• Paytm may send alerts to the mobile phone number provided by You while registering with the Paytm Platform for the SSOID service or on any updated mobile number subsequently provided by You on the Paytm Platform, or via e-mail or push notifications. The alerts will be received in case of SMS, only if the mobile phone is in ‘On’ mode to receive the SMS, in case of e-mail, only if the e-mail servers and e-mail ids are functional, and in case of push notifications, if the user has enabled the receipt of such notifications. If the mobile phone is in ‘Off’ mode or if the e-mail servers or ids are not functional or if the push-notifications feature has been turned off, then You may not get the alert at all or get delayed messages.
• Paytm will make best efforts to provide alerts via SMS/e-mail/push notifications and it shall be deemed that You shall have received the information sent from Paytm as an alert on the mobile phone number or e-mail id provided during the course of, or in relation to, using the Paytm Platform or availing any Paytm Services. Paytm shall not be under any obligation to confirm the authenticity of the person(s) receiving the alert. You cannot hold Paytm liable for non-availability of the SMS/email alert/push notifications service in any manner whatsoever.
• You authorize Paytm to contact You and communicate with You for any Paytm Service or Offer(s). Paytm may use third party service providers to send alerts or communicate with You. You authorize Paytm and Paytm Entities to override the DND settings to reach out to You over calls, SMS, emails and any other mode of communication.
• The SMS/e-mail alert/push notification service provided by Paytm is an additional facility provided for Your convenience and that it may be susceptible to error, omission and/or inaccuracy. In the event that You observe any error in the information provided in the alert, Paytm shall be immediately informed about the same by You and Paytm will make best possible efforts to rectify the error as early as possible. You shall not hold Paytm liable for any loss, damages, claim, expense including legal cost that may be incurred/suffered by You on account of the SMS/e-mail alert/push notification facility.
• The clarity, readability, accuracy and promptness of providing the SMS/e-mail alert/push notification service depend on many factors including the infrastructure and connectivity of the service provider. Paytm shall not be responsible for any non-delivery, delayed delivery or distortion of the alert in any way whatsoever.
• You will indemnify and hold harmless Paytm and the SMS/e-mail service provider including its officials from any damages, claims, demands, proceedings, losses, costs, charges and expenses whatsoever including legal charges and attorney’s fees which Paytm or the SMS/e-mail service provider may at any time incur, sustain, suffer or be subjected to as a consequence of, or arising out of, any of the following: (i) misuse by You or improper or fraudulent information provided by You; (ii) incorrect number or a number that belongs to an unrelated third party provided by You; and/or (iii) the customer receiving any message relating to the reservation number, travel itinerary information, booking confirmation, modification to a ticket, cancellation of ticket, change in bus schedule, delay, and/or rescheduling from Paytm and/or the SMS/e-mail service provider.

• violate the T&Cs;
• impersonate any person or entity, falsely claim or otherwise misrepresent Your affiliation with any person or entity, or access the accounts of others without permission, forge another person’s digital signature, misrepresent the source, identity, or content of information transmitted via the Paytm Services, perform any other similar fraudulent activity or otherwise avail Paytm Services with what we reasonably believe to be potentially fraudulent funds;
• infringe our or any third party’s intellectual property rights, rights of publicity or privacy;
• use the Paytm Services if You are under the age of 18 years without a parental sponsor or, in any event, use the Paytm Services if You are under the age of 13 years old even with a parental sponsor and in accordance with applicable law;
• post or transmit any message which is libellous, defamatory or which discloses private or personal matters concerning any person;
• post or transmit any message, data, image or program which is pornographic, vulgar or offensive in nature;
• refuse to cooperate in an investigation or provide confirmation of Your identity or any other information provide by You to Paytm;
• remove, circumvent, disable, damage or otherwise interfere with security-related features of the Paytm Services and the Paytm Platform or features that enforce limitations on the use of the Paytm Services or the Paytm Platform;
• reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of as regards Paytm Services or Paytm Platform or any part thereof, except and only to the extent this is expressly permissible by applicable law;
• use the Paytm Services or the Paytm Platform in any manner that could damage, disable, overburden, or impair it, including, without limitation, using the Paytm Services or the Paytm Platform in an automated manner;
• modify, adapt, translate or create derivative works based upon the Paytm Services and the Paytm Platform or any part thereof, except and only to the extent that that this is permissible by applicable law;
• intentionally interfere with or damage operation of the Paytm Services or the Paytm Platform or any other user’s enjoyment of it, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code or file with contaminating or destructive features;
• use any robot, spider, other automatic device, or manual process to monitor or copy the Paytm Platform without prior written permission;
• interfere or disrupt the Paytm Platform or networks connected to the Paytm Platform;
• take any action that imposes an unreasonably or disproportionately large load on Paytm’s infrastructure/network;
• use any device, software or routine to bypass the Paytm Platform’s robot exclusion headers, or interfere or attempt to interfere, with the Paytm Services;
• forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through the Paytm Platform or to manipulate Your presence on the Paytm Platform;
• sell the Paytm Services, information, or software associated with or derived from it;
• use the facilities and capabilities of the Paytm Platform to conduct any activity or solicit the performance of any illegal activity or other activity which infringes the rights of others;
• breach this Agreement, the SSOID Agreement or any other agreement or policy as may be applicable pursuant to the T&Cs;
• provide false, inaccurate or misleading information;
• use the Paytm Platform to collect or obtain personal information, including without limitation, financial information, about other users of the Paytm Platform, except and only as expressly provided in the T&Cs;
• avail Paytm Services with what Paytm reasonably believes to be potentially fraudulent funds;
• use the Paytm Services in a manner that results in or may result in complaints, disputes, reversals, chargebacks, fees, fines, penalties and other liability to Paytm, a third party or You;
• use the Paytm Services in a manner that Paytm or any payment card network reasonably believe to be an abuse of the payment card system or a violation of payment card network rules;
• take any action that may cause Paytm to lose any of the Paytm Services from its service providers or lose any of its recharge partners or business partners, including mobile operators or telecom companies, payment processors or other suppliers;
• send automated request of any kind to the Paytm Platform without express permission in advance from Paytm.

• provide true, accurate, current and complete information about Yourself (“Registration Data”), Your payment account details (“Payment Data”), Your biller details (“Biller Data”); and
• maintain and promptly update the Registration Data, Payment Data and Biller Data to keep it true, accurate, current and complete at all times. If You provide any information that is untrue, inaccurate, not current or incomplete, or Paytm has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Paytm has the right to suspend or terminate Your account and refuse any and all current or future use of the Paytm Services/Paytm Platform (or any portion thereof). The term biller includes telecom operators.

• If the payment instruction(s) issued by You is/are incomplete, inaccurate, invalid and delayed;
• If the payment account has insufficient funds/limits to cover for the amount as mentioned in the payment instruction(s);
• If the funds available in the payment account are under any encumbrance or charge;
• If Your bank or the clearing centre refuses or delays honouring the payment instruction(s);
• If payment is not processed by biller upon receipt;
• Circumstances beyond the control of Paytm (including, but not limited to fire, flood, natural disasters, bank strikes, power failure, systems failure like computer or communication lines breakdown, unforeseeable causes or interference from an outside force).

1. Paytm is only a bus ticket agent. It does not operate buses or offers bus transport services. In order to provide a comprehensive choice of bus operators, departure times and prices to customers, Paytm has tied up with many bus operators and service providers.
2. Paytm’s advice to customers is to choose the bus operators who they are aware of and whose service they are comfortable with.
3. Paytm’s responsibilities include:
   • issuing a valid ticket (a ticket that will be accepted by the bus operator) for its network of bus operators;
   • providing refund and support in the event of cancellation; and
   • providing customer support and information in case of any delays/inconvenience.
   Paytm’s responsibilities do not include:

• • The bus operator’s bus not departing/reaching on time;
  • The bus operator’s employees being unprofessional or engaging in unlawful conduct;
  • The bus operator’s bus seats, etc., not being up to the customer’s expectation;
  • The bus operator cancelling the trip due to any reason;
  • The baggage of the customer getting lost/stolen/damaged;
  • The bus operator changing a customer’s seat at the last minute to accommodate any of the following passengers: senior citizens, children, pregnant women, persons with disability or any other person in a situation of emergency;
  • The customer waiting at the wrong boarding point (please call the bus operator to find out the exact boarding point if You are not a regular traveller on that particular bus or route);
  • The bus operator changing the boarding point and/or using a pick-up vehicle at the boarding point to take customers to the bus departure point.
• The arrival and departure times mentioned on the ticket are only tentative timings. However, the bus will not leave the source before the time that is mentioned on the ticket.
• Passengers are required to furnish the following at the time of boarding the bus:
  • A copy of the ticket (a printout of the ticket or the printout of the ticket e mail).
  • Identity proof (Aadhaar Card, Driving license, Student ID card, Company ID card, Passport, PAN card or Voter ID card). Failing to do so, they may not be allowed to board the bus.
• Passengers must also be aware of the following :
  • Change of bus: In case the bus operator changes the type of bus due to some reason, Paytm will refund the differential amount to the customer upon being intimated by the customers within 24 hours of the journey.
  • Cancellation Policy: Passengers are expected to read the ticket cancellation policy carefully. Tickets will be cancelled as per the cancellation policy linked with the ticket. The transaction charges will not be refunded in the event of ticket cancellation.
  • Refund policy mentioned on the ticket is indicative. The actual cancellation charges are determined by bus operators and bus providers at the actual time of cancellation. Paytm has no role in governing the cancellation charges.
  • Cancellation charges are calculated on the actual fare of the ticket. If any discount coupons are used while purchasing the ticket, the discounted value would be used to calculate the refund amount when a ticket is cancelled.
  • In case a booking confirmation e mail and SMS gets delayed or fails because of technical reasons or as a result of incorrect e mail ID/phone number provided by the user, etc., a ticket will be considered ‘booked’ as long as the ticket shows up on the confirmation page of the Paytm Platform.
  • Amenities on the buses as shown on Paytm have been configured and provided by the bus service provider (bus operator). These amenities will be provided unless there are some exceptions on certain days. Please note that Paytm provides this information in good faith to help passengers to make an informed decision. Provision of video, air conditioning and any such other services mentioned by Paytm’s travel partners in the buses is their own responsibility. Any refunds/claims due to non-functioning or un-availability of these services needs to be settled directly with the bus service provider.
• Paytm is not responsible for any kind of journey inconvenience, injury or death, caused during the journey or flowing from the journey.
• For any issues relating to cancellation or refund, the passenger may contact Paytm within 15 days of date of travel, beyond which period request would not be processed.
• Paytm may call the mobile phone number provided by You while registering with the Paytm Platform, or any updated mobile number subsequently provided by You on the Paytm Platform, or contact You via e-mail, for the purpose of collecting feedback from You regarding Your travel bookings, including but not limited to the bus facilities and/or services of the bus operator.
• Grievances and claims related to the bus journey should be reported to Paytm support team within 10 days of Your travel date.

