Term of Services
Term of Services
Aapka Policywala Insurance Broking Services Private Limited (also referred to as Aapka Policywala, We, Us, or Our) welcomes you to our website – www.aapkapolicywala.com accessible through various internet-enabled smart devices. We are a licensed insurance broking company holding a broking license from the Insurance Regulatory and Development Authority of India (IRDAI), Ref: ISNP-IRDAI/ISNP/DB/0933, dated June 24th, 2024.
Through our platform, we offer access and choice to people to buy insurance products from various insurance companies. That too along with related services and any additional offerings that complement and support these services.
Note: Aapka Policywala is not an insurance company but acts as a licensed intermediary between you and insurance providers.
The following terms of use (Terms) constitute a legally binding electronic record. Your use of our platform signifies your acceptance of these terms. This agreement is formed in accordance with the following regulations issued by IRDAI:
– Insurance e-commerce vide Circular No. IRDA/INT/GDL/ECM/055/03/2017 dated 09th March, 2017
– IRDAI’s Guidelines on Information and Cyber Security vide Circular No. IRDAI/GA&HR/GDL/MISC/88/04/2023 dated 24th April, 2023
No physical, electronic, or digital signature is required to form this agreement.
1 Governing Document
1.1 Ownership and Applicability
This Platform is owned and operated by Aapka Policywala Insurance Broking Services Private Limited, a company incorporated under the Companies Act, 2013 (hereinafter referred to as we or us). These Terms of Use govern the terms on which we offer access to the Platform and its Services to users. These users can be either guests or registered users (hereinafter referred to as you, your, or yourself).
1.2 Changes to Terms
We reserve the right to modify these Terms of Use at any time without prior written notice. It’s your responsibility to review the Terms of Use periodically for updates. Your continued use of the Platform following the posting of changes signifies your acceptance of the revisions. We grant you a non-exclusive, non-transferable, limited right to access and use the Platform as long as you comply with these Terms.
2 Acknowledgment and Acceptance
2.1 Entire Agreement
These Terms of Use, along with the following documents and policies (collectively referred to as the Agreement), constitute the entire agreement between you and Aapka Policywala:
– Privacy Policy
– Grievance Redressal Policy
– Fraud Detection Policy
– Shipping Policy
– Cancellation and Refund Policy
– Disclaimer
– Fraud Identification Policy
These documents are available either on the Platform or through separate agreements you may enter into with Aapka Policywala.
2.2 Additional Terms
Any additional documents, policies, or terms imposed by mobile application stores like Apple’s iTunes or Android’s (“Additional Terms”) are also considered part of this Agreement by reference.
2.3 Your Agreement
By using the Platform (defined below), you acknowledge and agree that your usage is subject to the terms and conditions of this Agreement.
2.4 Read Carefully
Please carefully review these Terms of Use before using, registering on, or accessing any material, information, or services offered on the Platform. If you disagree with these Terms, please refrain from using the Platform.
3 Important
3.1 Acceptance of Terms
Accessing, browsing, or using our website and services simply means you acknowledge and agree to the limitations of this Agreement. It also means you understand that your use is voluntary and at your own risk.
3.2 Modification and Discontinuation
Aapka Policywala has the right to modify, suspend, cancel, or discontinue any part of our platform at any time without notice. The same is true for our services. Keep in mind that we will not be liable to you or any third party for any such modification, suspension, or discontinuation.
3.3 Release and Indemnity
You agree to release and indemnify Aapka Policywala and its officers and representatives from any cost, damage, liability, or other consequence arising from the actions of users on the Platform. You specifically waive any claims you may have under applicable law in this regard. You also acknowledge and agree that by interacting with us through the Platform, sending data/emails/messages, or communicating electronically, you are consenting to receive electronic communications from us periodically and as needed.
4 Eligibility
4.1 Minimum Age
To use the Platform and access its Services, you must be of legal age in India (18 years or older) and capable of forming a binding contract under the Indian Contract Act, 1872 (as amended) or any other applicable law.
