TERMS AND CONDITIONS

Welcome to https://www.netgainsindia.com website (hereinafter referred to as the "Websites") operated by Netgains India Internet Private Limited [Hereinafter referred to as “Company/Company’s”]. The Company provides its services to you subject to the following conditions.

Before you may use the Site, you must read and accept all of the terms and conditions in, and linked to, these Terms of Use [hereinafter referred to as “ToU”] and the linked Privacy Policy(https://www.netgainsindia.com/privacy.html). We strongly recommend that, as you read these ToU, you also access and read the linked information, since it is incorporated into and hereby made part of this ToU. This ToU is effective upon acceptance. Use of any functionality of the Site constitutes acceptance of this ToU. If this ToU conflicts with any other documents, the ToU will prevail for the purposes of usage of the Site. If you do not agree to be bound by this ToU and the Privacy Policy, you may not use the Site in any way. Be sure to return to this page periodically to review the most current version of the ToU. We reserve the right, at any time, at our sole discretion, to change or otherwise modify the TOU without prior notice, and your continued access or use of this Site signifies your acceptance of the updated or modified TOU.

By accessing and using the https://www.netgainsindia.com, you agree to the following

DESCRIPTION OF SERVICES

In the Site, Company provides users with access to information primarily about and services including but not restricted to https://www.netgainsindia.com and related services - to be changed subject to the website the policy is being put] (including but not limited to renewals) (hereinafter referred to as the "Service").

You are responsible for obtaining access to the Site, and that access may involve third-party fees (such as Internet service provider or airtime charges). In addition, you must provide and are responsible for all equipment necessary to access the Site. By making use of this site, and furnishing your personal / contact details, you hereby agree that you are interested in availing and purchasing the Service(s) that you have selected. You hereby agree that Websites may contact you either electronically or through phone, to understand your interest in the selected products and Service(s) (like renewals, reminders etc.) and to fulfill your demand. You also agree that Websites reserves the right to make your details available to its affiliates and partners and you may be contacted by the affiliates and partners for information and for sales through email, telephone and/or sms. You agree to receive promotional materials and/or special offers from Websites through email or sms.

LICENSE AND SITE ACCESS

The Websites grants you a limited license to access and make personal use of the Site and the Service. This license does not include any downloading or copying of any kind of information for the benefit of another individual, vendor or any other third party; caching, unauthorized hypertext links to the Site and the framing of any Content available through the Site uploading, posting, or transmitting any content that you do not have a right to make available (such as the intellectual property of another party); uploading, posting, or transmitting any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; any action that imposes or may impose (in the Company’s sole discretion) an unreasonable or disproportionately large load on the Websites infrastructure; or any use of data mining, robots, or similar data gathering and extraction tools.

You may not bypass any measures used by the Websites to prevent or restrict access to the Site. Any unauthorized use by you shall terminate the permission or license granted to you by the Websites. By using the Site you agree not to: (i) use this Site or its contents for any commercial purpose; (ii) make any speculative, false, or fraudulent transaction or any transaction in anticipation of demand; (iii) access, monitor or copy any content or information of this Site using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission; (iv) violate the restrictions in any robot exclusion headers on this Site or bypass or circumvent other measures employed to prevent or limit access to this Site; (v) take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure; (vi) deep-link to any portion of this Site (including, without limitation, the purchase path for any service) for any purpose without our express written permission; or (vii) "frame", "mirror" or otherwise incorporate any part of this Site into any other website without our prior written authorization.

ELIGIBILITY

The Service is not available to minors under the age of 18 or to any users suspended or removed from the system by the Websites for any reason. Users may not have more than one active account. Additionally, users are prohibited from selling, trading, or otherwise transferring their accounts to another party. If you do not qualify, you may not use the Service or the Site.

