Terms and Conditions governing the use of Landmark Insurance Brokers Private Limited's (“Company”) website www.policyboss.com
In this Agreement, the following expressions shall, unless the context requires otherwise, have the following meanings
"Affiliate of Company" shall mean and include:
For the purpose of this definition of Affiliate, "control" together with grammatical variations when used with respect to any person, means the power to direct the management and policies of such Person, directly or indirectly, whether through the ownership of the vote carrying securities, by contract or otherwise.
"Client Care Centre" or "Customer Care Centre" means the client care centre or the customer care centre set up by the Company, to assist the Customers of the Company, User, Visitor(s) to the Website, with respect to various transactions and to furnish information etc.
"Company" means Landmark Insurance Brokers Private Limited, a company incorporated under the Companies Act, 1956, having its Registered Office at Unit No.402, 4th Floor, Business Avenue, Lane No.6, Koregaon Park, Pune- 411 001, Maharashtra, INDIA. and its Corporate Office at Unit No.3, 4th Floor, The Centrium, Phoenix Market City, LBS Marg, Kurla (West), Mumbai (Maharashtra) – 400 070 and registered with the Insurance Regulatory & Development Authority of India as Direct Broker (category –Life & General) bearing License No. 216; Broker Code DB 089/03 and a member of the Insurance Brokers Association of India bearing Membership No. 152 (which term, unless repugnant to the context or meaning thereof, shall mean and include its successors-in-interest, and assigns)
"Customer" means a Policyholder accessing the Web Site for obtaining information about various insurance products including access to all facilities that are or may be provided / offered to the User from time to time on the Web Site.
"Customer Password" means the password or other means of authentication as the Company may specify from time to time provided to/required to be provided to the Customer, and using which the Customer may authorize transactions, which shall include but shall not be limited to downloadable request for proposal, claim forms etc., for various general and life insurance products that are offered by various Insurance Companies. The Company may decide to permit other transactions or to discontinue existing transactions from time to time, further details of which shall be provided on the Web Site.
"person" means ─
"Policy" means the various products of the General and Life Insurance companies.
"Policy Holder" means a person who purchases a Policy through the Company.
"Terms" or "Terms and Conditions" means the terms and conditions for use of the Web Site, as specified herein, by Visitors, users and Customers.
"Transaction Password" means the password, or other means of authentication as the Company may specify from time to time, that is provided by the Company to the Customer upon provision of which, the Customer would be able to authorise transactions specified by the Company from time to time, further details of which shall be provided on the Web Site.
"User" means any person having access to the Web Site for general information about the Company and the products and other facilities/services offered from time to time on/through the Web Site and includes Visitors, Customers and registered users.
Web Site" means the portal located at the URL www.policyboss.com.
"User" in masculine gender shall be deemed to include the feminine and neutral gender and singular includes plural and vice versa.
" includes" should be construed as "without limitation".
"Service Provider" means the Company.
"Services" means the nature of services offered hereunder subject to the IRDA (Insurance Brokers) Regulations, 2013 (as amended from time to time).
"IRDAI" means Insurance Regulatory and Development Authority of India.
"Code of Conduct" means code of conduct as prescribed under the IRDA (Insurance Brokers) Regulations, 2013 (as amended from time to time).
"Insurance Act" means The Insurance Act, 1938 (as amended from time to time).
Applicability of Terms:
These Terms and Conditions, in so far as they refer to the User, form the contract and agreement between such User and the Company unconditionally. By accessing the Web Site, the User acknowledges and accepts these Terms and Conditions.
