PLEASE READ THE TERMS AND CONDITIONS THOROUGHLY AND CAREFULLY.
A. Acceptance of Terms
The Website is currently owned and operated by Insurance Samadhan, having its registered address at R 104 Basement, Greater Kailash 1, New Delhi, 110048.
1. LICENSE TO ACCESS
2. MEMBERSHIP ELIGIBILITY CRITERIA
Use of the Website is available only to individuals who are at least 18 years old and can form legally binding contracts under applicable law. You represent, acknowledge and agree that you are at least 18 years of age, and that: (a) all registration information that you submit is truthful and accurate, (b) you will maintain the accuracy of such information, and (c) your use of the Website and Services offered through this Website do not violate any applicable law or regulation. Your Account (defined below) may be terminated without warning if we at our discretion, believe that you are under the age of 18 or that you are not complying with any applicable laws, rules or regulations.
You need not register with Insurance Samadhan to simply visit and view the Website, but to access and participate in certain features of the Website, you will need to create a password-protected account (“Account”). To create an account, you must register your complaint and submit the details pertaining to your Name, Email address, Mobile no., Policy type and Complaint type through the account registration page on the Website and create a password. You will also have the ability to provide additional optional information, which is not required to register for an account but may be helpful to Insurance Samadhan in providing you with a more customized experience when using the Website.
You shall be solely responsible for all activities that occur on your Account and you shall notify Insurance Samadhan immediately of any breach of security or any unauthorized use of your Account. Similarly, you shall never use another’s Account without Insurance Samadhan’s permission. You agree that you will not misrepresent yourself or represent yourself as another user of the Website and/or the Services offered through the Website.
You hereby expressly acknowledge and agree that you yourself and not Insurance Samadhan will be liable for your losses, damages etc. (whether direct or indirect) caused by an unauthorized use of your Account. Notwithstanding the foregoing, you may be liable for the losses of Insurance Samadhan or others due to such unauthorized use.
An Account holder/ Client is sometimes referred to herein as a “User”.
You acknowledge and agree that you shall comply with the following policies (the “Account Policies”):
You will not copy or distribute any part of the Website in any medium without Insurance Samadhan’s prior written authorization.
You will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose.
You will provide true, accurate, current and complete information when creating your Account and you shall maintain and update such information during the term of this Agreement so that the required information shall continue to remain accurate, true, current and complete.
You shall not in any manual or automated manner collect Service Provider’s or Service User’s information, including but not limited to, names, addresses, phone numbers, or email addresses, copyrighted text, or otherwise misuse or misappropriate Website information or content, including but not limited to, use on a “mirrored”, competitive, or third party site.
You shall not in any way transmit more request messages to the Insurance Samadhan servers, or any server of a Insurance Samadhan subsidiary or affiliate, in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser; provided, however, that the operators of public search engines may use spiders or robots to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such material. Insurance Samadhan reserves the right to revoke these exceptions either generally or in specific cases.
You shall not take any action that (i) unreasonably encumbers or, in Insurance Samadhan’s sole discretion, may unreasonably encumber the Website /company Website’s infrastructure; (ii) interferes or attempts to interfere with the proper working of the company / Website or any third-party participation in the Website; or (iii) bypasses Insurance Samadhan’s measures that are used to prevent or restrict access to the Website.
You agree not to collect or harvest any personally identifiable data, including without limitation, names or other Account information, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes.
3. ADDITIONAL POLICIES
C. Rules for Service Users 1. SERVICE USERS SHALL NOT TAKE ANY OF THE FOLLOWING ACTIONS:
(a) commit to using a Service without paying; (b) sign up for, commit to a price for, use, or otherwise solicit a Service with no intention of following through with your use of or payment for the Service; (c) agree to purchase a Service when you do not meet the Service Provider's terms as outlined in the Posting, or agree to purchase a Service with the intention of disrupting a Posting; or (d) misuse any options made available now or in the future by Insurance Samadhan in connection with the use or purchase of any Service.
2. SANCTIONS FOR VIOLATING ANY OF THE RULES FOR SERVICE USERS
If a Service User violates any of the above-referenced rules, Insurance Samadhan, in its sole discretion, may take any of the following actions: (a) limit the Service User’s Account privileges; (b) suspend the Service User’s Account; and/or (c) decrease the Service User's status earned via the Feedback page.