YOUR ACCOUNT

In consideration of your use of the Site, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of India or other applicable jurisdiction and will only use the Site to make legitimate purchases for yourself or for another person for whom you are legally authorized to act (and will inform such other persons about the ToU and/or Privacy Policy) that apply to the purchase you have made on their behalf (including all rules and restrictions applicable thereto). You also agree to provide true, accurate, current and complete information about yourself as prompted by the Site. If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or the Websites has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Websites have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

If you use the Site, you are responsible for maintaining the confidentiality of your account and password, and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. Because of this, we strongly recommend that you exit from your account at the end of each session. You agree to notify the Websites immediately of any unauthorized use of your account or any other breach of security. The Websites reserves the right to refuse service, terminate accounts, or remove or edit content in its sole discretion. Notwithstanding the above, we retain the right at our sole discretion to deny access to anyone to the Site and the Services we offer, at any time and for any reason, including, but not limited to, for violation of the ToU or Privacy Policy.

Additional terms and conditions will apply to your purchase of Services that you select. Please read these additional terms and conditions carefully. You agree to abide by the terms and conditions of purchase imposed by any service provider with whom you elect to deal, including, but not limited to, payment of all amounts when due and compliance with the service provider's rules and restrictions regarding use of products, and/or Services. You agree that any violation of any such service provider's rules and restrictions may result in cancellation of your purchase(s), in your being denied access to the applicable service(s), in your forfeiting any monies paid for such Services, and/or in our debiting your account for any costs we incur as a result of such violation.

SUBMITTED CONTENT

The Websites do not claim ownership of any materials you make available through the Site. At the Websites sole discretion, such materials may be included in the Service in whole or in part or in a modified form. With respect to such materials, you submit or make available for inclusion on the Site, you grant the Websites a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such materials or any part of such materials (as well as use the name that you submit in connection with such submitted content). You hereby represent, warrant and covenant that any materials you provide do not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant the license specified in this Section. We take no responsibility and assume no liability for any submitted content posted or submitted by you. We have no obligation to post your comments; we reserve the right in our absolute discretion to determine which comments are published on the Site. If you do not agree to these terms and conditions, please do not provide us with any submitted content. You agree that you are fully responsible for the content you submit. You are prohibited from posting or transmitting to or from this Site: (i) any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material or content that would violate rights of publicity and/or privacy or that would violate any law; (ii) any commercial material or content (including, but not limited to, solicitation of funds, advertising, or marketing of any good or services); and (iii) any material or content that infringes, misappropriates or violates any copyright, trademark, patent right or other proprietary right of any third party. You shall be solely liable for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from your posting of content to this Site.

DISCLAIMER OF LIABILITY AND WARRANTY

The Content, Products, and Services Published on this site may include inaccuracies or errors, Including Pricing errors. We do not guarantee the accuracy of , and disclaim all liability for any errors or other inaccuracies relating to the information and description of the content, products, and services we expressly reserves the right to correct any pricing errors on the site and/or on pending reservations made under an incorrect price. The Websites makes no representation about the suitability of the information, Software, products, and services contained on this site for any purpose, and the inclusion or offering of any products or services on this site does not constitute any endorsement or recommendation of such products or services. All such information, software, products, and services are provided "AS IS" without warranty of any kind. The Websites disclaims all warranties and conditions that this site, its services or any email sent from the Websites, its affiliates, and/or their respective or associated service providers are free of viruses or other harmful components. The Websites hereby disclaims all warranties and conditions with regard to this information, software, products, and services, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title, and no infringement. The service providers providing services on this site are independent affiliates and the Websites is not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any such service providers or for any personal injuries, death, property damage, or other damages or expenses resulting therefore. The Websites and its affiliates have no liability and will make no refund in the event of any delay, cancellation, strike, force majeure or other causes beyond their direct control, and they have no responsibility for any additional expense omissions delays or acts of any government or authority. In no event shall the Websites and/or its affiliates be liable for any direct, indirect, punitive, incidental, special, or consequential damages arising out of, or in any way connected with, your access to, display of or use of this site or with the delay or inability to access, display or use this site (including, but not limited to, your reliance upon opinions appearing on this site; any computer viruses, information, software, linked sites, products, and services obtained through this site; or otherwise arising out of the access to, display of or use of this site) whether based on a theory of negligence, contract, tort, strict liability, or otherwise, and even if the Websites and/or its affiliates their respective service providers have been advised of the possibility of such damages.

