Terms and Conditions
FPL Consumer Services Private Limited (“we”, “us”, “Company”) is a company incorporated under the provisions of the Companies Act, 2013, having its registered office at West Bay, 6 Floor, Survey No. 278, Hissa No. 4/3, Baner Gaon Pune Maharashtra India 411045. The Company has set-up and operates a mobile application called “Wizely” described below (“Wizely Application”)
Wizely is a mobile application which when downloaded on your smartphone provides a user with a digital platform (“Platform”). The Platform enables registered users in availing banking and other savings products and services offered by different banking and other services providers who partner with us (“Services”). The Platform facilitates opening of fixed deposit accounts and buying/ selling digital gold.
These Terms and Conditions constitute a legal agreement (“Terms”) between (i) “you” (the “Registered User”) and us in relation to the use of the Wizely Application.
Please read these Terms and Conditions carefully before registering with, accessing or using the Wizely Application. By accessing or downloading or registering with the Wizely Application or by availing any of the services provided by us via the Wizely Application, you agree to be bound by these Terms and Conditions. If you do not agree to all or any of these Terms and Conditions, then you may not access, download or register with the Wizely Application or avail any services through the Wizely Application.
We reserve the right to modify or terminate any portion of the Terms for any reason and at any time. You should read the Terms at regular intervals. Your use of the Wizely Application following any such modification constitutes your agreement to follow and be bound by the Terms so modified.
Key definitions
- “Banking Partner” means private or public sector Banks in India who are on-boarded onto the Platform from time to time and who have partnered with us or our Service Providers for offering Services.
- “Digital Gold Partner” means any entity enabling investment in digital gold (by whatever name called) who is on-boarded onto the Platform and who has partnered with us for offering its Services to the Registered Users
- “KYC Guidelines” means Know Your Customer guidelines issued by the Reserve Bank of India (“RBI”) or any other public authority which prescribes such guidelines as the case may be.
- “KYC Documents” means the documents mandated by the Reserve Bank of India, or any other public authority which prescribes such documents that need to be submitted by Registered Users to use the Services provided by the Platform.
- “Platform” means a technology enabled digital platform conceived, developed, operated and managed by us for providing the Services;
- “Platform Account” shall mean the Wizely account created by a user on becoming a Registered User on the Platform.
- “Registered User” means an Indian national who has attained at least 18 years of age, is of sound mind and who has registered with the Platform by providing certain information sought by the Platform including his/ her personal information.
- “Services” means the services provided to Registered Users of the Platform which include (i) facilitation of opening of a fixed deposit account with a Banking Partner, (ii) buying/ selling digital gold through the Digital Gold Partner and (iii) any other service that may be provided on the Platform“Service Providers” means financial services providers, fintech service providers and such other third party service providers on-boarded onto the Platform to provide Services to Registered Users.
- “Wizely application” shall mean a proprietary application developed, operated and managed by FPL Consumer Services Private Limited.
Terms
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Limited right to use Wizely Application
- On downloading the Wizely Application, you have a non-exclusive, non-transferable, right to use the Wizely Application on any Android™ or IOS device that you own or control. This right to use does not allow you to use the Wizely Application on any device that you do not own or control, and you may not distribute or make the Wizely Application available over a network where it could be used by multiple devices at the same time. Nothing contained in the Wizely Application or these Terms should be considered as granting you, by implication or otherwise, any right to use any trade-marks, logos, or other names contained in the Wizely Application. You may not rent, lease, lend, sell, redistribute or sublicense the Wizely Application. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Wizely Application, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included within the Wizely Application) and you may not exploit the Wizely Application in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity. You also agree that the Wizely Application contains proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary content, information or materials in any way whatsoever except as provided in the Terms below. If you breach these restrictions, you may be subject to prosecution and damages by the Company.
- These terms will govern any upgrades provided by the Wizely Application that replaces and/or supplements the original version of the Wizely Application, unless such upgrade is accompanied by separate terms in which case such separate terms will govern its use.
- While using the Wizely Application, the Platform or whilst availing any of the Services:
- You shall not carry out any activity, which is banned, illegal or immoral.
- You shall not use the Services in any manner or in furtherance of any activity, which constitutes a violation of any law or regulation, or which may cause Wizely to be subject to investigation, prosecution or legal action, including activities online prohibited by applicable laws.
