THESE TERMS OF SERVICES IS AN ELECTRONIC RECORD IN THE FORM OF AN ELECTRONIC CONTRACT FORMED UNDER APPLICABLE LAWS AND THE PROVISIONS PERTAINING TO ELECTRONIC DOCUMENTS / RECORDS IN VARIOUS STATUTES. THIS TERMS OF SERVICE DOES NOT REQUIRE ANY PHYSICAL, ELECTRONIC OR DIGITAL SIGNATURE
PLEASE READ THIS TERMS OF SERVICE CAREFULLY. BY USING THE PLATFORM, YOU INDICATE THAT YOU UNDERSTAND, AGREE AND CONSENT TO THIS TERMS OF SERVICE. IF YOU DO NOT AGREE WITH THE TERMS OF THESE TERMS OF SERVICE, PLEASE DO NOT USE THE PLATFORM OR SERVICES.
This Terms of Service ofthe website located at the URL www.insurfin.in and other associated/ancillary applications, products, websites and services and all other variations andsub-domains of the same (collectively referred to as “Platform”) is between Achanchal Insurtech Solutions Private Limited (referred as “Company” or “we” or “us” or “our"), and the registered Associates, defined to include any person who registers himself/herself/itself on the Platform and holds an Account on the Platform or a visitor on the Platform, as the case may be(referred as "you" or "your" or “Associate”). These Terms and Conditions describe the terms on which Company offers Services.
These Terms and Conditions area contract between you and the Company. This Terms of Service shall be read together with the Privacy Policy available on https://www.insurfin.in/privacy_policy or other terms and condition with all other notices, disclaimers, guidelines appearing on the Platform from time to time (collectively referred to as "Terms and Conditions") constitute the entire agreement upon which you are allowed to access and use the Platform and avail the Services. By accessing the Platform, you are agreeing to be bound by these Terms and Conditions, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. Your continued use of the Platform shall constitute your acceptance to the Terms and Conditions, as revised from time to time.
You and the Company shall hereinafter be individually referred to as a “Party” and collectively as the “Parties.
1) CLICK TO ACCEPT
Before using certain areas of the Platform you maybe asked to indicate your acceptance of additional special terms and conditions by clicking a button marked "I Accept" "I Agree" "Okay" "I Consent" or other words or actions that similarly acknowledge your consent or acceptance of a Click-Through Terms and Conditions or you may indicate your acceptance by executing a statement of work “Statement of Work” form issued by the Company. Any consent so provided by you will be deemed to be valid consent under all applicable laws.
2) UPDATION OF TERMS AND CONDITIONS
Your use of the Platform is subject to the Terms and Conditions, which may be updated, amended, modified, or revised by us from time to time. To ensure that you are aware of any additions, revisions, amendments, or modifications that we may have made to these Terms and Conditions, it is important for you to refer to the Terms and Conditions from time to time. The updated Terms and Conditions shall be effective immediately and shall supersede these. We may, but shall not be under an obligation to notify you of any changes to the Terms and Conditions. You shall be solely responsible for reviewing the Terms and Conditions from time to time for any modifications. If you continue to use the Platform and/or Services after the updated Terms and Conditions have been published, it shall be deemed that you have read and understood and accept the updated Terms and Conditions. Any reference to Terms of Service herein shall refer to the latest version of the Terms of Service.
3) SERVICES
The Company is building a solution for the insurance distributor (individual agent/PoSP agent of insurance brokers or corporate agents or insurance marketing firms)to help manage the policy-holders by facilitating credit for purchase of insurance policies, and create an insurance policy repository of existing policies of the Customer.
The Company provides a software as a service solution for the insurance distributor, i.e., you, wherein they can help finance the premium, help create an insurance policy repository of existing policies for the customer of the Associate (“Customer”).
Company reserves the right to update the Platform and /or Services, in order to, inter alia, introduce new features or Services, enhance existing features or Services, improve Associate experience and performance. You hereby agree that Company will be able to provide support services only if you install all the updates upon receiving notifications while using the Platform and its Services.
4) ELIGIBILITY AND ACCOUNT REGISTRATION
a) By accessing or registering with the Platform, you affirm that you are licensed under the Insurance Regulatory and Development Authority of India (IRDAI).
b) By using the Platform, you affirm that you are fully able and competent to accept the Terms and Conditions and the obligations, affirmations, representations, warranties set forth in the Terms and Conditions, and to abide by and comply with the terms stated therein. Registration of Associate in the Platform is available only to persons who can form legally binding contracts. Persons who are “incompetent to contract” including un-discharged insolvents, or person with unsound mind etc., as per the applicable law are not eligible to use the Platform.
