TERMS OF USE

These terms and conditions of use (“Terms of Use”), together with our Privacy Policy (defined below) (collectively, “Agreement”), governs Your access to and use of the website https://claimfriendy.com (“Website”) and all services available through the Website, and/or our mobile application (“App”) (collectively, this Agreement will refer to the Website, the App and services available through either or otherwise provided by Us (defined below), as the Services (defined below)).

Please read this page carefully. If You do not agree, accept and understand the Agreement in entirety, You are not entitled to avail the Services or use the Website or the App.

Introduction

• These Terms of Use apply to Your use of the information, products and services, as may, from time to time, be made available by Us to You (collectively, “Services”). Our services include (but are not limited to) the following:
  1. Advisory services to existing policy holders to increase awareness about the product and its terms & conditions.
  2. Assistance and advisory services at the time of claims to help existing policy holders understand the claims process, document requirements and help locate the service providers like workshops and hospitals.
  3. Anything related to above and ancillary services purely advisory in nature.
• WE ARE NOT ENGAGED IN PROCESSING INSURANCE CLAIMS. ALL CLAIMS ARE SUBJECT TO THE TERMS OF YOUR INSURANCE POLICY AND THE DECISION OF THE CONCERNED INSURANCE COMPANY. WE DO NOT PARTICIPATE IN AND HAVE NO INFLUENCE OVER THE DECISION OF THE INSURANCE COMPANY IN PASSING / REJECTING YOUR INSURANCE CLAIM. THE PASSING / REJECTING OF YOUR INSURANCE CLAIM IS AT THE SOLE DISCRETION OF THE INSURANCE COMPANY. WE ONLY ACT AS AN UNBIASED ADVISOR TO YOU. WE ARE NOT ACTING AS AN AGENT OR REPRESENTATIVE OF ANY INSURANCE COMPANY OR ANY BROKER OR ANY OTHER THIRD PARTY WHO MAY BE INVOLVED IN THE SELLING OR ADVISING OF INSURANCE PRODUCTS. WE ARE NOT ENGAGED IN DOING INTER ALIA SURVEYS, AUDITS, PROCESSING, SETTLEMENTS OR INVESTIGATION OF INSURANCE CLAIMS.
• WE DO NOT PROVIDE ANY ASSURANCE OR GUARANTEE OF THE SETTLEMENT OF ANY INSURANCE CLAIM. THE SERVICES ARE ADVISORY IN NATURE AND ANY ACCEPTANCE/ REJECTION OF ANY KIND OF INSURANCE CLAIM IS SOLELY AT THE DISCRETION OF THE INSURANCE COMPANIES. ANY DISPUTE ARISING WITH RESPECT TO YOUR INSURANCE CLAIM IS TO BE SETTLED DIRECTLY WITH THE INSURANCE COMPANY AS PER THE TERMS OF YOUR INSURANCE POLICY.
• WE ARE NOT REGISTERED WITH AND ARE NOT REGULATED BY THE INSURANCE REGULATORY AND DEVELOPMENT AUTHORITY OF INDIA (“IRDAI”). THE SERVICES PROVIDED TO YOU ARE NOT REGULATED BY THE IRDAI. FURTHER, WE DO NOT REPRESENT THE IRDAI IN ANY RESPECT.

Permitted Users

• You, as a Website and/or App visitor or user (“You”, and “Yours”) of Our Services are entering into this Agreement with Claimfriendy Private Limited and its affiliates (“CFPL”, “We”, “Our”, or “Us”). You expressly state that the Services provided or offered by Us and these Terms of Use, which You are required, at all times, to be bound by, are meant only for persons who are the citizens of India and are permitted to enter into and be bound by a legal contract as per the laws of India. In the event, You are not legally permitted to enter into a contract for some reason, either due to Your age or for any other reason, then, You are not permitted to utilize the Services provided by Us.
• Your availing of the Services implies and expressly and implicitly represents and warrants to Us that You are of the legal contracting age, i.e., 18 years and above, have capacity to enter into contracts and that nothing will invalidate the enforcement of these Terms of Use between You and Us. We have the right to bind You to this Agreement.
• We are the owner of the Website and the App, and all the content contained in therein, and reserve the right to change the Agreement at any time without notice to You, and upon such change, the same shall be effective immediately. You agree to review the Agreement on a regular basis. By using the Website and/or the App, You agree to be bound by the Agreement as updated from time to time. Any rights not expressly granted in the Agreement are reserved by Us.

