BSE EBIX INSURANCE COMPANY PRIVATE LIMITED ( BSE EBIX)
Registered & Corporate Office
25th Floor, P. J. Tower, Dalal Street, Fort, Mumbai - 400 001
TERMS & CONDITIONS GOVERNING THE USE OF BSE EBIX WEB PORTAL www.bseebix.com BY VISITORS, REGISTERED USERS & CUSTOMERS.
1. "BSE Ebix" means a Company registered under the Companies Act, 2013 having its Registered and Corporate Office at 25th Floor, P. J. Tower, Dalal Street, Fort, Mumbai - 400 001 and is registered with Insurance Regulatory & Development Authority, having IRDA Insurance Broker License No. IRDA/ DB 739/18 to work as Direct Insurance Broker for Non-Life Insurance business. "BSE Ebix" is henceforth referred to as "BSE Ebix" in this Agreement. BSE EBIX is also a member of Insurance Brokers' Association of India (IBAI).
2. "Associate of BSE Ebix" shall mean and include Any Company as the holding, subsidiary, associate or sister company of BSE Ebix; or A person in the capacity of Director, Officer or Employee under control of BSE Ebix.
3. "Person" means a] An Individual; or b] A Firm; or c] A company formed under Companies Act, 2013 or d] A Co-operative Society registered under the Co-Operative Societies Act, 1912.
4. "Visitor" means any person visiting our web portal for the purpose of purchasing any Non-Life Insurance policy.
5. "Registered User" means any visitor getting registered in our Portal providing his correct personal and contact details.
6. "Customer" means any registered user selecting and purchasing any Life & Non-Life Insurance policy through our web portal www.bseebix.com after providing necessary insurance related details correctly and accurately.
7. "Customer Password" means the password required to be provided by the Customer for authentication of his/her transactions with BSE EBIX including downloading of proposal and claim forms for various Life & Non-Life Insurance Solutions as offered by BSE EBIX in their web portal www.bseebix.com.
8. "Call Centre" means the concerned arrangement provided by BSE EBIX to assist its valued customers for making available to them required Pre and Post Sales assistance/information.
9. "Policy" means various Life & Non-Life Insurance Solutions of different Insurance Companies operating in India that BSE EBIX may showcase/market/sell from time to time.
10. "Policy Holder" means our valued "Customer" who purchases a Policy through BSE EBIX's web portal www.bseebix.com.
11. "Bank Account" means the Customer(Policyholder)'s Account with Bank acceptable to BSE EBIX which may either be a Current Account or a Savings Account or a Fixed/Term Deposit Account or any other Bank Account that BSE EBIX's Banker (Approved Bank) may accept.
12. "Terms & Conditions" means the terms and conditions for use of the web portal as specified herein by Visitors, Registered Users and Customers.
13. "Web Portal" means the portal located as the URL www.bseebix.com.
14. "Visitor" or "Registered User" or "Customer" in masculine gender shall deem to include the feminine gender and singular includes plural and vice versa.
15. "Includes" means "without limitation".
16. "Services" means the nature of services offered by www.bseebix.com subject to IRDA Insurance Brokers Regulations, 2013 and its all amendments thereafter.
17. "Service Provider" means BSE EBIX.
18. "IRDAI" means Insurance Regulatory and Development Authority of India .
19. "Insurance Act" means the Insurance Act, 1938 with its amendments.
Applications of Terms & Conditions
These Terms and Conditions, in so far as they refer to the Visitors, Registered Users and Customers (Policy Holders), form the contract between such Visitors, Registered User and Customers(Policy Holders) and BSE EBIX unconditionally. By assessing the web portal www.bseebix.com, the visitor acknowledges and accepts these Terms and Conditions without any limitation and qualification. Please read these conditions carefully before using this website. These Terms and Conditions may be revised at any time by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms and Conditions to which you are bound.
General Terms And Conditions of Using The Portal www.bseebix.com.
