Terms of Use
iSecure Insurance Brokers Private Limited (hereinafter referred to as “I Secure” or “We” or “Us” or “Our”) welcomes you at ‘www.isecureindia.com or mobile applications thereof accessible through various internet enabled smart devices (individually and collectively referred to as “Platform”) for providing access and choice to buy insurance products from various insurance companies, and related services and any offerings that are incidental and ancillary thereto (‘Services’), as available on the Platform. iSecureis not an insurance company but a licensed Insurance Broking Company holding a Broking licence from the Insurance Regulatory and Development Authority of India.
THESE TERMS OF USE (“Terms Of Use”) IS AN ELECTRONIC RECORD IN THE FORM OF AN ELECTRONIC CONTRACT FORMED UNDER INFORMATION TECHNOLOGY ACT, 2000 AND RULES MADE THEREUNDER AND THE AMENDED PROVISIONS PERTAINING TO ELECTRONIC DOCUMENTS / RECORDS IN VARIOUS STATUTES AS AMENDED BY THE INFORMATION TECHNOLOGY ACT, 2000. THESE TERMS OF USE DOES NOT REQUIRE ANY PHYSICAL, ELECTRONIC OR DIGITAL SIGNATURE.
1. Governing Document:
1.1The Platform is owned by iSecure Insurance Brokers Private Limited a company incorporated under the Companies Act, 2013 with its registered office at Girnar 21, Govind Marg, Moti Doongari Road, Dharam Singh Circle, Jaipur, Rajasthan- 302004. These Terms of Use available at the Platform govern terms on which iSecure offers the guest users or registered users (hereinafter referred to as “You” or “Your” or “Yourself” or “User”) access to the Platform for availing Services. If You transact on the Platform, You shall be subject to the policies that are applicable to the Platform for such transaction. By mere use of the Platform, You shall be contracting with iSecure and these terms and conditions including the policies constitute Your binding obligations, with iSecure .
1.2We reserve the right, at Our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time without any prior written notice to You. It is Your responsibility to review these Terms of Use periodically for updates / changes. Your continued use of the Platform following the posting of changes will mean that You accept and agree to the revisions. As long as You comply with these Terms of Use, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Platform.
2.Acknowledgment and Acceptance:
2.1Entire Agreement: These Terms of Use together with below listed documents/policies (without limitation) available either at Platform or entered separately by iSecurewith You, as applicable, and all other notices, rules, guidelines with respect to Your use of Platform, constitutes the entire agreement (“Agreement”) between iSecure and You.
- Privacy Policy
- Grievance Redressal
- Fraud Detection
- Shipping Policy
- Cancellation and Refund
- Disclaimer
- Fraud Identification
2.2These additional documents/policies, wherever applicable, including terms imposed by mobile application stores like Apple’s iTunes, Android’s etc. (‘Additional Terms’) are deemed to be incorporated under these Terms of Use by way of reference.
2.3You acknowledge and agree that Your usage (defined below) of the Platform are strictly regulated and governed by the terms and conditions of this Agreement.
2.4PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OR REGISTERING ON THE PLATFORM, ACCESSING ANY MATERIAL, INFORMATION OR SERVICES, POSTING ANY ADVERTISMENT/INFORMATION AT OR THROUGH THE PLATFORM. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, PLEASE DO NOT USE THE PLATFORM.
3.Eligibility:
3.1Services available through or use of the Platform is available only to persons of majority (18 years of age or more) and who can legally component to form a contract under the Indian Contract Act, 1872 (as amended from time to time), or any other act or enactments to which the person is subject.
3.2Persons who are incompetent, to make a legal and valid contract, for any reason whatsoever (minor, lunatic, insane, undischarged insolvent or otherwise) are not eligible to use Our Platform and avail Our Services. If You are under the age of 18 years or are otherwise incompetent to enter into a legally binding contract, then You must use the Platform, application or Services under the supervision of Your parent, legal guardian, or any responsible adult.
