Please read these Terms and Conditions carefully as they contain important information regarding Your legal rights, remedies and obligations with respect to Your use of this Website, including, but not limited to, various limitations, exclusions and indemnities.
If You do not agree to these Terms and Conditions, as contained below, and/or any revision thereto, as are communicated on the pages thereof, do not go ahead with accessing this Website, or any pages thereof.
"Content" means all materials and content, including designs, editorial, text, graphics, audio-visual materials, multimedia elements, photographs, videos, music, sound recordings, reports, documents, software, information, formulae, patterns, data, directories, guides, news articles, opinions, reviews, images, illustrations, profiles, trademarks, service marks and the like.
"Customer" means a Policyholder accessing this Website for obtaining information on insurance products of Edelweiss General Insurance, including access to all facilities that are or may be provided/ offered to the Visitors, Customers, Users and Registered Users, from time to time, on this Website.
"Edelweiss General Insurance", "We", "Our" or "Us" means Edelweiss General Insurance Company Limited, a company incorporated under the Companies Act, 2013 and licensed by the Insurance Regulatory and Development Authority of India (IRDAI) under and in terms of the Insurance Act, 1938 to carry out the business of general insurance and health insurance and having its registered office at Edelweiss House, Off C.S.T. Road, Kalina, Mumbai - 400 098, and shall be deemed to include the successors and/or assigns of Edelweiss General Insurance.
"Policy" means the various general insurance and health insurance policies that Edelweiss General Insurance may introduce and/or put on offer from time to time.
"Policyholder" means a person who purchases a Policy from Edelweiss General Insurance.
"Registered User" means a User, who has registered and created an account with Edelweiss General Insurance to access enhanced features of the Website.
"Terms and Conditions" means the terms and conditions for use of this Website, as specified herein.
"User" means all users of this Website.
"Visitor"means any person accessing this Website for general information about Edelweiss General Insurance and/ or its products and other facilities offered, from time to time, on this Website.
"Website" means the portal located at the URL, www.edelweissinsurance.com
"You"/"Your" means the Visitor or Customer or User, as applicable. In these Terms, all references to the Visitor or Customer in masculine gender shall be deemed to include the feminine gender and singular includes plural and vice versa and the word "includes" should to be construed as "without limitation".
About the Website:
This Website is designed, developed and maintained by Edelweiss General Insurance in order to provide information to and communicate better with the general public, who may be interested in knowing more about Edelweiss General Insurance and the products and services it offers.
Insurance is the subject matter of the solicitation; hence the information made available on this Website is or should not be construed as an offer.
This Website, and the Content available within it, is for informational purposes only. Neither the Website nor the Content available within it constitute professional advice, and neither should be relied upon by You or any third party, including, for example, to operate or promote Your business, secure financing or capital in any form, obtain any regulatory or governmental approvals, or, otherwise, to procure services or other benefits from any entity whatsoever. Before making any decision or taking any action, You should consult with professional advisors.
Trademarks and Copyright:
The trademark, trade names and logos (the "Trade Marks") that are used and displayed on this Website include registered Trade Marks of Edelweiss General Insurance. Nothing on this Website should be construed as granting any licence or right to use any Trade Marks displayed on this Website. Edelweiss General Insurance may also claim trademark and service mark rights in other marks contained in this Website.
Copyright in the pages and in the screens displaying the pages, and in the information and material therein and in their arrangement, is owned by Edelweiss General Insurance, unless otherwise indicated. You are prohibited from copying, modifying, displaying, distributing, transmitting, redelivering through the use of "framing" technology, publishing, selling, licensing, creating derivative works or using any Website Content for any purpose without prior written approval of Edelweiss General Insurance.
Edelweiss General Insurance retains all proprietary rights on this Website. You are also advised that Edelweiss General Insurance will aggressively enforce its proprietary rights to the fullest extent of the law, including the seeking of criminal prosecution. Edelweiss General Insurance shall be entitled to obtain equitable relief (including all damage, direct, indirect, consequential and exemplary), over and above all other remedies available to Us, to protect Our interests therein.
Representation by User:
The Visitor to this Website represents that the Visitor is legally competent to enter into a binding legal contract and agrees to be bound by the Terms and Conditions of use.
