Welcome to https://arkavach.com!
Anand Rathi Insurance Brokers Ltd (ARIBL/Company) owns and operates the Website/Portal https://arkavach.com, where these Terms of Use are posted. These Terms of Use (referred to as "Terms") are designed to inform you about the terms and conditions governing your use of the Website/Portal, any related Website/Portals linking to these Terms, and all the content along with other products or services offered through these Website/Portals (collectively, the "Website/Portal").
By using or Otherwise Accessing the Website/Portal; Creating, Registering, or Accessing an Account; Posting or Downloading Content, or any Other Information to or from the Website/Portal; Purchasing any Products or Services via the Website/Portal; or Manifesting Your assent to these terms in any other manner, you hereby unequivocally and expressly agree to, and shall be subject to, these Terms. If You Do Not Unequivocally Agree to These Terms, You May Not Use or Otherwise Access the Website/Portal, Create, Register, or Access an Account, Post or Download Content or Any Other Information to or From the Website/Portal, or Purchase Any Products or Services via the Website/Portal. Your Use of the Website/Portal Is Subject to Your Prior and Continued Acceptance of these Terms, as well as the Terms of ARIBL’s Privacy Policy. In Addition, any Purchases of Products and/or Services from ARIBL shall be subject to the Disclosures.
These Terms and Conditions constitute the unconditional contract and agreement between the User and the Company. By accessing the Website/Portal, the User acknowledges and accepts these terms.
Terms and conditions of usage of the Website/Portal
The information presented on this Website/Portal by the Company regarding various insurance products within the Insurance Markets aims to benefit the User. However, the presence of this information and guidance on the Website/Portal should not be construed as a recommendation by the Company or its personnel to purchase any specific insurance policy or related products discussed therein.
Decisions regarding the purchase of insurance policies should be solely based on the User's assessment of the policies/products and their individual needs. Although we strive to ensure the accuracy and completeness of the information and services provided, neither the Company nor any of its directors, employees, advisors, or affiliates can be held liable under any circumstance for losses or damages resulting from reliance on information obtained through this Website/Portal.
The User bears the sole responsibility to evaluate the completeness, accuracy, or usefulness of any opinion, guidance, or other content available on the Website/Portal. It's highly recommended that the User seeks advice from their legal counsel, business advisor, and tax advisor regarding the legal, business, tax, and related matters concerning any policy or guidance sought or provided.
We retain the right, at our sole discretion, to modify or replace these Terms by posting the updated terms on the AR Kavach Website/Portal. It is your responsibility to periodically review the Terms for any changes. Your continued use of the AR Kavach Website/Portal after any posted changes automatically constitutes acceptance of those revisions.
Additionally, we reserve the right to alter, suspend, or terminate the AR Kavach Website/Portal (including, but not limited to, any feature, database, services, or content) or any part thereof, at any time, and for any reason. We may also impose limitations on specific features or services or restrict your access to parts or all of the AR Kavach Website/Portal's services without prior notice or assuming liability.
ARIBL Intellectual Property
Unless otherwise specifically noted in these Terms, images, trademarks, service marks, logos, icons, and any other intellectual property (collectively, “Website/Portal IP”) displayed on this Website/Portal are the property of ARIBL or third parties who have authorized their use by ARIBL. Nothing contained on this Website/Portal should be construed as granting any license or right to use any Website/Portal IP displayed on this Website/Portal without the written permission of ARIBL or such third party that may own the Website/Portal IP. Misuse of any Website/Portal IP, or any other Content, displayed on this Website/Portal is prohibited. The Website/Portal, including, without limitation, any Content, is the copyrighted property of ARIBL or its respective owner, and it may not be reproduced, recreated, modified, accessed, or used in any manner or disseminated or distributed to any other party in violation of these Terms. Any unauthorized use of any Content or Website/Portal IP, whether owned by ARIBL or other parties, may violate copyright laws, trademark laws, privacy and publicity laws, and communications regulations and statutes. You will not copy, reverse engineer, disassemble, decompile, translate, modify, reproduce, republish, transmit, sell, offer for sale, disseminate, or redistribute the Website/Portal IP or any part thereof or grant any other person or entity the right or access to do so.
For certain aspects of the Website/Portal, you may be asked to register an account. In the event you agree to register an account, you will select and/or receive a username and password upon providing registration information and completing the registration process. This account is personal to you, and you will not share it or allow any other person to utilize your account. You are responsible for maintaining the confidentiality of your username and password and are fully responsible for all activities that occur under your username and password. You agree to immediately notify ARIBL in the event (a) your registration information changes or (b) you learn of or have reason to suspect any unauthorized use of your account or login credentials or any other breach of Website/Portal security. You also agree that you will provide truthful and accurate information during the registration process. ARIBL may refuse to grant a particular username to you for any reason, including, without limitation, in the event, that ARIBL determines that such username impersonates someone else, is protected by trademark or other proprietary right law, or is vulgar or otherwise offensive.
