Terms & Conditions – User Agreement
This Service Agreement (the “Agreement”) governs your use of the ahimanshu.com website, services and products (“ahimanshu.com”).
We stand behind every product we sell, and guarantee the authenticity of all our products.
The Agreement serves as a reference guide to provide the Customer (“you” or “your”) with a concise and comprehensive understanding of the policies and procedures for utilizing the ahimanshu.com website, any affiliated website, any of the informational services provided by ahimanshu.com and for the purchasing, selling and storing of precious metals like Silver & Gold with ahimanshu.com (“ahimanshu”, “we”, “us” and “our”) via the ahimanshu.com website(s), application(s), telephone or e-mail.
Non-registered users may only access and utilize the public portions of the ahimanshu.com website subject to the terms of this Agreement. In order to access the remaining features of the ahimanshu.com website or to purchase from or sell precious metals to ahimanshu you will have to become a member of ahimanshu.com by registering and creating a ahimanshu.com account. When you create your account, you must provide accurate and complete information, and keep that information updated. You are solely responsible for maintaining the confidentiality of your user name and password and for any and all activities (including purchases) that are conducted through your account. Further, you are responsible for any fees or charges incurred to your account by accessing ahimanshu.com through an Internet access provider or other third party service. You agree to keep all privileged information strictly confidential; this expressly includes all electronic or telephonic communications between you and ahimanshu, access to your account and any information accessible through your account. A ahimanshu account may be registered only to a unique user and only the registered user may access the account; multiple persons are expressly prohibited from registering a single shared account. You may never use another user’s account nor may you allow another to use your user account. Your account is not transferable to any third party.
3. YOUR INVESTMENT ACKNOWLEDGEMENTS, REPRESENTATIONS AND WARRANTIES
You acknowledge that investing in precious metals involves risks and may not be suitable for everyone. You are therefore urged to consult with your own financial advisor(s) before making a decision. Past performance is not necessarily indicative of future results. Investing in precious metal(s) often involves a degree of risk that makes them unsuitable for certain individuals. You should carefully consider the suitability of precious metals as a personal investment choice before making any decisions that may affect your financial situation. ahimanshu makes no recommendations, projections, representations, or guarantees with respect to future prices, or performance of precious metals.
You acknowledge that you are subject to a variety of risks, which risks are beyond the control of ahimanshu, and you also acknowledge that ahimanshu is not liable or responsible for those risks. Those risks include, without limitation, risks associated with the price volatility of the products, particularly precious metals. Under certain market or other conditions (such as technological or other disruptions), you may not be able to liquidate the purchased products or, liquidate the purchased products at prices acceptable to you.
4. ABSENCE OF RELATIONSHIP
You represent and warrant to ahimanshu that you have sufficient experience and knowledge to make informed decisions to purchase from or sell precious metals to ahimanshu. You acknowledge that you are making all of your own decisions in connection with purchases or sales and that you have not relied on any information made available by ahimanshu, including without limitation ahimanshu.com or affiliate websites, and that ahimanshu is not making any recommendation with respect to such purchases or sales. You further acknowledge that there is no fiduciary duty between you and ahimanshu. The sole relationship between you and ahimanshu is purchaser-seller relationship. No other relationship, 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 ahimanshu.
5. PURCHASING AND SELLING PRECIOUS METALS
A. Purchasing from ahimanshu. You may purchase precious metals from ahimanshu as an Individual, LLP, Corporation, Trust or through your bank account using INDIAN Rupees. All individual purchases are transacted via ahimanshu.com, by telephone or e-mail. You acknowledge that prices for precious metals change throughout the day and that the prices charged by ahimanshu reflect live market prices and therefore all sales are final and cannot be canceled, refunded or returned.
B. Selling to ahimanshu. You acknowledge that ahimanshu’s sellback policy is entirely voluntary and non-exclusive. This means that you may elect to sell product purchased from us to any interested party, including at your sole discretion, back to ahimanshu in accordance with the ahimanshu.com Sellback Policy. All sales to ahimanshu are transacted via your account with ahimanshu.com, by telephone or e-mail. All sales are final and cannot be canceled. A sale is final and the agreement shall be binding when the price and type of precious metal(s) have been locked-in by ahimanshu. In the event you breach the agreement, ahimanshu may implement its Market Loss Policy pursuant to this agreement. The items eligible for sale to us must be a product of like-kind that we carry, in new condition and in increments that we sell at ahimanshu.com. We reserve the right to charge an verification fee to verify the purity and authenticity of the product that may be charged against the final sellback price. When selling to ahimanshu, we will provide you with a “Sellback Contract” which will include any fees that may be associated with selling back and must be completed, with the product shipped, within one (1) business day of the contract’s formation. ahimanshu will provide payment by NEFT / bank wire transfer; bank wire transfers are subject to a one-time transactional fee pursuant to our current policy. We reserve the right to terminate this policy at any time without notice.