DISCLAIMER OF ONLINE AVAILABILITY, IMPRESSIONS, AND CLICK-THROUGHS

In addition to the other disclaimers and limitations discussed in this notice, there are no guarantees and no warranties regarding online availability, impressions, and click-through of the Websites, its web pages, and any material, information, links, or content presented on the web pages at the Websites, its web pages, and any material, information, links, or content presented on the web pages at the Websites, may be unavailable for online access at any time. Advertising sponsors and advertising, if any and if permitted, must be approved by the Websites before the posting of any advertising material, information, links, content, banners, and graphics on the Websites. The Websites reserves the right to accept or to reject any advertising sponsor or any advertising for any reason

LICENSE DISCLAIMER

Nothing on any of the Website’s/website shall be construed as conferring any license under any of the Websites or any third party's intellectual property rights, whether by estoppel, implication, or otherwise.

These Websites, including mobile application, is an online marketplace and an Intermediary in terms of Information Technology Act, 2000 (as amended from time to time), which provides a platform to users to avail the Services. Any information provided either through or at Website is only for information purpose and such information does not substitute any specific advice whether investment, legal, taxation or otherwise and are not intended to provide you with any nature of certification, guarantee or warranty. The Websites are not responsible and cannot be held liable for any transaction between the Website’s Users.

By accessing, browsing and using this Website or availing Services, You agree and acknowledge that, you understand this limited and restricted use and accessing, browsing or using this Website or availing any Services is out of your own free will, discretion and responsibility.

The Websites reserves its right to modify, suspend, cancel or discontinue any or all sections, or Services at any time without any notice. The Websites reserves the right to make modifications and alterations in the information contained on the Website without notice. You agree that the Websites shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website.

You expressly agree that any information provided on the Website shall be used by you at your risk. You are advised to hereby make proper enquiries and use the information provided on the Website.

From time to time the Websites may supplement its Terms of Use with additional terms pertaining to specific content and Your usage of mobile app may further require you to abide by the additional terms of third party e.g. Play Store etc. before download and installing the mobile app. These terms are collectively referred as (“Additional Terms”). Such Additional Terms are hereby incorporated by reference into these Terms of Use.

LOCAL LAWS

The Websites controls and operates this Website from its headquarters in Ashram, Delhi, India and makes no representation that the materials on the website are appropriate or available for use in other locations. If you use this Website from other locations, you are responsible for compliance with applicable local laws including but not limited to the export and import regulations of other countries. Unless otherwise explicitly stated, all marketing or promotional materials found on this Website are solely directed to individuals, companies or other entities located in India and comply with the laws prevailing for the time being in force in India. Disputes if any shall be subject to the exclusive jurisdiction of Courts at Delhi.

LIMITATION OF LIABILITY

You expressly understand and agree that the Websites and its subsidiaries, affiliates, officers, employees, agents, partners and licensors shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the Websites has been advised of the possibility of such damages), resulting from use of the site, content or any related services.

If, despite the limitation above, the Websites or its Affiliates are found liable for any loss or damage which arises out of or in any way connected with any of the occurrences described above, then the liability of the Websites and/or Its Affiliates will in no event exceed, in the aggregate, the greater of (a) the service fees you paid to the Websites in connection with such transaction(s) on this Site, or (b) Rupees One Hundred only (INR 100) The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. The limitations of liability provided in these terms inure to the benefit of the Websites, its affiliates, and/or their respective service providers.

INDEMNITY

You agree to indemnify and hold the Websites (and its officers, directors, agents, subsidiaries, joint ventures, and employees) harmless from any and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature, including reasonable attorneys' fees, or arising out of or related to your breach of this ToU, your violation of any law or the rights of a third party, or your use of the Site.

ELECTRONIC COMMUNICATION

When you use the Site or send emails to the Websites, you are communicating with the Websites electronically. You consent to receive communications from the Websites electronically. The Websites may communicate with you by email or by posting notices on the Site or by phone or usually available means of communication. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

LINKS

The Site or third parties may provide links to other World Wide Web sites or resources. Because Websites has no control over such sites and resources, you acknowledge and agree that Websites is not responsible for the availability of such external sites or resources, and 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 Websites 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.

