Nomination
Clause 9
After creating your account on the Platform, you must nominate a person (“nominee”) to receive the balance in your Wallet in the event of your death. Your nominee must be above the age of legal majority in their country of residence. In case your nominee dies before you, you must choose a new nominee within 30 (thirty) days. Your nominee will have the responsibility of notifying us about your death via email to thesocialcomments@gmail.com. This notification should be made within thirty (30) days of your death and must be accompanied by your death certificate or any other relevant proof of death, your nominee’s proof of identity, and your nominee’s bank account details.
If your nominee notifies us about your death within thirty (30) days of your death, we will transfer the total amount due (defined in the succeeding sub-clause) to your nominee’s bank account within forty-five (45) days. However, if your nominee notifies us about your death after the expiry of thirty (30) days, it may take us up to six (6) months from the date of notification to transfer the total amount due to your nominee’s bank account. If your nominee dies after notifying us under clause 9.1, we will nonetheless transfer the total amount due to your nominee’s bank account only.
The total amount due shall be the balance in your Wallet on the day we receive the notification of your death from your nominee, or the notification of your and your nominee’s death from your legal heir, as the case may be. Please note that your Wallet will not reflect, and your nominee/legal heir will not be entitled to, any payments under any of the Policies, Programs, Guidelines, and/or Agreements of the Platform which become due after the day on which we receive the notification from your nominee/your legal heir, or which became due earlier but were not reflected in the Wallet on the aforementioned date. However, we may, at our discretion, include all or a portion of such payments in the total amount due. The total amount due shall not include, and your nominee or legal heir shall not be entitled to, any interest or mesne profits on the balance in your Wallet.
If your nominee dies before notifying us about your death under clause 9.1, your legal heir can claim the total amount due by notifying us about your death and the death of your nominee via email to thesocialcomments@gmail.com. This notification must be accompanied by your death certificate or any other relevant proof of death, your nominee’s death certificate or any other relevant proof of death, your legal heir’s proof of identity, a valid Succession Certificate, and your legal heir’s bank account details.
If your legal heir notifies us about your and your nominee’s death within thirty (30) days of your nominee’s death, we will transfer the total amount due to your legal heir’s bank account within forty-five (45) days of receiving the signed undertaking. However, if your legal heir notifies us after the expiry of thirty (30) days, it may take us up to six (6) months from the date of receiving the undertaking to transfer the total amount due to your legal heir’s bank account. In case your nominee dies before you and you also die before you can change your nominee, the period of thirty (30) days in this sub-clause shall be counted from the date of your death.
You hereby agree and acknowledge that no person or entity claiming under or through you (including, without limitation, the nominee of the bank account linked with your Wallet on the Platform and any of your legal heirs or successors) will have any legal claim against Social Comment, or any claim on the total amount due, once the total amount due has been paid by Social Comment either to your nominee or legal heir in accordance with this clause.
Notwithstanding anything to the contrary contained in these Terms, we shall close your account once we have paid the total amount due to your nominee or legal heir in accordance with this clause. This closure will have the same effect as a termination of your account under clause 11 of these Terms. In addition, we reserve the right to terminate your account in accordance with clause 11 of these Terms if you do not log into your account for a period of seven (7) years and we do not receive any communication from your nominee or legal heir under this clause or if your our nominee or legal heir fails to complete any of the procedures or submit any of the documents required under this clause within a period of six (6) months from your death.
Your nominee or legal heir shall have the sole responsibility for paying all applicable taxes cess, liabilities or charges payable to the Government or any other authority or body (including, without limitation income tax) on the total amount due which is transferred to their bank account by Social Comment. Under no circumstances (including, without limitation, where your nominee or legal heir only pays a part of the applicable tax) shall Social Comment be required to pay any tax on the behalf of your nominee or legal heir with respect to the total amount due (or part thereof) which is transferred to their bank account by Social Comment.
In case your nominee or legal heir disagrees with our determination of the total amount due, they can send Social Comment an email at thesocialcomment@gmail.com listing their objection with appropriate proof at the earliest. Social Comment shall review their objections and take all appropriate steps within a reasonable amount of time.
For the purposes of clause 9.2, your nominee shall be said to have notified us only if they include all the required documents and/or attachments mentioned in clause 9.1 with their notification. For the purposes of clause 9.5, your legal heir shall be said to have notified us only if they include all the required documents and/or attachments mentioned in clause 9.4 with their notification.
If your nominee or legal heir is unable to obtain any of the documents and/or attachments required under clauses 9.1 or 9.4, they can contact us at thesocialcomments@gmail.com with the reasons for their inability to obtain the required documents and/or attachments. We will review these reasons and may, at our discretion and on a case-to-case basis, provide an alternative mechanism for your nominee or legal heir to receive the total amount due.