terms and conditions user agreement
Terms & Conditions
By visiting our site www.edelweisstokio.in (“Website”) you (“you” refers to the user or viewer of the Website) are agreeing to be bound by the following terms and conditions. We may change these terms and conditions at any time. By using this Website or any utility in this website directly or indirectly you abide by all terms and conditions mentioned herein and that you accept any new or modified terms and conditions that we come up with. If you do not agree to any of the terms mentioned herein, you should exit the site immediately.
Registration / Enrolment and Termination
By registering for this facility you understand that Edelweiss Tokio Life Insurance Company Limited and its group companies, directors, employees and associates (hereinafter singly and jointly referred to as “ETLI”) reserves its rights in its sole discretion, to deny you access to this Website or any portion thereof without notice for the following reasons (a) any unauthorized access or use by you (b) if you assign or transfer (or attempt the same) any rights granted to you under this User Agreement or any other agreement that you may have entered with ETLI; (c) if you violate any of the other terms and conditions of this User Agreement. Termination or cancellation of this Agreement shall not effect any right or relief to which ETLI may be entitled, at law or in equity. Upon termination of this User Agreement, all rights granted to you will terminate and revert to ETLI.
ETLI, hereby grants you a limited, non-exclusive, non-assignable and non-transferable license to access to the Website provided and expressly conditioned upon your agreement that all such access and use shall be governed by all of the terms and conditions set forth in this User Agreement.
Unauthorized use of this Website and systems, including, but not limited to, unauthorized entry into ETLI’s systems, online accounts, client desks, partners & distributor desks, misuse of passwords or misuse of any other information, is strictly prohibited. You may not use this Website in any manner that could damage, disable, overburden, or impair this Website or service or interfere with any other party's use and enjoyment of this Website or service. You may not attempt to gain unauthorized access to any of our site or service and computer systems or networks connected to it, through hacking. You agree that you will not engage in any activities related to this website that are contrary to the applicable laws or regulations in force.
The users have the primary responsibility to keep their login-ids and passwords secure and to not display such crucial, important information to any third person. In case of any such leak of login-id & password, ETLI cannot be responsible for the loss of such information, or for any act, omission, damages, claims, loss of personal information, etc arising from the use of such leakage of login-ids and passwords. ETLI may, at its own discretion, use certain technology on its websites to collect information from visitors and may compile aggregate statistical information about how visitors use its websites, including information relating to the frequency of visits, the average length of visits, which pages are viewed during a visit. No individually identifiable information is collected for this purpose and ETLI does not monitor individual visitor behavior.
ETLI reserves its right, in its sole discretion, without any obligation and without any notice requirement, to change, improve or correct the information, materials and descriptions on this website and to suspend and/or deny access to this website for scheduled or unscheduled maintenance, upgrades, improvements or corrections. ETLI may discontinue or change any service described in or offered on this Website or in any modules or parts thereof at any time if deems fit and proper. ETLI (including its and their directors, employees, affiliates, agents, representatives or subcontractors) shall not be liable for any loss or liability resulting, directly or indirectly, from delays or interruptions due to electronic or mechanical equipment failures, telephone interconnect problems, defects, weather, strikes, walkouts, fire, riots, armed conflicts, acts of war, or other like causes. ETLI shall have no responsibility to provide you access to the Website while interruption of the Website is due to any such cause shall continue.
Products offered on the Website
With respect to the data and the products made available on the Website by ETLI, YOU HEREBY AGREE THAT:
- You have read and understood the contents of the various policy / terms and conditions document(s), addendum(s) thereto of the respective Insurance Policy/ies (“Policy/ies”) and agree to abide by the terms, conditions, rules and regulations of the Policy/ies applicable from time to time.
- You have understood the details of the Policy/ies and have not received nor been induced by any rebate or gifts, directly or indirectly in purchasing the Policy/ies.
- You confirm that in the event you are Non-Resident of Indian Nationality / Origin, that funds are remitted from abroad through approved banking channels or from the NRE / NRO / FCNR Account.
- You confirm that the details provided by you are true and correct.
- You hereby declare that the amount being invested by you in the Policy/ies is derived through legitimate sources and is not held or designed for the purpose of contravention of any Act, Rules, Regulations or any statute or legislation or any other applicable laws or any Notifications, Directions issued by any governmental, regulatory or statutory authority/ies from time to time.
- By completing the Proposal Form and by completing the payment, and thereafter logging out your registered user account, you are aware and agree and confirm that you have applied for purchase of Policy/ies, and undertake to be bound by the obligations created by the said transaction(s), including the pecuniary obligation and will not have a right to annul or cancel the transaction(s), and will not be able to request for apportioning the First Premium against any other amounts payable by you to ETLI under any account whatsoever.
- In addition to this User Agreement, you agree, confirm and understand that you will also be bound by and will have to observe the terms and conditions of the Policy/ies as recited in the related policy document(s) that will be issued to you.
- ETLI is not obliged to provide facility for online premium payments or for conducting any transaction or submitting any request online or change of any personal information online by the mere fact that the facility has been provided.
- The Policy/ies cannot be issued unless the first premium has been realized by ETLI. ‘realized’ implies in the case of credit /debit card payment, crediting of the first premium to the account of ETLI and in case of cheque payment, realization of the instrument by ETLI.
- You have handed over to the representative of ETLI the signed proposal Form (together with necessary supporting duly certified). However, ETLI in its discretion may decide to issue the policy document for Policy to the customer without waiting for realization of cheque. In such case, in the event the cheque bounces or cannot be realized for any reason, the Policy will stand cancelled and be void.
