About Us

Terms & Conditions

Please read the following terms and conditions carefully before registering, accessing, browsing, downloading or using the Site (defined below). By accessing or using the Site or by using the Service (defined below), you agree to be bound by these terms and conditions set forth below including any additional guidelines and future modifications. If at any time you do not agree to these terms and conditions or do not wish to be bound by these terms and conditions, you may not access or use the site and immediately terminate your use of the services. Your Agreement to these Terms and Conditions for availing Service The Terms and Conditions (as may be amended from time to time, the “Agreement”) is a legal contract between you being, an individual customer, user, or beneficiary of this service of at least 18 years of age, and Group, Hence all the rights, benefits, liabilities & obligations under the following terms & conditions shall accrue to the benefit of GoyalPay. (together with its subsidiaries and other affiliates, “us”, “We” or “GoyalPay”), regarding your use of our prepaid mobile/DTH recharge purchasing services to purchase prepaid mobile/DTH recharge (known as “Recharge”) or Services regarding Semi Closed Wallet of online GoyalPay Marketplace or such other services which may be added from time to time (all such services are individually or collectively are referred as Service or Services as they case may be). Service can be used by you subject to your adherence with the terms and conditions set forth below including relevant policies. GoyalPay reserves the right, at its sole discretion, to revise, add, or delete portions of these terms and conditions any time without further notice. You shall re-visit the “Terms & Conditions” link from time to time to stay abreast of any changes that the “Site” may introduce.

1. Incase of any recharges done on Prepaid, Postpaid and DTH services and if customer receives confirmation message and service is not received by customer then GoyalPay won't be responsible for it.

2. If Customer will install and book DTH services then GoyalPay will not be responsible for after sale services and there is no refund policy.

3. While DTH booked then the terms & condition of respective service provider will be applicable.

4. If customer booked the Jio phone then phone will be delivered as per current delivery policy.

5. Blocking (Non Refundable) amount for Super Distributor is Rs. 700.00, For Distributor is Rs. 500.00, For FOS (Area Distributor) is Rs. 300.00 & For Retailer is Rs. 100.00

6. GoyalPay can withdraw their agreement without any prior notice subject to performance of Super Distributor's, Distributor's and FOS.

7. Once GoyalPay bank account will be credited then within 4 hours value transfer of Super Distributor's, Distributor's, Retailer and FOS will be done .

8. If any ID will be inoperative for 6 months continuously then the ID will be suspended without any prior notice and GoyalPay will not responsible for the outstanding balance in that ID.

9. For any service / complain Contact Us :: Timing Monday to Saturday – 10 A.M. to 7 P.M.

10. For any after sale Warranty/ Service of Jio Phone & DTH, Customer will contact to Jio & DTH Customer Care/ service center directly, GoyalPay will not be responsible for handling any Query.

11. GoyalPay will not be responsible for balance debited from retailer account due to any circumstances.

12. If does not do any transaction to customer in that case GoyalPay will not be responsible for any indirect transaction between Super Distributor, Distributor, FOS, Retailer and customer.

13. GoyalPay will not be responsible any incorrect transaction's.

14. There is no return policy for the goods once delivered to the members.

15. All the disputes will be subject to Allahabad jurisdiction Only.

Eligibility

The services are not available to persons under the age of 18 or to anyone previously suspended or removed from the services by GoyalPay. By accepting these Terms & Conditions or by otherwise using the Services or the Site, You represent that You are at least 18 years of age and have not been previously suspended or removed from the Services. You represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. You shall not impersonate any person or entity, or falsely state or otherwise misrepresent identity, age or affiliation with any person or entity.

GoyalPay RECHARGES

We are a Reseller Only. GoyalPay does not provide mobile service and is only a reseller of prepaid mobile services by telecommunications service providers or the providers of such prepaid recharge (the ‘Telco’ or ‘Telcos’) or other distributors or aggregators of such Telco’s. GoyalPay is not a warrantor, insurer, or guarantor of the services to be provided by the Telco’s. Recharge sold by us to you is sold without recourse against us for any breach of contract by the Telco. Any disputes regarding the quality, minutes provided, cost, expiration, or other terms of the Recharge purchased must be handled directly between You (or the recipient of the Recharge) and the Telco.

BILL PAYMENTS

In order to use the Service, you may need to obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must have all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. GoyalPay and/or the GoyalPay business partner reserve the right to charge and recover from the User, fees for availing the Services. These changes shall be effective from the time they are posted on to the GoyalPay Website or over the GoyalPay business partner channel through which you are availing the Service. You are bound by such revisions and should therefore visit the GoyalPay Website or check with the GoyalPay business partner channel through which you are availing the Service to review the current fees from time to time. In the event that you stop or seek a reversal of the Payment Instructions as may have been submitted, GoyalPay shall be entitled to charge and recover from you and you shall be liable to pay such charges to the Bill Payment Service as may be decided by GoyalPay. These charges shall be charged on to your designated Payment Account or in any other manner as may be decided by GoyalPay. GoyalPay offers a convenient and secure way to make payments towards identified Biller(s) using a valid Payment Account. Depending upon the GoyalPay business partner through whom the Service is availed by you (i) the specific features of the Service may differ (ii) the number of Billers available over the Service can differ (iii) the type and range of Payment Accounts that can be used to issue a Payment Instructions can differ and (iv) the modes/devices over which the Service can be accessed can differ; and (v) the charges, fees for availing the Service or any aspect of the Service can differ. Specific details related to these aspects would be available with the GoyalPay business partner or the channel over which the Service is being availed. From time to time, GoyalPay, at its sole discretion, can add to or delete from such list of Billers or types of Payment Accounts that can be used in respect of making payments to a Biller. In any event (i) the type and range of Payment Accounts that can be used for making payments may differ for each Biller depending on Biller specifications (ii) there may be an additional fees/charge when using certain types of Payment Accounts in respect of a Biller; and (iii) the terms upon which a payment can be made to a Biller can differ depending on whether a Card or a Bank Account is used to issue the Payment Instruction. Further depending on the specific facilities allowed by a GoyalPay business partner, payments to a Biller can be made either (a) by issuing a Payment Instruction for an online debit/charge to a Payment Account; or (b) by scheduling an automated debit to a Payment Account. In using the Bill Payment Service, you agree to:

  • 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. If you provide any information that is untrue, inaccurate, not current or incomplete, or GoyalPay has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, GoyalPay has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). The term biller includes telecom operators.

GoyalPay assumes no responsibility and shall incur no liability if it is unable to affect any Payment Instruction(s) on the Payment Date owing to any one or more of the following circumstances:

  • 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 NCC refuses or delays honoring the Payment Instruction(s).
  • If payment is not processed by biller upon receipt.
  • Circumstances beyond the control of GoyalPay (including, but not limited to, fire, flood, natural disasters, bank strikes, power failure, systems failure like computer or telephone lines breakdown due to an unforeseeable cause or interference from an outside force)

In case the bill payment is not effected for any reason, you will be intimated about the failed payment by an e-mail

COUPON REDEMPTION

Coupon redemption is purely subjected to standard and specified terms and conditions mentioned by the respective retailer. Coupons are issued on behalf of the respective retailer. Hence, any damages, injuries, losses incurred by the end user by using the coupon is not the responsibility of GoyalPay. Total cashback for a user cannot be more than 50% of his payments or Rs 10,000, whichever is higher. This main T&C of GoyalPay supersedes any offer related to GoyalPay.

Communication Policy

  • By accepting the terms and conditions the customer accepts that GoyalPay may send the alerts to the mobile phone number provided by the customer while registering for the service or to any such number replaced and informed by the customer. The customer acknowledges that the alerts will be received only if the mobile phone is in ‘On’ mode to receive the SMS. If the mobile phone is in ‘Off’ mode then the customer may not get / get after delay any alerts sent during such period.

  • GoyalPay will make best efforts to provide the service and it shall be deemed that the customer shall have received the information sent from GoyalPay as an alert on the mobile phone number provided during the course of ticket booking and GoyalPay shall not be under any obligation to confirm the authenticity of the person(s) receiving the alert. The customer cannot hold GoyalPay liable for non-availability of the service in any manner whatsoever.

  • The customer acknowledges that the SMS service provided by GoyalPay is an additional facility provided for the customer’s convenience and that it may be susceptible to error, omission and/ or inaccuracy. In the event the customer observes any error in the information provided in the alert, GoyalPay shall be immediately informed about the same by the customer and GoyalPay will make best possible efforts to rectify the error as early as possible. The customer shall not hold GoyalPay liable for any loss, damages, claim, expense including legal cost that may be incurred/ suffered by the customer on account of the SMS facility.

