THIS DOCUMENT IS AN ELECTRONIC RECORD IN TERMS OF THE INFORMATION TECHNOLOGY ACT, 2000 AND RULES THEREUNDER AS APPLICABLE AND THE PROVISIONS PERTAINING TO ELECTRONIC RECORDS IN VARIOUS STATUTES AS AMENDED BY THE INFORMATION TECHNOLOGY ACT, 2000. THIS ELECTRONIC RECORD IS GENERATED BY A COMPUTER SYSTEM AND DOES NOT REQUIRE ANY PHYSICAL OR DIGITAL SIGNATURES.
THIS DOCUMENT IS PUBLISHED IN ACCORDANCE WITH THE PROVISIONS OF RULE 3 (1) (A) OF THE INFORMATION TECHNOLOGY (INTERMEDIARY GUIDELINES AND DIGITAL MEDIA ETHICS CODE) RULES, 2021 AND RULE 4 OF THE (INDIAN) INFORMATION TECHNOLOGY (REASONABLE SECURITY PRACTICES AND PROCEDURES AND SENSITIVE PERSONAL DATA OR INFORMATION) RULES, 2011 FRAMED UNDER THE (INDIAN) INFORMATION TECHNOLOGY ACT, 2000 (AS AMENDED FROM TIME TO TIME) THAT REQUIRES PUBLISHING THE RULES AND REGULATIONS, PRIVACY POLICY AND TERMS OF USE FOR ACCESS OR USAGE OF THE PLATFORM.
The online platform – www.onepercent..fisdom.com (“Fisdom Academy Website”), and the iOS and Android mobile application – (“App”) is owned and operated by Finwizard Technology Services Private Limited, a private limited company incorporated under the Companies Act, 2013 with its registered office at Queens Paradise, 1st Floor, Curve Road Shivajinagar, Bangalore- 560052, Karnataka, India (“Fisdom”). The App and the Website its sub-domains and other sites/ apps/ other channels maintained by Fisdom to enable the Services (defined below) shall be collectively referred to hereinafter as the (“Platform”).The services offered by Fisdom Academy shall be subject to this Terms and Conditions.
The Services provided by Fisdom Academy through the Platform shall collectively be referred to as (“Services”) for the purpose of this T&C.
1. ELIGIBILITY
You represent and warrant that you (a) are at least 18 years old. In the event you are under the age of 18 years, you represent and warrant that you have the requisite consent from your legal guardians and are availing the services under their supervision; (b) are competent to form a binding contract under the Indian Contract Act, 1872; (c) have not previously been suspended or removed from using Fisdom Academy Services and/or the Platform or any part thereof.
2. YOUR ACCOUNT
If you wish to use or browse through the Platform, you are required to maintain an account on the Platform (“Account”) and you will be required to furnish certain information and details, including your name, email id, contact number, financial information, and any other information deemed necessary by Fisdom Academy.
However, the Website also allows limited access to the Services for Unregistered Users (also called as 'Guest Users'). Such users will be able to browse the Website (as applicable).
You further understand that you are responsible for maintaining the confidentiality and security of your Account including log-in details and the password. You agree to accept responsibility for all activities that occur through your Account. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform Fisdom Academy immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorized manner.
You represent and warrant that all information, data and documents provide by you (a) for creating of the Account; and/or (b) through your Account are true, correct, accurate and up to date. In the event of any change, you agree to update the details on the Account in a prompt and swift manner. You further represent and warrant that at the time of making any new Account, you do not currently have an existing account on the Platform.
3. USE OF PLATFORM
- You will be allowed to avail or use the services through the Platform only when You complete the registration process required from our end in accordance with the applicable laws and the guidelines from time to time.
- You shall not use the Platform for any commercial purpose not expressly authorized by Us.
- Fisdom Academy shall not be responsible for any delay or failure in processing any request whatsoever resulting from infrastructure issues like server downtime, network unavailability and connectivity issues.
- You shall notify Fisdom Academy in the manner provided hereunder of any change in your situation and/or personal information and/or profile and Fisdom Academy would rely on the most recent information provided by you.
- Fisdom Academy has the sole authority and right to reject Your request to open an account with Fisdom Academy. Fisdom Academy may at its discretion choose to disclose or not disclose the reason for not opening such account. Fisdom Academy may also reject / suspend / freeze Your request to open or operate Your account on directions received from regulatory or government bodies and statutory authorities.
- You hereby consent to record Your telephonic conversations with the customer support department of Fisdom Academy (managed by itself or through any outsourced vendor) for quality control, record retention purposes, and other similar purposes.