C. 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 ahimanshu. Therefore, ahimanshu 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 ahimanshu’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, ahimanshu reserves the right, at our sole discretion, to refuse or cancel any orders placed for said products. Furthermore, ahimanshu reserves the right to deny any internet trade’s confirmation due to market volatility and/ or unusual circumstances or conditions. This includes, without limitation, unexpected unavailability of products.
D. Death. In the event of your death, ahimanshu will require full documentation of your property interest retained by ahimanshu and proof of death. Proof of death must be an official government document issued by the proper legal authority. Upon confirmation of your death, ahimanshu will freeze your account and to the extent required by law, ahimanshu will act in accordance with the conditions set out in your will, or as instructed by the trustee of your estate. ahimanshu shall be entitled to collect reasonable fees to provide this service. It is your sole responsibility to ensure that such documentation will be provided for in the event of your death.
E. 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 from or sale to us. ahimanshu 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. ahimanshu 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.
6. RETURNS & MARKET LOSS POLICY
Upon securing a purchase from or sale to ahimanshu of any product priced using the spot price of metals, your order is binding and cannot be canceled. Should you fail to meet your obligation, whether purchasing from or selling to ahimanshu, you will forfeit any deposit made on the transaction.
Further, we may at our sole discretion redeem the products or reverse the wholesale order at then current market prices. You shall be responsible for any losses suffered by ahimanshu, all additional charges arising as a result of the redemption, and a single Redemption Fee may be charged. Any market gains at the time of redemption shall remain the sole property of ahimanshu.
7. STORING PRECIOUS METALS
You are solely responsible for the storage of your metals. We recommend you exercise caution and discretion when deciding on your method of storage. ahimanshu assumes no responsibility after good delivery of product(s) for any consequence resulting from storing your metals whether home delivered, with any custodian / facility, or through the use of professional storage services. Storage options available through ahimanshu are only available for bullion products sold by us.
8. NOTICE AND USE OF INTERNET FOR COMMUNICATION
Consistent with the terms of Registration and Privacy, you agree that we may rely on any instructions or communications from your account as authentic and coming directly from you.
By providing ahimanshu.com your email address, you consent to our using the email address provided by you to send you service-related notices, including any notice required by law, in lieu of written communication by postal mail. We may use your email address to send you other messages, including changes to ahimanshu.com features and special offers. You may also unsubscribe to certain email communications at any time.
You acknowledge that it is your responsibility to have reliable e-mail services and that our messages will be transmitted to you without interference and that you will not attempt to circumvent receipt of any communications. Therefore, we are entitled to rely on your receipt of messages from us; and that any future access of the ahimanshu.com website, ahimanshu products, services or contact with ahimanshu shall constitute acceptance of our most current terms. It is your responsibility to update us for any changes to your email and to ensure that any communications from us will be received by you.
9. CODE OF CONDUCT
Using the ahimanshu.com website or any of ahimanshu’s products or services, you agree not to: (a) restrict or inhibit any other visitor or member from using any ahimanshu.com product or service, including, without limitation, by means of “hacking” or “cracking” or defacing any portion of the ahimanshu.com website; (b) use the ahimanshu.com website or any ahimanshu.com product or service for any unlawful purpose; (c) express or imply that any statements you make are endorsed by us, without our prior written consent; (d) transmit (i) any content or information that violates any law or regulation or is fraudulent, threatening, harassing, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes on our or any third party’s intellectual property or other rights; (ii) any material, non-public information about companies without the authorization to do so; (iii) any trade secret of any third party; or (iv) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication (except as otherwise expressly permitted by us); (e) engage in spamming; (f) transmit any software or other materials that contain any virus, worm, time bomb, Trojan horse, or other harmful or disruptive component; (g) modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of any of the ahimanshu.com website; (h) remove any copyright, trademark, or other proprietary rights notices contained in the ahimanshu.com website; (i) “frame” or “mirror” any part of the ahimanshu.com web site without our prior written authorization; (j) use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of any ahimanshu.com product or service or its contents; (k) harvest or collect information about visitors to or members of ahimanshu.com without their express consent; (l) or permit anyone without an account or subscription to use any ahimanshu.com product or service through your subscription, user name or password. While using the ahimanshu.com website, or ahimanshu products or services you agree to comply with all applicable laws, rules and regulations.
