MyPotGold

Terms & conditions

These terms and conditions (“Terms and Conditions” or “Terms”) mandate the terms on which the users (“You” or “Your” or “User”) can access and register on the website https://www.mypotgold.com/ including its mobile application – MyPot Gold; collectively the platform (“Platform”) operated and managed by Freekart Megamall India Private Limited (“MyPot Gold” “We” or “Us”) and MyPot Gold Retail Company. (“MyPot Gold” or “We” or “Us”) collectively referred to as the company (“Company”) to provide you the services.

IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS AND THE TERMS OF USE OF JAR (AS AVAILABLE AT https://www.mypotgold.com/terms-and-conditions AND https://www.mypotgold.com/privacy-policy, YOU MAY NOT USE THE PLATFORM AND SHOULD NOT PROCEED TO CREATE ANY ACCOUNTS OR ACQUIRE ANY SUBSCRIPTIONS TO THE PLATFORM. BY USING THE PLATFORM, YOU ARE AGREEING TO BE BOUND BY THESE TERMS AND CONDITIONS, INCLUDING ALL AMENDMENTS MADE HERETO FROM TIME TO TIME.

This is an electronic record in the form of an electronic contract formed under the Information Technology Act, 2000 and the rules made thereunder, and do not require any physical or digital signatures. This is being published in accordance with Rule 3(1) of the Information Technology (Intermediaries Guidelines and Digital Media Ethics Code) Rules, 2011, that requires publishing the rules and regulations, privacy policy and terms of use for access or usage of the platform. The Platform is an online portal that facilitates the Users to purchase/sale/transfer gold and/or other precious metals in digital gold backed by gold bullions and coins with purity as mentioned (“Precious Metal”) operated and managed by Us (incorporated under the laws of India with corporate identification number U47710TZ2024PTC031735,) and MyPot Gold provides for purchase and sale of Precious Metal, and providing services of safe keeping, vaulting, delivery and fulfillment of Precious Metal and related services (“Services”).

DISCLAIMER:

YOU UNDERSTAND THAT BY REGISTERING TO AND/OR USING THE PLATFORM AND/OR ACCESSING SERVICES DIRECTLY OR INDIRECTLY FROM THE PLATFORM, YOU ONLY RECEIVE THE ABILITY TO USE THE PLATFORM FOR PURCHASE OF PRECIOUS METAL FROM JARGOLDOR SUCH OTHER PRODUCTS/SERVICES OFFERED BY US FROM TIME TO TIME

You understand that the Precious Metal is being offered for purchase by MyPot Gold, and the User can also sell the Precious Metal through the Platform. As per these Terms and Conditions, the Precious Metal purchased by You will be accounted in a customer account maintained by MyPot Gold and the corresponding quantity of Precious Metal in physical form will be stored with Emerald jewel industry India Ltd. Limited (“Custodian”). In order to safeguard your interest, MyPot Gold has also appointed an Administrator Vistra Corporate Services (India) Private Limited (“Administrator”), and you agree to the appointment of such Administrator and the Custodian, and also accede to the terms for such arrangement with the Administrator. The Administrator shall be responsible for monitoring the physical Precious Metal held on your behalf with the Custodian.

Please read the terms and conditions and privacy policy (available at https://www.mypotgold.com/terms- and-conditions and https://www.mypotgold.com/privacy-policy) carefully before registering on the Platform or accessing any material and/or information through the Platform. The Company retains an unconditional right to modify or amend this Terms and Conditions without any requirement to notify you of the same. You can determine when this Terms and Conditions were last modified by referring to the ‘Last Updated’ legend below. It shall be your responsibility to check this Terms and Conditions.

periodically for changes. Your continued use of the Platform shall indicate an acceptance of the amended Terms and Conditions and shall signify your consent to the changes to the Terms and Conditions and the intention to be legally bound by the amended Terms and Conditions. It is also clarified that these Terms and Conditions and the terms and conditions of the Platform apply to you once you avail of the Services and purchase Precious Metals. By using the Services, you acknowledge that MyPot Gold is not responsible for the quality of physical Precious Metal being offered and sold by MyPot Gold and that any disputes in relation to the quality of physical gold shall be raised directly by you to MyPot Gold.