The Company provides the information in this Web Site about various insurance products available in the Insurance Markets for the benefit of the User. The availability of the information and guidance as part of the Web Site does not constitute a recommendation by the Company, to buy any policy(ies) etc., discussed there in by the Company or any of its personnel. Any decisions to buy a policy will be based solely on the User's own evaluation of the policies/products, and his/her need for the same. While adequate care would be taken to ensure completeness, accuracy etc., of the information/services provided, neither the Company nor any of its directors, employees, advisors or affiliates shall in any circumstance be liable to any person for any loss or damage caused due to the reliance on information obtained through the Web Site. It is the sole responsibility of the User to evaluate the completeness, accuracy or usefulness of any opinion, guidance or other content made available on the Web Site and the User should consult her/his/its own legal counsel, business Advisor and tax Advisor as to the legal, business, tax and related matters concerning any policy(ies) with respect to which guidance is sought or given.
Customer Password and Transaction Password:
In the event that the Company has, or may from time to time, introduce or offer certain services on the Web Site, which require authentication procedures, the User/Customer would be able to access such services by using the Customer ID and the Customer Password. By using the Customer ID and the Customer Password the User/Customer can authorize the transactions. The Customer may be provided a Transaction Password, which would enable the Customer to carry out such transactions as may be specified from time to time. The Customer would not be able to carry out the transactions without the use of the Transaction Password. The terms governing the Customer ID, Customer Password and Transaction Password are as follows:
Subject to the Terms and Conditions, the Company shall take reasonable care to ensure the security of and to prevent unauthorized access to the services, which are being provided through the Web Site using technology reasonably available to the Company.
Authority to the Company:
The Customer irrevocably and unconditionally authorizes the Company to carry out his/her/its instructions, effecting such transactions as may be permitted by the Company from time to time, in accordance with these Terms and such other terms as may be specified by the Company. Certain transactions would be effected only after the Customer authorizes it by using the Customer/Transaction Password and the Company shall have no obligation to verify the authenticity of any such duly authorized transaction.
Genuineness of Transactions:
In respect of any transactions which may be permitted by the Company from time to time, the Company’s own records of such transactions, maintained through computer systems or otherwise, shall be accepted as conclusive and binding for all purposes. More particularly, the record of the Company generated by the transaction(s), including the recording of the time of the transaction(s), shall be conclusive proof of the genuineness and accuracy of such transactions.
Selection of Product:
The suggestion of best Product mentioned when comparing various products available would be based on the Service Provider's judgment and experience of the best product as far as features and claims process are concerned. This should not be construed as the Company canvassing any particular product.
The Web Site may have information about the expiry of Policy of the Policyholder. Customers are advised to issue insurance orders online with a clear 5 working days before the expiry of the policy. The Company will not be responsible for any expiry/lapsing of the policy.
Though, entry of information in various search and entry forms in the Web Site would help in detecting any obvious errors made by the Customer, the entry of data by the Customer and subsequent preparation of policies on the basis of this information is the complete responsibility of the Customer.
The Web Site may have information about the Claims Assistance service to be provided by the Company. The provision of claims assistance is only a facility extended to assist the Customer by the Company and it does not in any manner whatsoever assure the approval and payment of the claim by the Insurance Company. The Company would not be responsible whatsoever for delay/non-payment of claims by the Insurance companies.
Right to Alter the Services:
The Company reserves the rights to add, amend, revise, suspend or cancel in whole or in part any of the services which are, or may become, part of the Web Site, without any prior notice to the Users. Any addition, suspension, revision, amendment, cancellation or suspension shall be effective and binding on the Users. The Company may introduce new services in relation to the Web Site from time to time. The existence and availability of the new services will be notified on the Web Site as and when they become available and any revisions in the Terms and Conditions will take place in accordance with these Terms and Conditions.
The Company/Service Provider shall not be liable for any failure to perform any of its obligations if the performance is prevented, hindered or delayed by a Force Majeure event such as including, without limitation, unavailability of any communication system, sabotage, flood, explosion, civil commotion, strikes or industrial action of any kind, riots, war or acts of government, other cause similar to which is beyond the reasonable control of the Company/Service Provider.
Deemed Use of the Web Site:
The Web Site is deemed to be in use when it is loaded in temporary or permanent memory of your computer.
