The use of the websites, www.apnainsurance.com and / or any other associate website (hereinafter referred to as “Site” or “Website”) is subject to the terms of a legal agreement between the user of the Website and Andromeda Sales and Distribution Private Limited (Hereinafter referred to as the “Company”). The Company is incorporated under the provisions of the Companies Act, 2013, having its registered office at 158 CST Road, Kalina, Santacruz (East), Mumbai, Mumbai City (400098).
The following terms and conditions will be deemed to have been accepted by you (“User”) on mere visitation and / or usage of the services of this Website. You are requested to read them carefully before you visit / use the services of this Site.
- The term “User”, “Client” or “You” (or any variant of the said pronoun) shall refer to the user who is browsing or using the services of this Site.
- The term “Company” shall refer to the concerned company “Andromeda Sales and Distribution Private Limited” and/or its affiliates/subsidiary companies.
- The term “Site” or “Website” refers to www.apnainsurance.com, and other websites, if any, owned, monitored by, or associated with the Company and includes the software, Materials, text, images, graphics, video and audio and applications on such Site.
- The term “Personal Information” and “Information” provided by the User shall include any personal information or data, sensitive personal data, or any other information so provided by the User to the Company, in accordance with the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data) Rules, 2011, and the allied rules and regulations.
- The Company is a part of Andromeda group, which is India’s largest distributor of loans, mortgage, financing and financial instruments such as credit cards, home loans, unsecured business loans, and car loans.
- All Materials present on this site are the exclusive property of the Company. The software, materials, text, images, graphics, video and audio used on this Site belongs to the Company. No Material from this Site may be copied, modified, reproduced, republished, uploaded, transmitted, adopted, posted or distributed in any form whatsoever without prior written permission from the Company. All rights not expressly granted herein are reserved. Unauthorized use of the Materials appearing on this site may violate copyright, trademark and other applicable laws, and may result in appropriate criminal and/or civil actions.
- The Company does not make any warranties, express or implied, including without limitation, those of merchantability and fitness for a particular purpose, with respect to any information, data, statements, Material or services / products made available on the Site.
- This Site, along with all, inter alia,Materials, information, software, products and services provided on this Site, are provided on an “as is” and “as available” basis. The Company expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
- The Company shall have no responsibility for any damage to a User’s computer system or loss of data that result from the visitation of, or usage or download of any Content, Materials or information from the Site.
- In no event will the Company be liable for damages of any kind, including without limitation, direct, incidental or consequential damages (including, but not limited to, damages for lost profits, business interruption and loss of programs or information) arising out of the use of or inability to use the Site, or any information provided on the Website, or for any claim attributable to errors, omissions or other inaccuracies in the products or services or interpretations thereof.
- The Client hereby agrees and undertakes to indemnify and keep indemnified the Company and its affiliates, officers, directors, employees, agents and advisors and any other person appointed by the Company (“Indemnified Party”) against any and all actual losses, expenses, liabilities, obligations, damages, actions, proceedings, claims, demands and judgements (including but not limited to legal and other fees on a full indemnity basis) asserted against or incurred by the Indemnified Party, in connection with or related thereto the use of the Material and services provided on the Website. The Information contained in this Site has been obtained from sources believed, to the best of the Company’s knowledge, to be reliable. The Company disclaims all warranties as to the accuracy, completeness or adequacy of such information.
- The Company makes no warranty that:
- The Site will meet your requirements;
- The Site will be available on an uninterrupted, timely, secure, or error-free basis;
- The results that may be obtained from the use of the Site or any services offered through the Site will be accurate or reliable.
- The User consents to the sharing of his information with third parties at the Company’s discretion, to the extent necessary or recommended for a proper and effective provision of services to the customer by the Company. The Company reserves the right to use the information to provide the User a more personalized online experience.
- You agree and authorize the Company to share your information with its group companies and other third parties, in so far as required for the lawful purposes connected with the functioning of the Company or activity of the Company or any person on its behalf and considered necessary, thereof, for such purposes, including to provide you with various value added services, in association with the services selected by you or otherwise.
- You agree to receive communications through emails, telephone and/or SMS, from the Company or its third-party vendors/business partners/ marketing affiliates regarding the Services/ancillary services updates, information/promotional emails and/or product announcements, at the email ID and mobile number provided by you to the Company.