• Bookings on the Paytm Platform are facilitated solely on behalf of Orbgen.
• Bookings for the tickets once made by customer / You cannot be cancelled, modified, exchanged or refunded unless such policies are provided at the cinema / Paytm Platform and opted-in by the customer / You while making the movie bookings.
• Your booking confirmation will be sent via an e-mail and / or SMS to the Paytm registered contact details and/or shown in the movies section of the Paytm Platform.
• Booking ID and / or order ID generated through the Paytm Platform, which also includes the Paytm website/application shall be considered as a valid booking ID by Paytm. Any claims / issues pertaining to the booking ID should be raised with and resolved at Paytm’s customer care and the decision of Paytm shall be final and binding. Such complaints shall be raised on the Paytm Platform via Help & Support section.
• Customer / You are advised to keep Your booking IDs secure and in the possession of either Yourself or an authorized representative. Please be aware that anyone who possesses the booking ID will be permitted to exchange it for a valid ticket, without further security checks, as long as they are considered to be the authorized holder of the booking ID.
• Customer / You, or the person collecting the ticket(s) on your behalf, will need to present the booking ID / QR code at the counter in order to avail a physical ticket / digital ticket from the cinema box office at the premises of the cinema hall concerned.
• Please add [email protected], [email protected], [email protected], [email protected] and [email protected] to Your address book to ensure e-mail delivery in your Paytm registered e-mail ID’s inbox / spambox. Paytm and Orbgen shall not be responsible for any loss caused due to the confirmation e-mail or any other e-mail relating to the ticket booking process not being delivered to Your primary e-mail inbox. You may also refer the booking confirmation screen to check the booking details.
• If You do not receive the booking ID (in the form of SMS / e mail / in-app notification / on the Paytm Platform screen) after submitting payment information, or if You receive an error message or service interruption after submitting payment information, You should refresh the page / relaunch the Paytm Platform to get the updated status as booking confirmation can take up to 30 (thirty) minutes. If no booking ID is received even after 30 (thirty) minutes of payment, you should immediately report to the Paytm customer care. Paytm shall not be responsible for any losses occurred during this process, due to any default on the part of banks, payment aggregators etc. or for reasons not attributable to Paytm.
• Booking charges and / or the internet handling charges are levied on all tickets booked online.
• The holder of a physical ticket / digital ticket is deemed to be the owner of the ticket(s).
• In some cases, cinema might request customer / You to show the movie booking confirmation email / SMS / printout / confirmation message of the movie booking on the Paytm Platform in order to validate Your booking. As per the cinema / theatre admission policy, in case a physical ticket is lost or misplaced or digital ticket is not presented via the Paytm Platform, a duplicate ticket might not be issued. Final decision to allow entry will be at the sole discretion of the cinema / theatre management.
• Before purchasing the tickets, You are advised to check the warning about age restrictions for that particular movie. As per applicable laws, individuals under the age of 18 (eighteen) shall not be permitted to enter for movies with an A (adult) rating. Additionally, You are further advised to check for any other applicable entry restrictions or ratings that may be in place for specific movie.
• 3D charges (wherever applicable) may already be included in the ticket prices or may be charged separately from ticket prices or may be collected by the cinema / theatre partner on the cinema premises. Details of charges collected by Paytm will be shown before making the payment. Customer / You should review the transaction amount before making the booking.
• As per the cinema / theatre admission policy, You need to purchase tickets for children above the age of 3 (three) years.
• As per the cinema / theatre admission policy, outside food and beverages are not allowed inside the cinema hall’s premises.
• You are advised to avoid carrying laptops, handycams, digital cameras and any such electronic equipment to the cinema theatre. You are advised to check with the cinema about any restrictions which might be in place for that particular cinema / theatre.
• If the merchant cancels or reschedules the show, Paytm shall not be held responsible for such cancellation(s). In the event that a merchant cancels or reschedules a movie, Paytm will notify customer / You on best effort basis and shall provide a refund according to the cinema / theatre's policy. Where refund is permissible as per the cinema / theatre's policy, Paytm shall automatically issue a refund to Your original payment mode(s) / other payment mode as opted by customer / You with applicable deductions from the amount paid by customer / You for the movie ticket(s) (including any add-on products) booked on Paytm. After Paytm processes the refund, the amount shall be reflected in your bank account / payment mode as per bank timelines.
• If You pay an incorrect amount for a movie ticket, whether due to an error in the displayed price on the Paytm Platform or otherwise communicated to customer / You, or if You are able to book a movie ticket before its scheduled on-sale or presale date, or if You book a movie ticket that was not supposed to have been released for sale, Paytm reserves the right to cancel that particular movie ticket or order and refund the amount that you had paid to the original payment mode(s). This policy applies even in the case of human error or a transactional malfunction on the Paytm Platform.
• All seat layouts are only for representational purposes and the distance between rows including distance from the movie screen can differ from the actual cinema / theatre auditorium.
• In some cases either entire Audi or few seating categories of the Audi could be free seating. In Free seating Audi / seating categories, customer / You can only select the count of seats to be booked. No particular seat is booked and booking details will only show the count of seats booked. In such cases seats are allotted on First come First Serve basis by the cinema / theatre partner.
• Some cinemas allow customers to book movie tickets on Paytm Platform by only paying the booking charges / internet handling charges. Ticket price amount is collected by the cinema / theatre partner at the cinema / theatre itself before allowing entry to the cinema / theatre. Information about cinemas working on such a model will be shown to the Customer / You during the movie booking flow. Customer / You should check the details shown before proceeding with the booking.
• All images shown in the food & beverages section are for representational purposes only.
• In the food & beverages section, any nutritional and / or energy and / or allergens information provided against an item is an approximation and is basis the information shared per-serving by the Cinema. It may differ / vary based on ingredients & portion sizes.
• By booking a ticket on the Paytm Platform, customer / You agree and undertake to adhere to and comply with the terms and conditions of respective cinemas / theatres in respect of all the bookings made by customer / You through the Paytm Platform.
• We may share booking information with Orbgen and the merchants, such as customer’s name, booking ID, customer’s phone number and / or e-mail ID including any other relevant information for smooth customer entry flow within the cinema premises and such information would be used for smooth booking experience and / or availing loyalty or rewards points benefits from the cinema/theatre partners, if any and the customer/ You provide your explicit consent for us to share customer data/Your data with any third parties as may be required. The customer/ You also agree and acknowledge that the third parties with whom customer data is shared shall be classified as the owner of such transferred data and shall have the ability to deal with and/or process such data in any manner that they deem fit.
• By accepting the T&Cs, including the specific terms and conditions in this section, customer / You accept that Paytm and/or Orbgen may send the alerts to the mobile phone number / e-mail / Paytm Platform notification / WhatsApp as per the details provided by the customer / You while registering on the Paytm Platform or to any such number replaced and informed by the customer / You subsequently.
• Notwithstanding anything to the contrary contained herein, neither Paytm and Orbgen nor their respective affiliates or their respective officers, directors, employees, agents shall have any liability to the customer / You or to any third party for any indirect, incidental, special or consequential damages or any loss of revenue or profits arising under or relating to the T&Cs, the Paytm Platform or Paytm Services, even if any of the said parties had been advised of, knew of, or should have known of, the possibility of such damages. Paytm’s and Orbgen’s (and their respective affiliates, officers, directors, employees, and agents) combined maximum aggregate liability to You for any causes whatsoever, and regardless of the form of action (whether liability arises due to negligence or any other tort, breach of contract, violation of statute, misrepresentation or for any other reason), shall at all times be limited to the ticket price or Rs. 5,000, whichever is lower. To the maximum extent permitted by law, You waive, release, discharge and hold harmless Paytm and Orbgen, and their respective affiliates and each of their directors, officers, employees, and agents, from any and all claims, losses, damages, liabilities, expenses and causes of action arising out of your use of the Paytm Platform and/or Paytm services. In case of any issues, the interpretation of the same shall be at the sole discretion of Paytm and shall be considered as final and binding on You.
• Under no circumstances should customer / You entertain anyone who is selling printouts or SMS messages of booking IDs claiming to be generated by Paytm. If You happen to come across someone who is engaged in this activity, it is important that you report it promptly to Paytm customer care team and to Your local police station.

1. 1. Cinema / theatre partners may choose to provide flexibility of movie ticket cancellation at their own discretion. These details as made available to Paytm will be available to customer / You at the time of the movie ticket booking.
2. 2. Benefits of cinema partner’s cancellation policy would be passed on to customer / You on “as-is” basis and Paytm has no rights / control on the cancellation policy of cinema/ theatre partners.
3. 3. Cinema / theatre partners may change the refund slab of ticket cancellation without any prior information and the refund amount may vary from time-to-time. You should check the complete booking and cancellation policy before proceeding to book tickets.
4. 4. Cancellation charges provided by cinema/theatre partners will be applicable on cancellation of any booking which may vary from time to time or based on Your booking and cancellation policy. Paytm shall not be held responsible for any such changes made to booking and / or cancellation policy.
5. 5. Cinema / theatre partner may choose to provide such cancellation policy benefits to all or some selective users at their sole discretion.
6. 6. Partial cancellation of an order / booking / tickets is not allowed.
7. 7. Benefits of any applied promocode on the order will be considered as redeemed / fulfilled if the ticket(s) are cancelled by customer / You and the benefits of the promocode shall not be availed on any other bookings.
8. 8. Refund received for the cancelled booking (if any) will be after deduction of any cancellation charges, booking charges, internet handling charges, food vouchers, 3D glass charges, applicable taxes and promotional benefits.
9. 9. If the cancellation of the booking is unsuccessful for any reason, a refund will not be issued and the booking will be considered 'not cancelled' i.e. valid. You may try to cancel the booking after some time if the booking is still under the cancellation window as per the cancellation policy. In such cases customer / You must contact the Paytm customer care team and / or cinema customer support with Your booking details.
10. 10. Paytm has the right, in its sole discretion, at anytime to adjust, supplement, modify, revise, terminate, or carry out any necessary alterations to these terms and conditions and/or the cancellation feature, either entirely or partially.