Restrictions on Use:
The User agrees to use the Web Site strictly for personal use. The User undertakes not to use this Web Site for any illegal purpose or in any manner inconsistent with these Terms and Conditions. The User agrees not to use, transfer, distribute or dispose of any information contained in the Web Site in any manner that could compete with the business of the Company or otherwise compromise or imperil the interests of the Company. The User acknowledges that the Web Site has been developed, compiled, prepared, revised, selected and arranged by the Company and others (including certain other information sources) through the application of methods and standards of judgement developed and applied through the expenditure of substantial time, effort and money and constitutes valuable intellectual property and may also include trade secrets of the Company and such others. User agrees to protect the proprietary rights of the Company and all others having rights in the Web Site or its content during and after the term of this agreement and to comply with all reasonable written requests made by the Company or its suppliers of content, equipment or otherwise to protect their and others' contractual, statutory and common law rights in the Web Site. The User agrees to notify the Company in writing promptly upon becoming aware of any unauthorized access or use of the Web Site by any party/person or of any claim that the Web Site infringes upon any copyright, trademark or other contractual, statutory or common law rights. The User may download and retrieve data from the Web Site on his/her computer screen, print individual pages on paper, photocopy and store such pages in an electronic form on disk (but not on any server or other storage device connected to a network) for his/her/its exclusive personal use only. The User further acknowledges that all the intellectual property in the Web Site continues to vest with the Company.
The User shall not:
Although the Company may, from time to time, monitor or review any facilities, if established or otherwise offered at the Web Site for discussions, chats, postings, transmissions, bulletin boards, and the like on the Website, the Company is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information contained within such locations on the Web Site. The User is prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. The Company will fully cooperate with any law enforcement authorities or court order requesting or directing the Company to disclose the identity of anyone posting any such information or materials.
The Company reserves the right to deny to any User, at the Company’s sole discretion, access to the Web Site, including any portion thereof, without any prior notice.
The Company grants you the right to access this Web Site in accordance with these Terms and Conditions, for personal use and for no other purpose. Please note that the services and content on the Web Site, including but not limited to text, content, photographs, video, audio and graphics, are either the property of, or used with permission by, the Company and/or by the Company’s suppliers and may be protected by applicable copyrights, trademarks, service marks, international treaties and/or other proprietary rights and laws of India and other countries. The trademarks, logos, slogans and service marks (collectively the "Trademarks") displayed on the Web Site, may or may not be registered Trademarks of the Company and others. Nothing contained on the Web Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Web Site without the prior written permission of the Company or such third party that may own the Trademarks displayed on the Web Site. Any misuse of the Trademarks displayed on the Web Site, or any other content on the Web Site, except as provided in these Terms and Conditions, is strictly prohibited. The User is also advised that the Company will aggressively enforce and protect its intellectual property rights to the fullest extent as permitted by law, including the seeking of criminal prosecution. The Company shall be entitled to obtain equitable relief (including all damage, direct, indirect, consequential and exemplary), over and above all other remedies available to the Company, to protect its interests therein.
Links to third party web sites:
The linked websites are not under the Company’s control and the Company is not responsible for the contents of any such linked website or any link contained in a linked website, advertisements appearing in or products offered by or any changes or updates to such websites. The Company is providing these links to the User only as a convenience, and the inclusion of any link does not imply endorsement by the Company of the linked website.
Software Available on the Web Site:
Software or information (if any) that is made available to download from this Web Site ("Software") is the copyrighted work of the Company and/or its suppliers. The use of the Software by the User is governed by the terms of the end user license agreement, if any, which accompanies or is included in the Software. The User may not install or use any Software that is accompanied by or includes a License Agreement unless the User first agrees to the License Agreement terms.
The User agrees, at User's own expense, to indemnify, defend and hold harmless the Company, its directors and employees, representatives, suppliers and advisors, against any claim, suit, action or other proceeding brought against the Company, its directors and employees, representatives, suppliers and as by a third party, to the extent that such claim, suit, action or other proceeding brought against the Company, its directors and employees, representatives, suppliers and advisors is based on or arises in connection with the use of this Web Site, or any links therein, including, but not limited to:
The User agrees to pay any and all costs, damages and expenses, including, but not limited to, reasonable advocates' fees and costs awarded against or otherwise incurred by or in connection with or arising from any such claim, suit, action or proceeding attributable to any such claim.