- The Users may review the information provided by him / her to the Company, to ensure that any such information if found to be inaccurate or deficient may be corrected or amended, as feasible.
- The Company shall not be responsible in any manner for the authenticity or accuracy of the information supplied by the provider of information to the Company or such other person acting on behalf of the Company. However, the Company shall take requisite steps as it may deem necessary and reasonable for ensuring and verifying the accuracy and completeness of such Client Information before using the same in relation to the Client.
- The User consents that the Company may transfer information to any other body corporate or a person in India, or located in any other country, that ensures the same level of data protection that is adhered to by the body corporate, in accordance with the Information Technology Act, 2000 and its Rules and Regulations. The Company will retain and use your information as necessary or recommended to comply with its legal obligations, resolve disputes and enforce the agreements entered into for providing services.
- The User agrees that no information whatsoever, on the Website shall be deemed to be financial or other advice or recommendation to purchase any product or service offered by the Company. The Company strongly advises the User to seek independent professional advise before purchasing any product or services offered by Websites in general.
- The Company constantly endeavours to ensure that the Material displayed on the Website are accurate. However, the User agrees that the Company shall not be held responsible in any manner whatsoever if the data, material and information on the Websites are found to be inaccurate or if there are any errors or omissions in the Material. It is further clarified that the Company does not monitor, verify or endorse the Material displayed on the Website, which may be submitted by third parties, and as such the User agrees and understands that such Material may be inaccurate.
- The User agrees and understands that the Company is not liable in any manner whatsoever, in relation to any information or quotation presented to the User through the Website by third parties and service providers. Further, the user agrees and understands that the products and services as shown on the Website are offered and provided by third parties and not the Company itself, and that the Company as such has no control over them.
- In light of the same, the Company shall not be held liable in any manner whatsoever due to any loss or damages that the User may incur while purchasing such products or availing such services. The Company strongly advises the User to satisfy himself / herself before purchasing any product or availing any services offered on the Website.
- The User agrees and understands that the Company in no manner whatsoever shall be held responsible for any losses or damages arising from an inability to access the Website, from any use of the Website or from reliance on the data transmitted through the Website where such losses or damages are caused by any event beyond the control of the Company, including but not limited to, as a result of the nature of electronic transmission of data over the internet. The User further agrees and understands that the Company is not responsible or liable for any direct / indirect losses or damages suffered or incurred by the User which were not foreseeable by the Company when the User accessed / used the Website.
- The User agrees to warrant that he / she has taken all possible measures to ensure that the data / information so entered into the Website is true and accurate.
- The User agrees and understands that his / her telephonic conversation(s) with the support desk of the company (through the numbers mentioned on the Website) may be monitored or recorded. This will help the Company to train its staff and improve its services to the User. The User further agrees and understands that the customer service help line shall be available only on the times notified in the contact us section of the Website, and that he / she will be charged by the concerned network provider for any calls made by him / her.
- The User understands that the products displayed on the Website are examples of products currently available and does not constitute advise or a recommendation to purchase a particular credit card or loan product. The Company receive fees from certain lenders/credit card issuers or agents/distributors/brokers who advertise on or are linked to the Website. The Company retains the fees and does not charge the User for the services offered via the Website. The Company advises the User to be aware that it is very important that before he / she applies for a loan or a credit card product, he / she carefully reads the terms on the application form which will include details of the interest rates applicable and any early prepayment charges and other charges if relevant.
Unless expressly provided otherwise by the Company, all comments, feedback, information or Materials submitted to the Company through or in association with this Site shall be considered to be the concerned Company’s property. By submitting such comments, feedback, information or Materials to the Company, the visitor of the Site agrees to a no-charge assignment to the concerned Company of all worldwide rights, title and interest in copyrights and other intellectual property rights to the comments, feedback, information or Materials. The Company shall be free to use, copy, publish or distribute such comments, feedback, information or Materials on an unrestricted basis without any accountability or responsibility for the same to the visitor / User of the Site.
