These terms of use (“Terms”) mandate the terms on which the users (“You” or “Your”) can access the mobile application ‘1 Finance’ or website "https://1finance.co.in/" and its sub domains (collectively referred to as the “Application”) operated and managed by 1 Finance Private Limited (“1 Finance” or “We” or “Us”) a company duly incorporated under the laws of India, having corporate identification number U67100GJ2021PTC126723 and registered office at Marwadi Financial Plaza, Nana Mava Road, Off. 150 Feet Ring Road, Rajkot-360 001 and corporate office at Unit No. 1101 & 1102, 11th Floor, B – Wing, Lotus Corporate Park, Goregaon (E), Mumbai-400 063.
1 Finance is SEBI Registered Investment Adviser, having registration number SEBI RIA Registration No: INA000017523. BSE Enlistment No: 1936, and provides Advisory and other services to the users through the Application. 1 Finance is committed to operating its applications with the highest ethical standards and appropriate internal controls.
This is an electronic record in terms of the Information Technology Act, 2000 and the rules made thereunder and the amended provisions pertaining to electronic document/records in various statutes as amended by the Information Technology Act, 2000 and it does not require any physical, electronic or digital signatures.
1. Acceptance of Terms
Please read these Terms carefully before accessing or using the application. These Terms constitute a legally binding agreement between you and 1 Finance. By accessing, browsing, or using the Application in any manner, you acknowledge that you have read, understood, and agreed to be bound by these Terms, including any amendments made from time to time.
If you do not agree with any part of these Terms, you should not access or use the Application and must refrain from creating or operating any account on it.
2. Account Registration, Consent, and Responsibilities
By registering on the “Application”, you gain access to the services offered by 1 Finance.
Eligibility
To access and use the Advisory services available on the Application, you must:
- Be at least 18 years of age and legally competent to enter into a binding contract under applicable Indian laws, including the Indian Contract Act, 1872.
- Immediately discontinue use of the Application if you do not meet the above eligibility criteria.
Onboarding Requirements
You agree to complete the following required procedures on the Application before receiving the Financial Advisory and other services from 1 Finance:
- Risk profiling as per applicable regulations and internal policies.
- Know Your Customer (KYC) process, in accordance with guidelines issued by SEBI or any other regulatory authority from time to time.
- Execution of the Investment Advisory Agreement in the manner prescribed by 1 Finance.
Consent and Data Usage
You explicitly consent to:
- The recording of your communications and interactions with representatives of 1 Finance, in compliance with SEBI regulations.
- The retention of your personal data and interaction history for the duration of your engagement with 1 Finance and for a period of five (5) years following the deletion of your account, as required under applicable laws and SEBI regulations.
- Authorize 1 Finance to retrieve your credit information from any credit bureau for the purpose of risk assessment.
Account Security and Accuracy of Information
- You are solely responsible for maintaining the confidentiality of your account credentials. You must promptly notify 1 Finance of any unauthorized access or breach of your account. 1 Finance shall not be held liable for any loss or damage resulting from your failure to comply with this obligation.
- You confirm that all personal, financial, and other information provided by you to 1 Finance or its representatives is true, accurate, complete, and up to date. If there are any changes in your contact details or other relevant information, you must update your account profile. 1 Finance will rely on the most recent information submitted by you.
Client Acknowledgement and Responsibility
- When you become a client for availing financial advisory services, you acknowledge and agree that all investment decisions made by you are based on your own independent analysis and evaluation of the associated risks and benefits, notwithstanding any services, advice, or recommendations provided by 1 Finance.
- You further understand and accept that:
- There is no guarantee of returns, avoidance of losses, or achievement of investment objectives.
- Investment decisions may be subject to market risk, tax implications, technical errors, or changes in the regulatory environment.
- 1 Finance shall not be liable for any errors in judgment, or for any loss or damage incurred by you in connection with the services provided by 1 Finance.
Communication Consent
- You authorize 1 Finance and its employees, partners, and representatives to contact you via phone, email, WhatsApp, SMS, or other electronic means for matters relating to your registration, financial advisory services and other service-related updates.
- This consent overrides any DNC/NDNC registrations, and you agree to take necessary steps to deregister yourself from DND lists to enable communication from 1 Finance. You will not hold 1 Finance liable for any non-receipt of messages due to DND restrictions.
