Terms of Service
GENERAL
Radical Advisors India Private Limited (hereinafter referred to as “the Company” or “Radical” or “We” or “Us” or “Our”) is a Company registered with the Securities and Exchange Board of India as an Investment Advisor under SEBI (Investment Advisers) Regulations, 2013 dated January 27, 2016 having its registered office at 520, Somdutt Chamber-II, 9 Bhikaji Cama Place, New Delhi-110066, India.
“Radical Advisors India Private Limited operate mobile applications and website https://www.finezzy.com under brand names FinEzzy, FinEzzy enables you (hereinafter referred to as, “You”, “you”, “your” or “User”) to track, save and earn extra by automatically bringing your entire financial life across savings, investments, loans, all in one app. FinEzzy shall through its Application provide personal finance management services to the Users (“Services”). FinEzzy is committed to operating its website and mobile applications with the highest ethical standards and appropriate internal controls.”
Radical Advisors India Private Limited (hereinafter referred to as “Company”) having its registered office at 520, Somdutt Chamber-II, 9 Bhikaji Cama Place, New Delhi-110066, have the authorised corporate agency license of IRDAI vide registration no. CA0802 dated 28th April, 2022, for selling/facilitating Insurance policies to its users. The Insurance products that you will purchase using Application would be facilitated by the Company for facilitating insurance products through the Application.
THESE WEBSITE TERMS IS AN ELECTRONIC RECORD IN THE FORM OF AN ELECTRONIC CONTRACT FORMED UNDER INFORMATION TECHNOLOGY ACT, 2000 AND RULES MADE THEREUNDER AND THE AMENDED PROVISIONS PERTAINING TO ELECTRONIC DOCUMENTS/ RECORDS IN VARIOUS STATUTES AS AMENDED BY THE INFORMATION TECHNOLOGY ACT, 2000. THESE TERMS DOES NOT REQUIRE ANY PHYSICAL, ELECTRONIC OR DIGITAL SIGNATURE.
- “App” means the mobile application by the name ‘FinEzzy’ available on android, iOS or any other app stores.
- “Website” means the website hosted as ‘https://www.finezzy.com/’
- “User” means any person who downloads the Application and/or a person who access the FinEzzy Platform and/or a person who avails any of services, products or facilities offered through the FinEzzy Platform.
- “Group Companies” includes any company which is a holding, subsidiary, fellow subsidiary, or associate of the Company.
- “KYC” means all requirements pertaining to “Know your client” Norms and customer due diligence, with respect to User, as per the requirements prescribed by regulatory authorities from time to time.
- “Laws” means all laws, ordinance, statutes, rules, orders, decrees, injunctions, licences, permits, approvals, authorisations, consents, waivers, privileges, agreements and regulations of any Governmental authority having jurisdiction over the relevant matter as such which are in effect as of the date hereof or as may be amended, modified, enacted or revoked from time-to-time hereafter.
- “Privacy Policy” means the privacy policy published on FinEzzy Platform.
- “Terms of Use” shall mean these terms and conditions set out herein regarding the use of the FinEzzy Platform by the User.
- “Terms and Conditions” shall mean the product specific terms and conditions which are set out in the relevant product section.
The words, “him”, “his”, “You”, “Your”, “Client”, “User” “Investor”, “I”, “Subscriber” and “Customer” refer to the person(s) who use and avail the Services and Products of Radical/ FinEzzy App and shall include both singular and plural. The Services provided herein is only for Customers who are Indian citizens and tax resident of India.
These terms shall constitute a binding contract between the Company and you when you download the App or use the services on Website and / or the App or use its Services on any other platform managed by the Company and shall be referred to herein as the “Agreement”. Downloading and installing the App or using the services of the Website or the App shall be deemed to constitute sufficient proof that you have read, understood and accepted these terms.
These Terms and Conditions contain important information regarding the Services that the Company will provide to you and for your own protection you should read them carefully before accepting them. If you do not agree to these terms you must not proceed to use the App or use the Services provided on the website or mobile application.
This Agreement may be read with our privacy policy document or other such documents as may apply to a particular account / service / situation / circumstance / transaction.
Reference to any statute, ordinance or other law includes all regulations and other instruments and all consolidations, amendments, re-enactments or replacements for the time being in force. All headings, bold typing and italics (if any) have been inserted for convenience of reference only and do not define limit or affect the meaning or interpretation of the terms contained herein.