In the preparation of this Web Site (“Site”) and its content including images, text files etc., the Company has/may have used information that is publicly available including some information that is developed in-house.
The information on this Site is provided "AS IS". The Company does not warrant the accuracy of the materials, contents provided herein, either expressly or implied, for any particular purpose and expressly disclaims any warranties of merchantability or fitness for a particular purpose. The Company will not be responsible for any loss or damage that could result from interception by third parties of any information made available to you via this Site. Although the information provided to you on this Site is obtained or compiled from sources the Company believes to be reliable, the Company cannot and does not guarantee the accuracy, validity, timeliness or completeness of any information or data made available to you for any particular purpose. Neither the Company, nor any of its affiliates, directors, officers or employees, will be liable or have any responsibility of any kind for any loss or damage that you may incur and/or suffer in the event of any failure or interruption of this Site, or resulting from the act or omission of any other party involved in making this Site or the data contained therein available to you, or from any other cause relating to your access to, inability to access, or use of the Site or these materials, contents, whether or not the circumstances giving rise to such cause may have been within the control of the Company or of any vendor providing software or service support. In no event will the Company be liable to you for any direct, special, indirect, consequential, incidental damages or any other damages of any kind even if the Company or any other party have been advised of the possibility thereof.
All Users of this Site should before dealing and/or transacting in any of the products referred to in this Site make their own investigation, seek appropriate professional advice.
In case the User leaves this Site via a link contained herein, and view content that is not provided by the Company, the User does so at his/her/its own risk. The material, content to which you link, will not have been developed, checked for accuracy, or otherwise reviewed by the Company. The Company is not responsible for damages or losses caused by any delays, defects or omissions that may exist in the services, information or other material, content provided in such site, whether actual, alleged, consequential or punitive. The Company makes no guarantee(s) or representation(s) as to, and shall have no liability for, any electronic material, content delivered by any third party, including, without limitation, the accuracy, subject matter, quality or timeliness of any electronic content.
The Site should not be relied upon to maintain any User submission; all such data and information should be maintained in the User’s own records for use in the event that the Site fails or is unavailable or the data or information is lost.
All transactions, which cannot be carried out instantaneously, would be carried out during working hours either on the same day or on the next working day or such further period as may be determined and/or specified by the Company depending upon the time of logging of the transaction.
All transactions that are carried out by and on behalf of the Customer shall be subject to Government notifications, the rules, regulations and guidelines issued by the IRDAI, Reserve Bank of India, and any other regulatory bodies defining rules/regulations governing the offer of any service on the Web Site.
The Web Site is maintained by the Company and the use of the Web Site by the User is subject to the Terms and Conditions and all applicable Indian laws. This Web Site is offered to the User on the condition that User accepts the Terms and Conditions contained herein, without modification or reservation of any of the terms, conditions and notices contained herein and by accessing and browsing this Website, the User accepts, without limitation or qualification, the Terms and Conditions and acknowledges that any other agreement between the User and the Company are superseded and of no force or effect.
Representations & Warranties
The Company agrees to:
The Customer/Policy holder, represents and warrants that he/she/it:
Duty of Disclosure:
You must be aware of the “duty of disclosure” in relation to any insurance and the severe consequences of non-disclosure. Disclosing all material facts at the time of taking out any insurance is of utmost importance and in your own interest.
The duty of disclosure is a duty to pass on to the Underwriter(s) all “Material” information, relating to the risk under consideration.
“Material” in this context refers to all information, which a prudent Underwriter (not necessarily the Underwriter in question) would wish to take account of, when considering whether or not to accept the risk and, if so, upon what terms and at what price. Material information does not necessarily have to actually increase the risk.