- You hereby declare that the payment made through the Fisdom Academy Platform shall be through a legitimate source/ bank account only and the said transactions do not contravene any act, rules, regulations, notifications or directives of the provisions of the Income Tax Act, Anti Money Laundering laws, Anti-Corruption Laws or any other applicable laws from time to time.
4. PROHIBITED USES
You shall not use or access the Platform or any Service to host, display, upload, modify, publish, transmit, store, update or share any information that:
- belongs to another person and to which the user does not have any right;
- is defamatory, obscene, pornographic, paedophilic, invasive of another’s privacy, including bodily privacy, insulting or harassing on the basis of gender, libellous, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force;
- is harmful to child;
- infringes any patent, trademark, copyright or other proprietary rights;
- violates any law for the time being in force;
- deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact;
- impersonates another person;
- threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign States, or public order, or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting other nation;
- contains software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource;
- is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person;
5. LICENSE BY FISDOM ACADEMY
- All intellectual property in or of the Platform belongs to or is licensed to Fisdom Academy. Fisdom Academy grants you a limited, non-transferable and revocable license to access and use the Platform or any part thereof for availing the Services, but not to download any material from it (other than page caching) or modify it, or any portion of it for commercial use. Any unauthorized access to the Platform (or any part thereof) or any networks, servers or computer systems connected to the Platform and any attempt to modify, adapt, translate or reverse engineer any part of the Platform or re-format or frame any portion of the pages of the Platform is not permitted without Fisdom Academy express written consent.
- This license is non-transferable and does not permit any resale or commercial use of this Platform or its contents; any downloading or copying of account information for the benefit of anyone other than your use; or any use of data mining, robots, or similar data gathering and extraction tools.
- The Platform or any portion of the Platform (including but not limited to any copyrighted material, trademarks, or other proprietary information) may not be reproduced, duplicated, copied, sold, resold, visited, distributed or otherwise exploited for any commercial purpose without express written consent of Fisdom Academy, as may be applicable. Any unauthorized use of the Platform shall terminate the permission or revoke the license granted by Fisdom Academy herein.
6. THIRD PARTY MATERIAL AND SERVICES
Fisdom Academy may provide you links to third party services (“Third Party Services”) and may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”). You acknowledge and agree that Fisdom Academy is providing the Third Party Materials on an “as is” basis and is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third-Party Materials or Third-Party Services. ONE PERCENT BY FISDOM DOES NOT WARRANT OR ENDORSE AND DOES NOT ASSUME AND WILL NOT HAVE ANY LIABILITY OR RESPONSIBILITY TO YOU OR ANY OTHER PERSON FOR ANY THIRD-PARTY SERVICES, THIRD PARTY MATERIALS OR WEB SITES, OR FOR ANY OTHER MATERIALS, PRODUCTS, OR SERVICES OF THIRD PARTIES.
7. DISCLAIMERS
TO THE MAXIMUM EXTENT PERMITTED BY LAW, One Percent by Fisdom, its affiliated companies, subsidiaries, officers, directors, employees or any related party disclaim any liability to you or to any third party for any indirect, incidental, special or consequential damages, including without limitation loss of investments, revenue or profits or any other pecuniary or non-pecuniary loss or damage of any nature whatsoever) howsoever arising.
TO THE MAXIMUM EXTENT PERMITTED UNDER LAW, you waive, release, discharge and hold harmless Fisdom Academy, its affiliated and subsidiary companies, and each of their directors, officers, employees, and agents, from any and all claims, losses, damages, liabilities, expenses and causes of action arising out of your use of the Platform and/or Services.
8. PROMOTIONS, DISCOUNTS, COUPONS AND FEES
Fisdom Academy reserves the right to offer the discounts/promotional offers to any Users of its own choice and shall not be held liable to any User for not offering the same. The discounts/offers have been made available at the sole discretion of Fisdom Academy and are subject to change / amendment / modification from time to time. Fisdom Academy at its sole discretion may at any time discontinue the discounts/offers without assigning any reasons or without any prior intimation whatsoever. The participation in discounts/offers is entirely voluntary and it is understood, that the participation by the User shall be deemed to have been made on a voluntary basis.
The provision of Services by Fisdom Academy is subject to payment of applicable requisite fee as intimated or mentioned to You by Fisdom Academy. Fisdom Academy has the right to amend the applicable fee from time to time at its sole discretion. The Fee payable by the User(s) to Fisdom Academy irrespective of utilization/cancellation in part or in whole of the Services shall be non-refundable.
