Terms and Conditions

TERMS OF USE FOR END USER

KALASH

LAST UPDATED ON 28th May, 2024

Kalash, a website and mobile application (“Platform”) is owned and developed by SZ Savingtech Private Limited, a private limited company incorporated under the provisions of the Companies Act, 2013, with its registered office at HD-087, Wework Salarpuria Magnificia, Tin Factory, 78, Old Madras Road, Mahadevapura, Next to KR Puram Railway Station, Bangalore – 560 016 (“Kalash”, “Company” or “we”). These terms of use (“Terms of Use”, “these Terms” or the “Agreement”) constitute the agreement between yourself, being an end user of the Platform (“You”, “your” or “User”), and Kalash. This Agreement governs your access and use of this Platform and the Services and applies to all visitors, users and others who access the Platform and the Services. If you do not understand, or do not wish to be bound by these Terms or the terms and conditions of Augmont Gold (available at Terms & Conditions - Augmont Goldtech Pvt. Ltd.) (“Augmont Terms of Use”), you shall not be permitted to use the Platform and/or the Services. Kalash will not be liable for any consequences arising from your unauthorized use. Your use of the Platform and/or the Services (or continued use, as the case may be) indicates your acceptance of this Agreement, including any subsequent amendments made thereto.

This Agreement describes the terms on which you may access and use the Platform to purchase, sell or transfer gold in digital form from Augmont Goldtech Private Limited, a company incorporated under the laws of India with its registered address at Office No. 504, Fifth Floor, Trade Link, E Wing, Kamala Mills Compound, S.B. Marg, Lower Parel West, Mumbai 400 013 (“Augmont Gold”), by various means including by setting up Systematic Investment Plans (“SIPs”). You can also avail other services relating to the sale, delivery and repurchase of gold, along with services of safe keeping/vaulting and other gold related services from Augmont Gold. Kalash shall facilitate such transactions between you and Augmont Gold in accordance with these Terms of Use (“Services”). Further, Kalash may also run various promotional campaigns from time to time, wherein the Users can earn rewards in the form of cryptocurrency in accordance with these Terms of Use.

This document will be treated as an ‘electronic record’ as defined under the Information Technology Act, 2000 and the rules made thereunder. Further, these Terms of Use are published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. You hereby explicitly acknowledge that this electronic record is generated by a computer system and does not require any physical or digital signatures.

Before using the Services, you are also advised to read the Augmont Terms of Use which shall be read in conjunction with these Terms of Use. In the event of any inconsistency between the privacy policy (“Privacy Policy”), these Terms, and the Augmont Terms of Use, the Augmont Terms of Use shall prevail to the extent of aspects solely pertaining to the purchase and/or sale of gold/digital gold, as contemplated hereunder.

Nothing in this Agreement shall be deemed to confer any third-party rights or benefits. We may revise these Terms of Use or this Agreement at any time by amending this page and the terms hereof. The revised Terms of Use and/or Agreement shall be posted on the Platform, and you are expected to check this page from time to time to take notice of any changes we make, as they are binding on you. Some of these provisions may be superseded by provisions or notices published elsewhere on our Platform. All changes are effective as soon as we post them and by continuing to access the Platform and/or avail of the Services, you agree to be bound by the revised Terms of Use. Your use of the Platform is subject to the most current version of the Terms of Use posted on the Website at the time of such use.