Content
You acknowledge that the Website/Portal may contain or provide access to information, software, photos, video, text, graphics, music, sounds, or other material provided by ARIBL or third parties (collectively, “Content”) that are protected by copyrights, patents, trademarks, trade secrets or other intellectual property laws, and these rights are valid and protected in all forms, media, and technologies existing now or hereafter developed. For the avoidance of doubt, references to Content shall include Subscription Content.
ARIBL’s Privacy Policy
ARIBL collects, stores, and uses data collected from you under ARIBL’s Privacy Policy. This Term shall be referred to and read together with the Privacy Policy and Disclaimer of the AR Kavach Website/Portal.
Links
The Website/Portal may provide, or third parties may provide, links to other Website/Portals or resources on the Internet. Because ARIBL has no control over such Website/Portals or resources, you acknowledge and agree that ARIBL is not responsible for the availability of such external Website/Portals or resources, and ARIBL does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such Website/Portals or resources or any privacy or other practices of the third parties operating those Website/Portals or resources. You further acknowledge and agree that ARIBL 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 your use of or reliance on any such content, goods, or services available on or through any such Website/Portal or resource. ARIBL strongly encourages you to review any separate Terms and privacy policies governing the use of these third-party Websites/Portals and resources.
User Representations
You hereby represent and warrant to ARIBL that: (a) you (i) are eighteen (18) years of age and above (ii) are an emancipated minor under the laws of your jurisdiction of domicile and/or residence, (iii) possess legal parental or guardian consent or (iv) otherwise have the power and authority to enter into and perform your obligations under these Terms; (b) all information provided by you to ARIBL is truthful, accurate and complete; (c) you are an authorized signatory of the credit or debit card or other method of payment that you provide to ARIBL or its third party payment processor to pay the purchase price and any applicable fees or taxes related to your purchases of products and/or services via the Website/Portal, if any; (d) you will comply with the terms and conditions of these Terms and any other agreement to which you are subject that is related to your use of the Website/Portal, Content or any part thereof; (e) you have provided and will maintain accurate and complete registration information with ARIBL, including, without limitation, your legal name, email address and any other information ARIBL may reasonably require; (f) your access to and use of the Website/Portal or any part thereof and/or purchase and use of any products or services will not constitute a breach or violation of any other agreement, contract, Term or any law or regulation to which you are subject; (g) you will not use the Website/Portal to gain competitive intelligence about ARIBL, the Website/Portal, or any product or service offered via the Website/Portal or to otherwise compete with ARIBL or its affiliates; and (h) if you purport to be the agent of, represent or otherwise act on behalf of an entity or any other person, that you are in fact an authorized representative of such entity or other person.
Prohibited Uses
You are solely responsible for any and all acts and omissions that occur under your account or password, and you agree not to engage in unacceptable use of the Website/Portal or any part thereof, which includes, without limitation: (a) use of the Website/Portal to post, store or disseminate material or information that, is or to a reasonable person may be false, fraudulent, unlawful, harmful, tortious, abusive, obscene, pornographic, defamatory, libelous, harassing, invasive of another’s privacy, offensive, vulgar, threatening, malicious, hateful or racially, ethnically or otherwise objectionable; (b) use of the Website/Portal to post, store or disseminate Content, files, graphics, software or other material or information that actually or potentially infringes the rights of any person, including, without limitation, the copyright, trademark, patent, trade secret or other intellectual property rights, or privacy, moral or publicity rights, of any person; (c) use of the Website/Portal to interfere, disrupt or attempt to gain unauthorized access to other accounts on the Website/Portal, to restricted portion of the Website/Portal, to Content, or any other computer network or equipment; (d) use of the Website/Portal to post, store or disseminate viruses, Trojan horses or any other malicious code or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware, system or telecommunications equipment; (e) use of the Website/Portal to post, store or disseminate any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or other fraudulent schemes, or any other form of solicitation; (f) use of any manual or automated software, devices or other processes to “crawl” or “spider” any web pages contained in the Website/Portal (including, without limitation, the use of robots, bots, spiders, scrapers or any other means to extract pricing, product, service or other data from the Website/Portal); (g) use of the Website/Portal to gain competitive intelligence about ARIBL, the Website/Portal, or any product or service offered via the Website/Portal or to otherwise compete with ARIBL or its affiliates; (h) framing or otherwise simulating the appearance or functions of the Website/Portal or any portion thereof; (i) harvesting or otherwise collecting any information about other users, including, without limitation, email addresses or other contact information of other users; or (j) use of the Website/Portal to engage in any activity that, as determined by ARIBL, may intentionally or unintentionally violate these Terms, violate any applicable laws or regulations or conflict with the spirit or intent of these Terms.
