Terms of Use

Governing Document

The platform is a property of SMC Insurance Brokers Private Limited , a company incorporated under the Companies Act, 2013. SMC’s registered office is at Pratap Nagar Metro Mall, Pratap Nagar, New Delhi – 110007. These Terms of Use written on the platforms explain the terms on which SMC offers the visitor or registered users (hereinafter referred to as You, Your, Yourself, or User) access to the platform for availing services. If you do any transaction on the Platforms, You shall be subject to the policies that are applicable to the Platform for such transactions. By mere use of the Platform, You shall be contracting with SMC and their terms and conditions including the policies constitute, your binding obligations, with SMC.

We reserve the right, at Our sole discretion, to modify, change, add or remove portions of these Terms of Use. We can do it 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 fulfill these Terms of Use, We grant You a non-inclusive, personal, non-transferable, limited privilege to enter and use the Platform.

Acceptance and Acknowledgement

These Terms of Use together with below listed documents/policies (without limitation) available either at Platform or entered separately by SMC with You, as applicable, and all other notices, rules, guidelines with respect to Your use of Platform, constitutes the entire agreement (“Agreement”) between SMC and You.

• Privacy Policy
• Grievance Redressal
• Disclaimer

These 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.

PLEASE 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.

Eligibility

Services 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.

Persons 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.

Further to this, SMC reserves 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 GSMC, is in addition to any other remedy available to SMC, 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.

Important

By accessing, browsing and using this Platform or availing Services, You agree and acknowledge that, You understand this limited and restricted use.

It's important to note that SMC Insurance Brokers Pvt. Ltd. does not engage in cash transactions for any business dealings.

SMC reserves its right to modify, suspend, cancel or discontinue any or all sections, or Services at any time without any notice. You agree that SMC shall not be liable to You or to any third party for any modification, suspension or discontinuance of the Platform.

You release and indemnify SMC 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 SMC through Platform or send any data/email/message or communicate otherwise, You are communicating with SMC through electronic means and gives Your consent to receive communication through electronic means periodically and as and when required.

Services

On the Platform, SMC 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 are only to assist the User of the Platform who are interested in the Services provided by SMC and who wants to explore more options before concluding their transactions.

Any User, who avails of the Services after visiting Our Platform, does so solely at his own discretion, risk and responsibility. SMC 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.

You acknowledge and agree that details available on the Platform are available for information purposes.

When 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 SMC shall not be responsible for any consequences (including without limitation, cancellation of transaction, incomplete or improper documentation) whatsoever.

You hereby grant unconditional and unequivocal consent and authorize SMC 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 about your motor vehicle or to confirm/ verify respective vehicle details from government or third party websites and applications through the use of technological solutions or any other method itself or through third party service providers.

If you require certain additional services, SMC is not and shall not be obliged to provide any such additional services.

SMC 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 or other false personal information to buy. Willfully entering erroneous or fictitious purchase requests may result in prosecution by SMC and/or the seller. Please be aware that even if you do not give SMC, your real name, your web browser transmits a unique address to us, which can be used by law enforcement officials to identify you.

All the Services are provided at the sole discretion of SMC, and you acknowledge and agree that SMC can 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.

Your Account and Login Options

Users 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 an account on the 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”).

Once you register on the Platform by providing Your Information through OTP authentication using your mobile number, SMC sets up an account (“Your Account”) that is unique to you. Subject to Your compliance with account creation guidelines and any other applicable law, or rule, SMC recognizes you as a registered user (Registered User) and you can login into Your Account and avail the Services.

If 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.

You 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. SMC may suspend/delete Your Account or can limit/deny the access to the Platform or Services, at any time, if Your Information is found to be untrue, false, inaccurate, not current, or pertains to another user’s account.

You 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 SMC, incorporated herein by way of reference.

You expressly understand and agree that to the maximum extent permitted by applicable law SMC will 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.

User Content

Being 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 SMC does not pre-screen the User Content SMC shall 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.

You are prohibited to access or copy any Content or User Content on the Platform, including any derivatives thereof, through manual and/or automated means, such as page scraping, data mining, data gathering, indexing, using software, devices, bots, crawlers, spiders, scripts, deep links, browser plug-ins, or by breaching, disregarding, or violating any limitations or instructions in the robot.txt file, if any, embedded in the Platform or URLs.

In 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 SMC at its sole discretion may remove or disable the access to the User Content or any part thereof, without any notice to User.

Assignment of User Content: You hereby grant SMC a 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.

When you share any feedback or post any comment (including User Content) on the Platform, it is deemed non-confidential. SMC is 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 third parties; (ii) SMC is not under any obligation of confidentiality, express or implied, with respect to the feedback; (iii) SMC may 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 SMC for the feedback under any circumstances.

Audit and Information Sharing

SMC at all times reserves its right, but not an obligation, to audit the Content, User Content, Features available on the Platform, or any other material or information posted/uploaded by the User. If at any time, in the sole discretion of SMC, SMC determines 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 SMC may either remove or edit or block such material without any notice.

Further to this, it is informed that SMC may share the information about such instance (with or without demand) with a government agency for the purpose of verification of the 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.

“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.

Feature" or "Features": A "Feature" may include any interactive, value addition service or other additional feature which are introduced or available on the Platform.