Registration

• In order to avail Our Services, You are required to register with Us. All information that You provide Us must be accurate and complete in all respects and it is Your sole responsibility to ensure that You immediately intimate changes to that information to Us. Unless expressly otherwise informed by You in writing, We shall rely on any information You provided Us.
• You agree and understand that You are responsible for maintaining the confidentiality of all information provided to Us while registering Yourself. You are solely responsible for all activities that occur under Your e-mail address, password and account.
• We may suspend or terminate Your account in case You share any wrong information or in case Your account is being used by multiple persons.
• Certain Services of the Website and/or the App may be accessed by You only after making a payment of a fee and in case You use any of the Services that are paid, Our rules with respect to refunds provided under section 9 of the Terms of Use will be applicable and must be accepted by You.

Use of Service

• You agree to use the Services only for lawful purposes, in accordance with the terms of this Agreement, and in a way which does not violate applicable law or infringe the right of any person or restrict or inhibit anyone else’s use and/or enjoyment of the Services.
• You undertake and state that by registering for the Services You are in no way impersonating or misrepresenting any person or entity.
• Further, by effecting a transaction that may be allowed by Us on the Website and/or the App, You agree to provide complete and irrevocable authority to Us to take steps and carry out tasks that are essential and relevant to provision of the Services for which the transaction is affected. You further acknowledge and accept that the records maintained by Us with respect to the transactions effected by You at the Website and/or the App shall be the conclusive evidence of such transaction and shall be final and binding on You and Your assigns and successors.
• We reserve the right to suspend, withdraw, modify, add or cancel any or all of the Services offered on the Website and/or the App without any prior notice. Any such suspension, withdrawal, modification, addition or cancellation shall become binding on You forthwith.
• Neither You nor anyone else authorised by You may use the Services:
  1. In an unlawful manner, or in violation of any applicable laws, regulations, licence or third party rights;
  2. To sell all or any part or the Services or to exploit all or any part of the Services for any commercial purposes (or attempt to do so);
  3. In any way which interferes or tampers with, abuses, modifies or otherwise corrupts the security or functionality of any part of the Services; or
  4. In a way that is not permitted under these Terms of Use or any other instructions given by Us to You.
• You are not permitted to do any of the following activities:
  1. Make available any content that is objectionable in any manner;
  2. Impersonate any person or entity, including, but not limited to, officials, directors, employees, agents, authorized representatives; and/or
  3. Falsely state or otherwise misrepresent any information.
• Any person other than You or Your legal heir who is not the party to the Agreement shall have no right under the Indian Contract Act, 1872 or any other applicable law to act upon or enforce the Agreement.

Intellectual Property Rights

• You acknowledge and agree that the Website, the App, the Services and any necessary hardware, software (including but not limited to html-based computer programs), content, including “look and feel” (e.g., text, graphics, images, logos and button icons), photographs, editorial content, trade secrets, copyrighted material, trademarks, patents and other material (collectively, “Proprietary Information”) used in connection with the Website, the App or the Services contain proprietary information and which is protected by intellectual property and other applicable laws.
• You agree that You will not use any Proprietary Information in any way whatsoever except for use of the Services and in compliance with these Terms of Use. You will not modify, rent, lease, loan, sell, distribute, reverse-engineer or create derivative or ancillary works based on the Services and/or the Proprietary Information in any manner or exploit the Services and/or the Proprietary Information in any manner except as provided under these Terms of Use.
• You further acknowledge and agree that all Proprietary Information is protected by national and international laws relating to copyrights, trade marks, service marks, patents or other proprietary rights.
• All trade marks, service marks, and logos used and displayed as part of the Website, the App or the Services are registered to and/or owned by Us. Availing of the Services will not, in any manner, be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the trade marks, service marks and/or logos used as part of the Services, without Our prior written consent.
• You are also prohibited from sharing any of the communication exchanges between Us and You with any other person without Our prior written consent.

