GENERAL TERMS AND CONDITIONS GOVERNING THE USE OF THIS WEBSITE BY VISITORS, CUSTOMERS AND REGISTERED USERS

GENERAL

Definitions

In this Agreement, the following expressions shall, unless the context requires otherwise, have the following meanings

a. “person ” means ─

1. an individual; or

2. a firm; or

3. a company formed under the Companies Act, 1956 (1 of 1956); or

4. a co-operative society registered under the Co-operative Societies Act, 1912 or under any law for the registration of co-operative societies; or

b. “ Affiliate of ICM” shall mean and include:

1. any company which is the holding or subsidiary company of ICM; or

2. a person under the control of or under common control with ICM; or

3. any person, in which ICM has a direct or beneficial interest or control in 26% or more of the voting securities of such person.

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.

c.  “Bank Account” refers to the Customer's account with bank acceptable to the Company ("Approved Bank"), which may either be a current account, savings account, fixed deposit, term deposit or any other account facilities that ICM’s Bank/ Approved Bank may offer from time to time.

d.  “ Call Center ” or “Customer Care Centre” means the call center set up by ICM to assist Customers of ICM with respect to various transactions and to furnish information etc.

e.  “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 Visitors, Customers and Registered Users from time to time on the Web Site.

f.  “ Customer Password” means the password or other means of authentication as ICM 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 and claim forms for various general and life insurance products that are offered by various Insurance Companies. ICM 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.

g.  “ICM” means the owner of this site authorized to sell insurance policies. 

h.  “Policy” means the various general and life insurance policies of various Insurance companies that ICM may introduce from time to time.

i.  “Policy Holder” means a person who purchases a Policy from ICM.

j.  “Terms” or “Terms and Conditions” means the terms and conditions for use of the Web Site, as specified herein, by Visitors and Customers.

k.  “Transaction Password” means the password, or other means of authentication as ICM may specify from time to time, that is provided by ICM to the Customer upon provision of which, the Customer would be able to authorise transactions specified by ICM from time to time, further details of which shall be provided on the Web Site.

l.  “Visitor” or “User” or “Registered User” means any person having access to the Web Site for general information about ICM and its products and other facilities offered from time to time on the Web Site.

m.  “Web Site” means the portal located at the URL www.easyinsuranceindia.com or .in 

n. “Visitor” or “Customer” or “User” or “Registered User” in masculine gender shall be deemed to include the feminine gender and singular includes plural and vice versa.

o. " includes" should be construed as "without limitation".

p. “Service Provider” means ICM.

q. “Services” means the nature of services offered 

r. “IRDA” means Insurance Regulatory and Development Authority.

s. “Code of Conduct” means code of conduct as prescribed under the IRDAI 

t. “Insurance Act” means The Insurance Act, 1938.

Applicability of Terms

These Terms and Conditions, in so far as they refer to the Visitor, User and Customer, form the contract and agreement between such Visitor/Customer and ICM unconditionally. By accessing the Web Site, the Visitor acknowledges and accepts these Terms and Conditions.

TERMS AND CONDITIONS OF USAGE OF THE SITE

Information Services

ICM provides information in this website about various insurance products available in the Insurance Markets for the benefit of Customer/Visitor. The availability of the information and guidance as part the Web Site does not constitute a recommendation by ICM, to buy any policies etc., discussed there in by ICM or any of their personnel. Any decisions to buy a policy will be based solely on the Visitor'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 ICM nor any of their Directors, Employees, Advisors, Affiliates or subsidiaries 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 Visitor to evaluate the completeness, accuracy or usefulness of any opinion, guidance or other content made available on the Web Site and the Visitor should consult her/his/its own legal counsel, business Advisor and tax Advisor as to the legal, business, tax and related matters concerning any policies with respect to which guidance is sought or given.

Customer Password and Transaction Password

In the event that ICM has, or may from time to time, introduce or offer certain services on the Web Site which require authentication procedures, the 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 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:

1. Subject to the Terms, ICM shall take reasonable care to ensure the security of and to prevent unauthorized access to the services, which are part of the Web Site using technology reasonably available to ICM.