ELIGIBILITY
1. You represent and warrant that You are competent and eligible to enter into a legally binding agreement, be bound by these Terms of Use, and are duly authorized to avail the Services and use the Platform. You shall not access or use the Platform if you are not competent to contract under the applicable laws, rules and regulations.
2. For accessing and using the Platform and its Services, You further represent that you are an Indian national having tax residency in India. You also represent and assure that you are not a tax resident of any other country.
3. We maintain the right to provide Services to only those Users who are: (i) competent to enter into legally binding contracts; (ii) have made the representations as provided above; (iii) and also qualify under the internal policy(ies) for the same as determined solely by us from time to time. We shall have the sole right to change, modify, add, or remove, in whole or in part, our internal policy(ies), in relation to the Platform and the provision of the Services at any time without any prior written notice or intimation to the Users. Further, we shall have the right to reject any requests from Users in relation to the same, without assigning any reason.
4. We shall have the right to choose not to process a transaction through the Platform, if We, in our sole discretion determine that such transaction undertaken by a User is not authorized by such User or that the transaction is not genuine or suspicious.
5. We will not be liable if, for any reason, our Platform or the Services (or any features within the Platform or the Services) are unavailable at any time or for any period.
6. If you represent a company, partnership firm or sole proprietorship, you shall be eligible to access the Platform and avail of the Services on its behalf only if you have been duly authorized by way of necessary corporate action, as may be prescribed statutorily and/or under the charter documents of such entity and further, if you have fulfilled such additional eligibility requirements as Kalash may require in connection therewith. You shall, promptly on demand furnish and provide to Kalash, copies of documents evidencing such authorization as aforesaid.
7. You must provide your full legal name, valid email address and any other information requested from you, from time to time, in order to complete the on-boarding process and be entitled to use the Platform and the Services. The information provided by you may be shared by us with any third party for undertaking Know Your Customer diligence and processes as may be mandated by partner banks or applicable law from time to time, providing the Services, record keeping purposes, internal procedures or for any other purposes. By using this Platform, you expressly consent to such sharing of the information provided by you.
8. Upon completing the on-boarding process, you will be provided with a username, password, or any other piece of information, as part of our security procedures. You must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any username or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of this Agreement. You will immediately notify Kalash of any unauthorized use of your password or username, by sending details of such unauthorized use to: support@kalashapp.com.
9. Kalash reserves the right to refuse access to use the Platform and the Services to new Users or to terminate Users at any time without according any reasons for doing so. Use of the Platform or availing of the Services is not available to any User who is suspended or prohibited by Kalash from using the Platform or the Services for any reason whatsoever.
REGISTRATION DETAILS AND ACCOUNT SECURITY
1. You can only access the Services once you are registered on the Platform. You must provide your full legal name, valid email address and any other information requested from you in order to complete the registration process including know your customer verification requirements as mandated under applicable law and be entitled to use the Services. We may also require you to provide certain personal and financial information, including your bank account details, credit card number, billing address and such other payment related details we may require to process your payments on the Platform. All such information will be collected and maintained as per the terms laid down in our privacy policy available at https://www.kalashapp.com/privacy-policy
2. Once you complete registration on the Platform, you will be a registered user which: (i) allows you to create SIPs for recurring investments, (ii) allows you to make use of the Services on the Platform, subject to these Terms of Use, and (iii) allows us to contact you in order to inform you of changes to these Terms or describing new services that we enable on the Platform.
3. In this regard, you agree:
  1. to provide accurate, current and complete information about you as may be prompted by any registration forms on Kalash ("Registration Details");
  2. to maintain and promptly update the Registration Details, and any other information you provide to Kalash, to keep it accurate, current and complete;
  3. that you are responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your password or account with or without your knowledge; and
  4. that any and all activities or operations emanating from your device and/or account shall be assumed to have been initiated by you.
4. You give us permission to use the information provided by you for the purpose of using the Platform or availing the Services, for any marketing or promotional campaigns undertaken by Kalash or any third party engaged by us, without any compensation to you. By providing your personal information, you hereby agree to receive all information, communications and instructions regarding the Platform and the Services or any special offers or promotional campaigns, in this regard.