- You are responsible for the correctness of information supplied to ETLI for use of facility on this Website. ETLI accepts no liability for the consequences arising out of erroneous information supplied by you. If you notice an error in the information supplied either in the Proposal Form or in any other communication, you shall immediately advise ETLI which will endeavour to correct the error wherever possible on a "reasonable efforts" basis.
- You accept that you will be responsible for keying in the correct account or card number for the fund transfer / credit card payment request. In no case, ETLI will be held liable for any erroneous transactions incurred arising out of or relating to you entering wrong account or card number. You understand that the credit /debit card details (where first premium is paid by credit card) is not stored on ETLI’s servers, and accordingly ETLI is not responsible for the security and / or safety of the card number or for any transaction under the card.
YOU AGREE THAT, ETLI (including its and their officers, directors, employees, affiliates, group companies agents, representatives or subcontractors) shall not be, in any event, be liable, whether in contract or tort, for any direct, special, indirect, consequential or incidental damages or other damages of any kind whatsoever arising out of the use or inability to use www.edelweisstokio.in for any purpose whatsoever even if ETLI or any other such party has been advised of the possibility thereof. ETLI and its affiliates, officers, directors, employees and agents shall have no liability in tort, contract, or otherwise to user and/or any third party. This limitation on liability includes, but is not limited to, the transmission of any viruses which may infect a user's equipment, failure of mechanical or electronic equipment or communication lines, telephone or other interconnect problems (e.g., you cannot access your internet service provider), unauthorized access, theft, operator errors, strikes or other labor problems or any force majeure. ETLI cannot and does not guarantee continuous, uninterrupted or secure access to this website.
Links to third party sites
The links in this site will allow you to leave the Website. The linked sites are not under the control of the Website. The Website has not reviewed, nor approved these sites and is not responsible for the contents or omissions of any linked site or any links contained in a linked site. The inclusion of any linked site does not imply endorsement by www.edelweisstokio.in of the site.
YOU SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS Edelweiss Tokio Life Insurance Company Limited (including its and their officers, directors, employees, affiliates, group companies, agents, representatives or subcontractors) from any and all claims and losses imposed on, incurred by or asserted as a result of or related to: (a) your access and use of www.edelweisstokio.in (b) any non-compliance by user with the terms and conditions hereof; or (c) any third party actions related to users receipt and use of the information, whether authorized or unauthorized. Any clause declared invalid shall be deemed severable and not affect the validity or enforceability of the remainder. These terms may only be amended in a writing signed by ETLI. If ETLI takes action (by itself or through its associate companies) to enforce any of the provisions of this User Agreement, including collection of any amounts due hereunder, ETLI shall be entitled to recover from you (and you agree to pay), in addition to all sums to which it is entitled or any other relief, at law or in equity, reasonable and necessary attorney's fees and any costs of any litigation.
This User Agreement constitutes the entire agreement between the parties, and is inclusive of any other written agreement existing between you and ETLI. By using the information on www.edelweisstokio.in, you assume full responsibility for any and all gains and losses, financial, emotional or otherwise, experienced, suffered or incurred by you. www.edelweisstokio.in does not guarantee the accuracy, completeness or timeliness of, or otherwise endorse in any way, the views, opinions or recommendations expressed in the information, does not give investment advice, and does not advocate the purchase or sale of any Insurance Policy/ies by you or any other individual. The information is not intended to provide tax, legal or investment advice, which you should obtain from your professional advisor prior to making any investment of the type discussed in the information. The information on this Website does not constitute a solicitation by the information providers, www.edelweisstokio.in or other of the purchase of Insurance Policy/ies. THE SERVICE IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, SERVICES, UNINTERRUPTED ACCESS, PROVIDED THROUGH OR IN CONNECTION WITH THE SERVICE. SPECIFICALLY, www.edelweisstokio.in DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, PRODUCTS OR SERVICES; AND (ii) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. NEITHER ETLI NOR ANY OF ITS EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES, GROUP COMPANIES OR CONTENT OR SERVICE PROVIDERS SHALL BE LIABLE TO YOU OR OTHER THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF SERVICE OR INABILITY TO GAIN ACCESS TO OR USE THE SERVICE OR OUT OF ANY BREACH OF ANY WARRANTY. BECAUSE SOME COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH COUNTRIES, THE RESPECTIVE LIABILITY OF ETLI ITS EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES, GROUP COMPANIES AND CONTENT OR SERVICE PROVIDERS RESPECTIVE LIABILITY IS LIMITED TO THE AMOUNT PROVIDED UNDER SAID LAW. FURTHER, YOU AGREE AND UNDERSTAND THAT ALL PRODUCTS / SERVICES PROVIDED ARE NON-REFUNDABLE AND THAT YOU SHOULD CAREFULLY CONSIDER WHETHER OUR PRODCUTS / SERVICES ARE ABLE TO MEET YOUR NEEDS. Transactions between user of this site and ETLI shall be governed by and construed in accordance with Insurance Regulatory and Development Authority (“IRDA”) Regulations and laws of India, without regard to the laws regarding conflicts of law. Any litigation regarding this agreement or any transaction between customer and ETLI or any action at law or in equity arising out of or relating to these agreement or transaction shall be filed only in the Competent Courts of Mumbai and the customer hereby acknowledges, agrees, consents and submits to the jurisdiction of such courts for the purpose of litigating any such action.
The terms of this agreement are exclusively based on and subject to Indian law. You hereby consent to the exclusive jurisdiction and venue of courts in Mumbai, Maharashtra, India in all disputes arising out of or relating to the use of this Website. Use of this Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.