2. The Customer confirms and agrees that he will be the sole and exclusive owner and is the only authorized user of the Customer ID and the Customer and/or Transaction Passwords and accepts sole responsibility for use, confidentiality and protection of the Customer ID and the Customer and/or Transaction Passwords as well as for all transactions authorized by such password/s and shall ensure that the password/s is/are not revealed to any third party or recorded in any written or electronic form.

3. If the Customer forgets /loses the Customer ID or the Customer /Transaction Password, or is otherwise desirous of a change the said Passwords, the customer can request for change of the password by using the options available in the website itself. The Customer shall be responsible and liable for all transactions that are carried out by the use of the Customer ID or the Customer/ Transaction Password.

4. Any transaction authorized by using the Customer ID and Customer / Transaction Password is deemed to be that of the Customer and ICM is not responsible for any mistake / error made by the Customer as to the nature of the transaction. If third parties gain access to the services offered through the use of the Customer ID and Customer /Transaction Password, the Customer shall be deemed to be responsible and the Customer hereby indemnifies and holds harmless ICM against any liability, costs or damages arising out of claims or suits by or against such third parties based upon or relating to such access and use. The Customer shall be responsible for providing and maintaining the communications equipment (including personal computers and modems) and telephone or alternative services required at the Customer's end for accessing and using the Web Site or related services, and for all communications service fees and charges incurred by the Customer in accessing the Web Site or related services. It is the Customer's responsibility to ensure that no unauthorized person has access to its computer unattended whilst accessing the Web Site.

5. ICM would be entitled, at its sole discretion, to seek offline written or other confirmation from the Customer of any transaction as it may deem fit.

6. The Customer shall immediately notify ICM in writing, delivered via e-mail and/or Registered AD, or notify through the indicated telephone number of the Call Centre on the Customer becoming aware of any loss, theft or unauthorized use of the Customer ID and/or Customer/Transaction Password; or any receipt by the Customer of confirmation of any transaction which the Customer did not authorize; or any inaccurate information in the Customer's account balances, securities positions, or transaction history. If the Customer fails to notify ICM immediately upon the Customer's knowledge when any of the above conditions occur, neither ICM nor any of their officers, directors, employees, Advisors, Affiliates or subsidiaries can or will have any responsibility or liability to the Customer or to any other person whose claim may arise through the Customer with respect to any of the circumstances described above. Under no circumstances shall ICM or anyone involved in creating, producing, delivering or managing the services which are part of the Web Site be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the services, or out of any breach of any warranty.

7. In the event that the certifying authorities and other infrastructure contemplated under the Information Technology Act, 2000, for ensuring secure electronic records and secure digital signatures is notified by the concerned authorities and the infrastructure to enable the same is in place, ICM would have the right to require the Customers to authorise use, operate or otherwise authorise, the transactions by means of digital signatures or other means of authentication as ICM may require and/or discontinue the usage of the Customer Password and the Transaction Password.

Subject to the Terms and Conditions, ICM 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 ICM.

Authority to ICM

The Customer irrevocably and unconditionally authorizes ICM to carry out his instructions, effecting such transactions as may be permitted by ICM from time to time, in accordance with these Terms and such other terms as may be specified by ICM. Certain transactions would take effect only after the Customer authorizes it by using the Customer/Transaction Password and ICM 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 ICM from time to time, ICM'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 ICM 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 ICM canvassing any particular product.

Policy Expiry

The website shall have information about the expiry of Policy. Customers are advised to issue insurance orders online with a clear 5 working days before the expiry of the policy. ICM will not be responsible for any expiry/lapsing of the policy.

Though, entry of information in various search and entry forms in the website 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.

Claims Assistance

The website shall have information about the Claims Assistance service to be provided by ICM. The provision of claims assistance by the Service providers is a free service provided by the Service provider to assist the customer. It does not in any manner whatsoever assure the approval and payment of the claim by the Insurance Company. The service provider would not be responsible whatsoever for delay/non payment of claims by Insurance companies.