- You will comply with all laws, rules and regulations and shall at all times comply with the guidelines set by any and all Service Providers and/ or Banking Partners.
- You will ensure that you do not impersonate any other person whilst availing the Services and do not use the Services for any illegal purposes.
- You shall bear and be responsible for the payment of all relevant taxes (including any applicable withholding taxes) as may be due.
- You shall not misuse any of the online payment mechanisms for personal gain, for illegal purposes, illegal gains or in any other manner which is inconsistent with any Company policies
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User access and consent to use of data
By downloading and registering with the Wizely Application, you represent that you are not barred by any law, in any jurisdiction or bound by any agreement that restricts your rights to access, download and register with the Wizely Application and to make payments through the Wizely Application. In order to register with the Wizely Application, you will have to provide your name, mobile number, email id, other information required for your authentication and such other details as we may require from time to time. You will ensure that any information provided for registration with the Wizely Application are your own and do not belong to any third party and that they are valid and existing details. You will solely be responsible for all usage or activity in your account after registration with the Wizely Application, including use of the account by any third party authorized by you. You will immediately notify the Company at grievances@wizely.in of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security. The Company will not be liable for any losses caused to you, whether directly or indirectly for any unauthorised use of your account or the Wizely Application or for your failure or delay to intimate us of known or suspected unauthorized use(s) of your account or the Wizely Application or any known or suspected breach of security.
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The collection, storage, use and sharing of your personal information , and other financial information will be in accordance with the Privacy Policy of the Platform.
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Registration and Use
- Subject to the eligibility criteria set out above, we reserve the membership and rights of admission to the Platform and the Services. Each Registered User must create at the time of registration a Platform Account in order to avail the Services provided via the Platform.
- You are required to complete the online registration process by furnishing true, accurate, up-to-date and complete personal information including your name as per your PAN card, a valid phone number, valid and functional email address and any other additional information that the RBI or any applicable rules or regulations may prescribe to be necessary to satisfy Know Your Customer norms (“KYC”) or other information as we may deem necessary (“Registration Information”). You understand and agree that Wizely reserves the right to take all steps necessary to ensure compliance with all applicable KYC and legal requirements, when required.
- You shall bear in mind we and our automated system solely rely on the Registration Information provided by you so as to provide efficient and effective services to you, and we bear no liability for any false, incomplete, dated or incorrect Registration Information provided by you.
- In the event of any change in the Registration Information provided by you, you agree to promptly and duly update the said information so as to ensure that the communications we intend to send to you are promptly delivered to you and are not sent to any other entity/third party.
- During the registration process, you authorize us to access one-time password (OTP) SMS which will be sent to you to enhance your Service experiences. Further, you authorize us to access your banking transaction SMS for the sole purpose of providing the Services to you. Such collated information will be stored at Wizely’s servers in order to provide you such Services and will be removed from our servers once you delete your account with Wizely.
- Please read our Privacy Policy available here, which also governs your visit to our Website and use of the Wizely Application, to understand our practices and is considered to be a part of these Terms and Conditions.
- In the event of your becoming aware of any unauthorized access or misuse of your membership account/information, you shall forthwith notify us at support@wizely.in We will be not liable for any loss or damage arising from your failure to comply with this requirement.
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Services & Contests on Wizely
- Fixed Deposits
- Through this Platform, we enable Registered Users to explore, compare, select, and monitor investments in fixed deposits offered by banks and non-banking financial corporations (NBFCs) that are partnered with Wizely or its Service Providers.
- To invest in fixed deposits using the Platform, Registered Users can utilize the comparison tools available and proceed with booking fixed deposits through SDK or API integrations facilitated by third parties (such as Business Correspondents or Direct Selling Agents) or Banking Partners or Service Providers.
- The Platform’s functionality relies on an active internet connection. For instance, features such as notifications depend on the device’s system settings and require a stable internet connection. To fully utilize the services available on the Platform, Registered Users must ensure that their devices maintain consistent internet access for proper functionality.
- All fixed deposit bookings must be completed via the Platform. Registered Users can make payments through their individual bank accounts, and upon the maturity of the fixed deposit, (i) the principal amount along with any applicable interest will be credited back to the same bank account used for payment or (ii) principal amount with the applicable interest can be re-invested. Please note that all investments are subject to market risks, and Registered Users are encouraged to read the relevant documents thoroughly and conduct an independent evaluation before investing.