Limitation of Liability For Information Services
BSE EBIX, in its web portal www.bseebix.com, takes all reasonable care to provide correct and accurate and up-to-date information on this web portal. However, possibility of errors and omissions can not be ruled out. BSE EBIX does not take responsibility as to the accuracy of the content of this web portal. Under no circumstances, including, but not limited to, negligence, shall www.bseebix.com or any party involved in creating, producing, or delivering the web portal be liable to you for any direct, incidental, consequential, indirect, or punitive damages that result from the use of, or the inability to use, the materials on this web portal, even if www.bseebix.com or an www.bseebix.com authorized representative has been advised of the possibility of such damages. In no event the total liability to any Visitor/Registered User/Customer for all damages, losses, and causes of action exceeds the amount paid to www.bseebix.com, if any, for accessing this web portal.
Ownership And Privacy of Information
Unless otherwise expressly set forth herein, any information, communications or material transmitted to this web portal by electronic mail or otherwise, including data, questions, comments, or suggestions will be treated as non confidential and nonproprietary and will become the property of www.bseebix.com. Such information, communications or material may be used for any purpose, including, but not limited to, reproduction, solicitations, disclosure, transmission, publication, broadcast, and posting. Furthermore, www.bseebix.com is free to use any ideas, concepts, know-how, or techniques contained in any communication sent and marketing life & non-life insurance solutions of various Insurance Companies using such information.
Customer Password For Transaction
www.bseebix.com may require authentication procedures from its Registered Users/Customers (Policy Holders) for using certain services on the web portal for security purpose. Further, the customer may be provided a Transaction Password Enabling the customer to carry out such transactions as may be specified from time to time. The Customer may not be able to carry out the transaction without the use of the Transaction Password correctly, subject to undernoted terms governing the usage of such Customer ID and Password and Transaction Password:
a. BSE EBIX will take all reasonable care to ensure the security of these Passwords and prevents unauthorized access to the services which are part of the web portal using technology reasonably available to BSE EBIX;
b. The Registered User/Customer(Policy Holder) confirms and agrees that he is the sole owner and is the authorized user of the Customer ID & Password and/or Transaction Password and accepts sole responsibility for use and protection of the said ID/ passwords and will ensure their confidentiality and those will not be revealed to any third person/party to be recorded in any written or electronic form;
c. In the interest of Customer (Policyholder), any revealed/lost or unauthorized use of such passwords should be forthwith brought to the notice of BSE EBIX. However, BSE EBIX does not assume any responsibility for such unauthorized transaction/s using such revealed/lost ID/Passwords and any loss caused to the Customer.
d. Any future amendment/s under the Information Technology Act, 2008 and other Certifying Authorities introducing any further security infrastructure improvement affecting BSE EBIX portal transactions, BSE EBIX would have the right to insist the Customer(Policyholder) to authorize use, operate or otherwise authorize the transactions by means of such improvement in security measures like digital signature as BSE EBIX may require and/or discontinue the usage of customer/transaction passwords.
Restrictions on Use of Materials
www.bseebix.com is owned and operated by BSE EBIX. Except as otherwise expressly permitted by BSE EBIX, Materials as displayed on this website may be downloaded for personal use only. These must not be distributed, modified, transmitted, reused, reposted for public or commercial purposes, including the text, images, audio, and video without BSE EBIX's written permission.
Authority to BSE Ebix
Customer(Policyholder) unconditionally and irrevocably authorizes BSE EBIX to carry out his instruction and effecting such transactions as may be permitted by BSE EBIX from time to time, in accordance of these terms and conditions and such other terms as may be specified by BSE EBIX using customer/transaction passwords and BSE EBIX shall have no responsibility to verify the authentication of any such duly authorized transaction.
Selection of Insurance Solution
Suggestion, if any, of the best Solution when comparing various product options available would be based on the Service Provider's independent professional judgement and experience of the best product as far as features and claim process are concerned and should NOT be construed as BSE EBIX canvassing any particular insurance solution.