c) You must register an account on the Platform (an “Account”). The Company provides a self-service product wherein Associates can directly onboard themselves via www.insurfin.in. For higher customization requirements within our capabilities, we can be reached out via contact@insurfin.in.
d) When you register on the Platform and set up your Account, you must: (i) provide accurate and complete information;(ii) promptly update your Account information with any new information that may affect the operation of your Account; (iii) authorize Company to make any inquiries we consider necessary or appropriate to verify your Account information or the information you provide to us via the Platform including document proofs or copies or any such information as required mandatorily by applicable law that need to be provided to us; and (iv) acknowledge and accept any applicable policies, including but not limited to those pertaining to service quality, confidentiality, Associate integrity, anti-harassment and conflict of interest. You will not use false identities or impersonate any other person or use another account that you are not authorized to use on any computer, mobile phone, tablet, or other device (collectively “Device”).
e) You are responsible for safeguarding and maintaining the confidentiality of your Account information. You agree not to disclose your Account information to any third party and that you are entirely and solely responsible for any and all activities or actions that occur pursuant to the use of your Account on the Platform, whether or not you have authorized such activities or actions. You will immediately notify Company of any unauthorized use of your Account. You may be held liable for losses incurred by Company due to authorized or unauthorized use of your Account as a result of your failure in keeping your Account Information secure and confidential.
f) If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, in accurate, not current or incomplete), or Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Company has the right to suspend or terminate your Account and refuse any and all current or future use of the Platform / Services (or any portion thereof).
5) PLATFORM LICENSE
a) Subject to your compliance with these Terms, Company grants you a limited license, non-exclusive, non-transferable license, revocable: (i) to view, download and print any content of Platform solely for their internal purposes; and (ii) to access, modify, edit, and download any transactional content, to which you are permitted access solely for your use. You have no right to sublicense the license rights granted herein.
b) You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Platform and Services, except as expressly permitted in the Terms. No licenses or rights are granted to you by implication or otherwise under any Intellectual Property Rights owned or controlled by Company or its licensors, except for the licenses and rights expressly granted in the Terms. The Platform and the Intellectual Property Rights vested therein is owned by Company.
c) You agree that this Platform and its Services are made available to you on a non-exclusive, non-transferable, non-sublicensable, revocable and on a limited license basis and hence, you will not permit, enable, introduce or facilitate other persons to participate in availing Services from your Account, including others who may be subject to an agreement that is the same or similar to this Terms and Conditions.
6) FEES AND PRICING
Fees and pricing shall be in accordance with the Statement of Work executed separately between us and you.
7) REFUND AND CANCELLATION
In case of a concern, Associates can reach out via email at contact@insurfin.in and the team can internally evaluate grievances to process refunds/cancellations.
Amount once paid for availing of a Service will not be refunded, unless the amount has been paid in excess, or transaction has got aborted due to technical error.
In cases, where the Company has made payouts to Associates for selling the product, and the product has subsequently got cancelled, the Associates will have to refund the product commission.
8) ONBOARDING OF CUSTOMERS
The Associate represents and warrants that they have lawfully obtained consent from the Customer before disclosing any Customer’s information to the Company. The Associate shall be solely responsible and liable for any breaches or consequences arising from the disclosure of Customer’s information, affirming responsibility for ensuring the legality and proper authorization in sharing such Customer’s information with the Company.
Onboarding Process:
i. TheAssociate will have discussions with the Customer regarding the services and the processes.
ii. TheCustomers shall provide their details that are required by the Associate for onboarding on our Platform.
iii. E-mail verification will be done, and the Terms of Service and Privacy Policy shall be shared with the Customer over the email.
iv. Geo-location verification of the Customer will be done.
v. Customer shall then, access the Platform and upload their KYC documents, in case not already done, and complete the KYC verification.
Associate shall ensure that the Customer has duly read, fully understood and consented to the Company’s Terms and Conditions. Customer hereby acknowledges, agrees, and gives consent to these Terms and Conditions. This consent provided by the Customer will be deemed to be valid consent under all applicable laws.
The Customer hereby confirms and understands that this onboarding and entering of data on ourPlatform is to avail a loan or a credit from one or more lending partners(“Lending Partner” or “NBFC”) using the Services provided by us.
The Customer hereby understands and acknowledges that the information requested from them is used for the various purposes in a manner as set out in our Privacy Policy, including for the purposes of us / Associates complying with various laws, regulations and guidelines (including Know Your Customer (KYC) norms /Anti-Money Laundering (AML) standards / Combating of Financing of Terrorism(CFT) / Obligation of banks under the Prevention of Money Laundering Act, 2002)promulgated by the Government of India from time to time. Customer further acknowledges that if you do not provide the requested information on ourPlatform or to the concerned Associates, it will not be possible to provide or continue its / their services to the Customer.
