TERMS OF SERVICE FOR NATIONAL PENSION SYSTEM
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 platforms – www.finity.in (“Website”), and the iOS and Android mobile application – “Finity” (“App”) is owned and operated by Finwizard Technology 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 (“Finity”). The App and the Website shall be collectively referred to hereinafter as the (“Platform”).
Finity has been appointed by Pension Fund Regulatory and Development Authority (“PFRDA”) to act as one of the online Point of Presence (POP) for National Pension System (“NPS”). NPS is a voluntary, defined contribution retirement savings system.
Your access and use of the Platform to facilitate availing NPS shall be subject to the applicable rules, regulations, guidelines issued by PFRDA, NPS and/or any other applicable regulatory and statutory bodies from time to time and also subject to the Terms and Conditions mentioned below and the Grievance Redressal Policy available at: [here] (“Pension Service(s)”).
Please read these Terms and Conditions (“Terms”) carefully before accessing or using the Platform or any part thereof to avail the Pension Services. By accessing or using any part of the Platform to avail Pension Services, you agree to be bound by these terms and conditions. If you do not agree to all the terms and conditions, then YOU MAY NOT ACCESS THE PENSION SERVICES FACILITATED BY FINITY.
Subject to the foregoing, this Terms shall be read in conjunction with the General Terms and Conditions of the Platform available at [here ] , shall govern your access and use of the Platform with respect to the Pension Services available on the Platform
You represent and warrant that you (a) are at least 18 years old; (b) competent to form a binding contract under the Indian Contract Act, 1872; (c) will comply with the Know Your Customer (“KYC”) norms as detailed in the subscriber registration application form. You understand and agree that all the documents required for KYC compliance need to be mandatorily submitted; and (d) have not previously been suspended or removed from using Finity’s services and/or the Platform or any part thereof.
2. YOUR ACCOUNT
If you wish to use 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 Finity.
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 Finity 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. PROHIBITED USES
You shall not use or access the Platform or any service:
- for any unlawful purpose;
- to solicit others to perform or participate in any unlawful acts;
- in a manner so as to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances in India;
- in a manner so as to infringe upon or violate Finity’s intellectual property rights or the intellectual property rights of others;
- to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
- to submit or create false or misleading information;
- to upload or transmit spam, viruses, or any other type of malicious code that will or may be used in any way to adversely affect the functionality or operation of the service or of any related website, other websites, or the Internet;
- to harvest or collect any information of the users of the Platform, including using any robot, spider, site search or retrieval application, phishing, or other manual or automatic device or process to retrieve, index or mine data;
- for any obscene or immoral purpose; or
- to interfere with or circumvent the security features of the service or any related website, other websites, or the Internet.
4. LICENSE BY FINITY
- All intellectual property in or of the App and Website belongs to or is licensed to Finity. Finity 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 Finity’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 Finity, as may be applicable. Any unauthorized use of the Platform shall terminate the permission or revoke the license granted by Finity herein.
5. THIRD PARTY MATERIAL AND SERVICES
Finity 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 Finity 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. FINITY 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 UNDER LAW, Finity, 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 or any loss of revenue or profits arising under or relating to these Terms.
TO THE MAXIMUM EXTENT PERMITTED UNDER LAW, you waive, release, discharge and hold harmless Finity, 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 Website, App and/or Pension Services.
You agree to indemnify, save, and hold Finity, 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 Pension Services or of the Website or App, 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 Website / App.
8. SUSPENSION OF ACCESS
Finity may choose to stop providing Pension Services hereunder and may terminate access to or use of the Platform at any time without any notice. Other than where Finity 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. Finity reserves the right to suspend or cease providing any Pension Service and shall have no liability or responsibility to you in any manner whatsoever if Finity chooses to do so.
10. APPLICABLE LAWS
Your use of this Platform and any terms and conditions stated in this agreement is subject to laws of India. In case of any disputes arising out of the use of the Platform or any part thereof, Courts of Bangalore, India will have exclusive jurisdiction.
You can reach out to Finity at Grievance@Finity.com to raise any questions, complaints, grievances or feedback.