Terms and conditions of use of website;
- These Terms and Conditions, in so far as they refer to the User, form the contract and agreement between such User and Bajaj Capital Limited unconditionally. By accessing the Web Site, the User acknowledges and accepts these Terms and Conditions.
Deemed use of the website
- The Web Site is deemed to be in use when it is loaded in temporary or permanent memory of your computer.
- Bajaj Capital Limited provides information in this website about content, tools and resources to put people on the way of Health, Wealth & Longevity. The availability of the information and guidance as part of the Web Site does not constitute a recommendation by Bajaj Capital Limited or any of its personnel or any Doctor/Medical Practitioner. It is the sole responsibility of the User to evaluate the completeness, accuracy or usefulness of any opinion, guidance or other content made available on the Web Site.
Restrictions in use
- The User agrees to use the Web Site strictly for personal use. The User undertakes not to use this Web Site for any illegal purpose or in any manner inconsistent with these Terms and Conditions. The User agrees not to use, transfer, distribute or dispose of any information contained in the Web Site in any manner that could compete with Bajaj Capital Limited or otherwise compromise or imperil the interests of Bajaj Capital Limited . The User acknowledges that the Web Site has been developed, compiled, prepared, revised, selected and arranged by Bajaj Capital Limited and others (including certain other information sources) through the application of methods and standards of judgement developed and applied through the expenditure of substantial time, effort and money and constitutes valuable intellectual property and may also include trade secrets of and such other Bajaj Capital Limited s. User agrees to protect the proprietary rights of Bajaj Capital Limited and all others having rights in the Web Site or its content during and after the term of this agreement and to comply with all reasonable written requests made by Bajaj Capital Limited or its suppliers of content or otherwise to protect their and others’ contractual, statutory and common law rights in the Web Site. The User agrees to notify Bajaj Capital Limited in writing promptly upon becoming aware of any unauthorized access or use of the Web Site by any party/person or of any claim that the Web Site infringes upon any copyright, trademark or other contractual, statutory or common law rights. The User may download and retrieve data from the Web Site on his/her computer screen, print individual pages on paper, photocopy and store such pages in an electronic form on disk (but not on any server or other storage device connected to a network) for his/her/its exclusive personal use only. The User further acknowledges that all the intellectual property in the Web Site continues to vest with Bajaj Capital Limited .
The User shall not
- Reverse engineer, decompile, disassemble, copy, reproduce, distribute, modify, transmit, perform, reproduce, publish or create derivative works from or in any way exploit any of the services or content in violation of the Terms and Conditions or the laws of any country.
- Create a database in electronic or structured manual form by systematically downloading and storing all or any part of the Web Site, save and except such information as relates to the Policy, if you are a Customer.
- Rent, lease, sell, sublicense, or lend your access to the Web Site.
- Cache or permit caching by any person.
- Do any act that violates the Service Provider’s intellectual property in the Web Site.
- Engage in any fraudulent, abusive or illegal activity, including but not limited to any communication or solicitation designed or intended to fraudulently obtain the password or any private information of any use.
- Use the Web Site to violate the security of any computer network, crack pass words or security encryption codes, transfer or store illegal material including threatening or obscene material or engage in any kind of illegal activity.
- Run mail list or any form of auto-responder, or spam on the Web Site or any processes that are run or are activated while the User is not logged on.
Although Bajaj Capital Limited may, from time to time, monitor or review any facilities, if established or otherwise offered at the Web Site for discussions, chats, postings, transmissions, bulletin boards, and the like on the Website, Bajaj Capital Limited is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information contained within such locations on the Web Site. The User is prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. Bajaj Capital Limited will fully cooperate with any law enforcement authorities or court order requesting or directing Bajaj Capital Limited to disclose the identity of anyone posting any such information or materials.
- Bajaj Capital Limited reserves the right to deny to any User, at Bajaj Capital Limited ‘s sole discretion, access to the Web Site, including any portion thereof, without any prior notice.
- Bajaj Capital Limited grants you the right to access this Web Site in accordance with these Terms and Conditions, for personal use and for no other purpose. Please note that the information, services and content on the Web Site, including but not limited to text, content, photographs, video, audio and graphics, are either the property of, or used with permission by, Bajaj Capital Limited and/or by Bajaj Capital Limited s suppliers and may be protected by applicable copyrights, trademarks, service marks, international treaties and/or other proprietary rights and laws of India and other countries. The trademarks, logos, slogans and service marks (collectively the “Trademarks”) displayed on the Web Site, may or may not be registered Trademarks of Bajaj Capital Limited and others. Nothing contained on the Web Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Web Site without the prior written permission of Bajaj Capital Limited or such third party that may own the Trademarks displayed on the Web Site. Any misuse of the Trademarks displayed on the Web Site, or any other content on the Web Site, except as provided in these Terms and Conditions, is strictly prohibited. The User is also advised that Bajaj Capital Limited will aggressively enforce and protect its intellectual property rights to the fullest extent as permitted by law, including the seeking of criminal prosecution. Bajaj Capital Limited shall be entitled to obtain equitable relief (including all damage, direct, indirect, consequential and exemplary), over and above all other remedies available to Bajaj Capital Limited , to protect its interests therein.