4.2 Restrictions
Our Platform and Services are not available to anyone who is considered legally incompetent to enter into a contract, such as minors, individuals of unsound mind, or undischarged insolvents. If you are under 18 or otherwise lack legal capacity, you must use the Platform and its Services under the supervision of a parent, legal guardian, or responsible adult.
4.3 Right to Restrict Access
We reserve the right, without explanation, to restrict or terminate your access to the Platform and its Services. This applies to any situation where your access or use violates these Terms, the Agreement, or any applicable law. This right is in addition to any other remedies available to us.
5 Services
5.1 Information and Access
Aapka Policywala provides users access to information about various insurance products and services. This includes general insurance, health insurance, life insurance, and related services (such as renewals). This information is intended to assist people who are interested in our services and want to explore options before making a purchase decision.
5.2 User Responsibility
Any user who chooses to avail of services after visiting our website does so entirely at their own discretion, risk, and responsibility. Aapka Policywala does not make recommendations or offer any warranties (implied or expressed), guarantees, or assurances regarding the quality, functionality, or fitness for a particular purpose of any insurance product or service.
5.3 Informational Purpose
You acknowledge and agree that the details available on the Aapka Policywala’s platform are for informational purposes only.
5.4 Documentation Completion
When you avail of any services after visiting the platform, you are solely responsible for completing all required documentation according to applicable laws. Aapka Policywala will not be responsible for any consequences arising from incomplete or improper documentation. This includes transaction cancellation.
5.5 Vehicle Verification
You hereby grant Aapka Policywala unconditional and unequivocal consent to use your vehicle registration number or other submitted vehicle details to retrieve information related to your motor vehicle or confirm/verify respective vehicle details from government or third-party websites and applications through technological solutions or any other method, either itself or through third-party service providers, while acting on your behalf to facilitate transactions on the platform.
5.6 Additional Services
Aapka Policywala is not obligated to provide any additional services beyond those listed on the Platform.
5.7 Prohibited Activity
Aapka Policywala strongly advises against testing the website with false purchase requests. As this may put you at significant legal risk. Using false names or other personal information to buy insurance is a crime. Wilfully entering erroneous or fictitious purchase requests may result in prosecution by our company and/or the seller.
Please be aware that even if you do not provide your real name, your web browser transmits a unique address to us, which can be used by law enforcement to identify you.
5.8 Service Changes
Aapka Policywala reserves the sole discretion to add, provide, remove, suspend, or cancel any or all services/products listed on the Platform without prior notice or liability.
6 Your Account and Login Options
6.1 Guest and Registered Users
You can access the Platform and some information as a guest user without registering. However, certain features and information are only available to registered users who create an account by providing details such as name, contact information, and email address. Your Information basically.
6.2 Account Creation
Once you register on the Platform using your mobile number for OTP authentication, Aapka Policywala sets up a unique account for you (your account). Subject to your compliance with account creation guidelines and applicable laws, Aapka Policywala recognizes you as a Registered User. Thus, allowing you to log in to your Account and access Services.
6.3 Account Responsibility
If you use or access our platform or services as a registered user, you acknowledge and agree that you are solely responsible for maintaining the confidentiality of your account details and not disclosing them to anyone else. Any activity occurring under your account will be your responsibility.
6.4 Accurate Information
You agree to provide truthful, accurate, complete, and current information when registering and creating your account. You are prohibited from using the details of any other person or another user’s account.
Aapka Policywala may suspend/delete your Account or restrict/deny access to our website if your Information is found to be untrue, inaccurate, outdated, or belongs to another user.
6.5 Privacy Policy
You agree that the collection, storage, sharing, or disclosure of your Information provided as a guest user, Registered User, or otherwise is governed by Aapka Policywala’s Privacy Policy, incorporated herein by reference.
6.6 Unauthorised Use
You expressly understand and agree that to the maximum extent permitted by applicable law, Aapka Policywala will not be liable for any loss you may incur due to unauthorized use of your account or account information in connection with our website, with or without your knowledge.