1. 1. Paytm may offer food vouchers by partnering with a few cinema chains to offer you food vouchers which can be redeemed at the cinema premises.
2. 2. The food vouchers may be available for purchase in the ‘food section’ of the Paytm Platform while booking movie tickets for the respective cinemas.
3. 3. On buying this food voucher (if available), customer/You will get a code through email and / or SMS which You can use to purchase food and beverage items at the cinema premises. You can also find the code on the order summary page which can be accessed by selecting Your order in your ‘order history’ of Your Paytm website / application.
4. 4. Based on the respective cinema partners’ discretion, food vouchers purchased of any national / regional cinema chains may be valid at most of the cinemas under that cinema chain with few exceptions. You are advised to check the details / terms & conditions of the food voucher before making the purchase.
5. 5. Each food voucher may have an expiry date attached to it and is valid for any show till the expiry of that food voucher.
6. 6. The food voucher is non-refundable, either before or after the expiry or in case of show cancellation or cancellation of booking as per cinema movie ticket cancellation policy.
7. 7. Partial redemption of the food voucher is not allowed.
8. 8. Cinema / theatre partner may allow only one food voucher to be redeemed in one transaction and any excess amount in addition to the one mentioned on the food voucher needs to be paid at the cinema / theatre.

• Bookings for the tickets once made by You cannot be cancelled, exchanged or refunded;
• Your booking confirmation will be sent via an e mail and/or SMS. For e-tickets, You need to print and present the e-mail confirmation at the ticket counter in order to avail a physical ticket(s)and/or band(s), as the case may be, from the ticket counter;
• Paytm will not responsible for any loss, damage or injury sustained by the customer at the theme park/water park/amusement park premises or any other similar establishment for which ticket(s) were purchased through the Paytm Platform;
• Paytm will not be responsible if certain activities, rides, slides and attractions purported to be offered by the merchant were not functional on any particular day;
• By purchasing tickets through the Paytm Platform, You warrant and represent that You are in good health and acknowledge the risks that are incumbent while undertaking the activities offered by the merchants;
• Paytm shall will not be responsible for Your health, safety and well-being during or after undertaking the activities offered by the merchant;
• To collect the tickets from the ticket counter, it is mandatory for You to present to the merchant run ticket counter, the debit/credit card that has been used to book tickets along with the booking confirmation (SMS/e-mail printout). The holder of a physical ticket is deemed to be the owner of the ticket;
• A convenience fee per booking in respect of the ticket may be levied on the tickets booked by You online. Kindly check once before You make the booking;
• You need to make bookings for the tickets in respect of children (of certain age or height) as per the merchant terms and conditions;
• As per the merchant terms and conditions, in case a physical ticket and/or band is lost or misplaced, a duplicate ticket and/or band cannot be issued;
• If the merchant cancels the activities, Paytm will not be held responsible for the same. In such cases, Paytm will automatically issue a refund to Your Paytm wallet with applicable deductions the amount paid by You for the ticket(s) booked on Paytm within 96 hours from the event date;
• If You do not receive a confirmation number (in the form of a confirmation SMS or e mail) after submitting payment information, or if You receive an error message or service interruption after submitting payment information, You should immediately report to the Paytm customer care. Paytm will not be responsible for any losses occurred in the process;
• By making a booking of a merchant ticket, You agree and undertake to adhere to and comply with the terms and conditions of respective merchant establishments in respect of all the bookings made by You for the tickets through the Paytm Platform;
• As per the merchant terms and conditions, outside food and beverages are not allowed inside the premises;
• By accepting the T&Cs, including the specific terms and conditions in this section, You accept that Paytm may send the alerts to the mobile phone number/email provided by You while registering for the Paytm Platform or to any such number replaced and informed by You subsequently;
• Notwithstanding anything to the contrary contained herein, neither Paytm nor its affiliates of Paytm, its officers, directors, employees shall have any liability to You or to any third party for any direct, indirect, incidental, special or consequential damages or any loss of revenue or profits arising under or relating to these terms, the Paytm Platform or the Paytm Services, even if any of said parties had been advised of, knew of, or should have known of the possibility of such damages. To the maximum extent permitted by law, Paytm’s maximum aggregate liability to You for any causes whatsoever, and regardless of the form of action (whether liability arises due to negligence or any other tort, breach of contract, violation of statute, misrepresentation or for any other reason), will at all times be limited to Rs. 5,000. To the maximum extent permitted by law, You waive, release, discharge and hold harmless Paytm or affiliates of Paytm, , and each of their directors, officers, employees, from any and all claims, losses, damages, liabilities, expenses and causes of action arising out of Your use of the online platform;

1. One97 shall provide facility/capability to the Entity to accept e-RUPI voucher for redemption. One97 shall forward the e-RUPI voucher to bank/(s) (which had initiated requests to create e-RUPI) for necessary validation including mapping of merchant category code with purpose code. On receiving the successful response for the validation request, One97 will validate the customer using the verification code. Once the e-RUPI voucher is validated, customer will receive verification code on his mobile number to be entered on Entity’s device integrated with Paytm Platform for verification. Post verification of Entity, the e-RUPI voucher shall be redeemed.
2. The Transaction Amount paid using e-RUPI voucher, and so collected by One97 on behalf of the Entity shall be deposited in One97’s Nodal Bank Account. Upon receipt of confirmation of receipt/recovery of the amount from the e-RUPI voucher, One97 shall electronically acknowledge the receipt of the amount so received. Upon receipt of such acknowledgement, Entity shall deliver the Services as per the Customer Order and shall provide the invoice to the Customer.
3. The payments so collected on behalf of the Entity will be released from the Nodal Bank Account by One97 to the bank account specified by Entity in Entity Detail Form within T+1 days (“T” here represents the Date on which One97 receives Transaction Amount from the Facility Provider in its Nodal Bank Account) provided in Entity Detail Form attached hereto. Provided that in case T+1 day is not a Business Day, then the payment shall be made on the immediately following Business Day.
4. The terms and conditions including issuance, redemption and expiry of e-RUPI voucher shall be as per prevailing laws.
5. You must comply with all applicable laws when accepting e-RUPI voucher as a payment instrument. You are not permitted to use e-RUPI voucher in violation of applicable laws.
6. Paytm does not at any point of time during any transaction between the customer and Entity, take the ownership of any of the Services provided by the Entity nor does Paytm at any point asserts any rights or claims over the Services offered by the Entity to the customer.
7. Notwithstanding anything to the contrary, neither Paytm nor affiliates of Paytm, its officers, directors, employees shall have any liability to You or to any third party for any indirect, incidental, special or consequential damages or any loss of revenue or profits arising under or relating to these Terms, the Paytm Platform, even if any of said parties had been advised of, knew of, or should have known of the possibility of such damages. The liability of Paytm shall at all times be limited to the value of the eRupi voucher or Rs. five thousand which is lower. You waive, release, discharge and hold harmless Paytm or affiliates of Paytm, and each of their directors, officers, employees, from any and all claims, losses, damages, liabilities, expenses and causes of action arising out of Your use of Paytm Platform.
8. In addition to these terms and conditions, the other terms and conditions are set out in "Terms and Condition" section of the Paytm for Business" application or website located on business.paytm.com