Although the information contained in this Website has been carefully vetted, the use of this Website shall be at Your own risk. The information and materials contained in this Website, including text, graphics, links or other items, are provided "as is," "as available". Edelweiss General Insurance does not warrant the accuracy, adequacy or completeness of any information and materials contained in this Website or any part thereof and expressly disclaim liability for errors or omissions in the said information and materials. No warranty of any kind, whether implied, express or statutory, including but not limited to the warranties of non-infringement of third party rights, title, merchantability, fitness for a particular purpose and freedom from computer virus, is given in conjunction with the said information and materials. Edelweiss General Insurance assumes no responsibility to update or amend the Contents of this Website at any given time.
Edelweiss General Insurance does not represent or warrant that this Website will be available and meet Your requirements, that access will not be interrupted, that there will be no delays, failures, errors or omissions or loss of transmitted information, that no viruses or other contaminating or destructive properties will be transmitted or that no damage will occur to Your computer system. You have sole responsibility for adequate protection and back up of data and/or equipment and for undertaking reasonable and appropriate precautions to scan for computer viruses or other destructive properties. Edelweiss General Insurance makes no representations or warranties regarding the accuracy, functionality or performance of any third party software that may be used in connection with this Website.
Transmitting Over the Internet:
Internet transactions may be subject to interruption, transmission blackout, delayed transmission and incorrect data transmission. Edelweiss General Insurance is not liable for malfunctions in communication facilities not under its control, that may affect the accuracy or timeliness of messages and transactions You send.
Limitation of Liability:
In no event will Edelweiss General Insurance be liable for any damages, including, without limitation, direct or indirect, special, incidental or consequential damages, losses or expenses arising in connection with this Website or use thereof or inability to use by any party, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if Edelweiss General Insurance, or its representatives thereof, are advised of the possibility of such damages, losses or expenses. Hyperlinks to other internet resources are at Your own risk and the content, accuracy, opinions expressed therein, and other links provided by these resources are not investigated, verified, monitored or endorsed by Edelweiss General Insurance.
You agree, at Your own expense, to indemnify, defend and hold harmless Edelweiss General Insurance, its directors and employees, representatives, suppliers and advisors, against any claim, suit, action or other proceeding brought against Edelweiss General Insurance, its directors and employees, representatives, suppliers and as by a third party, to the extent that such claim, suit, action or other proceedings brought against Edelweiss General Insurance, its directors and employees, representatives, suppliers and advisors is based on or arises in connection with the use of this Website, or any links therein, including, but not limited to:
- Your use or someone else's use of Your access to this Website;
- Your use/operation or someone using/operating or conducting any transactions, where applicable;
- A violation of the Terms and Conditions contained herein by You or anyone using Your or any other computer;
- A claim that any use of this Website, by You or someone using Your computer, infringes any proprietary right of any third party, or any right of personality or publicity, is libellous 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, this Website by You or someone using Your computer;
- Any misrepresentation or breach of representation or warranty contained herein made by You or any breach of any covenant or agreement to be performed by You hereunder;
You agree to pay any and all costs, damages and expenses, including, but not limited to, reasonable attorneys' fees and costs awarded against or otherwise incurred by or in connection with or arising from any such claim, suit, action or proceedings attributable to any such claim.
The Customer confirms and agrees that he may be given a customer/transaction ID and customer/transaction password for accessing certain services on this Website, which require an authentication process. The Customer confirms and agrees that he will be the sole and exclusive owner and is the only authorised user of the said customer ID and the customer and/or transaction passwords and accepts absolute and sole responsibility for use, confidentiality and protection of such ID/s and password/s as well as for all transactions authorised by such password/s and further, shall ensure that the password/s is/are not revealed to any third party or recorded in any written or electronic form. The Customer confirms and agrees that Edelweiss General Insurance shall not be responsible for any misuse, mistake/ error or of the outcome thereof.
Any transaction authorised by using the customer ID and customer/ transaction password is deemed to be that of the Customer and Edelweiss General Insurance 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 said customer ID and customer/ transaction password, the Customer shall be deemed to be responsible; and the Customer hereby indemnifies and holds harmless Edelweiss General Insurance 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 communication equipment (including personal computers and modems) and telephone or alternative services required, at the Customer's end, for accessing and using this Website or related services, and for all communication service fees and charges incurred by the Customer in accessing this Website or related services. It is the Customer's responsibility to ensure that no unauthorised person has access to his unattended computer whilst accessing this Website.
The Customer confirms and agrees that he shall not engage in any criminal/ illegal activity, including but not limited to any communication intending to fraudulently obtain any password or information from persons accessing this Website. The Customer confirms and agrees that besides himself, any person using his computer or any other computer on his behalf shall be bound by the Terms and Conditions contained herein.
Edelweiss General Insurance shall be entitled, at its sole discretion, to seek offline, written or other confirmation from the Customer of any transaction, as it may deem fit.