The Website contains, inter alia, information, applications, content or advertisements, texts, photographs, designs, graphics, images, sound and video recordings, animation and other Materials and effects (Hereinafter collectively, referred to as the “Content“) that are protected by applicable intellectual and proprietary rights owned by the Company, its affiliated companies, holding companies and subsidiary companies or other third parties. All trademarks and copyrighted information contained on the Website are the property of their respective owners. Further, the Company retains all rights (including intellectual property rights), title and interest in the Website, technology, and all underlying technology and data including, inter alia, any enhancements, software, applications and improvements related to the Website (the “Technology“) (the terms “Content” and “Technology” collectively will be referred to as the “Materials“). You may not remove from any electronic or printed copy any copyright, trademark, or other proprietary notice without the express written permission of the Company.
- Permission to use information/ Materials on this Website
Permission is hereby granted to electronically copy and to print in hard copy, limited portions of the Materials published by the Company in this Site for the sole purpose of using Material/information contained therein for personal information and non-commercial use only. Except in connection with personal information and non-commercial use, none of the Contents may be copied, reproduced, distributed, republished, downloaded, displayed, posted electronically or mechanically, transmitted, adopted, recorded, in any manner mirrored, photocopied, or reproduced without the prior written permission of the Company. Any other use of Materials/ information on the Website, including any commercial use, reproduction for purposes other than that noted above, modification, distribution, or republication without the prior written permission of the Company is strictly prohibited and may violate copyright or trademark laws, as applicable.
The User shall not, either directly or indirectly:
- Modify, republish, redistribute, delete, resell, sublicense, publicly perform, cache by proxy the Website or Materials without the express written permission of the Company;
- Use the Materials for telemarketing, direct marketing, and commercial mass e-mail or by agents or representatives or e-mail spammers;
- Reverse engineer, decompile, disassemble, merge, copy, use, disclose, rent, lease, loan, sell, sublicense or transfer the underlying source code or structure or sequence of the Technology or delete or alter author attributes or copyright notices;
- Use any network monitoring or discovery software to determine Website architecture, or extract information about usage or users;
- Reformat or frame any portion of the Website or Materials;
- Use any device, software or routine that interferes with the proper working of the Website, or otherwise attempt to interfere with the proper working of the Website;
- Take any action that imposes, or may impose in its sole discretion an unreasonable or disproportionately large load on its infrastructure;
- Attempt to gain unauthorized access to other computer systems;
- Violate the Website Terms, applicable law or the rights of others; or disrupt or interfere with the security of, or otherwise cause harm to, the Website.
ALL CONTENTS ON THIS SITE ARE APPLICABLE PROPRIETARY AND INTELLECTUAL RIGHTS OF THE COMPANY, ITS AFFILIATED COMPANIES, HOLDING COMPANIES, SUBSIDIARY COMPANIES AND OTHER THIRD PARTIES. EXCEPT AS SPECIFICALLY PERMITTED HEREIN, NO PORTION OF THE INFORMATION ON THIS WEBSITE MAY BE REPRODUCED IN ANY FORM, OR BY ANY MEANS, WITHOUT PRIOR WRITTEN PERMISSION FROM THE COMPANY. VISITORS OR USERS ARE NOT PERMITTED TO MODIFY, DISTRIBUTE, PUBLISH, TRANSMIT OR CREATE DERIVATIVE WORKS OF ANY MATERIAL FOUND ON THIS SITE FOR ANY PUBLIC OR COMMERCIAL PURPOSES.
If and when the need arises the User agrees and understands that he / she is solely responsible for maintaining the confidentiality of his / her password which, together with the Login ID (as may be applicable in accordance with the service selected), allows him / her to access the service. The login ID and password, together with any mobile number or other contact information that may have been provided, form the registration information (“Registration Information“). The User further agrees that he / she is solely responsible for maintaining the confidentiality of his / her Login ID and password, and for restricting / monitoring access to his / her computer. The User further agrees to accept responsibility for all activities that occur through his / her account or password. The Company strongly recommends that the User exits/ logs out from his / her account at the end of each session. You agree to notify the Company immediately of any unauthorized use of your account or any other breach of security. You further agree that the Company shall not be liable for any unauthorized use or access unless it is proved that the unauthorized use or access occurred solely due to reasons directly and substantially attributable to the Company.