Links to third party websites
The User agrees, at User’s own expense, to indemnify, defend and hold harmless Bajaj Capital Limited , its directors and employees, representatives, suppliers and advisors, against any claim, suit, action or other proceeding brought against Bajaj Capital Limited, its directors and employees, representatives, suppliers and as by a third party, to the extent that such claim, suit, action or other proceeding brought against Bajaj Capital Limited , its directors and employees, representatives, suppliers and advisors is based on or arises in connection with the use of this Web Site, or any links therein, including, but not limited to:
- The use by the User or someone else’s use of the User’s access to the Web Site.
- The User’s use/operation or someone using/operating or conducting any transactions, through the access of the User where applicable.
- A violation of the terms and conditions contained herein by the User or anyone using his/her or any other computer.
- A claim that any use of the Web Site by User or someone using User’s computer infringes any Intellectual Property Right of any third party, or any right of personality or publicity, is libelous or defamatory, or otherwise results in injury or damage to any third party
- Any deletions, additions, insertions or alterations to, or any unauthorized use of, the Web Site by the User or someone using User’s computer
- Any misrepresentation or breach of representation or warranty contained herein made by the User or
- Any breach of any covenant or agreement to be performed by the User hereunder.
The User agrees to pay any and all costs, damages and expenses, including, but not limited to, reasonable advocates’ fees and costs awarded against or otherwise incurred by or in connection with or arising from any such claim, suit, action or proceeding attributable to any such claim.
Limitation of Liability
- Under no circumstances, including but not limited to negligence, shall Bajaj Capital Limited , its employees and directors, its suppliers and its third party advisors be liable to the User for any direct, indirect, incidental, special or consequential damages or any damages whatsoever including punitive or exemplary (including, but not limited to, damages caused by any virus, personal injury, loss of profits, data or other intangible, business interruption, loss of privacy, or any other pecuniary loss), arising out of or in any way connected with the use/delivery/performance of this Web Site, with the delay or inability to use this Web Site or any links or items on the Web Site, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through this Web Site, or otherwise arising out of the use of this Web Site, whether based on contract, tort, strict liability or otherwise, or for cost of procurement of substitute goods and repair & correction services or resulting from the use of this Web Site or obtained or messages received or transactions entered into through or from the Web Site or resulting from unauthorized access to or alteration of User’s transmissions or data, even if Bajaj Capital Limited, its employees and directors, its suppliers and its third party advisors have been advised of the possibility of such damages.
- The User agrees that Bajaj Capital Limited shall not be liable for any damages arising from interruption, suspension or termination of the Web Site, including but not limited to direct, indirect, incidental, special, consequential or exemplary damages, whether such interruption, suspension or termination was justified or not, negligent or intentional, inadvertent or advertent. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages. However, in no event shall Bajaj Capital Limited ‘s liability to the User for all damages, losses and causes of action (whether in contract or tort, including but not limited to, negligence) exceed the amount paid by the User, if any, for accessing the Web Site.
Modification of these Terms and Conditions
- Bajaj Capital Limited has the absolute discretion to amend or supplement any of these Terms at any time, without notice. The modifications to the Terms shall be displayed on the Web Site. In case where the User no longer wishes to use the Web Site on such new terms and conditions he/she/it is entitled to terminate his/her/its relationship in accordance with the termination clause in these Terms. On and from the date on which the amendment or supplement is notified by display on the Web Site, the User shall, by virtue of these Terms and without any further act, deed or writing on the part of any party, be deemed to have accepted the changed terms and conditions by his/her/its further use/access or visit to the Web Site.
- If at any time any provision hereof is or becomes or is held to be illegal, invalid or unenforceable in any respect, the legality, validity or enforceability of the remaining provisions hereof shall in no way be affected or impaired thereby.
- Notices under these Terms may be given by Bajaj Capital Limited and the User in writing by delivering them by hand or by sending them by post/e-mail to the last address given by the User and in the case of Bajaj Capital Limited to the address mentioned on the Web Site.
- In addition, Bajaj Capital Limited may also publish notices of general nature, which are applicable to all Users in a newspaper or on its Web Site. Such notices will have the same effect as a notice served individually to each User.
- In the case of hand delivery, cable, telex, facsimile notices or electronic communication notices or instructions will be deemed served 7 days after posting or upon receipt as the case may be. Documents, which may be sent by electronic communication between the parties, may be in the form of an electronic mail, an electronic mail attachment, or in the form of an available download from the Web Site. Bajaj Capital Limited shall be deemed to have fulfilled any legal obligation to deliver to the User, if any such document is sent via electronic delivery. Any in
- The validity, construction and performance of this Agreement shall be governed by and interpreted in accordance with the laws of the Republic of India.
- Bajaj Capital Limited accepts no liability whatsoever, direct or indirect for non-compliance with the laws of any country other than that of India. The mere fact that the Web Site can be accessed by a User in a country other than India would not mean that the laws of the said country would govern these Terms and/or the Web Site operations of the User and/or the use of the Web Site by the User.
- The services available on the Web Site are being offered to Residents of India only. Provided however, that such services are not available to foreign residents including non-resident Indians (“NRI’s”) in foreign jurisdictions where the services cannot be offered without prior regulatory compliance. It shall be the sole responsibility of foreign residents including NRIs in foreign jurisdictions to verify whether the services available on the Web Site can be accessed and utilised in their respective jurisdictions.
- However, NRI’s can utilize the services available on the Web Site for the insurance requirements of the Residents in India as well as their insurance requirements arising in India, subject to applicable laws.
- The services which are part of the Web Site do not constitute an offer to sell or a solicitation of an offer to buy any policies/products to any person in any jurisdiction where it is unlawful to make such an offer or solicitation.