3.3Further to this, iSecurereserves its right, without assigning any reason, to restrict or limit Your access to the Platform and can further terminate Your access to Platform and deny the Services available through or at Our Platform. This right of suspension / termination of Services of iSecure , is in addition to any other remedy available to iSecure , for access & usage of Platform or availing any of Our Services through Platform, which is in contravention of any of the terms and conditions of Terms of Use or this Agreement or any other applicable law.
4.Important:
4.1By accessing, browsing and using this Platform or availing Services, You agree and acknowledge that, You understand this limited and restricted use and accessing, browsing or using this Platform or availing any Services is out of your own free will, discretion and responsibility.
4.2iSecure reserves its right to modify, suspend, cancel or discontinue any or all sections, or Services at any time without any notice. You agree that iSecureshall not be liable to You or to any third party for any modification, suspension or discontinuance of the Platform.
4.3You release and indemnify iSecure and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Platform and specifically waive any claims that you may have in this behalf under any applicable law. You acknowledge and agree that when You interact with iSecurethrough Platform or send any data/email/message or communicate otherwise, You are communicating with iSecure through electronic means and gives Your consent to receive communication through electronic means periodically and as and when required.
5.Services:
5.1On the Platform, iSecure provides Users with access to information primarily about insurance products and services including but not limited to general insurance, health insurance and life insurance products and related services (including but not limited to renewals). All information and material available on the Platform is only to assist the User of Platform who are interested in the Services provided by iSecureand who wants to explore more options before concluding their transactions.
5.2Any User, who avails of the Services after visiting Our Platform, does so solely at his own discretion, risk and responsibility. iSecure does not make any recommendations nor gives any warranty (implied or express), guarantee or otherwise with respect to the quality, functionality, fitness for a particular purpose.
5.3You acknowledge and agree that details available on the Platform is available for information purpose.
5.4When You avail of any of the Services after visiting the Platform, You shall alone be responsible to complete the documentation part as per applicable laws and iSecureshall not be responsible for any consequences (including without limitation, cancellation of transaction, incomplete or improper documentation) whatsoever.
5.5You hereby grant unconditional and unequivocal consent and authorize iSecure while acting on Your behalf for facilitating the transaction on the Platform, to make use of Your vehicle registration number or any other vehicle details as submitted by You on the Platform, to retrieve the information in relation to your motor vehicle or to confirm/ verify respective vehicle details from government or third party websites and applications through use of technological solutions or any other method itself or through third party service providers.
5.6If You require certain additional services, iSecure is not and shall not be obliged to provide any such additional services.
5.7iSecure strongly advises you not to test the Platform with false purchases request, as it may put you at substantial personal legal risk. It is a crime to use a false name, other false personal information to buy. Wilfully entering erroneous or fictitious purchase request may result in prosecution by iSecure and/or seller. Please be aware that even if you do not give iSecure , your real name, Your web browser transmits a unique address to Us, which can be used by law enforcement officials to identify You.
5.8All the Services are provided at the sole discretion of iSecure , and You acknowledges and agree that iSecurecan add or provide additional services not listed above, or can remove / suspend / cancel any or all services/products, listed above without any notice or liability.
6.Your Account And Login Options:
6.1User may access the Platform or other information and material as available on the Platform, as a guest user, without any requirement of registration. Certain features and information are made available on the Platform for all users (called ‘Guest User’) who do not need to register or create any account on Platform. However, to avail other certain features, You may need to register / create an account by providing certain details e.g. Your name, contact details, email id etc. (“Your Information”).
6.2Once You register on the Platform by providing Your Information through OTP authentication using Your mobile number , iSecuresets up an account (“Your Account”) which is unique to You. Subject to Your compliance with account creation guidelines and any other applicable law, rule, iSecurerecognizes You as a registered user (Registered User) and You can login into Your Account and avail the Services.
6.3If You use or access Our Platform or avail any Services through or at Platform as a Registered User, You acknowledge and agree that You shall be solely responsible for maintaining the confidentiality and shall not disclose the details of Your Account to any other person and that any activity occurred under Your Account shall be Your responsibility.