- Digital Gold
- Our Digital Gold Partner i.e., “Safe Gold” which is operated and managed by ‘Digital Gold India Private Limited’, is a company incorporated under the Companies Act, 2013 with its registered office at 1902 Tower B, Peninsula Business Park, Ganpatrao Kadam Marg, Lower Parel, Mumbai, Maharashtra 400013, (hereinafter “DGIPL”).
- Our Platform facilitates the Registered Users to avail the services offered by our Digital Gold Partner.
- Before availing the services provided by the Digital Gold Partner, and before buying the gold, we recommend the Registered Users to carefully read the Terms of Use and Privacy Policy of the Digital Gold Partner (collectively “Safe Gold Terms”) to fully understand the associated risks and obligations involved.
- You, the Registered User, understands that Wizely has partnered with the Digital Gold Partner to enable the Registered Users to access the services provided by the Digital Gold Partner via the Wizely App. The Registered User understands that Wizely does not in any way endorse any of the products or services provided by the Digital Gold Partner in any manner and that it is the Registered Users sole decision to purchase digital gold.
- Nothing contained herein should be considered as any investment related advice. Wizely is merely a Platform that allows the Registered Users to access the products and services provided by different partners.
- You acknowledge that any disputes or claims that arise in relation to the products/ services offered to you by Safe Gold shall be raised directly between DGIPL and the Registered Users. Wizely will have no role to play in any of the disputes.
- You hereby agree and acknowledge that the data and information provided on the Platform does not constitute advice of any nature whatsoever and shall not be relied upon by you while making investment decisions and you shall be solely responsible for any investment decisions and for the purchase of any digital gold on our Platform. In no event shall Wizely be liable to you for any loss or damage that may cause or arise from or in relation to our Terms and Conditions and/or due to use of this Platform or due to investments made using this Platform.
- You acknowledge that the digital gold services offered on our Platform are for your personal use and you agree not to publish the gold prices or descriptions of gold and/or any other information displayed on the Platform (in lieu of your access to the Platform) on any other medium. You agree to use the Platform only: (a) for purposes that are permitted by our Terms and Conditions; and (b) in accordance with any applicable law, regulation or generally accepted practices or guidelines.
- At the time of purchase, fulfillment sale and/or transfer of digital gold, the relevant taxes will be chargeable as applicable as per the Government regulations. However, please note that the detailed payment terms, delivery, warranty and cancellation and refund policy and other payment policy are subject to the terms and conditions of Safegold which can be accessed at https://www.safegold.com/terms-of-use
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Disclaimers
- You understand that we do not provide any banking or financial services. All Services are provided through our Service Providers or Banking Partners listed on the Platform. Accordingly, the Company is not liable or responsible for any of the services provided by the Service Providers or Banking Partners. You understand that you shall continue to be bound by the specific terms and conditions of each of the Service Providers applicable to the Services made available via the Platform.
- We are not responsible if information made available on the Platform by the Service Providers or Banking Partners is not accurate, complete or correct. The material on the Platform is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on the Platform is at the User’s own risk. .
- The Registered User understands that the Company does not provide you with any certification, guarantee, warranty or professional advice for the Services. By accessing, browsing or using the Services, you acknowledge that you understand this limited use and that you will not rely on the information and materials provided to you for any purpose except as they are intended. Use of the Services is not a replacement for personal or professional advice or assistance regarding your finances or credit history.
- We expressly disclaim all warranties, whether express, implied or statutory, regarding the Services including without limitation any warranty of merchantability, fitness for a particular purpose, title, security, accuracy, and non-infringement.
- If you intend to use the features available in respect of the Services, you shall make an informed decision about submitting your personally identifiable information. We shall take every reasonable effort to not share any of the personally identifiable information submitted by you to any third party, except as required under our business model, the RBI and other applicable laws or to the limited extent necessary for us to provide you access to the Platform.
- The Registered User understands that the Platform is only a technology-based platform that enables the Registered User to avail of banking and other savings products & services. In addition to these terms and conditions, the Registered User shall continue to be bound by the terms and conditions of the Banking Partners and/or Service Providers whose services a Registered User avails.
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Additional Terms and Conditions
- You expressly agree that the usage of the Wizely Application may be monitored, tracked and recorded. We reserve the right in our sole discretion to review the activity and status of each account and block the account based on such review, if need be.