The Customer confirms thatall the information that is uploaded and is provided on the Platform is true, accurate, correct and not misleading. The Customer agrees to provide any further information and details on the Platform or to theAssociates as is required for rendering the Services, from time to time.
The Customer hereby agrees and confirms that when a loan is being applied for, we may on behalf of theLending Partners, check your records, and any other information available with us, including those from the credit information companies and those at fraud prevention agencies, to assess the credit worthiness of the Customer, in addition to verifying their identity.
The Customer also agrees that if they avail any loans through us, the Customer will not (i) use the proceeds thereof for any purpose other than as declared to us or our Lending Partners,(ii) accept or attempt to receive the credit facility in the form of cash or any other means, (iii) use the Services in violation of applicable law or (iv)circumvent or attempt to circumvent the provisions of any terms that apply to you or act in a manner that is fraudulent, malicious or otherwise prejudicialto our reputation direct or indirect interests in relation to the Services.
The Lender Partner also has the right, and obligation, to report Customer’s details to credit information companies in the event that the Customer has delayed repaying their loan instalment.
The Customer acknowledge that we do not lend any money directly to the Customer, but arranges the loan for Customers from one or more Lending Partners.
The Customer understands that sanction of the loan(s) is at the sole discretion of the Lending Partners/NBFCs / banks and is subject to the Customer’s and Associate’s execution of necessary documents, providing any security(ies) and other closing formalities to the satisfaction of the concerned Lending Partner. The Customer agrees that the Lending Partners at its sole discretion may reject the Customer’s application without providing any reasons, and that we reserve no right to appeal against this decision.
The Customer acknowledges and agrees that these Terms and Conditions are binding and enforceable by both the Company and the Lender even after termination. Furthermore, the Customer acknowledges that both the Company and the Lender will collaborate and co-operate with each other in the enforcement of these Terms and Conditions against the Customer.
9) RULES AND CODE OF CONDUCT
a) You shall not use the Platform for any purpose that is prohibited by the Terms; or other rules or policies implemented by us from time to time.
b) You shall comply with all applicable local, provincial laws, and regulations in connection with your availing of the Services.
c) You shall keep Company informed of any technical issues or problems with the Platform, as and when the issues develop.
d) By way of example, and not as a limitation, you shall not (and shall not permit any third party to) take any action (including without limitation host, display, upload, modify, publish, transmit, store, update or sharing of information) that: (i) would constitute a violation of any applicable law, rule or regulation or belongs to another person; (ii) infringes on any intellectual property or other right of any other person or entity; (iii) is threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent; or (iv) impersonates any person or entity (v)deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact, (vi) contain ssoftware virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource or (vii)is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person;(viii) threatens the unity, integrity, defence, security or sovereignty of the country, friendly relations with foreign states or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation; and (ix) is hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; (x) harms minors in any manner.
e) Furthermore, you shall not (directly or indirectly): (i) take any action that imposes or may impose an unreasonable or disproportionately large load on Company’s (or its third party providers’)infrastructure; (ii) interfere or attempt to interfere with the proper working of the Platform or any activities conducted on the Platform; (iii) bypass any measures we may use to prevent or restrict access to the Platform (or parts there of); (iv) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Platform, except to the limited extent applicable laws specifically prohibit such restriction; (v) modify, translate, or otherwise create derivative works of any part of the Platform; or (vi) copy, rent, lease, distribute, or otherwise transfer any or all of the rights that you receive hereunder.
f) The Company shall, upon obtaining knowledge by itself or been brought to actual knowledge by an affected person in writing or through email about any information as mentioned above transmitted by the Associate on the Platform, be entitled to disable such information that is in contravention of this Clause. We shall also be entitled to preserve such information and associated records for such period as required under applicable laws for production to governmental authorities for investigation purposes.
g) You will not access the Platform, and/or its services, or the personal information of other Associates, available on the Platform in order to build a similar or competitive website, product, or service.
h) If are an Individual, you will not access the Platform and/or its services for the purpose of hiring, recruiting or inviting any other Associate to attend any program, event, function, seminar, conference, talk, etc.
i) You agree to immediately notify us of any unauthorised use, or suspected unauthorized use of your Account, or any other breach of security, in relation to your personal information on the Platform.
j) One Account shall not be used by more than one Associate. Any use of an Account by a third-party would deem to be unauthorised usage. The Company reserves the right to disable any such Account from the Platform.
k) The Company reserves the right to disable any Account from the Platform at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities; or if Company is concerned that you may have violated the Terms of Use), or for no reason at all with or without notice to the Associate/Associates.