Refund of Premium
For any reason whatsoever, if the Customer decides not to purchase insurance from the Service Provider after making the payment, he can request for a Refund.
a) If the said premium is already remitted to the concerned Insurance Company for issuance of the Policy, BSE EBIX will not be responsible for any Refund whatsoever. The necessary details will however be supplied to the Customer for his approaching the Insurance Company direct;
b) If, for any reason, the concerned Insurance Company refuses to issue the Policy, the premium may be refunded to the Customer by the Insurance Company without deducting any service charge;
c) In case, after scrutiny of the proposal, any additional premium is asked for by the Insurance Company for issuing the Policy, the Customer is duty bound to pay the said additional premium to close the deal. If he refuses to pay that additional premium, the refund of the paid amount will be made by the Insurance Company only; maybe in full without deduction of service charge etc and the Customer is to follow the same with the Insurance Company based on all detailed information provided by the service provider;
d) However, if this additional premium becoming due for reasons of false information provided by the Customer like inflated No Claim Bonus entitlement in Motor Insurance and the Customer refuses to pay the additional premium, the refund will be directly made by the Insurance Company on deduction of the requisite retention premium; may be charging premium on short period scale;
e) In case the Policy is already issued and may/ may not have been delivered to the Customer, he has to directly deal with the matter with the Insurance Company for refund of premium as per terms and conditions of the Policy. BSE EBIX does not take any responsibility whatsoever in the matter
Pl further note that Refund of premium will be guided by the policy of respective Company. However, all needed assistance may be extended by BSE EBIX to get an early refund.
While all efforts will be made to provide the most satisfactory service to the Customer, but the 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 unavailability of any communication system, flood or any other Act of God, explosion, civil commotion, strike and riot, war or acts of government, sabotage and by any other similar causes beyond the reasonable control of the Service Provider.
www.bseebix.com is committed to provide needed claims assistance to the Customer (Policyholder). It does not, in any manner whatsoever, assure the approval and payment of the claim by the concerned Insurance Company. The Service Provider would not be responsible whatsoever for any delay or non-payment of the concerned claim by the Insurance Company.
Grievance / Complaints
Any Customer (Policyholder) having any grievance/complaint/query may avail the Grievance/Complaint Handling machinery provided by the Service Provider for redressal of his complaint. The Service Provider will be responsible only for rectifying any defects in the services provided through their web portal www.bseebix.com and ensuring delivery of customer's instructions/complaints to the Insurance Company made through the Service Provider's web portal. The Service Provider shall, however, NOT be responsible for service defects and non-redressal of customer's grievance on the part of the Insurance Company.
BSE EBIX reserves its right to amend, revise, add, suspend or cancel in whole or in part any of its services which are or may become part of the web portal without any prior notice to the Visitors/Registered User/Customer and without assigning any reason therefor. Any such amendment/revision/addition/suspension or cancellation will be effective and binding on the Visitors/Registered Users/Customers. BSE EBIX may also introduce new services in relation to its web portal www.bseebix.com from time to time as notified on the portal itself. Similarly, any revision in the terms and conditions may also be effected as and when needed and will be binding on the visitors/registered user/customer as applicable.
BSE EBIX reserves the right to deny to any Visitor/Registered User/Customer at BSE EBIX's sole discretion, access to the web portal www.bseebix.com, including any portion thereof, without any prior notice.
Right to Sub Contract
BSE EBIX reserves its right to sub-contract and employ Associates to carry out any of its obligations under these terms & conditions. BSE EBIX may also transfer or assign any or all its rights and obligations under this Agreement to any Associates for better service rendering.
Third Party Web Site Links
www.bseebix.com may contain links to web sites/web portals owned and operated by parties other than Service Provider for the convenience of the user only. BSE EBIX does not have any direct control on such web sites/portals and is not responsible for their contents. The use of such web sites/portals is also subject to the terms and conditions for their use and in any of any conflicts between those terms and the service provider's terms, then such web site/portal's terms will prevail.
"COOKIE" File Features Use
BSE EBIX reserves the right to store information on an user's computer in the form of a "cookie" or similar file for modifying the web portal to reflect users' preference.
Intellectual Property Right
The access and use of service provider's web portal www.bseebix.com is granted in accordance with these terms and conditions for PERSONAL USE only; not for any other purpose. The services and content on this web portal including, but not limited to text, content, photographs, video, audio and graphics are either the property of, or used with permission by BSE EBIX and/or by its associates/suppliers and may be protected by applicable copyrights, trademarks, service marks and other proprietary rights as governed by laws of India and under any international treaties and laws of other countries. The trademarks, logos, slogans and service marks (collectively the Trademarks) as displayed on the web portal are registered and unregistered Trademarks of BSE EBIX.