5. If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Platform (or any portion thereof). Your access to and use of Platform, including any password access to Platform, may be changed, restricted or terminated by notice with immediate effect at any time and for any or no reason, at the sole discretion of Kalash, and we shall not be liable to you in any manner whatsoever for any such change, restriction or termination.
6. Further, you may not transfer your account to any other person and you may not use another person’s account at any time, unless you are representing an entity or organisation with due authorisation. In cases where you have authorized or registered another individual, including a minor, to use your account, you are fully responsible for (i) the online conduct of such user; (ii) controlling such user's access to and use of the Services; and (iii) the consequences of any misuse.
7. You, hereby agree and acknowledge that you may be held accountable for any losses incurred by Kalash or any other user of the Platform, due to the use of your account, whether authorised or unauthorised, as a result of your failure to keep your account secure.
USE OF PLATFORM
1. Subject to your compliance with these Terms of Use, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform for the limited purpose of availing the Services.
2. You acknowledge that any information provided to you/accessed by you by virtue of your access to the Platform or displayed on the Platform, is confidential and agree to not publish or distribute the same through any medium. You agree to use the Platform only: (a) for purposes that are permitted by the Terms of Use; and (b) in accordance with any applicable law, regulation or generally accepted practices or guidelines.
3. The Subscriber agrees that Kalash will accept all instructions originating from the account assigned to the User in good faith. All transaction initiated and instructions provided by the User on the Platform shall be considered genuine and bona fide. The User shall operate the account and avail of the Services in a manner consistent with reasonable and prudent security standards.
4. You, by accessing and/or registering on the Platform, expressly acknowledge and understand that Kalash is merely an ‘intermediary’ facilitating your purchase from and/or sale of digital gold to, Augmont Gold. Therefore, Kalash shall not incur any liability in connection with or arising out of the products and/or services offered by Augmont Gold or any interactions or transactions undertaken by you in this regard. You further expressly agree that we are not responsible for custody, quantity and quality of physical gold that you purchase through the Platform and hence we bear no liability in case of any dispute that arises in relation to the custody of physical gold with the custodian and trusteeship with Augmont Gold. By accessing or using the Platform, you signify that you have read, understood and agreed to be bound by these Terms of Use and the Augmont Terms of Use, whether or not you are a registered user of Kalash.
RESTRICTION ON USE OF PLATFORM
1. You are not permitted to and shall not do any of the following acts, the breach of which shall entitle Kalash to suspend and/or terminate your account, without prejudice to any other rights or remedies we may have against you:
  1. Distribute, sell, supply, modify, adapt, amend, incorporate, merge, licence, reproduce, create derivative works, transfer, sell or otherwise exploit any information, content, materials, software or Services available to you through the Platform;
  2. Attempt to decompile, reverse engineer or otherwise disassemble any information or software obtained from the Platform;
  3. Use any data mining, robot, spider, crawler, scraper, script, browser extension, offline reader, or other automated means or interface not authorized by us to access the Services, extract data, or otherwise interfere with or modify the rendering of Services pages or functionality;
  4. Use the Services for money laundering, terrorist financing, or other illicit finance;
  5. Infringe or violate the intellectual property rights or any other rights of others including by copying or attempting to pass off or infringe the copyright and intellectual property rights by misusing Personas or images owned by a third party without due authorisation;
  6. Use the Services in any manner that could interfere with, disrupt, negatively affect or inhibit other Users from fully enjoying the Services.
  7. Remove, from the Services or any content provided on the Platform, any logo, copyright or proprietary notices, legends, symbols, labels, watermarks, signatures or any other like marks affixed to or embedded in the Services;
  8. Use the Services or any part of it to create a false identity, to impersonate any person or organization, or attempt to disguise the origin of any content;
  9. Use Kalash’s domain name as a pseudonymous return email address;
  10. Access or use the Platform in any manner that could damage, disable, overburden, or impair any of the Platform’s servers or the networks connected to any of the servers on which the Platform is hosted;
  11. Access or attempt to access any content that you are not authorized to access by any means;
  12. Access the Platform through any other means other than through the interface that is provided by us;
  13. Alter or modify any part of the Services; and
  14. Disrupt or interfere with the security of, or otherwise cause harm to the Platform, materials, system resources, or gain unauthorized access to the user accounts, passwords, servers or networks connected to or accessible through the Platform or any affiliated linked sites.
KYC REQUIREMENTS
1. Before placing an order on the Platform, you are required to provide certain know your customer (“KYC”) documentation including but not limited to your Aadhar, PAN and bank account details, and any other information as may be required, in such form and manner as requested by us, in accordance with applicable law. We may request this information from you either at the time of registration on the Platform or at a later stage, as and when the need arises. You further agree to cooperate with Kalash in undertaking the verification of the KYC and undertake such actions as instructed by Kalash from time to time.

