information directly through the functionalities provided on the Platform. You may delete certain non-mandatory information by logging into our website and visiting Profile and Settings sections. You can also write to us at the contact information provided below to assist you with these requests.

You have an option to withdraw your consent that you have already provided by writing to us at the contact information provided below. Please mention “for withdrawal of consent” in the subject line of your communication. We will verify such requests before acting upon your request. Please note, however, that withdrawal of consent will not be retroactive and will be in accordance with the terms of this Privacy Policy, related Terms of Use and applicable laws. In the event you withdraw consent given to us under this Privacy Policy, such withdrawal may hamper your access to the Platform or restrict provision of our services to you for which we consider that information to be necessary.

Your Consent

By visiting our Platform or by providing your information, you consent to the collection, use, storage, disclosure and otherwise processing of your information (including sensitive personal information) on the Platform in accordance with this Privacy Policy. If you disclose to us any personal information relating to other people, you represent that you have the authority to do so and to permit us to use the information in accordance with this Privacy Policy.

You, while providing your personal information over the Platform or any partner platforms or establishments, consent to us (including our other corporate entities, affiliates, lending partners, technology partners, marketing channels, business partners and other third parties) to contact you through SMS, instant messaging apps, call and/or e-mail for the purposes specified in this Privacy Policy.

Changes to this Privacy Policy

Please check our Privacy Policy periodically for changes. We may update this Privacy Policy to reflect changes to our information practices. We will alert you to significant changes by posting the date our policy got last updated, placing a notice on our Platform, or by sending you an email when we are required to do so by applicable law.

TunchPe Terms of Use

This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of domain name [www.TunchPe.in][www.TunchPe.in] (“Website”), including the related mobile site and mobile application (hereinafter referred to as “Platform”)

Your use of the Platform and services and tools are governed by the following terms and conditions ("Terms of Use") as applicable to the Platform including the applicable policies which are incorporated herein by way of reference. If You transact on the Platform, You shall be subject to the policies that are applicable to the Platform for such transaction. By mere use of the Platform, You shall be contracting with TunchPe and these terms and conditions including the policies constitute Your binding obligations, with TunchPe.

For the purpose of these Terms of Use, wherever the context so requires "You" or "User" shall mean any natural or legal person who has agreed to become a buyer on the Platform by providing Registration Data while registering on the Platform as Registered User using the computer systems. TunchPe allows the User to surf the Platform or making purchases without registering on the Platform. The term "We", "Us", "Our" shall mean TunchPe Internet Private Limited.

When You use any of the services provided by Us through the Platform, including but not limited to, (e.g. Product Reviews, Seller Reviews), You will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into this Terms of Use and shall be considered as part and parcel of this Terms of Use. We reserve the right, at Our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time without any prior written notice to You. It is Your responsibility to review these Terms of Use periodically for updates / changes. Your continued use of the Platform following the posting of changes will mean that You accept and agree to the revisions. As long as You comply with these Terms of Use, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Platform.

ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THESE TERMS OF USE, SO PLEASE READ THE TERMS OF USE CAREFULLY BEFORE PROCEEDING. By impliedly or expressly accepting these Terms of Use, You also accept and agree to be bound by TunchPe Policies ((including but not limited to Privacy Policy available at Privacy) as amended from time to time.

Membership Eligibility

Transaction on the Platform is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including un-discharged insolvents etc. are not eligible to use the Platform. If you are a minor i.e. under the age of 18 years, you may use the Platform or access content on the Platform only under the supervision and prior consent/ permission of a parent ormlegal guardian.

As a minor if you wish to transact on the Platform, such transaction on the Platform may be made by your legal guardian or parents. TunchPe reserves the right to terminate your membership and / or refuse to provide you with access to the Platform if it is brought to TunchPe's notice or if it is discovered that You are under the age of 18 years and transacting on the Platform.

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Your Account and Registration Obligations

If You use the Platform, You shall be responsible for maintaining the confidentiality of your Display Name and Password and You shall be responsible for all activities that occur under your Display Name and Password. You agree that if You provide any information that is untrue, inaccurate, not current or incomplete or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the this Terms of Use, We shall have the right to indefinitely suspend or terminate or block access of your membership on the Platform and refuse to provide You with access to the Platform.

Your mobile phone number and/or e-mail address is treated as Your primary identifier on the Platform. It is your responsibility to ensure that Your mobile phone number and your email address is up to date on the Platform at all times. You agree to notify Us promptly if your mobile phone number or e-mail address changes by updating the same on the Platform through a onetime password verification.

You agree that TunchPe shall not be liable or responsible for the activities or consequences of use or misuse of any information that occurs under your Account in cases, including, where You have failed to update Your revised mobile phone number and/or e-mail address on the Website Platform.

If You share or allow others to have access to Your account on the Platform (“Account”), by creating separate profiles under Your Account, or otherwise, they will be able to view and access Your Account information. You shall be solely liable and responsible for all the activities undertaken under Your Account, and any consequences therefrom.

Communications

When You use the Platform or send emails or other data, information or communication to us, You agree and understand that You are communicating with Us through electronic records and You consent to receive communications via electronic records from Us periodically and as and when required. We may communicate with you by email or by such other mode of communication, electronic or otherwise.

Platform for Transaction and Communication

The Platform is a platform that Users utilize to meet and interact with one another for their transactions. TunchPe is not and cannot be a party to or control in any manner any transaction between the Platform's Users.

Henceforward:

All commercial/contractual terms are offered by and agreed to between Buyers and Sellers alone. The commercial/contractual terms include without limitation price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to products and services and after sales services related to products and services. TunchPe does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between the Buyers and Sellers. All discounts, offers (including marketplace offers) are by the Seller/Brand and not by TunchPe. Placement of order by a Buyer with Seller on the Platform is an offer to buy the product(s) in the order by the Buyer to the Seller and it shall not be construed as Seller's acceptance of Buyer's offer to buy the product(s) ordered. The Seller retains the right to cancel any such order placed by the Buyer, at its sole discretion and the Buyer shall be intimated of the same by way of an email/SMS. TunchPe does not make any representation or Warranty as to specifics (such as quality, value, salability, etc) of the products or services proposed to be sold or offered to be sold or purchased on the Platform. TunchPe does not implicitly or explicitly support or endorse the sale or purchase of any products or services on the Platform. TunchPe accepts no liability for any errors or omissions, whether on behalf of itself or third parties. TunchPe is not responsible for any non-performance or breach of any contract entered into between Buyers and Sellers. TunchPe cannot and does not guarantee that the concerned Buyers and/or Sellers will perform any transaction concluded on the Platform. TunchPe shall not and is not required to mediate or resolve any dispute or disagreement between Buyers and Sellers. TunchPe does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc) of any of its Users. You are advised to independently verify the bona fides of any particular User that You choose to deal with on the Platform and use Your best judgment in that behalf. TunchPe does not at any point of time during any transaction between Buyer and Seller on the Platform come into or take possession of any of the products or services offered by Seller nor does it at any point gain title to or have any rights or claims over the products or services offered by Seller to Buyer. At no time shall TunchPe hold any right, title or interest over the products nor shall TunchPe have any obligations or liabilities in respect of such contract entered into between Buyers and Sellers. TunchPe is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered. The Platform is only a platform that can be utilized by Users to reach a larger base to buy and sell products or services. TunchPe is only providing a platform for communication and it is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between the Seller and the Buyer. At no time shall TunchPe hold any right, title or interest over the products nor shall TunchPe have any obligations or liabilities in respect of such contract. TunchPe is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered. Select products offered by sellers may be eligible for business purchases on the Platform. Upon Your purchase of product(s) eligible for business purchases, You may be able to avail the benefits of GST input tax credit. Accordingly, at your request, an invoice containing the GSTIN as provided by You ("Tax Invoice") shall be issued to You by the Seller(s) selling such products. GST invoice will have, inter alia, the following details printed on it: -GSTIN associated with your registered business, as provided by you Entity name of your registered business, as provided by you Not all products are eligible for business purchases on the Platform and the same is solely at the discretion of the Sellers. You will be able to view the eligibility of Tax Invoice on the product page on the Platform. Purchases on the Platform must only be for end consumption. Users must not use products purchased on the Platform for any commercial, promotional, resale or further distribution purposes. For seamless availment of input tax credit, kindly mention the delivery address as the address which is mentioned as the registered place of business as per the records of GST authority. Please note that availment of input tax credit is subject to provisions of GST Act and rules. The delivery and billing addresses will be required to be the same, please note that input tax credit will be denied by GST authority if the delivery address and GSTIN in the GST invoice are of different states. If GSTIN and/or business entity details are not provided by You, it will be presumed that it is a personal purchase and not a business purchase. TunchPe is not responsible to verify the correctness of the GSTIN and/or entity name provided by You and You shall be entirely responsible to provide the accurate details. TunchPe and Seller shall not entertain any request for any revision in the GST Invoice. TunchPe and Seller shall not be liable for Your default including for reasons associated with details provided by You. TunchPe will not be liable in case You are not able to avail input tax credit or if input tax credit is denied to You for any reason whatsoever. You shall be solely liable for all compliances required under applicable laws. You agree to indemnify and hold TunchPe and Seller harmless from all losses, claims, costs, expenses, suits, proceedings, or any other liability including any third-party claims (including any penalties imposed by governmental authorities) arising out of or in connection with (1) the GSTIN and/or entity name provided by you or the input tax credit claimed by you or your use or misuse of the GST Invoice and (2) your non-compliance with the applicable laws or (3) your use or misuse of any third-party’s details including GSTIN. TunchPe has the right to not allow business purchases on the Platform to You if a fraudulent activity is identified. Seller reserves the right to not issue Tax Invoice or issue a credit note against an already issued Tax Invoice to cancel the transaction, if any fraudulent activity is identified. You shall independently agree upon the manner and terms and conditions of delivery, payment, insurance etc. with the seller(s) that You transact with. Disclaimer: Pricing on any product(s) as is reflected on the Platform may due to some technical issue, typographical error or product information published by seller may be incorrectly reflected and in such an event seller may cancel such your order(s). You release and indemnify TunchPe and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Platform and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, TunchPe cannot take responsibility or control the information provided by other Users which is made available on the Platform. You may find other User's information to be offensive, harmful, inconsistent, inaccurate, or deceptive. Please use caution and practice safe trading when using the Platform. Please note that there could be risks in dealing with underage persons or people acting under false pretence.

Charges

Membership on the Platform is free for buyers. TunchPe reserves the right to change its Fee Policy from time to time. In particular, TunchPe may at its sole discretion introduce new services and modify some or all of the existing services offered on the Platform. In such an event TunchPe reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the Fee Policy shall be posted on the Platform and such changes shall automatically become effective immediately after they are posted on the Platform. Unless otherwise stated, all fees shall be quoted in Indian Rupees. You shall be solely responsible for compliance of all applicable laws including those in India for making payments to TunchPe Internet Private Limited.

