TERMS OF SERVICE FOR INSURANCE
The online platforms – www.fisdom.com (“Website”), and the iOS and Android mobile application – “Fisdom” (“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 (“Fisdom”). The App and the Website shall be collectively referred to hereinafter as the “Platform”.
Fisdom is registered with the Insurance Regulatory and Development Authority of India (IRDAI) bearing Certificate of Registration No. CA0505 valid up to 19th June 2020 to act as an Insurance Corporate Agent (Composite) and thereby authorized to solicit and service life insurance business. Your access and use of the Platform for insurance products (“Insurance Service(s)”) shall be subject to the terms and conditions mentioned below (“Insurance Terms and Conditions”).
Please read these Insurance Terms and Conditions carefully before accessing or using the Platform or any part thereof. By accessing or using any part of the Platform, you agree to be bound by these Insurance Terms and Conditions. If you do not agree to all the terms and conditions herein, then YOU MAY NOT ACCESS THE PLATFORM OR USE ANY SERVICES PROVIDED BY FISDOM.
These Insurance Terms and Conditions form a legal and binding agreement between the you and Fisdom and is made pursuant to the terms of the Information Technology Act, 2000
Your personal data will be stored and collected by Fisdom. By using the Fisdom and/or registering yourself at Fisdom you authorize Fisdom (including its representatives, affiliates, and its business partners) to contact you via email or phone call or sms and offer you our services for the product you have opted for, imparting product knowledge, offer promotional offers running on Fisdom and offers by its business partners and associated third parties, for which reasons your information may be collected in the manner as detailed under this Policy. You hereby agree that you authorize Fisdom to contact you for the above mentioned purposes even if you have registered yourself under DND or DNC or NCPR service(s). Your authorization, in this regard, shall be valid as long as your account is not deactivated by either you or us.
Purposes of collection of your data
Fisdom collects your information when you register for an account, when you use its products or services, visit its Website’s pages. When you register with Fisdom, you are asked for submitting certain information which may be personal to you such as name, mobile number etc. Once you register at the Website and sign in you are not anonymous to us. Also, you are asked for your contact number during registration and may be sent SMSs, notifications about our services to your wireless device. Hence, by registering you authorize the Fisdom to send texts and email alerts to you with your login details and any other service requirements, including promotional mails and SMSs.
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) have not previously been suspended or removed from using Fisdom’s Services and/or the App or any part thereof.
2. YOUR ACCOUNT
If you wish avail of the Insurance Services, you are required to maintain an account on the App (“Account”). 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 Fisdom in order to create such Account.
You 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 Fisdom immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorized manner.
You represent and warrant that all information, data and documents provide by you (a) for creating of the Account; and/or (b) through your Account are true, correct, accurate and up to date. In the event of any change, you agree to update the details on the Account in a prompt and swift manner. You further represent and warrant that at the time of making any new Account, you do not currently have an existing account on the App.
3. PROHIBITED USES
You shall not use or access the Insurance Services:
a. for any unlawful purpose; b. to solicit others to perform or participate in any unlawful acts;
c. in a manner so as to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances in India;
d. in a manner so as to infringe upon or violate Fisdom’s intellectual property rights or the intellectual property rights of others;
e. to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
f. to submit or create false or misleading information;
g. 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;
h. 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;
i. for any obscene or immoral purpose; or
j. to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.
4. LICENSE BY FISDOM
a. All intellectual property in or of the App and Website belongs to or is licensed to Fisdom. Fisdom grants you a limited, non-transferable and revocable license to access and use the Platform or any part thereof for availing the Insurance 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 Fisdom’s express written consent.
b. 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.
c. 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 Fisdom, as may be applicable. Any unauthorized use of the Platform shall terminate the permission or revoke the license granted by Fisdom herein.