The duty of disclosure continues up until the insurance has been concluded and “resurrects/revives” in the event of any amendment to the risk during the policy period or extension/renewal. It may also be that the terms of the policy include specific on-going disclosure conditions or warranties, which effectively extend the duty of disclosure post inception of the policy.
In completing a proposal or claim form or any other material document relating to insurance or policy and in providing information to or for Underwriters, the accuracy and completeness of all answers, statements and/or information is the policyholder’s own responsibility and it is of paramount importance that all relevant information is provided and that it is true, correct and accurate and there is no material concealment of the information.
In the event that there is a breach of the duty of disclosure, the Underwriter has the right to avoid the insurance from its commencement or this may have an adverse impact at the time of claim settlement.
Under such circumstances, the Underwriter(s) /Insurer(s) would be entitled to seek recovery of any claims already paid by them under the insurance. Further, we as insurance broker, the Insurer shall not be liable legally or otherwise, in the event of an improper disclosure or for concealment of any material information.
The duty of disclosure and the consequences of its breach may vary from the contract being void from inception to being voidable at the discretion of the Insurer, as per applicable laws.
Should you require any clarification on the duty of disclosure, please do not hesitate to get in touch with us.
The User expressly agrees that use of the Web Site is at his/her/it sole risk. The Web Site is provided on an "as is" and "as available" basis.
Except as warranted in these Terms and Conditions, the Company expressly disclaims all warranties of any kind, whether express or implied or statutory, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, data accuracy & completeness, and any warranties relating to non-infringement.
The Company shall not be responsible or liable for the authenticity, accuracy, completeness, errors, omission, typographic errors, disruption, delay, interruption, failure, deletion, defect of any information, research, reports, analysis, quotes etc., in this Web Site or any part thereof.
The Company shall not incur any liability direct or indirect, to the User or any third party, as a consequence of non-functioning of any equipment belonging to the User, any third party or the Company. The Company shall not be responsible for any downtime of such equipment.
The Company does not warrant that access to the Web Site will be uninterrupted, timely, secure, or error free; nor does the Company make any warranty as to the results that may be obtained from the Web Site or as to the accuracy or reliability of the content contained therein.
The Company makes no warranty regarding the transactions entered into through the Web Site. No advice or information, whether oral or written, obtained by the User from or through the Web Site or any person shall create any warranty not expressly stated herein.
The Company shall not be liable for any action taken by the User based on or relying on the information provided in or by the Web Site.
The Company will not be liable for any virus that may enter the User's system as a result of the User using the Web Site. The Company make no guarantees to User or third parties that the content contained on the Web Site would be virus free. The Company will not be liable for any direct, incidental or consequential loss, which may be caused to the User as a result of his/her use of the Web Site.
If the User is dissatisfied with any portion of this Web Site or with any of these Terms and Conditions, his/her sole and exclusive remedy is to discontinue using the Web Site.
Use of "cookie" file features:
The Company reserves the right to store information on a User's computer in the form of a "cookie" or similar file for purposes of modifying the Web Site to reflect User's preferences.
Limitation of liability:
Under no circumstances, including but not limited to negligence, shall the Company, its employees and directors, its suppliers and its third party advisors be liable to the User for any direct, indirect, incidental, special or consequential damages or any damages whatsoever including punitive or exemplary (including, but not limited to, damages caused by any virus, personal injury, loss of profits, data or other intangible, business interruption, loss of privacy, or any other pecuniary loss), arising out of or in any way connected with the use/delivery/performance of this Web Site, with the delay or inability to use this Web Site or any links or items on the Web Site, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through this Web Site, or otherwise arising out of the use of this Web Site, whether based on contract, tort, strict liability or otherwise, or for cost of procurement of substitute goods and repair & correction services or resulting from the use of this Web Site or obtained or messages received or transactions entered into through or from the Web Site or resulting from unauthorized access to or alteration of User's transmissions or data, even if the Company have been advised of the possibility of such damages.