Use of the Platform

You agree, undertake and confirm that Your use of Platform shall be strictly governed by the following binding principles: You shall not host, display, upload, modify, publish, transmit, update or share any information which: (a) belongs to another person and to which You does not have any right to; (b) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986; (c) is misleading in any way; (d) is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual; (e) harasses or advocates harassment of another person; (f) involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming"; (g) promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous; (h) infringes upon or violates any third party's rights [including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity]; (i) promotes an illegal or unauthorized copy of another person's copyrighted work (see "Copyright complaint" below for instructions on how to lodge a complaint about uploaded copyrighted material), such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files; (j) contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page); (k) provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone; (l) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; (m) contains video, photographs, or images of another person (with a minor or an adult). (n) tries to gain unauthorized access or exceeds the scope of authorized access to the Platform or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Platform or solicits passwords or personal identifying information for commercial or unlawful purposes from other users; (o) engages in commercial activities and/or sales without Our prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of "virtual" products related to the Platform. Throughout this Terms of Use, TunchPe's prior written consent means a communication coming from TunchPe's Legal Department, specifically in response to Your request, and specifically addressing the activity or conduct for which You seek authorization; (p) solicits gambling or engages in any gambling activity which We, in Our sole discretion, believes is or could be construed as being illegal; (q) interferes with another USER's use and enjoyment of the Platform or any other individual's User and enjoyment of similar services; (r) refers to any Platform or URL that, in Our sole discretion, contains material that is inappropriate for the Platform or any other Platform, contains content that would be prohibited or violates the letter or spirit of these Terms of Use. (s) harm minors in any way; (t) infringes any patent, trademark, copyright or other proprietary rights or third party's trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen products; (u) violates any law for the time being in force; (v) deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; (w) impersonate another person; (x) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information; (y) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation. (z) shall not be false, inaccurate or misleading; (aa) shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force. (ab) shall not create liability for Us or cause Us to lose (in whole or in part) the services of Our internet service provider ("ISPs") or other suppliers; You shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Platform or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Platform. We reserve Our right to bar any such activity. You shall not attempt to gain unauthorized access to any portion or feature of the Platform, or any other systems or networks connected to the Platform or to any server, computer, network, or to any of the services offered on or through the Platform, by hacking, password "mining" or any other illegitimate means. You shall not probe, scan or test the vulnerability of the Platform or any network connected to the Platform nor breach the security or authentication measures on the Platform or any network connected to the Platform. You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to Platform, or any other customer, including any account on the Platform not owned by You, to its source, or exploit the Platform or any service or information made available or offered by or through the Platform, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the Platform. You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about Us or the brand name or domain name used by Us including the terms TunchPe, TunchPe.in, or otherwise engage in any conduct or action that might tarnish the image or reputation, of TunchPe or sellers on platform or otherwise tarnish or dilute any TunchPe's trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by us. You agree that You will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Platform or TunchPe's systems or networks, or any systems or networks connected to TunchPe. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Platform or any transaction being conducted on the Platform, or with any other person's use of the Platform. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal You send to Us on or through the Platform or any service offered on or through the Platform. You may not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity. You may not use the Platform or any content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of TunchPe and / or others. You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time and also all applicable Domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Sales Tax/VAT, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) regarding Your use of Our service and Your listing, purchase, solicitation of offers to purchase, and sale of products or services. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force. Solely to enable Us to use the information You supply Us with, so that we are not violating any rights You might have in Your Information, You agree to grant Us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights You have in Your Information, in any media now known or not currently known, with respect to Your Information. We will only use Your information in accordance with the Terms of Use and Privacy Policy applicable to use of the Platform. From time to time, You shall be responsible for providing information relating to the products or services proposed to be sold by You. In this connection, You undertake that all such information shall be accurate in all respects. You shall not exaggerate or over emphasize the attributes of such products or services so as to mislead other Users in any manner. You shall not engage in advertising to, or solicitation of, other Users of the Platform to buy or sell any products or services, including, but not limited to, products or services related to that being displayed on the Platform or related to us. You may not transmit any chain letters or unsolicited commercial or junk email to other Users via the Platform. It shall be a violation of these Terms of Use to use any information obtained from the Platform in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person other than Us without Our prior explicit consent. In order to protect Our Users from such advertising or solicitation, We reserve the right to restrict the number of messages or emails which a user may send to other Users in any 24-hour period which We deems appropriate in its sole discretion. You understand that We have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Platform) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, We can (and You hereby expressly authorize Us to) disclose any information about You to law enforcement or other government officials, as we, in Our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury. We reserve the right, but has no obligation, to monitor the materials posted on the Platform. TunchPe shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Use. Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE PLATFORM AND IN YOUR PRIVATE MESSAGES. Please be advised that such Content posted does not necessarily reflect TunchPe views. In no event shall TunchPe assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from use of Content and/or appearance of Content on the Platform. You hereby represent and warrant that You have all necessary rights in and to all Content which You provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libellous, tortious, or otherwise unlawful information. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Platform, including payment and delivery of related products or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such advertiser. We shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Platform. It is possible that other users (including unauthorized users or "hackers") may post or transmit offensive or obscene materials on the Platform and that You may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about You due to your use of the Platform, and that the recipient may use such information to harass or injure You. We does not approve of such unauthorized uses, but by using the Platform You acknowledge and agree that We are not responsible for the use of any personal information that You publicly disclose or share with others on the Platform. Please carefully select the type of information that You publicly disclose or share with others on the Platform. TunchPe shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services). If you choose to browse or transact on the Platform using the voice command-based shopping feature, you acknowledge that TunchPe and/or its affiliates will collect, store and use your voice inputs on this feature to customize your experience and provide additional functionality as well as to improve TunchPe’s and/or its affiliates’ products and services. TunchPe’s and/or its affiliates’ use of your voice data will be in accordance with the TunchPe Privacy Policy. You accept that your use of this feature is restricted to the territory of the Republic of India. This feature may not be accessible on certain devices and requires an internet connection. TunchPe reserves the right to change, enhance, suspend, or discontinue this feature, or any part of it, at any time without notice to you. Your continued use of this feature constitutes your acceptance of the terms related to this feature. You acknowledge and agree that the Hindi, Telugu, Tamil, Kannada and Marathi, Bengali, Gujarati , Odia, Malayalam, Punjabi & Assamese translation features are made available on the Platform on a reasonable effort basis for convenience only, without any representation or warranties by TunchPe, express or implied, including the translations being error free, their accuracy, completeness or reliability. Under the translation feature, You will have the option to adding delivery addresses in the language selected by You out of the featured languages. Such delivery addresses shall be transliterated in English language for processing, handling and fulfilling Your orders on the Platform. TunchPe expressly disclaims any liability of any nature whatsoever arising from or related to the said translation/transliteration features on the Platform. Some features and sections on the Platform may not be translated in the language selected by You [Hindi, Telugu, Tamil, Kannada, Marathi, Bengali, Gujarati, Odia, Malayalam, Punjabi & Assamese language, as applicable], and the English version of the same will be the definitive version. In the event of any conflict or inconsistency between the translated terms and the English version available on the Platform, the English version on the Platform shall prevail. This feature may not be accessible on certain devices. TunchPe reserves the right to change, enhance, suspend, or discontinue this feature, or any part of it, at any time without notice to You.

TunchPe Terms and Conditions

These “terms” and “Conditions of Use” (“Terms”) constitute an electronic record within the meaning of the applicable laws. This electronic record is generated by a computer system and does not require any physical or digital signatures. These Terms shall be in addition to and not in derogation to any other terms as stipulated from time to time. By using this facility on the TunchPe Platform, You are agreeing to and accept these Terms. In these Terms, references to “You/you/Your”, or “Customer” shall mean the counterparty who transacts using the TunchPe “Platform”, being a natural person, buying Gold/Silver, redeeming Gold/Silver in the form of redeemable products, selling back Gold/Silver to Mangalam Jeweller. “Platform” shall mean, and include, the platforms (website, mobile apps, others) of Mangalam Jeweller, that the Customer accesses for the transactions, including all contents, services and technology offered through the Platform. “Service Providers” mean independent third party service providers, and references to the “Seller”, “Mangalam Jeweller”, “we”, “us” and “our” shall mean Mangalam Jeweller. . “Transfer” refers to a facility to transfer Gold/Silver from a Gold/Silver account to Gold/Silver account of another Customer(s). We reserve the right to change these Terms at any time. Such changes will be effective when posted on the Platform and shall be deemed to be notified to the Customer accordingly. Notwithstanding anything contrary, Customer shall be responsible for regularly reviewing the Terms, including amendments thereto as may be posted on the Platform and shall be deemed to have accepted the amended Terms by continuing the use of Platform Mangalam Jeweller/TunchPe shall be entitled to collect and store relevant information and documents provided by the Customer. For cumulative lifetime purchases of Rs. 50,000/- and above and subsequently from time to time. Further, as and when required by Mangalam Jeweller / TunchPe, the Customer will be required to provide additional documents for fulfilling the KYC requirements. You authorize Tunchpe and Mangalam Jeweller to make such enquiries as they may feel necessary to satisfy themselves about the validity of Your identity. You undertake to update us and Mangalam Jeweller in case of change of Your existing information or verification documents provided by you.

You shall be responsible for the correctness of information to Mangalam Jeweller / TunchPe from time to time. If you have reasons to believe that there is an error in the information furnished to Mangalam Jeweller / TunchPe You shall immediately advice the Mangalam Jeweller / One 97 in writing and forthwith provide correct / updated information. We reserve the right to terminate any Gold/Silver account, with or without notice to you, in the event the KYC documents / information are found to be incorrect or authenticity of the documents / information is found to be doubtful. You hereby undertake to indemnify and keep indemnified Mangalam Jeweller and TunchPe against any and all losses, claims, liabilities costs etc. which arise out of or relating to Your failure to identify yourself and validate Your account promptly and / or due to incorrect KYC documents / information.

You can offer to buy Gold/Silver worth Rs. 100.00 (Rupee One Only) and above incremental value thereof at the live purchase price of Gold/Silver of 99.4 to 99.9% purity displayed on the Platform. Payment will be accepted only through Your TunchPe closed wallet or other payment options made available on the Platform. At the time of purchase / redemption / sale-back / transfer of Gold/Silver, the relevant taxes will be chargeable as applicable as per the Government regulations. At the time of redemption, the Customer can select redeemable product for redemption from catalogue of redeemable products. These redeemable products will be hosted on the Platform. The list of redeemable products may be altered, changed and amended by Mangalam Jeweller from time to time at its sole discretion. At the time of redemption in physical deliverable product form, the Customer will pay additional manufacturing and delivery charges and applicable taxes on the same. The redeemable product selected from the catalogue for delivery shall be subject to availability of stock with the Mangalam Jeweller. For each confirmed purchase of Gold/Silver by the Customer , Mangalam Jeweller India will be the custodian of the metal, till (a)) sell-back by the Customer, (b) redemption by the Customer, or (c) expiry of Custody Period. For the purpose of this clause, ‘Custody Period’ shall mean a period of 5 years from each separate purchase of Gold/Silver by the Customer. The Gold/Silver purchased by You or transferred to Your Gold/Silver account will be allocated and stored in a highly advanced and secured vault of Mangalam Jeweller, with full insurance cover. If You redeem Your Gold/Silver after the Custody Period, additional charges will be levied. The Customer will have the option of redeeming and asking for physical delivery of the full or part of the accumulated Gold/Silver holding, in the form of redeemable products starting from 1 (One) gm and above. The residual fractional Gold/Silver remaining, upon redemption / Transfer by You of the entire Gold/Silver holding, can be sold back by You to us at the live sell-back price of Gold/Silver of 99 to 99.99% purity and the corresponding amount against the residual fractional Gold/Silver sold by You will be credited in Your TunchPe wallet instantly. The Customer may not buy and redeem Gold/Silver on the same day in some cases. You need to pay the applicable making and delivery charges from Your TunchPe wallet or other payment instruments made available on the Platform in order to redeem the redeemable product of Your choice.

Once the redemption has been initiated by You and payment received then Your Gold/Silver grams will be debited accordingly from Your Gold/Silver account. Mangalam Jeweller may also, from time to time in future, offer/permit the Customer to sell-back its Gold/Silver in fraction to Mangalam Jeweller at prevailing live sell-back price of Gold/Silver of 99 to 99.99% purity, during the offer period as may be announced / permitted by Mangalam Jeweller. The money against the fractional Gold/Silver sold by a Customer would be credited to the customer. Live purchase price of Gold/Silver will be displayed on the Platform and is subject to change from time to time. At the time You make request for redemption / sell-back, the value of Gold/Silver / quantity of Gold/Silver to be redeemed / sold back will be displayed based on live sell-back price of Gold/Silver. The live purchase price of Gold/Silver and live sell-back price of Gold/Silver may vary and also may be different from that available in the open market and/or in any other retail outlet. Your offer may be rejected irrespective of whether an item has been earmarked/wish listed by a Customer. In such an event if You still wish to offer to purchase Gold/Silver or sell-back residual fractional Gold/Silver, You may make another offer at the changed price. Mangalam Jeweller disclaims any and all claims and/or liabilities arising from such non acceptance of offer or revision in prices. While availing any of the payment method/s available on the Platform, Mangalam Jeweller/TunchPe will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to the Customer due to: Lack of authorization for any transaction/s, Exceeding the preset limit mutually agreed by and between the Customer and relevant banks of the Customer, Any payment issues arising out of the transaction, Illegitimacy of the payment methods (credit/debit card frauds etc.) being used by a Customer; Temporarily discontinuation of invitation to offer; and / or Decline of transaction for any reason(s) whatsoever. Mangalam Jeweller may, at its discretion, prescribe maximum individual/cumulative limits for Customers to accumulate Gold/Silver or transfer Gold/Silver through this scheme from time to time, and reserves the right to refuse to accept order exceeding such limit.

At any point of time on any day Mangalam Jeweller may temporarily discontinue the invitation to offer for any reason whatsoever. Mangalam Jeweller will, at its discretion, close down Gold/Silver account of Customers, if (a) they are inactive accounts,(for six months) (b) their Custody Period has expired and / or (c) if Mangalam Jeweller decides to discontinue the scheme. In such an event, Customers will be required to redeem and / or sell-back their Gold/Silver holdings. In the event the Customer chooses not to respond, then (i) in case of expiry of Custody Period, Mangalam Jeweller reserves the right to repurchase the Gold/Silver holding of the Customer at the then prevalent live sell-back price, after deducting applicable charges and taxes, (ii) in case of Inactive GAP account, Mangalam Jeweller reserves the right to repurchase the Gold/Silver holding of the Customer, on the expiry of Custody Period, at the then prevalent live sell-back price, (iii) in case of discontinuation of scheme by Mangalam Jeweller, Mangalam Jeweller reserves the right to repurchase the Gold/Silver holding of the Customer, on the expiry of Custody Period, at the then prevalent live sell-back price For the purpose of this Clause ‘Inactive Account’ shall mean an account in which there has not been any transaction for a period of 6 (six) months or more.

All the proceedings of such forced buy back by Mangalam Jeweller shall be kept in a dedicated GAP account and Customer or its successors can claim it after providing sufficient proofs (Id, relationship etc) The Customer will not be entitled to make an offer if the zip code of delivery address is outside serviceable areas. At time of redemption the Customer will be required to provide full delivery address. All redeemable products selected for delivery by Customer for redemption, shall be delivered within India as per instructions of the Customer through our logistics partners. All deliveries where applicable shall be made on a best efforts basis, and while Mangalam Jeweller will endeavor to deliver the Products on the dates intimated, the Mangalam Jeweller disclaims any claims or liabilities arising from any delay in this regard.

The logistics partner of Mangalam Jeweller will make a maximum of three attempts to deliver Your order. After three attempts Gold/Silver coin will be delivered back to Mangalam Jeweller and customer will need to put the fresh request for the redemption. Mangalam Jeweller shall not be liable / responsible, in any manner whatsoever, for any loss / liability arising out of or relating to any technical failure / issue in Platform and / or acts / omission not attributable to Mangalam Jeweller. Notwithstanding anything contrary contained herein, the service, the interface and API work, and their respective information, pricing and data, and availability are subject at any time and from time to time to human, mechanical , typographic, or other errors, oversights, mistakes, limitations, delays, service interruptions, including, without limitation, as may be due in whole or in part to, related to or arising out of (i) computer hardware and software, telecommunication and operating systems, databases, or business processes and procedures, other problems inherent in, or which may be associated with, the use of the internet and electronic communications including, without limitation, force majeure event , government / regulatory actions, orders, notifications etc. and / or and acts and omissions of third parties etc. affecting or impacting the service, the interface or the API work, its information and data, or such communications. Customer acknowledges and agrees that Mangalam Jeweller is not responsible or liable whatsoever for delays, failures, or other loss due to, caused by or resulting from any such problems, in whole or in part. If Your Gold/Silver account is over credited or wrongfully credited / debited, then Mangalam Jeweller has right to reverse / cancel without notice or require cancellation / reversal of such transaction at its sole discretion and debit / credit the Gold/Silver to / from Your Gold/Silver account, as the case may be. Mangalam Jeweller shall not be liable for any wrong transfer of Gold/Silver by you to another account (including but not limited to transfer to a different user / customer etc.) and the Gold/Silver grams shall not be reversed to you in case of an erroneous transfer and / or in case the transferee has already transacted the Gold/Silver transferred.

