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.
The online platform – www.onepercent..fisdom.com (“One Percent by Fisdom 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 One Percent by Fisdom shall be subject to this Terms and Conditions.
The Services provided by One Percent by Fisdom through the Platform shall collectively be referred to as (“Services”) for the purpose of this T&C.
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 One Percent by Fisdom’s 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 One Percent by Fisdom.
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 One Percent by Fisdom 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.
- One Percent by Fisdom 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 One Percent by Fisdom in the manner provided hereunder of any change in your situation and/or personal information and/or profile and One Percent by Fisdom would rely on the most recent information provided by you.
- One Percent by Fisdom has the sole authority and right to reject Your request to open an account with One Percent by Fisdom. One Percent by Fisdom may at its discretion choose to disclose or not disclose the reason for not opening such account. One Percent by Fisdom 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 One Percent by Fisdom (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 One Percent by Fisdom 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 ONE PERCENT BY FISDOM
- All intellectual property in or of the Platform belongs to or is licensed to One Percent by Fisdom. One Percent by Fisdom 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 One Percent by Fisdom’s 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 One Percent by Fisdom, as may be applicable. Any unauthorized use of the Platform shall terminate the permission or revoke the license granted by One Percent by Fisdom herein.
6. THIRD PARTY MATERIAL AND SERVICES
One Percent by Fisdom 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 One Percent by Fisdom 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.
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 One Percent by Fisdom, 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
One Percent by Fisdom 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 One Percent by Fisdom and are subject to change / amendment / modification from time to time. One Percent by Fisdom 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 One Percent by Fisdom is subject to payment of applicable requisite fee as intimated or mentioned to You by One Percent by Fisdom. One Percent by Fisdom has the right to amend the applicable fee from time to time at its sole discretion. The Fee payable by the User(s) to One Percent by Fisdom irrespective of utilization/cancellation in part or in whole of the Services shall be non-refundable.
You agree to indemnify, save, and hold One Percent by Fisdom, 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, One Percent by Fisdom, 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 One Percent by Fisdom Platform; or (iv) any other interactions with One Percent by Fisdom, 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
One Percent by Fisdom 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 One Percent by Fisdom 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. One Percent by Fisdom reserves the right to suspend or cease providing the Platform and shall have no liability or responsibility to you in any manner whatsoever if One Percent by Fisdom chooses to do so except as prescribed under applicable law.
One Percent by Fisdom 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 One Percent by Fisdom 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 One Percent by Fisdom to you via the above-mentioned modes are upon the request and authorization from You.
Except as otherwise set forth herein, notice to One Percent by Fisdom must be sent by courier or registered email to
One Percent by Fisdom does not guarantee that electronic communications will be successfully delivered, or that they will be secure and virus free. One Percent by Fisdom 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 One Percent by Fisdom’s reasonable control. All correspondence will be in English.
You agree to be contacted by One Percent by Fisdom 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 One Percent by Fisdom. You agree to take steps to deregister from the DND list and shall not hold One Percent by Fisdom 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.
The failure of One Percent by Fisdom 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 One Percent by Fisdom.
You can reach out to One Percent by Fisdom at +919642596425 or
to raise any questions, complaints, grievances or feedback.