Information Provided to Us

• By providing Us any information, You expressly agree that You are responsible for all the matters contained in such information. We do not claim any ownership rights in any information that You provide Us. We do not and will not be responsible for the authenticity, accuracy, completeness or relevance of any such information. You hereby agree to provide Us with Your current, complete and accurate information as prompted and to maintain and update this information as and when required keeping it updated, complete and accurate at all times.
• You agree that if You provide any information that is untrue, inaccurate, not updated or incomplete or if We have reasonable grounds to suspect that such information is untrue, inaccurate, not updated, incomplete or mischievous, then We have the right to indefinitely suspend or terminate Your subscription/ membership/ account for availing the services from the Website and/or the App, We can block You from using the Website and/or the App.
• You further represent and warrant to Us that You have all the necessary rights to provide such information, and, subject to applicable laws, by providing such information to Us, You hereby grant Us an unrestricted, perpetual, royalty-free license to copy, distribute and display in any way whatsoever, use for any commercial purposes whether on the Website, the App or otherwise, including research and development of Our Services, and disclose whether in whole or part to one or more third parties on one or more occasions any of the information including, without limitation for promoting and redistributing part or all of the Services (and derivative or ancillary works thereof) in any media formats and through any media channels.
• On acceptance of the Agreement and while availing the Services You represent and warrant that You have given Us adequate authority and power of attorney to contact the third parties including but not limited to insurance companies on Your behalf and make all communications including but not limited to lodging of insurance claim and sharing Your documents such as claim form and other necessary documents/ details for processing Your claim.
• You may post the contents on the Website and/or the App or share Your feedback and remarks on the Website and/or the App. In this case, You represent and warrant that You will keep Your content within the community guidelines and will use the language that is publicly accepted and is not offensive or abusive. We reserve the right to remove any of Your contents, reviews, feedback or remarks if We find it unsuitable for Our users and does not comply with Our internal guidelines.
• We respect Your privacy and We protect Your personal information in accordance with Our Privacy Policy available at [insert URL] (“Privacy Policy”).

Information Provided by Us

• The information provided by Us on the Website and/or the App has been derived from the third-party sources including third-party websites. We are neither obligated to review such third-party information nor do We control any of such third-party information. We will not be responsible for such information from the third-party sources (or the products, services, or contents available through any of them) and We do not endorse or make any representation about such third-party information, products, services or material found there or any results that may be obtained from using them. If You access any of the third-party websites linked to the Website and/or the App, You do this entirely at Your own risk and You must follow the privacy policies and terms of use for those third-party websites.
• We may also use third-party services to assist Us in improving Our Services and to monitor users’ interest and activities. You hereby authorize Us and/or third party service providers engaged by Us to collect, use, store, analyze, reproduce, publish and adapt (either on its own or through third party service provider) the information in relation to Your use of the Website and/or the App for the purpose of data analysis and for improving Your experience on the Website and/or the App. You acknowledge that the information provided by Us is solely to improve Your experience in relation to the use of the Website and/or the App and shall be subject to such additional terms of use of CFPL and/or third-party service providers.
• Further, You acknowledge that We are not responsible for the authenticity, completeness, accuracy, reliability, usefulness, functionality and fitness for the intended purpose of the same. Any reliance by You on such information is solely at Your own risk. We shall not be liable to You for any information provided on the Website and/or the App.

Third Party Service Providers

• Some of the Services available on the Website and/or the App are provided by third party service providers. We are not responsible for the services (“Third Party Services”) provided by such third party service providers (“Third Party Service Providers”). The option / ability for You to avail of Third Party Services from Third Party Service Providers is solely for Your convenience. You are required to make a well-informed decision after undertaking appropriate research and analysis prior to availing of any Third Party Services from any Third Party Service Provider.
• WE SHALL NOT BE LIABLE TO YOU IN ANY MANNER WHATSOVER (INCLUDING FOR ANY LOSS OR DAMAGE) AND FOR ANY REASON WHATSOEVER W-ITH RESPECT TO YOU AVAILING ANY THIRD PARTY SERVICES FROM ANY THIRD PARTY SERVICE PROVIDER THROUGH OUR WEBSITE AND/OR APP.
• WE DO NOT COMMENT ON, ENDORSE, RECOMMEND, PROPOSE OR SUGGEST IN ANY MANNER ANY THIRD PARTY SERVICE PROVIDED BY ANY THIRD PARTY SERVICE PROVIDER. FURTHER, WE PROVIDE NO REPRESENTATION OR WARRANTY (WHETHER EXPRESS OR IMPLIED) ON THE NATURE, QUALITY, RELIABILITY, USEFULNESS, SUFFICIENCY, ADEQUACY, EFFECTIVENESS, ACCURACY OR APPROPRIATENESS OF ANY THIRD PARTY SERVICE PROVIDED BY ANY THIRD PARTY SERVICE PROVIDER OR OF ANY INFORMATION PROVIDED BY ANY THIRD PARTY SERVICE PROVIDER ON THE WEBSITE AND/OR THE APP.
• 8.4. PRIOR TO AVAILING OF ANY SERVICE UNDER THE HEALTH AND FTNESS CATEGORY YOU ARE REQUIRED TO CONSULT WITH AND RECEIVE NECESSARY WRITTEN CONSENT FROM A REGISTERED MEDICAL PRACTIONNER PRIOR TO AVAILING OF ANY SERVICE.