1. ELIGIBILITY

By using the Services, you represent and warrant that you are above the 18 years of age and qualified to enter into a legally binding contract, enforceable under Indian law, including the Indian Contract Act, 1872. If you are not eligible to enter into any contract, then please discontinue use of the Platform and leave now. If you are the parent or guardian of a child under 18 years of age, by registering/by creating an account or profile on the Platform, you provide your consent to your child’s registration and you agree to be bound by these Terms and Conditions in respect of their use of our Platform.

We will at all times assume (and by using this Platform you warrant that) you have the legal ability to purchase and sale Precious Metals and otherwise use this Platform, and capable of being bound by these Terms and Conditions. Further, by using the Platform, You confirm that you are not registered under any applicable Goods and Services Tax Act, 2017 and that if, in the course of your relationship with our Platform, and/or MyPot Gold, you become registered under the applicable Goods and Services Tax Act, 2017, you shall inform Us of your change in status immediately, and no later than 24 hours of such change, and provide any relevant information and documents, as may be requested by Us. The Company shall not be liable for any actions pursuant to change of Your status on registration under the applicable Goods and Services Tax Act, 2017 and rules made thereunder. If necessary, You shall seek independent tax advice, and these Terms and Conditions do not constitute any investment and/or tax advice to You.

2. REGISTRATION

The Services are available to only those who have subscribed to the Platform by registering and creating account with Us. You can register to the Platform by providing your personal information including name, age, gender and registered mobile number. The registration will be validated by sending one time password (OTP) to registered mobile number. We may also ask You for certain financial information, including Your billing address, bank account details, or other payment related details or other payment method data, and debit instructions or other standing instructions to process payments for the Platform Services (as defined below). The Company may also ask you to provide certain additional information about yourself on a case-to-case basis.

If there is any change in the account information, you shall promptly update Your account information on the Platform. If You provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or if the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Company has the right to suspend or terminate Your Account and refuse any and all current or future use of the Platform (or any portion thereof) at its sole and absolute discretion, in addition to any right that the Company may have against You at law or in equity, for any misrepresentation of information provided by You.

By registering on the Platform, you agree to (a) provide correct details when prompted on the Platform and failure to do so may invalidate your request to use Services; (b) authorise the Platform and the Company to retain the information shared by you for the purpose of using the Platform and/or accessing the Services and for any marketing campaign undertaken by the Company and/or third- party service providers; and (c) by giving your details, You agree to abide by the Terms and Conditions and the Privacy Policy. Also, by registering, you agree that you will not allow others to use your account and that you are fully responsible for all activities that occur under your account. We may assume that any communications we receive under your account have been made by you.

By providing such personal information, you consent to receive all information, communication and instructions relating to the Platform, the Services offered by the Platform and/or third-party service providers, and for availing special offers and promotional benefits. You shall solely be responsible for the appropriate use of the same. You shall immediately notify the Company of any unauthorized use / breach of your password or account and ensure that you exit from your account at the end of each session. The Company reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole and absolute discretion.

The Company cannot and will not be liable for any loss or damage arising from your failure to comply with these Terms and Conditions. You may be held liable for losses incurred by the Company or any other user of or visitor to the Platform due to authorized or unauthorized use of Your Account as a result of Your failure in keeping Your Account information secure and confidential.

3. PLATFORM SERVICES

Company, at any time and at its sole discretion, may change the specifications of any functionality/feature utilized by individuals on the Platform. Company will not be liable for any Inconvenience caused due to such changes in or discontinuation of any functionality/feature. By registering on the Platform, You are allowed to purchase Precious Metal pursuant to the collaboration between MyPot Gold and MyPotGold. MyPot hereby grants you, a limited, non-exclusive, non-transferable, royalty free license to use the Platform for the purposes of availing the Services.

The services offered on the Platform shall include but is not limited to the following facilitating buying and selling of Precious Metals (“Platform Services” or “Services”). However, before placing the order and availing the Services, the User may be required to provide certain KYC documentation and other information as may be required by Jarin such form and manner as it may deem fit.