6.4You agree that when You provide Your Information while registering/creating Your Account with Us, You shall not provide any information which is untrue, false, inaccurate, incomplete or not current and shall not use the details of any other person, or another user’s account. iSecuremay suspend/delete Your Account or can limit/deny the access to the Platform or Services, any time, if Your Information is found to be untrue, false, inaccurate, not current or pertains to another user’s account.
6.5You agree that collection, storage, sharing or disclosure of Your Information that You provide to Us either as a guest user or Registered User or otherwise shall be governed by the Privacy Policy of iSecure , incorporated herein by way of reference.
6.6You expressly understand and agree that, to the maximum extent permitted by applicable law iSecurewill not be liable for any loss that You may incur as a consequence of unauthorized use of your Account or Account information in connection with the Platform or any Services, either with or without Your knowledge.
7.User Content:
7.1Being the originator of any information or material made available by You through the Platform (”User Content”), You are solely responsible for the User Content that You upload, post, publish, transmit or otherwise make available on the Platform. Though iSecuredoes not pre-screen the User Content iSecureshall have the right (but not the obligation) in their sole discretion to accept, refuse, move, or remove any User Contents that are available via the Platform.
7.2In case the User Content is in violates/infringes any patent, trademark, trade secret, copyright or any other proprietary or privacy rights of any third party or in contravention of any applicable law, then iSecureat its sole discretion may remove or disable the access to the User Content or any part thereof, without any notice to User.
7.3Assignment of User Content: You hereby grant iSecurea perpetual, non-revocable, worldwide, royalty-free and sub- licensable right and license to use, copy, distribute, display, publish, transmit, make available, reproduce, modify, adapt the User Content and create derivate works of the User Content. You represent and warrant that You own or otherwise control all of the rights to the User Content that You post or that You otherwise provide on or through the Platform; and that, as at the date that the User Content is posted or submitted on the Platform: (i) the User Content is accurate; (ii) use of the User Content does not breach these Terms of Use; and (iii) that such User Content is lawful.
7.4When You share any feedback or post any comment (including User Content) on Platform, it is deemed non- confidential. iSecureis at liberty to use any such feedback or User Content and You represent that: (i) Your feedback does not contain confidential or proprietary information of You or of third parties; (ii) iSecureis not under any obligation of confidentiality, express or implied, with respect to the feedback; (iii) iSecuremay have something similar to the feedback already under consideration or in development; and (iv) You are not entitled to any compensation or reimbursement of any kind from iSecurefor the feedback under any circumstances.
8.User’s Obligation:
8.1Subject to the compliance with all applicable laws, rules and terms and conditions of this Agreement, iSecuregrants the User a limited, non-exclusive, non-sub-licensable, non-transferable, revocable and limited permission to access and use the Platform and avail the Services provided through or at the Platform.
8.2You acknowledge, agree and undertake that Your use of the Platform shall be strictly governed by this Agreement and the following binding principles:
8.2.1You shall not use or access the Platform or avail the Services by any means other than through the interface that are provided by iSecure .
8.2.2When You use the Platform or Platform and/or the Services You specifically undertake not to host, display, upload, modify, publish, transmit, update or share any User Content that:
8.2.2.1belongs to another person and to which the User does not have any right to;
8.2.2.2is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling,;
8.2.2.3harms minors in any way;
8.2.2.4violate any applicable laws or regulations for the time being in force within or outside India;
8.2.2.5deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
8.2.2.6impersonate another person or entity;
8.2.2.7contain software viruses or any other computer code, files or programs designed to interrupt destroy or limit the functionality of any computer resource;
8.2.2.8threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states or public order or causes incitement to the commission of any cognizable offence or events investigation of any offence or is insulting of any other nation;
8.2.2.9is misleading in any way or shall not , directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.
8.2.2.10contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
8.2.2.11relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever
8.2.2.12interferes with another User’s use and enjoyment of the Platform;
8.2.2.13refers to any website or URL that, in Our sole discretion, contains material that is inappropriate for the Platform or any other website;
8.2.3You shall not engage in any activity that interferes with or disrupts access to the Platform or the Services available through or at the Platform and shall not attempt or involve in the transmission of “junk/phishing mail”, “chain emails / letters”, “spamming” or “unsolicited mass mailing”.
