IndiaClaims.com is a participative portal on Marine and Non-Marine losses and claims arising in India. The portal provides an interactive forum for risk and insurance professionals in India. Professionals in the field of loss assessment, claims management, risk management, loss prevention, underwriting as well as technical domain experts and also the claimant and insured under an insurance policy are invited to critically use this platform to share and discuss their loss and claims experiences, risk and insurance knowledge with fellow colleagues as well as the risk and insurance community in an effort to make the industry more aware and vibrant, and the community more integrated.
1. Application of and Acceptance of Terms and Conditions.
1.1 For purposes of this Agreement, a " User " is any person who accesses the Site for whatever purpose, regardless of whether said User has registered with IndiaClaims.com as a registered User or whether said User is a paying customer for a specific service provided by IndiaClaims.com. A User includes the person using this Site and any legal entity which may be represented by such person under actual or apparent authority. A user is deemed to be either a service provider or a service consumer or a technical domain professional in his own right and related in any way to the risk and insurance industry in general.
1.2 By accessing or using the Site, you hereby agree to accept the terms and conditions set forth in this Agreement as a User. You shall be bound by the terms and conditions of this Agreement with respect to your access or use of this Site and any further upgrade, modification, addition or change to this Site. If you do not accept all of the terms and conditions of this Agreement, please do not use this Site.
1.3 This Agreement applies to each Service (as defined below) in addition to any terms and conditions that may be applicable to such specific Service provided, however, that (a) in the event of any conflict or inconsistency between any provision of the terms and conditions that may be applicable to such Service and any provision of this Agreement, such conflict or inconsistency shall (except as otherwise expressly provided or agreed) be resolved in a manner favorable to IndiaClaims.com.
1.4 IndiaClaims.com may amend this Agreement at any time by posting the amended and restated Agreement on the Site. The amended and restated Agreement shall be effective immediately upon posting. Posting by IndiaClaims.com of the amended and restated Agreement and your continued use of the Site shall be deemed to be acceptance of the amended terms. This Agreement may not otherwise be modified, except in writing by an authorized officer of IndiaClaims.com.
2.1 IndiaClaims.com is a virtual meeting forum for the professionals in the risk and insurance industry as well as common insured and claimant under insurance policies.IndiaClaims.com may be used only for the lawful purpose by individuals seeking to participate and contribute their knowledge to the industry and share their views with the risk and insurance community. Access to the Site and certain of its features are provided to all Users free of charge. However, IndiaClaims.com reserves the right, without prior notice, to restrict access to certain areas or features of the Site to paying Users or Users who undergo a specific registration process. Access to and use of these Services are governed by additional terms and conditions under separate agreements in addition to this Agreement.
2.2 IndiaClaims.com reserves the right to deny Services to any User for whatever reason in order to protect the interests of IndiaClaims.com.
3. General Usage :
3.1 Users may use this Site solely for their own personal or internal purposes. Each User agrees that it shall not copy, reproduce or download any information, text, images, video clips, directories, files, databases or listings available on or through the Site (the " IndiaClaims.com Content") for the purpose of re-selling or re-distributing the IndiaClaims.com Content, mass mailing (via emails, wireless text messages, physical mail or otherwise), operating a business that competes with IndiaClaims.com , or otherwise commercially exploiting the IndiaClaims.com content. Systematic retrieval of IndiaClaims.com Content from this Site to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without written permission from IndiaClaims.com is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in this Agreement is prohibited. IndiaClaims.com does not warrant or guarantee that a submission by the user shall be viewed by any specific number of users, or that it will be viewed by any specific user or within any specific time limit. IndiaClaims.com , at present, does not levy any charges from its users. IndiaClaims.com does not permit and has not authorized any individual or firm or company or any other organization to collect any fee/charges whatsoever either for accessing IndiaClaims.com or for posting the submissions on IndiaClaims.com. IndiaClaims.com cannot lay or enforce its rules against all third party users. Therefore users of IndiaClaims.com may get unsolicited communication from anyone for any purpose. IndiaClaims.com users should deal with such things on their own. IndiaClaims.com, its owners, officers and other associates are not responsible in any way for any such unsolicited communication or their consequences and also not liable to pay any compensation or damage, whatsoever.