Without prejudice to any other specific requirement which may be laid out in this Agreement, your use of the App / Website and the Services and specifically, your acceptance of these terms as aforesaid shall be deemed to be a representation from you that you are above 18 years of age, or possess legal parental or guardian consent, and are fully able, conscious and competent to enter into this Agreement and make your investment decisions, execute the investment transactions, evaluate the advice, if any, and confirm to abide by and comply with the terms set forth herein.
Please note that your visit, use of or access to our websites https://www.finezzy.com and mobile applications (collectively referred to as “Application” or “Platform”) are subject to the following terms; if you do not agree to all of the following, you may not use or access the Services and Application in any manner.
When you use any of the Services provided on the Application, including but not limited to only financial services, or insurance products etc., you shall be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into this Terms of Use and shall be considered as part and parcel of this Terms of Use.
Terms of Use
Please read on to learn the rules and restrictions that govern your use of our Application/Services. These Terms and Conditions (the “Terms” or the “Agreement”) are a binding contract between you and the Company. If you have any questions, comments, or concerns regarding these terms or the Services, please contact us at info@radicaladvisors.in
You must agree to and accept all the Terms, or you don’t have the right to use the Services. Your using the Services in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use the Services. These Terms include the provisions mentioned below, as well as those in the Privacy Policy.
- You are aware and you accept that all information, content, materials, products on the application is protected and secured.
- You understand and accept that you are allowed to track your financial life through the use of Application. You agree that you will be allowed to make any transaction through the Application when you complete the KYC process and provide the complete information including personal information in accordance with the Know your client (“KYC”) guidelines issued by Securities and Exchange Board of India or any other regulator/government authorities/agencies/AMCs from time to time.
- You acknowledge that you will be responsible for maintaining the confidentiality of your account information and are fully responsible for all activities that occur under Your account and also agree to keep your login credentials safe and confidential at all times. You further agree to promptly inform Us immediately in case of any actual or suspected unauthorized use of Your Account. We cannot and will not be liable for any loss or damage arising from Your failure to comply with this provision.
- You acknowledge that the software and hardware underlying the application as well as other Internet related software which are required for accessing the application are the legal property of either the Company or its respective third-party vendors. The permission given by the Company to access the application will not convey any proprietary or ownership rights in the above software/hardware.
- You understand and accept that not all the products and services offered on or through the Application are available in all geographic areas and you may not be eligible for all the products or services offered by the Company or third party providers on the Application. The Company and such third party providers reserves the right to determine the availability and eligibility for any product or service offered on the application.
- You understand and accept that the Company is not responsible for the availability of content or other services on third party sites linked from the application. You are aware that access of hyperlinks to other internet sites are at your own risk and the content, accuracy, opinions expressed, and other links provided by these sites are not verified, monitored or endorsed by the Company in any way. 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 platforms.
- You agree that transactions made through FinEzzy Application shall be through your own bank account only and the said transactions do not contravene any Act, Rules, Regulations, Notifications of Income tax Act, Anti money laundering laws, Anticorruption laws or any other applicable laws.
- You agree to provide your explicit consent to fetch your credit data from any credit Bureaus on a month to month basis.
- You agree that you will not use the application for any purpose that is unlawful or prohibited by these Terms. You also agree you will not use the application in any manner that could damage, disable or impair the application or interfere with any other party’s use, legal rights, or enjoyment of the application. You hereby represent and warrant that you shall make use of the Application as a prudent, reasonable and law abiding citizen and you shall comply with relevant necessary laws.
- The Company reserves the right in its sole discretion to delete, block, restrict, disable, suspend your account or part thereof. If the User is found engaging in any fraudulent/illegal activities including but not limited to the following activities i.e abusing any of the representatives of the organization, indulge in fraudulent activities on the Application, using mass media and/or bots to engage with the platform, using mass media and/or bots to malign the organization’s reputation these activities may be referred to appropriate legal authority for a legal recourse.