D. Limitation of our Liability
You hereby release Insurance Samadhan, its officers, directors, agents, and employees from all claims, demands, and damages (actual and consequential) of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of, or in any way, connected with the disputed insurance claim.
We shall in no way be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of the service on the Website. We do not guarantee or take responsibility of your satisfaction with the provided service.
We shall not be liable if any claim arises after the required service is provided by us. All relationships with respect to the availed service between you and us ends once the service is completely provided.
You assume all responsibility and risk with respect to your use of the Website. You understand and agree that, to the fullest extent permitted by law, we disclaim all warranties, representations and endorsements, express or implied, with regard to the site, including, without limitation, implied warranties of title, merchantability, non-infringement and fitness for a particular purpose. We have no duty to update or modify the Website and we are not liable for our failure to do so. In no event, under no legal or equitable theory (whether tort, contract, strict liability or otherwise), shall we or any of our respective employees, directors, officers, agents or affiliates, be liable hereunder or otherwise for any loss or damage of any kind, direct or indirect, in connection with or arising from the Website, the use of the Website or our agreement with you concerning the Website, including, but not limited to, compensatory, direct, consequential, incidental, indirect, special or punitive damages, lost anticipated profits, loss of goodwill, loss of data, business interruption, accuracy of results, or computer failure or malfunction, even if we have been advised of or should have known of the possibility of such damages. If we are held liable to you in a court of competent jurisdiction for any reason, in no event will we be liable for any damages in excess of Indian Rupees Five Thousand (INR 5000). If any limitation on remedies, damages or liability is prohibited or restricted by law, we shall remain entitled to the maximum disclaimers and limitations available under this agreement, at law and/or in equity.
E. Limitation of Service Provider’s Liability
Insurance Samadhan shall not be liable for a reasonable amount of delay in performing the service. The reasonableness shall be determined on case to case basis but the generally such delays shall be a result of issues which are beyond the capabilities of the Service Provider.
F. Force Majeure
We shall not be liable if the service is delayed due to any force majeure event, arising out of any enforceable circumstances and beyond our reach, including but not limited to fire, flood, earthquakes, strikes, unavailability of necessary utilities, black-out, acts of God, acts of declared or undeclared war, acts of regulatory agencies, or natural disaster.
G. Copyright Infringement Take Down Procedure
Insurance Samadhan has high regard for intellectual property and expects the same level of standard to be maintained by its users. Insurance Samadhan may, in appropriate circumstances and at its discretion, terminate the Account or prohibit access to the Website of users who infringe upon the intellectual property rights of others.
If you believe that your work has been copied and posted on the Website in a way that constitutes copyright infringement and/or trademark infringement, please send the following information to us at email@example.com if :
(i) identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site;
(ii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at the Website, and information reasonably sufficient to permit Insurance Samadhan to locate the material.;
(iii) a written statement that you have a good faith belief that the disputed use is not authorized by the copyright and/or trademark owner, its agent, or the law;
(iv) information reasonably sufficient to permit Insurance Samadhan to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;
(v) an electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive interest that is allegedly infringed; and
(vi) a statement by you, made under penalty of perjury, that the information in your report is accurate and that you are the owner of the exclusive right or authorized to act on the behalf of the owner of the exclusive right. A statement by you comprised of the foregoing points is referred to herein as the “Notice”.
H. Modifications to or Termination of Website
1. MODIFICATION OR CESSATION OF WEBSITE
Insurance Samadhan reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice and in its sole discretion. You agree that Insurance Samadhan shall not be liable to you or to any third party for any modification, suspension or discontinuance of Insurance Samadhan’s Services.
2. TERMINATION BY INSURANCE SAMADHAN
3. TERMINATION BY YOU
4. EFFECT OF TERMINATION
Unless Insurance Samadhan has previously cancelled or terminated your use of the Website (in which case subsequent notice by Insurance Samadhan shall not be required), if you provided a valid email address during registration, Insurance Samadhan will notify you via email of any such termination or cancellation, which shall be effective immediately upon Insurance Samadhan’s delivery of such notice.
Upon Termination of Service, the following shall occur: all licenses granted to you hereunder will immediately terminate; and you shall promptly destroy all copies of Insurance Samadhan’s Data (as defined below), Marks (as defined below) and other content in your possession or control. You further acknowledge and agree that Insurance Samadhan shall not be liable to you or any third party for any termination of your access to the Website. Upon Termination of Service, Insurance Samadhan retains the right to use any data collected from your use of the Website for internal analysis and archival purposes, and all related licenses you have granted Insurance Samadhan hereunder shall remain in effect for the foregoing purpose.
