This user agreement (“Agreement”) is an agreement between you (“You”) and GramCover Insurance Brokers Private Limited (“GramCover” or “we” or “us” as the context requires) governing the: (i) your use of our website (“Site”) and our mobile application (“App”) and/or (ii) availing of our Services by you, which includes providing insurance broking services for life and non-life insurance and reinsurance, and risk advisory through our Site/App (referred to as the “Services“).
- Initial Access – Access to the Site/App is available to every User, however any feature displayed on the Site/App is provided by us on a temporary basis and for promotional purposes, and we reserve the right to:(i) withdraw or amend the promotional features that we provide on our Site/App; and/or (ii) restrict your access to some parts of our Site/App, without prior notice to you. We shall not be liable for exercising our right set forth hereunder.
Full Access – To access the Services and view full contents of the Site/App, you will need to register on the Site/ App and you will be able to access after you create a “Registered User” account. In order to become a Registered User, you will be required to furnish certain information and details, [including your name, mobile number, e-mail address, residential address] and any other information deemed necessary for registration. Once you complete your registration on the Site/App you will have to undergo a 15-hour training program as mandated by IRDAI on the Site/App. Post the completion of the training you have to mandatorily appear for an online examination on the Site/App. Only after passing the examination, you will become our POSP and will get access to the following contents of the Site/App based the exam passed by you:
- IRDAI allows you to have full access and view contents on the Site/ App;
- allows us to contact you and vice versa, if necessary;
- allows you to make use of the Services and other functionality that we may establish and maintain on the Site/ App from time to time, subject to these terms and conditions.
- GramCover grants you permission to use the Services as set forth in this Agreement, provided that: (i) you will not copy or distribute, any part of the Site/App in any medium or in any manner whatsoever without GramCover’s explicit authorisation in this regard; and (ii) you will otherwise comply with the terms and conditions of this Agreement.
- Upon completing the registration process, you will be provided with a username, password, or any other piece of authentication information, as may be required by our security procedures. You must treat such information as confidential, and you must not disclose it to any third party. You also agree to ensure that you exit/log out from your account at the end of each session. GramCover has the right to disable any username/account, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of this Agreement. You will immediately notify GramCover of any unauthorized use of your password or username, by sending details of such unauthorized use to: email@example.com
- You are responsible for making all arrangements (hardware, software, etc.) necessary for you to have access to our Site/App and, thereby the Services. You are also responsible for ensuring that any persons who access our Site/App and, thereby the Services through your account are aware of these terms, and that they comply with them. You are also solely responsible and liable to GramCover for all activities that take place or occur under your account from your devices. You agree that your ability to log into your account is dependent upon external factors such as internet service providers and internet network connectivity and we shall not be liable to you for any damages arising from your inability to log into your account.
- we may at our discretion take down any such User Material immediately;
- immediate, temporary, or permanent withdrawal of your right to use the Services and simultaneous termination/suspension of your account on the Site/App;
- immediate, temporary, or permanent removal of any other User Material already posted on the Site/App, upon your failure to cure the breach that is brought to your notice;
- initiate legal proceedings against you seeking legal, injunctive, or other equitable remedy; and/or
- disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.
- Distribute, download, sell, supply, modify, adapt, amend, incorporate, merge, or otherwise alter the information/content provided to you as part of the Services or the Site/App;
- Attempt to decompile, reverse engineer, or otherwise disassemble any Service or content provided to you as part of the Services or the Site/App;
- Attempt to copy any software provided to you as part of the Services or the Site/App and its source code, or attempt to decrypt any part of such software that is provided to you;
- Create any derivative work or version of any software/information/content provided by us in relation to or to facilitate the use of our Services or any content provided as part of the Services;
- Remove, from the Services or any content provided as part of the Services, any logo, copyright or proprietary notices, legends, symbols, labels, watermarks, signatures, or any other like marks affixed to or embedded in the Services;
- Use the Services or any part of it to create a false identity, to impersonate any person or organization, or attempt to disguise the origin of any content;
- Use GramCover’s domain name or a domain name which is similar to GramCover’s domain name;
- Access or use of the Site/App in any manner that could damage, disable, overburden, or impair any of the Site/App’s servers or the networks connected to any of the servers on which the Site/App is hosted;
- Access or attempt to access any content that you are not authorized to access by any means;
- Access the Site/App through any other means other than through the interface that is provided by us;
- Alter or modify any part of the Services/ content provided as a part of the Services; and
- Disrupt or interfere with the security of, or otherwise cause harm to the Site/App, materials, system resources, or gain unauthorized access to the user accounts, passwords, servers or networks connected to or accessible through the Site/App or any affiliated linked sites.