Refunds

1. If, for some reason, the customer decides not to purchase insurance from us after making the payment, he can request for a refund.  If we have not remitted the payment to the insurance company by then, we will refund the amount after deducting Rs.150/- of service charge.

2. If we had already handed over the money to the insurance company for issue of policy by the time the customer requests for refund, we will not be responsible for any refund. We will only give the contact information of the insurance company to the customer and the customer will have to approach the insurance company for refund.

3. If, for some reason, the insurance company rejects issue of policy to a customer, then the insurance company would be responsible for refunding the money in full without deducting any service charge.  If payment was made by way of cheque to the insurance company, the cheque would be returned back to the customer.  

4. If, after reviewing the proposal, the insurance company demands additional premium to cover the risk, we would intimate the same to the customer.  If the customer does not want to make additional payment, then we will refund the money in full without deducting any service charge, if we have not by then remitted the payment to the insurance company, provided the information provided by the customer in the proposal was true and complete.  If however we have by then remitted the payment to the insurance company, we will advise the Insurance company to refund the amount and thereafter it is for the Insurance Company to refund the amount and for the customer to follow up the refund.

5. In cases when a customer provides false information (for example, he says that he is eligible for 40% discount whereas we find later that he is eligible only for 30%) during payment and consequently additional payment of premium is required, if the customer is not willing to make the additional payment, then we would refund the money after deducting Rs.150/- for service charge.

6. If the policy is already issued and the customer wants to cancel the policy and wants a refund, he has to directly get in touch with the insurance company.  We will have no responsibility for the cancellation or refund and will only assist the customer to contact the insurance company.

7. If, for any other reason, we (not the insurance company) are unable to process your policy within 30 calendar days from the date on which the purchase was made, we shall cancel the order and the customer shall be refunded after deducting applicable service charge, if any.

Complaints Handling Procedure

The Website has complaint handling procedure regarding letters of instruction, policies and renewal documents etc., for the benefit of customers. Any customer/visitor having any query/complaint against the provision of services may use this facility for the redressal of their grievances. The Service Provider will be responsible only for rectifying any defects in its website and ensuring delivery of customer’s instructions/complaints to the Insurance Company made through the Service Provider’s website. The Service Provider shall not be responsible for defaults and non redressal of grievances on the part of the Insurance companies.

Right to Alter the Services

ICM 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 Visitors or Customers. Any addition, suspension, revision, amendment, cancellation or suspension shall be effective and binding on the Visitors / Customers. ICM 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.

Force Majeure

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 service provider.

Deemed Use of the Website

The Website is deemed to be in use when it is loaded in temporary or permanent memory of your computer.

Restrictions on Use

The Visitor/Customer agrees to use the Web Site strictly for personal use. The Visitor/Customer undertakes not to use this Web Site for any illegal purpose or in any manner inconsistent with these Terms and Conditions. The Visitor/Customer 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 ICM or otherwise compromise or imperil the interests of ICM. The Visitor/Customer acknowledges that the Web Site has been developed, compiled, prepared, revised, selected and arranged by ICM 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 ICM and such others. Visitor/Customer agrees to protect the proprietary rights of ICM 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 ICM or its suppliers of content, equipment or otherwise to protect their and others' contractual, statutory and common law rights in the Web Site. The Visitor/Customer agrees to notify ICM in writing promptly upon becoming aware of any unauthorized access or use of the Web Site by any party or of any claim that the Web Site infringes upon any copyright, trademark or other contractual, statutory or common law rights. The Visitor/Customer 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 exclusive personal use only. The Visitor/Customer further acknowledges that all the intellectual property in the Web Site continues to vest with ICM.

The Visitor/Customer shall not:

1. 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 in violation of the Terms and Conditions or the laws of any country.

2. Create a database in electronic or structured manual form by systematically downloading and storing all or any part of the Web Site, save and except such information as relates to the Policy, if you are a Customer.