You 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 can be shared with group and associate companies of SMC group as necessary for the purposes outlined in our privacy policy.

Third Party service Providers

SMC uses third-party service providers to assist SMC in improving our Services and Platform and to monitor our Users’ interests and activities. You hereby authorize SMC and/or third party service providers engaged by SMC to collect, use, store, analyze, reproduce, publish, and adapt (either on its own or through a 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 SMC to 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 SMC and/or third party service providers.

Payment Related Information

Access to Platform is free and Users (Registered or Guest) can browse the information/products and avail the Services free of charge. Please note that SMC is only assisting in the 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.

License and Platform Access

Subject to the compliance with all applicable laws, rules and terms and conditions of this Agreement and/or Additional Terms, SMC grants 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:

The 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;

You, 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.

No Contents or information on the Platform may be reproduced in any form or incorporated into any internet website 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.

You shall not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of SMC without the express written consent of SMC.

Any software that is available on the Platform is the property of SMC or 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 SMC.

Any unauthorized use terminates the permission and the license granted by SMC under this Agreement to you.

Modification: All information available on Platform is made available to You on best efforts basis, however, SMC does not guarantee nor assume any responsibility for the correctness of such information/data. SMC reserves the right to modify, suspend/cancel, or discontinue any or all sections, or services 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, SMC reserves the right to make modifications and alterations in the information contained on the Platform without notice. You agree that SMC shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Platform.

Intellectual Property Right

The Platform itself and all Content and other works on the Platform are the copyrighted works of SMC or 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 SMC.

Platform may contain also contain certain trade-marks, logos, or service marks (“Marks”). These Marks are proprietary to the SMC or third parties. You are not permitted to use the Marks, in any manner, without first obtaining the written permission of the SMC or third party that owns and controls the Marks.

YOU 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. SMC RESERVES THE RIGHT TO CHANGE OR MODIFY THE CONTENT FROM TIME TO TIME AT ITS SOLE DISCRETION.

You further acknowledge and agree that You shall not copy, reproduce, republish, upload, post, transmit or distribute, the Content available on the Platform, in any way without obtaining prior permission from SMC or its licensors. All responsibility and liability for any damages caused by downloading of any data are disclaimed.

It is clarified that any use of the Platform, Content, Marks, or other intellectual property rights of SMC, in contravention of the terms of this Agreement or any applicable law shall constitute the infringement of such intellectual property right of SMC or their third party, upon which SMC or third party may initiate the appropriate legal proceedings against the User.

Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, SMC owns all intellectual property rights to and into the Platforms, 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.

ALL RIGHTS NOT EXPRESSLY GRANTED HEREUNDER TO THE USER, ARE RESERVED EXCLUSIVELY FOR SMC.

Indemnification

You agree to indemnify, defend and hold harmless SMC and its respective directors, officers, employees, and contractors (hereinafter 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.

SMC may notify You of any claims which You shall be liable to indemnify SMC against. You will then be required to consult with SMC regarding 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 SMC without the express prior written consent of SMC which can be withheld or denied or conditioned by SMC in its sole discretion.

Disclaimer of Warranty and Liability

All 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.

When You Access The Platform Or Avail Any Product Or Services At Or Through 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, SMC Makes No Warranty That:

The 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;

The Results That May Be Obtained From the Use of the Platform or Services Will Be Effective, Accurate, or Reliable

The Quality Of The Platform Or Services Will Meet Your Expectations; Or Any Errors Or Defects In The Platform Or Services Will Be Corrected. No Advice Or Information, Whether Oral Or Written, Obtained By You From SMC Or Through The Platform / Content Or From Use Of The Services Shall Create Any Warranty Not Expressly Stated In These Terms Of Use.

Platform 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.

To The Fullest Extent Permissible Pursuant To The Applicable Law, SMC Disclaims All Warranties, Express Or Implied Related To Platform, Content, User Content, Services, Arising Under Intellectual Property Right, Libel, Privacy Publicity, Obscenity Or Other Laws. SMC Also Disclaims All Liability With Respect To The Misuse, Loss, Modification, Or Unavailability Of Any User Content.

Notwithstanding Anything To Contrary In The Agreement(S), In No Event Shall SMC And 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 SMC Has 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.

You 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 SMC Nor 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.

SMC Entire 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 SMC Under The Relevant Order To Which The Cause Of Action For The Liability Relates.

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 SMC shall be subject to the exclusive jurisdiction of courts in Delhi, India.

Force Majeure

SMC shall not be liable for any failure and/or delay on its part in performing any of its obligations under this Agreement and/or for any loss, damage, costs, charges, and expenses incurred and/or suffered by the User by reason thereof if such failure and/or delay shall be the result of or arising out of Force Majeure Event set out herein.

"Force Majeure Event" means any event due to any cause beyond the reasonable control of SMC, 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 SMC hereto which prevents timely fulfillment of the obligation of SMC.

Miscellaneous

Severability: 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.

Waiver: 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 off 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.

Independent Contractor: You and SMC are independent contractors, and nothing in these Terms of Use will be construed to create a partnership, joint venture, an association of persons, agency (disclosed or undisclosed), franchise, sales representative, or employment relationship between You and SMC.

Contacting 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).