These terms and conditions/ terms of use (“TOU”) shall govern your
access and use of this website and other mobile applications
(“Platform”), owned and operated by Brixton Insurance Broker Pvt Ltd
(“Brixton Insurance Broker Pvt Ltd” or “Company”). Any reference to
“you” or “your” or “user” or “customer” (if applicable) refers to you
as a user of the Platform and/or the Services (defined below)
These TOU govern the access and use by you of the Platform and the
services, features, functionalities and / or resources available on
the Platform as described in greater detail hereinafter (the
“Services”) offered by the Company. By accessing and using the
Platform in anyway, including, without limitation, browsing the
website, using any information, using any content, any services, etc.,
available therein, you agree to and are bound by these TOU. If you do
not accept these TOU in full, please cease using the Platform
immediately.
The information, content and services contained in the Platform and
the TOU are subject to change and can be revised at any time at the
sole discretion of the Company without any prior notice. You are bound
by any such revisions, and therefore we advise you to review the TOU
every time you use the Platform and periodically to stay apprised of
any and all changes. If you do not agree to the provisions of the TOU,
you must not use the Platform. If you do not agree with any amendments
made by us to the TOU at any time in future, you must stop using the
Platform with immediate effect.
The Services available through the Platform is available only for or
through the persons who are eligible to enter into binding contract
under applicable laws. You warrant that you are not suffering from any
of disqualifications and/ or are legally barred to use the Platform by
any law/authority/agency/governmental body.
By accessing and using the Platform and the features, functionalities
and content, you acknowledge and agree that you have read and
understood the TOU and shall not claim invalidity of the TOU on any
ground.
Brixton Insurance Broker Pvt Ltd acknowledges and recognizes the importance of privacy of information. Therefore, you are referred to Brixton Insurance Broker Pvt Ltd’s privacy policy (“Privacy Policy”). Your continued access and use of the Platform is an affirmation that you have read the Privacy Policy, understood it, assent and consent to its terms and conditions, including subsequent changes and amendments. The Privacy Policy forms a part of this TOU. If you do not agree to any of the terms of the Privacy Policy, we advise you not to use or access the Platform.
The Company provides various Services through the Platform, including purchase and servicing of the insurance policies offered by one or more insurers. The Platform also allows you as a user to compare different insurance policies provided by different companies and also helps you to claim insurance amount. By visiting/ accessing/ using the Platform and accessing the information, resources, Services, products, and tools provided therein, either directly or indirectly (hereafter referred to as “Resources”), you agree to be fully bound by the terms of this TOU and the Privacy Policy. You further agree to use the Resources only for the purposes intended as permitted by the terms of this TOU, and/or applicable laws, regulations and generally accepted online practices or guidelines.
You understand that:
You may access and use Company Platform for lawful purposes and in
relation to the Resources provided therein only. The user of Company
Platform is responsible for adhering to any and all laws, rules, and
regulations that are applicable regardless of any previous knowledge
or lack of knowledge about such laws, rules or regulations. Brixton
Insurance Broker Pvt Ltd is not responsible for the content of any
information that is uploaded, posted or transmitted by you or other
third parties to Company Platform. Since Brixton Insurance Broker Pvt
Ltd need not always control the content of what is uploaded, posted,
or transmitted, it cannot guarantee the accuracy, integrity of
quality, or legality of such content. Anyone who registers or uses
Company Platform or any resources, including the Resources, located
therein does so at his or her own risk, and Brixton Insurance Broker
Pvt Ltd shall not be liable in any way for the content, or for any
loss or damage that may be incurred as a result of using any content
or information transmitted via Company Platform. Brixton Insurance
Broker Pvt Ltd’s rights and protections as stated in these TOU are
equally applicable to any internet service provider that it has
selected to host Company Platform or any related resources.
You agree that you will not use the Platform to:
You shall use its best effort to hinder and prevent piracy and hacking with respect to the Platform at your end. In the case of occurrence of any piracy and hacking with respect to the Services and the Platform, you shall inform us immediately.