  • The customer acknowledges that the clarity, readability, accuracy, and promptness of providing the service depend on many factors including the infrastructure, connectivity of the service provider. GoyalPay shall not be responsible for any non-delivery, delayed delivery or distortion of the alert in any way whatsoever.

  • The customer agrees to indemnify and hold harmless GoyalPay and the SMS service provider including its officials from any damages, claims, demands, proceedings, loss, cost, charges and expenses whatsoever including legal charges and attorney fees which GoyalPay and the SMS service provider may at any time incur, sustain, suffer or be put to as a consequence of or arising out of (i) misuse, improper or fraudulent information provided by the customer, (ii) the customer providing incorrect number or providing a number that belongs to that of an unrelated third party, 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 GoyalPay and/or the SMS service provider.

  • Customer also agrees to receive information regarding what GoyalPay perceives to be of their interest based on usage history via SMS, email & phone call. This includes offers, discounts and general information. In case the customer does not want such information, they have to explicitly ask to be excluded.

  • By accepting the terms and conditions the customer acknowledges and agrees that GoyalPay may call the mobile phone number provided by the customer while registering for the service or to any such number replaced and informed by the customer, for the purpose of collecting feedback from the customer regarding their travel, the bus facilities and/or services of the bus operator.

  • Grievances and claims related to the bus journey should be reported to GoyalPay support team within 10 days of your travel date.

Use of Site

You understand that except for information, products or services clearly indicated as being supplied by the GoyalPay, we do not operate, control, or endorse any information, products or services on the Internet in anyway. You also understand that GoyalPay cannot and does not guarantee or warrant that files available for downloading through the Site will be free of viruses, worms or other code that may be damaging. You are responsible for implementing procedures to satisfy your particular requirements and for accuracy of data input and output.

Prohibited Conduct

By using the Services you agree not to:

  • use the Services for any purposes other than to purchase Recharge of Telcos and/or to access the Services in accordance with these Terms and Conditions and as such services are offered by GoyalPay

  • impersonate any person or entity, falsely claim or otherwise misrepresent an affiliation with any person or entity, or access the accounts of others without permission, forge another persons’ digital signature, misrepresent the source, identity, or content of information transmitted via the Services, perform any other similar fraudulent activity or otherwise purchase Recharge 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 Services if You are under the age of eighteen (18) without a parental sponsor or in any event use the Services if You are under the age of thirteen (13) years old even with a parental sponsor and in accordance with applicable law

  • post or transmit any message which is libelous, defamatory or which discloses private or personal matters concerning any person

  • post or transmit any message, data, image or program which is pornographic in nature

  • refuse to cooperate in an investigation or provide confirmation of Your identity or any other information You provide to GoyalPay

  • remove, circumvent, disable, damage or otherwise interfere with security-related features of the Services and the Site or features that enforce limitations on the use of the Services

  • reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Services or any part thereof, except and only to the extent that such prohibition is expressly prohibited by applicable law notwithstanding this limitation

  • use the Services in any manner that could damage, disable, overburden, or impair it, including, without limitation, using the Services in an automated manner

  • modify, adapt, translate or create derivative works based upon the Services and the Site or any part thereof, except and only to the extent that such prohibition is expressly prohibited by applicable law notwithstanding this limitation

  • intentionally interfere with or damage operation of the Services 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 Site without prior written permission

  • interfere or disrupt this Site or networks connected to this Site

  • take any action that imposes an unreasonably or disproportionately large load on our infrastructure/ network

  • use any device, software or routine to bypass the Site’s robot exclusion headers, or interfere or attempt to interfere, with the Services

  • forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through our Site or to manipulate your presence on our Site

  • sell the Services, information, or software associated with or derived from it

  • use the facilities and capabilities of the Site to conduct any activity or solicit the performance of any illegal activity or other activity which infringes the rights of others

  • breach this Agreement or any other GoyalPay agreement or policy

  • provide false, inaccurate or misleading information

  • use the Site to collect or obtain personal information, including without limitation, financial information, about other users of the Site

  • purchase Recharge with what GoyalPay reasonably believes to be potentially fraudulent funds

  • use the Services in a manner that results in or may result in complaints, disputes, reversals, chargebacks, fees, fines, penalties and other liability to GoyalPay, a third party or You

  • use the Services in a manner that GoyalPay 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 GoyalPay to lose any of the Services from its service providers, Telcos, payment processors or other suppliers

  • send automated request of any kind to the Site’s system without express permission in advance from GoyalPay.

Refund Policy

All sales of Recharge are final with no refund or exchange permitted. You are responsible for the mobile number or DTH account number you purchase Recharge for and all charges that result from those purchases. GoyalPay is not responsible for any purchase of Recharge for an incorrect mobile number or DTH account number. However, if in a transaction performed by you on the Site, money has been charged to your card or bank account and a Recharge is not delivered within 24 hours of your completion of the transaction then you may inform us by sending an email to our customer services email address mentioned on the Contact Us page. Please include in the email the following details – the mobile number (or DTH account number), operator name, Recharge value, Transaction date and Order Number. GoyalPay shall investigate the incident and if it is found that money was indeed charged to your card or bank account without delivery of the Recharge then you will be refunded the money within 21 working days from the date of receipt of your email. All Refunds will be credited to your Semi Closed Wallet. You can trigger a request in your GoyalPay Wallet to transfer the money from your GoyalPay Wallet back to source. It will take 3-21 days for the money to show in your bank account depending on your bank’s policy.

Termination; Agreement Violations

You agree that GoyalPay, in its sole discretion, for any or no reason, and without penalty, may suspend or terminate your account (or any part thereof) or your use of the Services and remove and discard all or any part of your account, your user profile, or your recipient profile, at any time. GoyalPay may also in its sole discretion and at any time discontinue providing access to the Services, or any part thereof, with or without notice. You agree that any termination of your access to the Services or any account you may have or portion thereof may be effected without prior notice, and you agree that GoyalPay will not be liable to you or any third party for any such termination. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies GoyalPay may have at law or in equity. Upon termination for any reason, you agree to immediately stop using the Services.

Limitation of Liability and Damages

In no event will GoyalPay or its contractors, agents, licensors, partners, suppliers 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, (ii) the services, the site or any reference site, or (iii) your use or inability to use the services, the site (including any and all materials) or any reference sites, even if GoyalPay or a GoyalPay authorized representative has been advised of the possibility of such damages. In no event will GoyalPay or any of its contractors, directors, employees, agents, third party partners, licensors or suppliers’ total liability to you for all damages, liabilities, losses, and causes of action arising out of or relating to (i) this Agreement, (ii) the Services, (iii) your use or inability to use the Services or the Site (including any and all Materials) or any Reference Sites, or (iv) any other interactions with GoyalPay, however caused and whether arising in contract, tort including negligence, warranty or otherwise, exceed the amount paid by you, if any, for using the portion of the Services or the Site giving rise to the cause of action or One Thousand Rupees (Rs.1000), whichever is less. You acknowledge and agree that GoyalPay 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 GoyalPay, and that the warranty disclaimers and the limitations of liability set forth herein form an essential basis of the bargain between you and GoyalPay. GoyalPay would not be able to provide the services to you on an economically reasonable basis without these limitations. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitations or exclusions may not apply to you. In such cases, GoyalPay’s liability will be limited to the fullest extent permitted by applicable law. This paragraph shall survive termination of this Agreement.

Indemnification

You agree to indemnify, save, and hold GoyalPay, its affiliates, contractors, employees, officers, directors, agents and its third party suppliers, licensors, and partners harmless from any and all claims, losses, damages, and liabilities, costs and expenses, including without limitation legal fees and expenses, arising out of or related to your use or misuse of the Services or of the Site, any violation by you of this Agreement, or any breach of the representations, warranties, and covenants made by you herein. GoyalPay reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify GoyalPay, including rights to settle, and you agree to cooperate with GoyalPay’s defense and settlement of these claims. GoyalPay will use reasonable efforts to notify you of any claim, action, or proceeding brought by a third party that is subject to the foregoing indemnification upon becoming aware of it. This paragraph shall survive termination of this Agreement.