- You may at any time opt out of such communications by writing to care@1finance.co.in.
3. Use of the Application and Availment of Services
By accessing and using the Application, you acknowledge that all software, hardware, systems, and related components that support the functioning of the Application are the proprietary property of 1 Finance or its authorized third-party service providers.
You agree not to use the Application in any manner that:
- Damages, disables, disrupts, impairs, or otherwise interferes with the proper functioning of the Application;
- Affects or infringes upon the rights, usage, or enjoyment of the Application by other users;
- Violates any applicable law or regulation.
You further agree not to:
- Remove, alter, or obscure any copyright, trademark, proprietary, or legal notices embedded in or accompanying any content or material downloaded or accessed through the Application;
- Engage in any unauthorized access, use, copying, reproduction, distribution, modification, or derivative use of the Application or any of its content or source code.
1 Finance reserves the right, at its sole and absolute discretion, to refuse to create an account for any person, and is under no obligation to provide any services to any user, regardless of registration on the Application. 1 Finance may, at its sole discretion, suspend, terminate, or restrict your access to the Application or deactivate your registered account, without prior notice, if it believes that you have:
- Violated or breached any provision of these Terms;
- Engaged in any unethical, manipulative, fraudulent, or abusive use of the Application or its services;
- Acted in a manner that harms 1 Finance’s reputation, systems, or other users.
- Acted in a manner that 1 Finance, in its sole discretion, deems inappropriate or unacceptable.
4. Third-Party Services
1 Finance, or certain third-party service providers integrated within the Application, may not be able to offer all products or services to every user. The availability and eligibility for such services may be determined solely by the respective third-party provider or by 1 Finance, at its discretion.
You acknowledge and agree that:
- 1 Finance is not responsible for the availability, content, or quality of any products, services, or information offered on third-party websites or platforms that may be linked to or accessible through the Application.
- 1 Finance strongly advises you to review and understand these terms, privacy policy, and other applicable policies of any such third-party websites before engaging with or registering on them.
1 Finance does not make any representations or warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, title, or non-infringement, in respect of any products, services, or information provided or advertised by third-party providers through or linked from the Application.
You expressly acknowledge and agree that:
- Any interaction, communication, engagement, or transaction you undertake with any third-party provider in connection with their products or services is solely between you and such third-party provider.
- Such engagement is independent of 1 Finance, and 1 Finance shall not be responsible or liable for any direct, indirect, incidental, consequential, or other claims, losses, damages, costs, or expenses incurred by you or by any third party in connection with such dealings.
1 Finance disclaims all responsibility and liability arising out of or related to your use of or reliance on any third-party services, and does not warrant, endorse, or guarantee any products or services advertised or offered by such third-party providers.
You agree to use your own judgment and exercise appropriate caution before entering into any transaction with a third-party provider.
5. Payment Terms
1 Finance reserves the right to levy fees for access to and use of the Application and/or for any services provided through it, as specified within the Application or in the relevant service documentation. The applicable fee structure may be revised by 1 Finance at its sole discretion from time to time.
All charges once paid are non-transferable and non-refundable, unless otherwise specified by 1 Finance in writing.
You further agree that any payment made through the Application shall be made only from your own bank account, and you shall not use any third party’s account for such transactions. 1 Finance shall not be liable for any delay or failure in processing payments due to incorrect or unauthorized payment sources.
6. Refund Policy
The refund / cancellation policy of 1 Finance shall be guided by the terms of individual agreement entered into with clients of 1 Finance.
7. Disclaimer
You expressly acknowledge and agree that your use of the Application and the services provided through it is at your sole risk.
1 Finance makes no representations or warranties of any kind, express or implied, regarding the uninterrupted, timely, secure, or error-free operation of the Application or the accuracy, reliability, or completeness of any content or information provided. 1 Finance does not guarantee that any defects will be corrected or that the Application, its servers, or any content available through the Application are free of viruses, malware, or other harmful components.
Accessing or using the Application, downloading any material, or relying on any information is done entirely at your own discretion and risk. 1 Finance shall not be liable for any loss or damage to your data, device, or systems arising out of such access or use, including but not limited to any infection by computer viruses or other harmful elements.
Investments in financial products are subject to market risks. You are advised to read all relevant offer documents, risk disclosures, and scheme-related information carefully before making any investment decisions. Past performance is not indicative of future returns, and 1 Finance does not guarantee any specific investment outcome.