3.2 Information about loss incidents, risk inspections, survey reports, case studies, technical comments, news & events, resumes, contact details, products reviews, claims experiences, threads and topics of discussion on the discussion forum etc. are provided by users i.e. third parties. Thus most of the IndiaClaims.com Content displayed on this Site is provided or posted by third parties ("Third Party Content"). IndiaClaims.com is not the author of third-party content, whether contributed by anonymous users or registered and /or paid content providers. Neither IndiaClaims.com nor any of our affiliates, directors, officers or employees has entered into any sales agency relationship with such third party by virtue of our display of the Third Party Content on the Site. Any Third Party Content is the sole responsibility of the party who provided the content. IndiaClaims.com is not responsible for the accuracy, propriety, lawfulness or truthfulness of any Third Party Content, and shall not be liable to any User in connection with such User's reliance of such Third Party Content. In addition, because of the above, IndiaClaims.com is not responsible for the conduct of any User's activities on the Site, and shall not be liable to any person in connection with any damage suffered by any person as a result of such User's conduct.
3.3 IndiaClaims.com may allow Users access to content, products or services offered by third parties through hyperlinks (in the form of word link, banners, channels or otherwise) to such Third Party's web site. You are cautioned to read such sites' terms and conditions and/or privacy policies before using such sites in order to be aware of the terms and conditions of your use of such sites. User acknowledges that IndiaClaims.com has no control over such third party's web site, does not monitor such sites, and IndiaClaims.com shall not be responsible or liable to anyone for such web site, or any content, products or services made available on such a website.
3.4 No User shall undertake any scheme to undermine the integrity of the computer systems or networks used by IndiaClaims.com and/or any other User and no User shall attempt to gain unauthorized access to such computer systems or networks.
3.6 As a condition of your access to and use of IndiaClaims.com, you agree that you will not use the IndiaClaims.com service to infringe the copyrights or intellectual property rights of others in any way. IndiaClaims.com recommends that the source of the submissions to IndiaClaims.com in case submissions are sourced from external sources must be clearly mentioned with each submission to IndiaClaims.com. It would be understood otherwise that the submission is original and originating from the submitting user and IndiaClaims.com will in appropriate circumstances and as far as possible, terminate the accounts of members or users who are repeat infringers of the copyrights, or other intellectual property rights, of others. In addition, IndiaClaims.com reserves the right to terminate the account of a user upon any single infringement of the rights of others in conjunction with use of the IndiaClaims.com service, or if IndiaClaims.com believes that user conduct is harmful to the interests of IndiaClaims.com , its affiliates, or other users, or for any other reason in IndiaClaims.com’s sole discretion, with or without cause.
4. Registered Users
4.1 In general, by reading this and registering as a user, you agree that you, the user, are related in any way to the risk and insurance industry, as a service provider or as a service consumer or as a technical domain professional in your own right and in your own field of professional activity
Each User who has filled out an on-line registration form on the Site by giving its information (such as name, address, telephone number, email address, details of its professional activity, etc.) is a registered user of IndiaClaims.com (a "Registered User"). IndiaClaims.com will establish an account ("Account") for each Registered User and each Registered User will be assigned a user alias ("User ID") and password ("Password") for log-in access to its own Account.
4.2 If the Registered User is a business entity, you represent that (a) you have the authority to bind the entity to this Agreement; (b) the address you use when registering is the principal place of business of such business entity; and (c) all other information submitted to IndiaClaims.com during the registration process is true, accurate, current and complete.
4.3 By becoming a Registered User, you consent to the inclusion of your personal data in our Database and authorize IndiaClaims.com to share such information with other Users.
4.4 In order to use these forums, users are required to provide their name, telephone number and e-mail address. You would understand that these are required as personal identification details which allows IndiaClaims.com to prevent wanton and irrelevant usage of its community platform and thus maintain high standards of professional quality in its participant base. The Administrators are not responsible for the privacy practices of any user who registers with IndiaClaims.com. Remember that all information that is disclosed in these areas becomes public information; which is essentially the underlying purpose and intention of this professional showcase and community platform.
4.5 IndiaClaims.com may suspend or terminate a Registered User's Account at any time without notice to the Registered User; provided, however, that notice is not required for such termination if (a) in IndiaClaims.com’s reasonable efforts, there is any breach of the provisions of this Agreement by the Registered User; or (b) IndiaClaims.com has reasonable grounds to suspect that such information provided by a Registered User is untrue, inaccurate or is not current or complete, or (c) IndiaClaims.com believes that the Registered User's actions may cause financial loss or legal liability to such Registered User, IndiaClaims.com other Users, or IndiaClaims.com.