Disclaimer; No Warranties

To the fullest extent permissible pursuant to applicable law, GoyalPay and its third-party partners, licensors, and suppliers disclaim all warranties, statutory, express or implied, including, but not limited to, implied warranties of Merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. No advice or information, whether oral or written, obtained by you from GoyalPay or through the services or the site will create any warranty not expressly stated herein. You expressly acknowledge that as used in this section, the term “GoyalPay” includes GoyalPay’s officers, directors, employees, shareholders, agents, licensors, subcontractors and affiliated companies. You acknowledge that GoyalPay is a reseller of Mobile recharges and is not liable for any 3rd party (telcos & suppliers) obligations due to rates, quality, and all other instances, whether to any such telco’s subscribers or otherwise. You expressly agree that use of the services and the site is at your sole risk. It is your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the site or on the internet generally. We do not warrant that the service will be uninterrupted or error-free or that defects in the site will be corrected. The services and the site and any data, information, third party software, reference sites, services, or software made available in conjunction with or through the services and the site are provided on an “as is” and “as available,” “with all faults” basis and without warranties or representations of any kind either express or implied. GoyalPay, and its third party suppliers, licensors, and partners do not warrant that the data, GoyalPay software, functions, or any other information offered on or through the services, the site or any reference sites will be uninterrupted, or free of errors, viruses or other harmful components and do not warrant that any of the foregoing will be corrected. GoyalPay and its third party suppliers, licensors, and partners do not warrant or make any representations regarding the use or the results of the use of the services, the site or any reference sites in terms of correctness, accuracy, reliability, or otherwise. You understand and agree that you use, access, download, or otherwise obtain information, materials, or data through the services, the site or any reference sites at your own discretion and risk and that you will be solely responsible for any damage to your property (including your computer system and device) or loss of data that results from the download or use of such material or data. We do not authorize anyone to make any warranty on our behalf and you should not rely on any such statement. This paragraph shall survive termination of this agreement. In no event will GoyalPay be liable for any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of profits, business interruption, loss of programs or information, and the like) arising out of the use of or inability to use the site.

Ownership; Proprietary Rights

The Services and the Site are owned and operated by GoyalPay and/or third party licensors. The visual interfaces, graphics, design, compilation, information, computer code (including source code and object code), products, software, services, and all other elements of the Services and the Site provided by GoyalPay (the “Materials”) are protected by Indian copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. As between you and GoyalPay, all Materials, trademarks, service marks, and trade names contained on the Site are the property of GoyalPay and/or third party licensors or suppliers. You agree not to remove, obscure, or alter GoyalPay or any third party’s copyright, patent, trademark, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Services. Except as expressly authorized by GoyalPay, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. GoyalPay reserves all rights not expressly granted in this Agreement. If you have comments regarding the Services and the Site or ideas on how to improve it, please contact customer service. Please note that by doing so, you hereby irrevocably assign to GoyalPay, and shall assign to GoyalPay, all right, title and interest in and to all ideas and suggestions and any and all worldwide intellectual property rights associated therewith. You agree to perform such acts and execute such documents as may be reasonably necessary to perfect the foregoing rights.

Modification of this Agreement

GoyalPay reserves the right to change, modify, add, or remove portions of this Agreement (each, a “change”) at any time by posting notification to the Site or otherwise communicating the notification to you. The changes will become effective, and shall be deemed accepted by you, 24 hours after the initial posting and shall apply immediately on a going-forward basis with respect to payment transactions initiated after the posting date. If you do not agree with any such modification, your sole and exclusive remedy is to terminate your use of the Services. For certain changes, GoyalPay may be required under applicable law to give you advance notice, and GoyalPay will comply with such requirements.

Notice

GoyalPay may provide you with notices and communications by email, regular mail or postings on the Site or by any other reasonable means. Except as otherwise set forth herein, notice to GoyalPay must be sent by courier or registered mail to GoyalPay, Deshmukh Pride, 3rd Floor, Ambejogai Road, New Renapur Naka, Latur, Maharashtra 413512, India

Waiver

The failure of GoyalPay to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. Any waiver of any provision of this Agreement will be effective only if in writing and signed by GoyalPay.

Arbitration

GoyalPay may elect to resolve any dispute, controversy or claim arising out of or relating to this Agreement or Service provided in connection with this Agreement by binding arbitration in accordance with the provisions of the Indian Arbitration & Conciliation Act, 1996. Any such dispute, controversy or claim 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 arbitration shall be conducted in Latur, India and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Either you or We may seek any interim or preliminary relief from a court of competent jurisdiction in Latur, India, necessary to protect the rights or the property of you or GoyalPay (or its agents, suppliers, and subcontractors), pending the completion of arbitration. Any arbitration shall be confidential, and neither you nor We may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of the arbitration award. All administrative fees and expenses of arbitration will be divided equally between you and us. In all arbitrations, each party will bear the expense of its own lawyers and preparation. The language of Arbitration shall be English.

Governing Law and Forum for Disputes

Except as otherwise agreed by the parties or as described in the Arbitration section above, you agree that any claim or dispute you may have against GoyalPay must be resolved by a court located in Latur, India. You agree to submit to the personal jurisdiction of the courts located within Latur, India for the purpose of litigating all such claims or disputes. This Agreement shall be governed by the laws of India, without giving effect to any principles of conflicts of law.

Severability

If any provision of this Agreement is held to be unlawful, void, invalid or otherwise unenforceable, then that provision will be limited or eliminated from this Agreement to the minimum extent required, and the remaining provisions will remain valid and enforceable.

Assignment

This Agreement, and any rights granted hereunder, may not be transferred or assigned by you without our prior written consent which may be withheld in our sole discretion, but may be assigned by us without restriction. Any assignment attempted to be made in violation of this provision shall be void and of no effect.

Survival

Upon termination of this Agreement, any provision which, by its nature or express terms should survive, will survive such termination or expiration as applied to transfers and relationship prior to such termination or expiration.

Headings

The heading references herein are for convenience purposes only, do not constitute a part of these Terms and Conditions, and will not be deemed to limit or affect any of the provisions hereof.

Entire Agreement

This is the entire agreement between you and GoyalPay relating to the subject matter hereof and will not be modified except in writing, signed by both parties, or by a change to this Agreement made by GoyalPay in accordance with the terms of this Agreement.

SEMI CLOSED WALLET

Terms of Use

The following Terms of Use (“Terms”) are a binding agreement between you and GoyalPay Communications Ltd. BY REGISTERING FOR OR USING THE SITE OR THE PLATFORM/NETWORK, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, PLEASE DO NOT USE THE SITE OR THE PLATFORM/NETWORK. As GoyalPay is a site/platform/network owned by GoyalPay Communications Ltd. hence all the rights, benefits, liabilities & obligations under the following terms & conditions shall accrue to the benefit of GoyalPay Communications Ltd.

  1. Definitions

    1. Customer” “or” “you” mean a person who has registered with GoyalPay for availing the GoyalPay Wallet and who has accepted these Terms and Conditions and, owns/operates/has access to an internet compatible device that supports the GoyalPay Wallet.

    2. GoyalPay Wallet” or “GoyalPay Wallet” means the pre-paid payment instrument issued by GoyalPay including Express Account and Power Account.

    3. Charge(s)” or “Service Charge” shall mean the charges which GoyalPay may levy upon you in consideration for subscribing to the GoyalPay Wallet.

    4. Person-to-Person Transfer” refers to a facility to transfer funds from a GoyalPay Wallet to any other GoyalPay Wallet issued by GoyalPay or to any savings or current bank account.

    5. Merchant Establishment” shall mean and include physical Merchants, remote Merchants and any other outlet that has been authorized by GoyalPay to accept payment using GoyalPay Wallet.

    6. Enrollment Form” shall mean the GoyalPay Wallet Enrollment Form, as is required by GoyalPay from the Customer at the time of Registration for availing and / or continuation of the GoyalPay Wallet.

    7. Express Account” means Customer GoyalPay Wallet classified as Semi-closed system payment instruments issued by accepting minimum customer details being Customer name, Email address, mobile number, which permit payment and domestic money remittance as per RBI direction on Issuance and Operation of Pre-paid Payment Instruments in India (Reserve Bank) Directions, 2009 as amended and supplemented by the RBI from time to time.

    8. Power Account” means Customer GoyalPay Wallet which is KYC compliant and classified as Semi-closed system payment instruments which permit Person-to-Person transfer and payment to all identified Merchant as per RBI direction on Issuance and Operation of Pre-paid Payment Instruments in India (Reserve Bank) Directions, 2009 as amended and supplemented by the RBI from time to time.