Bus Ticket and Hotel Booking

1. You hereby acknowledge and agree that Paytm merely provides online marketplace services through its Paytm Platform (including but not limited to its website www.paytm.com or app) in order to facilitate listings/bookings by aggregators directly and/or through its Merchants (including but not limited to flight, hotel and Bus booking and price comparisons). The travel booking related services are also called the Marketplace Terms are an integral part of the Agreement and the T&Cs. You can make these bookings subject to the respective aggregator’s terms and conditions.
2. Most hotels have a policy that do not allow unmarried couples to check in. For more information, Paytm requests You to contact the hotel in order to get further clarifications and confirmation or the same can be confirmed on their websites as well. You are requested to please go through the Merchant/vendor provided terms and conditions before making any bookings for hotels, flights, bus, etc., through the Paytm Platform.
3. If a link to the Merchant/vendor specific terms and conditions is not provided here then You are expected to find them on their websites or procure them from the vendors/Merchants directly through any other means. Paytm is not responsible for Your inability to access such terms and conditions or for any loss resulting from such terms and conditions or lack thereof. You agree and acknowledge that the actual contract for sale is directly between You and the Merchant/vendor. Paytm provides these services to You which are informational in nature.
4. Paytm is not a travel or booking agent or a last mile service provider to You and, therefore, Paytm shall not be deemed to be liable for any fault in the content/booking/listing services provided by aggregator or the Merchant/vendor. However, in the case of airlines, Paym may act as an online travel agent.
5. Paytm is not responsible for setting or controlling the prices applicable to such searches and bookings through the Paytm Platform. All such listings/bookings are provided by the aggregator directly and/or through its Merchants/vendors and are subject to the terms and conditions imposed by the concerned aggregator or the Merchant/vendor. Paytm does not control or prevent changes in the published details and descriptions of websites/apps operated by the aggregator or the Merchant/vendor and is not responsible for any content therein. Paytm has no control over the existence, quality, safety or legality of items displayed; the accuracy of the aggregator’s content or listings; the ability of the aggregator and Merchant/vendor to sell items or provide services. Paytm does not at any point of time during any transaction between You and aggregator/Merchant/vendor, take the ownership of any of the listing, bookings offered by the aggregator/Merchant/vendor. Nor does Paytm at any point asserts any rights or claims over the same offered by the aggregator/Merchant/vendor to You. In using the online marketplace service or where Paytm is an online travel agent, You explicitly agree and acknowledge that:
• Paytm, through the Paytm Platform makes available, content/listings/bookings offered by the aggregators either directly and/or through its Merchants/vendors. Availing such bookings/listings will be subject to the terms of offer for sale and such other additional terms, if any, as specified by such aggregator.
• Paytm is not a warrantor of the content/listings/bookings being offered on Paytm by various aggregators or Merchant/vendors. You understand that any issue or disputes regarding the warranty, guarantee, quality, and service will be addressed as per the terms and conditions of the aggregator or the Merchant/vendors, and You agree to handle such issues and disputes directly between You and the aggregator or Merchant/vendor. You acknowledge that Paytm gives no guarantee, either express or implied, regarding the use or availability of online marketplace service or bookings made by You through the online marketplace or where Paytm is acting as an online travel agent.
• Paytm, may at its discretion, offer marketing promotion benefits by way of gift coupons, cash back, free gifts, etc., on all or some of the products or services from time to time. Paytm is not liable for any defect or fault in listings/bookings, content the product or deficiency in service of the aggregator or Merchant/vendor purchased through the Paytm Platform. Paytm is not responsible for any warranty, guarantee, post sale claims, genuineness of listings/bookings, content, products and services as Paytm is just a platform that facilitates booking through the aggregator or Merchant/vendor. Paytm will not be liable for any claims including but not limited to any misrepresentation by the aggregator or the Merchant/vendor in its content/listings/bookings.
• The Paytm Platform makes available general Third Party Content. Third Party Content would also be available to You on the e-mail received by You from Paytm. Paytm will not be responsible for infringement of any third party’s intellectual property rights and rights of privacy in such cases. The provision of Third Party Content is for general informational purposes only. You acknowledge that the Third Party Content provided to You is obtained from sources believed to be reliable. Paytm does not provide any guarantee with respect to any the Third Party Content and Paytm shall not be held liable for any loss suffered by You based on its reliance on/or use of such Third Party Content. You should contact such third party site/app for their terms and conditions, privacy policy, complaints and clarification governing various features and offers or the products and services offered by them.
• Cancellation/refund: The cancellation/refund in respect of the bookings and charges, if any, will also be governed as per the terms and conditions of the aggregator or of the Merchant/vendor. Paytm has no role in governing refund/cancellation charges. Where Paytm is an online marketplace services provider, Paytm will not be responsible for refund/cancellation including any charges arising therefrom. However for flights or IRCTC where Paytm is an online travel agent, Paytm will act as per the airline or IRCTC prescribed terms. The aggregator or the merchant/vendor is solely responsible for the content/listings/bookings made available by it through the Paytm Platform and You should contact the respective aggregator or Merchant/vendor directly in relation to the above mentioned queries. Where Paytm is acting as an online travel agent (for flights and IRCTC ) you may reach out to Paytm directly as well.
• Use of Information: By accepting T&Cs in general including the SSOID terms and the Marketplace Terms, You accept that Paytm may send alerts to the mobile phone number/ e-mail address provided by You while registering for the Paytm Service/Paytm Platform or to any such number/e-mail address replaced and informed by You subsequently.
• Limitation of liability and waiver: In no event, Paytm will be liable to You for any special, indirect, incidental, consequential, punitive, reliance, or exemplary damages (including without limitation lost business opportunities, lost revenues, or loss of anticipated profits or any other pecuniary or non-pecuniary loss or damage of any nature whatsoever) arising out of or relating to: (i) this Agreement, including these T&Cs and Marketplace Terms; (ii) the SSOID Agreement; (iii) the Paytm Services, the Paytm Platform or any reference site/app/platform/service; or (iv) Your use or inability to use the Paytm Services, the Paytm Platform (including any and all materials) or any reference sites/app/platform/service, even if Paytm or a Paytm authorized representative has been advised of the possibility of such damages. In no event, Paytm or any of its directors, employees will be liable to You for any damages, liabilities, losses, and causes of action arising out of or relating to: (i) this Agreement, including these T&Cs and the Marketplace Terms; (ii) the SSOID Agreement; (iii) the Paytm Services, the Paytm Platform or any reference site/app/platform/service; or (iv) Your use or inability to use the Paytm services, the Paytm Platform (including any and all materials) or any reference sites/app/platform/service; or (v) any other interactions with Paytm, however caused and whether arising in contract, tort including negligence, warranty or otherwise, beyond or in excess of the amount paid by You, if any, for using the portion of the Paytm Service or the Paytm Platform giving rise to the cause of action, or beyond or in excess Rs. 5,000, whichever is less. You acknowledge and agree that Paytm has offered its products and services, set its prices, and entered into this Agreement in reliance upon the warranty disclaimers and the limitations of liability set forth herein, that the warranty disclaimers and the limitations of liability set forth herein reflect a reasonable and fair allocation of risk between You and Paytm, and that the warranty disclaimers and the limitations of liability set forth herein form an essential basis of the bargain between You and Paytm. Paytm would not be able to provide the services to You on an economically reasonable basis without these limitations. Applicable law may not completely allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitations or exclusions will apply to You subject to applicable law. In such cases, Paytm’s liability will be limited to the fullest extent permitted by applicable law. This paragraph shall survive the termination of this Agreement, including these T&Cs, SSOID terms and the Marketplace Terms.
• Dispute Resolutions: If any dispute, controversy or claim arises under this Agreement or in relation to any Paytm Service or the Paytm Platform, including any question regarding the existence, validity or termination of this Agreement or these T&Cs or these Marketplace Terms (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, Paytm may elect to resolve any Dispute by a binding arbitration in accordance with the provisions of the Indian Arbitration & Conciliation Act, 1996 (hereinafter Act). 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 New Delhi and the language of this arbitration shall be English. Either You or Paytm may seek any interim or preliminary relief from a court of competent jurisdiction in New Delhi necessary to protect the rights or the property belonging to You or Paytm (or any of our agents, suppliers, and subcontractors), pending the completion of arbitration. Any arbitration shall be confidential, and neither You nor Paytm 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 Paytm. In all arbitrations, each party will bear the expense of its own lawyers and preparation. This paragraph shall survive termination of this Agreement, the T&Cs or the Marketplace Terms.
• Jurisdiction: Subject to the Dispute Resolution section above, You agree that any claim or dispute You may have against Paytm must be resolved by a court having jurisdiction in New Delhi, India. You agree to submit to the personal jurisdiction of the courts located within New Delhi, 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.

Airline Bookings

1. Paytm merely acts as a facilitator to enable You to book a flight ticket through the Paytm Platform. The Airline tickets available through Paytm are subject to the terms & conditions of carriage of the concerned Airline. You agree and acknowledge that the actual contract for sale is directly between You and the Airline and that Paytm is not responsible for any issue or disputes regarding the warranty, guarantee, quality, and service. The same will be addressed as per the terms and conditions of the Airlines, and You agree to handle such issues and disputes directly between You and the Airlines.
2. The Airline retains the right to reschedule flight timings, route or cancel flights or itineraries without prior intimation. Paytm is not liable for any loss, direct or incidental, that You may incur due to such change or cancellation of a flight by the Airline. Any changes that are made to any existing booking shall be subject to any charge/s levied by the respective Airline, You shall be obligated to pay applicable charges in the event of any alteration or modification to an existing booking.
3. You shall be responsible to ensure that You are in possession of valid travel document/s including but not limited to identity proof, passport, visa (including transit visa) etc. required to undertake the travel. Please check the visa and passport requirements needed for Your travel itinerary from the Airline. Paytm recommends that You ensure checking the requirements of travel of the respective jurisdictions You may transit through with the Airlines.
4. Tickets booked under certain special categories like student fare, defense fare etc. have additional documentation required. You may be denied boarding by the Airline in case these additional documents are not produced at the time of boarding. You are advised to check with the Airline for the valid documents required for tickets booked under special fares. You understands that the information (if any) provided by Paytm regarding the travel documents is only advisory in nature and should not be considered conclusive. Paytm is not liable for issues related to visa and incorrect passport info or any issues arising under the laws of India or of any other country.
5. You should check with the airlines directly regarding the check-in timings. Usually, check-in begins 2 hours before departure for domestic flights, and 3 hours before departure for international flights. Failure to check in within the prescribed timelines the Airlines may refuse to allow boarding and accordingly the ticket would result in a “No-show”.

Refund

1. Refunds will be processed as per the airline fare rules and cancellation policy. The refund policy varies for the different Airlines. For any refund to be processed you have to raise the refund request with Paytm. All cancellations made directly with the Airline need to be intimated to Paytm, in order to initiate the process of refund. Any refunds due to you shall be processed subject to Paytm receiving the same from the airlines. In the event the airlines processes the refund in the form of a credit to be utilized for future bookings made on the same Airline, Paytm shall process the same to reflect against your account and You would be able to utilize the available credit for booking future travel on the same Airline. You agree that in no event shall Paytm be refunding to You, the applicable refund amount in cash if the refund received from the Airlines is in the form of a credit entry. In the event of a No Show, where You did not board the flight, you may request for a refund on the Airport Tax paid after the scheduled date of travel. Paytm will claim the same from the airline on your behalf for necessary refund to you. The refund shall be processed after deducting the PAYTM convenience fee applicable for the transaction.
2. You are requested to claim the refund within a period not exceeding 365 days from the date of the journey. For claiming any pending refunds you may check on the “my booking” tab on the Paytm Travel section. The processing time for refunds may vary depending on the mode of payment, bank etc. In the case of refunds from the Airline made in cash the refund will be credited to the same account from which the payment was made. For example, if You used a credit card, PAYTM will make an appropriate charge reversal to the same credit card; like-wise if You used a debit card, PAYTM will credit the money to the same debit card. In the event of cancellation and refund of partially utilized tickets, upfront discount and promo code discount availed at the time of booking would be deducted from the refund amount.

Train Ticket Bookings:

1. Paytm merely acts as a facilitator to enable You to search or book a Train ticket through the Paytm Platform . All train bookings or reservations made through the Paytm Platform are further subject to the applicable terms and conditions by Indian Railways/ IRCTC. The Indian Railways/IRCTC booking terms and conditions can be found on the link provided below;
2. http://www.indianrail.gov.in/enquiry/StaticPages/StaticEnquiry.jsp?StaticPage=index.html
3. Booking Process-To book Train tickets, You will be redirected to the IRCTC website/application. You will then be required to enter Your IRCTC username and password in order to proceed with booking of the Train tickets through Paytm website/application. Users can book a maximum of 6 seats/ berthsin a booking . Seat/ berth allotment is done by IRCTC based on their internal allocation logic & algorithm. Paytm does not guarantee confirmation of the booking and/or allotment of preferred seat/ berth. Fully waitlistede-tickets are automatically cancelled by IRCTC after chart preparation. If passengers with “Waitlist” ticket status are found travelling, they will be treated as “without-ticket” and are liable to be penalized as per IRCTC rules. Tickets booked are non-transferrable in nature and are subject to identity verification. Users must carry with them prescribed/valid government identity proofs such as PAN card/ Aadhar Card/ Voter ID, Passport etc. at the time of travel or boarding the train for verification/validation purposes. Paytm shall not be responsible for any change in the train schedule by Indian Railways. Users are advised to confirm their train timings ,atleast 24 hours prior to their date of journey.
4. Modifications – You shall not be able to modify or make any alterations with respect to Train tickets booked including but not limited to any change in passenger names, change in route, boarding point, date of travel, class of travel etc. through the Paytm Platform. Any modifications to booked tickets can be made only by IRCTC. You are advised to reach out to IRCTC on their customer support numbers/helpline services for any modification of a booked Train ticket.
5. Payments, Cancellations and Refunds: Booked train tickets can be cancelled only before chart preparation. Cancellation charges may vary depending on ticket type and time of ticket cancellation. Any Cancellations and refunds will be based on Indian Railways refund and TDR( Ticket Deposit Receipt) filing rules as amended from time to time.In order to make an informed decision You are advised to go through entire “IRCTC cancellation policy” prior to cancellation to know about the relevant/applicable cancellation charges. You can find IRCTC cancellation policy and rules on the link/s provided below:
6. http://www.indianrail.gov.in/enquiry/StaticPages/StaticEnquiry.jsp?StaticPage=refund_Rules.html&locale=en
7. http://contents.irctc.co.in/en/eticketCancel.html
8. https://contents.irctc.co.in/en/CancellationRulesforIRCTCTrain.pdf
9. While Paytm endeavors to keep the rules and regulations updated at all times but it shall, under no circumstances, be held responsible/liable for not doing the same. You are advised to reach out to IRCTC directly on their allocated customer support numbers/helpline services for all relevant information/ queries related to their booking/bookings.
10. The payment gateway charges/service fee charged by Paytm at the time of booking the tickets are non-refundable under any & all circumstances. For cancelled or dropped transactions the amount deducted (if any) shall be refunded to the same User bank account/credit card/debit card/Paytm wallet, etc. which was used for booking tickets. Paytm is only a facilitator and any refund for any bookings which are not delivered by IRCTC or for any reason for which You are entitled for a refund is subject to Paytm receiving the amount from IRCTC. You hereby acknowledge and agree that Paytm shall not be held liable for any delay in refund or non-refund of the amount from Indian Railway/ IRCTC.