1. You agree and authorize Kalash to use your KYC for the purchase of any products or availing of any Services facilitated by Kalash through the Platform or its branches from time to time without requiring any further consent from you with regard to such usage.

PLACING OF ORDERS
1. Purchases on the Platform can be made either: (i) through SIPs; or (ii) on a pre-payment basis:
2. SIPs:
 1. You can start an SIP by logging in to your account, clicking on the SIP link and filling in a simple form specifying your choices and submitting the said form. Upon successfully submission of your SIP application, you will get a confirmation SMS/email from Augmont Gold.
 2. You can start your SIP with the minimum amount of Rs. 51/- per month and invest in multiples of Rs. 1000/- thereafter.
 3. You may also opt to make additional purchases in the existing SIP and the purchased products shall be added to the SIP quantity for the tenure of your SIP. The duration of your SIP can range from 1 to 10 years.
 4. You can choose the SIP date cycle from the four options viz. 5th /12th /19th /26th day of every month. For instance, if you submit the SIP application on October 7th and select the SIP cycle date as 12th of each month, then the SIP will initiate on October 12th. However, if you choose the SIP cycle date as 5th of each month, then the SIP start date will be November 5th.
 5. Please note that you cannot change the amount of SIP, duration and cycle date once the request is submitted. In order to change the foregoing, you will have to terminate the existing SIP and register a new one. There are no charges currently for registering a new SIP in the manner stated herein.
 6. The frequency of buying shall be once per month. So, if you choose an SIP amount of Rs. 1000/- per month, Rs. 1000/- is utilized for purchasing the gold/silver.
 7. You can request for termination of your existing SIP by contacting support@kalashapp.com. SIP will be terminated only upon the completion of the current SIP cycle month, i.e., if you had selected 5th day of every month as your SIP cycle date and your SIP is active; if you decide to exit the SIP on the 10th day of the month, the cycle will continue till 4th day of the next month and then terminate.
 8. At the end of the SIP tenure or on the early termination of the SIP, you may sell the gold/silver at the market price displayed on the Platform. Alternatively, you can request for termination of your account with us in which case the gold and silver shall get sold at the market rate and the proceeds shall be remitted to your bank account.
 9. Please note that you may not sell the gold/silver under the SIP but you may request the delivery of the gold and silver accumulated during the tenure of your SIP. Alternately, you may sell the gold and silver under the SIP at the end of the tenure of the SIP.
 10. In case you miss your monthly SIP instalment, you will be given a grace period of 60 days to make your payment. However, if you do not transfer sufficient funds into your account within the grace period, then your SIP may be treated as ’defaulted’ and your SIP shall be irreversibly terminated.
 11. You acknowledge and understand that SIPs are neither a financial product nor a deposit scheme but a disciplined method of accumulating gold/silver. Kalash offers no investment advice or any assured returns while promoting the SIP.
3. PRE-PAYMENT:
 1. You can also place a one-time order for purchase of gold/silver. Once you place your order, confirm your purchase and agree to the Terms of Use (“Your Order”), the Platform will notify Augmont Gold.
 2. Once the payments are received by Augmont Gold and the KYC information is found acceptable, Augmont Gold shall issue an invoice to you confirming Your Order, within a period of 1 day of placing such order. Notwithstanding anything to the contrary contained in these Terms of Use, Kalash and/or Augmont Gold shall be entitled to accept or reject Your Order, for any reason whatsoever, at its sole and exclusive discretion.
 3. Please note that once Your Order has been placed, you do not have the right to cancel Your Order. Notwithstanding the forgoing, Your Order shall stand cancelled, in case your payment fails for any reason whatsoever.
 4. The Platform and/or Augmont Gold reserves the right to cancel Your Order, at its sole discretion, if any information provided by you, prior to placing Your Order, is not found acceptable and the Platform and/or Augmont Gold are of the opinion that you are not eligible to purchase gold from Augmont Gold.
 5. In case of rejection of Your Order, where payments have already been received by Augmont Gold, such payments shall be returned to you in accordance with these Terms of Use or the Augmont Terms of Use, as applicable.
 6. The gold purchased by you shall be stored by Augmont Gold with a Custodian in a vault on your behalf. You hereby authorize Augmont Gold to store such physical gold products purchased by you pursuant to Your Order, in the secured vault maintained by the Custodian on your behalf (“Your Gold”). It is clarified that Kalash shall be a mere facilitator in this regard and shall have no liability towards the same.
 7. It is hereby clarified that your purchase of the physical gold corresponding to Your Order shall be deemed to be completed and title in relation thereto shall be deemed to have been passed to you upon such relevant portion of Your Gold being stored in the vault with the Custodian on your behalf in accordance with the Augmont Terms of Use, subject to applicable laws.
 8. You will be provided with free storage for your Gold for 5 (five) years, or for such period as more particularly stipulated by Augmont Gold, from time to time, at its sole discretion and notified to you on the Platform (“Free Storage Period”). After the expiry of the Free Storage Period, Augmont Gold shall be entitled to levy storage charges for Your Gold at such rate as would be specified on the Platform, and which may be revised from time to time. The charges would be levied by deducting the customer advance balance charges at the end of each month by a percentage amount at the specified rate. You are advised to periodically check the Platform to understand these storage charges.
 9. In the event that Augmont Gold is not able to deduct the storage charges because your customer advance balance is too low, then Augmont Gold shall be entitled to sell such portion of gold/silver stored with the Custodian in the designated vault that is necessary or required to recover the unpaid storage charges in question.
 10. It is recommended reviewing the Augmont Terms of Use accessed at Terms & Conditions - Augmont Goldtech Pvt. Ltd. to fully understand the terms of the custodian arrangement, prior to making any investments.
BILLING AND PAYMENT
1. Except where noted otherwise, the price displayed on the Platform, represents the market linked price of the gold/silver as indicated by Augmont Gold. Market linked prices means that these quotes are linked to the prices of gold in the commercial bullion market in India. However, it does not indicate that the gold prices displayed on the Platform will always be same as that of the prevalent prices displayed in other commercial bullion markets. As a purchaser, it is your responsibility to compare the prices and take appropriate decisions after adequate diligence.
2. Notwithstanding the foregoing, you understand that these prices may vary multiple times within a day, and accordingly your payment obligations for Your Order will depend on the prices displayed at the relevant time of purchase.
3. Payment policy: Payment will be accepted through the payment options made available on the Platform, which may include redirection to payment gateways and aggregators hosted by third-party website or applications including UPI payments like Cashfree and ICICI Bank Payment gateway. Please also note that taxes may be charged, on your purchase, fulfilment, sale and/or transfer of gold/silver, as per applicable laws.
4. However, please note that the payment terms, delivery, warranty and cancellation and refund policy are subject to the Augmont Terms of Use which can be accessed at Terms & Conditions - Augmont Goldtech Pvt. Ltd.
5. Your transactions on the Platform will be completed only after the money has been successfully transferred to Augmont’s Gold’s bank account from your registered bank account. Please note that the corresponding gold/silver quantity will be credited to your Account maintained with Augmont Gold, within 2 days from the date of successful transfer of such amount to Augmont Gold’s bank account.