    9. KYC” stands for Know your Customer and refers to the various norms, rules, laws and statutes issued by RBI from time to time under which GoyalPay is required to procure personal identification details from you before any services can be delivered. Know your Customer (KYC) documents may be required by GoyalPay from the Customer at the time of Registration and/ or on a later date, for availing and / or continuation of the GoyalPay Wallet.

    10. Password” means the secret password used to secure GoyalPay Wallet applications, without knowledge of which your GoyalPay Wallet will not be operable.

    11. Transaction” means Person-to-person transfer or purchase of goods or services at Merchant establishments or equivalent amount of money-in GoyalPay Wallet, if goods or services not available.

    12. Person-to-bank transfer” refers to a facility to transfer funds from a GoyalPay Wallet to any Bank Account.

    13. RBI” means the Reserve Bank of India.

  2. Documentation

    1. The collection, verification, audit and maintenance of correct and updated Customer information is a continuous process and GoyalPay reserves the right, at any time, to take steps necessary to ensure compliance with all relevant and applicable KYC requirements. GoyalPay reserves the right to discontinue services/ reject applications for GoyalPay Wallet at anytime if there are discrepancies in information and/or documentation provided by you.

    2. Any information provided to GoyalPay with the intention of securing GoyalPay Wallet shall vest with GoyalPay, and may be used by GoyalPay, for any purpose consistent with any applicable law or regulation, at its discretion.

    3. If the particulars provided by you in the KYC documents do not match with the details mentioned in the Enrollment Form, then GoyalPay has the right to forfeit the balance amount in your wallet.

  3. General Conditions of GoyalPay Wallet

    1. You will be issued, Express Account immediately after successful registration. Your account will be upgraded to a Power Account after you submit your KYC documents at the time of registration itself or on a later date and the same are verified and approved by GoyalPay. GoyalPay Wallet Power Account Services shall ordinarily be activated within twenty one (21) working days of receipt and verification of the associated documentation. For detailed features, registration process, documentation processes, KYC requirements, permitted Transactions, Service discontinuation procedure and other related details relating to the above mentioned Services, please refer www.GoyalPay.com/GoyalPay cash.

    2. You may recharge your GoyalPay Wallet at through any of the methods mentioned at www.secure.GoyalPay.in. The list of recharge outlets and methods of recharging GoyalPay Wallet are subject to change at the discretion of GoyalPay without prior intimation to the Customer.

    3. You may note that withdrawing money from GoyalPay Wallet is not allowed. Any outstanding credit GoyalPay Wallet must be utilized only to make payments for bona-fide Transactions at Merchant Establishments and Person-to-person transfers or Person-to-bank transfer.

    4. GoyalPay Wallet are available only to resident Indians who have attained the age of 18 years and are competent to contract.

    5. GoyalPay Wallet are not transferable.

    6. The maximum monetary value that can be stored at any point of time in a GoyalPay Wallet Power Account is INR 1,00,000/-(INR One lakh only). The maximum permitted value of Transactions at any point of time in GoyalPay Wallet Power Account is INR 1,00,000/- (INR One lakh only). The maximum monetary value that can be stored and utilized in a month in a GoyalPay Wallet Express Account is INR 20,000/- (INR Twenty Thousand Only). The maximum monetary value that can be transferred from one GoyalPay Wallet Account to other GoyalPay Wallet or bank account in a single transaction is INR 5,000/- (INR Five Thousand only). The maximum monetary value that can be transferred from one GoyalPay Wallet Account to other GoyalPay Wallet or bank account in a single month is INR 25,000/- (INR Twenty Five Thousand only). Subject to guidelines/notifications issued by RBI from time to time these limitations may be reviewed and modified at the discretion of GoyalPay without prior intimation to the Customer.

    7. GoyalPay reserves the right to suspend/discontinue GoyalPay Wallet Services to you at any time, for any cause, including, but not limited, to the following-

      • For any suspected violation of the rules, regulations, orders, directions, notifications issued by RBI from time to time or for any violation of the terms and conditions mentioned in this document

      • For any suspected discrepancy in the particular(s), documentation or Enrollment Form provided by you;

      • To combat potential fraud, sabotage, willful destruction, threat to national security or for any other force majeure reasons etc;

      • If the same is due to technical failure, modification, upgradation, variation, relocation, repair, and/or maintenance due to any emergency or for any technical reasons.

      • If the same is due to any transmission deficiencies caused by topographical and geographical constraints/limitations;

      • If the mobile connection with which your GoyalPay Wallet is related ceases to be operational or in your possession or control.

      • If GoyalPay believes, in its reasonable opinion, that cessation/ suspension is necessary.

    8. The value stored on your GoyalPay Wallet shall NOT be refunded under ANY circumstances and may only be utilized to make payments for bonafide transactions at merchant establishments and Person-to-person transfer or Person-to-bank transfer. No interest will be payable by GoyalPay on the available balance reflected on the GoyalPay Wallet.

    9. You are permitted to maintain and operate only one GoyalPay Wallet. Any suspected non-conformity with this requirement shall be just cause for the suspension/ discontinuation of any/all Wallets associated with you by GoyalPay.

  4. Wallet Charges & Validity

    1. You shall pay the Service Charges prescribed by GoyalPay in the form and manner prescribed for such payment. GoyalPay may at its discretion, change, amend, increase, or reduce the Service Charges without prior intimation to the Customer.

    2. Any value in your GoyalPay Wallet that is utilized towards making payments for any Transaction shall be automatically debited from your GoyalPay Wallet. GoyalPay’s responsibility is limited to the debiting of your GoyalPay Wallet and the subsequent payment to any Merchant Establishment that you might transact with. GoyalPay does not endorse, promote, champion or warrant any goods and/or services that might be bought/availed or proposed to be bought/availed using GoyalPay Wallet.

    3. GoyalPay reserves the right to levy charges/ charge commission upon any amounts loaded upon your GoyalPay Wallet or any amounts spent/utilized by you using GoyalPay Wallet. KYC customer (registered as business) are customers who are using GoyalPay to grow their business and have registered for same. You can become a GoyalPay business partner by visiting www.GoyalPay.com/in

    4. GoyalPay reserves the right to set off any balance in your Wallet in order to recover funds for transactions processed as per your request.

    5. Wallet Expiry and Balance Forfeiture

      • At present, GoyalPay does not expire the wallet or forfeits the balance amount in GoyalPay Wallet

      • GoyalPay reserves the right to introduce a policy as per the applicable RBI guidelines for wallet expiration and balance forfeiture in future. The terms and conditions related to any such policy that we may introduce in the future will come into effect from the date that will be clearly indicated under the “Terms of Use” for Semi Closed Wallet

  5. Customer Obligations

    1. GoyalPay Wallet availability is subject to the maintenance of an active mobile phone or internet connection with an associated telecom provider. GoyalPay Wallet availability is subject to the maintenance of a mobile phone handset and other application on which Services run and the Customer is solely responsible for all liability arising from the unavailability of Services due to a mobile handset or internet service provider not supporting any GoyalPay Wallet channel or application.

    2. You must ensure the availability of sufficient funds before executing any Transaction from your GoyalPay Wallet.

    3. You shall be solely responsible for the confidentiality, safety and security of the Password. You shall be the sole owner of the Password and shall be responsible for the consequences arising out of disclosure of the Password and/or the unauthorized use of GoyalPay Wallet. In case the Password is lost or misplaced, you shall promptly inform GoyalPay by calling at the customer care numbers where after the Password will be barred and a new Password will be issued to you after necessary validation. In case the mobile phone/ SIM card associated with your GoyalPay Wallet is lost/stolen/misplaced/ no longer in your control, you shall promptly inform GoyalPay. GoyalPay will upon receipt of such information block the relevant account.

    4. You shall only use GoyalPay Wallet for all Transactions with the specific Merchant Establishment for the products/services available therein. The list of Merchant Establishments is available at www.GoyalPay.com and is subject to change at GoyalPay’s discretion without prior intimation.

    5. You shall intimate GoyalPay about change in your address, if any, in writing along with such proof of address as per the KYC documents.

    6. You shall not use GoyalPay Wallet for any purpose that might be construed as contrary or repugnant to any applicable law, regulation, guideline, judicial dicta, GoyalPay policy or public policy or for any purpose that might negatively prejudice the goodwill of GoyalPay.

    7. You acknowledge and understand that GoyalPay Wallet are linked to your mobile phone number and you shall be solely responsible for any liability arising out of the loss/ theft / misuse of the mobile phone number or deactivation of mobile connection by the concerned telecom service provider, in respect of the Services.