- Upon termination/suspension of your account, you will no longer be able to access your account or any User Material or data you have stored on the servers. All licenses granted to you by GramCover to you on the Site/App or the Services will automatically terminate.
RIGHTS RESERVED BY GRAMCOVER
- We are not responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other User of the Services.
- We have the right to investigate and report to authorities for prosecution for the violations of the terms and conditions of this Agreement to the fullest extent of the law and may involve and cooperate with law enforcement authorities in prosecuting Users who violate the terms and conditions of this Agreement.
- While we have no obligation to monitor your access to or your use of the Services/ content (or any feature or part of the Services), we have the right to do so for the purpose of operating the Site/ App and providing the Services, to ensure your compliance with the terms and conditions of this Agreement, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.
- Upon receiving actual knowledge in the form of an order by a court of competent jurisdiction or on being notified by the Appropriate Government or its agency under clause (b) of sub-section (3) of section 79 of the Act, we will discontinue from hosting, storing or publishing any unlawful information and we will remove or disable access within 36 (thirty six) hours, to that information which is prohibited under any law for the time being in force in relation to the interest of the sovereignty and integrity of India; security of the State; friendly relations with foreign States; public order; decency or morality; in relation to contempt of court; defamation; incitement to an offence relating to the above, or any information which is prohibited under any law for the time being in force.
- Any information collected from you during registration, shall be retained by us for a period of 180 (one hundred and eighty) days or such time period as shall be prescribed under applicable laws after any cancellation or withdrawal of his registration.
- We shall be entitled to report any cyber security incidents and share related information (including your User Materials, identity and/or Personal Information) with the court, governmental agencies having jurisdiction on us, and/or Indian Computer Emergency Response Team in accordance with the policies and procedures as mentioned in the Information Technology (The Indian Computer Emergency Response Team and Manner of Performing Functions and Duties) Rules, 2013.
- Subject to the receipt of a complaint/grievance from a User, we have the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse, or remove any or all Content from any Service. GramCover may (but shall be under no obligation to) use tools to filter out explicit sexual content or any content which it deems to be unsuitable at its sole discretion.
- We reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to: (a) satisfy any applicable law, regulation, legal process or governmental request; (b) enforce the terms and conditions of this Agreement, including investigation of potential violations hereof; (c) detect, prevent, or otherwise address fraud, security or technical issues; (d) respond to user support requests; or (e) protect the rights, property or safety of GramCover, its Users and the public. GramCover shall not be responsible or liable for the exercise or non-exercise of its rights under the terms and conditions of this Agreement in this regard.
- We reserve the right to introduce or change the prices of any and all Services. Notice of such change may be provided at any time by posting the changes on the Site/App itself.
- GramCover shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Services.
- We are not a medical institution, and our risk advisory shall not be considered as medical advice, diagnoses, treatment, or recommendations of any kind. You should always seek the advice of your qualified heath care professionals with any questions or concerns you may have regarding your individual needs and any medical conditions.
- It is also possible that your use of the Services will result in you receiving information regarding products, merchants, and links to sites of third parties selling the products requested by you. GramCover hereby disclaims any and all responsibility and liability associated with the same. You acknowledge and agree that GramCover is not liable for any loss or damage which may be incurred by you as a result of the availability of such external sites or resources on our Site/App (if any), or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on or available from our Site/App.