This information may be requested from You at the time of registration, or at a later stage, including the following events, to prevent fraudulent activities: You may withdraw your purchase of digital gold or balance available of Your Precious Metal; and/or You may wish to get Your Precious Metal (based on whether you have sufficient balance available with You) delivered to Your doorstep.

The KYC verification shall be undertaken based on Your government identity card (“ID”) including the PAN Card issued to You. You shall upload a clear picture of your ID or PAN Card except in cases where e-PAN is provided by You. We shall verify Your details from the database of the issuing authority, including through Digilocker. If You do not have an ID and/or PAN Card, you may submit Form 60 to Us. It is hereby clarified that any Services offered (purchase, sale or transfer of Precious Metal on the Platform) are governed under these terms and conditions of MyPot Gold, operated and managed by MyPot Gold Retail Company.

You hereby agree and acknowledge that the data and information provided on the Platform does not constitute advice of any nature whatsoever and shall not be relied upon by You while making decisions and You shall be solely responsible for any decisions and for the purchase of any Precious Metal on the Platform. In no event shall the Company be liable to You for any loss or damage that may cause or arise from or in relation to these Terms and Conditions and/or due to use of this Platform.

As part of the Platform Services provided to You, on availing such services, You agree to provide honest feedback/review about the concerned Platform Service, if required or requested by the Company from time to time.Use of the Platform and availing the Services: You acknowledge that the Services are for Your personal use and agree not to publish the Precious Metal prices or descriptions of Precious Metal and/or any other information displayed on the Platform (in lieu of Your access to the Platform) on any other medium.

You agree to use the Platform only: (a) for purposes that are permitted by the Terms and Conditions; and (b) in accordance with any applicable law, regulation or guidelines. You agree that You shall not copy, reproduce, sell, redistribute, publish, enter into a database, display, perform, modify, alter, transmit, license, create derivatives from, transfer or in any way exploit any part of any information, content, materials, services available from or through the Platform, except that You may download the Platform for Your own personal, internal and non-commercial use.

4. PLACING OF ORDER

You can purchase Precious Metal on the Platform on a pre-payment basis i.e., once you place the order and confirm the transaction for purchase of Precious Metal (“Customer Order”) the same shall be notified by the Company to Jar. Once the payments are received by MyPot Gold and the KYC information is found acceptable, MyPot Gold shall issue an invoice to You confirming the Customer Order placed within a period of 3 (three) business days of placing such order, in a manner it may deem fit.

Not withstanding anything to the contrary contained in these Terms and Conditions, Company shall be entitled to accept or reject the User, for any reason whatsoever, at its sole and exclusive discretion. Once the Customer Order is placed, you are not entitled to cancel such a Customer Order, provided however that such Customer Order shall stand cancelled if the payment fails for any reason whatsoever. The Platform and/or MyPot Gold reserves the right to cancel the Customer Order, at its sole discretion, if your information, provided prior to placing the Customer Order, is not found acceptable and the Platform and/or MyPotGold are of the opinion that you are not eligible to purchase Precious Metal from MyPotGold.

In case of rejection of any of your Customer Order, where payments have been received by the MyPotGold, such payments shall be returned to you in accordance with these Terms and conditions , as applicable. The quantity of Precious Metal purchased by you shall be stored with the Custodian in a vault on your behalf. You hereby authorize MyPot Gold to store such physical Precious Metal products purchased by you pursuant to the Customer Order, including, but not limited to, bullion and coins(as the case may be) in the secured vault maintained with the Custodian on Your behalf (“Customer Precious Metal”).

It is hereby clarified that Your purchase of the physical Precious Metal corresponding to the your Customer Order shall be deemed to be completed and title in relation thereto shall be deemed to have been passed to You upon such relevant portion of the Customer Precious Metal being stored in the vault with the Custodian on Your behalf in accordance with the terms and conditions of MyPot Gold,subject to applicable laws.


Shipping

Orders will be delivered with in 5 - 6 working days.


Return and Refund


We will accept return within 2 working days

Once we approved the refund, the money will be credited to your account with in 5 working days.