10) USE OF YOUR INFORMATION
a) You may provide only information that you own or have the right to use. We may only use the information you provide as permitted by our Privacy Policy and applicable law. Please closely review our Privacy Policy for more information regarding how we use and disclose your personal information. Our Privacy Policy is hereby incorporated into these Terms of Service by this reference.
b) We ensure easy access to the Associates by providing an option to update your Account information. We reserve the right to moderate the changes or updates requested by you.
c) We reserve the right to maintain, delete or destroy all information and materials posted or uploaded through the Services, pursuant to our internal record retention and/or destruction policies. We (may/may not) make use of third-party cloud services providers or use our own service infrastructure for hosting the servers and databases. While we make commercially reasonable efforts to ensure that the data stored on our servers is persistent and always available to the Associate, we will not be responsible in the event of failure of the third-party servers or any other factors outside our reasonable control that may cause the Associate’s data to be permanently deleted, irretrievable, or temporarily inaccessible.
d) You acknowledge and agree that we may preserve your information and may also disclose your related information if required to do so by law; or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms and Conditions;(c) respond to claims that any of your usage of the Platform violates the rights of third parties; (d) detect, prevent, or otherwise address fraud, security or technical issues; or (e) protect the rights, property, or personal safety of the Platform, its Associates, or the public.
e) You agree and acknowledge that it is your responsibility to inform and ensure that the Customers are aware of our Privacy Policy and agree to it. You shall ensure that you and the Customers are at all times, compliance with the Company policies, Terms of Service and Privacy Policy.
f) We may disclose or transfer Associate information to our affiliates or governmental authorities in such manner as permitted or if required by applicable law, and you hereby consent to such transfer.
g) In accordance with the applicable laws, we may transfer your Information to any other body corporate or a person in India, or located in any other country, that ensures the same level of data protection that is adhered to by us, only if such transfer is necessary for the performance of the lawful contract between Company or any person on its behalf and the Associate or where the Associate has consented to data transfer.
11) THIRD PARTY SITES
a) While availing Services, Associates may connect with third-party service providers. The Company is not responsible for, and does not endorse, any third-party services mentioned on the Platform.It is hereby stated that Company shall in no way be responsible for any acts or omissions of third parties. Any transaction, dealings or communication otherwise that the Associate may have with such third parties are at the Associate’ sown risk and we make no warranties, express or implied regarding the quality or suitability of the services or products of such third-party vendors. You may be redirected to a third-party website upon clicking on such links, these web sites will be governed by its privacy policy and terms of use. We shall not be responsible for any transaction or dissemination of information that may take place while accessing these third-party websites.
b) We attempt to be as accurate as possible. However, we do not warrant those descriptions of our content or other content of this site is accurate, complete, reliable, current, or error-free. Also, your access to the Platform may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or at any time without prior notice. We will attempt to limit the frequency and duration of any such suspension or restriction. We also provide links to other sites over which we have no control. We are not responsible for the availability of such external sites or resources, and we do not endorse and are not responsible or liable for any content, advertising, products or other material on or available from such sites or resources.
c) We cannot and will not assure that other Associates are or will be complying with the foregoing rules or any other provisions of these Terms, and, as between you and us, you hereby assume all risk of harm or injury resulting from any such lack of compliance.
d) You acknowledge that when you access a link that leaves the services, the site you will enter into is not controlled by us and different terms of use and privacy policy may apply. By assessing links to other sites, you acknowledge that we are not responsible for those sites. We reserve the right to disable links to and / or from third-party sites to the Services, although we are under no obligation to do so.
12) INTELLECTUAL PROPERTY
a) Company shall own all right, title and interest (including patent rights, copyrights, trade secret rights, mask work rights, trademark rights and all other rights of any sort throughout the world) relating to any and all inventions (whether or not patentable), works of authorship, mask works, designations, designs, know-how, the Platform, the content of the Platform, ideas and information, google text chats which are subject matter of services (collectively referred to as “Intellectual Properties”).
b) Notwithstanding anything contained in this Terms and Conditions, rights to the Intellectual Properties include all rights of paternity, integrity, disclosure and withdrawal and any other rights (“Intellectual Property Rights”).
c) The Associate shall not be entitled to any ownership or any other right on the Intellectual Property of Company and shall undertake not to put Company’s Intellectual Property to any use for any purpose whatsoever in breach of this Agreement in any manner. The Associate shall not use it, disclose or allow the use of Company’s Intellectual Property by any third party nor shall the Associate have any claim or right whatsoever therein.
d) Any breach of this provision shall be considered as a material breach of this Agreement and the Company shall be entitled to seek injunctive or other equitable relief, in addition to other remedies available to it under law.