DELIVERY
1. We may request you to provide your address and/or any other documents/information/ biometric identification, from time to time, in order to enable Augmont Gold to deliver Your Gold to you.
2. You are required to take delivery of Your Gold within 10 (ten) years or such maximum period as shall be specified for this purpose by Augmont Gold from time to time on its platform (“Maximum Storage Period”).
3. Deliveries are made only to the registered address provided by you. Please keep proof of identity ready at the time of delivery as it may be required for verification by the courier partner. If no one is available at the registered address to take delivery, delivery will be attempted at least once more after which the package will be returned to the vault and your balance will be credited back with the corresponding grams of gold. Shipping charges will be payable as and when you ask for delivery.
4. You will be required to verify that the package you are accepting has not been tampered with and is of acceptable quality. Once delivery has been taken by you, returns and refunds are not possible. In the unlikely event of any issues, feel free to contact us, we will investigate the matter to resolve any concerns or issues.
5. In the event that no valid address has been provided by you during the Maximum Storage Period, then Augmont Gold shall for a period 1 (one) year commencing from the date of expiry of Maximum Storage Period (such period being the “Grace Period”) attempt to contact you using the contact information provided by you on the Platform to obtain either; (i) an address to which we can deliver the gold/silver in question; or (ii) your bank account details into which sale proceeds of Your Gold can be deposited.
6. In the event that Augmont Gold have been unable to contact you during the Grace Period or if you have failed to take delivery of the physical gold in question for any reason whosoever, then upon expiry of the Grace Period, Augmont Gold shall be entitled to purchase Your Gold with the purchase price being the applicable prevailing price displayed on the Platform.
7. The purchase proceeds realized from such sale of Your Gold on Augmont Gold’s platform (“Final Sale Proceeds”) after deducting any amounts payable to Augmont Gold as storage charges after the Free Storage Period, shall be deposited into a bank account operated by the Custodian who shall be the sole signatory to such bank account.
8. In the event that you notify either, us, Augmont Gold and/or the Custodian that you are claiming the applicable Final Sale Proceeds, within a period of 3 (three) years commencing from the date of expiry of the applicable Grace Period (such period being the “Final Claim Period”), the Custodian shall issue suitable instructions to transfer the Final Sale Proceeds to your bank account as communicated. Please note that to claim the Final Sale Proceeds you will be required to provide details of a valid bank account and that the Final Sale Proceeds will not be transferred in the absence of such details.
REFUND POLICY
1. Please note that once you have confirmed an order for purchase or sale, refunds or cancellation is not possible. All orders are final upon your confirmation.
SECURITY
1. We have implemented commercially reasonable technical and organizational measures designed to secure your information from accidental loss and from unauthorized access, use, alteration, or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your information for improper purposes. You acknowledge that you provide your information at your own risk.
2. Kalash will not be liable in case of any fraudulent/ improper/ unauthorized/ duplicate/ erroneous use of the User’s account. Kalash will not be liable for any direct or indirect consequences connected with the use/ misuse of User’s web/ mobile/ e-mail account by any third party. If any third parties gain access to the Services, the User will be responsible and shall indemnify Kalash against any liability, costs or damages arising out of such misuse / use by third parties based upon or relating to such access and use, or otherwise.
FRAUDULENT TRANSACTIONS
1. The User should take care not to share their login credentials, mobile wallet details, personal UPI pin or OTP (“Payment Information”) with any third party intentionally or unintentionally. Kalash never solicits Payment Information over a call or otherwise. Kalash and/or the relevant Payment Gateway Partner(s) or Kalash Partners shall not be liable for any fraud due to the sharing of such details.
2. In the event that an individual’s payment information and/or payment instrument is fraudulently utilised to purchase product(s) on the Platform (“Fraudulent Transaction”) from Kalash and/or Augmont Gold, then Kalash may share relevant information of such transaction if the victim approaches Kalash via proper channels including Kalash’s customer support number and email (support@kalashapp.com), along with supporting documentation from the relevant public authority or Cyber Cell.
3. In the event that Kalash and/or the payment gateway partner(s) have flagged any transaction on the User’s account as suspicious as per their internal guidelines, or where it is found that a User has utilised payment information or a payment instrument in an unauthorised or fraudulent manner to purchase product(s) or undertake any other transaction on the Platform (“Fraudulent User”), Kalash, Augmont Gold and/or the Payment Gateway Partner(s) shall be entitled to:
  1. request further KYC information or other documentation from the Fraudulent User to verify the flagged transaction;
  2. pending further verification, block such Fraudulent User, and/or freeze any accounts associated with them;
  3. at its discretion reverse any such Fraudulent Transaction, to the extent possible, including the sale of any Product(s) purchased by such Fraudulent User, at the prevailing rate;
  4. provide information on such Fraudulent User, along with any other transaction details, to the relevant authorities.
4. In the event of a Fraudulent Transaction as aforesaid, Kalash shall make a reasonable effort to assist the victim in recovering their funds, subject to supporting evidence and documentation being provided upon request. Kalash or Augmont Gold shall be entitled to transfer the victim’s funds, less any payment gateway charges that are not refunded to the relevant Payment Gateway Partner(s).
5. However, it is clarified that Kalash shall not obligated to reverse any transaction where the Fraudulent User has already sold the product(s) purchased through the Fraudulent Transaction, and received the funds against such sale; or where the Fraudulent User has chosen to take delivery of the product(s) so purchased.
6. In the event of occurrence of any such Fraudulent Transactions, Augmont Gold may take such steps as may be set out in the Augmont Gold Terms of Use which can be accessed at Terms & Conditions - Augmont Goldtech Pvt. Ltd.
SUSPENSION / CLOSURE OF CUSTOMER’S ACCOUNT
1. Kalash may, at its discretion, suspend any User account, if there appears to be a fraudulent or suspicious activity in the User account. If Kalash is of the opinion that any User is involved in any unlawful activity or the User account is used for any unlawful purpose, Kalash shall have the right to take all actions available to it, including black-listing or blocking such User from using the Services on its Platform or blocking the said User’s access to the Services through the Platform or intimating the relevant authorities of such unlawful activities. Kalash shall take these actions in good faith and shall bear no liability in this regard.
2. Kalash shall not be held 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 it.
3. The User shall inform Kalash immediately, in any case no later than 10 (Ten) Business Days of the transaction, of any irregularities or discrepancies that may exist in the User account, failing which it shall be deemed that there is no error or discrepancy in the said account. All records maintained by Kalash, in electronic or documentary form of the instructions of the Customer and such other details (including, but not limited to payments made or received) pursuant to the Terms and Conditions, shall as against the User, be deemed to be conclusive evidence of such instructions.
CAMPAIGNS AND CONTESTS