- Additionally, by continuing using the Application or Services of FinEzzy, you are confirming that:
You are 18 years of age or older and where you are acting as Guardian on behalf of a minor, you have the necessary authority to register/sign up for the Services on behalf of the minor. If the Company learns that we have collected personal information from a person under age 18, we will delete that information as quickly as possible. If you believe that a person under 18 may have provided us with personal information, please contact us at info@radicaladvisors.in.
You have read and understood the Privacy Policy published on the website and mobile applications of the Company. The information you provide when you register on the Application is true and correct. In the event, your information is not accessible online and you wish to change or delete your personal information or other information that you may have provided, please contact us immediately at info@radicaladvisors.in
You shall notify the Company of any material change in your personal information and/or profile. The Company would rely on the most recent information provided by you.
You agree to be contacted by the Company and its employees and partners over phone and/or E-mail and/or SMS or any other form of electronic communication in connection with your registration, advisory and transactions. This consent overrides any registration for DNC/NDNC. You agree and confirm that if your mobile number is registered in the Do Not Disturb (DND) list of TRAI, you may not receive SMS from FinEzzy. You agree to take steps to deregister from the DND list and shall not hold FinEzzy liable for non-receipt of SMS. You can always opt to stop receiving any or all such communications by writing to info@radicaladvisors.in. You can also delete your account at any point of time by writing to info@radicaladvisors.in or by visiting the Delete Account section on the Application.
Services
The Application offers the Services to the Users which include, the advisory services to the Users relating to investing in, purchasing, selling or otherwise dealing in securities or investment products, and advice on investment portfolio containing securities or investment products as more particularly mentioned in
Annexure 1.
Please also note that there are other financial products and services, such as, loans, fixed deposit creation, Insurance etc. manufactured and/or distributed by third party providers, offered by or through the Application. However, it is, hereby, expressly clarified that any or all interaction, communication, dealing, or transaction between the Users and such third party provider in respect of availing of any products/services offered by the third party provider forms a separate and independent transaction between the User and such third party provider without any liability accruing to or on us for any matters arising out of or in relation to the same.
The User hereby agrees and acknowledges that all the decisions of the User, notwithstanding the Services rendered by Us, in relation to buy, sell, hold or otherwise deal in the investment securities shall be based on User’s own independent evaluation of the risks and rewards of the investments and User’s own verification of all the relevant facts, including financial and other circumstances and a proper evaluation thereof.
Neither We nor any of our employees or agents shall be liable for any advice or representation made by it/him/her under this Agreement and it will be the User’s responsibility to make an independent assessment pursuant to the availing/using of the Application/Services or availing any product or services from the third-party provider.
You acknowledge and agree that We do not guarantee that availing of the Services from the Application will result in profits or avoid losses or meet the objectives, including the investment objectives, of the User or that availing/using of the Services/Application will not at any time be affected by adverse tax consequences, technical failures, timely regulatory compliance to a new law. We will not be liable to the User for any error of judgement or loss suffered by the User in connection with the Services provided to the User.
FinEzzy does not disburse loans on its own but we enable you to compare the best possible options and apply for loans to various banks and NBFCs (Non-Banking Financial Corporation) in the Indian Market. You acknowledge that the loan rates vary from bank to bank and it is dependent on your credit profile and the loan/policies/scheme you decide to opt for. FinEzzy has nothing to do with the rates offered by Banks/NBFCs.
You agree and understand that by availing the Services you shall be bound by Our Privacy Policy and your information provided on the Application shall be shared with our Group Companies and Business Partners, which shall store your data within Indian jurisdiction as per applicable laws.
Privacy
You agree that during your use and access of the Application and/or availing of the Services offered by the Application, 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, are governed under the Application’s Privacy Policy which is available at https://www.finezzy.com/privacy-policy. 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.
Consideration
The Company shall have the right to charge its Users a fee for use of its platform and for availing advisory services as set out in Annexure 1. The Company may change fee structure as it determines in its sole discretion from time to time and notice regarding the same shall be intimated to you adequately in advance prior to such change in fee structure. 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.
I / We have not received nor have been induced by any rebate or gifts.
When you make investment at FinEzzy platform, the investment amount goes directly to the Mutual fund basis your selection. At no time, FinEzzy receives the investment amount. FinEzzy does not have any role to play in the investments that a Mutual fund makes in the market. Upon making such investment, you enter into bilateral contract with the Mutual fund House or AMC. You understand that mutual fund investments are subject to market risk. You should read all Offer Documents including the Scheme Information Document, Key Information Memorandum and Addenda for all the mutual fund schemes that you invest. By Investing in a Mutual Fund Scheme, it is deemed that you have read the offer document and are comfortable with the terms laid down in such offer document.