4.6 A Registered User may not sell, attempt to sell, offer to sell, give, assign or otherwise transfer an Account, User ID or Password to a third party without the prior written consent of IndiaClaims.com. IndiaClaims.com may suspend or terminate the Account of a Registered User or the transferee of a Registered User in the event of a sale, offer to sell, gift, assignment or transfer in violation of this Section.
5. Submissions on IndiaClaims.com :
5.1 You must be a Registered User in order to post information on the Site using the self-help submit and edit tools provided through the Site. Your status as a Registered User is governed by the provisions of Section 4 above.
5.2 No sales agency relationship is created between any User and IndiaClaims.com , our affiliates, directors, officers or employees by virtue of IndiaClaims.com 's display of any of the User's information on the Site.
5.3 Each User hereby represents, warrants and agrees to (a) provide IndiaClaims.com with original, non-copyrighted, true, accurate, current and complete information to be displayed on the Site and (b) maintain and promptly amend all information to keep it true, accurate, current and complete. IndiaClaims.com does not permit posting of any incomplete, false or inaccurate submission or resume information or information which is not your own accurate resume.
5.4 User are prohibited from violating or attempting to violate the security of IndiaClaims.com including and without limitation attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, attempting to interfere with service to any user. host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing", or sending unsolicited e-mail, including promotions and/or advertising of products or services, or forgoing any TCP/IP packet header or any part of the header information in any e- mail or newsgroup posting. IndiaClaims.com shall initiate civil or criminal proceeding against such violations of system or network security.
5.5 IndiaClaims.com prohibits revision or deletion of any material posted by any other person or firm or company or organization than IndiaClaims.com or the user who has posted the submission. Such acts are illegal and IndiaClaims.com and/or the concerned external entity shall initiate civil and criminal legal proceedings against any person or firm or company or organization indulging in such activities. Also unsolicited e-mail, telephone calls, mailing or other contacts to posting individuals and companies are strictly prohibited.
5.6 Also in general, by reading this and registering as a user, you agree that you, the user, are at least 18 years of age and are related in any way to the risk and insurance industry, as a service provider or as a service consumer or as a technical domain professional in your own right and in your own field of professional activity.
You are fully responsible for any information or file submitted by you as a user of IndiaClaims.com. In your use of these forums, you agree that you will not post any information which is vulgar, harassing, hateful, threatening, invading of others privacy, sexually oriented, or violates any laws.
Each User hereby represents, warrants and agrees that information submitted to IndiaClaims.com for display on the Site shall not:
5.7 The views expressed in the Discussion Forum and Claims and Product reviews are strictly personal and IndiaClaims.com does not necessarily subscribe to them. We shall endeavor to upload/publish as many of the comments that are submitted as possible within a reasonable span of time, but we do not guarantee that all comments that are submitted will be uploaded/published. Messages that harass, abuse or threaten other members; have obscene, sexual, unlawful, defamatory, libelous, hateful, or otherwise objectionable content; or have spam, commercial or advertising content or links are liable to be removed by our team. We also reserve the right to edit the comments that do get displayed. Please do not post any private information unless you want it to be available publicly.
5.8 IndiaClaims.com reserves the right in its sole discretion to remove any material displayed on the Site which it reasonably believes is unlawful, could subject IndiaClaims.com to liability, violates this Agreement or is otherwise found inappropriate in IndiaClaims.com 's opinion. IndiaClaims.com reserves the right to cooperate fully with governmental authorities, private investigators and/or injured third parties in the investigation of any suspected criminal or civil wrongdoing. Furthermore, IndiaClaims.com may disclose the User's identity and contact information, if requested by a government or law enforcement body, an injured third party, or as a result of a subpoena or other legal action, and IndiaClaims.com shall not be liable for damages or results thereof and User agrees not to bring any action or claim against IndiaClaims.com for such disclosure.