1. Kalash may from time to time, run customer campaigns, contests and reward programs at varying intervals to increase user engagement and promote the Services facilitated through the Platform (“Campaigns”).
2. Subject always to applicable law, Users may win rewards in the form of cryptocurrency and blockchain based products, which shall be a fixed percentage of the quantum of investments undertaken by the Users through the Platform, from time to time (“Rewards”). The Rewards may be stored by the User on a password protected and encrypted all blockchain crypto currency wallet operated by Kalash, and may be withdrawn by the User at any point in time. The availing of the Campaign and the Rewards shall be at the sole risk and reward of the User. The offering of the Campaign does not in any manner, way or form constitute a guarantee or warranty of the legality or value of the Rewards and Kalash hereby disclaims all liability in connection therewith.
3. Kalash reserves exclusive rights to change the terms of the Campaigns at any time, even during the contest period.

USER’S OBLIGATIONS
1. You hereby represent and warrant that:
  1. You will always act in good faith and in accordance with all extant laws and customs;
  2. All payment are made from your bank account (primary holder’s bank account in case of Investment Account is held jointly), and are from a legitimate source and remitted through approved banking channels;
  3. Before making any purchases, you shall seek independent financial planning, legal, accounting, tax or other professional advice, if required;
  4. You have read the offer documents and schemes of Augmont Gold (including the Augmont Terms of Use) and have made an informed independent investment decision before investing;
  5. You will not sell, trade, or otherwise transfer your registered account to another party or impersonate any other person for the purposing of creating an account with the Platform.
  6. You agree and acknowledge and confirm that you solely, and to the exclusion of Kalash, are liable for all liabilities that may arise on acts of omission or commission attributable to you and Kalash shall bear no liability in this regard.
  7. Without limiting the generality of any other provision of these Terms of Use, you hereby agree and understand that you shall be liable for all losses and damages incurred by the Platform, Kalash and our partners or licensors, as a result of your default in the obligations set forth in these Terms of Use.
INTELLECTUAL PROPERTY
1. The Platform and all information, content, materials, products including, but not limited to text, content, photographs, graphics, texts, video and audio content and computer code (“Content”) on the Platform is owned and controlled by Kalash and the design, structure, selection and feel and arrangement of the Content is protected by copyright, patent and trademark laws and other applicable intellectual property rights either in the favour of Kalash or third parties from whom the appropriate permissions have been taken under applicable laws by Kalash.
2. The trademarks, logos and service marks displayed on the Platform (“Marks”) are the property of Kalash and its affiliates or other respective third parties, as the case may be. You are not permitted to use the Marks without the express prior written consent of Kalash or the third party that owns the Marks, as the case may be. Further, You understand and accept that all information, except Your personal information and other data submitted by You for the purposes of transacting on the Platform, through the Platform shall be deemed the property of Kalash, and Kalash shall be free to use any ideas, concepts, know-how or techniques provided by You on the Platform, in any manner whatsoever. On initiating a contact or query through the Platform, You agree to be contacted by Kalash or any other entities with whom Kalash has entered into an arrangement for the provisions of Services to You.
SECURITY
1. Notwithstanding our efforts to ensure that the Platform is secure, you acknowledge that all electronic and telephonic data transfers are potentially susceptible to interception by others. We cannot, and do not, warrant that data transfers utilizing the Platform will not be monitored or read by others.
2. We may issue instructions from time to time intended to ensure the security of the Platform. You hereby agree to comply with those instructions. For example, we may, for security reasons require you to re-authenticate yourself from time to time, for example after a period of inactivity on the connection between your browser and the Platform.
3. We are not responsible for any information you may lose if we terminate your browser session due to prolonged periods of inactivity between your browser and the Platform.
4. You are absolutely prohibited from violating or attempting to violate the security of the Platform, including, without limitation:
  1. Accessing data not intended for you or logging onto a server or an account which you are not authorized to access;
  2. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
  3. Attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus to the Platform, overloading, 'flooding,' 'spamming', 'mail bombing' or 'crashing;'
  4. Attempting to misappropriate, hack and/or steal any Rewards held by other Users;
  5. Sending unsolicited email, including promotions and/or advertising of products or services.
5. Violations of system or network security may result in civil or criminal liability under applicable laws. We may investigate occurrences that may involve such violations and may involve, and co-operate with the law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Platform or any activity being conducted on this Platform. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Platform other than the search engine and search agents available on this Platform and the generally available third party web browsers .
DISCLAIMERS AND LIMITATION OF LIABILITY
1. You hereby agree and acknowledge that the data and information provided on the Platform does not constitute advice of any nature whatsoever and shall not be relied upon by You while making investment decisions and You shall be solely responsible for any investment decisions and for the purchase of any products through the Platform. There are no representations and warranties, whether express or implied, made by Kalash regarding the accuracy and/or quality of any information transmitted and/or products/Services obtained through the use of the Services, features and facilities. In no event shall Kalash be liable to You for any loss or damage that may cause or arise from or in relation to these Terms and Conditions and/or due to use of this Platform or due to investments made using this Platform.