8.2.4You shall not attempt to gain unauthorized access to any other user’s account, Platform any portion or Feature of the Platform, any other systems or networks connected to the Platform, or any computer resource / servers, of iSecureconnected with the Platform to provide the Services. You shall not access the Platform, Features or any of the Services offered on or through the Platform, by hacking, password mining or any other illegitimate means or access or copy any Content or User Content on the Platform including any derivates thereof through manual and/or automated means including but not limited to page scraping, data mining, data gathering, indexing, using software, devices, bots, crawlers, spiders, scripts, deep links, browser plug-ins or breach/disregard/violate any limitations/instructions in robot.txt file if any embedded in Platform or URLs;
8.2.5You shall not probe, scan or test the vulnerability of the Platform or any network connected to the Platform, nor disrupt, interfere, breach the security or authentication measures on the Platform or any network connected to the Platform or cause any harm to the Platform, system resources, servers of iSecureconnected to or accessible through the Platform.
8.2.6You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Platform, or any other customer of iSecure , including any other account on the Platform not owned by You, to its source, or exploit the Platform or Service or information made available or offered by or through the Platform, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the Platform;
8.2.7You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about Us or the brand name, trade name or domain name used by Us or otherwise engage in any conduct or activity that might spoil the image or reputation of iSecure .
9.Audit and Information Sharing:
9.1iSecureat all times reserves its right, but not an obligation, to audit the Content, User Content, Features available on Platform or any other material or information posted/uploaded by the User. If at any time, in sole discretion of iSecure , iSecuredetermines that any Content/User Content or any other material or Feature of the Platform is in contravention of any law for the time being in force or spirit of the terms and conditions of this Agreement or violates the privacy of any person, then iSecuremay either remove or edit or block such material without any notice.
9.2Further to this it is informed that iSecuremay share the information pertaining to such instance (with or without demand) with government agency for the purpose of verification of identity of User, or for prevention, detection, investigation, prosecution and punishment. Therefore it is advised to You that You should not involve in any such activities or use which violate any applicable law, rules, regulation or breach the terms and conditions of this Agreement.
9.3“Contents” or “Content” shall mean any and all information, data, text, photographs, graphics, video, messages, materials, forms, documents or other materials and information which may be viewed or downloaded on or through this Platform.
9.4″Feature” or “Features”: A “Feature” may include any interactive, value addition service or other additional feature. which are introduced or available on the Platform.
10.Third Party Service Providers:
iSecureuses third-party service providers to assist iSecurein improving our Services and
Platform and to monitor our Users’ interests and activities. You hereby authorise iSecureand/or third party service providers engaged by iSecureto collect, use, store, analyse, reproduce, publish, and adapt (either on its own or through third party service provider) the information in relation to Your use of the Platform for the purpose of data analysis and for improving Your experience on the Platform. You acknowledge that this is solely undertaken by iSecureto improve Your experience in relation to the use of the Platform and the provision of such Services shall be subject to such additional terms and conditions of iSecureand/or third party service providers.
11.Payment related information:
11.1Access to Platform is free and Users (Registered or Guest) can browse the information/products and avail the Services free of charge.
11.2Please note that iSecureis only assisting in collection of premium amount on behalf of the insurer, whose insurance product You have chosen to buy. The acceptance of the insurance premium and final issuance of the policy is subject to underwriting norms and discretion of respective insurance company, whose policy You have chosen to buy.
12.License and Platform Access
12.1Subject to the compliance with all applicable laws, rules and terms and conditions of this Agreement and/or Additional Terms, iSecuregrants the User a limited, non-exclusive, non-sub-licensable, non-transferable, revocable and limited permission to access and use the Platform and avail the Services provided through or at the Platform, subject to the following conditions:
12.1.1The license shall not include: (i) any resale or commercial use of this Platform or its Contents; or (ii) any derivative use of this Platform or its Contents;
12.1.2You, your partners, your employees, your agents or any other person associated with you personally or professionally, may not, with or without compensation, prepare any derivative works from, or sell, lease, license, e-mail, reproduce, duplicate, copy, resell, republish, transmit or distribute or otherwise exploit for any commercial purpose via any media, now known or unknown, any Contents from this Platform to any other entity or individual.