3. Rent, lease, sell, sublicense, or lend your access to the Web Site.

4. Cache or permit caching by any person.

5. Do any act that violates the Service Provider’s intellectual property in the Website.

6. 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.

7. Use the Web Site 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.

8. h. Run mail list or any form of auto-responder, or spam on the Web Site or any processes that are run or are activated while the Visitor/Customer is not logged on.

Although ICM 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, ICM 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 Visitor/Customer 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. ICM will fully cooperate with any law enforcement authorities or court order requesting or directing ICM to disclose the identity of anyone posting any such information or materials.

Access restriction

ICM reserves the right to deny to any Visitor/Customer, at ICM’s sole discretion, access to the Web Site, including any portion thereof, without any prior notice.

Intellectual Property

ICM grant 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, ICM and/or by ICM'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, are registered and unregistered Trademarks of ICM 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 written permission of ICM 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 Users are also advised that ICM will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution. ICM shall be entitled to obtain equitable relief (including all damage, direct, indirect, consequential and exemplary), over and above all other remedies available to ICM, to protect its interests therein.

Links to third party web sites

This Web Site may contain links to websites operated by parties other than us. Such links are provided for convenience of the user only and ICM does not control such websites, and is not responsible for their content. The use of such websites is also subject to the terms of use and other terms and guidelines, if any, contained within each such website. In the event that any of the terms contained herein conflict with the terms of use or other terms and guidelines contained within any such website, then the terms of use and other terms and guidelines for such website shall prevail. The User agrees to click on the links to, and familiarize with, the terms of use and other terms found in the sites to which this Web Site has links to, and abide by them.

The linked websites are not under ICM’s control and ICM 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. ICM is providing these links to the User only as a convenience, and the inclusion of any link does not imply endorsement by ICM 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 ICM 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.

Indemnification

The user agree, at user’s own expense, to indemnify, defend and hold harmless ICM, its directors and employees, representatives, suppliers and Advisors, against any claim, suit, action or other proceeding brought against ICM, 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 ICM, 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:

1. The use by the Visitor/Customer or someone else's use of the Visitor/Customer’s access to the Web Site.

2. The Visitor/Customer’s use/operation or someone using/operating or conducting any transactions, through the access of the Visitor/Customer where applicable.

3. A violation of the terms and conditions contained herein by the Visitor/Customer or anyone using his/her or any other computer.

4. A claim that any use of the Web Site by user or someone using user’s 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

5. Any deletions, additions, insertions or alterations to, or any unauthorized use of, the Web Site by the user or someone using user’s computer

6. Any misrepresentation or breach of representation or warranty contained herein made by the user or

7. Any breach of any covenant or agreement to be performed by the user hereunder.

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.

Legal Disclaimer

ICM shall try and ensure that all information that is provided on the Web Site with respect to policies / products are accurate in all respects and are kept up to date. However, ICM does not guarantee the timeliness, accuracy, completeness, reliability or content of the information and any changes that are made with respect to the same. The Visitor/Customer is required to check the accuracy of the same with the office of ICM.

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 ICM 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 IRDA, 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 ICM and the use of the Web Site by the visitor/customer is subject to the Terms and Conditions and all applicable Indian laws. This Website is offered to the visitor/customer on the condition that visitor/customer 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 visitor/customer accepts, without limitation or qualification, the Terms and Conditions and acknowledges that any other agreement between the visitor/customer and ICM are superseded and of no force or effect. This Web Site may contain links to other websites, web-pages and services also operated by ICM and / or its Affiliates (the "ICM Sites"), and visitor/customer’s use of each ICM Site is also subject to the Terms and Conditions and other terms and guidelines, if any, contained within each such ICM Site. In the event that any of the terms, conditions, and notices contained herein conflict with the Terms and Conditions or other terms and guidelines contained within any particular ICM Site, then the Terms and Conditions and other terms and guidelines for such ICM Site shall prevail. The Visitor/Customer hereby agrees and confirms that he/she shall click on the links to, and familiarize himself/herself with the terms and conditions and other terms and guidelines found throughout this Web site and the ICM Sites and abide by them if he/she choose to use the sites, pages or services to which they apply. The Visitor/Customer should assume that everything he/she sees or reads 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, (collectively "the Content") is copyrighted/ protected by intellectual property laws unless otherwise noted and may not be used except as provided in these Terms and Conditions or in the text on the Website without the prior written permission of ICM. ICM neither warrants nor represents that the visitor/customer’s use of materials displayed on the Website will not infringe patent, copyright or any intellectual property rights or any other rights of third parties not owned by or affiliated with ICM. The disclaimer as set forth herein is in addition to the legal disclaimer as specified in the website www.easyinsuranceindia.com and www.ezeeinsuranceindia.com