Upon Mangalam Jeweller confirming the purchase, redemption, sale-back of Gold/Silver in his / her Gold/Silver account by Customer, the order / request of Customer to purchase / redemption / sale-back / transfer, as the case may be, shall be binding on the Customer and cannot be cancelled. The Customer shall inform immediately, in any case no later than [30] days of the transaction, of any irregularities or discrepancies that may exist in his/her Gold/Silver account, failing which it shall be deemed that there is no error or discrepancies in the account. All records maintained by Mangalam Jeweller, in electronic or documentary form of the instructions of the Customer and such other details (including, but not limited to payments made or received) pursuant to the Terms, shall as against the Customer, be deemed to be conclusive evidence of such instructions.

The Customer understands and acknowledges that any purchase, redemption, sale-back or transfer from / to Gold/Silver account will be on instructions received by the Customer, and the Customer that You will not violate any applicable laws or regulations for the time being in force in or outside India. The Customer shall be responsible for complying with applicable laws in respect of purchase, redemption, , sale-back to and from the Gold/Silver account including but not limited to the Prevention of Money Laundering Act, 2002, the Prohibitions of Benami Property Transactions Act, 1998, Income Tax Act, 1961 etc including amendment thereof. Customer also agrees and undertakes that he /she will not open any account in the name of any minor. Mangalam Jeweller will not be liable in any manner in this regard. The Customer feedbacks pertaining to products shall be deemed to be non-confidential and non-compensatory in nature. Mangalam Jeweller reserves the right, at its sole discretion to use such information for its internal purposes. In the event of termination / expiry of Mangalam Jeweller’s arrangement with Mangalam jeweller / TunchPe or otherwise at any point of time, Mangalam Jeweller and TunchPe may agree to migrate Your Gold/Silver account to an alternative platform and continue with Gold/Silver account on such alternative platform (as decided by Mangalam Jeweller). Mangalam Jeweller/TunchPe shall also be entitled to notify the Customer for redemption of the products within the time lines as specified in the notice sent by Mangalam Jeweller in this regard.

These Terms shall be governed by and interpreted and construed in accordance with the laws of India. The courts in Sriganganagar, Rajasthan shall have exclusive jurisdiction in respect of any matters arising therefrom.

In the event any dispute arises out of or in connection with the Terms herein, including the validity hereof, the parties hereto shall endeavor to settle such dispute amicably in the first instance. The attempt to bring about an amicable settlement shall be treated as having failed as soon as one of the parties hereto, after reasonable attempts, which shall continue for not less than 15 (Fifteen) calendar days, gives a notice to this effect, to the other party in writing. Waiver: Any failure or delay by TunchPe/Mangalam Jeweller to enforce or exercise any provision of these Terms, or any related right, shall not constitute a waiver by TunchPe/Mangalam Jeweller of that provision or right. The exercise of one or more of a TunchPe/Mangalam Jeweller’s rights hereunder shall not be a waiver of, or preclude the exercise of, any rights or remedies available to Mangalam Jeweller under these Terms or in law or at equity. Any waiver of any provision shall only be effective if made in writing and executed by a duly authorized officer of Mangalam Jeweller. Force Majeure: If performance under these Terms by TunchPe/Mangalam Jeweller is prevented, restricted, delayed or interfered with by reason of labor disputes, strikes, acts of God, floods, lightning, severe weather, shortages of materials, rationing, inducement of any virus, Trojan or other disruptive mechanisms, any event of hacking or illegal usage of the Platform, utility or communication failures, earthquakes, war, revolution, acts of terrorism, civil commotion, acts of public enemies, blockade, embargo or any law, order, proclamation, regulation, ordinance, demand or requirement having legal effect of any government or any judicial authority or representative of any such government, or any other act whatsoever, whether similar or dissimilar to those referred to in this clause, which are beyond the reasonable control of the TunchPe/Mangalam Jeweller and could not have been prevented by reasonable precautions then the Mangalam Jeweller shall in to be excused and discharged from such performance to the extent of and during the period of such force majeure event, and such non-performance shall, in no manner whosoever, amount to a breach by the TunchPe/Mangalam Jeweller of its obligations herein. Absence of relationship: You represent and warrant to TunchPe/Mangalam Jeweller that You have sufficient experience and knowledge to make informed decisions to purchase/ redeem/ / sale-back Gold/Silver/Redeemable Products. You acknowledge that You are making all of Your own decisions in connection with purchases or redemption or sale-back and that You have not relied on any information made available by TunchPe/Mangalam Jeweller, and that TunchPe/Mangalam Jeweller is not making any recommendation with respect to such purchases/redemption/sale-back/ of Gold/Silver/Redeemable Products. No relationship other than seller-purchase, including, without limitation, any agent-principal relationship, any advisor-advisee relationship, any employee-employer relationship, any franchisee-franchisor relationship, any joint venture relationship or any partnership relationship, exists between You and Mangalam Jeweller.

Electronic Order Risks: Order entry systems have been designed to provide an efficient and dependable method for entering orders. Commercial internet service providers are not 100% reliable and a failure by one or more of these providers may affect internet-based order entry. You acknowledge that the order entry system is an electronic mechanical system and as such may be subject to failure beyond the control of TunchPe/Mangalam Jeweller. Therefore, TunchPe/Mangalam Jeweller shall not be responsible for errors, negligence, inability to execute orders, delays in transmission, delivery or execution of order due to breakdown or failure of transmission or communication facilities, or to any other cause beyond TunchPe/Mangalam Jeweller’s control or anticipation. You acknowledge that pricing or typographical errors may occur and that therefore, in the event that a product is listed at an incorrect price or with incorrect information due to an error in pricing or product information, TunchPe/Mangalam Jeweller reserves the right, at our sole discretion, to refuse or cancel or reject any orders placed for the products. Furthermore, Mangalam Jeweller reserves the right to deny refuse or cancel or reject any orders placed in case of market volatility and/ or unusual circumstances or conditions. This includes, without limitation, unexpected unavailability of product/Gold/Silver.

Customer responsibility for taxes, tariffs and duties: You acknowledge that You are solely responsible for all taxes, tariffs and duties that may be incurred as a result of purchase/redemption/ of Gold/Silver/Redeemable Products. TunchPe/Mangalam Jeweller will only collect taxes, tariffs and duties on transactions to the extent explicitly required by law. It is Your responsibility to be aware and properly address any taxes, tariffs and duties to which You may be subject by any local, state and/ or federal governments. If You have any questions about taxes, tariffs and duties, You should consult a tax or other professional about Your unique circumstances. TunchPe/Mangalam Jeweller does not represent to provide advice or recommendations about Your specific taxes, tariffs and duties and any statements made by us are only for the purpose of raising issues for You to discuss with Your tax or other professional.

Indemnification: Customer hereby agrees to indemnify and keep TunchPe indemnified from and against all actions, claims, demands, proceedings, losses, damages, personal injury, costs, charges and expenses, directly or indirectly, whatsoever (‘Losses’) which TunchPe or its employees, agents, workers or representative may at any time incur, sustain, suffer or be put to as a consequence of or by reason of or arising out of: the usage of the Platform by the Customer; by reason of Mangalam Jeweller ‘s acting in good faith and taking or refusing to take or omitting to take action on the Customer’s instructions, and in particular arising directly or indirectly out of the negligence, mistake or misconduct of the Customer; breach or noncompliance of the Terms and relating to the Gold/Silver account; and/or fraud or dishonesty relating to any transaction by the Customer. Without prejudice to the foregoing, TunchPe shall be under no liability whatsoever to the Customer in respect of any loss or damage arising directly or indirectly out of: Effecting transaction based on instructions received from Customers, The instruction of a Customer to transfer Gold/Silver from his / her Gold/Silver account to another Gold/Silver account,

The exercise by Mangalam Jeweller of its right to terminate / exercise the facility/services provided on the Platform,

Any injury to the credit, character and reputation of the Customer due to use of facility/ services on the Platform,

Any misstatement, misrepresentation, error or omission in any details disclosed by TunchPe/Mangalam Jeweller if it receives any process, summons, order, injunction, execution distrait, levy lien, information or notice which TunchPe/Mangalam Jeweller in good faith believes/ calls into question the Customer’s ability, or the ability of someone purporting to be authorised by the Customer, to make the transfer, Mangalam Jeweller may, at its option and without liability to the Customer or such other person, decline to allow the Customer to obtain any portion of his Gold/Silver/ product, or may handover such Gold/Silver/product over to an appropriate authority and take any other steps required by applicable law.

Disclaimers and limits of liability: TunchPe/Mangalam Jeweller does not make any representations, recommendations, projections, warranties or guarantees of any kind, either expressed or implied, as to the performance of its Gold/Silver/Redeemable Products with respect to future prices or any return on investment. TunchPe/Mangalam Jeweller will not be liable to any Customer (including but not limited to Transferee) for any Losses caused by or relating to transfer/deposit of Gold/Silver to Gold/Silver account of any other Customer. TunchPe/Mangalam Jeweller explicitly urges to all its Customers to inspect the package for any damage or tamper before receiving or signing for receipt. If You find any tampering, do not accept the parcel and return the same. Mangalam Jeweller will not be liable for any loss or damage caused if the Customer accepts the parcel inspite of it being damaged or tampered. The duty to verify the parcel for any damages or tampering is of the Customer and if the Customer accepts the parcel and later comes to know of any damage or tampering, TunchPe/Mangalam Jeweller shall not be liable for any loss or damage to Customer. If such loss is later reported and approved by logistics partner and Insurance Company, the limit of liability shall be restricted to the amount paid by the logistic partner for such loss or damage in transit as per their terms and conditions and the same shall be binding upon the Customer.

You acknowledge that TunchPe/Mangalam Jeweller will not be liable to You or any other person as a result of Your access or use of Gold/Silver/Redeemable Product for indirect, consequential, special, incidental, punitive, or exemplary damages, including, without limitation, lost profits, lost savings and lost revenues (collectively, the “excluded damages”), whether or not characterized in negligence, tort, contract, or other theory of liability. In no event will TunchPe/Mangalam Jeweller or any of its directors, employees total liability to You for all damages, losses, liabilities and causes of action under these Terms and the facility/ services provided by TunchPe/Mangalam Jeweller collectively exceed total amount paid by You, if any, for access to that particular products or services. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

You declare that You are an individual not having registration and neither required to take registration under Central Goods and Service Tax Act 2017, State Goods and Service Tax Act 2017, Integrated Goods and Service Tax Act 2017 and Union Territory Goods and Service Tax Act 2017.

You declare that Gold/Silver You are selling was previously owned by You for personal use.

You declare that You are not an unregistered dealer of Gold/Silver or any other precious metal ornament or any related product.

If found of any misrepresentation then You would be solely responsible for all types the tax, interest and penalty due to the government at any given point of time. Mangalam Jeweller Terms & Conditions These “Terms” and “Conditions of Use” (“Terms/Mangalam Jeweller Terms and Conditions”) constitute an electronic record within the meaning of the applicable laws. This electronic record is generated by a computer system and does not require any physical or digital signatures. These Terms shall be in addition to and not in derogation to any other terms as stipulated from time to time. By using this facility on the TunchPe Platform, You are agreeing to and accept these Terms. A. Gold/Silver Accumulation Plan Terms and Conditions Please read these Terms carefully.

In these Terms, references to “You/you/Your”, or “Customer” shall mean the counterparty who transacts using the TunchPe Platform/Platform, being a natural person, buying Gold/Silver, redeeming Gold/Silver in the form of redeemable products, selling back Gold/Silver to Mangalam Jeweller. “Platform” shall mean, and include, the platforms (website, mobile apps, others) of Mangalam jeweller that the Customer accesses for the transactions, including all contents, services and technology offered through the Platform. “Service Providers” mean independent third party service providers, and references to the “Seller”, “Mangalam Jeweller”, “we/We”, “us” and “our” shall mean Mangalam Jeweller Gold/Silver Private Limited. “Customer’s Gold/Silver Accumulation Plan Account”/ (“GAP account”)” shall mean Gold/Silver accumulation plan account of the individual Customer identified through his/her TunchPe account based in the registered mobile number present in records of Mangalam jeweller. “Transfer” refers to a facility to transfer Gold/Silver from a GAP account to another Customer’s GAP account.

Mangalam Jeweller or TunchPe may revise these Terms from time to time and at any time. Such changes shall be effective when posted on the Platform and shall be deemed to be notified to the Customer. If you do not agree to be bound by these Terms and Conditions of Access and Use, as modified from time to time, you should leave the Platform immediately.

Mangalam Jeweller/TunchPe shall be entitled to collect and store relevant information and documents provided by the Customer. Further, as and when required by Mangalam Jeweller / TunchPe based on the government regulations, the Customer will be required to provide additional documents for fulfilling the KYC requirements. You authorize Mangalam Jeweller and TunchPe to make such enquiries as they may feel necessary to satisfy themselves about the validity of Your identity. You undertake to update us and TunchPe in case of change of Your existing information or verification documents provided by You.

You agree to provide true, accurate, current and complete information about yourself as prompted by the Platform and maintain and promptly update to keep it true, accurate, current and complete. If You have reasons to believe that there is an error in the information furnished to Mangalam Jeweller /TunchPe You shall immediately advice the Mangalam Jeweller / One 97 in writing and forthwith provide correct / updated information.