12.1.3No Contents or information on the Platform may be reproduced in any form or incorporated into any internet web-site or any other information retrieval system, either electronic or mechanical. It is a condition of Your use of this Platform that You do not restrict or inhibit any other user from using this Platform.
12.1.4You shall not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of iSecurewithout the express written consent of iSecure .
12.1.5Any software that is available on the Platform is the property of iSecureor its vendors. You may not use, download or install any software available at the Platform, unless otherwise expressly permitted by the Agreement or by the express written permission of iSecure .
12.1.6Any unauthorized use terminates the permission and the license granted by iSecureunder this Agreement to you.
12.2Modification: All information available on Platform is made available to You on best efforts basis, however, iSecuredoes not guarantee nor assume any responsibility for the correctness of such information/data. iSecurereserves the right to modify, suspend/cancel, or discontinue any or all sections, or service at any time without notice. In case the information (including without limitation pricing, description and any other information etc.) is found to be not up to date or incorrect, iSecurereserves the right to make modifications and alterations in the information contained on the Platform without notice. You agree that iSecureshall not be liable to you or to any third party for any modification, suspension or discontinuance of the Platform.
13.Intellectual Property Right:
13.1The Platform itself and all Content and other works on the Platform are the copyrighted works of iSecureor its licensors. Any alteration of the Platform or alteration of the material or use of the material contained in the Platform for any commercial purpose is a violation of the copyright of iSecure .
13.2Platform may contain also contain certain trade-marks, logos or service marks (“Marks”). These Marks are the proprietary to the iSecureor third parties. You are not permitted to use the Marks, in any manner, without first obtaining the written permission of the iSecureor third party that own and control the Marks.
13.3YOU ACKNOWLEDGE AND AGREE THAT THROUGH YOUR USE OF PLATFORM OR BY AVAILING ANY PRODUCT OR SERVICES THROUGH OR AT PLATFORM, NO RIGHT (EMPRESS OR IMPLIED) IS GRANTED TO YOU IN RESPECT OF SUCH CONTENT. iSecureRESERVES THE RIGHT TO CHANGE OR MODIFY THE CONTENT FROM TIME TO TIME AT ITS SOLE DISCRETION.
13.4You further acknowledge and agree that You shall not shall not copy, reproduce, republish, upload, post, transmit or distribute, the Content available on the Platform, in any way without obtaining the prior permission from iSecureor its licensors. All responsibility and liability for any damages caused by downloading of any data is disclaimed.
13.5It is clarified that any use of the Platform, Content, Marks or other intellectual property rights of iSecure , in contravention of the terms of this Agreement or any applicable law shall constitute the infringement of such intellectual property right of iSecureor their third party, upon which iSecureor third party may initiate the appropriate legal proceedings against the User.
13.6Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, iSecureowns all intellectual property rights to and into the trademark “insurancedekho”, and the Platform, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, designs, know-how, trade secrets and inventions (patent pending), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks.
13.7ALL RIGHTS NOT EXPRESSLY GRANTED HEREUNDER TO THE USER, ARE RESERVED EXCLUSIVELY TO iSecure .
14.Indemnification:
14.1You agree to indemnify, defend and hold harmless iSecureand its respective directors, officers, employees and contractors (herein after individually and collectively referred to as “Indemnified Parties”) from and against any and all losses, liabilities, claims, suits, proceedings, penalties, interests, damages, demands, costs and expenses (including legal and other statutory fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by the Indemnified Parties that arise out of, result from, or in connection with (i) Your breach of the Agreement(s); or (ii) any claims made by any third party due to, or arising out of, or in connection with, Your use
of the Platform; or (iii) any claim that any User Content, information or materials provided by You caused damage to a third party; or (iv) Your violation of any rights of another, including any intellectual property rights.