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1. Kalash and Augmont Gold do not guarantee any returns on any transaction consummated with respect to the Services to You, either directly or indirectly. You shall be solely responsible for undertaking appropriate and effective due diligence and related analysis before undertaking any transactions pursuant to these Terms and Conditions. You further acknowledge and agree that Kalash, Augmont Gold and their respective officers, directors, employees, agents and affiliates will have no liability for Your purchase or other decisions using the Platform.
2. The content and functionality on the Platform is provided with the understanding that Kalash is not herein engaged in itself in the sale and purchase of digital gold. Kalash is a facilitator between Augmont Gold and the Users and shall not in any manner way or form be liable for the transaction or payments undertaken through the Platform.
3. Kalash cannot and does not guarantee the timings of any payments made or received as such timing is dependent upon banking systems, card issuing bank/ card processor (where a credit/ debit card is used), acquiring financial institution, card network and other service providers. Kalash assumes no liability and shall not be held responsible for any delays in delivery of payment or availability of funds when using the Platform or the Services.
4. You expressly understand and agree that, to the maximum extent permitted by applicable law, the Platform and Services are provided by Kalash on an “as is/where-is” basis without any warranty of any kind, express, implied, statutory or otherwise, including the implied warranties of title, non-infringement, merchantability, reliability or fitness for a particular purpose. The Platform may contain errors or inaccuracies that could cause failures, corruption or loss of data and/or information from Your device and/or any device used by You to connect to the Platform as well as from peripherals (including, without limitation, servers and computers) connected to any of the above-mentioned devices. You assume all risks and costs associated with Your use of the Platform and accessing the Platform Services and Services, including without limitation, any costs incurred for the use of Your device and any damage to any equipment, software or data. No oral or written information or advice given by Kalash, through the Platform, or its authorized representatives shall create a warranty nor in any way increase the scope of this warranty. The User acknowledges that use of the Services is at his sole risk.
5. Further, without limiting the foregoing, Kalash makes no warranty that (i) the Platform or Services will meet Your requirements, or Your use of the Platform will be uninterrupted, timely, secure or error-free; (ii) the results obtained from the use of the Platform will be effective, accurate or reliable; (iii) any errors or defects in the Platform will be corrected by Kalash. No advice or information, whether oral or written, obtained by You from Kalash shall create any warranty not expressly stated in these Terms and Conditions.
6. Kalash will have no liability related to any user Content arising under intellectual property rights, libel, privacy, publicity, obscenity or other applicable laws. Kalash will not incur any liability with respect to the misuse, loss, modification or unavailability of any user Content.
7. Kalash shall not be responsible for the delay or inability to use the Platform or related functionalities, the provision of or failure to provide functionalities, or for any information, software, functionalities and related graphics obtained through the Platform, or otherwise arising out of the use of the Platform, whether based on contract, tort, negligence, strict liability or otherwise.
8. Further, Kalash shall not be held responsible for non-availability of the Platform during periodic maintenance operations or any unplanned suspension of access to the Platform that may occur due to technical reasons or for any reason beyond Kalash’s control. You understand and agree that any material or data downloaded or otherwise obtained through the Platform is done entirely at Your own discretion and risk, and that You will be solely responsible for any damage to Your computer systems or loss of data that results from the download of such material or data.
9. You acknowledge that the software and hardware underlying the Platform as well as other software which are required for accessing the Platform are the legal property of the respective vendors. The permission given by Kalash to access the Platform will not convey any proprietary or ownership rights in the above software/hardware to You.
10. Neither Kalash nor its Partners shall not be liable for any unauthorized credit/debit card, or any other payment instrument that is being used for making any transaction on the Platform and shall have no liability either to the true holder of any credit/debit card or the payment instrument or to the concerned bank for any unauthorized/fraudulent use of the credit/debit card or the payment instrument. In no event shall Kalash be held liable to the true holder of the payment instrument or to the concerned bank for processing and fulfilling its obligations upon realization of purchase amount towards such fraudulent transaction.
11. Neither Kalash nor its partners will not be liable for any damages of any kind arising from the use of the Platform or from any information, content, materials, products (including software) or services included on or otherwise made available to you through the Platform, including, but not limited to direct, indirect, incidental, punitive, and consequential damages (including loss of revenue or investments) even if advised of the possibility of the same.

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INDEMNITY
1. You agree to indemnify Kalash, its partners, affiliates, their respective directors, officers and employees from any and all direct and indirect losses, damages, penalties, claims, costs and demands (including reasonable attorney fees and legal costs) arising out of breach or non-performance and/or non-observance of the duties and obligations, representations, warranties and covenants under the Terms and Conditions or due to Your acts or omissions. You further agree to hold Kalash, its partners, affiliates, their respective directors, officers and employees harmless against any claims made by any third party due to, or arising out of, or in connection with, Your use of the Platform, any misrepresentation with respect to the data or information provided by You, Your violation of the Terms and Conditions, or Your violation of any rights of another, including any intellectual property rights.