8. Limitation of Liability, Indemnity, and Warranty
To the maximum extent permitted under applicable law, in no event shall 1 Finance, or any of its directors, officers, employees, affiliates, partners, agents, or service providers, be liable for any direct, indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to loss of profits, data, revenue, goodwill, or other intangible losses, arising out of or in connection with:
- Your access to or use of (or inability to access or use) the Application;
- Any decision made or action taken based on the information or services available on the Application;
- Your reliance on any third-party products, services, or content accessed through the Application.
You agree to fully indemnify, defend, and hold harmless 1 Finance and its directors, officers, employees, affiliates, partners, and service providers from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or in connection with:
- Your use or misuse of the Application;
- Your violation of these Terms;
- Your breach of any applicable laws, regulations, or third-party rights;
- Any negligent act, fraud, omission, or misconduct on your part.
You further acknowledge and agree that you shall be solely responsible for all financial or non-financial decisions made by you based on any content, services, or recommendations made available by 1 Finance. 1 Finance shall have no liability whatsoever for any loss or damage resulting from such decisions.
To the fullest extent permitted by law, 1 Finance disclaims all representations and warranties, whether express, implied, or statutory, including, but not limited to, warranties of merchantability, fitness for a particular purpose, title, and non-infringement. No oral or written information or advice provided by 1 Finance or its representatives shall create any warranty not expressly stated in these Terms.
9. Confidentiality
In the course of your relationship with 1 Finance and while using the services provided through the Application, you may receive or gain access to certain non-public, proprietary, and confidential information relating to 1 Finance and its services (“Confidential Information”). Such Confidential Information may include, but is not limited to: service features and functionality, trade secrets, technical know-how, business processes, inventions, algorithms, schematics, software architecture and design, source or object code, testing methodologies, and other intellectual property.
You agree and acknowledge that:
- All Confidential Information remains the exclusive property of 1 Finance.
- You shall not disclose, reproduce, disseminate, or use any Confidential Information for any purpose other than as necessary to use the services as permitted under these Terms, without the prior written consent of 1 Finance.
- You shall take all reasonable measures to maintain the confidentiality of such information and to prevent its unauthorized use or disclosure.
- Your obligation of confidentiality shall survive the termination of your relationship with 1 Finance and your use of the Application.
The obligations of confidentiality shall not apply to information that:
- Becomes publicly available without any breach of these Terms by you;
- Is independently developed by you without reference to or use of the Confidential Information;
- Is disclosed pursuant to a legal obligation or order by a court or regulatory authority, provided that you give prompt notice to 1 Finance to seek appropriate protective measures.
10. Dispute and Complaint Resolution
At 1 Finance, we are committed to resolving client concerns in a fair, transparent, and cost-effective manner, in accordance with the SEBI (Investment Advisers) Regulations, 2013 and applicable SEBI circulars.
Grievance Redressal Mechanism:
If you have any concerns or complaints regarding the Application or the services provided by 1 Finance, you may raise a complaint with our designated Grievance Redressal Officer at:
Email: grievance@1finance.co.in.
Phone: +91-22- 69121150
The Grievance Redressal Officer shall acknowledge receipt of the complaint within 7 working days and endeavour to address the complaint within 21 days from the date of receipt.
If your grievance remains unresolved or you are not satisfied with the resolution provided by us, you may escalate the matter to:
- SEBI SCORES Platform: You may lodge your complaint on the SEBI Complaint Redress System (SCORES) at https://scores.gov.in.
- SEBI also provides an option to resolve complaints through Online Dispute Resolution (ODR) mechanisms as and when notified.
Arbitration (Optional Clause for Non-Regulatory Disputes):
In the event of any dispute not covered by SEBI’s grievance redressal framework, such dispute may be referred to arbitration, to be conducted in accordance with the provisions of the Arbitration and Conciliation Act, 1996, by a sole arbitrator appointed by 1 Finance. The place of arbitration shall be Mumbai, and the language of arbitration shall be English. The arbitral award shall be final and binding on both parties.
11. Force Majeure
1 Finance shall not be held liable for any delay, failure, or interruption in the performance of its obligations under these Terms, including the failure of any transaction on the Application, if such delay or failure is caused by a Force Majeure Event. In such circumstances, the obligations of 1 Finance shall be deemed suspended for the duration of the Force Majeure Event.