If you provide any information that is untrue, inaccurate, not current or incomplete, or Mangalam Jeweller/TunchPe has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Mangalam Jeweller/TunchPe has the right to suspend or terminate your account/GAP account and refuse any and all current or future use of the Platform (or any portion thereof) without any liability to you. You hereby undertake to indemnify and keep indemnified TunchPe against any and all losses, claims, liabilities costs etc. which arise out of or relating to Your failure to identify Yourself and validate Your account/GAP account promptly and / or due to incorrect KYC documents / information.

You can offer to buy Gold/Silver worth Rs. 1.00 (Rupee One Only) and above incremental value thereof at the live purchase price of Gold/Silver of 99 to 99.99%% purity displayed on the Platform.

Payment will be accepted only through Your TunchPe wallet or other payment options made available on the Platform. At the time of purchase / redemption / sale-back / transfer of Gold/Silver, the relevant taxes will be chargeable as applicable as per the Government regulations.

At the time of redemption, the Customer can select redeemable product for redemption from catalogue of redeemable products. These redeemable products will be hosted on the Platform. The list of redeemable products may be altered, changed and amended by Mangalam Jeweller from time to time at its sole discretion. At the time of redemption in physical deliverable product form, the Customer will pay additional making and delivery charges and applicable taxes on the same. The redeemable product selected from the catalogue for delivery shall be subject to availability of stock with Mangalam Jeweller.

For each confirmed purchase of Gold/Silver by the Customer, Mangalam Jeweller will transfer the metal to the vaulting agencies and it will be held there, under the supervision of an independent trustee, till (a)) sell-back by the Customer, (b) redemption by the Customer.

The Customer will have the option of redeeming and asking for physical delivery of the full or part of the accumulated Gold/Silver holding, in the form of redeemable products made available on the Platform from time to time. The residual fractional Gold/Silver remaining, upon redemption / Transfer by You of the entire Gold/Silver holding, can be sold back by You to us at the live sell-back price of Gold/Silver of 99 to 99.99%% purity and the corresponding amount against the residual fractional Gold/Silver sold by You will be credited in Your TunchPe wallet instantly. You need to pay the applicable making and delivery charges from Your TunchPe wallet or other payment instruments made available on the Platform in order to redeem the redeemable product of Your choice.

Once the redemption has been initiated by You and payment received then Your Gold/Silver grams will be debited accordingly from Your GAP account. Mangalam Jeweller may also, from time to time in future, offer/permit the Customer to sell-back its Gold/Silver in fraction to Mangalam Jeweller at prevailing live sell-back price of Gold/Silver of 99 to 99.99% purity, during the offer period as may be announced / permitted by Mangalam Jeweller. The money against the fractional Gold/Silver sold by a Customer would be credited to the Customer. Live purchase price of Gold/Silver will be displayed on the Platform and is subject to change from time to time. At the time You make request for redemption / sell-back, the value of Gold/Silver / quantity of Gold/Silver to be redeemed / sold back will be displayed based on live sell-back price of Gold/Silver. The live purchase price of Gold/Silver and live sell-back price of Gold/Silver may vary and also may be different from that available in the open market and/or in any other retail outlet. Your offer may be rejected irrespective of whether an item has been earmarked/wish listed by a Customer. In such an event if You still wish to offer to purchase Gold/Silver or sell-back residual fractional Gold/Silver, You may make another offer at the changed price. Mangalam Jeweller/TunchPe disclaims any and all claims and/or liabilities arising from such non acceptance of offer or revision in prices. While availing any of the payment method/s available on the Platform,

Mangalam Jeweller/TunchPe will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to the Customer due to:

Lack of authorization for any transaction/s, Exceeding the preset limit mutually agreed by and between the Customer and relevant banks of the Customer, Any payment issues arising out of the transaction, Illegitimacy of the payment methods (credit/debit card frauds etc.) being used by a Customer; Temporarily discontinuation of invitation to offer; and / or Decline of transaction for any reason(s) whatsoever. Mangalam Jeweller may, at its discretion, prescribe maximum individual/cumulative limits for Customers to accumulate Gold/Silver or transfer Gold/Silver through this scheme from time to time, and reserves the right to refuse to accept order exceeding such limit.

At any point of time on any day Mangalam Jeweller may temporarily discontinue the invitation to offer for any reason whatsoever. Mangalam Jeweller will, at its discretion, close down GAP account of Customers, if (a) they are inactive accounts,(for six months) (b) if Mangalam Jeweller decides to discontinue the scheme. In such an event, Customers will be required to redeem and / or sell-back their Gold/Silver holdings. In the event the Customer chooses not to respond, then Mangalam Jeweller reserves the right to repurchase the Gold/Silver holding of the Customer, at the then prevalent live sell-back price. Any Gold/Silver lying in vault, and business deposit is non transferrable unless specifically allowed by Mangalam Jeweller. However in case of death or insanity, Mangalam Jeweller shall transfer such Gold/Silver, and advance balance to Your legal heir(s) after the required due diligence and Your legal heir(s) shall be regarded as the registered user thereafter.

The Customer will not be entitled to redeem the Gold/Silver if the zip code of delivery address is outside serviceable areas. At time of redemption the Customer will be required to provide full delivery address. All redeemable products selected for delivery by Customer for redemption, shall be delivered within India as per instructions of the Customer through our/TunchPe’s logistics partners. All deliveries where applicable shall be made on a best efforts basis, and while Mangalam Jeweller/TunchPe will endeavor to deliver the products on the dates intimated, Mangalam Jeweller/TunchPe disclaims any claims or liabilities arising from any delay in this regard.

The logistics partner will make a maximum of three attempts to deliver Your order. After three attempts Gold/Silver coin will be delivered back to Mangalam Jeweller and Customer will need to put the fresh request for the redemption. Mangalam Jeweller/TunchPe shall not be liable / responsible, in any manner whatsoever, for any loss / liability arising out of or relating to any technical failure / issue in Platform and / or acts / omission not attributable to Mangalam Jeweller/TunchPe.

Notwithstanding anything contrary contained herein, the service, the interface and API work, and their respective information, pricing and data, and availability are subject at any time and from time to time to human, mechanical, typographic, or other errors, oversights, mistakes, limitations, delays, service interruptions, including, without limitation, as may be due in whole or in part to, related to or arising out of (i) computer hardware and software, telecommunication and operating systems, databases, or business processes and procedures, other problems inherent in, or which may be associated with, the use of the internet and electronic communications including, without limitation, force majeure event , government / regulatory actions, orders, notifications etc. and / or and acts and omissions of third parties etc. affecting or impacting the service, the interface or the API work, its information and data, or such communications. Customer acknowledges and agrees that Mangalam Jeweller/TunchPe is not responsible or liable whatsoever for delays, failures, or other loss due to, caused by or resulting from any such problems, in whole or in part. If your GAP account is over credited or wrongfully credited / debited, then Mangalam Jeweller/TunchPe has right to reverse / cancel without notice or require cancellation / reversal of such transaction at its sole discretion and debit / credit the Gold/Silver to / from your GAP account, as the case may be. Mangalam Jeweller/TunchPe shall not be liable for any wrong transfer of Gold/Silver by you to another GAP account (including but not limited to transfer to a different user / customer etc.) and the Gold/Silver grams shall not be reversed to you in case of an erroneous transfer and / or in case the transferee has already transacted the Gold/Silver transferred.

Upon Mangalam Jeweller confirming the purchase, redemption, sale-back of Gold/Silver in his / her GAP account by Customer, the order / request of Customer to purchase / redemption / sale-back / transfer, as the case may be, shall be binding on the Customer and cannot be cancelled.

The Customer shall inform immediately, in any case no later than [30] days of the transaction, of any irregularities or discrepancies that may exist in his/her GAP account, failing which it shall be deemed that there is no error or discrepancies in the GAP account. All records maintained by Mangalam Jeweller/TunchPe, in electronic or documentary form of the instructions of the Customer and such other details (including, but not limited to payments made or received) pursuant to the Terms, shall as against the Customer, be deemed to be conclusive evidence of such instructions.

The Customer understands and acknowledges that any purchase, redemption, sale-back or transfer from / to GAP account will be on instructions received by the Customer, and the Customer will not violate any applicable laws or regulations for the time being in force in or outside India. The Customer shall be responsible for complying with applicable laws in respect of purchase, redemption, sale-back to and from the GAP account including but not limited to the Prevention of Money Laundering Act, 2002, the Prohibitions of Benami Property Transactions Act, 1998, Income Tax Act, 1961 etc including amendment thereof. Customer also agrees and undertakes that he /she will not open any account/GAP account in the name of any minor. Mangalam Jeweller/TunchPe will not be liable in any manner in this regard.

The Customer feedbacks pertaining to products shall be deemed to be non-confidential and non-compensatory in nature. Mangalam Jeweller/TunchPe reserves the right, at its sole discretion to use such information for its internal purposes. In the event of termination / expiry of Mangalam Jeweller’s arrangement with TunchPe or otherwise at any point of time, Mangalam Jeweller and/or TunchPe may notify You to sell back Your Gold/Silver balance to Mangalam Jeweller or migrate Your GAP account to an alternative platform and continue with GAP account on such alternative platform (as decided by Mangalam Jeweller/TunchPe).

These Terms shall be governed by and interpreted and construed in accordance with the laws of India. The courts in Sriganganagar,Rajasthan shall have exclusive jurisdiction in respect of any matters arising therefrom.

Force Majeure: If performance under these Terms by TunchPe/Mangalam Jeweller is prevented, restricted, delayed or interfered with by reason of labor disputes, strikes, acts of God, floods, lightning, severe weather, shortages of materials, rationing, inducement of any virus, Trojan or other disruptive mechanisms, any event of hacking or illegal usage of the Platform, utility or communication failures, earthquakes, war, revolution, acts of terrorism, civil commotion, acts of public enemies, blockade, embargo or any law, order, proclamation, regulation, ordinance, demand or requirement having legal effect of any government or any judicial authority or representative of any such government, or any other act whatsoever, whether similar or dissimilar to those referred to in this clause, which are beyond the reasonable control of the TunchPe/Mangalam Jeweller and could not have been prevented by reasonable precautions then the Mangalam Jeweller/TunchPe shall in to be excused and discharged from such performance to the extent of and during the period of such force majeure event, and such non-performance shall, in no manner whosoever, amount to a breach by the TunchPe/Mangalam Jeweller of its obligations herein.

Absence of relationship: You represent and warrant to TunchPe/Mangalam Jeweller that You have sufficient experience and knowledge to make informed decisions to purchase/ redeem/ sale-back Gold/Silver/Redeemable Products. You acknowledge that You are making all of Your own decisions in connection with purchases or redemption or sale-back and that You have not relied on any information made available by TunchPe/Mangalam Jeweller, and that TunchPe/Mangalam Jeweller is not making any recommendation with respect to such purchases/redemption/sale-back/ of Gold/Silver/redeemable products. No relationship other than seller-purchaser, including, without limitation, any agent-principal relationship, any advisor-advisee relationship, any employee-employer relationship, any franchisee-franchisor relationship, any joint venture relationship or any partnership relationship, exists between You and Mangalam Jeweller. Further, these Terms do not constitute any agent-principal relationship, any advisor-advisee relationship, any employee-employer relationship, any franchisee-franchisor relationship, any joint venture relationship or any partnership relationship between You and TunchPe.

Electronic Order Risks: Order entry systems have been designed to provide an efficient and dependable method for entering orders. Commercial internet service providers are not 100% reliable and a failure by one or more of these providers may affect internet-based order entry. You acknowledge that the order entry system is an electronic mechanical system and as such may be subject to failure beyond the control of TunchPe/Mangalam Jeweller. Therefore, TunchPe/Mangalam Jeweller shall not be responsible for errors, negligence, inability to execute orders, delays in transmission, delivery or execution of order due to breakdown or failure of transmission or communication facilities, or to any other cause beyond TunchPe/Mangalam Jeweller’s control or anticipation. You acknowledge that pricing or typographical errors may occur and that therefore, in the event that a product is listed at an incorrect price or with incorrect information due to an error in pricing or product information, TunchPe/Mangalam Jeweller reserves the right, at our sole discretion, to refuse or cancel or reject any orders placed for the products. Furthermore, Mangalam Jeweller/TunchPe reserves the right to deny refuse or cancel or reject any orders placed in case of market volatility and/ or unusual circumstances or conditions. This includes, without limitation, unexpected unavailability of product/Gold/Silver.

Customer responsibility for taxes, tariffs and duties: You acknowledge that You are solely responsible for all taxes, tariffs and duties that may be incurred as a result of purchase/redemption/ of Gold/Silver/redeemable products. TunchPe/Mangalam Jeweller will only collect taxes, tariffs and duties on transactions to the extent explicitly required by law. It is Your responsibility to be aware and properly address any taxes, tariffs and duties to which You may be subject by any local, state and/ or federal governments. If You have any questions about taxes, tariffs and duties, You should consult a tax or other professional about Your unique circumstances. TunchPe/Mangalam Jeweller does not represent to provide advice or recommendations about Your specific taxes, tariffs and duties and any statements made by us are only for the purpose of raising issues for You to discuss with Your tax or other professional.

the usage of the Platform by the Customer; by reason of Mangalam Jeweller ‘s acting in good faith and taking or refusing to take or omitting to take action on the Customer’s instructions, and in particular arising directly or indirectly out of the negligence, mistake or misconduct of the Customer; breach or noncompliance of the Terms and relating to the GAP account; and/or fraud or dishonesty relating to any transaction by the Customer. Without prejudice to the foregoing, TunchPe shall be under no liability whatsoever to the Customer in respect of any loss or damage arising directly or indirectly out of: (i) Effecting transaction based on instructions received from Customers, (ii) The instruction of a Customer to transfer Gold/Silver from his / her GAP to another GAP, (iii) The exercise by Mangalam Jeweller of its right to terminate / exercise the facility/services provided on the Platform, (iv) Any injury to the credit, character and reputation of the Customer due to use of facility/ services on the Platform, (v) Any misstatement, misrepresentation, error or omission in any details disclosed by TunchPe if it receives any process, summons, order, injunction, execution distrait, levy lien, information or notice which TunchPe in good faith believes/ calls into question the Customer’s ability, or the ability of someone purporting to be authorized by the Customer, to make the transfer.