- Your correspondence or business dealings with, or participation in promotions of, advertisers you found on the Site/App or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such advertiser or vendor. You agree that GramCover shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or the vendors through the Site/App.
- The Site/App may sometime contain links to other web sites or resources for your convenience to provide further information. Given that we have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource. You shall not create a link to the Site/App from another website or document without the GramCover’s prior written consent.
- The Site/App provides the Users with access to insurance related information and related sources. Such information is provided on an “As Is Basis” and we assume no liability for the accuracy or completeness or use or non-obsolescence of such information. We shall not be liable to update or ensure continuity of any information/content contained on the Site/App. We would not be responsible for any errors which might appear in (i) such information/content; (ii) information/content which is compiled from third party sources; or (iii) for any unavailability of such information.
- Certain contents on the Site/App may contain opinions and views of third parties. GramCover shall not be responsible for such opinions or any claims resulting from them. Further, GramCover makes no warranties or representations whatsoever regarding the quality, content, completeness, or adequacy of such information and data.
- GramCover has the right to change modify, suspend, or discontinue and/or eliminate any aspect(s), features, content or functionality of the Site/App or the Services, as it deems fit at any time without any requirement of prior notice.
- Some parts of the App/Site are interactive, and we encourage contributions by Users, which may or may not be subject to editorial control prior to being posted. GramCover reserves the right at its sole discretion to remove, review, edit or delete any content. However, GramCover will not be responsible or liable for any User Material or any content uploaded by Users directly on the Site/App, irrespective of whether we have certified any answer uploaded by the User. GramCover would not be responsible to verify whether such questions/answers or any material placed by any user contain infringing or unlawful materials or not.
- While GramCover has made efforts to ensure that the personnel advising are educated, technically qualified, and trained in the field on which they are advising, in order to enable quality control. However, GramCover makes no warranties or representations whatsoever regarding the quality and competence of such personnel and would not be responsible for any deviant behaviour of any such personnel. Any feedback from User relating to the same is most welcome and GramCover reserves the right and discretion to take any action in this regard.
- Access to certain elements of the Services may be subject to the provisions of this Agreement and fair usage policy. GramCover reserves the right to determine the criteria for provision of various elements of Services to the different categories of Users based on its policies. Hence, subscription to the Services or registrations do not automatically entitle the User to any and all elements of Site/App/Services provided by GramCover. GramCover shall be entitled to exercise its discretion while providing access to and determining continuity of certain elements of Site/App/Services. GramCover reserves the right to extend, cancel, discontinue, prematurely withdraw or modify any part of the Services at its discretion.
- GramCover has the right to change modify, suspend, or discontinue and/or eliminate any aspect(s), features, or functionality of the Site/App/Services as it deems fit at any time without notice. Further, GramCover has the right to amend the terms of this Agreement, from time to time, without prior notice to you. GramCover makes no commitment, express or implied, to maintain or continue any aspect of the Site/App. You agree that GramCover shall not be liable to You or any third party for any modification, suspension, or discontinuance of the Site/App /Services.
- You agree that your use of the Site/App/Services shall be at your sole risk. You expressly understand and agree that, to the maximum extent permitted by applicable law, the Site/App/ Services are provided on an “As Is” and “As Available” basis for your use, without warranties of any kind, express or implied, including without limitation the warranties of merchantability, fitness for a particular purpose, title, non-infringement, and those arising from course of dealing or usage of trade. GramCover shall use all reasonable endeavours to ensure that the Site/App/ Services are capable of being used in an uninterrupted manner but it does not guarantee or warrant that: (i) the Site/App/ Services will meet your specific requirements; (ii) the Site/App/ Services will be uninterrupted, timely, secure, or error-free; and (iii) the quality of any Services, content, information, or other aspect availed, purchased or obtained by you through the Site/App will meet your expectations; and (iv) any errors in the Services/Site/App will be corrected by GramCover at its discretion.
