These terms of use (“Terms and Conditions”) mandate the terms on which the users (“You” or
“Your” or “User”) can access the mobile application ‘1 Finance’ or website “https://1finance.co.in/” operated and managed by 1
Finance Private Limited (“Company” or “We” or “Us”) a company duly incorporated under the
laws of India, having corporate identification number U67100GJ2021PTC126723, collectively
referred to as, the “Application”.
1 Finance is SEBI Registered Investment Adviser, having registration number INA000017523, and provides Financial Advisory to clients through Mobile Applications (“Services”). 1 Finance is committed to operating its applications with the highest ethical standards and appropriate internal controls.
1 Finance is having its Corporate office at Unit No. 1101 & 1102, 11th Floor, B-Wing, Lotus Corporate Park, Goregaon (E), Mumbai-400063 and registered office at ‘Marwadi Financial Plaza’, Nana Mava Main Road, Off 150ft Ring Road, Rajkot- 360001, Gujarat, for selling/facilitating Investment Advice.
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 these do not
require any physical, electronic or digital signatures.
Terms of Use
Please read the rules and restrictions that govern your use of our Application. These Terms
and Conditions (the “Terms”) are a binding contract between you and 1 Finance. If you do not
agree to these terms and conditions and the terms and conditions of 1 Finance, available at
https://www.1Finance.co.in/terms-of-uses/, you may not use the Application and should not
proceed to create any accounts or acquire any subscriptions to the Application. By using the
Application, you are agreeing to be bound by these terms and conditions including all
amendments made hereto from time to time. Below are the provisions in these Terms that are
included along with the Privacy Policy.
By using the Services of 1 Finance, you are confirming that you are above the 18 years
of age and legally eligible to enter into a legally binding contract, enforceable under
Indian law, including the Indian Contract Act, 1872. If you are not eligible as per the
Indian Contract Act, 1872, then please discontinue use of the Platform and leave now. If
you believe that a person under 18 may have provided us with personal information,
please contact us at care@1finance.co.in
Upon using the application, you are aware and accept that all information, content,
materials, and products are protected and secured.
You acknowledge that you are allowed us to track your investment and other financial and
non-financial details through this Application. However, before making any transaction
and availing the services, the user may be required to complete the Know your client
(KYC) as per the guidelines issued by regulator/government authorities from time to
time.
You accept and are aware that you are solely responsible for maintaining the
confidentiality of your account information at all times. If there is any unauthorized
use of your Account, you agree to notify us as soon as possible. In the event that you
fail to comply with this provision, we will not be liable for any loss or damage.
You understand and accept that 1 Finance is not responsible for the availability of
content or other services on third party sites linked from the Application and the
Company urges you to read the terms of use of the respective third-party sites, before
accessing or registering with any of such third-party sites. Further, the Company does
not make any warranties and expressly disclaims all warranties express or implied,
including without limitation, those of merchantability and fitness for a particular
purpose, title or non-infringement with respect to any information or services or
products that are available or advertised or sold through these third-party websites.
In order to access the application, you acknowledge that the software and hardware are
the property of either 1 Finance or its respective third-party vendors.
1 Finance or third-party providers may not be able to offer all the products or services
available on the Application to you. As a third-party provider, 1 Finance reserves the
right to determine an applicant’s eligibility and availability.
You agree that if transactions made through 1 Finance Application shall be through your
own bank account only.
You agree to provide your explicit consent to fetch your credit data from CRIF High
Mark/Experian or any other credit Bureaus.
You agree that you will not use the Platform in any manner or engage in any activity
that may damage, disable or impair or adversely affect the use of the platform or
interfere with any other users’ use, legal rights, or enjoyment of the Platform.
Further, you agree not to remove any text, copyright or other proprietary notices
contained in the content downloaded from the Platform.
1 Finance may delist you or block your future access to the platform or suspend or
terminate your registered account if it believes, in its sole and absolute discretion
that you have infringed, breached, violated, abused, or unethically manipulated or
exploited any term of these Terms and Conditions.