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THIRD PARTY LINKS
1. Kalash is not responsible for the services on third party sites linked from the Platform and Kalash urges You to read the terms of use of the respective third-party sites, before accessing or registering with any of such third-party sites. Further, Kalash does not make any warranties and expressly disclaims all warranties express or implied, including without limitation, those of merchantability and fitness for a particular purpose, title or non-infringement with respect to any information or services or products that are available or advertised or sold through these third-party websites.

1. We shall not mediate or attempt to get involved in and resolve any disputes or disagreements inter se between You and third party/ies.

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FORCE MAJEURE
1. Kalash shall not be liable for failure or error of any transaction on the Platform or for any failure on part of Kalash to perform any of its obligations under these Terms and Conditions if performance is prevented, hindered or delayed by a Force Majeure event (as defined below) and in such case its obligations under these Terms and Conditions shall be suspended for so long as the Force Majeure event continues. The term “Force Majeure Event” means any event which occurred and is beyond the control of Kalash, including without limitations, unavailability of any communication systems, breach, or virus in the processes or payment or delivery mechanism, sabotage, fire, flood, explosion, acts of god, civil commotion, pandemic, strikes or industrial action of any kind, riots, insurrection, war, acts of government, computer hacking, unauthorised access to computer data and storage devices, computer crashes, malfunctioning in the computer terminal or the systems getting affected by any malicious, destructive or corrupting code or program, mechanical or technical errors/failures or power shut down, faults or failures in telecommunication etc.

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1. Kalash and Augmont Gold shall be discharged from such performance to the extent of and during the period of such Force Majeure Event, and such non-performance of its obligations shall, in no event whatsoever, amount of a breach of its obligations.

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SUSPENSION AND TERMINATION
1. The Terms and Conditions will continue to apply until terminated by either You or Kalash for reasons set forth below. If You object to the Terms and Conditions or are dissatisfied with the Platform, Your only recourse is to (i) close Your registered account on the Platform; and/or (ii) stop accessing the Platform. In case you violate these Terms and Conditions and/ or any applicable law, Kalash may, at any time and in its sole discretion, terminate Your Account and/or prevent You from accessing the Platform and the Services. Kalash may delist You or block Your future access to the Platform or suspend or terminate your registered account if it believes, in its sole and absolute discretion that You have infringed, breached, violated, abused, or unethically manipulated or exploited any term of these Terms and Conditions.

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1. Notwithstanding anything in this clause, these Terms and Conditions will survive indefinitely unless and until Kalash chooses to terminate or modify them. If You or Kalash terminate Your use of the Platform, Kalash may delete any information or other materials relating to Your account and shall have no liability to You or any third party for doing so. However, Your transactions details may be preserved by Kalash for purposes of tax or regulatory compliance. Kalash may modify or amend these Terms and Conditions at any time.

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GOVERNING LAWS
1. The Terms of Use shall be governed and construed in accordance with the laws of India without reference to conflict of laws principles.

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DISPUTES
1. With respect to any dispute regarding the Platform or the Services, the courts at Bangalore, India shall have exclusive jurisdiction to deal with such disputes.

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COMMUNICATIONS
1. You hereby expressly agree to receive communication (including transactional messages) or by way of SMS and/or e-mail or through WhatsApp from Kalash or any third party in connection with the Services or Your registration on the Platform. You can unsubscribe/ opt-out from receiving communications through e-mail anytime by writing to [●].

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GRIEVANCES
1. We are committed to resolving all disputes in a fair, effective and cost-efficient manner. We seek to resolve any User concerns through our Grievance cell.
2. All Grievances related to the use of Platform shall be addressed to Mr. Angad Sandhu (Grievance Officer). Please write us on support@kalashapp.com. The Grievance Officer will get back to the User within 3 working days of the receipt of any complaint from You.
3. Every grievance will be provided with a complaint or ticket number which can used to track the status of the grievance. Redressal or closure of a grievance might take approximately one month from the date of receipt of complaint.

‍ GENERAL PROVISIONS 1. ASSIGNMENT. Usage of the Platform is for your limited personal purpose and is not transferable or assignable. However, Kalash reserves its rights to assign or transfer or subcontract its obligations or rights to its successors, affiliates, associates, or any entity through contractual understanding or by operation of law or acquiring all or substantially all the assets of Kalash. 2. NOTICE. Any notice in connection with these Terms of Use must be in writing and sent via registered post to the address first mentioned hereinabove or by e-mail to support@kalashapp.com. 3. INDEPENDENT CONTRACTOR. These Terms of Use are on a principal-to-principal basis and nothing herein contained shall be construed or interpreted as constituting a User hereto the agent, employee, or representative of Kalash, under any circumstance. 4. WAIVER. A Party’s failure to exercise any of its rights hereunder shall not constitute or be deemed a waiver or forfeiture of any such rights unless given in writing. 5. SEVERABILITY. If any terms contained in these Terms of Use are held to be invalid or unenforceable, the validity of the remaining provisions shall not be affected and the remainder of Terms of Use shall continue to be valid and binding on the parties.

QUERIES Please contact us at support@kalashapp.com to report any violations of these Terms of Use or to pose any questions regarding these Terms of Use.