14.2iSecuremay notify You of any claims which You shall be liable to indemnify iSecureagainst. You will then be required to consult with iSecureregarding the course of action to be undertaken in defending such a claim. Further, You shall not compromise or settle any claim or admit any liability or wrongdoing on the part of iSecurewithout the express prior written consent of iSecurewhich can be withheld or denied or conditioned by iSecurein its sole discretion.
15.Disclaimer of Warranty and Liability:
15.1ALL CONTENT, OR INFORMATION PERTAINING PLATFORM OR ANY PRODUCT / SERVICES ARE PROVIDED TO YOU ON
“AS IS” BASIS AND WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING
THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
15.2WHEN YOU ACCESS THE PLATFORM OR AVAIL ANY PRODUCT OR SERVICES AT OR THROUG PLATFORM, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND THAT THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS, INACCURACIES, AND/OR OTHER PROBLEMS WITH THE INFORMATION, AND SERVICES PUBLISHED ON OR PROMOTED THROUGH THIS PLATFORM. WITHOUT LIMITING THE FOREGOING, iSecureMAKES NO WARRANTY THAT:
15.2.1THE PLATFORM OR THE SERVICES WILL MEET YOUR REQUIREMENTS OR YOUR USE OF THE PLATFORM OR THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE;
15.2.2THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PLATFORM OR SERVICES WILL BE EFFECTIVE, ACCURATE OR RELIABLE
15.2.3THE QUALITY OF THE PLATFORM OR SERVICES WILL MEET YOUR EXPECTATIONS; OR
15.2.4ANY ERRORS OR DEFECTS IN THE PLATFORM OR SERVICES WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM iSecureOR THROUGH THE PLATFORM / CONTENT OR FROM USE OF THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.
15.2.5PLATFORM WILL BE OR CONTINUOUSLY AVAILABLE, OR THAT THIS PLATFORM WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS AND OTHER CODES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES.
15.2.6TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO THE APPLICABLE LAW, iSecureDISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED RELATED TO PLATFORM, CONTENT, USER CONTENT, SERVICES, ARISING UNDER INTELLECTUAL PROPERTY RIGHT, LIBEL, PRIVACY PUBLICITY, OBSCENITY OR OTHER LAWS. iSecureALSO DISCLAIMS ALL LIABILITY WITH RESPECT TO THE MISUSE, LOSS, MODIFICATION OR UNAVAILABILITY OF ANY USER CONTENT.
15.3NOTWITHSTANDING ANYTHING TO CONTRARY IN THE AGREEMENT(S), IN NO EVENT SHALL iSecureAND ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, BE LIABLE TO YOU FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT FORESEEABLE OR WHETHER OR NOT iSecureHAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BASED ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ANY OTHER CLAIM ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR ACCESS TO THE PLATFORM, SERVICES, CONTENT, USER CONTENT.
15.4YOU FURTHER ACKNOWLEDGE AND AGREE THAT IF YOU PURCHASE/DOWNLOAD THE PLATFORM FROM OTHER THIRD PARTY SERVICE PROVIDERS (e.g. GOOGLE PLAY STORE, APPLE ETC.), THEN NEITHER iSecureNOR ANY THIRD PARTY SERVICE PROVIDER SHALL BE HELD LIABLE FOR ERROR OR FAILURE ON THE PART OF THE PLATFORM TO FUNCTION PROPERLY. YOU SHALL FOLLOW THE RULES/GUIDELINES BEFORE DOWNLOADING/INSTALLING THE PLATFORM AS RECOMMENDED BY THIRD PARTY SERVICE PROVIDERS.
15.5iSecureENTIRE AND AGGREGATE LIABILITY TO YOU UNDER AND IN RELATION TO THESE TERMS OF USE OR OTHERWISE SHALL NOT EXCEED THE GREATER OF INDIAN RUPEES ONE HUNDRED (INR 100) OR THE AMOUNT OF FEES, IF ANY, PAID BY YOU TO iSecureUNDER THE RELEVANT ORDER TO WHICH THE CAUSE OF ACTION FOR THE LIABILITY RELATES.