    8. Information submitted by you for availing GoyalPay Wallet and/or information submitted while using GoyalPay Wallet may be shared with third parties by GoyalPay, inter alia, to facilitate the provision of GoyalPay Wallet.

    9. You shall ensure that the Services are not used for Transactions in foreign currency. GoyalPay Wallet is issued & shall be valid only in India and shall be used at Merchant Establishments only in India.

    10. Without limiting the foregoing, you agree that you will not use the GoyalPay Site to undertake any of the following actions or to display, upload, modify, publish, distribute, disseminate, transmit, update or share any information that:

      • Is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;

      • Infringes any patent, trademark, copyright or other proprietary rights;

      • contains viruses, corrupted files, or any other similar software or programs that is designed to interrupt, destroy or that may limit the functionality of any computer source or that may damage or adversely affect the operation of another person’s computer, its web-sites, any software or hardware, or telecommunications equipment;

      • Advertises or offers to sell any goods or services for any commercial purpose;

      • is in the nature of promotional services, products, surveys, contests, pyramid schemes, spam, unsolicited advertising or promotional materials, or chain letters;

      • Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or the source of software or other material;

      • Violates any law for the time being in force;

      • Belongs to another person to which you do not have any right to;

      • Interferes with or disrupts GoyalPay’s websites, servers, or networks;

      • Impersonate any other person;

      • Harm minors in any way;

      • Forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through its websites or to manipulate your presence on its websites;

      • Engage in any illegal activities;

      • Threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order, or causes incitement to the commission of any cognizable offence, or prevents the investigation of any offence or insults any other nation.

  6. Indemnity

    1. You agree to indemnify, defend and hold GoyalPay and/or related parties harmless from any and all claims, losses, damages, and liabilities, costs and expenses, including and without limitation legal fees and expenses, arising out of or related to your use or misuse of the GoyalPay Wallet, any violation of these Terms and Conditions, or any breach of the representations, warranties, and covenants made by you.

  7. Additional T&Cs

    1. When you acquire goods, software or any other services from a Merchant Establishment through any of GoyalPay’s Services, you understand and agree that, GoyalPay is not a party to the contract between you and the Merchant Establishment. GoyalPay does not endorse any advertiser or Merchant linked to its website. Furthermore, GoyalPay is under no obligation to monitor the Merchant Establishment’s service used by you; the Merchant Establishment alone will be responsible for all obligations under the contract including (without limitation) warranties or guarantees. Any dispute with or complaint against any Merchant Establishment must be directly resolved by the Customer with the Merchant Establishment. It is clarified that GoyalPay shall not be responsible or liable for any deficiency in goods and/or services purchased using GoyalPay Wallet. This exclusion of liability shall apply even for goods and/or services made available by GoyalPay under promotional schemes. You are instructed to satisfy yourself regarding the quality, quantity and fitness of any good and/or service before purchasing the same.
    2. Any amount transferred erroneously by the Customer to any Merchant Establishment shall not be refunded to the Customer by GoyalPay in any circumstances.
    3. Any web-link on the GoyalPay Site to a third party site is not an endorsement of that web-link. By using or browsing any such other web-link, you shall be subject to the terms and conditions in each such web-link.
    4. In the event of any dispute, GoyalPay records shall be binding as the conclusive evidence of the Transactions carried out through use of GoyalPay Wallet.
    5. GoyalPay shall send all customer communications by SMS and/or email and the SMS shall be deemed to have been received by you after they have been submitted for delivery to the mobile phone operator.
    6. You agree to receive all commercial message including transactional messages from GoyalPay.
  8. Amendment of Terms, Platform
    • GoyalPay reserves the right to amend, modify, change, add or terminate (collectively “Changes”) the Terms, the Site or the Platform/Network at any time in its sole discretion. Your continue use of the Site or the Platform/Network shall be deemed your acceptance of any such Changes. You should make sure you view these Terms periodically to make sure you are familiar with the most recent version of them.
    • GoyalPay may modify, terminate and/or suspend GoyalPay Wallet to the Customer anytime with or without prior notice, due to any changes in internal policies, rules, regulations and laws set by relevant authorities/regulators.
    • Any amendment of these Terms & Conditions proposed by you shall not be effective unless it shall be reduced to writing through amendment form and accepted by GoyalPay. Amendments made under this clause shall be deemed to be a part of these Terms & Conditions and in case of any contradiction the amendment form shall prevail. The terms and conditions herein shall be subject to the notifications/ guidelines issued by RBI, from time to time.

Eligibility and Registration to Use the Services

    1. You must be 18 years old to use GoyalPay. You must be an authorized representative with the authority to bind that company or entity to these Terms. You agree to provide accurate, current and complete information about yourself or your company as prompted by our registration form (including your email address) and maintain and update your information (including your email address) to keep it accurate, current and complete. We reserve the right to terminate any account or your use of the Site or the Platform/Network if any information provided by you is false, fictitious, inaccurate, not current or incomplete, with or without notice to you.
    2. You will be issued a user id and password to access your account. You must keep password confidential and not share it with any other person. You are responsible for all activity on your account, whether or not you authorized it. However, if you become aware of any unauthorized use of your account or your user id and password, please contact us immediately.
  1. Compliance with Law
    1. The GoyalPay Wallet is governed by per RBI direction on Issuance and Operation of Pre-paid Payment Instruments in India (Reserve Bank) Directions, 2009 (as amended and supplemented from time to time) and is also subject to directions / instructions issued by the RBI from time to time in respect of redemption, repayment, usage etc. GoyalPay will not be responsible or liable for any violation by you of applicable law, regulation, or guideline. You hereby declare that your name does not, at anytime, appear in the consolidated list of terrorist Individuals/ organizations as circulated by the RBI from time to time.
  1. Confidentiality
    1. Privacy of communication is subject to the terms of the certificate of authorization granted by the RBI and RBI notifications/directives etc. You specifically agree that in order to facilitate the provision of GoyalPay Wallet, GoyalPay may be required to disclose any information or particulars pertaining to you to any authority, statutory or otherwise.
  • Assignment
    1. GoyalPay shall have the right to assign/transfer these presents to any third party including its holding company, subsidiaries, affiliates, associates group companies.
  • Intellectual Property Rights
    1. We, or our licensors, own all right, title and interest, including, but not limited to all copyright, trademark, patent, trade secret or other proprietary rights (“IP Rights”), in and to the Site, the Platform, the Usage Data. You shall not reproduce, distribute, transmit, modify, create derivative works, display, perform or otherwise use the Site, the Platform or any of the IP Rights, or attempt to reverse engineer, decompile, disassemble, or derive the source code for the Platform or use the Platform or Site to create a competing product. GoyalPay is owned by GoyalPay Communications Ltd. Unauthorized use is strictly prohibited. All rights are expressly reserved to GoyalPay.
  • Disclaimer
    1. WE MAKE NO WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE, THE PLATFORM/NETWORK AND SERVICES OFFERED. WE EXPRESSLY DISCLAIM THE IMPLIED WARRANTIES OF NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR ANY PARTICULAR PURPOSE. We provide the Site, the Platform/Network and any other technology and services on the Site on an “as is”, “where is”, “with all faults” basis. We do not warrant that the Site or the Platform any products and services shown or described on the Site, or other technology and services will be uninterrupted, error-free, available or operational at any particular time, or that any known defects will be corrected.
  • Waiver and Release
    1. To the maximum extent permitted by law, you waive, release, discharge and hold harmless GoyalPay, its affiliated and subsidiary companies, 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 Platform / GoyalPay Wallet.
  • Consent to Electronic Communications and Transactions
    1. By registering to use the Site, below, you consent to conduct transactions and receive communications, notices and information from us electronically, whether sent by e-mail or other electronic means. Electronic communications shall be deemed to have been received by you when we send the electronic communication to the email address/mobile number that as per our records, or when we post the electronic communication on the GoyalPay Site. The requirements for such electronic transactions and communications following: you must have access to the Internet, mobile web, applications and a valid e-mail address. You can withdraw your consent at any time by contacting us, but We reserve the right to terminate your account upon such withdrawal. Withdrawal of your consent will not affect the legal validity and enforceability of any notice, statement or disclosure previously received electronically. You agree to notify us promptly if your email address or other contact information changes by updating your account information or contacting us.
  • Limitation of Liability
    • NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, NEITHER GoyalPay, NOR ITS AFFILIATED COMPANIES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR ANY RELATED PARTY SHALL HAVE ANY LIABILITY TO USERS 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 SITE OR THE OFFERINGS, 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, OUR MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY CAUSES WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION (WHETHER LIABILITY ARISES DUE TO NEGLIGENCE OR OTHER TORT, BREACH OF CONTRACT, VIOLATION OF STATUTE, MISREPRESENTATION OR FOR ANY OTHER REASON), WILL AT ALL TIMES BE LIMITED TO INR ONE HUNDRED (INR 100).
  • Choice of Law and Dispute Resolution
    1. These Terms shall be governed by, and construed in accordance with, the laws of India, without reference to principles of conflicts of law. The parties agree that the courts of Latur shall have exclusive jurisdiction over any dispute arising from or relating to these Terms, the Platform/Network or the Site. You expressly consent to the personal jurisdiction of said courts and waive any objection to such personal jurisdiction based on forums non convenience or any other basis.
  • General
    1. The parties are independent contractors and nothing in these Terms shall be deemed to create an agency or employment relationship, a franchisor-franchisee relationship, joint venture or partnership. These Terms constitute the entire agreement between you and us regarding its subject matter and supersede all prior and contemporaneous undertakings and agreements between the parties, whether written or oral, with respect to that subject matter. Should any provision of these Terms be deemed unenforceable or invalid, the other provisions of these Terms shall remain in full force and effect. You cannot assign the Terms or delegate your obligations under these Terms without the express written consent of GoyalPay. The prevailing party in any action relating to these Terms shall be entitled to recover its reasonable legal fees, costs and disbursements incurred in connection therewith from the non- prevailing party.
  • Grievance Officer
    • The customer has the right to register his complaint if he is not satisfied with the services or finds attitudinal deficiencies when dealing with agents/ staff or finds system errors or sees gaps between standards of service promised and actual service rendered by the company. This mechanism is exclusively dedicated for customer complaint redressal. Acknowledgement of Grievances & redress on Complaints:
    1. CSD will acknowledge the grievance immediately on the receipt of complaint and initiate action to have the grievance resolved within a maximum period of three weeks on extraordinary cases with auto reply in either cases.
    2. The customer will also be kept informed of the action taken, the progress while redressing grievances, and/or, the reasons for delay if any, in redressing.
    3. Complaints received by e-mail shall be acknowledged by an immediate system generated response or via individual emails to the extent possible.
    4. The follow up action taken in respect of such complaints shall be advised to customers by e-mail.