- You acknowledge that you have carefully read the terms and conditions of this Agreement and fully understand that they include and incorporate a comprehensive and binding release of liability by you in respect of GramCover and its employees, directors and officers. Under the terms of this Agreement herein, you expressly agree to release and discharge GramCover and its employees, directors and officers from any and all claims or causes of action and you agree to give up, release or waive any right that you may otherwise have to bring any such legal action against them in the form of indemnity, damages, tort claim or equity claim. For the avoidance of doubt, to the extent lawfully permitted, the release and waivers set out in this clause 7 above includes any action under the tort of negligence (whether such negligence is founded in statute, common law or otherwise).
- All right, title, and interest in usage of the terms of this App/Site/content/Services, including but not limited to all texts, graphics, user interfaces, visual interfaces, computer code and any other information associated therewith are reserved by us.
- All right, title, and interest in and to the App/Site/content/Services are and will remain the exclusive property of GramCover and its licensors. Any use of this App/Site/content/Services, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited.
- By accepting the use of terms hereunder you agree that the GramCover does not transfer/assign the title of the Site/App to you, and nothing in the terms and conditions of this Agreement shall imply or be deemed or construed to mean that any right, title and interest (including but not limited to intellectual property rights) stands transferred/assigned to you, we retain the full and complete right, title and interest to the Site/App, and all intellectual property, title and interest to the Site/App, and all intellectual rights therein. You shall not redistribute, sell, decompile, reverse engineer, dissemble, or otherwise reduce the Site/App in any manner which is contrary to this Agreement.
- Any usage of the App/Site/content/Services, without the written authorization of GramCover, shall be considered a breach of this Agreement, and you shall be required to indemnify GramCover for all liability incurred in this regard.
INDEMNITY AND LIMITATION OF LIABILITY
- You agree to defend, indemnify and hold harmless GramCover, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service/Site/ App/content; (ii) your violation of any term of this Agreement; (iii) your violation of any third party right, including without limitation, any copyright, property, or privacy right; or (iv) any claim that your User Material caused damage to a third party. This indemnification obligation will survive this Agreement and your use of the Service and/or the Site/App.
The content/material displayed on our Site/App is provided without any guarantees, conditions, or warranties as to its accuracy. GramCover is not liable for:
- conditions, warranties, and other terms, which might otherwise be implied by statute, common law, or the law of equity;
Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the Services, our Site/ App or in connection with the use, inability to use, or results of the use of the Services or our Site/ App, any Sites linked to it and any materials posted on it, including, without limitation any liability for:
- loss of income or revenue;
- loss of business;
- loss of profits or contracts;
- loss of anticipated savings;
- loss of data;
- loss of goodwill;
- wasted management or office time; and
- for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable or advised of the possibility of the same.
- Our liability to you shall under all circumstances be limited to a maximum of the amount paid by you (if any) at the time of registration on our Site/App to use the Services.
- In the event of you breaching this Agreement, you agree that GramCover will be irreparably harmed and may not have an adequate remedy in money or damages. In such an event, GramCover shall be entitled to obtain an injunction and/or other equitable remedy against such a breach from any court of competent jurisdiction. GramCover ‘s right to obtain such relief shall not limit its right to obtain other remedies.
- GramCover shall not be liable for any failure to perform or delay in performance of any of its obligations under this Agreement due to Force Majeure. For the purpose of this clause, “Force Majeure” shall mean fire, explosion, flood, earthquake, Act of God, act of terrorism, war, rebellion, riots, sabotage, strike, lockout, stoppage of work, aggravated epidemic, aggravated pandemic, failure or diminishment of power, internet availability or other services not under the control of either of the Parties, governmental or military acts or orders or restrictions, terrorist attack, cyber-attack, power outage or any such events or circumstances which are wholly outside the control of the GramCover and/or any party affected thereby.