Nothing contained on the web portal should be construed as granting by implication, estoppels or otherwise, any licence or right to use these Trademarks As displayed on the web portal without the written permission of BSE EBIX or such third party that may own the Trademarks displayed on the web portal. Any misuse of such Trademarks or any portion of it is strictly prohibited and may be subjected to necessary legal actions.
Unauthorised Use of Software Used in www.bseebix.com
Software and information made available in the web portal that is made available for downloading is the copyright work of BSE EBIX and/or its associates/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 said 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 terms of such license agreement.
Limitation of Liability
BSE EBIX, its Directors and Employees, its Associates/Suppliers and its Third Party Advisors will NOT be liable, under any circumstances, including but not limited to negligence, 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, loss of profits, data or other intangible loss, business interruption, loss of privacy or any other pecuniary loss, arising out of or in any way connected with the delivery/use/performance of this web portal.
www.bseebix.com assumes no responsibility, and shall not be liable for, any damages to or viruses that may infect, your computer equipment or other property as a result of your access to, use of or browsing in the webportal or your downloading of any materials, data, text, images, video, or audio from this webportal.
Notices For Any Violation of These Terms & Conditions
BSE EBIX may give notice in writing for any violation /breach of any of these terms & conditions to the user's last known address or by publishing notices of general nature in any or more newspapers or on its web portal. Such notices will have the same effect as if delivered individually to each user/visitor/customer.
Legal Applicability And Jurisdiction
This Agreement is governed by and interpreted in accordance with the laws of the Republic of India and BSE EBIX accepts no liability whatsoever, direct or indirect for non-compliance with the laws of any other country/countries other than that of India. The services of this web portal are being offered to the Residents of India only, not to foreign residents including non-resident Indians (NRIs) in foreign jurisdictions where these services cannot be offered without prior regulatory permission and/or compliance. However, NRIs can utilize the services available on the web portal for their insurance requirements arising in India or for other Resident Indians. Legal action, if any, for any reason whatsoever against BSE EBIX can only be initiated at the appropriate Court of law at Mumbai, India.
These terms & conditions constitute the entire Agreement between the User/Customer and BSE EBIX with respect to web portal www.bseebix.com and it supersedes All prior communications and proposals, whether electronic, oral or written, executed or contemplated to execute between BSE EBIX and the user/Customer.
It will be the efforts on the parIt will be the efforts on the part of BSE EBIX to settle any dispute or difference arising between BSE EBIX and the user/customer as to their respective rights and/or obligations as regards to validity, interpretation, implementation or alleged breach of any term/s of this Agreement to resolve the matter through negotiation within 15 days after commencement of such negotiation or within any longer period as the parties may agreed in writing. If the said dispute is not resolved by negotiation, then the same may be referred to Arbitration by a Sole Arbitrator agree by both the parties or two separate Arbitrators as selected by both the parties; and two selected Arbitrators will then select and appoint an Umpire to preside over the Arbitration proceedings. The venue of such Arbitration proceedings will be Mumbai, India. The decision of the arbitrator/s shall be final and binding on all parties to this Agreement. The cost of such Arbitration will be apportioned amongst the parties and the language of such Arbitration proceedings will be English only.
Customer (Policy holder) gives exclusive mandate to BSE EBIX to represent him or her to any insurance company to find the best policy as per the requirement from the date of accepting the terms in the BSE EBIX website. With this mandate customer also cancel all previous mandate issued to any other intermediary or intermediaries or agent. If the customer has an existing policy with an insurer procured directly from their offices or through their websites or through any intermediary of the insurance company or through any agent of the insurance company or through any associate or channel partner of an insurance company, still he or she authorises BSE EBIX to act his or her legal representative to renew the policy on behalf of him and her and also authorises BSE EBIX to earning a commission from the renewal transaction. Customer authorises it further that in the renewed policy BSE EBIX will be the sole intermediary.
You are authorizing BSE EBIX to override the DND settings to reach out to you over calls, SMS, emails and any other mode of communication. This authorization will override your registry under NDNC.