13) CONFIDENTIALITY
The Associate agrees to keep all technical and non-technical information, which Company may have acquired before or after the date of this Terms and Conditions in relation to the technology, customers, business, operations, financial conditions, assets or affairs of the other Party resulting from negotiating this Terms and Conditions; or exercising its rights or performing its obligations under this Terms and Conditions; or which relates to the contents of this Terms and Conditions (or any agreement or arrangement entered into pursuant to this Terms and Conditions), including but not limited to business plans, business forecasts, research, technology and financial information, procurement requirements, purchasing requirements, manufacturing, customer lists, sales and merchandising efforts, marketing plans, experimental work, development, design details, specifications, engineering, copyrights, trade secrets, proprietary information, know-how, processes, equipment, algorithms, software programs, software source documents, and information in any way related to the current, future and proposed business, products and Services of Company confidential or any other information designated as confidential from time to time.
Notwithstanding anything in the foregoing to the contrary, confidential information shall not include information which: (i) was known by the Associate prior to receiving the confidential information from Company; (b) becomes rightfully known to the Associate from a third-party source not known (after diligent inquiry) by the Associate to be under an obligation to Company to maintain confidentiality; (c) is or becomes publicly available through no fault of or failure to act by the Associate in breach of this Terms and Conditions; (d) is required to be disclosed in a judicial or administrative proceeding, or is otherwise requested or required to be disclosed by law or regulation.
14) RIGHTS AND OBLIGATIONS RELATING TO THE USAGE OF THE PLATFORM
Associates shall be prohibited from carrying out any illegal acts in the Platform including but not limited to acts mentioned below:
· violating or attempting to violate the integrity or security of the Platform;
· transmitting any information on or through the Platform that is disruptive or competitive to the provision of our Services;
· intentionally submitting on the Platform any incomplete, false or inaccurate information;
· making any unsolicited communications to other Associates;
· using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Platform;
· circumventing or disabling any digital rights management, usage rules, or other security features of the Platform.
· Any unlawful activities in the Platform which are prohibited by applicable laws.
The Company shall, upon obtaining knowledge by itself or been brought to actual knowledge by an affected person in writing or through email signed with electronic signature about any such information as mentioned above, be entitled to disable such information that is in contravention of this Clause. We shall also be entitled to preserve such information and associated records for such period as prescribed under applicable laws for production to governmental authorities for investigation purposes. In case of non-compliance with any applicable laws, rules or regulations, or the Terms and Conditions by an Associate, we shall have the right to immediately terminate your access or usage rights to the Platform and Services and to remove non-compliant information from the Platform.
We may disclose or transfer Associate-generated information to our affiliates or governmental authorities in such manner as permitted or required by applicable law, and you hereby consent to such transfer. In accordance with the applicable laws, we shall transfer Information, to any other body corporate or a person in India, or located in any other country, that ensures the same level of data protection that is adhered to by us, only if such transfer is necessary for the performance of the lawful contract between Company or any person on its behalf and the Associate or where the Associate has consented to data transfer.
15)SUSPENSION AND TERMINATION
a) These Terms and Conditions are effective unless and until terminated by either you or Company. You may terminate these Terms and Conditions at any time by notifying us that you no longer wish to use our Services, or when you cease using our Platform.
b) We have the right to temporarily suspend access to the whole or any part of the Services for any reason whatsoever (including but not limited to technical/operational reasons) and shall be under no liability to you in such an event. Further, we may, but are not obliged to, give you notice of any interruption of access to the Service.
c) We may temporarily suspend access to the whole or any part of the Services for pre-scheduled maintenance. The Company will endeavor to communicate to you the intent to temporarily suspend access for pre-scheduled maintenance in advance via phone number/email to the contact details provided by you upon creation of your Account. If you choose to access the Platform or avail Services during such pre-scheduled maintenance, we cannot guarantee the availability of the Services and/or functionality of the Platform.
d) We may terminate your usage of the Platform at any time for any reason, including breach of the Terms and Conditions. We have the right (but not the obligation) to refuse to grant access to Platform. Except for the rights and license granted in these terms, we reserve all other rights and grant no other rights or licenses, implied or otherwise.
e) Once temporarily suspended, indefinitely suspended or terminated, the Associate may not continue to use the Platform under the same account, a different account or re-register under a new account. On termination of an account due to the reasons mentioned herein, such Associate shall no longer have access to data, messages and other material kept on the Platform by such Associate. All provisions of the Terms and Conditions, which by their nature should survive termination, shall survive termination, including, without limitation, warranty disclaimers, indemnity and limitations of liability.
f) In the event of any termination of this Terms and Conditions or the Statement of Work by either party, the parties shall promptly and forthwith settle any and all accounts that are due and accrued to each other.
g) Upon termination of this Terms and Conditions, any rights or obligations of the Associate existing at the time of expiration or termination, which, by their nature, survive the expiration or termination of this Terms and Conditions and such other provision as specifically identified in this Terms and Conditions, shall survive.