10. INTELLECTUAL PROPERTY RIGHTS
All content contained on ahimanshu.com website or otherwise provided to you by ahimanshu such as text, graphics, logos, icons, images, articles, audio and video clips, digital downloads, data compilations, charts and software (collectively, “Content”), is our property or the property of our licensors or licensees, and the compilation of the Content on the Website is our exclusive property, protected by the India trademark and copyright laws. All software used on the ahimanshu.com website is our property or the property of our software suppliers and protected by India trademark and copyright laws.
Any trademarks, service marks, graphics, logos, page headers, icons, scripts and trade names (the “Marks”) contained on the ahimanshu.com website or otherwise used by ahimanshu are proprietary to us or our licensors or licensees. Our Marks may not be used in connection with any product or service that is not ours in any manner that is likely to cause confusion among users or that disparages or discredits us or anyone else. All other Marks not owned by us that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.
We grant you a limited license to access and make personal use of the ahimanshu.com website, Content and Marks pursuant to the terms of this Agreement. The ahimanshu.com website, all Content and the Marks may not be copied, reproduced, republished, downloaded (other than page caching), uploaded, posted, transmitted or distributed in any way, or sold, resold, visited, or otherwise exploited for any commercial purpose, except that you may download one (1) copy of the Content that we make available to you for such purposes on a single computer for your personal, noncommercial, home use only, provided that you: (a) keep intact all copyright, trademark and other proprietary rights notices; (b) do not modify any of the Content or Marks; (c) do not use any Content or Marks in a manner that suggests an association with any of our products, services or brands; and (d) do not download or save Content so as to avoid future downloads from the Website. Your use of Content or the Marks on any other website or computer environment is strictly prohibited.
The license granted to you does not include, and specifically excludes, any rights to: (a) resell or make any commercial use of the ahimanshu.com website, any Content or any of the Marks; (b) collect and use any product listings, descriptions, or prices used by ahimanshu; (c) make any derivative use of the ahimanshu.com website or Content; (d) download or copy account information for the benefit of anyone else other than yourself; or (e) use any form of data mining, robots, or similar data gathering and extraction tools. Any unauthorized use automatically terminates the license granted to you hereunder. You are granted a limited, revocable, and non-exclusive right to create a hyperlink only to our home page provided that the link does not portray us or our licensors or licensees, or their respective products or services, in a false, misleading, derogatory, or otherwise offensive matter. You may not use any of our or any such party’s intellectual property as part of the link without our and each such party’s express prior written consent.
11. ahimanshu REPRESENTATIONS, WARRANTIES, DISCLAIMERS AND LIMIT OF LIABILITY
ahimanshu is a precious metals dealer and publisher of information pertaining to monetary history, the global economy and the precious metals sector and is not a registered investment advisor or stock broker/dealer. Any information appearing on this website or in any other publication by ahimanshu is not an endorsement or recommendation of any company or product and no presentation is made, or advice given regarding the advisability of purchasing products from or investing in any company, product, service, newsletter, website, or purchasing or selling any security or product. Site users should always conduct their own research and due diligence to obtain professional advice before making any investment decisions. Companies, products, services, newsletters and websites referred to by, or in any communication from ahimanshu are for educational, informational and entertainment purposes only.
ahimanshu guarantees the quality, and condition, and authenticity of all its precious metals. ahimanshu does not, however, make any representations, recommendations, projections, warranties or guarantees of any kind, either expressed or implied, as to the performance of its precious metals with respect to future prices or any return on investment. ahimanshu 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 ahimanshu. ahimanshu explicitly urges to all its customers under its ‘Shipping Policy’ 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. ahimanshu 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, ahimanshu shall not be liable for any loss or damage to customer. If such loss is later reported and approved by Courier Company and Insurance Company the limit of liability shall be restricted to the amount paid by the courier company for such loss or damage in transit as per their terms and conditions and the same shall be binding upon the customer.