You shall provide true, accurate, current and complete information about yourself and undertake to inform/update the Company of any change in your Registration Information promptly and keep it up-to-date and accurate at all times, as it has a direct bearing on the provision of services by or through the Company. You agree not to misrepresent your identity nor will you attempt any unlawful access to the Website or use of the services of the Company. Additional terms and conditions will apply to your purchase of services that you select. Please read these terms and conditions carefully.
- Automated Activity
The Website may use robot exclusion methods, which include robots.txt files and HTML meta tags, which expressly allow and/or exclude specified automated programs from accessing certain portions of the Website. Much of the information on the Website is updated on a real time basis and is proprietary or is licensed to the Company by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Website for any purpose, including but not limited to performing “offline” searches and mirroring, without our express written permission as indicated in the then current robots.txt file or HTML meta tags on the Website. Additionally, you agree that you will not bypass the Company’s robot exclusion methods or other measures that the Company may use to prevent or restrict access to the Website.
8. Third Party Links/Offers
This Website may provide links to other websites or resources. Since the Company has no control over such third-party websites and resources, you acknowledge and agree that Company is not responsible for the availability of such external sites or resources, does not endorse, and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource. Your interaction with any third -party link or website accessed through the Website is entirely at your own risk, and Company will have no liability with respect to the acts, omissions, errors, representations, warranties, breaches or negligence of any such third parties or for any personal injuries, death, property damage, or other damages or expenses resulting from your interactions with the third parties. Further, it is reiterated that the advertisements displayed on the Website are delivered by third parties and are beyond the reasonable control of the Company. The User agrees and understands that his / her details may be shared with the advertiser that he / she chooses on the website, and the Company shall not be held responsible in any manner whatsoever for any loss or damage whatsoever, that he / she incurs as a result of any conduct of such third-party advertisers. The Company strongly advises the User to conduct proper background checks before engaging the services as advertised on the Website, and should refrain from doing so in the event of any doubt. For the removal of doubts, the Company disclaims any liability without exception, arising out of the transaction between the User and any advertiser, which may have taken place as a result of the advisement displayed on the Website.
9. Reasonable security practices and procedures
10. Governing law and Jurisdiction:
This Agreement, the construction and enforcement of its terms, and the interpretation of the rights and duties of the parties hereto shall be governed by the existing laws of India.
In accordance with Information Technology Act 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below:
Name: Bharat Prajapati
Email address: firstname.lastname@example.org
In the event of failure to appoint a sole arbitrator, each Party shall appoint an arbitrator of their choice, who shall then jointly appoint a third arbitrator who will act as the Presiding Arbitrator (Umpire).
The Award of the Arbitrator shall be final and binding upon the Parties. The Seat of Arbitration shall be Mumbai only. The language of the arbitration proceedings shall be English.
Nothing in this clause or in the Arbitration and Conciliation Act, 1996, shall, in any way, affect the right of either Party to seek such interim relief, and only such interim relief, as may be needed to maintain the status quo in aid of the arbitration in a court of competent jurisdiction in Mumbai.
The User agrees and understands that the any dispute in relation to transaction entered into by the User in respect of any products or services displayed on the Website, but not offered per se by the Website shall be liable to be settled between the User and such third party offering the products or services, as the case may be.
- Warranty, liability, indemnification
THE DOCUMENTS AND GRAPHICS ON THIS WEBSITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. THE COMPANY MAY MAKE IMPROVEMENTS AND/OR CHANGES HEREIN AT ANY TIME. THE COMPANY MAKE NO REPRESENTATIONS ABOUT THE ACCURACY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND GRAPHICS ON THIS WEB SITE FOR ANY PURPOSE. ALL DOCUMENTS AND GRAPHICS ARE PROVIDED “AS IS” AND “AS AVAILABLE”. THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT, THE COMPANY AND/OR THEIR LICENSORS/ SUPPLIERS SHALL BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THE SITES, THE INFORMATION, OR ON ANY OTHER HYPERLINKED WEB SITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF THE COMPANY IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL THE COMPANY, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS OR CONTRACTORS BE LIABLE FOR ANY COMPENSATORY, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, OR ANY CLAIMS OF YOU OR OTHER THIRD PARTIES WHATSOEVER WITH RESPECT TO THE WEBSITE OR THE MATERIALS REGARDLESS OF THE LEGAL THEORY ON WHICH THE CLAIM IS BASED, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES THAT RESULT FROM ANY MISTAKE, OMISSION, VIRUS, DELAY OR INTERRUPTION IN OPERATION OR SERVICE OR FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM AN ACT OF GOD, COMMUNICATIONS FAILURE, THEFT OR OTHERWISE. THE COMPANY SHALL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES WHATSOEVER RESULTING FROM ANY FAILURE OF THE INTERNET.