Mangalam Jeweller/TunchPe may, at its option and without liability to the Customer or such other person, decline to allow the Customer to obtain any portion of his Gold/Silver/ product, or may handover such Gold/Silver/product over to an appropriate authority and take any other steps required by applicable law.

Disclaimers and limits of liability: TunchPe does not make any representations, recommendations, projections, warranties or guarantees of any kind, either expressed or implied, as to the performance of the Gold/Silver/Redeemable Products with respect to future prices or any return on investment. TunchPe will not be liable to any Customer (including but not limited to Transferee) for any losses caused by or relating to transfer/deposit of Gold/Silver to GAP account of any other Customer. TunchPe explicitly urges to all its Customers to inspect the package with the Gold/Silver product (“Package”) for any damage or tampering before receiving or signing for receipt. Any complaint / issue with respect to the quantity, make, quality etc., of the product/Gold/Silver product delivered to a Customer(s) must be raised by the Customer(s) within a period of 7 days from the date of delivery. TunchPe/Mangalam Jeweller will not be liable for any loss or damage caused if the Customer accepts Package in spite of it being damaged or tampered. If You find any tampering, do not accept Package and return the same. The duty to verify the Package for any damages or tampering is of the Customer and if the Customer accepts the Package and later comes to know of any damage or tampering, TunchPe/Mangalam Jeweller shall not be liable for any loss or damage to Customer. If such loss is later reported and approved by logistics partner and insurance company, the limit of liability shall be restricted to the amount paid by the logistic partner for such loss or damage in transit as per their terms and conditions and the same shall be binding upon the Customer.

You acknowledge that TunchPe will not be liable to You or any other person for indirect, consequential, special, incidental, punitive, or exemplary damages, including, without limitation, lost profits, lost savings and lost revenues (collectively, the “excluded damages”), whether or not characterized in negligence, tort, contract, or other theory of liability. In no event will TunchPe or any of its directors, employees total liability to You for all damages, losses, liabilities and causes of action under these Terms and the facility/ services provided by TunchPe collectively exceed total amount paid by You, if any, for access to that particular products or services. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. You expressly agree that use of the Platform is at your sole risk. While we/TunchPe will take all reasonable precautions to ensure uninterrupted and error-free operations, your access and use of the Platform is at your sole risk. The service is provided on an “as is” and “as available” basis. We/TunchPe and our licensors, suppliers, vendors, parent, holding, subsidiary and related companies, affiliates, officers, agents and employees expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. In no event shall Mangalam Jeweller/TunchPe be liable for any direct, indirect, incidental, special, punitive, consequential damages, or any damages whatsoever, including, but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses resulting from:

The use or the inability to use our services or access content, The cost of procurement of substitute goods and services resulting from transactions entered into through or from the Platform,

The unauthorized access to or alterations of your transmissions or data, Statements or conduct of any third party on the service, or Any other matter relating to any service or product offered, delivered or agreed to be delivered, even if Mangalam Jeweller/One 97 has been advised of the possibility of damages.

You declare that Gold/Silver You are selling was previously owned by You for personal use.

You declare that You are not an unregistered dealer of Gold/Silver or any other precious metal ornament or any related product. If there has been any misrepresentation by You, You would be solely responsible for all types the tax, interest and penalty due to the government at any given point of time.

Except where noted otherwise, the prices displayed for products on the Platform represents the value of the respective product. For certain transactions, you shall bear fees and charges in addition to payment for prices displayed on the Platform. Such additional fees and charges shall be as are stated on the Platform. Please pay attention to the details of your transactions, because your total price for a transaction may include taxes, fees and shipping costs, which you are responsible for paying.

Promotional Gold/Silverback Terms & Conditions

If you already have a Gold/Silver Accumulation Plan Account (GAP) with required Gold/Silver seller (Mangalam Jeweller for 24k 99 to 99.5% Purity Gold/Silver & Mangalam Jeweller for 24k 99 to 99.5% Purity Gold/Silver), Gold/Silver will be credited in that account otherwise a new GAP account will be created for you. GAP accounts are offered and created by Mangalam Jeweller/Mangalam Jeweller. Successful application of Gold/Silverback promo code would authorize TunchPe to place an order for you with required Gold/Silver seller for the promotional amount due to you as Cashback. The invoice of such an order would bear your name and would be useful for tax purposes.

If Pin Code is already provided in the GAP account then that will be used otherwise the new account would assume a Pin Code – 335001 for Mangalam Jeweller’s GAP account and 335001 for Mangalam Jeweller’s GAP account. These are based on Gold/Silver seller’s location.

3% GST would be applicable on the purchase of Gold/Silver from Mangalam Jeweller/Mangalam Jeweller and would be paid from the cashback amount due to you. In case you want to sell your Gold/Silver, you will have to provide your bank account number to which funds can be credited.

In case the Gold/Silver can’t be credited to your GAP account due to KYC or any other reason, TunchPe will credit Cashback in your TunchPe wallet in case of such failures. The price of Gold/Silver used is the Buy price plus applicable taxes at the time of credit of Gold/Silver to your GAP account.

Buy Price of Gold/Silver can be different from the Sell Price of Gold/Silver and TunchPe is not liable for price difference and price movements of Your Gold/Silver Gold/Silver will be credited within 24-48 hours of a successful transaction. In case of any cancellations and returns of Your order, value of Gold/Silver as per the promotional campaign amount would be adjusted from the refund amount, if any. Gold/Silver bought on Your behalf under this scheme would not be returned or refunded. Gold/Silver transaction can be seen under ‘Gold/Silver Passbook’ when you click on Gold/Silver icon on TunchPe App and visit ‘Locker’. Please upgrade to latest App version first

Please read these terms of use carefully.

By accessing the TunchPe Platform and agreeing to initiate/opt for Gold/Silver Savings Plan, you agree to be bound by the terms of use below. These terms of use are subject to change. Any changes will be incorporated into the terms of use posted to TunchPe Platform from time to time. If you do not agree with these terms of use, please do not access/initialize/opt-for Gold/Silver Savings Plan.

Gold/Silver Savings Plan – Terms & Conditions This document is published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 which require the publishing of the rules and regulations governing the use and access of “Gold/Silver Savings Plan” (defined below) on www.TunchPe.com and/or TunchPe mobile application and/or any other payment facilitation mode/tools offered by TunchPe to its Customer(s), including without limitation, any offline and/or online payment mode(s)/tools, or any other portal as may be launched by Mangalam Jeweller (“TunchPe Platform”).

These following terms and conditions (“Gold/Silver Savings T&Cs”) shall be applicable to the Gold/Silver Savings Plan (more specifically defined hereinafter) provided by TunchPe and shall be read in conjunction with Mangalam Jeweller Terms and Conditions, Gold/Silver Transfer / Gold/Silver M2M Transfer and Promotional TunchPe Gold/Silver (Gold/Silverback) Terms & Conditions, present on TunchPe Platform. The Gold/Silver Savings T&Cs would always be in addition to the Mangalam Jeweller Terms and Conditions and all such Mangalam Jeweller Terms and Conditions are incorporated herein by way of reference. In an event of any conflict between the Mangalam Jeweller Terms and Conditions and the provisions of these Gold/Silver Savings T&Cs, the Gold/Silver Savings T&Cs shall prevail. By applying for and accessing the Gold/Silver Savings Plan, the Customer accepts these Gold/Silver Savings T&Cs. This Gold/Silver Savings T&Cs are electronic record generated by a computer system and does not require any physical or digital signatures.

In these Gold/Silver Savings T&Cs, references to “You”, or “Customer” shall mean the counterparty who transacts using the TunchPe Platform, being a natural person, buying Gold/Silver, redeeming Gold/Silver in the form of redeemable products, selling back Gold/Silver to Mangalam Jeweller. “TunchPe Platform” shall mean, and include, the platforms (website, mobile apps, others) of Mangalam Jeweller, that the Customer accesses for the transactions, including all contents, services and technology offered through the TunchPe Platform. “Seller” shall mean “Mangalam Jeweller”, “we”, “us” and “our” shall mean Mangalam Jeweller India Private Limited.

We reserve the right to change these Gold/Silver Savings T&Cs at any time. Such changes will be effective when posted on TunchPe Platform and shall be deemed to be notified to the Customer accordingly. Notwithstanding anything contrary, Customer shall be responsible for regularly reviewing the Gold/Silver Savings T&Cs, including amendments thereto as may be posted on the TunchPe Platform and shall be deemed to have accepted the amended Gold/Silver Savings T&Cs by continuing the use of TunchPe Platform and continuance of the Gold/Silver Savings Plan. Further, as and when required by Mangalam Jeweller and/or TunchPe, the Customer will be required to provide additional documents for fulfilling the KYC requirements. You authorize Mangalam Jeweller and TunchPe to make such enquiries as they may feel necessary to satisfy themselves about the validity of Your identity. We reserve the right to terminate any Gold/Silver account, with or without notice to You, in the event the KYC documents / information are found to be incorrect or authenticity of the documents / information is found to be doubtful. You hereby undertake to indemnify and keep indemnified Mangalam Jeweller and/or TunchPe against any and all losses, claims, liabilities costs etc. which arise out of or relating to Your failure to identify Yourself and validate Your account promptly and / or due to incorrect KYC documents / information.

Definitions

In this document the following words and phrases have the meanings set opposite them and/or Mangalam Jeweller Terms and Conditions, unless the context indicates otherwise:

“Bill” shall means an invoice or order or bill or a commercial document, in electronic or physical form, issued by a the Seller pertaining to a transaction of sale setting out the details of the nature of the products or services, agreed and/or communicated prices and amounts due and payable in respect of the products or services sold by the Seller to the Customer.

“Customer’s Gold/Silver Accumulation Plan Account”/ (“GAP”)” shall mean Gold/Silver accumulation plan account of the individual customer identified through his/her TunchPe account based in the registered mobile number present in records of TunchPe. “Gold/Silver Savings Plan” shall mean Gold/Silver purchase service offered by TunchPe in terms of Mangalam Jeweller Terms and Conditions, wherein the Customer can schedule self-planned periodic purchase of the Gold/Silver offered by the Seller on TunchPe Platform, of particulars of the denomination in terms of weight (grams) or of a particular monetary value in INR, on a regular/periodic interval which the Customer decides and opts, as per the selections made by the Customer himself on TunchPe Platform, designated for activation/modification/withdrawal of the periodic Gold/Silver purchase, only through the selected payment modes, which can only be a valid debit Card or a valid credit Card.

“Instruction” shall mean such periodicity and quantity (in weight or monetary value in INR) which the Customer sets at his own will for periodic purchase of Gold/Silver on TunchPe Platform along with instructions to charge his/her valid Card for such periodic purchase. The Instruction can be modified and/or altered and/or stopped at any-time at the free will of the Customer before the Selected Purchase Date. “Card” shall mean a card issued by the issuing bank under a Card program of Mastercard or VISA or Rupay networks which shall function as a debit/credit card and used and registered by the Customer on the TunchPe Platform.

“Selected Purchase Date(s)” shall mean the date selected by the Customer at the time of setting/registration of the Instruction, by selecting the date on which the Instructions for purchase of the Gold/Silver as per the details present in the Instruction, indicating the date on which the purchase of Gold/Silver as per the Instructions needs to be made. The Selected Purchase Date shall also be dependent on the periodicity with which the Instructions is registered to be implemented.

Gold/Silver Savings Plan Registration, Instruction Implementation and Related Process: The Customer shall login to the TunchPe Platform and shall go to the inbuilt link relating to registration for the Gold/Silver Savings Plan. Upon visiting the link the Customer shall register the Instructions by putting-in the necessary details for setting up of the Instructions, including without limitation, (i) particulars of denomination of Gold/Silver to be purchased on Selected Purchase Date by either selecting (a) the weight (in grams) (b) the monetary amount (in INR) for which the purchase of Gold/Silver needs to be made; (ii) to register the Selected Purchase Date; (iii) the periodicity/intervals in which the purchase Instruction needs to be implemented; and (iv) to register a valid Card which shall be charged for implementing the Instructions for purchase of the Gold/Silver (“Customer Registered Card”), on the TunchPe Platform (“Gold/Silver Savings Plan Registration”). TunchPe shall accordingly intimate the Customer regarding the success or failure of the Gold/Silver Savings Plan Registration.

TunchPe shall notify the Customer of the upcoming Selected Purchase Date via SMS, email and push notifications to the registered mobile numbers and/or email addresses last registered with TunchPe records, two (2) day before the upcoming Selected Purchase Date and again post the successful implementation of the Instruction. The Customer can enable or disable the Instruction at any point of time by clicking the appropriate settings on TunchPe Platform before the Selected Purchase Date. By registering the Instructions for the Gold/Silver Savings Plan the Customer hereby expressly agree and confirm to purchase the Gold/Silver at the live purchase price of the Gold/Silver of 99 to 99.99% purity on all the Selected Purchase Date for the period till when the Instructions are not withdrawn or disabled. The Customer hereby expressly waive any right to dispute the live purchase price of the Gold/Silver of 99 to 99.99% purity appearing on TunchPe Platform on the Selected Purchase Date(s).

