In this Agreement, the following expressions shall, unless the context requires otherwise, have the following meanings "person " means an individual; or a firm; or a company formed under the Companies Act, 1956 and/or Companies Act 2013 a co-operative society registered under the Co-operative Societies Act, 1912 or under any law for the registration of co-operative societies.
"Affiliate of BCIBL " shall mean and include:
- any company which is the holding or subsidiary company of BCIBL; or
- a person under the control of or under common control with BCIBL; or
- any person, in which BCIBL 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.
"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 BCIBL's Bank/ Approved Bank may offer from time to time.
" Call Center " or "Customer Care Centre" means the call center set up by BCIBL to assist Customers of BCIBL with respect to various transactions and to furnish information etc.
"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 BCIBL 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. BCIBL 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.
"BCIBL" means Bajaj Capital Insurance Broking Limited, a Company incorporated under the Companies Act, 1956, having its Registered Office at Bajaj House, 97, Nehru Place, New Delhi – 110 019 and Registered with Insurance Regulatory & Development Authority of India as Composite Broker bearing License No. 241 and License Code CB 042/02 and a member of the Insurance Brokers Association of India bearing Membership No. 119 (which term, unless repugnant to the context or meaning thereof, shall mean and include its successors-in-interest, administrators, executors, nominees and assigns)
"Policy" means the various products of the General and Life Insurance companies.
"Policy Holder" means a person who purchases a Policy from BCIBL.
"Terms" or "Terms and Conditions" means the terms and conditions for use of the Web Site, as specified herein, by Visitors and Customers.
"Transaction Password" means the password, or other means of authentication as BCIBL may specify from time to time, that is provided by BCIBL to the Customer upon provision of which, the Customer would be able to authorise transactions specified by BCIBL 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 BCIBL and the products and other facilities 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.bajajcapitalinsurance.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 BCIBL.
"Services" means the nature of services offered hereunder subject to the IRDA (Insurance Brokers) Regulations, 2002 (as amended from time to time).
"IRDA" means Insurance Regulatory and Development Authority of India.
"Code of Conduct" means code of conduct as prescribed under the IRDA (Insurance Brokers) Regulations, 2002 (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 BCIBL unconditionally. By accessing the Web Site, the User acknowledges and accepts these Terms and Conditions.
Terms and conditions of usage of the site:
BCIBL provides information in this website 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 BCIBL, to buy any policy(ies) etc., discussed there in by BCIBL or any of their 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 BCIBL nor any of their 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 BCIBL 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:
Subject to the Terms, BCIBL 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 BCIBL.
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.
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.
Any transaction authorized by using the Customer ID and Customer / Transaction Password is deemed to be that of the Customer and BCIBL 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 BCIBL 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.
BCIBL 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.
The Customer shall immediately notify BCIBL 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 BCIBL immediately upon the Customer's knowledge when any of the above conditions occur, neither BCIBL 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 BCIBL 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.
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, BCIBL 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 BCIBL may require and/or discontinue the usage of the Customer Password and the Transaction Password.
Subject to the Terms and Conditions, BCIBL 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 BCIBL.
Authority to BCIBL:
The Customer irrevocably and unconditionally authorizes BCIBL to carry out his instructions, effecting such transactions as may be permitted by BCIBL from time to time, in accordance with these Terms and such other terms as may be specified by BCIBL. Certain transactions would be effected only after the Customer authorizes it by using the Customer/Transaction Password and BCIBL 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 BCIBL from time to time, BCIBL'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 BCIBL 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 BCIBL canvassing any particular product.
The Web Site shall 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. BCIBL 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 has information about the Claims Assistance service to be provided by BCIBL. The provision of claims assistance by the Service Provider 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/nonpayment of claims by Insurance companies.
Complaints Handling Procedure:
The Website has complaint handling procedure regarding letters of instruction, policies and renewal documents etc., for the benefit of customers. Any User 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 Web Site and ensuring delivery of Customer's instructions/complaints to the Insurance Company made through the Service Provider's Web Site. 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:
BCIBL 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. BCIBL 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.