Disclaimers
To the maximum extent permitted by law, the Website/Portal, including any content, products, or services provided therein, is offered 'as is' and 'as available. Both parties mutually understand that users' engagement with the website is entirely at their sole discretion and risk.
The content provided via the Website/Portal, or any product or service offered via the Website/Portal, is for informational purposes from an insurance perspective only. Anand Rathi Insurance Brokers Limited (ARIBL) does not provide legal, accounting, or other professional advice on specific matters. Consequently, ARIBL assumes no liability whatsoever regarding the use of such content and is not legally responsible for the same in any manner whatsoever.
ARIBL makes no warranty that the Website/Portal, any content, or any products or services provided via the Website/Portal will meet your requirements, that the use thereof will be uninterrupted, timely, secure, or error-free, that the results obtained from such use or any information found thereon will be accurate or reliable, or that the quality of any content, products, services, information, or other material obtained through the Website/Portal will meet your expectations. ARIBL does not guarantee the accuracy or completeness of any third-party information, and neither ARIBL nor any of its directors, officers, or employees, nor those of its affiliates, shall be liable for any loss or damages arising out of the use by a person of the third-party information.
While we strive to ensure the accuracy and completeness of the information and services provided, neither the Company nor any of its directors, employees, advisors, or affiliates can be held liable under any circumstance for losses or damages resulting from reliance on information obtained through this Website/Portal. In no event will the Company be liable to you for any direct, special, indirect, consequential, incidental damage, or any other damage of any kind.
Insurance is the subject matter of solicitation. Read all the policy terms and conditions carefully before concluding a sale. Tax benefits are subject to changes in applicable tax laws. Please note that we operate solely as a facilitator, and the decision to accept or reject claims rests solely with the insurer.
PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES:
ANY CONTENT OR OTHER MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE/PORTAL IS DONE AT YOUR SOLE RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION OBTAINED BY YOU THROUGH THE WEBSITE/PORTAL OR OTHERWISE SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THESE TERMS.
Limitation of Liability
TO THE MAXIMUM EXTENT ALLOWED BY LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT ARIBL SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ARIBL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE WEBSITE/PORTAL, ANY CONTENT, OR ANY PRODUCTS OR SERVICES PURCHASED VIA THE WEBSITE/PORTAL; (B) THE COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS AND SERVICES RESULTING FROM ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEBSITE/PORTAL OR OTHERWISE; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS, CONTENT OR DATA; OR (D) ANY OTHER MATTER RELATING TO THE WEBSITE/PORTAL, ANY CONTENT OR THE PURCHASE OF ARIBL’S PRODUCTS OR SERVICES. IF YOU ARE DISSATISFIED WITH THE WEBSITE/PORTAL, YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE TO DISCONTINUE THE USE OF THE WEBSITE/PORTAL AND TERMINATE THESE TERMS IN ACCORDANCE WITH ITS TERMS. TO THE MAXIMUM EXTENT ALLOWED BY LAW, IN NO EVENT SHALL ARIBL’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE WEBSITE/PORTAL, PURCHASING ANY CONTENT OR PURCHASING ARIBL’S PRODUCTS OR SERVICES, OR ANY AMOUNT RETAINED BY ARIBL FOR PROVIDING ANY OF THE FOREGOING.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Indemnification
You agree to defend, indemnify and hold harmless ARIBL, its officers, members, directors, employees, and agents from and against any claims, liabilities, damages, losses, or expenses, including attorneys’ fees and costs and expenses, arising out of or in any way connected with (a) your access to or use of the Website/Portal or any part thereof, (b) a breach or alleged breach by you of any of your representations, warranties, covenants or obligations under these Terms, (c) infringement or misappropriation of any intellectual property or other rights of ARIBL or third parties by you, (d) any negligence or willful misconduct by you, (e) any other claim related to your performance under these Terms, or (f) your use of any Content, services, or products provided by ARIBL.