You expressly understand and agree the terms and conditions, privacy policy published on
the website and applications of 1 Finance. If you are having trouble accessing your
information online and would like to change or delete your personal information or other
information that you have provided, you may contact us immediately at care@1finance.co.in.
If there is any change in the account information, you shall promptly update your
account information to 1 Finance. 1 Finance would rely on the most recent information
provided by you.
1 Finance and its employees and partners may contact you by phone, email, SMS, or any
other form of electronic communication regarding your registration, advisory, and
transactions or for any other specified or non-specified purpose. This consent overrides
any registration for DNC/NDNC and agrees to take steps to deregister from the DND list
and shall not hold 1 Finance liable for non-receipt of SMS. You can always opt to stop
receiving any or all such communications or delete your account from the mobile application, or by writing to care@1finance.co.in
Services
By registering, you are allowed to get services offered by 1 Finance.
The Client hereby agrees that all the decisions of the Client, notwithstanding the Services
rendered by us, in relation to any recommendation or advice shall be based on Client’s own
independent assessment of the risks and rewards of the investments and other circumstances
and a proper evaluation thereof.
By using the Application, you acknowledge and agree that we cannot ensure that profit or
losses will be avoided, or that the Client’s objectives, including their investment goals
will be met, or that they will not be adversely affected by tax consequences, technical
problems, or regulatory compliance. In connection with any services provided to the Client,
we will not be liable for any error of judgement or loss suffered by the Client.
As a user, you understand and agree that by availing of the Services, you will be bound by
our Privacy Policy, and that any information you provide on the Application will be shared
with our Group Companies, Agents and Partners, who will store your data within Indian
jurisdiction as per applicable laws.
Privacy
We track your use and access of the Application and/or availing of the Services offered by
the Application/activities on the sites, you will provide us with certain information and
other data as mentioned under these Terms herein which may or may not be otherwise publicly
available. Please note that we respect the privacy and confidentiality of such data and the
provisions pertaining to such private information and data as provided by you under these
Terms. By using and visiting the Application and availing the Services of the Application,
you also agree to the terms and conditions of our Privacy Policy. You exclusively consent to
such monitoring and agree that the same is not prejudicial to your privacy. Further, you
agree that we can use this information in an aggregated manner as it deems fit.
Confidentiality
As part of your relationship with 1 Finance, and while using the Services, you acknowledge
that you may receive information about the Services of 1 Finance. This information will
belong solely to 1 Finance and may include, but is not limited to, the features and manner
of operation of the Services, trade secrets, know-how, inventions, techniques, processes,
programs, ideas, algorithms, schematics, testing procedures, software design and
architecture, computer code, and many others. In regard to this Information:
This Information may not be used or disclosed by you without the prior written consent
of 1 Finance, unless the Information becomes generally available to the public without
your breach of these terms.
It is your responsibility to maintain the confidentiality of such Information and
Services.
Use and Protection of Intellectual Property Rights
All the trademarks, logos and service marks, information and content provided on our web
site including its design structure and compilation are privately owned Intellectual
Property Rights of either 1 Finance and or its affiliates, agents, associates, subsidiaries
and or otherwise permitted by us to advertise on our web site. Unless otherwise noted you
shall not copy, download or and print documents from our web site for any commercial
purposes and shall not post, distribute, transmit, display, publish, sell or modify them or
remove any copyright trademark or other proprietary notices. For permission to use third-party materials appearing on our website, please contact us at care@1finance.co.in.
Limitation of Liability, Indemnity, and Warranty
The Content on this Application is for your information and use only and does not amount
to any advice / recommendation to the general user.
In no event shall 1 Finance or its directors, employees, associates, partners, or
suppliers will be liable to you for any loss or damage that may cause or arise from or
in relation to these terms and conditions or due to use of this Application/website or
due to the decision made using this Application or availing any product or services from
any third-party service provider.
