Terms and Conditions of Collector Membership
This document sets out the terms and conditions on which you may become a collector member of NGC India Numismatic Services Private Limited (“NGC India”).
By becoming a collector member of NGC India, you are entitled to access the websites [i.e., NGCcoin.in and PMGnotes.in] of NGC India and receive e-newsletters from NGC India (together, “Services”).
Services for authentication, grading and encapsulation (in the case of coins, tokens, medals, banknotes, and other collectibles) or and conservation (in the case of coins, tokens and medals) are provided by NGC India in India and by affiliated companies within the Certified Collectibles Group of companies (the “CCG Companies”) outside of India. The CCG Companies include, without limitation, Numismatic Guaranty Corporation (“NGC”), a Florida, USA, corporation; Numismatic Conservation Services, LLC (“NCS”), a Florida, USA, limited liability company; Paper Money Guaranty, LLC (“PMG”), a Florida, USA, limited liability company; Certified Guaranty Company, LLC (“CGC”), a Florida, USA, limited liability company; Classic Collectible Services, LLC (“CCS”), a Florida, USA, limited liability company; Authenticated Stamp Guaranty, LLC (“ASG”), a Florida, USA, limited liability company; and Collectibles Authentication Guaranty, LLC (“CAG”), a Florida, USA, limited liability company.
1.1 What these terms cover. These are the terms and conditions on which you become a collector member of NGC India.
1.2 Why you should read them. Please read these terms carefully before you apply to be a member. These terms tell you who we are, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 Who we are. We are NGC India Numismatic Services Private Limited , a company incorporated and registered in India. Our company identification number is U74995MH2019FTC324200 and our registered office is at 1, Lalani Aura, 34th Road, Bandra (West), Mumbai – 400050, Maharashtra, India.
2.2 How to contact us. You can contact us by writing to us at [email protected] or at 1, Lalani Aura, 34th Road, Bandra (West), Mumbai – 400050, Maharashtra, India.
2.3 How we may contact you. If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us in your application for membership.
2.4 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
OUR CONTRACT WITH YOU
3.1 How we will accept your application. Our acceptance of your application will take place when we email you to accept it, at which point a contract will come into existence between you and us.
3.2 If we cannot accept your application. If we are unable to accept your application, we will inform you of this in writing. This might be because of unexpected limits on our resources which we could not reasonably plan for or because you do not qualify for membership because, for example, you are under 18 years of age or because you are a dealer.
3.3 These terms only applicable to India. These terms are solely for collectors who wish to access the websites of NGC India (i.e., NGCcoin.in and PMGnotes.in) and/or receive e-newsletters from NGC India.
3.4 Age restriction. You must be 18 or over to be a member.
3.5 These terms not available to dealers or businesses. These terms are solely for consumers. Membership on these terms is not available to dealers or anyone else in the course of a business.
3.6 One membership per household. Membership on these terms is strictly limited to one membership per household.
3.7 Compliance with Procedures and Rules. As a member, you agree to be bound by and comply with the procedures and rules of the CCG Companies as the same may be prescribed by each CCG Company from time to time.
YOUR RIGHTS TO MAKE CHANGES
If you wish to make a change to your membership or to your application for membership, please contact us. We will let you know if the change is possible. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 9.2).
OUR RIGHTS TO MAKE CHANGES
5.1 Minor changes to your membership. We may change the terms of your membership:
(a) to reflect changes in relevant laws and regulatory requirements where those changes do not have a materially adverse effect on your membership; and
(b) to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not materially affect your membership..
5.2 More significant changes to your membership. If we decide that we need to make changes to your membership that would adversely affect you such as a material reduction in the benefits that you may enjoy as a member, we will notify you and you may then contact us to end the contract before the changes take effect.
6.1 When we will provide your membership. You will be eligible to enjoy the benefits of membership as soon as you have been notified that your application for membership has been accepted.
6.2 How long may I use your Services? You may use our Services for as long as you are a member and as long as your membership has not been suspended for any reason.
6.3 Reasons we may suspend your membership. We may have to suspend your membership to:
(a) deal with technical problems or make minor technical changes;
(b) update our Services to reflect changes in relevant laws and regulatory requirements;
(c) while we investigate any serious breach by you of these terms (see clause 11).