Authority to Edelweiss General Insurance:
The Customer, irrevocably and unconditionally, authorises Edelweiss General Insurance to carry out his instructions, effecting such transactions, as may be permitted by Edelweiss General Insurance, from time to time, in accordance with these Terms and Conditions and such other terms, as may be specified by Edelweiss General Insurance. Certain transactions shall be effected only after the Customer authorises it by using the customer/transaction ID and password and Edelweiss General Insurance shall have no obligation to verify the authenticity of any such duly authorised transaction.
Evidence of Transactions:
In respect of any transactions permitted by Edelweiss General Insurance from time to time, Edelweiss General Insurance'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 Edelweiss General Insurance 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.
All information submitted to Edelweiss General Insurance via this Website shall be deemed to be and remain as the property of Edelweiss General Insurance. Edelweiss General Insurance shall be free to use, for any purpose, any ideas, concepts, know-how or techniques contained in the information a Visitor to this Website provides through this Website. Edelweiss General Insurance shall not be subject to any obligations of confidentiality, regarding submitted information, except as agreed by Edelweiss General Insurance, or as otherwise specifically agreed under or required by law.
Links to Third Party Websites:
Your use of this Website, and the content and features accessed through them, constitutes Your agreement to these Terms and Conditions; and such agreement will be deemed, for all legal purposes, to be in writing and legally enforceable as a signed written agreement.
Edelweiss General Insurance reserves the right to deny You, at its sole discretion, access to this Website, including any portion thereof, without any prior notice.
Edelweiss General Insurance reserves the right to amend these Terms and Conditions at any time without prior notice to You. The latest, fully-amended version of these Terms and Conditions will be published on this Website. If You continue to use this Website after the effective date of any amendment, You will be conclusively deemed to have accepted such amended version of these Terms and Conditions.
No Implied Waiver:
If You do not comply with these Terms and Conditions and Edelweiss General Insurance does not take action immediately, it is not implied that Edelweiss General Insurance is surrendering any right/s that it may have (including taking action in the future).
Any notice, consent, waiver, approval, authorisation or other communication to be delivered in connection with these Terms and Conditions:
- by Edelweiss General Insurance to You, will be deemed to have been effectively and validly given if delivered or sent to any of the contact particulars last shared by you;
- by You to Edelweiss General Insurance, will be deemed to have been effectively and validly given only if in writing and delivered or submitted to the address mentioned on this Website.
In addition, Edelweiss General Insurance may also publish notices of general nature, which are applicable to all Visitors or Customers, in a newspaper or on its Website. Such notices will have the same effect as a notice served individually to each Visitor or Customer.
In the case of hand delivery, cable, telex, facsimile notices or electronic communication, notices or instructions will be deemed served 7 days after posting or upon receipt, as the case may be. Documents, which may be sent by electronic communication between You and Edelweiss General Insurance, may be in the form of an electronic mail, an electronic mail attachment, or in the form of an available download from this Website. Edelweiss General Insurance shall be deemed to have fulfilled any legal obligation to deliver to the Customer, if any such document is sent via electronic delivery. Any instructions received from the Customer/ Visitor, by means of electronic delivery or by facsimile, shall be deemed to have been sent on paper.
Governing Law and Jurisdiction:
These Terms and Conditions are governed by and must be interpreted in accordance with Indian laws. You agree to the exclusive jurisdiction of the courts of Mumbai in respect to any proceedings in connection with these Terms and Conditions or this Website.
Edelweiss General Insurance may, at any time, assign its rights and obligations under these Terms and Conditions, in whole or in part, without notice to You. You may not assign these Terms and Conditions without prior written consent from Edelweiss General Insurance. These Terms and Conditions will inure to the benefit of and bind You and Edelweiss General Insurance and respective personal and legal representatives, successors and permitted assigns.
You agree that no joint venture, partnership, fiduciary, employment or agency relationship exists between Edelweiss General Insurance and You as a result of these Terms and Conditions or use of this Website.
Neither You nor Edelweiss General Insurance will be responsible for a failure to fulfil respective obligations under these Terms and Conditions or for delay in doing so, if such failure or delay is due to circumstances beyond the respective party’s reasonable control, such as acts of nature, acts of government, war, riots, strikes and accidents in transportation, but excluding a lack of financing, cash or credit.
If any provision of these Terms and Conditions is found to be unenforceable, such invalidity or unenforceability will not affect the remainder of these Terms and Conditions, which will continue to be in full force and effect.