- GramCover will use all reasonable endeavours to mitigate the effect of Force Majeure. Should an event of Force Majeure continue for a period of longer than 45 (forty-five) consecutive days and GramCover is still unable to perform its obligation, then GramCover may terminate the arrangement with you under this Agreement upon notice to you without being liable for any compensations or claims.
- Nothing contained in this Agreement should be used as an excuse to delay payment of any dues owed to any Party under this Agreement.
- The jurisdictional court of Delhi, India shall have sole jurisdiction over any claim arising from, or related to, a visit to / use of the Site/ App or the Services. In case you are from a different country, we retain the right to bring proceedings against you for breach of any of the terms and conditions of this Agreement in India or your country of residence, country of use or other relevant country. The laws of Delhi, India govern this Agreement and these terms and conditions of use of the Services.
- GramCover accepts no liability whatsoever, direct or indirect, for noncompliance with the laws of any country other than that of India, the mere fact that Site/ App can be accessed or used or any facility can be availed of in a country other than India will not imply that we have anything to do with your jurisdiction or its citizens or accede to the laws of such country.
- Assignment: You cannot assign or otherwise transfer Your obligations under this Agreement, or any right granted hereunder to any third party. GramCover’s rights under the Agreement are freely transferable by GramCover to any third parties without the requirement of seeking your consent.
- Waiver: No failure on the part of any Party to exercise, and no delay on its part in exercising, any right or remedy under this Agreement shall operate as a waiver thereof, nor will any single or partial exercise of any right or remedy preclude any other or further exercise thereof or the exercise of any other right or remedy. The rights and remedies provided in this Agreement are cumulative and not exclusive of any rights or remedies provided by Applicable Law.
- Severability: In the event that any provision of this Agreement is determined to be invalid or unenforceable in any jurisdiction, the remaining provisions herein shall remain in full force and effect and shall be liberally construed so as to effectuate the purpose and intent of the parties as stated in this Agreement.
- Relationship: The Parties expressly agree that nothing contained herein shall be deemed to create any association, partnership, joint venture or relationship of principal and agent or master and servant or employer and employee between the Parties hereto or to provide either Party with the right, power or authority, whether express or implied to create any such duty or obligation on behalf of the other Party.
- Any feedback You provide with respect to the Site/App/Services shall be deemed to be non-confidential. The Site/App shall be free to use such information on an unrestricted basis. Further, by submitting the feedback, You represent and warrant that: (i) Your feedback does not contain confidential or proprietary information of you or of third parties; (ii) GramCover is not under any obligation of confidentiality, express or implied, with respect to the feedback; (iii) the Site/App/ Services may have something similar to the feedback already under consideration or in development; and (iv) You are not entitled to any compensation or reimbursement of any kind from GramCover for the feedback under any circumstances, unless specified.
Grievance Redressal and Customer Care:
- We make all best endeavours to provide you with a pleasant experience. If you have any questions about the Site/App/Services, please contact us at firstname.lastname@example.org
Name: Shailendra Tewari
Contact Number: 0120-4094500
Email id: email@example.com
- The Grievance Officer shall upon receipt of such complaint – (i) acknowledge the complaint within 24 (twenty-four) hours and dispose-off such complaint within a period of 15 (fifteen) days from the date of its receipt in the manner set-forth in Clause 4.5 hereinabove; (ii) seek/avail requisite advisory, order, notice or direction from the appropriate governmental agency, any competent authority or a court of competent jurisdiction; and/or (b) within 24 (twenty-four) hours from the receipt of a complaint/grievance from you or any person on your behalf, in relation to any content which is prima facie in the nature of any material which exposes your or any individual’s private area, shows such individual in full or partial nudity or shows or depicts such individual in any sexual act or conduct, or is in the nature of impersonation in an electronic form, including artificially morphed images of such individual, take all reasonable and practicable measures to remove or disable access to such content. You can provide us with the requisite details of your grievance/the violation/ violative content or communication link, as may be necessary, to the email-id of the Grievance Officer.