1. In these Terms, references to “You/you/Your”, or “Customer” shall mean the counterparty who transacts using the Paytm “Platform”, being a natural person, buying Gold, redeeming Gold in the form of redeemable products, selling back Gold to MMTC-PAMP. “Platform” shall mean, and include, the platforms (website, mobile apps, others) of One97 Communications, 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”, “MMTC-PAMP”, “we”, “us” and “our” shall mean MMTC-PAMP India Private Limited. . “Transfer” refers to a facility to transfer Gold from a gold account to gold account of another Customer(s).
2. 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
3. MMTC-PAMP/One97 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 MMTC-PAMP / One97, the Customer will be required to provide additional documents for fulfilling the KYC requirements. You authorize MMTC-PAMP and One97 to make such enquiries as they may feel necessary to satisfy themselves about the validity of Your identity. You undertake to update us and One97 in case of change of Your existing information or verification documents provided by you.
4. You shall be responsible for the correctness of information to MMTC-PAMP / One97 from time to time. If you have reasons to believe that there is an error in the information furnished to MMTC-PAMP / One97 You shall immediately advice the MMTC-PAMP / One 97 in writing and forthwith provide correct / updated information.
5. We reserve the right to terminate any Gold 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 MMTC-PAMP and One97 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.
6. You can offer to buy Gold worth Rs. 1.00 (Rupee One Only) and above incremental value thereof at the live purchase price of Gold of 999.9 purity displayed on the Platform.
7. Payment will be accepted only through Your Paytm wallet or other payment options made available on the Platform. At the time of purchase / redemption / sale-back / transfer of Gold, the relevant taxes will be chargeable as applicable as per the Government regulations.
8. 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 MMTC-PAMP from time to time at its sole discretion.
9. 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 MMTC-PAMP.
10. For each confirmed purchase of Gold by the Customer , MMTC-PAMP 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 by the Customer. The Gold purchased by You or transferred to Your Gold account will be allocated and stored in a highly advanced and secured vault of MMTC-PAMP, with full insurance cover. If You redeem Your gold after the Custody Period, additional charges will be levied.
11. The Customer will have the option of redeeming and asking for physical delivery of the full or part of the accumulated gold holding, in the form of redeemable products starting from 1 (One) gm and above. The residual fractional gold remaining, upon redemption / Transfer by You of the entire gold holding, can be sold back by You to us at the live sell-back price of gold of 999.9 purity and the corresponding amount against the residual fractional gold sold by You will be credited in Your Paytm wallet instantly.
12. The Customer cannot buy and redeem Gold on the same day.
13. You need to pay the applicable making and delivery charges from Your Paytm wallet or other payment instruments made available on the Platform in order to redeem the redeemable product of Your choice.
14. Once the redemption has been initiated by You and payment received then Your gold grams will be debited accordingly from Your Gold account.
15. MMTC-PAMP may also, from time to time in future, offer/permit the Customer to sell-back its gold in fraction to MMTC-PAMP at prevailing live sell-back price of gold of 999.9 purity, during the offer period as may be announced / permitted by MMTC-PAMP. The money against the fractional gold sold by a Customer would be credited to the customer.
16. Live purchase price of Gold 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 / quantity of Gold to be redeemed / sold back will be displayed based on live sell-back price of Gold. The live purchase price of Gold and live sell-back price of Gold 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 or sell-back residual fractional Gold, You may make another offer at the changed price. MMTC-PAMP disclaims any and all claims and/or liabilities arising from such non acceptance of offer or revision in prices.
17. While availing any of the payment method/s available on the Platform, MMTC-PAMP/One97 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:
    1. Lack of authorization for any transaction/s,
    2. Exceeding the preset limit mutually agreed by and between the Customer and relevant banks of the Customer,
    3. Any payment issues arising out of the transaction,
    4. Illegitimacy of the payment methods (credit/debit card frauds etc.) being used by a Customer;
    5. Temporarily discontinuation of invitation to offer; and / or
    6. Decline of transaction for any reason(s) whatsoever.
18. MMTC-PAMP may, at its discretion, prescribe maximum individual/cumulative limits for Customers to accumulate gold or transfer Gold through this scheme from time to time, and reserves the right to refuse to accept order exceeding such limit.
19. At any point of time on any day MMTC-PAMP may temporarily discontinue the invitation to offer for any reason whatsoever.
20. MMTC-PAMP will, at its discretion, close down gold account of Customers, if (a) they are inactive accounts,(for six months) (b) their Custody Period has expired and / or (c) if MMTC-PAMP decides to discontinue the scheme. In such an event, Customers will be required to redeem and / or sell-back their gold holdings. In the event the Customer chooses not to respond, then (i) in case of expiry of Custody Period, MMTC-PAMP reserves the right to repurchase the gold 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, MMTC-PAMP reserves the right to repurchase the gold 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 MMTC-PAMP, MMTC-PAMP reserves the right to repurchase the gold 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.
21. All the proceedings of such forced buy back by MMTC- PAMP shall be kept in a dedicated GAP account and Customer or its successors can claim it after providing sufficient proofs (Id, relationship etc)
22. 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.
23. 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 MMTC-PAMP will endeavor to deliver the Products on the dates intimated, the MMTC-PAMP disclaims any claims or liabilities arising from any delay in this regard.
24. The logistics partner of MMTC-PAMP will make a maximum of three attempts to deliver Your order. After three attempts gold coin will be delivered back to MMTC-PAMP and customer will need to put the fresh request for the redemption.
25. MMTC-PAMP 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 MMTC-PAMP.
26. 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 MMTC PAMP 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 account is over credited or wrongfully credited / debited, then MMTC PAMP has right to reverse / cancel without notice or require cancellation / reversal of such transaction at its sole discretion and debit / credit the gold to / from Your gold account, as the case may be. MMTC-PAMP shall not be liable for any wrong transfer of gold by you to another account (including but not limited to transfer to a different user / customer etc.) and the gold grams shall not be reversed to you in case of an erroneous transfer and / or in case the transferee has already transacted the gold transferred.
27. Upon MMTC-PAMP confirming the purchase, redemption, sale-back of Gold in his / her Gold 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.
28. 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 account, failing which it shall be deemed that there is no error or discrepancies in the account. All records maintained by MMTC-PAMP, 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.
29. The Customer understands and acknowledges that any purchase, redemption, sale-back or transfer from / to gold 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 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. MMTC-PAMP will not be liable in any manner in this regard.
30. The Customer feedbacks pertaining to products shall be deemed to be non-confidential and non-compensatory in nature. MMTC-PAMP reserves the right, at its sole discretion to use such information for its internal purposes.
31. In the event of termination / expiry of MMTC-PAMP’s arrangement with One97 / Paytm or otherwise at any point of time, MMTC-PAMP and Paytm may agree to migrate Your Gold account to an alternative platform and continue with Gold account on such alternative platform (as decided by MMTC-PAMP). MMTC-PAMP/Paytm shall also be entitled to notify the Customer for redemption of the products within the time lines as specified in the notice sent by MMTC-PAMP in this regard.
32. These Terms shall be governed by and interpreted and construed in accordance with the laws of India. The courts in New Delhi shall have exclusive jurisdiction in respect of any matters arising therefrom.
33. 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.
34. Waiver: Any failure or delay by Paytm/MMTC-PAMP to enforce or exercise any provision of these Terms, or any related right, shall not constitute a waiver by Paytm/MMTC-PAMP of that provision or right. The exercise of one or more of a Paytm/MMTC-PAMP’s rights hereunder shall not be a waiver of, or preclude the exercise of, any rights or remedies available to MMTC-PAMP 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 MMTC-PAMP.
35. Force Majeure: If performance under these Terms by Paytm/MMTC-PAMP 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 Paytm/MMTC-PAMP and could not have been prevented by reasonable precautions then the MMTC-PAMP 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 Paytm/MMTC-PAMP of its obligations herein.
36. Absence of relationship: You represent and warrant to Paytm/MMTC-PAMP that You have sufficient experience and knowledge to make informed decisions to purchase/ redeem/ / sale-back Gold/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 Paytm/MMTC-PAMP, and that Paytm/MMTC-PAMP is not making any recommendation with respect to such purchases/redemption/sale-back/ of Gold/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 MMTC-PAMP.
37. 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 Paytm/MMTC-PAMP. Therefore, Paytm/MMTC-PAMP 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 Paytm/MMTC-PAMP’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, Paytm/MMTC-PAMP reserves the right, at our sole discretion, to refuse or cancel or reject any orders placed for the products. Furthermore, MMTC-PAMP 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.
38. 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/Redeemable Products. Paytm/MMTC-PAMP 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. Paytm/MMTC-PAMP 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.
39. Indemnification: Customer hereby agrees to indemnify and keep Paytm indemnified from and against all actions, claims, demands, proceedings, losses, damages, personal injury, costs, charges and expenses, directly or indirectly, whatsoever (‘Losses’) which Paytm 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:
    1. the usage of the Platform by the Customer;
    2. by reason of MMTC-PAMP ‘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;
    3. breach or noncompliance of the Terms and relating to the gold account; and/or
    4. fraud or dishonesty relating to any transaction by the Customer.
    Without prejudice to the foregoing, Paytm shall be under no liability whatsoever to the Customer in respect of any loss or damage arising directly or indirectly out of:
    1. Effecting transaction based on instructions received from Customers,
    2. The instruction of a Customer to transfer Gold from his / her gold account to another gold account,
    3. The exercise by MMTC-PAMP of its right to terminate / exercise the facility/services provided on the Platform,
    4. Any injury to the credit, character and reputation of the Customer due to use of facility/ services on the Platform,
    5. Any misstatement, misrepresentation, error or omission in any details disclosed by Paytm/MMTC-PAMP if it receives any process, summons, order, injunction, execution distrait, levy lien, information or notice which Paytm/MMTC-PAMP 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, MMTC-PAMP 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/ product, or may handover such gold/product over to an appropriate authority and take any other steps required by applicable law.
40. Disclaimers and limits of liability: Paytm/MMTC-PAMP does not make any representations, recommendations, projections, warranties or guarantees of any kind, either expressed or implied, as to the performance of its Gold/Redeemable Products with respect to future prices or any return on investment. Paytm/MMTC-PAMP 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 to gold account of any other Customer. Paytm/MMTC-PAMP 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. MMTC-PAMP 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, Paytm/MMTC-PAMP 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.
41. You acknowledge that Paytm/MMTC-PAMP will not be liable to You or any other person as a result of Your access or use of Gold/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 Paytm/MMTC-PAMP 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 Paytm/MMTC-PAMP 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.
42. 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.
43. You declare that gold You are selling was previously owned by You for personal use.
44. You declare that You are not an unregistered dealer of gold and silver or any other precious metal ornament or any related product.
45. 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.