Representations & Warranties

ICM undertakes to

1. follow recognised standards of professional conduct and discharge its functions in the interest of the customers/policyholders.

2. conduct its dealings with Customers /Policy Holders with utmost good faith and integrity at all times;

3. act in line with the Code of Conduct with care and diligence;

4. ensure that the Customer / Policy holder understands his/her relationship with the ICM and on whose behalf it is acting;

5. treat all information supplied by the prospective Policy holders as completely confidential to themselves and to the insurer(s) to which the business is being offered;

6. confirm that it does not employ agents or canvassers to bring in business;

7. give advice only on those matters in which it is knowledgeable and seek or recommend other specialist for advice when necessary;

8. explain the procedures to follow in the event of a loss.

9. ensure that the consequences of non-disclosure and inaccuracies are pointed out to the prospective Customer / Policy holder;

10. avoid influencing the prospective Customer /Policy holder.

11. quote terms exactly as provided by insurer;

12. provide the Customer / Policy holder with prompt written confirmation that insurance has been effected.

13. notify changes to the terms and conditions of any insurance contract and give reasonable notice before any changes take effect;

14. advise its Policy holders of any insurance proposed on their behalf which will be effected with an insurer outside India , where permitted, and, if appropriate, of the possible risks involved;

15. ensure that letters of instruction, policies and renewal documents contain details of complaints handling procedures;

16. accept complaints either by phone or in writing;

17. acknowledge a complaint within fourteen days from the receipt of correspondence, advise the member of staff who will be dealing with the complaint and the timetable for dealing with it;

18. ensure that response letters are sent and inform the complainant of what he may do if he is unhappy with the response;

19. ensure that complaints are dealt with at a suitably senior level;

20. advise the Policy holder in writing of the insurance premium and any fees or charges separately and the purpose of any related services;

21. ensure that its staff are aware of and adhere to the standards expected of them under the code of conduct prescribed;

22. ensure that staff are competent, suitable and have been given adequate training;

23. display in every office where it is carrying on business and to which the public have access a notice to the effect that a copy of the code of conduct is available upon request and that if a member of the public wishes to make a complaint or requires the assistance of the Authority in resolving a dispute, he may write to the Authority.

24. abide by the provisions of the Insurance Act,1938 (4 of 1938), Insurance Regulatory And Development Authority Act 1999(41 of 1999), code of conduct, rules and regulations made there under which may be applicable and relevant to the activities carried on by them.

REPRESENTS AND WARRTENTIES CUSTOMER/POLICY HOLDER

The Customer/Policy holder

1. hereby irrevocably authorise ICM to represent the Customer /Policy holder to the insurer and communicate the grant of a cover to the Policy holder after effecting insurance;

2. hereby irrevocably gives mandate to ICM to represent the Customer / Policy holder to the insurer/ reinsurer; and confirm cover to the insurer after effecting re-insurance, and submit relevant reinsurance acceptance and placement slips;

3. hereby acknowledges that the role of ICM in obtaining insurance/reinsurance from the insurers is that of an agent of the Customer/policy holder

4. hereby acknowledges to be fully aware of the consequences of non-disclosure and inaccuracies

5. acknowledges that ICM has only given information and general advise but has not influenced the decision of prospective Customer /Policy holder.