We may provide various open communication tools on the Platform, such
as blog comments, posts, public chat, forums, message boards,
newsgroups, reviews, various social media services, etc. You
understand that we do not pre-screen content posted by users of these
various communication tools, which means that if you choose to use
these tools to submit any type of content on our Platform (“User
Generated Content”), then it is your personal responsibility to use
these tools in a responsible and ethical manner.
By posting information or otherwise using any open communication tools
as mentioned, you agree that you will not upload, post, share, or
otherwise distribute any content that upload, post, share, or
otherwise distribute any content that. (i) is illegal, threatening,
defamatory, abusive, harassing, degrading, intimidating, fraudulent,
deceptive, invasive, racist, or contains any type of suggestive,
inappropriate, or explicit language; (ii) infringes on any trademark,
patent, trade secret, copyright, or other proprietary rightof any
party; (iii) contains any type of unauthorized or unsolicited
advertising; and(iv) impersonates any person or entity, including any
employees or representatives of Brixton Insurance Broker Pvt Ltd.
We do not assume any liability for any User Generated Content posted
by you or any other third party users of the Platform.
We have the right at our sole discretion to remove any content that,
we feel in our judgment does not comply with this TOU, along with any
content that we feel is otherwise offensive, harmful, objectionable,
inaccurate, or violates any third party rights, including, copyrights
or trademarks. Any material, information or content that is uploaded
by you or is otherwise made available by you to Brixton Insurance
Broker Pvt Ltd is and remains your sole property or that of your
licensors. Upon uploading or making available of any material,
information or content by you, on behalf of yourself or your licensor,
you automatically grant Brixton Insurance Broker Pvt Ltd a perpetual,
royalty free, non- exclusive right and license to use, reproduce,
modify, publish, distribute, display, perform and transmit the
information or content through Brixton Insurance Broker Pvt Ltd. You
further warrant that all such materials do not infringe upon any
copyright, violate any property rights or contain scandalous,
libelous, or unlawful material. This section only refers and applies
to User Generated Content.
Your personal information, provided as part of our registration and/
or purchase process, is covered by the Privacy Policy.
In order to use some of the Resources, you may be required to create
an account (“Account”) and provide to the Company necessary
information, data, login id, passwords, usernames, PINs, email
address, mobile number, other log-in information, materials or other
contact information and content (collectively “Account Information”).
You are permitted to use the Services only after proper and valid
authentication, which will need to be done explicitly by you. When
creating an Account, you shall provide accurate and complete
information. In order for the Platform and Resources available therein
to function effectively, you must keep your Account Information up to
date and accurate. You are solely responsible for safeguarding your
authentication credentials and you agree not to disclose these
credentials to any third party. You agree to take sole responsibility
for any actions made using your Account, whether or not you have
authorized such actions. You agree and understand that you are
responsible for maintaining the confidentiality of your Account
Information. You shall immediately notify Company of any unauthorized
use of your Account. By providing the Company with your email address,
you agree to receive all required notices electronically, to the
e-mail address provided.
It is advised that you should change the password of your Account at
regular intervals. In addition to user ID and password Brixton
Insurance Broker Pvt Ltd may, at its discretion, require you to adopt
such other means of authentication including but not limited to
digital certification and / or smart cards and/or two factor
authentication like public or private keys, challenge questions etc.
You authorize the Company to call, send SMS and email or to contact
you by any other similar means on the contact information (made
available by you on the Platform either at the time of subscription,
making an inquiry, making an application for any of the Services
offered or otherwise), to offer you information about the Services you
may have opted for or that you may be interested in. You authorize us
to call, SMS or email or contact you by way of any other similar means
for the mentioned purpose.
We will also use your contact details information to: (i) send you
information about the Services offered by Company; (ii) contact you
through SMS and email for reminder notices, service request processing
for the Services opted by you; or (iii) keep you updated on the
Content through our newsletters.
In the event you do not wish to receive such information, you may
unsubscribe through the facility in the communications you receive or
by reaching out to us for the same.