1. In these Terms, references to “You/you/Your”, or “Customer” shall mean the counterparty who transacts using the Paytm Platform/Platform, being a natural person, buying Gold, redeeming Gold in the form of redeemable products, selling back Gold to Augmont. “Platform” shall mean, and include, the platforms (website, mobile apps, others) of One97 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”, “Augmont”, “we/We”, “us” and “our” shall mean Augmont Gold Private Limited. “Customer’s Gold Accumulation Plan Account”/ (“GAP account”)” shall mean gold accumulation plan account of the individual Customer identified through his/her Paytm account based in the registered mobile number present in records of One97. “Transfer” refers to a facility to transfer Gold from a GAP account to another Customer’s GAP account.
2. Augmont or One97 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.
3. Augmont/One97 shall be entitled to collect and store relevant information and documents provided by the Customer. Further, as and when required by Augmont / One97 based on the government regulations, the Customer will be required to provide additional documents for fulfilling the KYC requirements. You authorize Augmont and One97 to make such enquiries as they may feel necessary to satisfy themselves about the validity of Your identity. You undertake to update us and One97 in case of change of Your existing information or verification documents provided by You.
4. 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 Augmont /One97 You shall immediately advice the Augmont / One 97 in writing and forthwith provide correct / updated information.
5. If you provide any information that is untrue, inaccurate, not current or incomplete, or Augmont/One97 has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Augmont/One97 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 One97 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.
6. You can offer to buy Gold worth Rs. 1.00 (Rupee One Only) and above incremental value thereof at the live purchase price of Gold of 99.9% purity displayed on the Platform.
7. Payment will be accepted only through Your Paytm wallet or other payment options made available on the Platform. At the time of purchase / redemption / sale-back / transfer of Gold, the relevant taxes will be chargeable as applicable as per the Government regulations.
8. 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 Augmont from time to time at its sole discretion.
9. 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 Augmont.
10. For each confirmed purchase of Gold by the Customer, Augmont 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.
11. The Customer will have the option of redeeming and asking for physical delivery of the full or part of the accumulated gold holding, in the form of redeemable products made available on the Platform from time to time. The residual fractional gold remaining, upon redemption / Transfer by You of the entire gold holding, can be sold back by You to us at the live sell-back price of gold of 99.9% purity and the corresponding amount against the residual fractional gold sold by You will be credited in Your Paytm wallet instantly.
12. You need to pay the applicable making and delivery charges from Your Paytm wallet or other payment instruments made available on the Platform in order to redeem the redeemable product of Your choice.
13. Once the redemption has been initiated by You and payment received then Your gold grams will be debited accordingly from Your GAP account.
14. Augmont may also, from time to time in future, offer/permit the Customer to sell-back its gold in fraction to Augmont at prevailing live sell-back price of gold of 99.9% purity, during the offer period as may be announced / permitted by Augmont. The money against the fractional gold sold by a Customer would be credited to the Customer.
15. Live purchase price of Gold 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 / quantity of Gold to be redeemed / sold back will be displayed based on live sell-back price of Gold. The live purchase price of Gold and live sell-back price of Gold 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 or sell-back residual fractional Gold, You may make another offer at the changed price. Augmont/One97 disclaims any and all claims and/or liabilities arising from such non acceptance of offer or revision in prices.
16. While availing any of the payment method/s available on the Platform, Augmont/One97 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:
    1. Lack of authorization for any transaction/s,
    2. Exceeding the preset limit mutually agreed by and between the Customer and relevant banks of the Customer,
    3. Any payment issues arising out of the transaction,
    4. Illegitimacy of the payment methods (credit/debit card frauds etc.) being used by a Customer;
    5. Temporarily discontinuation of invitation to offer; and / or
    6. Decline of transaction for any reason(s) whatsoever.
17. Augmont may, at its discretion, prescribe maximum individual/cumulative limits for Customers to accumulate gold or transfer Gold through this scheme from time to time, and reserves the right to refuse to accept order exceeding such limit.
18. At any point of time on any day Augmont may temporarily discontinue the invitation to offer for any reason whatsoever.
19. Augmont will, at its discretion, close down GAP account of Customers, if (a) they are inactive accounts,(for six months) (b) if Augmont decides to discontinue the scheme. In such an event, Customers will be required to redeem and / or sell-back their gold holdings. In the event the Customer chooses not to respond, then Augmont reserves the right to repurchase the gold holding of the Customer, at the then prevalent live sell-back price.
20. Any Gold lying in vault, and business deposit is non transferrable unless specifically allowed by Augmont. However in case of death or insanity, Augmont shall transfer such Gold, 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.
21. The Customer will not be entitled to redeem the Gold 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.
22. All redeemable products selected for delivery by Customer for redemption, shall be delivered within India as per instructions of the Customer through our/One97’s logistics partners. All deliveries where applicable shall be made on a best efforts basis, and while Augmont/One97 will endeavor to deliver the products on the dates intimated, Augmont/One97 disclaims any claims or liabilities arising from any delay in this regard.
23. The logistics partner will make a maximum of three attempts to deliver Your order. After three attempts gold coin will be delivered back to Augmont and Customer will need to put the fresh request for the redemption.
24. Augmont/One97 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 Augmont/One97.
25. 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 Augmont/One97 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 Augmont/One97 has right to reverse / cancel without notice or require cancellation / reversal of such transaction at its sole discretion and debit / credit the gold to / from your GAP account, as the case may be. Augmont/One97 shall not be liable for any wrong transfer of Gold by you to another GAP account (including but not limited to transfer to a different user / customer etc.) and the gold grams shall not be reversed to you in case of an erroneous transfer and / or in case the transferee has already transacted the Gold transferred.
26. Upon Augmont confirming the purchase, redemption, sale-back of Gold 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.
27. 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 Augmont/One97, 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.
28. 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. Augmont/One97 will not be liable in any manner in this regard.
29. The Customer feedbacks pertaining to products shall be deemed to be non-confidential and non-compensatory in nature. Augmont/One97 reserves the right, at its sole discretion to use such information for its internal purposes.
30. In the event of termination / expiry of Augmont’s arrangement with One97 or otherwise at any point of time, Augmont and/or One97 may notify You to sell back Your Gold balance to Augmont or migrate Your GAP account to an alternative platform and continue with GAP account on such alternative platform (as decided by Augmont/One97).
31. These Terms shall be governed by and interpreted and construed in accordance with the laws of India. The courts in Delhi shall have exclusive jurisdiction in respect of any matters arising therefrom.
32. 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.
33. Waiver: Any failure or delay by One97/Augmont to enforce or exercise any provision of these Terms, or any related right, shall not constitute a waiver by One97/Augmont of that provision or right. The exercise of one or more of a One97/Augmont’s rights hereunder shall not be a waiver of, or preclude the exercise of, any rights or remedies available to Augmont/One97 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 Augmont/One97.
34. Force Majeure: If performance under these Terms by One97/Augmont 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 One97/Augmont and could not have been prevented by reasonable precautions then the Augmont/One97 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 One97/Augmont of its obligations herein.
35. Absence of relationship: You represent and warrant to One97/Augmont that You have sufficient experience and knowledge to make informed decisions to purchase/ redeem/ sale-back Gold/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 One97/Augmont, and that One97/Augmont is not making any recommendation with respect to such purchases/redemption/sale-back/ of Gold/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 Augmont. 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 One97.
36. 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 One97/Augmont. Therefore, One97/Augmont 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 One97/Augmont’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, One97/Augmont reserves the right, at our sole discretion, to refuse or cancel or reject any orders placed for the products. Furthermore, Augmont/One97 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.
37. 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/redeemable products. One97/Augmont 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. One97/Augmont 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.
38. Indemnification: Customer hereby agrees to indemnify and keep One97 indemnified from and against all actions, claims, demands, proceedings, losses, damages, personal injury, costs, charges and expenses, directly or indirectly, whatsoever (‘Losses’) which One97 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:
    1. the usage of the Platform by the Customer;
    2. by reason of Augmont ‘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;
    3. breach or noncompliance of the Terms and relating to the GAP account; and/or
    4. fraud or dishonesty relating to any transaction by the Customer. Without prejudice to the foregoing, Paytm 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 from his / her GAP to another GAP, (iii) The exercise by Augmont 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 One97 if it receives any process, summons, order, injunction, execution distrait, levy lien, information or notice which One97 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.
39. Augmont/One97 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/ product, or may handover such gold/product over to an appropriate authority and take any other steps required by applicable law.
40. Disclaimers and limits of liability: One97 does not make any representations, recommendations, projections, warranties or guarantees of any kind, either expressed or implied, as to the performance of the Gold/Redeemable Products with respect to future prices or any return on investment. One97 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 to GAP account of any other Customer. Paytm explicitly urges to all its Customers to inspect the package with the gold 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 product delivered to a Customer(s) must be raised by the Customer(s) within a period of 7 days from the date of delivery. One97/Augmont 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, One97/Augmont 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.
41. You acknowledge that Paytm 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 Paytm 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 Paytm 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.
42. You expressly agree that use of the Platform is at your sole risk. While we/One97 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/One97 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 Augmont/One97 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:
    1. The use or the inability to use our services or access content,
    2. The cost of procurement of substitute goods and services resulting from transactions entered into through or from the Platform,
    3. The unauthorized access to or alterations of your transmissions or data,
    4. Statements or conduct of any third party on the service, or
    5. Any other matter relating to any service or product offered, delivered or agreed to be delivered, even if Augmont/One 97 has been advised of the possibility of damages.
43. 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.
44. You declare that gold You are selling was previously owned by You for personal use.
45. You declare that You are not an unregistered dealer of gold and silver or any other precious metal ornament or any related product.
46. 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.
47. 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.