GoyalPay MARKET PLACE

GoyalPay is the provider of online Marketplace Service, where branded merchandises are displayed online by the various registered merchants (Merchants) for sale and you can purchase the same subject to the terms and conditions contained herein. Online Market Place Services are offered to you through various modes including issue of coupons & vouchers and through various Sites. The actual contract for sale is directly between the Merchant and you. GoyalPay provides the services of listing catalogs, pricing, shipping, etc. which is informational and it is up to you to follow it or not. GoyalPay may help facilitate the resolution of disputes through various modes; GoyalPay has no control over the existence, quality, safety or legality of items displayed; the accuracy of third party content or listings; the ability of sellers to sell items; the ability of buyers to pay for items. GoyalPay does not at any point of time during any transaction between buyer and seller, take the ownership of any of the goods offered by seller nor does it at any point asserts any rights or claims over the goods or services offered by seller to buyer. In using the online Market Place Service, you explicitly agree and acknowledge that:

  1. GoyalPay, through its Site also makes available a variety of branded products/ services offered by its Merchant partners. Purchase of such products will be subject to the terms of offer for sale and such other additional terms, if any, as specified by the Merchant partner.

  2. GoyalPay may offer delivery services for some of the products on the Website as per the company’s policy, which may be changed by GoyalPay without any notice to you.

  3. GoyalPay is not a warrantor of the products/ services being offered on GoyalPay by various Merchants. You understand that any issue or disputes regarding the warranty, guarantee, quality, and service will be addressed either by the manufacturer/ service provider or the Merchant and you agree to handle such issues and disputes directly between you and the Merchant/ Manufacturer. All the Products are governed by the terms of warranties provided by the respective manufacturer/ brands. However, in case any product is covered under seller (Merchant) warranty, it shall be specifically mentioned under the product details. You acknowledge that GoyalPay gives no guarantee, either express or implied, regarding the Product bought by you or for the use or availability of online Market Place Service.

  4. The price of products offered on the Website is including MRP, Retail Price, Sell Price, Discounted Price is offered by our Merchant partner. GoyalPay 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 from time to time.GoyalPay is not liable for any manufacturing defect, faulty product received, warranty claims, after sales service for any of the products purchased on the platform. GoyalPay is not linked with any warranty, guarantee, post sale claims, genuineness of products or brand as it is just a platform that facilitates sales for its Merchant partners. GoyalPay will make best efforts to assist customers in issue resolution including refund or arranging replacement but it will not bear the risk from legal claims for any misrepresentation or selling of wrong product.

  5. The Website makes available general third party information such as, product catalogues, lists of authorized dealers and reports on news, entertainment, technology and features, advertisements, images and photographs of the products and other data from external sources (Third Party Content”).Similar Third Party Content would also be available to you on the email received by you from GoyalPay. 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. GoyalPay does not provide any guarantee with respect to any the Third Party Content and GoyalPay shall not be held liable for any loss suffered by you based on your reliance on or use of such data.

  6. Cancellation

    1. Cancellation by GoyalPay: There may be certain orders that GoyalPay Merchant partners are unable to accept and service and these may need to be cancelled. Some situations that may result in your order being cancelled include, non-availability of the product or quantities ordered by you, non- availability of the delivery service in the address to which product is required to be shipped, inaccuracies or errors in pricing information specified by our Merchant partners, or problems identified by GoyalPay’s credit and fraud avoidance department. GoyalPay may also require additional verifications or information before accepting any order. GoyalPay will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after your credit card or bank account has been charged, the said amount will be reversed back in your credit card / bank account. A promo code, once used shall not be refunded in case of cancellation of order either by Customer or GoyalPay.

    2. Cancellation by the User: In case of requests for order cancellations, GoyalPay reserves the right to accept or reject requests for order cancellations for any reason whatsoever. As part of usual business practice, if GoyalPay receives a cancellation notice and the order has not been processed/ approved by GoyalPay, GoyalPay shall cancel the order and refund the entire amount to you instantly. GoyalPay will not be able to cancel orders that have already been processed. GoyalPay has the full right to decide whether an order has been processed or not. You agree not to dispute the decision made by GoyalPay and accept GoyalPay’s decision regarding the cancellation. In cases where it is not possible to cancel orders since they have already been shipped refund shall be made subject to the returns process post return request is raised and you would get replacement or refund once the original item is back with the Merchant partner in good sale-able condition.

  7. GoyalPay reserves the right to cancel any orders that classify as ‘Bulk Order’ as determined by GoyalPay as per certain criteria. Any GoyalPay Promo Code used for placing the ‘Bulk Order’ will not be refunded as per this cancellation policy. An order can be classified as ‘Bulk Order’ if it meets with the below mentioned criteria, which may not be exhaustive, viz:

    1. Products ordered are not for self-consumption but for commercial resale

    2. Multiple orders placed for same product at the same address

    3. Bulk quantity of the same product ordered

    4. Invalid address given in order details

    5. Any malpractice used to place the order

  8. Delivery of the Product: Your shipping address, pin code will be verified with the database of GoyalPay before you proceed to pay for your purchase. In the event your order is not serviceable by our delivery partners or the Merchant or the area is not covered, we would request you to provide us with an alternate shipping address which we expect to have on our partner/Merchant’s delivery list. In case there is any dispute regarding the shipment of the product or services for the area not covered by GoyalPay, in such cases GoyalPay will not be responsible for the non-delivery of the product. GoyalPay doesn’t deliver items internationally. However, you can make purchases on the Site from anywhere in the world but at the same time ensuring the shipping address is within India.In case you book multiple orders for the Products and Services in one transaction, GoyalPay would endeavor to ship all Products together. However, this may not always be possible due to some product characteristics or logistics’ issues. If you purchase multiple Products in single transaction, then all the Products would be dispatched to a single shipping address given by you. If you wish to ship Products to different addresses, then you should book the orders separately based on the delivery addresses.

  9. Return Policy

    1. In the event you receive a damaged / defective product or a product that does not comply with the specifications as per your original order, you are required to get in touch with the customer service team.