16) ALERTS
a) The Company provides you with multiple automatic and/or customised alerts while providing Services.
b) You understand and agree that any alerts provided to you through the Platform may be delayed or prevented by a variety of factors. We will do our best to provide alerts in a timely manner with accurate information. However, we neither guarantee the delivery nor the accuracy of the content of any alert. You also agree that we shall not be liable for any delays, failure to deliver, or misdirected delivery of any alert; for any errors in the content of an alert; or for any actions taken or not taken by you or any third party in reliance on an alert.
17) CONTACT YOU
a) You agree that we may contact you through telephone, email, SMS, or any other means of communication for the purpose of:
· Rendering Services
· Obtaining feedback in relation to Platform or our Services;
· Obtaining feedback in relation to any other Associates listed on the Platform;
· Any events or initiatives that you may be interested in as part of the community of Associates
· Resolving any complaints, information, or queries by other Associates regarding your critical content.
b) You agree to provide your fullest co-operation further to such communication by Company.
18) DISCLAIMERS
a) THE SERVICE RENDERED ON COMPANY'S PLATFORM ARE PROVIDED "ASIS" AND “AS AVAILABLE”. COMPANY MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, AND HEREBYDIS CLAIMS AND NEGATES ALL OTHER WARRANTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER VIOLATION OF RIGHTS. FURTHERMORE, COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE ACCURACY, LIKELY RESULTS, OR RELIABILITY OF THE USE OF THE MATERIALS ON ITS PLATFORM OR OTHERWISE RELATING TO SUCH MATERIALS OR ON ANY SITES LINKED TO THIS SITE.
b) THE COMPANY, ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, SPONSORS AND PARTNERS DO NOT WARRANT THAT: (A) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT ORTHROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS; (E) ANY INFORMATION PROVIDED BY US IN ANY WAY WILL MEET YOUR REQUIREMENTS; OR (F) THE PLATFORM WILL BE FREE OF GLITCHES; ON YOUR USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK.
c) COMPANY DOES NOT WARRANT THAT THE ASSOCIATE WILL BE ABLE TO USE THE PLATFORM/PLATFORM AT ALL TIMES OR LOCATIONS ON THE PLATFORM/PLATFORM OR THAT THE PLATFORM AND THE SERVICES PROVIDED THROUGH THE PLATFORM/PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE.
d) THE MATERIALS AS APPEARING ON THE PLATFORM MAY CONTAIN TYPOGRAPHICAL ERRORS, INACCURACIES OR OMISSIONS. COMPANY RESERVES THE RIGHT, ALTHOUGH IT IS UNDER NO OBLIGATION TO DO SO, TO CORRECT ANY ERRORS, INACCURACIES OR OMISSIONS, AND TO CHANGE OR UPDATE INFORMATION OR MATERIAL AS APPEARING ON THE PLATFORM AT ANY TIME WITHOUT PRIOR NOTICE.
e) WE DO NOT PROMISE TO STORE OR KEEP SHOWING ANY INFORMATION AND CONTENT THAT YOU HAVE POSTED. THE COMPANY DOES NOT PROVIDE A STORAGE SERVICE. YOU AGREE THAT WE HAVE NO OBLIGATION TO STORE, MAINTAIN OR PROVIDE YOU A COPY OF ANY CONTENT OR INFORMATION THAT YOU OR OTHERS PROVIDE, EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW AND AS NOTED IN OUR PRIVACY POLICY.
f) THE ASSOCIATES UNDERSTAND THAT THE COMPANY’S SERVICES DO NOT FALL WITHIN THE PURVIEW OF IRDAI, AND THAT WE DISCLAIM ANY AND ALL RESPONSIBILITIES OF AN ENTITY THAT IS REGISTERED IN THE IRDAI.
g) THE COMPANY IS AN INTERMEDIARY AND ONLY PROVIDES A PLATFORM THAT FACILITATES THE INSURANCE POLICY RELATED ACTIVITIES OF THE ASSOCIATE. THE USAGE THE PLATFORM AND THE ISSUANCE OF THE INSURANCE POLICIES OR PROCESSING OF ANY CLAIM DO NOT FALL WITHIN THE SCOPE OF COMPANY’S SERVICES.
h) OUR COMPANY SHALL NOT BE LIABLE IN ANY FORM OR MANNER WHATSOEVER, FOR ANY CLAIMS, DISPUTES, PROCEEDINGS WHICH MAY ARISE IN CONNECTION WITH THE ENGAGEMENT BETWEEN YOU AND THE CUSTOMERS.