Live purchase price of Gold/Silver displayed on TunchPe Platform is subject to change from time to time. The live purchase price of Gold/Silver and live sell-back price of Gold/Silver may vary and also may be different from that available in the open market and/or in any other retail outlet. At the time Customer makes a request for redemption / sell-back, the value of Gold/Silver / quantity of Gold/Silver to be redeemed / sold back will be displayed based on live sell-back price of Gold/Silver. Customer can offer to buy Gold/Silver worth Rs. 1.00 (Rupee One Only) and above incremental value thereof at the live purchase price of Gold/Silver of 99 to 99.99% purity displayed on the TunchPe Platform.

Payment for the purchase of the Gold/Silver as per the Instruction will be accepted only through Card registered and/or selected (as the case may be) by the Customer at the time of registration of the Instructions on the TunchPe Platform. At the time of purchase / redemption / sale-back / transfer of Gold/Silver, the relevant taxes will be chargeable as applicable as per the Government regulations.

Upon registration for the Gold/Silver Savings Plan, if the Customer already has an existing Gold/Silver Accumulation Plan Account (GAP), Gold/Silver will be credited in such account, otherwise a new GAP account will be created for such Customer. The Customer’s GAP would be created in recipient Customer’s name as per the Customer KYC details along with the registered mobile number to be provided to TunchPe. In case, if KYC is required, the same shall be provided by the Customer having the GAP. Customer hereby expressly agree to provide his/her KYC documents to TunchPe and/or Mangalam Jeweller to validate TunchPe account and/or Customer’s GAP, if, (a) the purchase quantity or purchase monetary value of the Gold/Silver is over and above an amount of INR 49,999/-; or (b) when the cumulative lifetime Gold/Silver purchases in the Customer’s GAP crosses INR 49,999/-.

At the time of redemption in physical deliverable product form, the Customer will be required to pay additional manufacturing and delivery charges and applicable taxes on the same. The redeemable product selected from the catalogue for delivery shall be subject to availability of stock with the Mangalam Jeweller.

For each confirmed purchase of Gold/Silver and/or purchase of Gold/Silver basis the Instructions as per the Gold/Silver Savings Plan by the Customer , Mangalam Jeweller India will be the custodian of the metal, till (a) sell-back by the Customer, (b) redemption by the Customer, or (c) expiry of Custody Period. For the purpose of this clause, “Custody Period” shall mean a period of 5 years from each separate purchase of Gold/Silver by the Customer. The Gold/Silver purchased by the Customer or transferred to Customer’s Gold/Silver account will be allocated and stored in a highly advanced and secured vault of Mangalam Jeweller, with full insurance cover.

If, Customer redeems his/her Gold/Silver after the Custody Period, additional charges will be levied and Customer hereby agreed to bear the same and waives all its right to dispute the same in future for any reason whatsoever.

Customer hereby agrees and confirms that while availing any of the services, including without limitation, buying of Gold/Silver and/or availing Gold/Silver Savings Plan available on the Platform, TunchPe/Mangalam Jeweller will not be responsible or will assume any liability, whatsoever, of any nature, in respect of any loss, cost, damage (direct or indirect), loss of profit, fee, liability, arising directly or indirectly to the Customer due to:

lack of authorization for any transaction/s, exceeding the present limit mutually agreed by and between the Customer and relevant banks of the Customer,

any payment issues arising out of the transaction, illegitimacy of the payment methods (credit/debit card frauds etc.) being used by a Customer;

temporarily discontinuation of invitation to offer; and / or decline of transaction for any reason(s) whatsoever. TunchPe and/or Mangalam Jeweller may, at its sole and independent discretion, may prescribe maximum individual/cumulative limits for Customers to accumulate Gold/Silver in Customer’s GAP by any means including without limitation, accumulation by way of purchase of Gold/Silver, accumulation under the Gold/Silver Savings Plan or by way of transfer of Gold/Silver, through this scheme from time to time, and reserves the right to refuse to accept order/purchases exceeding such limit. At any point of time on any day TunchPe and/or Mangalam Jeweller may temporarily discontinue the invitation to offer for any reason whatsoever.

The Customer shall inform immediately, in any case no later than 30 days of any purchase of Gold/Silver by any means, including under this Gold/Silver Savings Plan, of any irregularities or discrepancies that may exist in his/her GAP, failing which it shall be deemed that there is no error or discrepancies in the GAP and TunchPe. The Customer hereby agreed that the TunchPe and Mangalam Jeweller shall be absolved automatically for any such error or discrepancies. All records maintained by Mangalam Jeweller, in electronic or documentary form of the transaction for purchase of Gold/Silver by the Customer and such other details (including, but not limited to payments made or received) pursuant to the Mangalam Jeweller Terms and Conditions and/or Gold/Silver Savings T&Cs, shall as against the Customer, be deemed to be conclusive evidence of transaction for purchase of Gold/Silver.

The Customer understands and acknowledges that any purchase, redemption, sale-back or transfer from / to GAP, will be as per the Instructions or transactions initiated by the Customer, and the Customer agrees and confirms not to violate any applicable laws or regulations for the time being in force in or outside India. The Customer shall be solely responsible for complying with applicable laws in respect of purchase, redemption, , sale-back to and from the GAP, including without limitation, the Prevention of Money Laundering Act, 2002, the Prohibitions of Benami Property Transactions Act, 1998, Income Tax Act, 1961 etc. including amendment thereof. Customer also agrees and undertakes that he /she will not open any account in the name of any minor. TunchPe and/or Mangalam Jeweller will not be liable in any manner in this regard.

In the event of termination / expiry of Mangalam Jeweller’s arrangement with TunchPe or otherwise at any point of time, Mangalam Jeweller reserves the right to migrate Customer’s GAP to an alternative platform and continue with the said GAP on such alternative platform (as decided by Mangalam Jeweller). Mangalam Jeweller shall also be entitled to notify the Customer for redemption of the products within the time lines as specified in the notice sent by Mangalam Jeweller in this regard.

In the event any dispute arises out of or in connection with the Gold/Silver Savings T&Cs herein, including the validity hereof, the parties hereto shall endeavour to settle such dispute amicably in the first instance. The attempt to bring about an amicable settlement shall be treated as having failed as soon as one of the parties hereto, after reasonable attempts, which shall continue for not less than 15 (Fifteen) calendar days, gives a notice to this effect, to the other party in writing. These Gold/Silver Savings T&Cs shall be governed by and interpreted and construed in accordance with the laws of India. The courts in Sriganganagar,Rajasthan shall have exclusive jurisdiction in respect of any matters arising therefrom.

Any failure or delay by TunchPe and/or Mangalam Jeweller to enforce or exercise any provision of these Gold/Silver Savings T&Cs, or any related right, shall not constitute a waiver by TunchPe and/or Mangalam Jeweller of that provision or right. The exercise of one or more of such rights by TunchPe and/or Mangalam Jeweller hereunder, shall not be a waiver of, or preclude the exercise of, any rights or remedies available to TunchPe and/or Mangalam Jeweller under these Gold/Silver Savings T&Cs or in law or at equity. Any waiver of any provision shall only be effective if made in writing and executed by a duly authorized officer of TunchPe and/or Mangalam Jeweller.

If performance under these Gold/Silver Savings T&Cs by TunchPe and/or Mangalam Jeweller is prevented, restricted, delayed or interfered with by reason of labor disputes, strikes, acts of God, floods, lightning, severe weather, shortages of materials, rationing, inducement of any virus, Trojan or other disruptive mechanisms, any event of hacking or illegal usage of the TunchPe Platform, utility or communication failures, earthquakes, war, revolution, acts of terrorism, civil commotion, acts of public enemies, blockade, embargo or any law, order, proclamation, regulation, ordinance, demand or requirement having legal effect of any government or any judicial authority or representative of any such government, or any other act whatsoever, whether similar or dissimilar to those referred to in this clause, which are beyond the reasonable control of the TunchPe and/or Mangalam Jeweller, in such an event TunchPe and/or Mangalam Jeweller shall in to be excused and discharged from such performance to the extent of and during the period of such force majeure event, and such non-performance shall, in no manner whosoever, amount to a breach by the TunchPe and/or Mangalam Jeweller of its obligations herein.

The Customer hereby expressly represent and warrant to TunchPe and/or Mangalam Jeweller that the Customer have sufficient experience and knowledge to make informed decisions to purchase/ redeem/ sale-back, the Gold/Silver and/or to register with Gold/Silver Savings Plan. The Customer hereby acknowledge that the Customer are making all of their own decisions in connection with purchases or redemption or sale-back and that the Customer have not relied on any information made available by TunchPe and/or Mangalam Jeweller, and that TunchPe and/or Mangalam Jeweller is not making any recommendation with respect to such purchases/redemption/sale-back of Gold/Silver and/or to register with Gold/Silver Savings Plan. No relationship other than seller-purchase, including, without limitation, any agent-principal relationship, any advisor-advisee relationship, any employee-employer relationship, any franchisee-franchisor relationship, any joint venture relationship or any partnership relationship, exists between the Customer and TunchPe/Mangalam Jeweller.

Customer hereby expressly acknowledge, confirm and agree that the purchase of Gold/Silver, including without limitation, purchase of Gold/Silver by way of registering under the Gold/Silver Savings Plan, have been designed to provide an efficient and dependable method for purchase of Gold/Silver. Commercial internet service providers are not 100% reliable and a failure by one or more of these providers may affect internet-based purchase of Gold/Silver. The Customer acknowledge that the purchase of Gold/Silver system is an electronic mechanical system and as such may be subject to failure beyond the control of TunchPe and/or Mangalam Jeweller. Therefore, TunchPe and/or Mangalam Jeweller shall not be responsible for errors, negligence, inability to execute the Instructions, delays in transmission, purchase of Gold/Silver, delivery of Gold/Silver, to breakdown or failure of transmission or communication facilities, or to any other cause beyond TunchPe and/or Mangalam Jeweller’s control or anticipation. The Customer acknowledge that pricing or typographical errors may occur, therefore, in an event wherein in an event that live purchase price of Gold/Silver is incorrect price or with incorrect information due to an error in pricing or any other inaccuracies, TunchPe and/or Mangalam Jeweller reserves the right, at our sole discretion, to refuse or cancel or reject any transaction and/or Instruction for purchase of the Gold/Silver, including without limitation, purchase of the Gold/Silver under the Gold/Silver Savings Plan.

Furthermore, TunchPe and/or Mangalam Jeweller reserves the right to deny refuse or cancel or reject any refuse or cancel or reject any transaction and/or Instruction for purchase of the Gold/Silver, including without limitation, purchase of the Gold/Silver under the Gold/Silver Savings Plan, placed in case of market volatility and/ or unusual circumstances or conditions. This includes, without limitation, unexpected unavailability of Gold/Silver.

Indemnity: The Customer hereby agrees to indemnify and keep TunchPe and/or Mangalam Jeweller indemnified from and against all actions, claims, demands, proceedings, losses, damages, personal injury, costs, charges and expenses, directly or indirectly, whatsoever (“Losses”) which TunchPe and/or Mangalam Jeweller or its employees, agents, workers or representative may at any time incur, sustain, suffer or be put to as a consequence of or by reason of or arising out of: (i) the usage of the TunchPe Platform by the Customer; (ii) by reason of TunchPe and/or Mangalam Jeweller ‘s acting in good faith and taking or refusing to take or omitting to take action on the Customer’s Instructions, and in particular arising directly or indirectly out of the negligence, mistake or misconduct of the Customer; (iii) breach or noncompliance of the Gold/Silver Savings T&Cs and relating to the GAP; and/or (iv) fraud or dishonesty relating to any transaction by the Customer. Without prejudice to the foregoing, TunchPe and/or Mangalam Jeweller shall be under no liability whatsoever to the Customer in respect of any loss or damage arising directly or indirectly out of:

Effecting transaction based on the Instructions received/registered by the Customer; The instruction of a Customer to transfer Gold/Silver from his / her GAP to another Gold/Silver account;

The exercise by TunchPe and/or Mangalam Jeweller of its right to terminate / exercise the facility/services/exercise TunchPe’s/Mangalam Jeweller’s right and/or their obligations, agreed to be carried out in terms of the Gold/Silver Savings T&Cs on TunchPe Platform;

Any injury to the credit, character and reputation of the Customer due to use of any facility/ services on TunchPe Platform, including without limitation, for registration under the Gold/Silver Savings Plan;

Any loss of whatsoever nature, direct or indirect, including without limitation, loss of profit or perceived profit from purchase of Gold/Silver, under the Gold/Silver Savings Plan or otherwise;

Any misstatement, misrepresentation, error or omission in any details disclosed by TunchPe and/or Mangalam Jeweller, if receives any process, summons, order, injunction, execution distrait, levy lien, information or notice which TunchPe and/or Mangalam Jeweller in good faith believes/ calls into question the Customer’s ability, or the ability of someone purporting to be authorized by the Customer, to make the sale of Gold/Silver from the Customer’s GAP and/or transfer of the Gold/Silver in the Customer’s GAP, TunchPe/ Mangalam Jeweller may, at its option and without liability to the Customer or such other person, decline to allow the Customer to obtain any portion of his Gold/Silver/ product, or may handover such Gold/Silver/product over to an appropriate authority and take any other steps required by applicable law.