7 User Content
7.1 Originator and Responsibility
You are the sole originator and responsible for any information or material you make available through the platform. While Aapka Policywala does not pre-screen user content, we reserve the right (but not the obligation) to accept, refuse, move, or remove any user content that is available on our website at our sole discretion.
7.2 Compliance with Law
If user content violates or infringes any patent, trademark, trade secret, copyright, or any other proprietary or privacy right of a third party, or breaches any applicable law, Aapka Policywala may, at its sole discretion, remove or disable access to it or any part thereof, without prior notice to you.
7.3 Assignment of User Content
You hereby grant Aapka Policywala a perpetual, non-revocable, worldwide, royalty-free, and sub-licensable right and license to use, copy, distribute, display, publish, transmit, make available, reproduce, modify, adapt the User Content, and create derivative works of the User Content.
You represent and warrant that you own or otherwise control all rights to the User Content that you post or provide on or through the platform; and that, as of the date the User Content is posted or submitted on the platform:
– User content is accurate;
– Use of the user content does not violate these terms of use
– User content is lawful.
7.4 Non-Confidentiality of Feedback
Sharing any feedback or posting any comment (including user content) on the Platform is considered non-confidential. Aapka Policywala is free to use any such feedback or user content and you represent that:
– Your feedback does not contain confidential or proprietary information of you or third parties
– We are not under any obligation of confidentiality, express or implied, concerning the feedback-
– We may have something similar to the feedback already under consideration or in development
– You are not entitled to any compensation or reimbursement of any kind from Aapka Policywala for the feedback under any circumstances.
8 User’s Obligations
8.1 Permissions and Restrictions
In accordance with these Terms and all applicable laws and regulations, Aapka Policywala grants you a restricted, non-exclusive, non-transferable, and revocable license to access and use the platform and its Services. This permission is for your own personal, non-commercial use only.
8.2 Responsible Use
By using the platform, you acknowledge and agree to be bound by these Terms and the following principles:
– Authorized Access Only: You may only access and use the platform and Services through the designated interfaces provided by Aapka Policywala.
– Prohibited User Content: You agree not to upload, post, share, or transmit any User Content that:
â—‹ Belongs to someone else and you don’t have permission to use.
â—‹ Is harmful, harassing, offensive, obscene, or illegal.
â—‹ Exploits, abuses, or endangers children.
â—‹ Violates any laws or regulations.
â—‹ Deceives or misleads others about the origin of information.
â—‹ Impersonates another person or entity.
â—‹ Contains viruses or malicious code designed to harm the platform.
â—‹ Threatens national security or public order.
â—‹ Is misleading or promotes illegal activities such as money laundering or gambling.
â—‹ Interferes with other users’ enjoyment of the platform.
â—‹ Links to websites containing inappropriate content as determined by Aapka Policywala in its sole discretion.
– Prohibited Activities: You agree not to engage in any activity that disrupts access to the platform or Services, such as sending spam emails.
– Unauthorized Access: You may not attempt to gain unauthorized access to other user accounts, platform features, computer systems or servers connected to the platform, or breach any security measures.
– Security: You may not probe, scan, or test the platform’s vulnerability for weaknesses. You also agree not to disrupt, interfere with, or breach the platform’s security features.
– Privacy: You may not attempt to uncover the identity of other users or access information beyond what is intended to be available through the platform.
– Reputation: You agree to refrain from making negative, disparaging, or defamatory statements about Aapka Policywala or its brand.
9 Auditing and Information Sharing
9.1 Right to Review Content
Aapka Policywala reserves the right, but not the obligation, to review all Content, User Content, Features, and other materials you post or upload on the platform. This includes the ability to remove, edit, or block any content that, in Aapka Policywala’s sole judgment, violates any law, these Terms, or the privacy of others.
9.2 Cooperation with Law Enforcement
Aapka Policywala may share information about your use of the platform, with or without your request, to law enforcement agencies. This information sharing may be necessary for verifying your identity, preventing or detecting crimes, or conducting investigations.
9.3 Definition of Content
“Content” refers to any information, data, text, photographs, graphics, videos, messages, materials, forms, documents, or other information you may access or download through the platform.