THE COMPANY DOES NOT GUARANTEE THAT ANY CONTENT, INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE THROUGH THE WEBSITE WILL BE FREE OF VIRUSES, “WORMS”, “TROJAN HORSES”, OR THEIR HARMFUL COMPONENTS. THE COMPANY’S ENTIRE LIABILITY AND YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF ANY SERVICES PROVIDED BY THE COMPANY SHALL BE CANCELLATION OF YOUR ACCOUNT.
You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, representatives, vendors and distributors from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) that the Company may incur as a result of or arising from your (or anyone using the Website on your behalf) violation or breach of any representation or obligation under the Website.
The Company reserves the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with the Company’s defence of such claim.
- Electronic Notices and Transactions
You agree to transact with the Company electronically. This means you agree to accept any terms and conditions and to transact any business with the Company by electronic means, which includes receiving all documents in HTML or PDF format and communicating over the Internet. You also certify that you are at least 18 years of age and have lawful and authorised access to the Internet to inter alia, receive the Company’s services, to request that the Company contact you about its services, to participate in the Company’s text message program, and to view, print and retain all documentation. You authorize the Company to send you important notices about the Website and any pending transactions to an email address you provide to us, if you are a member of the Company or have requested that the Company contact you about our services. It is your duty to keep your email address up to date and to maintain a valid email address and to ensure that emails the Company sends you are not filtered or stopped by spam filters or other types of email blocking functionalities. If you no longer desire to transact electronically with the Company, you may no longer use the Website or Company’s services. You can retrieve and review the Website Terms at any time by visiting www.apnainsurance.com, as the case may be.
You are responsible for obtaining at your own expense all equipment and services required for your lawful and authorised access and use the Website, including all devices, Internet browsers and Internet access. If you access the Website or a Website application through a mobile or wireless device, you are responsible for all fees that your carrier may charge you for data, text messaging and other wireless access or communications services.
The Company reserves the right to investigate complaints or reported violations of the Website Terms and to take any action the Company deems appropriate including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to user profiles, e- mail addresses, usage history, posted Materials, IP addresses and traffic information. The Company reserves the right to seek all remedies available at law and in equity for violations of the Website Terms, including but not limited to the right to block access from a particular internet address to any of the Company’s website(s). These incorporate by reference any notices contained on the Website and constitute the entire agreement with respect to access to and use of the Website, including but not limited to your request that the Company may contact you about its services, and/or your participation in website’s programs and/or services. You agree that the provisions and covenants set forth herein are reasonable. In the event that any provision or covenant of the Website Terms shall be held invalid, illegal or unenforceable by a court or arbitrator of competent jurisdiction for any reason, including but not limited to the scope thereof, then such provision will be severed and replaced with a new provision that most closely reflects the original intention thereof, and the remaining provisions of the Website Terms will remain in full force and effect for the greatest time period and for the broadest scope permitted by applicable law. Without limiting the foregoing, you agree and request that if any court or arbitrator of competent jurisdiction considers any provision or covenant of the Website Terms to be overly broad based on the circumstances at the time enforcement is requested, that such court or arbitrator construe and enforce the provision or covenant to the fullest extent that such court or arbitrator deems reasonable.
The Company shall not be deemed to have waived any rights or remedies in the Website Terms unless such waiver is in writing and signed by the Company. No delay or omission on the part of the Company in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a waiver of any rights or remedies on future occasions.
The Website Terms constitute the entire agreement and understanding between you and the Company, except as the Company may later modify the Website Terms. The Website Terms supersedes all prior agreements and understandings, oral or written, relating to the subject matter contained herein.
Please do not use the information on the Company’s Website to distribute unsolicited bulk e-mails, solicitations or inquiries. The foregoing acts will constitute a violation of the Website Terms.