Upon investment, units are allocated by Mutual funds as per applicable NAV, which is not under the control of FinEzzy. The Company does not warrant that the calculation of NAV and units allotted by Mutual funds are correct. In case you notice any discrepancy, FinEzzy customer support team shall help you resolve the query through AMC.
I confirm that for investments in any units of the scheme I have read and understood the content of the Scheme Information Documents / Statement of Additional Information of the scheme. I have also read and understood the terms, conditions, details, rules and regulations governing the scheme.
Other payment terms
Payments for following businesses –
a. Mutual Fund (MF) – NFO’s, Liquid Funds, Equity, Debt & International funds etc. including lump sum and SIP;
b. Loan Against Mutual Fund (MF).
Modes of Payments
You can transfer the funds using UPI, net banking and IMPS/NEFT/RTGS and/or any other mode as may be approved by the Company from time to time.
Payment Gateway
The Company use third party payment gateway for facilitating transfer of money. Transactions once completed cannot be cancelled. User should use their own bank account otherwise the transactions are liable to be rejected. If you don’t see the credit in your account immediately after transferring funds from the instant payment gateway, you will need to wait at least 24 hours for the funds to reflect in your account.
The Company does not accept payment through cash/demand deposit.
I. UPI
You can transfer funds using UPI. You may initiate the payment from the Company’s website/FinEzzy mobile application.
II. Bank Transfers – IMPS/RTGS/NEFT
Method Time
NEFT/RTGS Within 2 hours depending on your bank
IMPS 5-10 minutes depending on bank remittance confirmation.
The Company uses third party payment gateway services to offer the bank transfer features, which includes sharing of user’s bank account details to the payment gateway (after user consent to share the information while enabling the Bank Transfers) in order to give premium experience to the users. It also helps the Company to validate the funds transferred by the users is done by registered bank accounts at the Company.
In case, bank account through which fund is received is not registered at FinEzzy/does not belong to the User, refund will be initiated by the Payment Gateway provider on the same day subject to credit realisation as per the turnaround time of payment gateways and Banks which can vary upto 7-10 working days.
III. Net Banking
Users can transfer funds using the net banking facility. You can initiate the net banking from FinEzzy app/website.
Users are advised to use their own Net Banking Account for transfer of funds. The Company will have no role in failed or pending transactions and fraudulent use of Net-banking in any manner. Any fraudulent transaction / attempt will attract action as per relevant section of Indian Penal Code (IPC). For a failed transaction, user may be charged by his / her bank and the Company is not responsible for any such charges.
IV. Mandates
FinEzzy provides various types of recurring payment options in the form of mandates, which can be used by the user across all the products offered by the FinEzzy. Bank Mandates registered on FinEzzy App will be for verified Bank Accounts only. FinEzzy takes no responsibility of any failed or pending transactions resulting from previously approved Mandates. For a failed or pending transaction, user may be charged by his / her bank and FinEzzy is not responsible for any such charges. Users are responsible for keeping the mandates updated for closed account or any modifications in account details. By proceeding with this payment mode, user abides to the Disclaimers and T&Cs of third party Service Providers, Payment Gateway’s Disclaimers.
Although all reasonable care has been taken towards guarding against unauthorized use of any information transmitted by the User, FinEzzy does not represent or guarantee that the use of the Services provided by/ through it will not result in theft and/or unauthorized use of data over the Internet. User is responsible to ensure that the transaction is successful. By agreeing to these terms and conditions, the User expressly agrees that his/ her use of the aforesaid online payment service is entirely at own risk and responsibility of the User.