You agree to indemnify 1 Finance or its directors, employees, associates, partners or
suppliers for all the liabilities (including claims, damages, suits or legal expenses in
defending itself in relation to the foregoing) arising due to (i) use or misuse of the
Application (ii) non-observance of the duties and obligations under these terms and
conditions or due to your acts or omissions (iii) any act, neglect, misconduct or fraud
on your part.
You warrant that all the details and information provided by you to 1 Finance or its
directors, employees, associates, partners, or suppliers while using this Application
(including for the purposes of carrying out investments) shall be correct, accurate and
genuine.
Further, you shall be solely responsible for any financial or non-financial decision taken by you based on services of 1 Finance, and 1 Finance shall not be liable for any loss or damage caused to you or other users of this Application due to such decisions. You expressly agree that the use of the Application is at your sole risk.
To the fullest extent permissible pursuant to applicable law, 1 Finance and its directors,
employees, associates, third-party partners or suppliers disclaim all warranties or
guarantees – whether statutory, express or implied – including, but not limited to, implied
warranties of merchantability, fitness and non-infringement of proprietary rights. No advice
or information, whether oral or written, obtained by you from 1 Finance or through the
Application will create any warranty or guarantee other than those expressly stated herein.
Disclaimer
The application, including any content or information contained in it or any site related
service, or any product or service licensed or purchased through the site, is provided on an
“as is” basis and without warranties of any kind, either express or implied, including, but
not limited to warranties of title or non-infringement or merchantability and fitness for a
particular purpose, other than those warranties which are implied by and incapable of
exclusion, restriction or modification under the applicable laws. You expressly agree that
your use of the Application is at your sole risk.
1 Finance does not warrant that your access to the application and/or related services will
be uninterrupted or error-free, that defects will be corrected, or that this site or the
server that makes it available is free of viruses or other harmful components. Access to and
use of this site and the information is at your risk and 1 Finance does not undertake any
accountability for any irregularities, viruses or damage to any computer that results from
accessing, availing or downloading of any information from this site.
Market risks are inherent in every investment. Please read all scheme related things
carefully. Past performance is not an indicator of future returns.
You acknowledge that all interaction, communication, dealing or transaction between the user
and the Third-party provider in respect of any products / services offered by the
Third-party provider is a separate and independent transaction between the Client and
Third-party provider without any liability. You acknowledge that any cost, damage, loss or
expenses incurred by us or Third-party arising out of or in relation with any such
communication, dealings and transactions between the Client and Third-party providers.
We disclaim any responsibility for any such communications, interactions, deals, or
transactions between the users and the third-party providers, and we shall not be held
liable for any such consequences as a result of such communication, interaction, deals, or
transactions between the users and the third-party providers.
A Third-party provider’s advertised or offered product or service is not warranted,
endorsed, guaranteed, or assumed responsibility by us, and we shall have no commitment or
liability for any transaction between you and the such party provider. If you are purchasing
a product or service through these Third-party providers, you should use your best judgement
and exercise caution where appropriate.
Consideration
As outlined in the Application, 1 Finance has the right to charge fees to its client for the
use of its application and / or services. 1 Finance may alter its fee structure as it deems
appropriate at its sole discretion from time to time, and you will be adequately informed
prior to such changes. All charges and fees shall be exclusive of taxes and all Government
taxes including but not limited to GST shall be payable by you. All charges shall be
non-transferable.
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.
Dispute / Complaint Resolution
All disputes will be resolved in a fair, effective, and cost-effective manner. We address
any concerns of Clients through our Grievance Cell.
All Complaints related to the use of the Application shall be addressed to the Complaint Resolution official. Please write to us on grievance@1finance.co.in; Call us at
+91-22-69120000. The Complaint Resolution official will get back to the user within a reasonable time from the receipt of any complaint from you.