Refund

• In case, money has been charged to the Service and such subscription to the Service is not confirmed to You due to non-reflection of payment credit in Our account within 2 (two) business days, Your payment will be refunded to You to the payment instrument that You originally used to make the payment.
• The refund amount in Your account will be reflected within 21 (twenty-one) business days or such other time that is in accordance with the policy of the payment gateway that You used to make the payment.
• Once You have made the payment for availing the Services, the cancellation of subscription of the Services cannot be done.
• We disclaim any and all liability, including for refunds, in the event of any error arising from a failure in the applicable bank, card network or any other intermediary service provider.
• In case a payment has been wrongfully made and credited to Your account, We reserve the right to automatically initiate a refund through Your account. You hereby consent to such a refund initiated by Us and Your bank, at Our request, to offset any incorrect transaction, credit or double payment made to Your account. Once such transaction is processed, We shall inform You of the same and the corrective action taken by Us to refund such payment.

Limitation of Liability

• The Services and any and all information made available to You are provided on an “as is” and “as available” basis without any guarantees, conditions or warranties as to their quality, functionality, usefulness, accuracy, reliability, completeness or that they are fit for the purpose they are intended for.
• We make no representations or warranties of any kind, express or implied, as to the provision of the Services and/or any information available on the Website and/or the App. You expressly agree that Your use of the Services or any information available on the Website and/or the App is at Your sole risk. Further, You will be solely responsible for any action taken by You in reliance upon the Services or any information available on the Website and/or the App.
• We do not make any warranty as to the result that may be obtained from the use of the Services or any information available on the Website and/or the App, or as to the nature, quality, usefulness, accuracy, sufficiency, adequacy, effectiveness, appropriateness, or reliability of any information obtained or derived through the Services, or any information available on the Website and/or the App, whether directly or indirectly. The Services are entirely consulting/ advisory in nature that are based on Our understanding of the relevant rules, regulations and processes by third parties including but not limited to the insurance companies.
• To the extent permitted by law, We, persons who act on Our behalf, and/or persons who enter into contracts with Us, shall not be liable to You for any loss or damage arising in connection with the Services, or any information available on the Website and/or the App whether in contract, tort (including, without limitation, negligence) or otherwise, including, but not limited to:
  1. Reliance on any information provided on the Website and/or the App;
  2. Availing of any Services,
  3. Availing any Third Party Service from any Third Party Service Provider;
  4. Purchase of any products or availing the Services by You upon reliance on the information provided on the Website and/or the App;
  5. Any kind of damage;
  6. Any loss of profits, goodwill, business, contracts, revenue or anticipated savings, or interruption to business, even We are advised of the possibility of such loss of profits, goodwill, business, contracts, revenue or anticipated savings;
  7. Any loss or corruption of data;
  8. Any direct loss or damage whatsoever which may stem directly from, or which results only as a consequence of, a breach of the Agreement; or
  9. Any indirect or consequential loss or damage whatsoever.
• You expressly acknowledge and agree that the restrictions on Our liability under the Agreement are reasonable in the context of the Services being provided to You.
• Except as required under applicable law, Your sole remedy for dissatisfaction with the Services is to stop using the Services.
• Notwithstanding anything contained in this Terms and Condition Our total liability to You shall not exceed the total amount received by Us from You for the Services in the immediately preceding 12 (twelve) months.

Indemnity

• You shall indemnify and hold Us, and Our affiliates, directors, trustees, officers, employees, attorneys, associates and/or agents (each an “Indemnified Party”) indemnified to the fullest extent permitted by the laws of India, from and against any and all losses, liabilities, claims, damages, proceedings, penalties, judgments and expenses (including reasonable fees, disbursements and other charges of counsel which may be incurred by the Indemnified Party), incurred or suffered by the Indemnified Party, as a result of (a) any willful misrepresentation, inaccuracy in or breach by You of the covenants, agreements or obligations contained in this Agreement; (b) any misrepresentation or misuse of the Service offered to You or any negligent or unreasonable or inappropriate use of the Services by You.

Termination

• The Agreement shall, during the provision of the Services, remain binding and enforceable between You and Us unless terminated, in writing, by Us.