MODIFICATION AND NOTIFICATION OF CHANGES

The Websites reserves the right to make changes to the Site, related policies and agreements, this ToU and the Privacy Policy at any time. If the Websites makes a material modification to this ToU, it may notify you by: (i) displaying a prominent announcement above the text of this ToU or the Privacy Policy, as appropriate, for thirty (30) days, being deemed sufficient notification, of such changes. After notice of a modification to the ToU or the Privacy Policy has been posted for 30 days, the notice will be removed. If you have not used the Site for more than 30 days, you should check the ToU and/or Privacy Policy prior to any further use of the Site. Should you wish to terminate your account due to a modification to the TOU or the Privacy Policy, you may do so by sending an email with the subject line "Termination" to the following email address: [[email protected]]. If you choose to continue using the Site, you agree that by doing so you will be deemed to accept the new ToU or Privacy Policy, as relevant.

TRADEMARKS

The trademarks, logos and service marks ("Marks") displayed on the Site are the property/licensed to use only by the Websites/its parent company and other associated parties and service providers. Users are prohibited from using any Marks for any purpose including, but not limited to use as metatags on other pages or sites on the World Wide Web without the written permission of the Websites or such third party which may own the Marks. All information and content including any software programs available on or through the Site ("Content") is protected by copyright. Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through the Site for commercial or public purposes.

SURVIVABILITY

Notwithstanding any other provisions of this ToU, or any general legal principles to the contrary, any provision of this ToU that imposes or contemplates continuing obligations on a party will survive the expiration or termination of this ToU.

GENERAL

If any of these conditions are deemed invalid, void, or for any reason unenforceable, the parties agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the unenforceable condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. Headings are for reference purposes only and do not limit the scope or extent of such section. This ToU and the relationship between you and the Websites will be governed by the laws of the India without regard to its conflict of law provisions. You and the Websites agree to submit to the personal jurisdiction of the courts located in Delhi jurisdiction with respect to any legal proceedings that may arise in connection with this ToU. The failure of the Websites to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. The Websites do not guarantee it will take action against all breaches of this ToU.

Except as otherwise expressly provided in this ToU, there shall be no third-party beneficiaries to this ToU. This ToU constitutes the entire agreement between you and the Websites and governs your use of the Site, superseding any prior agreements between you and the Websites with respect to the Site.

The Websites intends to provide clear and unbiased information about insurance products and services. The information and data are generic in nature. Our efforts are to offer unbiased, accurate and responsible data to the best of our ability. We are however, in no manner or form responsible for any discrepancies in the data published on our website.

There is no intention or purpose of violating any intellectual property or ancillary rights. All information provided on the portal of the Websites is subject to its discretion and is likely to change without any notice. Though, any changes in public utility will be communicated on our portal.

Although we have tried to maintain high standards in quality, clarity and accuracy of the material posted on the portal. The Websites are not legally responsible for the same in any manner what so ever.

Employees, partners and associated staff of the Websites are not accountable for any loss, harm or damage that occurs or may occur or arise from the usage of information from the portal. Customers are advised to use their own discretion in such matters.

It is important to understand that insurance is a subject matter of solicitation and market risks. It is the responsibility of the customer to understand the limitations of insurance policies and the risks involved, and under no circumstance, form or manner, do we take any liability in such cases. We also recommend you to please read the subject and offer documents carefully. The information provided on the portal is for financial and insurance purposes.

It is a mutual understanding between us and the customers that their association with the portal will be at the customer's sole discretion and risk. Visitors to this website/portal and every third party is hereby informed that the owners of this website/portal, viz., the Company, are not the agents, corporate agents, related party or intermediaries of the insurers, whose products are dealt with in this website/portal. They are also not the sub-agents or sub-intermediaries of the agents and intermediaries of the respective insurers. Though the best endeavors are made to make correct policy/product comparisons, quotes, features, etc., based on the information provided by the insurers, it is made abundantly clear that the Company, its directors, shareholders, officers and employees and Policybazaar.com are in no way responsible to or liable for any one for his/her investment decision, and every prospect/ investor/policyholder shall be solely responsible for the consequences of his/her decision.