16.Governing Law and Jurisdiction:
This Agreement or the documents incorporated herein by reference shall be governed and construed in accordance with the laws of India. All disputes arising under this Agreement between You and iSecureshall be subject to the exclusive jurisdiction of courts at Jaipur, Rajasthan, India.
17.Force Majeure
17.1iSecureshall not be liable for any failure and/or delay on its part in performing any of its obligation under this Agreement and/or for any loss, damage, costs, charges and expenses incurred and/or suffered by the User by reason there of if such failure and/or delay shall be result of or arising out of Force Majeure Event set out herein.
17.2″Force Majeure Event” means any event due to any cause beyond the reasonable control of iSecure , including, without limitation, unavailability of any communication system, sabotage, fire, flood, earthquake, explosion, acts of God, civil commotion, pandemic, strikes, lockout, and/or industrial action of any kind, breakdown of transportation facilities, riots, insurrection, hostilities whether war be declared or not, acts of government, governmental orders or
restrictions, breakdown and/or hacking of the Platform and/or Contents provided and/or services under the Platform, such that it is impossible to perform the obligations under the Agreement, or any other cause or circumstances beyond the control of iSecurehereto which prevents timely fulfilment of obligation of iSecure .
18.Miscellaneous:
18.1Notice: Except as explicitly stated otherwise, any notices shall be given by postal mail/email
18.1.1On behalf of iSecureto:
iSecureInsurance Brokers Private Limited Attn: Grievance Officer
Address:Plot no.301, Phase-2, Udyog Vihar, Gurugram-122022, Haryana, India
Email: grievance@insurancedekho.com.
18.1.2On behalf of User to
All notices with respect to these Terms of Use from iSecurewill be served to You:
By email (as provided by You at the time of Registration or communicating with iSecure ) or by general notification on the Platform.
18.2Assignment: You cannot assign or otherwise transfer the Agreements, or any rights granted hereunder or any obligations, to any third party and any such assignment or transfer or purported assignment or transfer shall be void ab initio. iSecure ’s rights and/or obligations under the Agreement are freely assignable or otherwise transferable by
iSecureto any third parties without the requirement of seeking Your prior consent. iSecureshall have right to transfer
Your Account and Account Information to a third party who purchases iSecure ’s business as conducted under the
Platform.
18.3Severability: If any clause of this Agreement shall be deemed invalid, void or for any reason unenforceable, such clause shall be deemed severable and shall not affect the validity and enforceability of the remaining clauses of the Agreement.
18.4Waiver: Any failure or delay by a party to enforce or exercise any provision of the Agreement, or any related right, shall not constitute a waiver by such party of that provision or right. The exercise of one or more of a party’s rights hereunder shall not be a waiver of, or preclude the exercise of, any rights or remedies available to such party under these Terms of Use or in law or at equity. Any waiver by a party shall only be made in writing and executed by a duly authorized officer of such party.
18.5Independent Contractor: You and iSecureare independent contractors, and nothing in these Terms of Use will be construed to create a partnership, joint venture, association of persons, agency (disclosed or undisclosed), franchise, sales representative, or employment relationship between You and iSecure .
18.6Contacting You: By accessing Our Platform and/or availing any service or product at or through Our Platform, You give Your consent to Us and both our associate partners (including Dealers, financial institutions etc.) to communicate with You through phone calls/SMS/email communication etc. regardless whether your number is registered in the National Do Not Call Registry (NDNC) or www.nccptrai.gov.in
18.7Survival: Rights and obligations under this Agreement, which by their nature should survive or are expressly so stated herein, shall remain in full force and effect notwithstanding any expiry or termination of this Agreement.
18.8Grievance Officer: In compliance with Information Technology Act, 2000 and the rules made thereunder, the Grievance Officer of iSecurefor the purpose of this Agreement shall be the following:
- Name: Deepak Jha
- Contact Number: 9811 70 1312
- E-mail: support@isecureindia.com
- Working Days: Monday to Friday
- Working Hours: 10:30 am to 6:30 pm