6. Interaction between users :
6.1 Through the Site, IndiaClaims.com provides an electronic web-based platform for the risk and insurance industry and the users of IndiaClaims.com services. IndiaClaims.com does not represent the service provider or service consumer or any user, seller nor the buyer in specific transactions and does not charge any commissions for completing any transactions. As a result, IndiaClaims.com does not control and is not liable to or responsible for the quality, safety, lawfulness or availability of the products or services offered by third parties.
6.2 Members are hereby made aware that there may be risks of dealing with people acting under false pretences. IndiaClaims.com uses several techniques to verify the accuracy of the information our users provide us when they register on the Site. However, because user verification on the Internet is difficult, IndiaClaims.com cannot and does not confirm each user's purported identity.
6.3 Each User acknowledges that it is fully assuming the risks of transaction when using the Site to interact , such risks shall include, but not limited to, unsatisfactory quality, failure to meet specifications, defective products, delay or default in delivery or payment, and so on. Each User agrees that IndiaClaims.com shall not be liable or responsible for any damages that may arise aresult of or in connection with any Transaction Risks.
6.4 Members are solely responsible for all of the terms and conditions of the transactions conducted on, through or as a result of use of the Site.
7. Limitation of Liability
7.1 The features and services on the indiaclaims.com site is provided on an "as is" and "as available" basis, and IndiaClaims.com hereby expressly disclaims any and all warranties, express or implied, including but not limited to any warranties of condition, quality, durability, performance, accuracy, reliability, merchantability or fitness for a particular purpose. All such warranties, representations, conditions, undertakings and terms are hereby excluded.
7.2 IndiaClaims.com makes no representations or warranties about the validity, accuracy, correctness, reliability, quality, stability, completeness or currentness of any information provided on or through the site.
7.3 Under no circumstances shall IndiaClaims.com be held liable for an delay or failure or disruption of the content or services delivered through the Site resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, Acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.
7.4 IndiaClaims.com cannot and does not confirm that the material submitted does not belong to a copyrighted source. IndiaClaims.com cannot check whether submitted works are copyrighted, fall into the public domain or their copyright is explicitly disclaimed. IndiaClaims.com disclaims all liabilities from hosting material submitted by its Users, that infringe the copyrights and intellectual property rights of others; whether submitted by the Users with or without their knowledge and awareness of the attaching, applicable copyrights.
8. Trade Marks and Intellectual Property Rights
8.1 IndiaClaims.com is the sole owner or lawful licensee of all the rights to the Site. The Site and IndiaClaims.com embody trade secrets and intellectual property rights protected under copyright and other laws. All title, ownership and intellectual property rights in the Site shall remain with IndiaClaims.com , its affiliates or licensors of the IndiaClaims.com, as the case may be. All rights not otherwise claimed under this Agreement or by IndiaClaims.com are hereby reserved.
8.2 IndiaClaims,IndiaClaims.com,IndiaClaims.com logo,“indiaclaims.com Uberrima Fides”, “Survey and Services Group”,“ Claims Experiences, Product Reviews" featuring on the introduction page and main pages are registered trademarks or trademarks or service marks of IndiaClaims.com under Indian jurisdictions and are protected under applicable copyright, trademark and other proprietary rights laws. The unauthorized copying, modification, use or publication of these marks is strictly prohibited.
No delay or omission by IndiaClaims.com in exercising any of its rights occurring upon any noncompliance or default by you with respect to any of the terms and conditions of this Agreement will impair any such right or be construed to be a waiver thereof, and a waiver by IndiaClaims.com of any of the covenants, conditions or agreements to be performed by you will not be construed to be a waiver of any succeeding breach thereof or of any other covenant, condition or agreement hereof contained. As used in this Agreement, "including" means "including but not limited to." The captions of this Agreement have been inserted solely for convenience of reference, in no way define or and will not be considered in interpreting this Agreement. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, then this Agreement will remain in full force and effect and will be reformed to be valid and enforceable while reflecting the intent of the parties to the greatest extent permitted by law. Except as otherwise expressly provided herein, this Agreement sets forth the entire agreement between you and IndiaClaims.com regarding its subject matter, and supersedes all prior promises, agreements or representations, whether written or oral, regarding such subject matter.
10.2 IndiaClaims.com and the User are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
10.3 IndiaClaims.com shall have the right to assign its obligations and duties in this Agreement and in any agreement relating to offered Services to any person or entity.
You can contact us by email for any clarifications or information that you may require through the Contact Us link on the main page.