9.4 Definition of Features
“Features” are any interactive elements, value-added services, or other functionalities offered on the platform.
10 Third-Party Service Providers
Aapka Policywala works with third-party service providers to improve the platform and Services, and to understand user activity. You authorize us and these third-party service providers to collect, use, store, analyze, reproduce, publish, and adapt information related to your use of the platform.
This data is used to improve your experience and the overall platform functionality. These data practices may be subject to additional terms set by Aapka Policywala or third-party service providers.
11 Payment Information
11.1 Free Access
Accessing the Platform is free. Both registered users and guests can browse information, products, and access Services without charge.
11.2 Premium Services
Please note that Aapka Policywala may assist in collecting premiums on behalf of insurance companies whose products you choose to buy. The final acceptance of your premium and policy issuance is subject to the underwriting guidelines and discretion of the respective insurance company.
12 License and Platform Access
12.1 Limited Permission
Upon your compliance with all applicable laws, rules, and these Terms, Aapka Policywala grants you a limited, non-exclusive, non-sublicensable, non-transferable, and revocable license to access and use the Platform and its Services. This permission is subject to the following conditions:
– Restrictions on Use: You may not use the Platform or its Content for any commercial purposes, including resale or creating derivative works.
– Prohibited Activities: You and any associated individuals or entities may not:
1. Sell, lease, license, email, reproduce, duplicate, copy, resell, republish, transmit, or distribute Platform Content for commercial purposes.
2. Reproduce or incorporate Platform Content into any website or information retrieval system.
3. Restrict or inhibit other users from using the Platform.
4. Frame or utilize framing techniques to enclose any Aapka Policywala trademarks, logos, or other proprietary information without written consent.
5. Use, download, or install Platform software unless expressly permitted by these Terms or written consent from Aapka Policywala.
12.2 Information and Modifications
Aapka Policywala makes every effort to provide accurate information on the Platform. However, we do not guarantee the accuracy of such information and reserve the right to modify, suspend, cancel, or discontinue any or all sections or services at any time without notice.
This includes the right to update pricing, descriptions, and other information without notice. You agree that Aapka Policywala will not be liable for any modifications, suspensions, or discontinuances of the platform
13 Intellectual Property
13.1 Copyright and Trademarks
The Platform itself, all Content, and other works on the Platform are copyrighted by Aapka Policywala or its licensors. Any unauthorized alteration of the Platform or its materials for commercial use is a violation of copyright.
Our website may also contain trademarks, logos, or service marks (“Marks”) owned by Aapka Policywala or third parties. You may not use these Marks without written permission from Aapka Policywala or the respective third-party owner.
13.2 Ownership of Content
By using the Platform or Services, you acknowledge that you are not granted any ownership rights (express or implied) to the Content. Aapka Policywala reserves the right to change or modify the Content at any time without notice.
13.3 Restrictions on Use
You are prohibited from copying, reproducing, republishing, uploading, posting, transmitting, or distributing any Content available on the Platform without prior written permission from Aapka Policywala or its licensors. Aapka Policywala disclaims all responsibility and liability for any damages caused by downloading platform data.
13.4 Infringement
Any use of the Platform, Content, Marks, or other intellectual property rights of Aapka Policywala in violation of these Terms or applicable law constitutes intellectual property infringement. Aapka Policywala or the relevant third party may take appropriate legal action against you for such infringement.
13.5 Ownership Rights
Unless otherwise stated or for any proprietary material owned by a third party, Aapka Policywala owns all intellectual property rights to the Platform and the trademark “Aapka Policywala,” including copyrights, related rights, patents, designs, know-how, trade secrets, inventions (patent pending), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks.
13.6 Reservation of Rights
All rights not expressly granted to you under these Terms are reserved by Aapka Policywala.
14 Indemnification
14.1 User Responsibility
You agree to indemnify, defend, and hold harmless Aapka Policywala and its directors, officers, employees, and contractors from any and all losses. And not just that but also liabilities, claims, suits, proceedings, penalties, interests, damages, demands, costs, and expenses (including legal fees). Arising out of or related to:
– Your breach of these Terms.