The User agrees that the Company shall not be liable for any damages arising from interruption, suspension or termination of the Web Site, including but not limited to direct, indirect, incidental, special, consequential or exemplary damages, whether such interruption, suspension or termination was justified or not, negligent or intentional, inadvertent or advertent. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages. However, in no event shall the Company’s liability to the User for all damages, losses and causes of action (whether in contract or tort, including but not limited to, negligence) exceed the amount paid by the User, if any, for accessing the Web Site.
Modification of these Terms and Conditions:
The has the absolute discretion to amend or supplement any of these Terms at any time, without notice. The modifications to the Terms shall be displayed on the Web Site. In case where the User no longer wishes to use the Web Site on such new terms and conditions he/she/it is entitled to terminate his/her/its relationship in accordance with the termination clause in these Terms. On and from the date on which the amendment or supplement is notified by display on the Web Site, the User shall, by virtue of these Terms and without any further act, deed or writing on the part of any party, be deemed to have accepted the changed terms and conditions by his/her/its further use/access or visit to the Web Site.
If at any time any provision hereof is or becomes or is held to be illegal, invalid or unenforceable in any respect, the legality, validity or enforceability of the remaining provisions hereof shall in no way be affected or impaired thereby.
Notices under these Terms may be given by the Company and the User in writing by delivering them by hand or by sending them by post to the last address given by the User and in the case of the Company to the address mentioned on the Web Site.
In addition, the Company may also publish notices of general nature, which are applicable to all Users in a newspaper or on its Web Site. Such notices will have the same effect as a notice served individually to each User.
In the case of hand delivery, cable, telex, facsimile notices or electronic communication notices or instructions will be deemed served 7 days after posting or upon receipt as the case may be. Documents, which may be sent by electronic communication between the parties, may be in the form of an electronic mail, an electronic mail attachment, or in the form of an available download from the Web Site. The Company shall be deemed to have fulfilled any legal obligation to deliver to the User, if any such document is sent via electronic delivery. Any instructions received from the User by means of electronic delivery or by facsimile would be deemed to have been sent on paper.
The validity, construction and performance of this agreement/Terms and Conditions shall be governed by and interpreted in accordance with the laws of the Republic of India.
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 by a User in a country other than India would not mean that the laws of the said country would govern these Terms and/or the Web Site operations of the User and/or the use of the Web Site by the User.
The services available on the Web Site are being offered to Residents of India only. Provided however, that such services are not available to foreign residents including non-resident Indians ("NRI's") in foreign jurisdictions where the services cannot be offered without prior regulatory compliance. It shall be the sole responsibility of foreign residents including NRIs in foreign jurisdictions to verify whether the services available on the Web Site can be accessed and utilised in their respective jurisdictions.
However, NRI's can utilize the services available on the Web Site for the insurance requirements of the Residents in India as well as their insurance requirements arising in India, subject to applicable laws.
The services which are part of the Web Site 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.
The User acknowledges that any rights not expressly granted herein are reserved. These Terms and Conditions constitute the entire agreement between the Company and the User with respect to this Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the User and the Company with respect to this Web Site.
The various headings used in this agreement/Terms and Conditions are inserted for convenience of reference and are not deemed to affect the construction of the relative provisions.
Right to Sub-contract:
Subject to applicable laws, the Company may sub-contract and employ advisors to carry out any of its obligations under these Terms and Conditions. The Company may transfer or assign its rights and obligations under this contract to any of its affiliate.
In the event of any dispute or difference arising between the parties as to their respective rights or obligations in terms hereof or with regard to validity, interpretation, implementation or alleged breach of the terms of this agreement or incidental hereto including any dispute as to the existence or validity hereof, the parties shall attempt in the first instance to resolve such dispute through mutual negotiation/conciliation. If the dispute is not resolved through negotiation within 30 days after the commencement of such negotiation/conciliation or such longer period as the parties may agree, the parties agree to submit the dispute to a court of law. The parties agree to the exclusive jurisdiction of courts at Mumbai.