6. undertakes to notify claims promptly and disclose all material facts and subsequent developments as soon as possible;

7. undertakes to carefully check details of information given in the documents and ensure that the information provided are true, fair and complete disclosure in all respects. And in the event of any discrepancy to bring it to the notice of ICM and the Insurers

8. undertakes to provide details of all subsequent changes that might affect the insurance throughout the duration of the policy;

9. undertakes to disclose all material facts within their knowledge and give a fair presentation of the risk.

10. undertakes to conform to the provisions of Section 41 of the Act, which prohibits rebating and sharing of commission.

User's Warranties

The User expressly agrees that use of the Web Site is at his/her sole risk. The Web Site is provided on an "as is" and "as available" basis.

Except as warranted in these Terms and Conditions, ICM 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.

ICM 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.

ICM 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 ICM. ICM shall not be responsible for any downtime of such equipment.

ICM do not warrant that access to the Web Site will be uninterrupted, timely, secure, or error free; nor do ICM 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.

ICM make 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.

ICM 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.

ICM will not be liable for any virus that may enter the visitor/customer’s system as a result of the User using the Web Site. ICM make no guarantees to User or third parties that the content contained on the Web Site would be virus free. ICM 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

ICM 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 users' preferences.

Limitation of liability

Under no circumstances, including but not limited to negligence, shall ICM, 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 other wise, 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 visitor/customer’s transmissions or data, even if ICM have been advised of the possibility of such damages.

The User agrees that ICM 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 ICM’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 visitor/customer, if any, for accessing the Web Site.

Modification of these Terms and Conditions

ICM has the absolute discretion to amend or supplement any of these Terms at any time and will endeavour to give prior notice of five days for such changes wherever feasible. The modifications to the Terms shall be displayed on the Web Site. In case where the Customer no longer wishes to use the Web Site on such new terms and conditions he/she is entitled to terminate his/her 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 Customer 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 further use/access or visit to the Web Site.

Severability

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

Notices under these Terms may be given by ICM and the Customer in writing by delivering them by hand or by sending them by post to the last address given by the Customer and in the case of ICM to the address mentioned on the Web Site.

In addition, ICM may also publish notices of general nature, which are applicable to all Visitors or Customers in a newspaper or on its Web Site. Such notices will have the same effect as a notice served individually to each Visitor or Customer.

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. ICM shall be deemed to have fulfilled any legal obligation to deliver to the Customer if any such document is sent via electronic delivery. Any instructions received from the Customer/Visitor by means of electronic delivery or by facsimile would be deemed to have been sent on paper.

Applicable Law

The validity, construction and performance of this Agreement shall be governed by and interpreted in accordance with the laws of the Republic of India.

Jurisdiction

ICM 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 Visitor or a Customer 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 Customer and/or the use of the Web Site by the Visitor or the Customer or 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.

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.

Entire Agreement

The Visitor/Customer/User acknowledges that any rights not expressly granted herein are reserved. These Terms and Conditions constitutes the entire agreement between ICM 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 ICM with respect to this Web Site.

Headings

The various headings used in this Agreement are inserted for convenience of reference and are not deemed to affect the construction of the relative provisions.

Right to Sub-contract

ICM may sub-contract and employ Advisors to carry out any of its obligations under these Terms and Conditions. ICM may transfer or assign its rights and obligations under this contract to any Affiliate.

Privacy Policy

Privacy Policy as defined separately under this website shall also forming part of this agreement.

Arbitration

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 negotiation. If the dispute is not resolved through negotiation within 30 days after the commencement of such negotiation or such longer period as the parties may agree in writing, then such dispute or differences shall be referred to arbitration by a Sole Arbitrator jointly agreed and appointed by the parties to the dispute failing which, to three Arbitrators. Each Party shall nominate one arbitrator. The two Arbitrators so appointed shall together nominate the 3rd Arbitrator who shall be the Presiding Arbitrator. The venue of the arbitration proceedings shall be Chennai, India and shall be governed by the rules of the Arbitration and Conciliation Act of 1996. The decision of the arbitrators shall be final and binding on all parties to this agreement. The language used in the arbitration shall be English.