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, pandemic, 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 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 BCIBL or otherwise compromise or imperil the interests of BCIBL. The User acknowledges that the Web Site has been developed, compiled, prepared, revised, selected and arranged by BCIBL 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 BCIBL and such others. User agrees to protect the proprietary rights of BCIBL 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 BCIBL 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 BCIBL 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 BCIBL.
The User shall not:
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.
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.
Rent, lease, sell, sublicense, or lend your access to the Web Site.
Cache or permit caching by any person.
Do any act that violates the Service Provider's intellectual property in the Web Site.
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.
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. 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 User is not logged on.
Although BCIBL 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, BCIBL 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. BCIBL will fully cooperate with any law enforcement authorities or court order requesting or directing BCIBL to disclose the identity of anyone posting any such information or materials.
BCIBL reserves the right to deny to any User, at BCIBL's sole discretion, access to the Web Site, including any portion thereof, without any prior notice.
BCIBL 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, BCIBL and/or by BCIBL'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 BCIBL 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 BCIBL 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 BCIBL will aggressively enforce and protect its intellectual property rights to the fullest extent as permitted by law, including the seeking of criminal prosecution. BCIBL shall be entitled to obtain equitable relief (including all damage, direct, indirect, consequential and exemplary), over and above all other remedies available to BCIBL, to protect its interests therein.
Links to third party web sites:
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 BCIBL 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 BCIBL, its directors and employees, representatives, suppliers and advisors, against any claim, suit, action or other proceeding brought against BCIBL, 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 BCIBL, 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 use by the User or someone else's use of the User's access to the Web Site.
The User's use/operation or someone using/operating or conducting any transactions, through the access of the User where applicable.
A violation of the terms and conditions contained herein by the User or anyone using his/her or any other computer.
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
Any deletions, additions, insertions or alterations to, or any unauthorized use of, the Web Site by the User or someone using User's computer
Any misrepresentation or breach of representation or warranty contained herein made by the User or
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.
In the preparation of this Web Site (“Site”) and its content including images, text files etc, Bajaj Capital Insurance Broking Ltd. (BCIBL) has used information that is publicly available including some information that is developed in-house.
The information on this Site is provided "AS IS". BCIBL 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. BCIBL 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 BCIBL believes to be reliable, BCIBL 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 BCIBL, 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 BCIBL or of any vendor providing software or service support. In no event will BCIBL be liable to you for any direct, special, indirect, consequential, incidental damages or any other damages of any kind even if BCIBL 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 BCIBL, 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 BCIBL. BCIBL 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. BCIBL 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 BCIBL 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 BCIBL 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 BCIBL are superseded and of no force or effect. This Web Site may contain links to other websites, web-pages and services operated by BCIBL and / or its Affiliates (the "BCIBL Sites"), and User's use of each such BCIBL Site is also subject to the Terms and Conditions and other terms and guidelines, if any, contained within each such BCIBL 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 such BCIBL Site, then the Terms and Conditions and other terms and guidelines for such BCIBL Site shall prevail. The User 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 BCIBL Sites and abide by them if he/she choose to use the sites, pages or services to which they apply. The User should assume that everything he/she sees or reads on the Web Site (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 Web Site without the prior written permission of BCIBL. BCIBL neither warrants nor represents that the User's use of materials displayed on the Web Site will not infringe patent, copyright or any intellectual property rights or any other rights of third parties not owned by or affiliated with BCIBL. The disclaimer as set forth herein is in addition to the legal disclaimer as specified in the website www.bajajcapitalinsurance.com
Representations & Warranties by BCIBL
BCIBL undertakes to:
follow recognised standards of professional conduct and discharge its functions in the interest of the Customers/Policyholders.
conduct its dealings with Customers /Policyholders with utmost good faith and integrity at all times;
act in line with the Code of Conduct with care and diligence;
ensure that the Customer / Policyholder understands his/her relationship with BCIBL and on whose behalf the BCIBL is acting;
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;
confirm that it does not employ agents or canvassers to bring in business;
give advice only on those matters in which it is knowledgeable and seek or recommend other specialist for advice when necessary;
explain the procedures to follow in the event of a loss.