9. INDEMNITY
You agree to indemnify, save, and hold Fisdom Academy, its affiliates, contractors, employees, officers, directors, agents and its third party associates, licensors, and partners harmless from any and all claims, demands, losses, damages, and liabilities, costs and expenses, including without limitation legal fees and expenses, arising out of or related to your use or misuse of the Services or of the Platform, any violation by you of these terms, or any breach of the representations, warranties, and covenants made by you herein or your infringement of any intellectual property or other right of any person or entity, or as a result of any threatening, libellous, obscene, harassing or offensive material posted/ transmitted by you on the Platform.
10. LIMITATION OF LIABILITY AND DAMAGES
In no event, Fisdom Academy, its directors, employees, agents will be liable to You or any third party for any damages, liabilities, losses, and causes of action arising out of or relating to: (i) this T&C; (ii) use of or access to the Platform; or (iii) Your use or inability to use the Services provided through Fisdom Academy Platform; or (iv) any other interactions with Fisdom Academy, or (v) any action or omission caused by any other third party, however caused and whether arising in contract, tort including negligence, warranty or otherwise, beyond or in excess of INR 5000, or the amount required as per regulatory guidelines.
11. SUSPENSION OF ACCESS
Fisdom Academy may choose to stop providing one or more services through the Platform and may terminate access to or use of the Platform at any time without any notice. Other than where Fisdom Academy informs you otherwise, upon any termination, (a) the rights and licenses granted to you under these terms will end; (b) your Account shall be suspended; and (c) you must stop using the Platform. Fisdom Academy reserves the right to suspend or cease providing the Platform and shall have no liability or responsibility to you in any manner whatsoever if Fisdom Academy chooses to do so except as prescribed under applicable law.
12. AMENDMENT
Fisdom Academy reserves the right to change, modify, add, or remove portions of any terms and conditions including this T&C, specific terms and conditions applicable to each business verticals, privacy policy and disclaimers displayed on our Platform from time to time (“Terms”) (each, a change and collectively, Changes). The revised Terms with the Changes shall be made available on the Platform and we will provide a notice (i.e. email or popup or similar notification)... The Changes will become effective, on a going-forward basis with respect to Your continued use of the Platform or availing the Services or when a payment transaction is initiated by You through the Platform after the posting date. If You do not agree with any such change, Your sole and exclusive remedy is to terminate Your use of the Platform and the Service. For certain changes, Fisdom Academy may be required under applicable law to give You advance notice, and Fisdom Academy will comply with such requirements. Your continued use of the Platform following the posting of changes will mean that You accept and agree to the Changes.
13. PRIVACY
Fisdom Academy will collect, store and disclose your information in accordance with the Privacy Policy available at the Website.
14. NOTICE
Fisdom Academy may provide You with notices and communications by e-mail, SMS, push notifications, regular mail or postings on the Platform or voice call or internet-based messaging applications like WhatsApp or by any other reasonable means based on the details provided by You. In case of any change in any details provided by You including but not limited to email id and/or mobile number and/or correspondence address, you shall inform Fisdom Academy in writing in advance in the prescribed format to carry out the necessary changes in its records.
You hereby unconditionally consent that such communications sent by Fisdom Academy to you via the above-mentioned modes are upon the request and authorization from You.
Except as otherwise set forth herein, notice to Fisdom Academy must be sent by courier or registered email to
fisdomacademy@fisdom.com
.
Fisdom Academy does not guarantee that electronic communications will be successfully delivered, or that they will be secure and virus free. Fisdom Academy shall not be liable for any loss, damage, expense, harm or inconvenience caused as a result of an electronic communication being lost, delayed, intercepted, corrupted or otherwise altered or for failing to be delivered for any reason beyond Fisdom Academy's reasonable control. All correspondence will be in English.
You agree to be contacted by Fisdom Academy and its representatives over phone or on registered email id with reference to the Services. You agrees & confirm that if your mobile number is registered in the Do Not Disturb (DND) list of TRAI, you may not receive SMS or calls from Fisdom Academy. You agree to take steps to deregister from the DND list and shall not hold Fisdom Academy liable for non-receipt of SMS or calls in the interim period.
15. GOVERNING LAW AND JURISDICTION
Your use of this Platform, Services and any terms and conditions stated in this T&C or other service specific terms and conditions shall be subject to the laws of India. In case of any disputes arising out of the use of the Platform, Services or any part thereof, You hereby agree that the Courts of Bangalore, India will have exclusive jurisdiction.
16. WAIVER
The failure of Fisdom Academy to exercise or enforce any right or provision under this T&C and other applicable Terms will not constitute a waiver of such right or provision. Any waiver shall be effective only if in writing and signed by Fisdom Academy.
17. GRIEVANCES
You can reach out to Fisdom Academy at +919642596425 or fisdomacademy@fisdom.com
to raise any questions, complaints, grievances or feedback.
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