All content and materials available on Company Platform, including but
not limited to text, graphics, website name, code, images and logos
are either the intellectual property of Brixton Insurance Broker Pvt
Ltd or under licensed use by Brixton Insurance Broker Pvt Ltd, and are
protected. Any inappropriate use, including but not limited to the
reproduction, distribution, display or transmission of any content on
this site is strictly prohibited, unless specifically authorized.
Nothing in the TOU is intended to, nor shall be construed to vest in,
transfer or to otherwise convey to you any right, title or interest in
the Platform or any intellectual property associated therewith.
The Parties agree that delivery, provision or performance of Services
pursuant to the TOU may result in discovery, creation or development
of copyright, designs, processes, methods, techniques, improvements,
strategies, or other original works of authorship and other
intellectual property rights and the user agrees and acknowledges that
all rights, title and interest in and to all such intellectual
property, upon the creation of the same, shall always fully and
absolutely vest in the Company.
The Company shall have the right to use your data and other
information to provide Services to you and to evaluate, update,
improve and upgrade the Platform and the Services and for analytics
and research purposes in accordance with applicable law.
By submitting ideas, suggestions, documents, and/or proposals (“Contributions”) to Company Platform through its suggestion or feedback webpages, you acknowledge and agree that:
You are solely responsible for the content of any postings you submit, and the Company assumes no responsibility or liability for any content submitted by you or any other user of the Platform. We reserve the right to remove the content you provide at any time, but you understand that we may preserve and access a backup-copy, and we may disclose the content if required to do so by applicable law or in a good faith belief that such access, preservation, or disclosure is required by applicable law or in the best interests of the Company.
Any content you submit is for non-commercial use only. Any content you submit will be routed through the internet and you understand and acknowledge that you have no expectation of privacy with regard to any content you submit. Never assume that you are anonymous and cannot be identified by your posts.
You agree to indemnify and hold Brixton Insurance Broker Pvt Ltd, its parent company, officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including penalty, reasonable attorney fees and court costs, made by any third party due to or arising out of content submitted by you, your use of the Platform or associated services, violation of the TOU and Privacy Policy, breach by the user of any of the representations and warranties herein.
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Platform, the Resources or associated services, use or access of the Platform, the Resources or any associated services
The Platform and the Resources may also include access to products and
services of independent third parties either directly or via links to
sites operated by such third parties. Where these products and
services of third parties form part of the Platform and the Resources,
we will endeavour, but are not obliged to, indicate that these
products and services are provided by third parties. In all cases,
your correspondence or business dealings with, or participation in
promotions of, other parties found on or through the Platform and the
Resources (including without limitation providers of products and
services, advertisers and other users of the Platform and the
Resources), including payment and delivery of related goods or
services, and any other terms, conditions, warranties or
representations associated with such dealings, are solely between you
and such third party, even where it is in relation to any products
services that are co-branded with us which may include our trademarks.
You agree that we shall not be responsible or liable in any way for
any loss or damage of any sort incurred as the result of any such
dealings with any third parties, as the result of the presence of such
third parties on the Platform and the Resources, or as the result of
the use of the Platform and the Resources in any way by such third
parties.
The Platform and the Resources may provide, or third parties may
provide, links to other world wide web or other online electronic
sites or resources. You acknowledge that Brixton Insurance Broker Pvt
Ltd has no control over such sites and resources, you acknowledge and
agree that Brixton Insurance Broker Pvt Ltd 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 Brixton Insurance
Broker Pvt Ltd shall not be responsible or liable, in any manner
whatsoever, 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.
When the Company receives transaction instructions from you through
the payment mode, the Company will be entitled to debit any payment
plus any charges payable for the transaction from the account you have
specified. The Company shall not be liable if any transaction does not
fructify or may not be completed or for any failure on part of the
bank or the credit card agency to perform any of its obligations.
The Company shall have no liability whatsoever in respect of any loss
or damage arising directly or indirectly out of the decline of
authorization for any transaction, on account of the cardholder having
exceeded the preset limit mutually agreed to by the cardholder with
the card issuing entity.