Mutual Fund Transactions
a. Financial Transactions
In case of Mutual Funds, the Company will send the request for the transaction on a best effort basis. The processing of the request will be handled as per the existing business rules and cut off times. In case of failures of any system at the Company, the Company will try to process the same at the earliest but makes no guarantees. In case of failures of any system at the RTA / AMC / Payment Gateway Provider/Bank, the Company and its users will rely on the fallback provided by the RTA / AMC /Payment Gateway Provider/Bank. This should be read in conjunction with payment settlements. User agrees that the Company acts as an intermediary for purpose of facilitating Financial Transactions. The Company is limited by the capabilities and timelines provided by AMCs / RTAs / Payment Service Providers/Bank in such financial transactions.
b. Non-Financial Transactions
In case of Mutual Funds, the Company will send the request for the transaction to the RTA (acting behalf of respective AMCs) on a best effort basis. The processing of the request will be handled as per the existing business rules at the RTA. In case of failures of any system at the Company, the Company will try to process the same at the earliest but makes no guarantees. In case of failures of any system at the RTA, the Company and its users will rely on the fallback provided by the RTA. User agrees that the Company acts as an intermediary between him / her and the AMC for purpose of facilitating Non-Financial Transactions. the Company is limited by the capabilities and timelines provided by AMCs / RTAs in such nonfinancial transactions.
c. RTA
In case of Mutual Funds, the Company will share data for each transaction in the format mutually decided with each RTA (acting on behalf of respective AMCs) and will be processed at the RTA as per the existing business rules. the Company will receive confirmation of the status of each transaction sent to the RTA from the RTA in a format mutually decided with the RTA and AMC. The Company has no control over transaction processing time and business logic. The user understands that the Company is only acting as a platform. User enters into bilateral relationship with AMC / Mutual fund when he places and orders with the relevant AMC, or any entity acting as a collection agent on its behalf.
Settlements
The settlement to the respective bank account(s) is done by the Banks and Payment Gateway partner and will be done on a best effort basis as per their timelines. In case of transfer of funds for Mutual funds & NPS the applicable NAV in respect of purchase of units of mutual fund/ NPS scheme shall be subject to realization & availability of the funds in the bank account of AMC/Trustee before the applicable cut off timings (As mentioned by AMFI/SEBI for Mutual Funds & Govt. of India for NPS), irrespective of the amount of investment, under all mutual fund/NPS schemes and the business logic at the corresponding RTA/Trustee in case of NPS. Settlement in Mutual Funds and NPS will be same for both lumpsum and SIP depending upon the mode of payment. The Company will ensure that money is debited on the same day and is settled to AMCs/Trustees bank account same day before the respective cut-off timings, but in case of any issues, the settlement can be impacted and result in deviation of applicable NAV, for which the Company may not be responsible for any losses.
DND Registrations and Communication with Users
The user understands that if his / her mobile number is registered in the Do Not Disturb (DND) list of TRAI, he / she may not receive SMS from the Company. He / she shall take steps to deregister from the DND list and shall not hold the Company liable for non-receipt of SMS in the interim period. The user agrees to be reached out to by representatives of the Company or any third party authorised by the Company, via phone / email / sms with reference to the services offered by the Company.
Confidentiality
You acknowledge that, in the course of your relationship with the Company and in using the Services, you may obtain information relating to the Services and/or the Company (“Proprietary Information”). Such Proprietary Information shall belong solely to the Company and includes, but is not limited to, the features and mode of operation of the Services, trade secrets, know-how, inventions (whether or not patentable), techniques, processes, programs, ideas, algorithms, schematics, testing procedures, software design and architecture, computer code, internal documentation, design and function specifications, product requirements, problem reports, analysis and performance information, benchmarks, software documents, and other technical, business, product, plans and data. In regard to this Proprietary Information:
1. You shall not use (except as expressly authorized by this Agreement) or disclose Proprietary Information without the prior written consent of the Company unless such Proprietary Information becomes generally publicly available without your breach of this Agreement.
2. You agree to take reasonable measures to maintain the Proprietary Information and Services in confidence.
Use and Protection of Intellectual Property Rights
FinEzzy Application is protected by copyright, trademarks, patents, trade secret and/or other relevant intellectual property laws. No information, content or material from the Application may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way without FinEzzy’s express written permission. You are hereby given a limited licence to use the Application for your personal and non-commercial use, subject to your agreement of these Terms. You agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the FinEzzy Application.
Limitation of Liability, Indemnity, and Warranty
1. In no event shall the Company or its directors, shareholders, 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 investments made using this Application or availing any product or services from any third-party service provider.
2. You agree to indemnify the Company or its directors, shareholders, 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-performance and/or 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.
