Intellectual Property Rights

Intellectual Property Rights for the purpose of this Terms of Use shall always mean and include copyrights whether registered or not, patents including rights of filing patents, trademarks, trade names, trade dresses, house marks, collective marks, associate marks and the right to register them, designs both industrial and layout, geographical indicators, moral rights, broadcasting rights, displaying rights, distribution rights, selling rights, abridged rights, translating rights, reproducing rights, performing rights, communicating rights, adapting rights, circulating rights, protected rights, joint rights, reciprocating rights, infringement rights. All those Intellectual Property rights arising as a result of domain names, internet or any other right available under applicable law shall vest in the domain of TruGold or TruGold entities as the owner of such domain name. The Parties hereto agree and confirm that no part of any Intellectual Property rights mentioned hereinabove is transferred in the name of User and any intellectual property rights arising as a result of these presents shall also be in the absolute ownership, possession and Our control or control of its licensors, as the case may be.

All material on this TruGold website and mobile application, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights of TruGold Technologies Pvt Ltd. Material on Website is solely for Your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and You must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other platform or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited.

Waiver

Any failure or delay by TruGold/Augmont to enforce or exercise any provision of these Terms, or any related right, shall not constitute a waiver by TruGold/Augmont of that provision or right. The exercise of one or more of a TruGold/Augmont’s rights hereunder shall not be a waiver of, or preclude the exercise of, any rights or remedies available to TruGold/Augmont under these Terms or in law or at equity. Any waiver of any provision shall only be effective if made in writing and executed by a duly authorized officer of TruGold.

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 TruGold/Augmont. Therefore, TruGold/Augmont shall not be responsible for errors, negligence, inability to execute orders, delays in transmission, delivery or execution of order due to breakdown or failure of transmission or communication facilities, or to any other cause beyond TruGold/Augmont’s control or anticipation. You acknowledge that pricing or typographical errors may occur and that therefore, in the event that a product is listed at an incorrect price or with incorrect information due to an error in pricing or product information, TruGold reserves the right, at our sole discretion, to refuse or cancel or reject any orders placed for the products. Furthermore, TruGold 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 or Silver.

Termination

You agree that TruGold at its sole discretion may terminate your contract without prior notice and restrict your access to the App/Platform if determined that You have violated the terms of use and You consent that in case TruGold suffers losses, not limited to monetary losses, due to Your actions, We can take injunctive relief or any other legal action as deemed necessary within the said circumstances and TruGold is not liable for any loss to You due to termination.

Limitation of Liability

Financial and non-financial transactions performed by You on the Platform are always processed by You or under Your exclusive authorization.

In no event will TruGold be liable for any indirect, consequential, incidental, special or punitive damages, including without limitation damages for loss of profits or revenues, business interruption, loss of business opportunities, loss of data or loss of other economic interests, whether in contract, negligence, tort or otherwise, arising from the use of or inability to use the Services, however caused and whether arising in contract, tort, negligence, warranty or otherwise.

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

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

Indemnification

Customer hereby agrees to indemnify and keep TruGold indemnified from and against all actions, claims, demands, proceedings, losses, damages, personal injury, costs, charges and expenses, directly or indirectly, whatsoever (‘Losses’) which TruGold or its employees, agents, workers or representative may at any time incur, sustain, suffer or be put to as a consequence of or by reason of or arising out of:

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

Force Majeure

A Force Majeure Event shall mean any event that is beyond the reasonable control of TruGold and its business partners.

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

Absence of Relationship

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

Dispute, Governing Law & Jurisdiction

This Agreement and the rights and obligations thereunder and the relations of the parties and all matters arising under or in connection with this Terms of Use, including the construction, validity, performance or termination thereunder, shall be governed by and construed in accordance with the laws of the Republic of India. Subject to and without prejudice to the amicable settlement, the courts in Bengaluru, Karnataka shall have exclusive jurisdiction to try and adjudicate all matters arising in connection with your use of the Services or other matters covered herein.