Term and Termination
In addition to any other method of termination or suspension provided for in these Terms, ARIBL reserves the right to terminate these Terms at any time and for any reason upon immediate notice to you. Further, you agree that ARIBL shall not be liable to you or any third party for any termination or suspension of your access to the Website/Portal or any part thereof, removal of Content, or sale of any services or products. You may terminate these Terms at any time by immediately discontinuing all access to the Website/Portal and by providing notice to ARIBL of such discontinuance. Termination or cancellation of these Terms shall not affect any right or relief to which ARIBL may be entitled at law or in equity. Upon termination of these Terms, you shall terminate all use of the Website/Portal and any Content provided thereby. In the event of termination, you will not be entitled to any refund of any fees or other charges, if any, paid in connection with access to the Website/Portal.
Governing Law and Other Miscellaneous Terms
You acknowledge and agree that any expenses that you incur in the furtherance of these Terms are voluntary and are made with the knowledge that these Terms may be terminated as provided herein. You shall not make a claim against ARIBL, and ARIBL shall not be liable with respect to the recoupment of any expenditures or investment made by you in anticipation of the continuation of these Terms beyond the term hereof.
The parties agree that breach of these Terms would cause irreparable harm and significant injury to ARIBL which would be both difficult to ascertain and which would not be compensable by damages alone. As such, the parties agree that ARIBL has the right to enforce these Terms by injunction (without the necessity of posting bond), specific performance, or other equitable relief without prejudice to any other rights and remedies ARIBL may have for your breach of these Terms.
The validity and effect of these Terms shall be governed by and construed and enforced by the laws of India, without regard to its conflicts or choice of laws and principles.
ANY SUIT, ACTION, OR PROCEEDING CONCERNING OR RELATING TO THE WEBSITE/PORTAL, ITS USE, THESE TERMS, ANY SALE, OR ANY OTHER PRODUCT, SERVICE, POLICY, OR PROCEDURE OF ARIBL, MUST BE BROUGHT EXCLUSIVELY IN A COURT OF COMPETENT JURISDICTION, AND YOU HEREBY IRREVOCABLY CONSENT TO THE JURISDICTION OF SUCH COURT (AND OF THE APPROPRIATE APPELLATE COURTS THEREFROM) IN ANY SUCH SUIT, ACTION OR PROCEEDING, YOU IRREVOCABLY WAIVE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY OBJECTION WHICH YOU MAY NOW OR HEREAFTER HAVE TO THE LAYING OF VENUE OF ANY SUCH SUIT, ACTION OR PROCEEDING IN ANY SUCH COURT OR THAT ANY SUCH SUIT, ACTION OR PROCEEDING WHICH IS BROUGHT IN ANY SUCH COURT HAS BEEN BROUGHT IN AN INCONVENIENT OR IMPROPER FORUM.
The captions and headings of these Terms are included for ease of reference only and will be disregarded in interpreting and construing these Terms. If the performance of any part of these Terms by either party (other than payment of money) is prevented, hindered, delayed or otherwise made impracticable because of any flood, riot, fire, judicial or governmental action, labor dispute, an act of God, telecommunications failure or any other cause beyond the control of either party, that party shall be excused from such performance to the extent that it is prevented, hindered or delayed by such cause.
These Terms, including any other agreements or additional terms referenced herein, constitute the complete and exclusive statement of the agreement between the parties with respect to the Website/Portal, Content, and products and services offered via the Website/Portal, and, unless otherwise expressly provided herein, it supersedes all prior or contemporaneous communications, representations, statements and understandings, whether oral or written, between the parties concerning the Website/Portal, Content, and products and services sold via the Website/Portal. If any provision of these Terms is found unlawful or unenforceable in any respect, the court shall reform such provision to render it enforceable or, if it is not possible to reform such provision to make it enforceable, then delete such provision. As so reformed or modified, the court shall fully enforce these Terms. The provisions of these Terms that by their content are intended to survive the expiration or termination of these Terms, including, without limitation, provisions governing ownership and use of intellectual property, representations, disclaimers, warranties, liability, indemnification, governing law, jurisdiction, venue, remedies, rights after termination and interpretation of these Terms, will survive the expiration or termination of these Terms for their full statutory period.
ARIBL makes no representation that the Website/Portal, Content, or other material or information on the Website/Portal is appropriate to or available in locations outside of India. You may not use the Website/Portal or export Content in violation of Indian export laws, regulations, or restrictions. If you access the Website/Portal from outside of India, you are responsible for compliance with all applicable laws.
Access to Password Protected/Secure Areas
Access to and use of password-protected and/or secure areas of the Site is restricted to authorized users only.
Use of "cookie" file features:
The Company reserves the right to store information on a user’s computer in the form of a "cookie" or similar file for purposes of modifying the Website/Portal to reflect the User's preferences.
Notices:
Notices about these Terms may be issued by the Company or the User in writing. They can be delivered by hand or sent via post to the last address provided by the User. In the case of the Company, notices should be directed to the address specified on the Website/Portal.