19) INDEMNITY
You shall defend, indemnify, and hold harmless the Company, its affiliates/subsidiaries/joint venture partners and each of its, and its affiliates’/subsidiaries/joint venture partners’ employees, contractors, directors, suppliers and representatives from all liabilities, losses, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to (i) your use or misuse of, or access to, the Services and Platform; or (ii) your violation of the Terms and Conditions; orany applicable law, contract, policy, regulation or other obligation. We reserve the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in connection therewith.
20) LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED UNDER LAW, IN NO EVENT SHALL COMPANY BE LIABLE WHETHER IN TORT (INCLUDING FORNEGLIGENCE OR BREACH OF STATUTORY DUTY), CONTRACT, MISREPRESENTATION, RESTITUTION OR OTHERWISE FOR (I) ANY SPECIAL, INCIDENTAL, INDIRECT ORCONSEQUENTIAL OR OTHER SUCH LOSS OR DAMAGE, INCLUDING BUT NOT LIMITED TO THOSESUCH AS AND/OR RESULTING FROM LOSS OF PROFITS, LOSS OF BUSINESS, BUSINESSINTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, DEPLETION OFGOODWILL, LOSS OR CORRUPTION OF DATA OR INFORMATION, PURE ECONOMIC LOSS AND/ORSIMILAR LOSSES OR DAMAGES OF ANY KIND, HOWSOEVER ARISING IN CONNECTION WITH THESE TERMS, (II) FOR YOUR RELIANCE ON THE SERVICES (III) FOR ANYDIRECT DAMAGES THAT EXCEED Rs. 10,000/-(IV) FOR ANY MATTER BEYOND ITS OR THEIR REASONABLE CONTROL, EVEN IF ASSOCIATES AS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF THIS SECTION WILL NOT APPLY TO ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY LAW.
THE COMPANY HAS NO OBLIGATIONS UNDER THIS CLAUSE TO THE EXTENT THAT ACLAIM IS BASED UPON ANY OF THE FOLLOWING: (A) THE SERVICES OR ANY PART THEREOF HAS BEEN MODIFIED, ALTERED OR CHANGED BY YOU, IN AN UNAUTHORIZED MANNER IF SUCH INFRINGEMENT WOULD HAVEBEEN AVOIDED IN THE ABSENCE OF SUCH MODIFICATION, ALTERATION OR CHANGE; (B) THE COMBINATION, OPERATION OR USE OFTHE SERVICES WITH HARDWARE OR SOFTWAREWHICH WAS NOT PROVIDED OR RECOMMENDED OR AUTHORIZED BY THE COMPANY, IF SUCHINFRINGEMENT WOULD HAVE BEEN AVOIDED IN THE ABSENCE OF SUCH COMBINATION, OPERATION OR USE, (C) YOUR FAILURETO INSTALL OR HAVE INSTALLED AN UPDATE OR UPGRADE CONTAINING DESIGNS TO AVOIDTHIRD PARTY INFRINGEMENT CLAIMS; OR (E)ANY USE OF ANY PART OF THE SERVICES NOTIN ACCORDANCE WITH THIS AGREEMENT.
Our licensors and service providers will have no liability of any kind under these Terms and Conditions. Unless such restriction is prohibited by applicable law, you may not bring any claim under these Terms and Conditions more than twelve (12) months after the cause of action arises.
21) EXEMPTIONS TO LIMITATION OF LIABILITY
You further agree and confirm that Company shall not be responsible, in any manner whatsoever, for any delay/unavailability of Services or failure to meet its obligations under the Terms and Conditions, which may be caused, directly or indirectly, due to:
I. your failure to cooperate;
II. your unavailability and/or unresponsiveness;
III. your failure to provide accurate and complete information;
IV. your failure to provide or facilitate the submission of information in timely manner;
V. any event beyond Company’s reasonable control.
22) UPDATES
We reserve the right, at Our sole discretion, to change, modify, add or remove portions of these Terms of Services, at any time without any prior written notice to you. We suggest that you regularly check these Terms of Services to apprise yourself of any updates. We shall, but are not obligated to, inform you via email of any updates that is made to these Terms of Service. Your continued use of the Platform following the posting of changes will mean that you accept and agree to the revisions. As long as you comply with these Terms of Services, we grant you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Platform.
23) SEVERABILITY AND WAIVER
If any of these terms should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state in which these terms are intended to be effective, then to the extent and within the jurisdiction which that term is illegal, invalid or unenforceable, it shall be severed and deleted and the remaining Terms of Services shall survive, remain in full force and effect and continue to be binding and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
24) FORCE MAJEURE
If the performance of the Party’s obligations hereunder is prevented, restricted or interfered with by reason of fire, or by epidemic or pandemic, or other casualty or accident; strike or labour disputes; war or other violence; or any act or condition beyond the reasonable control of the Parties, or an act of God (each a “Force Majeure Event”), then the Parties shall be excused from such performance to the extent of such prevention, restriction or interference; provided, however, that the Parties shall give prompt notice within a period of three (3) days from the date of occurrence of the Force Majeure Event and providing a description to the other Party of such Force Majeure Event in such notice, including a description, in reasonable specificity, of the cause of the Force Majeure Event and the likely duration of the impact or delay cause by the Force Majeure Event; and provided further that the Parties shall use reasonable efforts to avoid or remove such cause of non-performance and shall continue performance hereunder whenever such causes are removed.