• If you already have a Gold Accumulation Plan Account (GAP) with required Gold seller (MMTC-PAMP for 24k 99.99% Purity Gold & Augmont for 24k 99.90% Purity Gold), Gold will be credited in that account otherwise a new GAP account will be created for you. GAP accounts are offered and created by MMTC-PAMP/Augmont.
• Successful application of Goldback promo code would authorize Paytm to place an order for you with required Gold 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 – 122103 for MMTC-PAMP’s GAP account and 400003 for Augmont’s GAP account. These are based on Gold seller’s location.
• 3% GST would be applicable on the purchase of Gold from MMTC PAMP/Augmont and would be paid from the cashback amount due to you.
• In case you want to sell your Gold, you will have to provide your bank account number to which funds can be credited.
• In case the Gold can’t be credited to your GAP account due to KYC or any other reason, Paytm will credit Cashback in your Paytm wallet in case of such failures.
• The price of gold used is the Buy price plus applicable taxes at the time of credit of Gold to your GAP account..
• Buy Price of Gold can be different from the Sell Price of Gold and Paytm is not liable for price difference and price movements of Your Gold
• Gold will be credited within 24-48 hours of a successful transaction.
• In case of any cancellations and returns of Your order, value of Gold as per the promotional campaign amount would be adjusted from the refund amount, if any. Gold bought on Your behalf under this scheme would not be returned or refunded.
• Gold transaction can be seen under ‘Gold Passbook’ when you click on Gold icon on Paytm App and visit ‘Locker’. Please upgrade to latest App version first
• For details and FAQ on Paytm gold please visit https://paytm.com/care/paytm-gold-faq/
• For additional T&Cs please visit https://paytm.com/offer/goldbackdetailed/

By accessing the Paytm Platform and agreeing to initiate/opt for Gold 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 Paytm Platform from time to time. If you do not agree with these terms of use, please do not access/initialize/opt-for Gold Savings Plan.

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 Savings Plan” (defined below) on www.paytm.com and/or Paytm mobile application and/or any other payment facilitation mode/tools offered by One97 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 One97 Communications Limited (“Paytm Platform”).

These following terms and conditions (“Gold Savings T&Cs”) shall be applicable to the Gold Savings Plan (more specifically defined hereinafter) provided by One97 and shall be read in conjunction with MMTC – PAMP Terms and Conditions, Gold Transfer / Gold P2P Transfer and Promotional Paytm Gold (Goldback) Terms & Conditions, present on Paytm Platform. The Gold Savings T&Cs would always be in addition to the MMTC – PAMP Terms and Conditions and all such MMTC – PAMP Terms and Conditions are incorporated herein by way of reference. In an event of any conflict between the MMTC – PAMP Terms and Conditions and the provisions of these Gold Savings T&Cs, the Gold Savings T&Cs shall prevail. By applying for and accessing the Gold Savings Plan, the Customer accepts these Gold Savings T&Cs. This Gold Savings T&Cs are electronic record generated by a computer system and does not require any physical or digital signatures.

In these Gold Savings T&Cs, references to “You”, or “Customer” shall mean the counterparty who transacts using the Paytm Platform, being a natural person, buying Gold, redeeming Gold in the form of redeemable products, selling back Gold to MMTC-PAMP. “Paytm Platform” shall mean, and include, the platforms (website, mobile apps, others) of One97 Communications, that the Customer accesses for the transactions, including all contents, services and technology offered through the Paytm Platform. “Seller” shall mean “MMTC-PAMP”, “we”, “us” and “our” shall mean MMTC-PAMP India Private Limited.

We reserve the right to change these Gold Savings T&Cs at any time. Such changes will be effective when posted on Paytm Platform and shall be deemed to be notified to the Customer accordingly. Notwithstanding anything contrary, Customer shall be responsible for regularly reviewing the Gold Savings T&Cs, including amendments thereto as may be posted on the Paytm Platform and shall be deemed to have accepted the amended Gold Savings T&Cs by continuing the use of Paytm Platform and continuance of the Gold Savings Plan. Further, as and when required by MMTC-PAMP and/or One97, the Customer will be required to provide additional documents for fulfilling the KYC requirements. You authorize MMTC-PAMP and One97 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 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 MMTC-PAMP and/or One97 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.

1. Definitions
   

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

   1. "NPCI" NPCI is an authorized payment system operator by RBI. NPCI owns and operates UPI payment system.
   2. "PSP bank" PSP is the banking company authorized to act as a Payment Service Provider (PSP) under the UPI framework. PSP engages the TPAP to provide UPI services to the end-user customers.
   3. "TPAP" Third Party Application Provider (TPAP) is an entity that provides the UPI compliant app(s) to the end-user customers to facilitate UPI based payment transactions.
   4. "Customer’s Bank" The Bank where the end-user customer maintains his/her account that has been linked for the purpose of debiting/crediting the payment transactions made through UPI.
   5. "End User Customer" The end-user customer is the individual who uses UPI payment facility to send and receive payments.
   6. “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.
   7. “Customer’s Gold Accumulation Plan Account”/ (“GAP”)” shall mean gold accumulation plan account of the individual customer identified through his/her Paytm account based in the registered mobile number present in records of One97.
   8. “Gold Savings Plan” shall mean gold purchase service offered by One97 in terms of MMTC – PAMP Terms and Conditions, wherein the Customer can schedule self-planned periodic purchase of the gold offered by the Seller on Paytm 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 Paytm Platform, designated for activation/modification/withdrawal of the periodic gold purchase, only through the selected payment modes, which can only be a valid debit Card or a valid credit Card.
   9. “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 on Paytm 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.
   10. “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 Paytm Platform.
   11. “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 as per the details present in the Instruction, indicating the date on which the purchase of Gold 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.
2. Gold Savings Plan Registration, Instruction Implementation and Related Process:
   
