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Terms of Use Agreement : 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. This
Terms of Use Agreement (the " Agreement
") describes the terms and conditions applicable to your
use of the IndiaClaims.com website which is identified by the uniform resource
locator www.IndiaClaims.com (the" Site
"). This Agreement is entered into between you as the user
of the Site (the" User ")
and IndiaClaims.com . 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. Services. 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. 3.5 We urge that you
read IndiaClaims.com’s Privacy Policy which governs the protection and use of
each User's information in IndiaClaims.com possession. Each User hereby accepts
the Privacy Policy and any updates and amendments thereto. Each User
acknowledges that IndiaClaims.com may change the Privacy Policy from time to
time provided that IndiaClaims.com shall make available the updated version of
the Privacy Policy on the Site at all times. Your continuation of use of the
Site shall be deemed to be your acceptance of the Privacy Policy which is then
displayed on the Site at the time of such use. 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. General 10.1 Subject to any
additional agreements relating to the offered Services, this Agreement, the
Privacy Policy & Statement, the Disclaimer and Limitation statements, the
Copyrights and Trademark policy, constitute the entire agreement between the User
and IndiaClaims.com with respect to access to and use of the Site, superseding
any prior written or oral agreements in relation to the same subject matter
herein. 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. 10.4 This Terms of
Use Agreement supplements the Privacy Policy, Copyrights & Trademarks
Policy and Disclaimer Statements and must be read and understood in conjunction
with them. Thus, this Agreement is incorporated into and governed by all of
the aforementioned. In the event of any conflict between the terms of the Terms
of Use and the aforementioned policies, the terms of the relevant policy and
statement shall control: without limiting the scope
or substance of any provision of this Agreement. 10.5 If you do
agree with the rules and policies stated in this Terms of Use Agreement, or
meet the criteria stated herein, please do not register. You can contact us
by email for any clarifications or information that you may require through the
Contact Us link on the main page.
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