3. You warrant that all the details and information provided by you to the Company 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.
4. Further, you shall be solely responsible for any investment decision taken by you on the Services and the Company shall not be liable for any loss or damage caused to you or other users of this Application due to such investment decision, or any kind of reliance upon it. You expressly agree that use of the Application is at your sole risk.
5. To the fullest extent permissible pursuant to applicable law, the Company and its directors, shareholders, 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 noninfringement of proprietary rights. No advice or information, whether oral or written, obtained by you from the Company or through the Application will create any warranty or guarantee other than those expressly stated herein.
Limitation of Remedies
1. In no event will the Company, its Service Partners, its Vendors or their respective officers, directors, or employees be liable for any action performed or omitted to be performed or for any errors of judgment in relation to your account.
2. The Company shall not be held accountable for any losses incurred as a result of any actions / occurrences under this Agreement or such actions / occurrences not attributable to the Company.
3. A gesture of goodwill on behalf of the Company such as refunds and / or reimbursement of transaction charges or any other sum, shall not constitute an acknowledgment of any wrongful act or liability by the Company and you shall not have any further or additional recourse, legal or otherwise against the Company.
Force majeure
If the whole or any part of the performance is prevented, hindered or delayed by a Force Majeure event (as defined below), the Company shall not be liable for any failure to perform any of its obligations under these terms and conditions or those applicable specifically to its services/facilities, and in such case its obligations shall be suspended for so long as the Force Majeure event continues. “Force Majeure Event” means any event, due to any cause beyond the reasonable control of the Company, including without limitations, unavailability of any communication systems, breach, or virus in the digital processes or payment or delivery mechanism, sabotage, fire, flood, explosion, acts of God, civil commotion, strikes or industrial action of any kind, riots, insurrection, pandemic, war, acts of government, lockdown, computer hacking, unauthorised 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.
Severability
All illegality, invalidity or unenforceability of any provision of these Terms under the law of any jurisdiction will not affect its legality, validity or enforceability under the law of any other jurisdiction nor the legality, validity or enforceability of any other provision.
Waiver
No failure on the part of any party to exercise, and no delay on its part in exercising any right or remedy under this Agreement will operate as a waiver thereof, nor will any single or partial exercise of any right.
Assignment
You agree that we may transfer, subcontract or otherwise deal with our rights and/or obligations under these terms at any time without any further notice. You agree that you cannot assign or otherwise transfer, subcontract the terms or any rights granted hereunder to any third party.
Dispute Resolution
Any dispute, controversy, claims or disagreement of any kind whatsoever between the Parties in connection with or arising out of this Agreement shall be referred for arbitration, to a sole arbitrator appointed by the Company, through arbitration to be conducted in accordance with the Arbitration and Conciliation Act, 1996. The seat and venue of such arbitration shall be at New Delhi, India. 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.
Governing laws
These Terms shall be governed, interpreted, and construed in accordance with the laws of India, without regard to the conflict of law provisions and for resolution of any dispute arising out of your use of the Services or in relation to these Terms. Notwithstanding the foregoing, you agree that (i) the Company has the right to bring any proceedings before any court/forum of competent jurisdiction and you irrevocably submit to the jurisdiction of such courts or forum; and (ii) any proceeding brought by you shall be exclusively before the courts in New Delhi, India.
Entire Agreement
These Terms, together with the other guidelines, rules, terms, conditions and/or policies of the Application, including the Privacy Policy and any other arrangement/agreement in relation the Services, including the Advisory Agreement (applicable to advisory clients), constitute the entire agreement between the User and Us and supersede all previous agreements, promises, proposals, representations, understandings and negotiations, whether written or oral, between the User and Us pertaining to the subject matter here of.
Survival
Notwithstanding the termination or rescission of this Agreement, the provisions of this Agreement 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 this Agreement which by implication are to survive the termination of this Agreement shall survive such termination. Termination of the Agreement shall not abate the causes of action that have accrued to the Parties prior to such termination.