For the purposes of this clause, a "Force Majeure Event" refers to any event or circumstance that is beyond the reasonable control of 1 Finance, including but not limited to:
- Acts of God, natural disasters (such as floods, earthquakes, storms), fires, or explosions;
- War, terrorism, armed conflict, insurrection, civil unrest, or riots;
- Pandemic, epidemic, or quarantine restrictions;
- Strikes, lockouts, labour disputes, or other industrial disturbances;
- Acts, orders, or interventions of governmental, regulatory, or judicial authorities;
- Breakdown or unavailability of communication networks, internet services, or payment systems;
- Breach, malware, virus, cyberattack, or unauthorized access affecting systems or services;
- Technical failures including computer crashes, software or hardware malfunction, power outages, or any other infrastructure failure;
- Sabotage or forceful disruptions affecting systems, personnel, or facilities.
During the continuance of a Force Majeure Event, 1 Finance shall be excused from the performance of its affected obligations and such non-performance shall not be considered a breach of these Terms. 1 Finance shall resume performance of its obligations as soon as reasonably practicable once the Force Majeure Event ceases.
12. Intellectual Property Use and Protection
All trademarks, logos, service marks, content, and materials featured on our website, including its design, structure, and compilation, are the exclusive intellectual property of 1 Finance, its affiliates, agents, subsidiaries, or authorized third-party advertisers. Unless otherwise specified, you may not copy, download, print, or use any content from our website for commercial purposes. Additionally, you may not distribute, transmit, modify, display, publish, or sell any of the materials, nor remove any copyright, trademark, or proprietary notices.
For permission to use any content featured on our website, please contact us at care@1finance.co.in.
13. Modifications to Terms
1 Finance reserves the right to update or modify these Terms at any time. Any changes will take effect immediately upon posting the revised Terms on the application. By continuing to use the application after such updates, you acknowledge and agree to the changes. If you do not agree with the modifications, your only remedy is to discontinue your use of the application. Access to or use of the application and services is contingent upon your compliance with the most current version of these Terms, which will be available within the application.
14. Governing Law and Jurisdiction
Any disputes arising from your use of the Services or in connection with these Terms shall be governed by and construed in accordance with the laws of India, without regard to its conflict of laws principles. You agree that: (i) 1 Finance may initiate legal proceedings in any court or forum of competent jurisdiction, and you irrevocably consent to such jurisdiction; and (ii) any legal action initiated by you must be exclusively filed in the courts located in Mumbai, India.
15. Miscellaneous
Severability
- If any provision of these Terms, or any part thereof, is found to be unenforceable by a court of competent jurisdiction, that provision will be enforced to the fullest extent possible to reflect the intent of the parties. The remainder of these Terms will remain in full force and effect.
Assignment
- By accepting these Terms, you agree that 1 Finance may transfer, subcontract, or otherwise assign its rights or obligations under these Terms at any time without prior notice. You further agree that you may not assign, transfer, or subcontract any part of these Terms to any third party without our express written consent.
Waiver
- Any failure or delay by either party to exercise any right or remedy under these Terms, or any partial exercise thereof, shall not be construed as a waiver of such right or remedy, nor shall it affect any other rights or remedies available under these Terms.
Survival
- Notwithstanding the termination or cancellation of these Terms, certain provisions will continue to apply to the duties and obligations that are intended to survive such termination, including, but not limited to, those relating to 8. Limitation of Liability, Indemnity, and Warranty, Intellectual Property Use and Protection, Confidentiality, Dispute and Complaint Resolution, and Governing Law and Jurisdiction. Additionally, any provisions that, by their nature, are intended to survive termination shall remain in effect. Termination of these Terms will not affect any causes of action that have accrued prior to such termination.
Privacy
- By using our Services, you acknowledge and agree that your personal information will be handled in accordance with our Privacy Policy, which is incorporated by reference into these Terms. You understand that any data you provide may be shared with our Group Companies and Partners and may be stored within India in compliance with applicable laws.
We may collect and track information regarding your use of the Application and Services, and you consent to such collection, monitoring, and usage of data, including in an aggregated form. For more details on how we handle your information, please review our full Privacy Policy.