5. TERMS FOR INSURANCE SERVICES
a. Fisdom is registered with the Insurance Regulatory and Development Authority of India (IRDAI) bearing Certificate of Registration No. CA0505 valid up to 19th June 2020 to act as an Insurance Corporate Agent (Composite) and thereby authorized to solicit and service life insurance business.
b. Fisdom does not underwrite the policies or act as an insurer. Insurance products will be underwritten by the Insurance Company based on your choice of policy (“Policy”). The Policy is a contract between you and the Insurance Company, and will be the subject matter of solicitation.
c. Any information that Fisdom displays on its Platform regarding the Insurance Company or the Policy (“Insurance Information”) will be as per the information provided to Fisdom by such Insurance Company. Fisdom provides such information to you ‘as-is’ with all faults and to the maximum extent permitted under law, Fisdom does not make any representations or warranties as to the accuracy or completeness of such information. Fisdom will not be liable for any consequences you may face as a result of your reliance on such information. You are advised to carefully read and understand the terms of the Policy that you intend to purchase. You can reach out to Fisdom at ________ for any questions.
d. The acceptance of the premium and final issuance of the Policy is subject to the underwriting norms and discretion of the Insurance Company. Fisdom shall not be responsible or liable to anyone on account of any delay, failure or refusal by the Insurance Company to accept the premium or issue the Policy to you, however, in such an event, Fisdom will endeavor to provide all reasonable assistance to you.
e. Fisdom will only assist you in payment of premium, and provide assistance in the event of a claim. Fisdom is not the insurer and is not responsible for and has no control over the settlement of any claims, which shall be entirely subject to the terms of the Policy. Fisdom will not have any obligation or liability for any delay in settlement or non-acceptance of any claims by the Insurance Company. Any grievance you may face in this regard will need to be raised with the Insurance Company and appropriate authority for redressal.
6. THIRD PARTY MATERIAL AND SERVICES
Fisdom may provide you links to third party services (“Third Party Services”) and may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”). You acknowledge and agree that Fisdom 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. FISDOM DOES NOT WARRANT OR ENDORSE AND DOES NOT ASSUME AND WILL NOT HAVE ANY LIABILITY OR RESPONSIBILITY TO YOU OR ANY OTHER PERSON FOR ANY THIRD-PARTY SERVICES, THIRD PARTY MATERIALS OR WEB SITES, OR FOR ANY OTHER MATERIALS, PRODUCTS, OR SERVICES OF THIRD PARTIES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, Fisdom, its affiliated companies, subsidiaries, officers, directors, employees or any related party disclaim any liability to you or to any third party for any indirect, incidental, special or consequential damages or any loss of revenue or profits arising under or relating to these Insurance Terms and Conditions.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, you waive, release, discharge and hold harmless Fisdom, its affiliated and subsidiary companies, and each of their directors, officers, employees, and agents, from any and all claims, losses, damages, liabilities, expenses and causes of action arising out of your use of the Platform and/or the Insurance Services.
You agree to indemnify, save, and hold Fisdom, its affiliates, contractors, employees, officers, directors, agents and its third party associates, licensors, and partners harmless from any and all claims, demands, losses, damages, and liabilities, costs and expenses, including without limitation legal fees and expenses, arising out of or related to your use or misuse of the Insurance Services or of the Website or App, any violation by you of these Insurance Terms and Conditions, 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 and/or the App.
9. SUSPENSION OF ACCESS
Fisdom may choose to stop providing the Insurance Services hereunder, and may terminate access to or use of the App at any time without any notice. Other than where Fisdom informs you otherwise, upon any termination, (a) the rights and licenses granted to you under these Insurance Terms and Conditions will end; (b) your Account shall be suspended; and (c) you must stop using the App. Fisdom reserves the right to suspend or cease providing any Service and shall have no liability or responsibility to you in any manner whatsoever if Fisdom chooses to do so.
11. APPLICABLE LAWS
Your use of this Platform and these Insurance 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 Fisdom at email@example.com to raise any questions, complaints, grievances or feedback.