If the Party’s performance of its obligations under this Terms and Conditions is suspended due to the occurrence of a Force Majeure Event for a period in excess of thirty (30) business days, the Parties may defer the performance of Services till such period and in such manner as mutually agreed between the Parties.
25)RELATIONSHIP BETWEEN THE ASSOCIATE AND COMPANY
Nothing in this Terms and Conditions shall be construed to create any relationship between Company and you other than that of a service provider and Associate. You do not have the authority to bind Company in any manner whatsoever.
26) NON-ASSIGNMENT
These Terms and Conditions are personal to you and you shall not assign or transfer or purport to assign or transfer the contract between you and us to any other person.
27) GOVERNING LAW, JURISDICTION AND DISPUTE RESOLUTION
These Terms and Conditions are governed by the laws of India. Any action, suit, or other legal proceeding, which is commenced to resolve any matter arising under or relating to this website, shall be subject to the jurisdiction of the courts at Bangalore, India.
PROHIBITION OF CLASS AND REPRESENTATIVE ACTIONS ANDNON-INDIVIDUALIZED RELIEF: YOU AND THE COMPANY AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND THE COMPANY AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY,INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S).
28) ENTIRE AGREEMENT
The Terms and Conditions are the entire agreement and understanding between you and Company with respect to the Services and usage of Platform.
29) GRIEVANCE REDRESSAL OFFICER
In furtherance of applicable laws including but not limited to the Information Technology Act, 2000 (“IT Act”) and the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (“Intermediary Guidelines”) a grievance officer is appointed to ensure compliance with the IT Act and the Intermediary guidelines.
Any discrepancies or grievances with regard to content and or comment or breach of the Terms of Service shall be taken up with the designated grievance officer as mentioned below in writing or through email signed with the electronic signature to:
Any discrepancies or grievances with regard to content and or comment or breach of the Terms and Conditions shall be taken up with the designated Grievance Officer as mentioned below via in writing or through email signed with the electronic signature to:
Name: Chittaranjan Savadi
Email: Chittaranjan.savadi@insurfin.in
The grievance officer shall revert to every complaint within 24 hours of receipt of the complaint. Further, the Company shall take best possible efforts to redress the complaint within 15 days of receipt of the complaint. Any suggestions by Company regarding use of the Services shall not be construed as a warranty.
30) SUPPORT
The Company offers an email, calling and in-app-based support system. In case you require any assistance or support, you may access support resources or contact oursupport email at contact@insurfin.in . The Company provides Support on Monday– Friday between the hours of 10 a.m. – 6:30 p.m. IST (except public holidays).
The Associate agrees and acknowledges that the Company shall address and attempt to resolve the complaint received in accordance with the standard policies and procedures adopted by the Company, the Associate’s disapproval/discontent with the outcome/mode of redressal shall not be deemed to mean non-redressal of the complaint by the Company. Any suggestions by Company regarding use of theService shall not be construed as a warranty.
In furtherance of the applicable laws including but not limited to Consumer Protection Act 2019 (“ConsumerProtection Act”) and the Consumer Protection (E- Commerce) Rules 2020 (“E-CommerceRules”) a nodal officer is appointed to ensure compliance with the ConsumerProtection Act and the E-Commerce Rules.
The details of the grievance officer towhich consumer grievances can be redressed are as follows;
Name: Chittaranjan Savadi
Email: chittaranjan.savadi@insurfin.in
The Company shall revert to every complaint within 48 hours of receipt of the complaint. Further, the Company shall take best possible efforts to redress the complaint within 30 days of receipt of the complaint. Any suggestions by Company regarding use of the Services shall not be construed as a warranty.
The Associate agrees and acknowledges that the Company shall address and attempt to resolve the complaint received in accordance with the standard policies and procedures adopted by the Company, the Associate’s disapproval/discontent with the outcome/mode of redressal shall not be deemed to mean non-redressal of the complaint by the Company. Any suggestions by Company regarding use of the Service shall not be construed as a warranty.
31) CONTACT
If you have any questions regarding the Services or usage of the Platform, please contact Company at contact@insurfin.in. Please note that for the purpose of validation, you shall be required to provide information (including, but not limited to contact number or registered mobile number, etc.) for the purpose of validation and taking your service request.