Disclaimers and Limitation of Liability: Customer hereby expressly acknowledge, confirm and agree that TunchPe and/or Mangalam Jeweller does not make any representations, recommendations, projections, warranties or guarantees of any kind, either expressed or implied, as to the performance of its Gold/Silver/Redeemable Products with respect to future prices or any return on investment. TunchPe and/or Mangalam Jeweller will not be liable for any Losses or damage caused by reliance on information obtained in any of our newsletters, literature, reports, e-mail correspondence, website, TunchPe Platform and/or any other communication from TunchPe and/or Mangalam Jeweller. TunchPe and/or Mangalam Jeweller will not be liable to any Customer (including but not limited to any transferee) for any Losses caused by or relating to transfer/deposit of Gold/Silver to GAP of any other Customer. TunchPe and/or Mangalam Jeweller explicitly urges to all its Customers to inspect the package for any damage or tamper before receiving or signing for receipt of the same. If the Customer, find any tampering, then the Customer shall not accept the parcel and return the same. TunchPe and/or Mangalam Jeweller will not be liable for any Losses or damage caused, if the Customer accepts the parcel inspite of the same being damaged or tampered. The duty to verify the parcel for any damages or tampering is of the Customer and if the Customer accepts the parcel and later comes to know of any damage or tampering, TunchPe and/or Mangalam Jeweller shall not be liable for any Losses or damage to Customer. If such loss is later reported and approved by logistics partner and Insurance Company, the limit of liability shall be restricted to the amount paid by the logistic partner for any such Losses or damage in transit as per their terms and conditions and the same shall be binding upon the Customer. The Customer hereby expressly acknowledges and agrees that TunchPe and/or Mangalam Jeweller will not be liable to the Customer or to any other person, as a result of Customer’s access or use of Gold/Silver/Redeemable Product for indirect, consequential, special, incidental, punitive, or exemplary damages, including without limitation, lost profits, lost savings and lost revenues (collectively, the “Excluded Damages”), whether or not characterized in negligence, tort, contract, or other theory of liability, even if TunchPe and/or Mangalam Jeweller has been advised of the possibility of or could have foreseen any of the Excluded Damages, and irrespective of any failure of an essential purpose of a limited remedy. In no event will TunchPe and/or Mangalam Jeweller or any of its directors, employees, agents’ total liability to Customer under this arrangement or otherwise, shall in no event, for all damages, Losses, liabilities and causes of action under these Gold/Silver Savings T&Cs and/or any other facility/ services provided by TunchPe and/or Mangalam Jeweller, collectively exceed the total amount paid by the Customer, if any, for access to that particular products or services. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. The Customer hereby expressly declare that the Customer is an individual and is not required to take registration under Central Goods and Service Tax Act 2017, State Goods and Service Tax Act 2017, Integrated Goods and Service Tax Act 2017 and Union Territory Goods and Service Tax Act 2017.

The Customer hereby expressly declare that any sale of Gold/Silver on TunchPe Platform was previously owned by the Customer for personal use. The Customer hereby declare that the Customer is not an unregistered dealer of Gold/Silver and/or silver or any other precious metal ornament or any related product. Customer hereby declare that, if the Customer would be found of any misrepresentation then the Customer would be solely responsible for all types the tax, interest and penalty due to the government at any given point of time.

Rights and obligations:

The Customer understands and agrees that:

The above mentioned and agreed registration process shall have to be undertaken again in the event of any change in the Card details of the Customer.

TunchPe and/or Mangalam Jeweller shall endeavor to fetch the live purchase price of Gold/Silver, on a best effort basis and shall solely rely on the intimation by the Mangalam Jeweller for purchase of Gold/Silver as per the Instruction on the Selected Purchase Date, without any reference to the Customer.

No promo-code available on TunchPe Platform would be auto applied while carrying out purchase of Gold/Silver as per the Instructions under the Gold/Silver Savings Plan. TunchPe uses 128 bit encryption by Verisign for security and follows PCI DSS (payment card industry data security standard) mandated by the card association networks and administered by the Payment Card Industry Security Standards Council. However TunchPe cannot, and does not, guarantee that the information in transit may not be altered or intercepted or accessed by others and decrypted. TunchPe and/or Mangalam Jeweller, and its directors, employees shall not be liable or responsible, should any confidential or other information provided by or pertaining to the Customer (including credit card numbers, passwords, personal identification numbers, IDs, transaction details, etc.) be intercepted or altered and subsequently used by an unintended recipient.

The Customer shall be responsible for the accuracy of the registration of the Instructions and shall be liable to TunchPe for any Losses arising on account of any error in the Instruction.

The Customer shall be bound by registration of the Instruction settled by the Customer and if, TunchPe has acted upon the Instruction in good faith and in compliance with the mandate submitted by the Customer on TunchPe Platform. The Customer hereby authorizes TunchPe to debit the Customer’s Card, as per the Instructions registered by the Customer on TunchPe Platform. The Customer shall ensure availability of funds/limits in Customer’s Card for effecting the purchase of Gold/Silver as per the Instruction on the Selected Purchase Date. The Customer agrees that in the event there are insufficient funds/limits in the Customer’s Card, TunchPe shall not effect the purchase of the Gold/Silver as per the Instruction on the Selected Purchase Date. The Customer shall be solely liable in this regard.

The Customer understands and agrees that such amounts are paid towards the purchase of the Gold/Silver as per the Instruction on the Selected Purchase Date cannot be reversed by TunchPe and is irrevocable in nature when it is executed by TunchPe. A duly authenticated record of the transaction for purchase of the Gold/Silver as per the Instructions shall be recorded in the statement of account available on TunchPe Platform.

TunchPe has the right to suspend the Gold/Silver Savings Plan at any-time at its sole and independent discretion and/or if it has reason to believe that the Customer’s Instruction in respect of purchase of the Gold/Silver will lead to or expose to direct or indirect loss to TunchPe or may require a specific indemnity from the Customer before continuing to operate the Service.

Fees and Charges:

TunchPe shall be charging such fees for the purchase of the Gold/Silver as per the Instructions of the Customer as may be indicated while setting up of the Instructions. Notwithstanding this, TunchPe reserves the discretion to modify the charges at any point of time. All the fees and charges applicable for availing Gold/Silver Savings Plan shall be as per the rates fixed by TunchPe at its sole discretion which shall be informed to the Customer by hosting the details of the fees and charges on the TunchPe Platform, from time to time and/ or through any other mode or channel of communication as TunchPe may deem fit.

Any government charges, duty or debits, or tax payable as a result of purchase of the Gold/Silver as per the Gold/Silver Savings Plan shall be the Customer’s responsibility and if imposed on TunchPe, TunchPe shall have the right to debit such charges, duty or tax against the Customer’s account/Customer’s Card.

Termination:The Customer can visit the profile or GAP on TunchPe Platform any time and can disable the Gold/Silver Savings Plan. TunchPe may withdraw or terminate the Gold/Silver Savings Plan at any point of time without assigning any reasons whatsoever. TunchPe may suspend or terminate the Gold/Silver Savings Plan without prior notice if the Customer has breached any of Gold/Silver Savings T&Cs. Miscellaneous:TunchPe shall have the right of set-off and lien, irrespective of any other lien or charge, present as well as future on the deposits held in the account/wallet/GAP of the Customer, to the extent of all outstanding dues, whatsoever, arising as a result of this arrangement under the Gold/Silver Savings Plan extended to and/or used by the Customer.

Dispute Resolution

If any dispute, controversy or claim arises under this Agreement or in relation to any TunchPe Service or the TunchPe Platform, including any question regarding the existence, validity or termination of this Agreement or T&Cs (hereinafter Dispute), the parties shall use all reasonable endeavours to resolve such Dispute amicably. If the parties are unable to resolve the Dispute amicably within 30 days of the notice of such Dispute, TunchPe may elect to resolve any Dispute by a binding arbitration in accordance with the provisions of the Indian Arbitration & Conciliation Act, 1996 (hereinafterAct). Such Dispute shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The Dispute shall be resolved by a sole arbitrator, appointed in accordance with the Act. The seat of the arbitration shall be Sriganganagar,Rajasthan and the language of this arbitration shall be English. Either You or TunchPe may seek any interim or preliminary relief from a court of competent jurisdiction in Sriganganagar,Rajasthan necessary to protect the rights or the property belonging to You or TunchPe (or any of our agents, suppliers, and subcontractors), pending the completion of arbitration. Any arbitration shall be confidential, and neither You nor TunchPe may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcing the arbitration award. All administrative fees and expenses of arbitration will be divided equally between You and TunchPe. In all arbitrations, each party will bear the expense of its own lawyers and preparation. This paragraph shall survive termination of this Agreement.

Governing Law and Forum for Disputes

Subject to the Dispute Resolution section above, You agree that any claim or dispute You may have against TunchPe must be resolved by a court having jurisdiction in Sriganganagar, Rajasthan, India. You agree to submit to the personal jurisdiction of the courts located within Sriganganagar, Rajasthan, India, for the purpose of litigating all such claims or disputes. This Agreement shall be governed by Indian law. This paragraph shall survive termination of this Agreement.

M2M (Member to member) buy/sell platform (Marketplace- Open buy & sell)

Order placement (Open Marketplace)

Every tunchpe active member can use apply to use the Open Marketplace platform to sell it assets(gold, silver). However company has right to allow or disallow any user/member for using the Open Marketplace platform without providing any reason.

TunchPe open marketplace is an online gold and silver buy/sell platform where a registered user can buy or sell gold/silver to another user. Users can place their product or bid on any listed product. Here TunchPe acts as a mediator which match the best price for top two user.

There is no seperate registration required to for Open marketplace, however you need company approval to start using that feature. For this you can visit on marketplace from your homepage and apply for this service..

TunchPe do not take full deposit from buyer until a deal executes, however a buyer has to dpeosit some security deposit to place a buy order in favor of seller security. In case buyer refuse to pay the amount for any executed deal, tunchpe will settle the loss of seller from this security deposit.

Order matching (Open Marketplace)

Your Open Marketplace platform orders on Company are always limited as to price. Purchase limits place a maximum buying price on your purchase orders. Sale limits place a minimum selling price on your selling orders.

Your orders are also limited as to quantity of bullion (measured in grams).

On receipt of your order the Company system automatically attempts to match the order with another customer's prior and opposing order denominated in the same currency and location, and subject to both customers' limits. The system will trade at the most attractive prices for your new order, achieving lowest possible price within the limit for purchases, and highest possible price above the limit for sales.

Any pre-existing order posted on the Open Marketplace platform against which a new order is matched will achieve exactly its limit price.

To the extent that an order can be executed against pre-existing limit orders posted by other Company users the order is executed immediately, and to as great an extent as possible (i.e. the smaller quantity of the two orders) before any other order received subsequently is processed. To the extent that it cannot be executed it may – at your request – be itself posted as a limit order on the Company Open Marketplace platform until it expires through age, cancellation or otherwise.

Your order ranks behind all valid limits past or future which offer a more attractive price. It ranks ahead of all valid orders past or future which offer a less attractive price. It ranks behind all valid orders at the same price, received by Company before it, and ahead of all valid orders at the same price received by Company after it.

Order removal

Open Marketplace platform

You have the right at any time to transmit a request to remove an unexecuted element of any open order you placed on the Open Marketplace platform. Upon receipt Company must respond by removing your order such that it will not match with any subsequently received order.

You understand and accept that where another user has entered an opposing and matchable order instruction, which arrived at Company before your request for removal, then the match will occur, and to the extent that the match occurred your order will have matched and will not be capable of removal, although any remaining open element of the order will be removed.

Company may at its discretion remove from the Open Marketplace platform your unexecuted purchase and sale orders where they are both (i) older than one week and (ii) where they are limited at prices which for sales exceed 110% of the prevailing price of bullion, or which for purchases are less than 90% of the prevailing price of bullion.

Where Company removes your orders from the Open Marketplace platform it accepts an obligation to send an email to your registered email address.

Daily Price trades

Until the published cut-off time appropriate to your order you have the right to transmit a request to remove an unexecuted order you placed with Company, and thereafter Company is obliged to prevent your order so cancelled from being executed.

Settlement

Open Marketplace platform Trades

You authorize Company to accept your Open Marketplace platform order as an instruction to settle immediately in the event that your order executes, whether in whole or in part. Company accepts full responsibility for the ability of executed orders to settle. It stands as guarantor behind any purchase that the seller is able to deliver bullion to the purchaser in the quantity purchased. It stands as guarantor behind any sale that the purchaser is able to pay currency to the seller for the consideration of the sale.

Settlement of a Company Open Marketplace platform transaction happens instantaneously at the point of trade.

The inward delivery of bullion for a buying customer is always matched exactly with a simultaneous but opposite outward delivery of bullion for a selling customer. No material changes arise at the vault as a result of instantaneous settlement of your bullion trade.

Whenever a deal executes between two parties, TunchPe will act as mediator to settle delivery & payment between them. No deilvery will be given to buyer until the fund settle with respected seller. Once the seller approve that it has recieved the full amount for that deal, TunchPe will deliver the commodity to resepected buyer. Mode of payment is sole discretion of seller and buyers, tunchpe never interfere with mode of payment between two. Tunchpe here liable to avail delivery to respected buyer once the seller approve the payment.

Whenever an order execute, below transaction will be executed,

1. Buyer's security deposit account will get debited and seller security deposit account will get credited instantly. Brokerage amount will be charged from this transaction amount

2. Buyer's metal(gold,silver) account will get credited and seller security deposit account will get debited instantly.

3. Now, buyer can delivery from any TunchPe store across country after settling the fund with seller.

No, we are not a gold, silver trading platform in any manner. We simply match the buyer & sellers on our platform and ensure the deal execute in a secure way. Here, we are only providing a platform to our users where they can find buyers and sellers.

Commission/Brokerage/Service fee or mark-up ?

Each time you buy or sell through the Open Marketplace platform, 2.5% maximum falling to a minimum of 0.05% depending on the amount of gold, silver. We offer disocunted brokerage on bulk orders to high turnover customer. Please note: Whenever you buy or sell at company operated bullion then no commission will be charged on that buy or sell. This deal will be considered as direct sell or purchase between company and customer.

Rounding

You acknowledge that Company's system can only account in whole pennies or cents. While order values and prices may be rounded down or up from 0.5 of those units, you accept that any charge billed to your account will be rounded up to the nearest whole penny or cent.

Correction or Errors

Record Keeping Error

In the event of administrative error Company is entitled after the event to make appropriate adjustments to records of your account.

Trading(Buy/sell) System Error

Neither Company nor you have the right to make profits from trading(Buy/sell) system failures.