– Any third-party claim arising from your use of the Platform.
– Any claim that your User Content or information damages a third party.
– Your violation of any other party’s rights, including intellectual property rights.
14.2 Cooperation in Defense
Aapka Policywala may notify you of any claims for which you are obligated to indemnify them. You will then be required to consult with Aapka Policywala regarding the defense of such a claim. You may not settle any claim or admit any liability on our behalf without their prior written consent.
15 Disclaimer of Warranties and Liability
15.1 No Warranties
The Platform, Content, Services, and all related information are provided to you “as is” and without warranties of any kind, express, implied, statutory, or otherwise. This includes, but is not limited to, warranties of title, non-infringement, merchantability, or fitness for a particular purpose.
15.2 Use at Your Own Risk
By using the Platform or its Services, you acknowledge and accept the following risks:
– Platform or services may experience delays, omissions, interruptions, inaccuracies, or other problems.
– Our website or services may not meet your specific needs or operate uninterrupted, timely, securely, or error-free.
– Results you obtain from using the Platform or Services may not be effective, accurate, or reliable.
– Platform or services may not meet your expectations.
– Errors or defects in the Platform or Services may not be corrected.
– Our website may not be continuously available or free from viruses or other harmful components.
Aapka Policywala disclaims all responsibility for any advice or information obtained through the Platform, Content, or Services. This disclaimer applies to any advice or information, whether written or oral.
15.3 Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, Aapka Policywala disclaims all warranties and liabilities, express or implied, related to the Platform, Content, User Content, Services, intellectual property rights, libel, privacy, publicity, obscenity, or other laws. Aapka Policywala also disclaims all liability for the misuse, loss, modification, or unavailability of any User Content.
15.4 Limitation of Damages
UNDER NO CIRCUMSTANCES WILL Aapka Policywala or its respective officers, directors, or employees be liable for any special, incidental, indirect, consequential, exemplary, or punitive damages arising from your use of the Platform, Services, Content, or User Content. This includes damages for loss of use, data, or profits, regardless of foreseeability or whether Aapka Policywala has been advised of the possibility of such damages.
This applies to any theory of liability, including breach of contract, warranty, negligence, or other tortious actions, or any other claims arising from or related to your use of the Platform.
15.5 Third-Party Service Providers
If you download the Platform from a third-party service provider (e.g., Google Play Store, Apple App Store), neither Aapka Policywala nor the third-party provider is liable for any errors or failures of the Platform. You are responsible for following the download/installation rules and guidelines set by the third-party service provider.
15.6 Maximum Liability
Aapka Policywala’s total liability to you under these Terms will not exceed the greater of one hundred Indian Rupees (INR 100) or the amount you paid to Aapka Policywala for the specific service or product in question.
16 Governing Law and Jurisdiction
These Terms of Use are governed by and construed in accordance with the laws of India. All disputes arising under these Terms between you and Aapka Policywala will be subject to the exclusive jurisdiction of the courts in Haryana, India.
17 Force Majeure
17.1 Limited Excusable Delays
Aapka Policywala will not be liable for any delays or failures in performing its obligations under these Terms if such delays or failures are caused by a Force Majeure Event. In such cases, Aapka Policywala will be excused from performance for the duration of the Force Majeure Event.
17.2 Definition of Force Majeure Event
A “Force Majeure Event” means any event beyond Aapka Policywala’s reasonable control, including but not limited to:
– Unavailability of communication systems
– Sabotage, fire, flood, earthquake, or explosion
– Acts of God (e.g., natural disasters)
– Civil commotion, pandemic, strikes, or lockouts
– Breakdown of transportation facilities
– Riots, insurrections, or hostilities (war declared or not)
– Government actions or restrictions
– Breakdown, hacking, or other malfunctions of the Platform or Services that prevent us from fulfilling its obligations under these Terms
– Any other cause or circumstance beyond our control that prevents timely performance