Modification of Terms
The Company reserves the right to change or modify, from time to time, any provision related to the Service(s) or these Terms, which also include, changing of the extent and scope of the Services and/or include any other category, service, facility or feature within the term ‘Service’, at the sole discretion of the Application. Any such change(s) shall be effective immediately upon the posting of revised Terms and may be notified via Application. You can determine when these Terms were last revised by referring to ‘LAST UPDATED’ at the top of these Terms. By using the services provided through this Application, you shall be deemed to have accepted the Terms herein including the amended Terms published on the Application from time to time. Your continued use of the Application following the posting of changes mean that you accept and agree 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. It is, further, clarified that the User’s use and access of the Application/Service(s) is subject to the most recent version of these Terms made available on the Application at the time of such use.
INSURANCE
Radical Advisors India Private Limited (hereinafter referred to as “Company”) is a Company incorporated under the Companies Act, 2013, CIN: U74140DL2014PTC264456 having registered office at 520, Somdutt Chamber-II, 9 Bhikaji Cama Place, New Delhi-110066, is registered with IRDA as Corporate Agent with registration number CA0802.
In addition to the Terms & Conditions and Privacy Policy for using “FinEzzy”, the following would be the additional terms and conditions which will be applicable for availing Insurance products related services, through FinEzzy, which the User has to agree before using our services:
Terms of Services
The Company shall provide select health and life and general insurance policies, identified by it at its sole discretion from time to time, on FinEzzy.
User understands and agrees that the information provided about insurance products on FinEzzy app is based on the information provided by the Insurer. The Company does not provide any representation/guarantee/warranty, of any kind, about such information nor shall be held liable for any loss and/or damage caused, directly or indirectly, from User relying on such information.
User understands that while purchasing any policy through FinEzzy, the amount goes directly to the Insurer and at no point of time the Company will receive the funds in its own bank account.
User understands that the Insurer shall issue the policy only upon completion of KYC, receipt of full premium by the Insurer and after providing all details/documents required by the Insurer. Subject to evaluation of the proposal by the insurer, the proposal terms may change and customers may be asked to pay extra premium. In such a case, the insured person has the right to ask for a complete refund of premium paid in case he/she does not want to continue with the revised proposal.
User understands that in case he/she provides any false/wrong/misleading information or documents, the Company shall not forward the Proposal Form to the Insurer. In case the Policy is issued, then the Insurer shall cancel such policy with immediate effect.
User understand that any tax rebate figures indicated on FinEzzy is based on the assumption that the User is in the highest tax slab (i.e. 31.2%). The same as per the current tax rates. Tax rates are subject to change.
User understands and agrees that the Company may share and/or collect his Personal and Transactional information, in order to (a) provide the services mentioned herein and/or (b) to ensure smooth execution of User’s Request and/or (c) to customize offers/products/services and to provide seamless experience.
User understand and agrees that the Company and/or its associate companies can contact him for verifying details, offering support and information on suitable products, assisting in closing a sale, renewal reminders, claim assistance etc.
Insurance Solicitation
Any insurance policies solicited by us are issued by the Insurer. The Company do not underwrite the risk or act as an Insurer at any time. The risk is underwritten by the Insurer only.
Users may purchase Insurer’s insurance policies at their sole discretion and purely on a voluntary basis.
The contract of insurance will be between the Insurer and user, to the exclusion of the Company. Accordingly, the Company is not responsible or liable for performance or enforcement of any of Users benefits or rights under the contract of insurance with the Insurer. Any disputes arising in relation to the contract of insurance are between User and the Insurer.
For more details on risk factors, product details, terms and conditions and exclusions please read the relevant product brochure carefully before conclusion of sale. In case of any inadvertent error on the part of the Company to display the relevant correct information, it shall not be liable and it is the responsibility of the customer to verify the same information with the brochure/product wordings etc.
Proposal form
User declare, on his behalf and on behalf of all persons proposed to be insured, that the statements, answers and/ or particulars given by User are true and complete in all respects to the best of their knowledge and that User is authorized to propose on behalf of these other persons. User understand and acknowledge that the information provided by him will form the basis of the insurance policy, and is subject to the board approved underwriting policy of the Insurer and that the policy will come into force only after full payment of the premium chargeable and acceptance of the proposal by the insurer. User authorize the Company (FinEzzy) to share information pertaining to their proposal with the Insurer for the sole purpose of underwriting the proposal and/or claims settlement. User also authorise the Company to share information relating to them with government/ regulatory authorities and agencies for the purposes of verification of identity or for prevention, detection or investigation, including of cyber incidents, prosecution and punishment of offences, or as required under any law.