You agree that your access to and use of ahimanshu.com website and the Content available through ahimanshu.com is on an “as-is”, “as available” basis. ahimanshu and its subsidiaries, affiliates, shareholders, directors, officers, employees, agents, information providers and contributors and licensors (the “ahimanshu.com parties”) specifically disclaim any representation or warranty, express or implied, including, without limitation, any representation or warranty of merchantability, non-infringement or fitness for a particular purpose. Without limiting the foregoing, the ahimanshu.com parties do not warrant: that the content is accurate, reliable or correct; that the service will meet your requirements; that the service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the service is free of viruses or other harmful components. Your use of ahimanshu products or services, the materials on the ahimanshu.com website and any materials provided through the website are entirely at your own risk.
You acknowledge that the ahimanshu.com parties will not be liable (jointly or severally) to you or any other person as a result of your access or use of ahimanshu.com website or any ahimanshu products or services 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 any of the ahimanshu.com parties have 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 the ahimanshu.com parties 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 ahimanshu products or services. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
12. LINKS AND OTHER WEBSITES
You agree to indemnify, defend and hold ahimanshu 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, including any violation of the Code of Conduct above; (b) any allegation that any materials that you submit to us or transmit to our web sites infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or (c) your activities in connection with any ahimanshu products or services.
14. CONSENT TO ARBITRATION
It is the goal of ahimanshu to resolve any disagreement or dispute expeditiously. Therefore, you and ahimanshu hereby agree that the exclusive forum for the resolution of all disagreements and disputes is by arbitration through the Judicial Arbitration and Mediation Services.
15. GOVERNING LAW
This Agreement shall be governed by, and interpreted in accordance with the laws of the State of Maharashtra, without regard to conflict of laws or principles. Claims, if any, shall be subject to Mumbai Jurisdiction.
16. FORCE MAJEURE
If ahimanshu cannot perform any obligation hereunder as a result of any event that is beyond its control, including, but not limited to, acts of war, acts of terrorism, natural disasters, disruptions to shipping and distribution channels, ahimanshu’s delay or failure to perform such obligation shall be excused and ahimanshu shall not be liable for any damages as a result of, or in connection with, such delay or such failure.
18. ahimanshu RIGHTS AND REMEDIES; WAIVER
Upon your failure to comply with your obligations to ahimanshu, ahimanshu shall exercise all of its rights and remedies available, whether at law, in equity or otherwise, as set forth in this Agreement. Without limiting its rights and remedies, ahimanshu may, at its sole discretion, suspend, terminate or turn your account over to a collection agency or an attorney for appropriate legal action. Any delay or failure on the part of ahimanshu in exercising its right or remedy shall not constitute a waiver of that right or remedy and no single or partial exercise by ahimanshu of any right or remedy shall preclude other or further exercise of that right or remedy or the exercise of any other right or remedy.
19. OTHER LANGUAGE TRANSLATIONS
For Customer convenience, ahimanshu may have this Agreement translated in other languages, however the terms of this Agreement shall be binding according to its interpretation in the English language only. This Agreement in any language other than English is translated in good faith to be as accurate as possible but shall not be binding. Customer acknowledges and agrees that this agreement has been prepared in English, and therefore the English version shall prevail and be binding even though other language translations may also be prepared.
This Agreement is intended to be enforceable to the fullest extent permitted by applicable law. If any terms of this Agreement are held to be unenforceable for any reason, such unenforceability shall not affect the other terms of this Agreement and the terms that would otherwise be unenforceable shall be enforced to the fullest extent that it would be enforceable.
You may not assign this Agreement or any of your rights or your obligations under this Agreement without the prior written consent of ahimanshu, which may be granted or withheld by ahimanshu in its sole discretion. This Agreement shall be binding on all permitted assigns and successors of you and ahimanshu.
You or ahimanshu may terminate this Agreement, with or without cause, at any time by written notice to the other party. The termination shall not affect the rights or obligations of you and ahimanshu with respect to the period prior to termination.
This Agreement contains the final and entire agreement between you and ahimanshu regarding your use of ahimanshu.com website and all ahimanshu-managed products or services and supersedes all previous and contemporaneous verbal or written negotiations, understandings, or agreements between you and ahimanshu.