Disclaimer

• THE CONTENT AVAILABLE ON THE WEBSITE AND/OR THE APP ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED AND WE SPECIFICALLY DISCLAIM ALL WARRANTIES, INCLUDING INTER ALIA IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PURPOSE. WE DO NOT MAKE ANY REPRESENTATION OR WARRANTY ABOUT THE USEFULNESS, USE, OR THE VERACITY, RELIABILITY, AUTHENCITY OR OTHERWISE. THE INFORMATION, INCLUDING THE TERMS, CONDITIONS, EXCLUSIONS AND LIMITATION, AVAILABLE ON THE WEBSITE AND/OR THE APP ARE NOT INTENTED TO BE EXHAUSTIVE AND ARE INDICATIVE IN NATURE.
• YOU SHOULD ASSUME THAT EVERYTHING YOU SEE OR READ ON THE WEBSITE AND/OR THE APP (INCLUDING BUT NOT LIMITED TO DIRECTORIES, GUIDES, OPINIONS, REVIEWS, TEXTS, PHOTOGRAPHS, IMAGES, ILLUSTATIONS, PROFILES, TRADE MARKS, SERVICE MARKS AND THE LINKS) IS COPYRIGHTED/ PROTECTED BY APPLICABLE INTELLECUAL PROPERTY LAWS UNLESS OTHERWISE PROVIDED AND MAY NOT BE USED EXCEPT AS PROVIDED IN THESE TERMS OF USE, OR IN THE TEXT ON THE WEBSITE AND/OR THE APP, WITHOUT THE PRIOR WRITTEN PERMISSION FROM US. WE NEITHER WARRANT OR REPRESENT THAT YOUR USE OF INFORMATION DISPLAYED ON THE WEBSITE AND/OR THE APP WILL NOT INFRINGE PATENT, COPYRIGHT OR ANY INTELLECTUAL PROPERTY RIGHT OR ANY OTHER RIGHTS OF THIRD PARTIES NOT OWNED BY OR AFFILIATED WITH US.
• ALSO, YOU MUST USE YOUR OWN JUDGMENT OR OBTAIN PROFESSIONAL ADVICE IN DETERMINING WHETHER TO COMPLY WITH ANY INFORMATION ON THE WEBSITE AND/OR THE APP, INCLUDING ANY REPORT, REVIEW, OPINION, OUTPUT OR RECOMMENDATION. WE ARE NOT RESPONSIBLE FOR ANY OF YOUR ACTS OR OMISSIONS RESULTING FROM ANY INFORMATION ON THE WEBSITE AND/OR THE APP, INCLUDING ANY REPORT, REVIEW, OPINION, OUTPUT OR RECOMMENDATION. AS THE SERVICES EVOLVE, WE MAY PROVIDE YOU THE EXPLANATIONS ON HOW THE SERVICES WORK AND CERTAIN ADDITIONAL SPECIFIC DISCLAIMERS. ANY SUCH SPECIFIC DISCLAIMERS PROVIDED TO YOU, INCLUDING THROUGH A NOTICE MADE AVAILABLE WITHIN THE SERVICES, ARE INCORPORATED BY REFERENCE INTO THIS AGREEMENT.

Governing Law and Jurisdiction

• The Agreement shall be governed by the laws of India and in case of any disputes between You and Us in respect of the terms hereof, the courts of New Delhi shall have exclusive jurisdiction.

Assignment

• You shall not be entitled to assign any right or obligation under the Agreement without Our prior written consent. It is clarified that We shall be free to assign Our rights or obligations under the Agreement, without any restriction.

Severability

• If any provision of the Agreement is determined to be invalid or unenforceable or illegal in whole or in part, such invalidity or illegality or unenforceability shall attach only to such provision or the applicable part of such provision and the remaining part of such provision and all other provisions of the Agreement shall continue to remain in full force and effect.

Notices

• All notices, documents or communications under the Agreement shall be written in English and shall be sent by e-mail as follows:
  If to Us: At the following e-mail address: [email protected]
  If to You: At the e-mail address mentioned by You at the time of registration on Website and/or the App.

Survival

• All provisions related to the proprietary rights, all warranties and representations made by You, Section 10 (Limitation of Liability), Section 11 (Indemnity), Section 14 (Governing Law and Jurisdiction), Section 15 (Assignment) Section 16 (Severability), Section 17 (Notices), Section 18 (Survival) and Section 19 (Independent Rights) of these Terms of Use shall survive any termination.

Independent Rights

• Each of the rights under the Agreement is independent, cumulative and without prejudice to all other rights available.