- As long as you are a Registered User of the Wizely Application, you hereby confirm that you do not have any objection to receiving communications from us and/or other Registered Users of the Wizely Application. This consent extends to emails, SMS, WhatsApp, or other texting service messages or telephone calls relating to phone number verification, the provision of services, related inquiries and promotions. You confirm that the content and information including the personal information provided by you are correct and accurate. In addition, you will ensure that the name provided by you at the time of registration is as per your PAN card.
- As a registered user of Wizely Application, you expressly agree that you do not object to receiving promotional content about our partners products and services in the form of notifications, SMS, emails, and/or calls through Wizely Application and/or other available communication channels. This consent extends to viewing advertisements, pop-ups and banners from our partners on Wizely Application. You also agree and understand that Wizely Application does not take any responsibility for content hosted by our partners. Accessing products and services of our partners through Wizely Application is completely voluntary in nature and upon accessing such third-party links by “clicking” on them, You expressly agree to their terms and conditions.
- You are strictly prohibited from unauthorized use of the Wizely Application, including unauthorized entry into our systems, misuse of authentication information, or misuse of any information posted to the Wizely Application or other communications made to you. We reserve the right to take immediate steps as deemed appropriate in our sole discretion in order to protect the Wizely Application and/or our other Registered Users against any abuse/misuse.
- We reserve the right to screen communications that you may make/upload/publish and also regulate the same by deleting unwarranted/abusive communications/advertisements at any time at our sole discretion without prior notice to you.
- As a Registered User of the Wizely Application, you are expected to exercise precautions for your own privacy and safety, such as not sharing account information or transaction details, not sharing OTPs, personal data or information etc.
- We may share information with third parties who perform services on our behalf. We share information with our vendors who help us manage our online registration process or payment processors or transactional message processors. Some vendors may be located outside of India. We may share information with third parties and/or business partners who fulfill purchase and/or financial obligations. Such third parties may use the information we give them as described in their privacy policies. We are not responsible for these third-party websites/privacy policies. We encourage you to read the privacy policies of such other third party websites carefully.
- We may collect and use your geographic location data for the purpose of creating your account or of issuing a GST invoice, if applicable and to personalize and improve the Services provided to you.
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NO WARRANTY
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE WIZELY APPLICATION IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APP AND ANY SERVICES PERFORMED OR PROVIDED BY OR THROUGH THE APP ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND WIZELY HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE APP AND ANY SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. WIZLEY DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE APP, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE APP WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE WIZELY APPLICATION OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE APP WILL BE CORRECTED. SHOULD THE APP OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, IN SUCH CASES THE ABOVE EXCLUSION AND LIMITATIONS WILL APPLY TO YOU TO THE EXTENT PERMISSIBLE BY LAW.
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LIMITATION OF LIABILITY
IN NO EVENT SHALL WIZELY OR ANY OF ITS SUBSIDIARIES OR AFFILIATES BE LIABLE TO YOU OR ANY PERSON FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM) THAT ARE RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SERVICES AND FUNCTIONS OF THE APP OR ANY LINKED WEB SITE/ MOBILE APP, EVEN IF WIZELY IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
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Dispute Resolution
In the event of any controversy or dispute between Wizely and you arising out of or in connection with your use of the App, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then the parties shall submit themselves to binding arbitration to be conducted at Pune in accordance with the provisions of the Arbitration and Conciliation Act, 1996.
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Termination
10.1 We reserve the right to terminate the Services, the Platform or any other feature on the Platform. We assume no liability whatsoever, direct or indirect for termination or suspension of our Services or for changing/ altering the Wizely Application.
10.2 You may choose to avail the Services provided by the Banking Partners or other Service Providers directly.
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Jurisdiction and Choice of Law
Any dispute arising out of these Terms shall be subject to the exclusive jurisdiction of the courts at Pune, India. These Terms shall be governed by the laws of the Republic of India without giving effect to its conflict of laws provisions.
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Severability
If for any reason a court of competent jurisdiction finds any provision or portion of these Terms and Conditions to be unenforceable, the remainder of these Terms and Conditions will continue in full force and effect.
Please email us at contactus@wizely.in if you have any questions regarding these Terms and Conditions.
I HAVE READ THESE TERMS AND CONDITIONS AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.