You agree to indemnify and hold Insurance Samadhan, and its officers, managers, members, affiliates, successor, assigns, directors, agents, Service Providers, suppliers, and employees harmless from any claim or demand, including reasonable attorneys’ fees and court costs, made by any third party due to or arising out of the Termination of Service.
I. Intellectual Property Rights
1. INSURANCE SAMADHAN OWNS OR HOLDS THE LICENSES TO ALL DATA AND MARKS ON THE WEBSITE
The content on the Website, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Data”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by Insurance Samadhan. Other trademarks, names and logos on this Website are the property of their respective owners.
Data on the Website is provided to you as is for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcasted, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Insurance Samadhan reserves all rights not expressly granted in and to the Website and the Data.
You agree not to use, copy, or distribute, any of the Data other than as expressly permitted herein, including any use, copying, or distribution of content obtained through the Website for any commercial purposes. If you download or print a copy of the Data for personal use, you must retain all copyright and other proprietary notices contained thereon. You agree not to circumvent, disable or otherwise interfere with security features of the Website or features that prevent or restrict use or copying of any Data or enforce limitations on use of the Website or the Data therein.
2. INSURANCE SAMADHAN’S LICENSE TO YOU FOR THE USE OF DATA AND MARKS
The Website may also contain Data of other users or licensors, which you shall not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell.
J. Governing Law and Dispute Resolution
This Agreement shall be governed and construed in accordance with the Indian law, without regard to the conflict of laws provision therein.
If a dispute arises out of or in connection with this Agreement or the performance, validity or enforceability thereof (a “Dispute”), then the parties shall follow the procedure set out in this Clause:
(i) Either Party shall give to the other written notice of the Dispute, setting out its nature and full particulars (“Dispute Notice”), together with relevant supporting documents. On service of the Dispute Notice, the Parties shall attempt in good faith to resolve the Dispute.
(ii) If the Parties are for any reason unable to resolve the Dispute within thirty (30) days of service of the Dispute Notice, either Party may refer the Dispute to final resolution by arbitration by a sole arbitrator in accordance with the Arbitration and Conciliation Act, 1996. The place for any arbitration shall be in Delhi and the language shall be English. In the event the Parties fail to agree on the sole arbitrator within thirty (30) days from receipt of a request by one Party from the other Party to so agree, the appointment shall be made, upon request of a Party, by the Chief Justice of the High Court or any person or institution designated by him, in accordance to Section 11(5) of the Arbitration and Conciliation Act, 1996.
Except as set forth above, all matters arising out of this Agreement shall be subject to the exclusive jurisdiction of the courts in Delhi and the Parties hereby irrevocably submit to the jurisdiction of these courts.
Each Party undertakes to defend, indemnify and hold harmless the other Party, its subsidiaries, affiliates, agents, officers, employees and assignees on a full indemnity basis, from and against all actions, proceedings claims, demands, costs (including the legal expenses), damages, judgments, decrees, expenses, penalties and liabilities of any kind or nature whatsoever arising directly or indirectly as a result of any breach or non-performance by such Party of any of its undertakings, warranties, representations or obligations under this Agreement.
You shall indemnify for all the litigations or law suits arising as a result of failure of you to comply with the obligations of the Service Professional as par the terms of this Agreement. You shall indemnify us for the delay or inability in performing Services, due to which we had to indemnify the Service user for the loss suffered. You shall indemnify us in an event where we violate any applicable, state and local law or regulation due to fault on the part of you or your Services.
This Clause K shall survive any termination or repudiation of this Agreement.
L. Cancellation and Refund Rules
You may cancel your registration and the use of the Website with or without cause at any time by following the link in your Account to deactivate your account.
In case of any unusual deductions of money from your wallet / account, even if you have not used the service or have been charged more than what needs to be charged, the amount shall be refunded whether on receipt of complaint from you or detection of such transactions by the management of Insurance Samadhan, whichever is earlier.
N. General Information
2. STATUTE OF LIMITATIONS
You agree that any cause of action arising out of or related to the Website must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
3. SECTION HEADINGS
This document was most recently updated on October , 2019.