Payment of Premium
Please note that the Company (FinEzzy) is only collecting or assisting in collecting the premium amount on behalf of the Insurer. The acceptance of the amount as premium and final issuance of the policy is subject to the underwriting norms and discretion of the Insurer, on which we have no control. Further, any refunds, whole or part thereof, can be initiated only by the insurer and the Company cannot be held liable for any delay etc.
Customer Due Diligence/ KYC requirements
If any KYC process/ documents are mandated by the Insurer and/or is required under the applicable laws, User will be required to comply with such KYC requirements and User agree to provide the relevant documents and or information to us and/or Insurer, as required. The Company and/or Insurer may also request User for any other/ additional information/ documents to establish their identity or for any other purpose as we may deem fit.
Cancellation and Refund Policy
In the event, User wishes to cancel the policy at the issuance or even at the proposal stage, User can approach the insurer through email, call or in person and make a request. Based on User eligibility, he may be entitled to refund of the premium as per the process followed by the insurer and subject to applicable IRDAI regulations. Please note that the Company (FinEzzy) is merely an intermediary and will not be responsible in any manner in connection with the refund of premium.
In case of a refund due to an erroneous transaction, the premium paid for an insurance product will be refunded by the Insurer as per their respective refund policies.
Modification of Terms
The Company reserves the right to change or modify, from time to time, any provision related to the Service(s) or these Terms, which also include, changing of the extent and scope of the Services and/or include any other category, service, facility or feature within the term ‘Service’, at the sole discretion of the Application. Any such change(s) shall be effective immediately upon the posting of revised Terms and may be notified via Application. You can determine when these Terms were last revised by referring to ‘LAST UPDATED’ at the top of these Terms. By using the services provided through FinEzzy, you shall be deemed to have accepted the Terms herein including the amended Terms published on FinEzzy from time to time. Your continued use of FinEzzy following the posting of changes mean that you accept and agree to the changes. If you do not agree with any such change, your sole and exclusive remedy is to terminate your use of FinEzzy. It is, further, clarified that the User’s use and access of the Application/Service(s) is subject to the most recent version of these Terms made available on the Application at the time of such use.
ANNEXURE 1
If the whole or any part of the performance is prevented, hindered or delayed by a Force Majeure event (as defined below), the Company shall not be liable for any failure to perform any of its obligations under these terms and conditions or those applicable specifically to its services/facilities, and
DESCRIPTION OF SERVICES OF FINEZZY
The Company/ FinEzzy has the capability to provide the following services as per the consent and requirement of the Client. The specific set of Services provided to You shall depend upon your specific requirements and consents.
Description of Service Radical Advisors India Private Limited
1 Data aggregation
Aggregating & consolidating data from multiple sources & providers
2 Self-serve app based Financial Planning
Integrated view of Cash Flows, Assets, Liabilities, Net Worth
Financial Health Ratios Analysis
Financial Goals Planning
Retirement Planning
Life Insurance Planning
Health Insurance Planning
3 Customised Financial Planning
Designated Financial Planning Adviser
Life Goals Planning
Customised Cash Flow Scenarios Planning
Savings Analysis & Liquidity Management
Existing Insurance Policy Analysis
Loans Analysis and Planning
Tax Planning
Estate/inheritance Planning
4 Risk Analysis & Asset Allocation
Risk Profiling based on Willingness and Ability
Allocation as per the risk profile
5 Financial Awareness
Personal finance educational content & blog
6 Mutual funds distribution services (& advice incidental to)
Advisory on Existing MF Investments
Mutual Funds & Index Funds distribution (Regular funds)
Loan against Mutual Fund (MF)
Mutual funds analysis, rating & recommendations
Periodic mutual fund portfolio review & rebalancinments
7 Servicing & Reporting
Phone/E-mail support
8 Servicing & Reporting
Designated Relationship Manager
Monthly Portfolio Discussion
Quarterly Review (online or face-to-face)
Annual Financial Plan Review
Phone/E-mail support
Concierge services (Investments related)
9 Financial Awareness
Exclusive engagements with thought leaders
Note: The provider of Services under this Annexure is subject to change depending on any alteration in the regulatory landscape under applicable law or due to operational decisions by the Company.