    2. Upon receiving your complaint, GoyalPay shall verify the authenticity and the nature of the complaint. If GoyalPay is convinced that the complaint is genuine, GoyalPay will inform the relevant Merchant of such complaint and request for a replacement. However, in the event of frivolous and unjustified complaints regarding the quality and content of the products, GoyalPay reserves the right to pursue necessary legal actions against you and you will be solely liable for all costs incurred by GoyalPay in this regard. You expressly acknowledge that the Merchant selling the defective product/ service will be solely responsible to you for any claims that you may have in relation to such defective product/ service and GoyalPay shall not in any manner be held liable for the same.

    3. Before accepting shipment of any product, kindly ensure that the product’s packaging is not damaged or tampered. If you observe that the package is damaged or tampered, request you to refuse to accept delivery and inform GoyalPay at the earliest. The return process of the product may be restricted by GoyalPay depending on the nature and category of the product.

    4. In order to return any products sold through the Website, you are required to comply with the below mentioned conditions, viz:

      1. For non damaged/ non defective product/service, you shall be allowed to return the product within the time frame displayed on website at the time of purchase.
      2. Please notify GoyalPay of receipt of a damaged/ defective product/service within 48-hours of delivery to you. If you are unable to do so within  GoyalPay/Merchant/manufacturer/service provider shall not be held liable for the failure to replace the order;
      3. GoyalPay will arrange pick-up of the damaged/defective product through its own logistics partner. In the event GoyalPay is unable to do so, GoyalPay will notify you regarding the same and you will be required to dispatch the product using a reputed courier in your respective area within one (1) day from receipt of such notice. Courier freight charges will be reimbursed in such form as is determined by the logistics team upon prior consultation with GoyalPay;
      4. Products should be returned in their original packaging along with the original price tags, labels, barcodes, user manual, warranty card and invoices etc.;
      5. It is advised that the return packets should be strongly and adequately packaged so that there is no further damage of products during transit;
      6. The returned products are subject to verification and checks by GoyalPay in order to determine the legitimacy of the complaint/ return.
      7. In the event the return of a product is duly accepted by GoyalPay, the value of such product, as originally paid by you during acceptance of delivery of product or otherwise, will be refunded to you. Refund will be processed based on the mode of payment and GoyalPay will credit your refunds directly into GoyalPay Wallet account. Refunds will be subject to the following:
        1. Orders paid online will be refunded instantly through the GoyalPay Wallet
        2. For Cash on Delivery payments also the amount will be refunded into your GoyalPay Wallet.
        3. You can trigger a request in your GoyalPay Wallet to transfer the money from your GoyalPay Wallet to the Bank. It will take 3-21 days for the money to show in your bank account depending on your Bank’s policy.
      8. A promo code, once used shall not be refunded in case of cancellation of order either by customer or GoyalPay.
    5. GoyalPay offers hassle-free returns to simplify returns for buyers and sellers. The cost of return shipping for an item that is not as described is the seller’s responsibility. You also authorize GoyalPay to place the return shipping label costs on your invoice, subject to your automatic payment method on file.
  10. Use of Information: We may share your telephone numbers with our service providers (such as billing or collections companies) who we have contracted with to assist us in pursuing our rights or performing our obligations under the User Agreement, our policies, or any other agreement we may have with you. These service providers may also contact you using autodialed or prerecorded messages calls and/or SMS or other text messages, only as authorized by us to carry out the purposes we have identified above, and not for their own purposes.
  11. By accepting the terms and conditions the you accept that GoyalPay may send the alerts to the mobile phone number/ email provided by you while registering for the Service or to any such number replaced and informed by you.
  12. Content: While We try to offer reliable data, We cannot promise that the catalogs will always be accurate and up-to-date, and you agree that you will not hold our catalog providers or us responsible for inaccuracies in the catalogs. The catalog may include copyrighted, trademarked or other proprietary materials. You agree not to remove any copyright, proprietary or identification markings included within the catalogs or create any derivative works based on catalog content.
  13. Limitation of liability and waiver: Notwithstanding anything to the contrary contained herein, neither GoyalPay nor its affiliated companies, subsidiaries, officers, directors, employees or Merchants or any related party 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 site or the offerings, 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, our maximum aggregate liability to you for any causes whatsoever, and regardless of the form of action (whether liability arises due to negligence or other tort, breach of contract, violation of statute, misrepresentation or for any other reason), will at all times be limited to INR one hundred (INR 100). To the maximum extent permitted by law, you waive, release, discharge and hold harmless GoyalPay, its affiliated and subsidiary companies, 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 online Market Place Service.
  14. Jurisdiction and dispute resolution: These terms shall be governed by, and construed in accordance with, the laws of India, without reference to principles of conflicts of law. The parties agree that the courts of Latur shall have exclusive jurisdiction over any dispute arising from or relating to these Terms, the Platform/Network or the Site. You expressly consent to the personal jurisdiction of said courts and waive any objection to such personal jurisdiction based on forums non convenience or any other basis.

GoyalPay MARKET PLACE – Travel

You hereby acknowledge and agree that GoyalPay merely provides Online Market Place Services through its platform www.GoyalPay.com #ffffff;" in order to facilitate listings/bookings by Aggregator directly and/or through its Merchants (including but not limited to flight, hotel and car hire booking and price comparisons). You can make these bookings subject to the respective Aggregator’s terms and conditions. Most hotels have a policy that do not allow unmarried couples to check in. For more information request you to contact hotel in order to get further clarifications and confirmation or same can be confirmed on their website as well. You are requested to please go through the same before making any bookings:

You agree and acknowledge that the actual contract for sale is directly between you and the Merchant. GoyalPay provides these services to you which are informational in nature. GoyalPay is not a travel or booking agent or a last mile service provider to you and therefore, shall not be deemed to be liable for any fault in the content/booking/listing services provided by Aggregator. GoyalPay is also not responsible for setting or controlling the prices applicable to such searches and bookings through its platform. All such listings/bookings are provided by Aggregator directly and/or through its Merchants and are subject to the terms and conditions imposed by the concerned Aggregator. GoyalPay does not control or prevent changes in the published details and descriptions of such websites/apps, operated by Aggregator and is not responsible for any contents therein. GoyalPay has no control over the existence, quality, safety or legality of items displayed; the accuracy of Aggregator’s content or listings; the ability of Aggregator to sell items. GoyalPay does not at any point of time during any transaction between you and Aggregator, take the ownership of any of the listing, bookings offered by Aggregator nor does it at any point asserts any rights or claims over the same offered by Aggregator to you. In using the online Market Place Service, you explicitly agree and acknowledge that:

  1. GoyalPay, through its site/app makes available, content/listings/bookings offered by the Aggregators either directly and/or through its Merchants. 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.

  2. GoyalPay is not a warrantor of the content/listings/bookings being offered on GoyalPay by various Aggregators. 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 and you agree to handle such issues and disputes directly between you and the Aggregator. You acknowledge that GoyalPay gives no guarantee, either express or implied, regarding the use or availability of online Market Place Service or bookings made by you through Online Market Place.
  3. GoyalPay, 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. GoyalPay is not liable for any defect or fault in listings/bookings, content the product or deficiency in service of the Aggregator purchased through the platform. GoyalPay is not linked with any warranty, guarantee, post sale claims, genuineness of listings/bookings, content, products and services as it is just a platform that facilitates booking through the Aggregator. GoyalPay will not be liable for any claims including but not limited to any misrepresentation by the Aggregator in its content/listings/bookings.

  4. The Website/App makes available, general third party information such as, product and services catalogues, lists of authorized dealers and reports on news, entertainment, technology and features, advertisements, images and photographs of the products and other data from external sources (Third Party Content”). Similar Third Party Content would also be available to you on the email received by you from GoyalPay. GoyalPay 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. GoyalPay does not provide any guarantee with respect to any the Third Party Content and GoyalPay shall not be held liable for any loss suffered by you based on its reliance on/or use of such data. You should contact such site/app for their terms and conditions, privacy policy, complaints and clarification governing various features and offers of the products and services offered by them.

  5. Please check visa requirements needed for travel itinerary. GoyalPay is not liable to issues related to visa and incorrect passport info.

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. GoyalPay has no role in governing refund/cancellation charges. GoyalPay, being an Online Market Place Services provider, will not be responsible for it. The Aggregator is solely responsible for the content/listings/bookings made available by it through GoyalPay Platform and you should contact the respective Aggregator directly in relation to the above mentioned queries.

