ACKNOWLEDGEMENT AND ACCEPTANCE OF THESE TERMS OF SERVICE
Welcome to www.bharti-axagi.co.in (“Website”). This page states the Terms and Conditions under which you may use this Website. Please read this page carefully. If you do not accept the Terms and Conditions stated herein, do not use the Website.
In this document, the following words and phrases have the meanings set forth herein unless the context indicates otherwise:
“Authority” shall mean the Insurance Regulatory and Development Authority or such other authority governing the general Insurance business in India.
"Bharti AXA" or “BAGI” or “Company” or “We” or “Us” shall mean Bharti AXA General Insurance Company Limited.
“Call Center” means the call center facility set up by Bharti AXA to assist its Customers with respect to various transactions and to furnish information etc., regarding its products and such other related information. The Customers can presently reach BAGI on the numbers notified on the Website.
“Customer“means a policyholder of BAGI who has purchased a BAGI product.
“Record/s” means any electronic records that are submitted through the Website and includes physical records collected by an agent or an employee of BAGI from the customer or User for effecting the transaction.
“Personally identifiable information” shall mean such information submitted by the Customer or User that enables individual identification of the User either by itself or in association with other material.
“Policy” or “Product” shall mean various IRDA approved general insurance policies and products that BAGI may introduce on the Website for sale from time to time.
“User” or “You” means any person who accesses or visits the Website and includes a Customer.
“Website” shall mean www.bharti-axagi.co.in.
This site is created and controlled by BAGI. The laws of India shall apply and courts in Bangalore, Karnataka shall have jurisdiction in respect of all the terms, conditions and disclaimers herein
The Company accepts no liability whatsoever, direct or indirect for non-compliance with the laws of any country other than that of India. The mere fact that the Web Site can be accessed in a country other than India does not mean that the laws of the said country would govern these Terms and/or the Website operations of the User and/or the use of the Website by a visitor. It shall be the sole responsibility of foreign residents including Non Resident Indians in foreign jurisdictions to verify whether the services available on the Website can be accessed and utilised in their respective jurisdictions. The services which are part of the Website do not constitute an offer to sell or a solicitation of an offer to buy any policies/products to any person in any jurisdiction where it is unlawful to make such an offer or solicitation.
You represent and warrant that you are competent and eligible to enter into legally binding agreement and have the requisite authority to enter into this Agreement and perform your obligations herein. You shall not use this Website if you are not competent to contract under the applicable laws, rules and regulations.
In the event that BAGI requires the Users of this Website, who wish to purchase a policy from the Website, to register on the Website to authenticate their use of the User ID (by whatever name called) and password, the User shall at all times be responsible for maintaining the confidentiality of his/her password and user id, and shall be fully responsible for all activities that occur by use of such password or user id. Further, the User agrees not to use any other person's user ID and/or password for any purpose whatsoever.
User is responsible for the security of User’s password and for all transactions undertaken through the Website using the User’s password. User confirms that he/she is the authorized holder of the credit card or the original account used for the transactions under this Website. The Company shall not be responsible for any financial loss or inconvenience resulting from misuse of user’s ID/password/credit card number/account details for the purchase of a policy on the Website.
The User also agrees and undertakes to immediately notify BAGI of any unauthorized use of the User's password or user ID. The User shall ensure that the User logs off from the Website at the end of each session at the Website. BAGI shall not be responsible for any direct or indirect loss or damage arising out of the User's failure to comply with this requirement.
As part of the registration process, the User does hereby agree to provide BAGI his/her current, complete, and accurate information as prompted and to maintain and update this information as and when required keeping it current, complete and accurate at all times.
If you provide any information that is untrue, inaccurate not current or incomplete or if the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current, incomplete or mischievous, BAGI has the right to indefinitely suspend or terminate your membership and can block the User from using the Website.
TERMS OF SERVICE:
This Agreement shall continue to be valid and in effect as long as you are using the Website or the services provide through the Website. The Website provides a b2c (business-to-customer) online platform wherein the Users can purchase/buy insurance policies of BAGI listed on the Website in accordance with the terms and conditions set forth for such policies. You agree to use such services of the Company in a manner consistent with the terms and conditions of this Agreement and with all applicable laws and regulations including but not limited to IRDA Act, Insurance Act and all other acts, rules and regulations governing the general insurance industry in India from time to time.