The Company system is designed to protect all users from clear trading(Buy/sell) errors by rejecting orders priced substantially away from the prevailing bullion price. This protection depends on receiving currency and bullion market price data from a variety of digital sources. The effectiveness of this protection is to an extent out of Company's reasonable control. In the event of a failure to protect participants in this way both Company and you accept that reasonable adjustments may be made after the event in order to ensure the marketplace operates fairly to all participants.

Risks which are a Company responsibility

Company accepts it has duties of care with regard to aspects of risk to your property and undertakes to manage risks so as to contain them at minimal levels, consistent with best business practices.

Subject to the provisions for Exclusions and Limits of liability in these Terms and Conditions Company accepts liability for failing in this duty.

Physical bullion theft — Your bullion could conceivably be stolen from a vault by determined thieves. It is the Vault Operator which accepts a duty to retain sufficient security measures, and to maintain cover against such an eventuality either in terms of its own resources or its insurance policies. Company accepts a duty to regularly monitor the Vault Operator to ensure the maintenance of a limit sufficient to cover at least the value of the bullion stored.

Subject to the provisions for Exclusions and Limits of liability in these Terms and Conditions Company accepts liability for failing in this duty. Theft of Customer money — Money held in the segregated Client accounts could be illegally transmitted through the banking system by a determined thief, or thieves, operating within Company.

Subject to the provisions for Exclusions and Limits of liability in these Terms and Conditions Company accepts liability for failing in this regard.

Company segregation management — A failure by Company's system to prevent a customer from over-purchasing beyond his cash balance, or over-selling beyond his bullion balance would render a segregated account temporarily incapable of meeting its obligations to other customers. All Company software is designed to eliminate this eventuality. Moreover Company checks its accounts daily for such eventualities. The risk of material loss is extremely small, because any such over-trading would be substantially offset by a surplus in the opposite segregated account.

Subject to the provisions for Exclusions and Limits of liability in these Terms and Conditions Company accepts liability for failing in this duty.

Company record keeping — a risk in all business record keeping systems is that internal records may show a position which satisfies the organization's officers but does not represent the real world, and where the problems only come to light when it is too late. The risk rises with increasing complexity of transactions and the availability of credit, neither of which apply to Company. For all businesses the record keeping risk is statutorily addressed by annual audit. In addition Company controls its record set by voluntarily submitting its daily reconciliations of Customer property to public inspection on the web.

Subject to the provisions for Exclusions and Limits of liability in these Terms and Conditions Company accepts liability for failing in this duty.

Company insolvency — As of October 2021 Company maintains sufficient shareholders' funds to pay for all its planned operations for a period of 5 years, even in the absence of all operating revenue. This makes it an exceptionally strong business in financial terms.

However unforeseen events could conceivably damage that financial strength, rendering Company insolvent.

The insolvency of Company would not affect your property rights with regard to money or bullion in a Company account, but it would be likely to create some inconvenience and delay for you in taking hold of that property.

Disastrous data loss — Company's system contains data in electronic form which could conceivably be lost in a widespread and catastrophic machinery failure. Company operates a redundant machinery policy which means that every component of its data storing capability is protected by both local and remote data duplication. The likelihood of a simultaneous loss of all data copies is extremely low. However, in addition to this the system sends an encrypted copy of full ownership records to remote data vaults identified to Company's auditors and Vault Operator(s), ensuring that data loss is a temporary inconvenience, not a disaster. Moreover you can save the published reconciliation of your property on your own computer, thereby duplicating that part of the records which relates to your own property.

System availability and downtime

The system is scheduled to operate continually except where planned software updates and maintenance is necessary, usually carried out on weekends. Company will always provide an advance warning notice via the website for planned downtime. There may also be planned service interruptions at other times where maintenance requires urgent action which cannot wait until a weekend. Such service interruptions will where possible be planned at times of lower public demand for the service.

Where service interruption is planned and you have an open order your order will ordinarily survive the service interruption.

When an unscheduled service interruption occurs and you have an open order your order will ordinarily survive. However, in some instances these orders may be removed at the resumption of the service and any un-traded element of the order will be treated as cancelled.

We will endeavour to keep you informed via email when you have open orders during a period of unscheduled service interruption, but you accept that the nature of the service interruption may make it impractical for us to do this.

You accept that service interruption is an unavoidable event on networked computers. You accept our terms for handling service interruption vis-a-vis your open orders. You understand that leaving a firm order on the Bullion Exchange can expose you to risks which are increased in the event of a service interruption, and you accept those risks.

Force Majeure

Company shall not be liable to you for any delay or failure by it to perform its obligations if such delay or failure arises from any unforeseeable causes beyond its reasonable control including, but not limited to, acts of God, floods, lightning, earthquakes, labour disputes, shortages, rationing, utility failures, war, terrorism, riot, embargoes, and actions of any government agency or subdivision thereof.

Risk warnings

The following lists indicate such risks as Company considers material. It does not constitute a statement of all possible risks.

Risks which are not a Company responsibility

Gold, silver, platinum and palladium price movements — You are exposed to the risk of potential loss arising from a falling bullion price during the time in which you own bullion. This risk is not a Company responsibility.

Money politics — Governments and other agencies seeking currency stability, or for other reasons, might seek to constrain or tax the ownership of bullion to the disadvantage of its owners. Company provides for multiple locations from which you may choose one or more. The actuality or fear of government action might affect the value of bullion stored in a given location. This risk is not a Company responsibility.

Bank insolvency — Your cash balances at Company are deposited in segregated accounts at a highly rated bank, but your money's safety is dependent on bank integrity. All banks are subject to possible failure. Depending on a number of factors in the event of bank failure you might be entitled to receive compensation from appropriate authorities, but the terms of such compensation are complex and the timescale for receiving compensation might be long. This risk is not a Company responsibility. [Note that when your money is used to buy bullion your exposure to bank insolvency ceases.]

Identity theft — If your Company account number and password are compromised, you are at risk of unauthorized access to your account. Such access will be alarmed within minutes by SMS messages if both your Company Burglar Alarm is enabled and your account is of sufficient size. Any change of your account details would be acknowledged to you. Any withdrawal resulting from use of a compromised password would only be to your linked bank account. As a result the most serious risk arising from the theft of a password are (i) loss of privacy and (ii) the entering of mischief orders on Company – which would execute at market prices and thereby potentially switch you between bullion and money – or vice versa – at prevailing values but not according to your wishes. An attempt to bleed your account of value in favour of another account would be reversed whenever advised in reasonable time, and would of course lead to detection and prosecution of any criminal activity without gain. In these ways Company seeks to minimise the risks to you associated with identity theft but these are not a Company responsibility unless the breach of security can be shown to have occurred because of Company's error.

Liquidity risk — The risks associated with a lack of immediate liquidity are not a Company responsibility.

System availability — Company's computerized machinery, which is accessed by you across the internet, might become inaccessible for periods of time. This could prevent you from executing a transaction which you would otherwise have made. This risk is not a Company responsibility.

Insurance exclusions — As your property your bullion is subject to insurance exclusions imposed by insurance underwriters in line with established insurance practice regarding the physical protection of your bullion. These excluded risks are presented on the evidence of insurance published on the Company site and include events like nuclear war. These risks are not a Company responsibility and are risks you undertake with respect to your bullion, except that no exclusion absolves Company in undertaking its correct duties of care in arranging the security of your property to levels considered commercially acceptable.

Force Majeure — The risks described under Force Majeure are not Company responsibilities.

Account suspension and closure

Company reserves the right to suspend or close any account for reasons including, but not limited to:

Company reasonably believes your account poses significant risk to you, itself or to other users; Company identifies information provided by you as false, or you or someone else are using the account illegally or fraudulently;

you have acted abusively or violently towards members of Company's staff; you are in breach of these Terms and Conditions (or have failed to remedy a breach where we have asked you to do so).

You acknowledge that the suspension of your account will prevent further deposits or withdrawals and the ability to buy or sell bullion. You accept that applicable fees will continue to be charged. You accept that Company is not under any obligation to disclose the details of its risk assessment to you.

If Company suspends your account it will not result in the expropriation of your property. Company will remove the suspended status from your account as soon as the reason for suspension is remedied.

If Company closes your account we will sell any bullion in the account and, if the account has been validated and it is legal to do so, we will return the cash balance to your linked bank account by bank transfer.

TRANSFER OF PRECIOUS METAL

Exchange for Jewellery:

TunchPe may also offer Customers the ability to exchange their Customer Precious Metal for jewellery through a partnership with reputed jewellery chains (“Jeweller Partner”). This will be offered as part of the “exchange for jewellery” feature. Customers may opt for this functionality by placing a request for exchange (“Exchange Request”) on the Platform and following the procedure described by TunchPe. The transaction shall only be initiated upon the express instructions of the Customer to the Jeweller Partner. Upon placing of the Exchange Request, the Customers will be sent an OTP by TunchPe to verify the transaction and confirm that they wish to proceed with the transfer of Customer Precious Metal balance to the selected Jeweller Partner. By communicating to the Jeweller Partner, the Customer agrees to allow TunchPe to debit the Customer Precious Metal account balance to the extent required for the purchase of the chosen jewellery product. Any additional charges for the jewellery product selected shall be borne by the Customer. Once a transaction has been deemed to be final and an invoice generated for the transaction, a Customer shall not have the ability to cancel or request for a refund, unless specifically allowed by TunchPe or the Jeweller Partner. Notwithstanding anything to the contrary contained in these Terms, TunchPe shall be entitled to reject an Exchange Request which is not in compliance with the Terms hereof, and shall intimate the Customer of the reasons for the same.

Bullion marketplace- M2M Buy/Sell of gold

Tunchpe offer a platform withing it's app/website where user can list their precious metal for sell and place bid on other user's listings. Here TunchPe act as a mediator bertween two parties(Buyer and seller).

You authorize Company to accept your Bullion marketplace order as an instruction to settle immediately in the event that your order executes, whether in whole or in part. Company accepts full responsibility for the ability of executed orders to settle. It stands as guarantor behind any purchase that the seller is able to deliver bullion to the purchaser in the quantity purchased. It stands as guarantor behind any sale that the purchaser is able to pay currency to the seller for the consideration of the sale.

Settlement of a Company Bullion marketplace transaction happens instantaneously at the point of trade.

CUSTOMER ADVANCES

The Registered Member may transfer an amount to tunchpe (“Customer Advance”) to buy any product or service on the Platform and may withdraw the same from your account as and when you require. By clicking on the Deposit tab on the Platform, you can transfer such Customer Advance to tunchpe and the same will reflect on your Account immediately. In case of payments made by using offline methods like RTGS, NEFT etc. the Account will be credited within 48 hours of receipt of such Customer Advance amount by tunchpe. You may place a request for withdrawal of a specific amount from the Customer Advance amount lying with tunchpe and tunchpe shall transfer such amount to your bank account within seven working days from the date of receipt of such withdrawal request. You may please note that tunchpe shall voluntarily refund the Customer Advance amount lying with tunchpe for a period of 365 days in your bank account on or before the completion of such period (“Customer Advance Refund Date”). In case tunchpe is unable to refund such Advance amount to you due to non-availability of valid bank account details on the Customer Advance Refund Date, tunchpe shall not be liable for violation of any applicable laws/acts for keeping such Customer Advance Refund Amount beyond such 365 days period. Further, tunchpe hereby expressly states that it shall consider the Customer Advance amount lying with tunchpe (due to non-availability of valid bank account details) while calculating its income after completion of five (05) years from the date on which such Advance amount was received from the respective User. However you may update/register your valid bank account details with tunchpe even after the completion of such five (05) years period and thereafter request for withdrawal of the Advance Amount lying with tunchpe. However, tunchpe has the right to deduct charges for generating such withdrawal request as per its own discretion.

TunchPe Billing/ GST Invoice Maker feature

What is Billing/ GST Invoice Maker ?

TunchPe offer a billing generating platform for it's registered memeber only where resigtered memeber can create gst invoice and rough estimates. Members can also send this bill to other member digitally for approval/acceptation. It is solely member discretion whether to accept a bill or not. When a memebr send a bill to other member, the receiving member get notified in it's billing module and take action for accepting not rejecting that bill.

Reliability of bill/involice/biller member

TunchPe never offer any guarrantee or cause of reliability for any of it's member. Tunchpe only act as a billing generation platform for it's registered member without any warranty or claim of reliability. Hence, members are requested to use their own discretion during any business deal or trade regarding a bill generated on Tunchpe platform.

Warranty or claim of reliability

Any bill generated by a tunchpe member is without warranty or claim of reliability. This bills are generated by TunchPe members in favor of other members. TunhcPe or it's parent company has not direct/indirect connection with these memeber's business operations. Hence, members are reuqest to use it's own discretion regarding any trade/dealing based on this bill. It is accepted by the site visitor on the condition that any displute/error on bill, members or billing platform shall not be made the basis for any claim, demand or cause for action.

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TERMS & CONDITION

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TunchPe Terms of Use

Membership Eligibility

Your Account and Registration Obligations

Communications

Platform for Transaction and Communication

Henceforward:

Charges

Use of the Platform

TunchPe Terms and Conditions

Governing Law and Forum for Disputes

M2M (Member to member) buy/sell platform (Marketplace- Open buy & sell)

Order placement (Open Marketplace)

Order matching (Open Marketplace)

Order removal

Open Marketplace platform

Settlement

Open Marketplace platform Trades

Commission/Brokerage/Service fee or mark-up ?

Rounding

Correction or Errors

Record Keeping Error

Trading(Buy/sell) System Error

Risks which are a Company responsibility

System availability and downtime

Force Majeure

Risk warnings

Risks which are not a Company responsibility

Account suspension and closure

TRANSFER OF PRECIOUS METAL

Exchange for Jewellery:

Bullion marketplace- M2M Buy/Sell of gold

CUSTOMER ADVANCES

TunchPe Billing/ GST Invoice Maker feature

What is Billing/ GST Invoice Maker ?

Reliability of bill/involice/biller member

Warranty or claim of reliability