Use of Information: We may share your telephone numbers with our service providers (such as billing or collections companies) who we have contracted with to assist us in pursuing our rights or performing our obligations under the you Agreement, our policies, or any other agreement we may have with you. These service providers may also contact you using autodialed or prerecorded message calls and/or SMS or other text messages, only as authorized by us to carry out the purposes we have identified above, and not for their own purposes. By accepting the terms and conditions the you accept that GoyalPay may send the alerts to the mobile phone number/ email provided by you while registering for the Service or to any such number replaced and informed by you. Limitation of liability and waiver: Notwithstanding anything to the contrary contained herein, neither GoyalPay nor its affiliated companies, subsidiaries, officers, directors, employees or Merchants or any related party 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 site or the offerings, 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, our maximum aggregate liability to you for any causes whatsoever, and regardless of the form of action (whether liability arises due to negligence or other tort, breach of contract, violation of statute, misrepresentation or for any other reason), will at all times be limited to INR one hundred (INR 100). To the maximum extent permitted by law, you waive, release, discharge and hold harmless GoyalPay, its affiliated and subsidiary companies, 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 Online Market Place Service Jurisdiction and dispute resolution: These terms shall be governed by, and construed in accordance with, the laws of India, without reference to principles of conflicts of law. The parties agree that the courts of Latur shall have exclusive jurisdiction over any dispute arising from or relating to these Terms, the Platform/Network or the Site. You expressly consent to the personal jurisdiction of said courts and waive any objection to such personal jurisdiction based on forums non convenience or any other basis..

TERMS AND CONDITIONS of MMTC – PAM

These “Conditions of Use” constitute an electronic record within the meaning of the applicable law. This electronic record is generated by a computer system and does not require any physical or digital signatures

  1. In these Terms, references to “you”, “Customer” shall mean the counterparty who transacts the purchase using the GoyalPay “Platform”, being a natural person buying Gold and redeeming Gold in the form of minted products. “Platform” shall mean the platforms (website, mobile apps, others) of GoyalPay 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.
  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 the foregoing, by continuing to use the Platform after we post any such changes, you accept the Terms as modified.
  3. MMTC-PAMP shall be entitled to collect and store relevant information and documents provided by the Customer to the Platform for KYC purposes. Further, as and when required by MMTC-PAMP, the Customer will be required to provide additional documents for fulfilling the KYC requirements of MMTC-PAMP.
  4. You can offer to buy minimum 1 gram gold of 999.9 purity and in multiples of 1 gram at the Live prices of Gold of 999.9 purity displayed on the Platform.
  5. Customer has to make one physical redemption in the first year of account opening
  6. Payment will be accepted only through your GoyalPay wallet or other payment options made available on the Platform. At the time of purchase of Gold, the relevant taxes will be applicable as per the Government regulations.
  7. MMTC-PAMP will provide a catalogue of minted products that the customer can select for redemption. These minted products will be hosted on the platform.
  8. 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 minted product selected from the catalog for deliver shall be subject to availability of stock with the MMTC-PAMP.
  9. For each confirmed purchase of Gold by the Customer, MMTC-PAMP India will be the custodian till delivery as per your instructions or up to a period of 5 (five) years from the date of purchase (Custody Period), whichever is earlier. The Gold purchased by you 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
  10. The Customer will have the option of asking for physical delivery of the full or part of the accumulated gold holding, in the form of minted products starting from 1gm and multiples thereof.
  11. The customer cannot buy and redeem Gold on the same day. After confirmation of payment, MMTC-PAMP will debit the customers gold account, and deliver the coins to the customer
  12. Live prices of Gold will be displayed on the Platform and are subject to change from time to time. The live prices of Gold 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, 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.
  13. While availing any of the payment method/s available on the Platform, MMTC-PAMP will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to the Customer due to:
  • Lack of authorization for any transaction/s, or
  • Exceeding the preset limit mutually agreed by and between the Customer and relevant banks of the Customer, or
  • Any payment issues arising out of the transaction, or
  • Illegitimacy of the payment methods (credit/debit card frauds etc.) being used by a Customer; or
  • Temporarily discontinuation of invitation to offer; or
  • Decline of transaction for any reason(s) whatsoever.
  1. MMTC-PAMP may, at its discretion, prescribe maximum individual/cumulative limits for Customers to accumulate gold through this scheme.
  2. At any point of time on any day MMTC-PAMP may temporarily discontinue the invitation to offer for any reason whatsoever.
  3. MMTC-PAMP will, at its discretion, close down inactive accounts, as defined by MMTC-PAMP, or accounts for which Custody Period. Customers will be requested to redeem their gold holdings. In the event the customer chooses not to respond, MMTC-PAMP reserves the right to repurchase the Customers gold holding at the prevalent gold purchase price offered on the Platform, after deducting applicable charges. For the purpose of this Clause ‘Inactive Account’ shall mean an account in which there has not been any operation for a period of 6 (six) months.
  4. 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.
  5. In the event the delivery address selected by the Customer falls in a non-serviceable area, then the Customer shall be liable and responsible to collect the minted products from an MMTC-PAMP designated outlet. In case the customer requests a change of address, delivery will be only be made to serviceable areas.
  6. In the event the account of customer has become inactive and the customer has not provided an operational bank account, MMTC-PAMP reserves the right to liquidate the Gold holding and treat the proceeds in accordance with applicable laws.
  7. All minted Products selected for delivery by customer for redemption, shall be delivered within India as per instructions of the Customer to the Customer through Our logistics partner. 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.
  8. The logistics partner of MMTC-PAMP will make a maximum of three attempts to deliver your order. In case the Customer is not reachable or does not accept delivery of products in these attempts, the Customer shall be responsible for collecting the minted product from the designated outlets of MMTC-PAMP.
  9. 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.
  10. Upon MMTC-PAMP confirming the purchase or redemption of Gold by Customer, the order / request of Customer to purchase / redemption, as the case may be, shall be binding on the Customer and cannot be cancelled.
  11. You agree and undertake that you will not violate any applicable laws or regulations for the time being in force in or outside India. You also agree and undertake that you will not open any account in the name of any minor.
  12. 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 and such use shall be entirely unrestricted.
  13. In the event of termination / expiry of MMTC-PAMP’s arrangement with GoyalPay / GoyalPay or otherwise at any point of time, MMTC-PAMP reserves the right to migrate your GAP account to an alternative platform and continue with 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.
  14. These Terms shall be governed by and interpreted and construed in accordance with the laws of India. The courts in Latur shall have exclusive jurisdiction in respect of any matters arising here from.
  15. 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.
  16. Any failure or delay by a party to enforce or exercise any provision of these Terms, or any related right, shall not constitute a waiver by such party of that provision or right. The exercise of one or more of a party’s rights hereunder shall not be a waiver of, or preclude the exercise of, any rights or remedies available to such party under these Terms or in law or at equity. Any waiver by a party shall only be made in writing and executed by a duly authorized officer of such party.
  17. Force Majeure:If performance under these Terms by 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 MMTC-PAMP and could not have been prevented by reasonable precautions then the MMTC-PAMP shall in toto 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 MMTC-PAMP of its obligations herein.
  18. Absence of relationship:You represent and warrant to MMTC-PAMP that you have sufficient experience and knowledge to make informed decisions to purchase/redeem Gold/Minted Products. You acknowledge that you are making all of your own decisions in connection with purchases or redemption and that you have not relied on any information made available by MMTC-PAMP, and that MMTC-PAMP is not making any recommendation with respect to such purchases/redemption of Gold/Minted 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.
  19. 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 MMTC-PAMP. Therefore, 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 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, 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.
  20. 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/Minted Products. 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. 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.
  21. Indemnification:You agree to indemnify, defend and hold MMTC-PAMP harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees), or other expenses that arise directly or indirectly out of or from (a) your breach of this Agreement; (b) any allegation that any materials that you submit to us; and/or (c) your activities in connection with any MMTC-PAMP products or services.
  22. Disclaimers and limits of liability: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/Minted Products with respect to future prices or any return on investment. MMTC-PAMP will not be liable for any loss or damage caused by reliance on information obtained in any of our newsletters, literature, reports, e-mail correspondence, website, or any other communication from MMTC-PAMP. 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, 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.
  23. You acknowledge that MMTC-PAMP will not be liable to you or any other person as a result of your access or use of Gold/Minted 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 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. You agree that the maximum liability of MMTC-PAMP for all damages, losses, and causes of action under this agreement shall be the total amount paid by you, if any, for access to any MMTC-PAMP products or services. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

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