However, if you are dissatisfied with our complaint resolution mechanism, the complaint will
be referred for arbitration, to a sole arbitrator appointed by 1 Finance, through
arbitration to be conducted in accordance with the Arbitration and Conciliation Act, 1996.
The place of the arbitration is Mumbai. All proceedings of such arbitration, including,
without limitation, any awards, shall be in the English language. The award shall be final
and binding on the Parties.
Force majeure
1 Finance shall not be liable for failure or error of any transaction on the Application or
for any failure on part of the 1 Finance to perform any of its obligations under these Terms
and Conditions if performance is prevented, hindered or delayed by a Force Majeure event (as
defined below) and in such case its obligations under these Terms and Conditions shall be
suspended for so long as the Force Majeure event continues. The term “Force Majeure Event”
means any event which occurred and is beyond the control of the Company, including without
limitations, unavailability of any communication systems, breach, or virus in the processes
or payment or delivery mechanism, sabotage, fire, flood, explosion, acts of god, civil
commotion, pandemic, strikes or industrial action of any kind, riots, insurrection, war,
acts of government, computer hacking, unauthorized access to computer data and storage
devices, computer crashes, malfunctioning in the computer terminal or the systems getting
affected by any malicious, destructive or corrupting code or program, mechanical or
technical errors/failures or power shut down, faults or failures in telecommunication etc.
1 Finance shall be discharged from such performance to the extent of and during the period
of such Force Majeure Event, and such non-performance of its obligations shall, in no event
whatsoever, amount to a breach of its obligations.
Miscellaneous:
Governing laws
For the resolution of any disputes arising out of your use of the Services or in
connection with these Terms, these Terms shall be governed, interpreted, and
construed by the laws of India, without giving effect to any conflicts of law’s
provisions. Notwithstanding the foregoing, you agree that (i) 1 Finance may bring
any proceedings before any court or forum of competent jurisdiction, and you
irrevocably consent to their jurisdiction; and (ii) any proceeding brought by you
shall be exclusively before the courts in Mumbai, India.
Severability
If, for any reason, a court of competent jurisdiction finds any provision of the
Terms and Conditions, or any portion thereof, to be unenforceable, that provision
shall be enforced to the maximum extent permissible so as to give effect to the
intent of the parties as reflected by that provision, and the remainder of the Terms
and Condition shall continue in full force and effect.
Modification of Terms
1 Finance reserves the right to change or modify, from time to time, any provision
related to the Service(s) or these Terms, including, but not limited to, changing
the scope and extent of the Services and/or include any other type of service,
facility or feature within the term “Service,” at its sole discretion. Any such
change(s) shall be effective immediately upon the posting of revised Terms and may
be notified via Application. Yours’ continually using the Application following the
posting of changes constitutes your acceptance and agreement to the changes. If you
do not agree with any such change, your sole and exclusive remedy is to terminate
your use of the Application. The Client’s use of or access to the
Application/Service(s) is further conditioned on the Client’s compliance with the
most current version of these Terms being available on the Application at the time
of such use.
Assignment
By accepting these terms, you agree that we can transfer, subcontract or otherwise
deal with our rights or obligations under them at any time without further notice.
It is agreed that you may not assign or otherwise transfer, subcontract any of the
terms of this contract to any third party,
Waiver
The failure or delay on the part of any party to exercise, or the partial exercise
of any of its rights, will not be construed as a waiver of any other right or
remedy.
Survival
Notwithstanding the termination or rescission of this terms, the provisions of this
terms shall continue to apply to those duties and obligations which are intended to
survive any such cancellation, termination or rescission, including, without
limitation clauses related to Limitation of liability, Indemnity, Warranty,
Intellectual Property, Confidentiality, Dispute Resolution, Governing Law and
Jurisdiction. Further any provisions of these terms which by implication are to
survive the termination of these terms shall survive such termination. Termination
of the terms shall not abate the causes of action that have accrued to the Parties
prior to such termination.