   1. The Customer shall login to the Paytm Platform and shall go to the inbuilt link relating to registration for the Gold 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 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 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 (“Customer Registered Card”), on the Paytm Platform (“Gold Savings Plan Registration”). One97 shall accordingly intimate the Customer regarding the success or failure of the Gold Savings Plan Registration.
   2. One97 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 One97 records, two (2) day before the upcoming Selected Purchase Date and again post the successful implementation of the Instruction.
   3. The Customer can enable or disable the Instruction at any point of time by clicking the appropriate settings on Paytm Platform before the Selected Purchase Date.
   4. By registering the Instructions for the Gold Savings Plan the Customer hereby expressly agree and confirm to purchase the gold at the live purchase price of the Gold of 999.9 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 of 999.9 purity appearing on Paytm Platform on the Selected Purchase Date(s).
   5. Live purchase price of Gold displayed on Paytm Platform is subject to change from time to time. The live purchase price of Gold and live sell-back price of Gold 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 / quantity of Gold to be redeemed / sold back will be displayed based on live sell-back price of Gold.
   6. Customer can offer to buy Gold worth Rs. 1.00 (Rupee One Only) and above incremental value thereof at the live purchase price of Gold of 999.9 purity displayed on the Paytm Platform.
   7. Payment for the purchase of the Gold 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 Paytm Platform. At the time of purchase / redemption / sale-back / transfer of Gold, the relevant taxes will be chargeable as applicable as per the Government regulations.
   8. Upon registration for the Gold Savings Plan, if the Customer already has an existing Gold Accumulation Plan Account (GAP), Gold 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 One97. In case, if KYC is required, the same shall be provided by the Customer having the GAP.
   9. Customer hereby expressly agree to provide his/her KYC documents to One97 and/or MMTC – PAMP to validate Paytm account and/or Customer’s GAP, if, (a) the purchase quantity or purchase monetary value of the Gold is over and above an amount of INR 49,999/-; or (b) when the cumulative lifetime Gold purchases in the Customer’s GAP crosses INR 49,999/-.
   10. 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 MMTC-PAMP.
   11. For each confirmed purchase of Gold and/or purchase of Gold basis the Instructions as per the Gold Savings Plan by the Customer , MMTC-PAMP 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 by the Customer. The Gold purchased by the Customer or transferred to Customer’s Gold account will be allocated and stored in a highly advanced and secured vault of MMTC-PAMP, with full insurance cover. If, Customer redeems his/her gold 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.
   12. Customer hereby agrees and confirms that while availing any of the services, including without limitation, buying of Gold and/or availing Gold Savings Plan available on the Platform, One97/MMTC-PAMP 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:
       1. lack of authorization for any transaction/s,
       2. exceeding the present limit mutually agreed by and between the Customer and relevant banks of the Customer,
       3. any payment issues arising out of the transaction,
       4. illegitimacy of the payment methods (credit/debit card frauds etc.) being used by a Customer;
       5. temporarily discontinuation of invitation to offer; and / or
       6. decline of transaction for any reason(s) whatsoever.
   13. One97 and/or MMTC-PAMP may, at its sole and independent discretion, may prescribe maximum individual/cumulative limits for Customers to accumulate gold in Customer’s GAP by any means including without limitation, accumulation by way of purchase of Gold, accumulation under the Gold Savings Plan or by way of transfer of Gold, through this scheme from time to time, and reserves the right to refuse to accept order/purchases exceeding such limit.
   14. At any point of time on any day One97 and/or MMTC-PAMP may temporarily discontinue the invitation to offer for any reason whatsoever.
   15. The Customer shall inform immediately, in any case no later than 30 days of any purchase of Gold by any means, including under this Gold 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 One97. The Customer hereby agreed that the One97 and MMTC-PAMP shall be absolved automatically for any such error or discrepancies. All records maintained by MMTC-PAMP, in electronic or documentary form of the transaction for purchase of Gold by the Customer and such other details (including, but not limited to payments made or received) pursuant to the MMTC-PAMP Terms and Conditions and/or Gold Savings T&Cs, shall as against the Customer, be deemed to be conclusive evidence of transaction for purchase of Gold.
   16. 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. One97 and/or MMTC-PAMP will not be liable in any manner in this regard.
   17. In the event of termination / expiry of MMTC-PAMP’s arrangement with One97 or otherwise at any point of time, MMTC-PAMP 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 MMTC-PAMP). MMTC-PAMP shall also be entitled to notify the Customer for redemption of the products within the time lines as specified in the notice sent by MMTC-PAMP in this regard.
   18. In the event any dispute arises out of or in connection with the Gold 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.
   19. These Gold Savings T&Cs shall be governed by and interpreted and construed in accordance with the laws of India. The courts in New Delhi shall have exclusive jurisdiction in respect of any matters arising therefrom.
   20. Any failure or delay by One97 and/or MMTC-PAMP to enforce or exercise any provision of these Gold Savings T&Cs, or any related right, shall not constitute a waiver by One97 and/or MMTC-PAMP of that provision or right. The exercise of one or more of such rights by One97 and/or MMTC-PAMP hereunder, shall not be a waiver of, or preclude the exercise of, any rights or remedies available to One97 and/or MMTC-PAMP under these Gold 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 One97 and/or MMTC-PAMP.
   21. If performance under these Gold Savings T&Cs by One97 and/or MMTC-PAMP 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 Paytm 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 One97 and/or MMTC-PAMP, in such an event One97 and/or MMTC-PAMP 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 One97 and/or MMTC-PAMP of its obligations herein.
   22. The Customer hereby expressly represent and warrant to One97 and/or MMTC-PAMP that the Customer have sufficient experience and knowledge to make informed decisions to purchase/ redeem/ sale-back, the Gold and/or to register with Gold 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 One97 and/or MMTC-PAMP, and that One97 and/or MMTC-PAMP is not making any recommendation with respect to such purchases/redemption/sale-back of Gold and/or to register with Gold 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 One97/MMTC-PAMP.
   23. Customer hereby expressly acknowledge, confirm and agree that the purchase of Gold, including without limitation, purchase of Gold by way of registering under the Gold Savings Plan, have been designed to provide an efficient and dependable method for purchase of Gold. 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. The Customer acknowledge that the purchase of Gold system is an electronic mechanical system and as such may be subject to failure beyond the control of One97 and/or MMTC-PAMP. Therefore, One97 and/or MMTC-PAMP shall not be responsible for errors, negligence, inability to execute the Instructions, delays in transmission, purchase of Gold, delivery of Gold, to breakdown or failure of transmission or communication facilities, or to any other cause beyond One97 and/or MMTC-PAMP’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 is incorrect price or with incorrect information due to an error in pricing or any other inaccuracies, One97 and/or MMTC-PAMP reserves the right, at our sole discretion, to refuse or cancel or reject any transaction and/or Instruction for purchase of the Gold, including without limitation, purchase of the Gold under the Gold Savings Plan. Furthermore, One97 and/or MMTC-PAMP 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, including without limitation, purchase of the Gold under the Gold Savings Plan, placed in case of market volatility and/ or unusual circumstances or conditions. This includes, without limitation, unexpected unavailability of Gold.
   24. Indemnity: The Customer hereby agrees to indemnify and keep One97 and/or MMTC-PAMP indemnified from and against all actions, claims, demands, proceedings, losses, damages, personal injury, costs, charges and expenses, directly or indirectly, whatsoever (“Losses”) which One97 and/or MMTC-PAMP 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 Paytm Platform by the Customer; (ii) by reason of One97 and/or MMTC-PAMP ‘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 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, One97 and/or MMTC-PAMP shall be under no liability whatsoever to the Customer in respect of any loss or damage arising directly or indirectly out of:
       1. Effecting transaction based on the Instructions received/registered by the Customer;
       2. The instruction of a Customer to transfer Gold from his / her GAP to another gold account;
       3. The exercise by One97 and/or MMTC-PAMP of its right to terminate / exercise the facility/services/exercise One97’s/MMTC-PAMP’s right and/or their obligations, agreed to be carried out in terms of the Gold Savings T&Cs on Paytm Platform;
       4. Any injury to the credit, character and reputation of the Customer due to use of any facility/ services on Paytm Platform, including without limitation, for registration under the Gold Savings Plan;
       5. Any loss of whatsoever nature, direct or indirect, including without limitation, loss of profit or perceived profit from purchase of Gold, under the Gold Savings Plan or otherwise;
       6. Any misstatement, misrepresentation, error or omission in any details disclosed by One97 and/or MMTC-PAMP, if receives any process, summons, order, injunction, execution distrait, levy lien, information or notice whichOne97 and/or MMTC-PAMP 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 from the Customer’s GAP and/or transfer of the Gold in the Customer’s GAP, One97MMTC-PAMP 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/ product, or may handover such Gold/product over to an appropriate authority and take any other steps required by applicable law.
   25. Disclaimers and Limitation of Liability: Customer hereby expressly acknowledge, confirm and agree that One97 and/or MMTC-PAMP does not make any representations, recommendations, projections, warranties or guarantees of any kind, either expressed or implied, as to the performance of its Gold/Redeemable Products with respect to future prices or any return on investment. One97 and/or MMTC-PAMP 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, Paytm Platform and/or any other communication from One97 and/or MMTC-PAMP. One97 and/or MMTC-PAMP 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 to GAP of any other Customer. One97 and/or MMTC-PAMP 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. One97 and/or MMTC-PAMP 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, One97 and/or MMTC-PAMP 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 One97 and/or MMTC-PAMP will not be liable to the Customer or to any other person, as a result of Customer’s access or use of Gold/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 One97 and/or MMTC-PAMP 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 One97 and/or MMTC-PAMP 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 Savings T&Cs and/or any other facility/ services provided by One97 and/or MMTC-PAMP, 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.
   26. 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.
   27. The Customer hereby expressly declare that any sale of Gold on Paytm Platform was previously owned by the Customer for personal use.
   28. The Customer hereby declare that the Customer is not an unregistered dealer of gold and/or silver or any other precious metal ornament or any related product.
   29. 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
3. Rights and obligations:
   1. The Customer understands and agrees that:
      1. 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.
      2. One97 and/or MMTC – PAMP shall endeavor to fetch the live purchase price of Gold, on a best effort basis and shall solely rely on the intimation by the MMTC – PAMP for purchase of Gold as per the Instruction on the Selected Purchase Date, without any reference to the Customer.
      3. No promo-code available on Paytm Platform would be auto applied while carrying out purchase of Gold as per the Instructions under the Gold Savings Plan.
      4. One97 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 One97 cannot, and does not, guarantee that the information in transit may not be altered or intercepted or accessed by others and decrypted. One97 and/or MMTC – PAMP, 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.
   2. The Customer shall be responsible for the accuracy of the registration of the Instructions and shall be liable to One97 for any Losses arising on account of any error in the Instruction.
   3. The Customer shall be bound by registration of the Instruction settled by the Customer and if, One97 has acted upon the Instruction in good faith and in compliance with the mandate submitted by the Customer on Paytm Platform.
   4. The Customer hereby authorizes One97 to debit the Customer’s Card, as per the Instructions registered by the Customer on Paytm Platform.
   5. The Customer shall ensure availability of funds/limits in Customer’s Card for effecting the purchase of Gold 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, One97 shall not effect the purchase of the Gold as per the Instruction on the Selected Purchase Date. The Customer shall be solely liable in this regard.
   6. The Customer understands and agrees that such amounts are paid towards the purchase of the Gold as per the Instruction on the Selected Purchase Date cannot be reversed by One97 and is irrevocable in nature when it is executed by One97.
   7. A duly authenticated record of the transaction for purchase of the Gold as per the Instructions shall be recorded in the statement of account available on Paytm Platform.
   8. One97 has the right to suspend the Gold 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 will lead to or expose to direct or indirect loss to One97 or may require a specific indemnity from the Customer before continuing to operate the Service.
4. Fees and Charges:
   1. One97 shall be charging such fees for the purchase of the Gold as per the Instructions of the Customer as may be indicated while setting up of the Instructions. Notwithstanding this, One97 reserves the discretion to modify the charges at any point of time. All the fees and charges applicable for availing Gold Savings Plan shall be as per the rates fixed by One97 at its sole discretion which shall be informed to the Customer by hosting the details of the fees and charges on the Paytm Platform, from time to time and/ or through any other mode or channel of communication as One97 may deem fit.
   2. Any government charges, duty or debits, or tax payable as a result of purchase of the Gold as per the Gold Savings Plan shall be the Customer’s responsibility and if imposed on One97, One97 shall have the right to debit such charges, duty or tax against the Customer’s account/Customer’s Card.
5. Termination:The Customer can visit the profile or GAP on Paytm Platform any time and can disable the Gold Savings Plan. One97 may withdraw or terminate the Gold Savings Plan at any point of time without assigning any reasons whatsoever. One97 may suspend or terminate the Gold Savings Plan without prior notice if the Customer has breached any of Gold Savings T&Cs.
6. Miscellaneous:One97 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 Savings Plan extended to and/or used by the Customer.

• Customer/user can donate to selected shrines/place of worship/NGO/trust through Paytm Platform using a number of payment methods such as Paytm wallet/credit/ debit cards/internet banking.
• While availing donation services from Paytm Platform the Customer/user expressly agrees and affirms that:
  • This contribution is made from my own funds, and funds are not being provided to me by another person or entity for the purpose of making this contribution.
  • I am at least eighteen years of age.
  • I am making this contribution with my own personal card/funds and not with a corporate or business card/funds or any card/funds issued to another person.
• Any donation amount transferred erroneously or for any other reason by the Customer to any shrine/place of worship/NGO/trust shall not be refunded to the Customer by One97 in any circumstances.
• One97 reserves the right to modify or discontinue, temporarily or permanently the donation facility with or without notice at any time.
• Customer/user agrees to act in a responsible and legal manner when using the One97 Platform. Customer/user shall comply with all applicable laws, rules and regulations and undertake not to use One97 Platform for any unlawful purpose or in a manner which is likely to cause harm or offense to any other user, shrines, place of worship, NGO, trust and/or One97.
• One97’s website/mobile application contains links to other websites, Customer/user agrees that when they click on any of such links for making donations, he/she will be entering another website for which One97/Paytm has no responsibility. We encourage/advise you to read and agree the privacy statements on all such websites as their policies/terms & conditions may be different from One97/Paytm, prior to making any donations.
• One97 disclaims any accountability, legal, losses/damages or else, that might arise because of the act, omission or otherwise of any Customer/user on its website/mobile application, or caused by the same. Customer/user expressly admits that One97 is only a “payment facilitator & intermediary” for making donations, and as such, stands indemnified from any accountability that might arise because of the same. Customer/user moreover acknowledges that visiting/using One97 website/mobile application is an implicit reception/confirmation of this disclaimer on their part.
• Customer/user hereby expressly agrees to abide by all the terms and conditions applicable to Paytm Wallet Services provided in the applicable terms & conditions section of the One97 website/mobile application.
• Customer agrees and confirm that One97 shall not have any responsibility/liability in case tax exemption is denied to the Customer/user by any tax authority due to whatsoever reasons and Customer/user shall not raise any dispute/claim against One97. In such an event Customer/users shall approach the respective shrines/place of worship/NGO/trust for any query/claim.