Further, the User of this Website does hereby agree and understands that the information furnished on this Website is for information and guidance purpose only and must not be construed as a recommendation by BAGI to purchase any product. The decision to purchase the product should be based on your own evaluation of the product. Further, you must exercise due care in ensuring the completeness and accuracy of the information provided. BAGI and its employees shall not be liable for any loss or damage caused by or arising out of reliance placed on such incomplete or inaccurate information.
Further, by effecting a transaction that may be allowed by BAGI on the Website, you agree to provide complete and irrevocable authority to BAGI to take steps and carry out tasks that are essential and relevant to provision of the services for which the transaction is effected. You further acknowledge and accept that the records maintained by BAGI with respect to the transactions effected by you at the Website shall be the conclusive evidence of such transaction and shall be final and binding on you and your assigns and successors.
BAGI reserves the right to suspend, withdraw, modify, add or cancel any or all of the services offered on the Website without any prior notice. Any such suspension, withdrawal, modification, addition or cancellation shall become binding on You forthwith.
USER ACCOUNT DATA:
However, You shall also be responsible for maintaining the confidentiality and security of your account and password and you agree to accept the responsibility for all the activities that occur using your account and password.
The Company shall not be responsible for any loss or damage due to your failure to safeguard your account or password.
You shall notify the Company by writing to email@example.com. of any suspected unauthorized use(s) of your account or password, or any breach of security, including loss, theft, or unauthorized disclosure of your account password as soon as the same comes to your notice.
INFORMATION ON THE WEBSITE
Whilst every effort is made to update the information contained on this Website, neither BAGI nor any third party or data or content provider makes any representations or warranties, whether express, implied in law or residual, as to the sequence, accuracy, completeness or reliability of information, opinions, research information, data and/or content contained on the Website (including but not limited to any information which may be provided by any third party or data or content providers) ("information") and shall not be bound in any manner by any information contained on the Website. The Company reserves the right at any time to change or discontinue without notice, any aspect or feature of this Website. No information provided on this Website shall be construed as an advice or recommendation.
You agree that the information on the Website with respect to any policy that you may purchase is merely indicative of the terms of such policy. In the event, with respect to a policy, there is any conflict between the terms set out in the policy document and the terms herein, you shall be governed by the terms of the policy document.
The trade marks, names, logos and service marks (collectively "trademarks") displayed on this Website are registered and/or unregistered trademarks of the Company. Nothing contained on this Website should be construed as granting any license or right to use any of the trademarks without the prior written permission of the Company.
Copyright and other intellectual property rights with respect to the contents on this Website are solely and exclusively owned by the Company. All rights in the pages, site contents are owned by the Company and the User is prohibited from copying, modifying, displaying, distributing, transmitting, re-delivering, publishing, selling, licensing, creating derivative works or using any content of the Website for any purpose without the prior written consent of the Company. Everything you see or read on the Website (including but not limited to directories, guides, news articles, opinions, reviews, text, photographs, images, illustrations, profiles, audio clips, video clips, trademarks, service marks and the like) is copyrighted/ protected by intellectual property laws.
The users of this Website do hereby agree to receive communication from the Company and the Website electronically either by e-mails or through announcements on the Website.
CARD OR BANK ACCOUNT DETAILS:
You agree, understand and confirm that the bank or credit / debit card details provided by you for buying the insurance policies offered by BAGI on the Website shall be correct and accurate and you shall not use the bank account and / or credit / debit card which is not lawfully owned by you. You further agree and undertake to provide the correct and valid bank account and / or credit / debit card details to BAGI. Further, the said information shall be not be stored, utilized and shared with any of the third parties by the Company unless required by law, regulation or court order. You shall fully indemnify the Company from any loss or damage arising out of a non-compliance of this condition by you.
The User does hereby agree that before purchasing the policy available on this Website, the User shall make himself/herself fully aware of its features and benefits offered there under. Further, the User does hereby agrees that cancellation of a policy purchased by the User online on this Website shall be subject to the terms and conditions of the respective policy and notwithstanding anything contained elsewhere, the terms and conditions specified on the policy shall always prevail.