6.4 Your rights if we suspend your membership. We will contact you in advance to tell you we will be suspending your membership, unless the problem is urgent or an emergency.
7.2 NGC India. Subject to applicable local laws, NGC India provides its Services in India.
7.3 Responsibility for Services. Each CCG Company is a separate business and is independently responsible for the provision of its Services. Complaints or questions regarding Services requested through NGC India should be sent to NGC India.
8.1 Application of Guarantee. We provide both your membership and our Services under our contracts with you in accordance with the applicable guarantee (the “Guarantee”), which can be found at NGCcoin.in/Guarantee or PMGnotes.in/Guarantee. You should refer to the applicable Guarantee to understand the benefits and protections afforded to you as well as the applicable limitations.
8.2 Your Statutory Rights. Nothing in the Guarantee affects your statutory rights as a consumer and is provided in addition to your rights as a consumer.
YOUR RIGHTS TO END THE CONTRACT
9.1 You can always end your contract with us. Your rights when you end the contract will depend on the Services that you requested, whether the Services were faulty or misdescribed, and when you decide to end the contract;
(a) If the Services that were performed were faulty or misdescribed, you may have a legal right to end the contract, see clause 12;
(b) If you want to end the contract because of something we have done or have told you we are going to do, see clause 9.2;
9.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (d) below the contract will end immediately. The reasons are:
(a) we have told you about an upcoming change to your membership or these terms which you do not agree to (see clause 5.2);
(b) there is a risk that supply of our Services may be significantly delayed because of events outside our control;
(c) supply of our Services has been suspended for technical reasons, or we notify you that we are going to suspend them for technical reasons, in each case for a period of more than 90 days; or
(d) you have a legal right to end the contract because of something we have done wrong.
HOW TO END YOUR MEMBERSHIP WITH US
10.1 Tell us you want to end your membership. To end your membership with us, please let us know by doing one of the followings:
(a) Email. Email us at [email protected]. Please provide your name and email address.
(b) By post. Write to us at NGC India Numismatic Services Private Limited, 1, Lalani Aura, 34th Road, Bandra (West), Mumbai – 400050, Maharashtra, India, including details of your membership.
OUR RIGHTS TO END YOUR MEMBERSHIP
11.1 We may end your membership if you breach our terms. We may end your membership at any time by writing to you if:
(a) you do not comply with the terms and conditions applicable to Services which can be found on our website;
(b) you commit or we have reasonable grounds to believe that you have committed fraud, or any other offence involving deceit or dishonesty;
(c) you use or attempt to use our Services to deprive another member of his or her property;
(d) your conduct brings or threatens to bring us or our affiliates into disrepute or otherwise exposes or threatens to expose us or our affiliates to legal or regulatory action; or
(e) in our reasonable opinion you are not eligible for this membership because for example you are under 18 years of age or carrying on business as a dealer, or a person in your household is already a member.
11.2 We may withdraw your membership. We may write to you to let you know that NGC India is going to stop providing Services. In such an event we will let you know at least 28 days in advance.
12.1 We are under a legal duty to ensure that your membership is provided in conformity with this contract.
IF THERE IS A PROBLEM WITH YOUR MEMBERSHIP
How to tell us about problems. If you have any questions or complaints about your membership, please contact us using the contact information in clause 2.2.
OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
14.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen.
14.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; or for breach of your legal rights in relation to your membership.
14.3 We are not liable for business losses. We will have no liability to you for any loss of profit, loss of business, business interruption, loss of business opportunity or any indirect or consequential loss arising under or in connection with any contract between us where you are a business.
HOW WE MAY USE YOUR PERSONAL INFORMATION
OTHER IMPORTANT TERMS
16.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation at any time without your consent, but we will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
16.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
16.3 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
16.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
16.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us from taking steps against you at a later date.
16.6 Which laws apply to this contract and how to resolve a dispute. These terms are governed by or construed in accordance with the laws of India. In case of any dispute or differences arising out of or in connection with or relating to these terms, you and we both agree that such dispute shall be submitted to arbitration held in accordance with the provisions of the Arbitration and Conciliation Act, 1996, as may be amended from time to time. The arbitration shall be conducted by a sole arbitrator mutually appointed by both of us. The language of the arbitration shall be English and the venue of arbitration shall be Mumbai. Subject to the aforesaid, the Mumbai Courts will have exclusive jurisdiction.