ensure that the consequences of non-disclosure and inaccuracies are pointed out to the prospective Customer / Policyholder;
avoid influencing the prospective Customer /Policyholder.
quote terms exactly as provided by insurer;
provide the Customer / Policyholder with confirmation that insurance has been effected.
notify changes to the terms and conditions of any insurance contract and give reasonable notice before any changes take effect;
advise its Policyholders 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;
ensure that letters of instruction, policies and renewal documents contain details of complaints handling procedures;
accept complaints either by phone or in writing or email;
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 timeline for dealing with it;
ensure that response letters are sent and inform the complainant of what he may do if he is unhappy with the response;
ensure that complaints are dealt diligently;
advise the Policy holder in writing of the insurance premium and any fees or charges separately and the purpose of any related services;
ensure that its staff are aware of and adhere to the standards expected of them under the code of conduct prescribed;
ensure that staff are competent, suitable and have been given adequate training;
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 as insurance brokers.
undertakes to conform to the provisions of Section 41 of the Act, which prohibits rebating and sharing of commission.
assist the customers in opening e-insurance accounts.
assist the customers in obtaining/receiving electronic insurance policies.
not to favour any particular insurer while arranging insurance contracts to clients.
Representation and Warranties by the Customer/Policy Holder
The Customer / Policy holder, represents and warrants that he/ she /it:
hereby irrevocably authorises BCIBL to represent the Customer /Policy holder to the insurer and communicate the grant of a cover to the Policy holder after effecting insurance;
hereby irrevocably gives mandate to BCIBL to represent the Customer / Policy holder to the insurer/ reinsurer (as the case may be);
hereby acknowledges that the role of BCIBL in obtaining insurance/reinsurance from the insurers is that of an agent of the Customer/policy holder
hereby acknowledges to be fully aware of the consequences of non-disclosure and inaccuracies
acknowledges that BCIBL has only given information and general advise but has not influenced the decision of prospective Customer /Policy holder.
undertakes to notify claims promptly and disclose all material facts and subsequent developments as soon as possible;
undertakes to carefully check the 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, bring it to the notice of BCIBL and the Insurers
undertakes to provide details of all subsequent changes that might affect the insurance throughout the duration of the policy;
undertakes to disclose all material facts within their knowledge and give a fair presentation of the risk.
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, BCIBL 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.
BCIBL 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.
BCIBL 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 BCIBL. BCIBL shall not be responsible for any downtime of such equipment.
BCIBL does not warrant that access to the Web Site will be uninterrupted, timely, secure, or error free; nor does BCIBL 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.
BCIBL 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.
BCIBL 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.
BCIBL will not be liable for any virus that may enter the User's system as a result of the User using the Web Site. BCIBL make no guarantees to User or third parties that the content contained on the Web Site would be virus free. BCIBL 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.
Duty of Disclosure:
You must be aware of the “duty of disclosure” in relation to any insurance or reinsurance and the severe consequences of non-disclosure. Disclosing all material facts at the time of taking out any insurance or re-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 or reinsurance 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 ongoing 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 an insurance or reinsurance 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 or reinsurance 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 or reinsurance. Further, we as the insurance broker, the Insurer and/or the re-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 or Re-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.
Limitation of liability:
Under no circumstances, including but not limited to negligence, shall BCIBL, 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 BCIBL have been advised of the possibility of such damages.
The User agrees that BCIBL 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 BCIBL'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: BCIBL 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 BCIBL and the User in writing by delivering them by hand or by sending them by post/e-mail to the last address given by the User and in the case of BCIBL to the address mentioned on the Web Site.
In addition, BCIBL 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. BCIBL shall be deemed to have fulfilled any legal obligation to deliver to the User, if any such document is sent via electronic delivery.
The validity, construction and performance of this Agreement shall be governed by and interpreted in accordance with the laws of the Republic of India.
BCIBL 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 BCIBL 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 BCIBL 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:
Subject to applicable laws, BCIBL may sub-contract and employ advisors to carry out any of its obligations under these Terms and Conditions. BCIBL 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 Delhi/New Delh