LINKS TO THIRD PARTY WEBSITES:
This Website may contain external links to websites operated by third parties other than BAGI. Such links are provided for your convenience only and BAGI has no control over such websites and no representation is being made by the Company as to its content and conduct. Use or reliance on any such links and the content thereon provided shall be at your sole risk. When visiting such external links, you shall refer to the terms and conditions of use of such websites. No hypertext links shall be created from any website controlled by You or any other person, to this Website, without the express prior written permission of the Company.
DOWNLOADS AND SOFTWARE AVAILABLE ON THE WEBSITE:
Any and all information, or any software (if any) that is made available for download from this Website is the copyrighted work of the Company and/or its suppliers. Your usage of such software is governed by the terms of the end user license agreement, if any, which accompanies or is included in such software.You shall not install or use any software that is accompanied by or includes a License Agreement, unless you first agree to the License Agreement terms.
RESTRICTIONS ON USE:
You shall not:
a)Reverse engineer, decompile, disassemble, copy, reproduce, distribute, modify, transmit, perform, reproduce, publish or create derivative works from or in any way exploit any of the services or content on this Website in violation of the Terms and Conditions or the laws of any country.
b)Create a database in electronic or structured manual form by systematically downloading and storing all or any part of the Website save and except such information as relates to the policy purchased by you.
c)Cache or permit caching by any person.
d)Do any act that violates our intellectual property in the Website.
e)Engage in any fraudulent, abusive or illegal activity, including but not limited to any communication or solicitation designed or intended to fraudulently obtain the password or any private information of any use.
f)Use the Website to violate the security of any computer network, crack pass words or security encryption codes, transfer or store illegal material including threatening or obscene material or engage in any kind of illegal activity.
LIMITATION OF LIABILITY AND DISCLAIMERS:
This Website is provided without any warranties or guarantees and on an "As Is" condition. You must bear the risks associated with the use of the Website. While BAGI tries to ensure that material included on the Website is correct, it cannot be held liable for any inaccuracy of the same. The BAGI shall not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience while using the Website.
To the fullest extent permitted under applicable law, BAGI shall not be liable for any indirect, incidental, special, incidental, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the Website, its services or this Agreement.
BAGI makes no representations or warranties about the accuracy, reliability, completeness, correctness and/or timeliness of any content, information, software, text, graphics, link, statics or communications provided on or through the use of the Website or that the operation of the Website shall be error free and/or uninterrupted. Consequently, BAGI assumes no liability whatsoever for any monetary or other damage suffered by you on account of the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Website and/or any interruption or errors in the operation of the Website.
Further in no event shall BAGI be liable for any direct, indirect, punitive, incidental, special or consequential damages or for any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of BAGI sites/services for interrupted communications, delay, lost data or lost profits arising out of or in connection with this agreement, even if BAGI has been advised of the possibility of damages, or inability to use the BAGI sites/services or related services, the provision of or failure to provide services, or for any information, software obtained through the BAGI sites/services, or otherwise arising out of the use of the BAGI sites/services, whether based on contract, tort, negligence, strict liability or otherwise, even if BAGI has been advised of the possibility of damages. BAGI does not endorse in anyway any advertisers/ contents of advertisers on the website.
User agrees to defend, indemnify and hold harmless BAGI, its employees, directors, officers, partners and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney's fees, caused by or arising out of claims based upon:
(a) User's actions or inactions, including but not limited to any warranties, representations or undertakings or in relation to the non-fulfillment of any of its obligations under this Agreement or arising out of the User's infringement of any applicable laws, regulations including but not limited to Insurance Act, IRDA Act and the rules and regulations framed there under, intellectual property rights of the Company;
(b) payment of statutory dues and taxes;
(c) claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers;
(d) your use or someone else’s use of your access to the Website;
(e) a claim that any use of the Website by you or someone using your computer infringes any intellectual property right of any third party, or any right of personality or publicity, is libelous or defamatory, or otherwise results in injury or damage to any third party; and/or
(f) infringement of intellectual property rights or other rights of the Company.
We reserve the right to change or update the Agreement at any time by placing a prominent notice on our site. Such changes shall be effective immediately upon posting on this Website and you shall keep yourself updated of such changes.
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision shall be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.
Unless otherwise specified herein, this Agreement constitutes the entire agreement between you and the Company with respect to the the Company’s sites/services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and the Company with respect to the the Company’s sites/services. The Company’s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches.
For any concerns or questions about any aspect of these Terms & Conditions of use of the Website, please feel free to contact at firstname.lastname@example.org .