Evidence of transaction: In respect of any transactions which may be
permitted by the Company via its Platform from time to time, the
Company's own records of such transactions, maintained through
computer systems or otherwise, shall be accepted as conclusive
evidence and binding on you for all purposes. More particularly, the
record of the Company generated by the transaction(s), including the
recording of the time of the transaction(s), shall be conclusive proof
of the genuineness and accuracy of such transactions.
By using the Platform, you understand and agree that the Platform and the Resources provided are “as is” and “as available”. This means that we do not represent or warrant to you that:
Brixton Insurance Broker Pvt Ltd has no liability in relation to or
arising out of the Platform, including the information and
recommendations set out therein. You are responsible for the final
choice of your product. Please seek further advice from Brixton
Insurance Broker Pvt Ltd or the relevant participating companies
before choosing any product or service which you wish to avail, in
case you have any doubts or queries about the same. The Company
disclaims any financial liability whatsoever to any user on account of
the use of information provided on the Platform. The information
contained is neither intended nor implied to be a substitute for
professional advice.
Furthermore, Brixton Insurance Broker Pvt Ltd does not guarantee when
or if you will actually acquire the product that you have chosen and
does not accept any liability arising out of delay in you acquiring
the product. You acknowledge and accept that the final issuance of the
policy is subject to the underwriting norms and sole discretion of the
insurance company whose policy you have chosen to buy.
You expressly understand and agree that in no event Brixton Insurance
Broker Pvt Ltd or its contractors, agents, licensors, partners,
employees, representatives, suppliers be liable to you for any
special, direct, indirect, incidental, consequential, punitive, or
exemplary damages (including without limitation loss of business
opportunities, lost revenues, or loss of anticipated profits or any
other pecuniary or non-pecuniary loss or damage of any nature
whatsoever) arising out of or relating to this TOU, or which may be
incurred by you as a result of using the Platform or the Resources or
the content, the Services, or any reference site, or your use or
inability to use the Services. The Company shall not be liable for,
any damages to, or viruses that may infect, your computer equipment,
other electronics or any other property as a result of your access to,
use of, or browsing in the Platform or your downloading of any
materials, data, text, images, video, or audio from the Platform.
Notwithstanding anything contained herein, in no event will the
Company’s or any of its shareholders’, directors’, employees’, agents’
total liability to the User for all damages, liabilities, losses, and
causes of action arising out of or relating to (i) this TOU, (ii) the
Platform or Services, (iii) the User’s use or inability to use the
Services, however caused and whether arising in contract, tort
including negligence, warranty or otherwise, exceed the amount of
consideration received by the Company from the user for accessing or
using the Platform or Resources.
Brixton Insurance Broker Pvt Ltd takes all reasonable precautions to
preserve the confidentiality and prevent any corruption or loss,
damage or destruction of the data and information provided by you, in
keeping with industry standard practices. All personal information
will be kept confidential in accordance with the Privacy Policy.
However, Brixton Insurance Broker Pvt Ltd reserves the right to
collect statistical, anonymous and aggregate data based on your usage
of the Platform, such information does not consist of any of your
private and sensitive information (such as your name, address, phone
number, etc.) or your financial information (such as payment details,
bank account details, etc.), to understand user behaviour and
characteristics and to inform advertisers of such information as well
as the number of users that have been exposed to or clicked on the
advertising banners.
Brixton Insurance Broker Pvt Ltd follows generally accepted industry
standards to protect the personal information submitted to us.
However, no method of transmission over the internet, or method of
electronic storage, is 100% secure. Therefore, while we strive to use
industry best practices to protect your personal information, we do
not guarantee its absolute security and disclaim any liabilities to
that effect.
Brixton Insurance Broker Pvt Ltd shall not be liable if any transaction does not materialize or may not be completed or for any failure on its part to perform any of its obligations under the TOU or the Privacy Policy or those applicable specifically to any Services, if the same is prevented, hindered or delayed by a Force Majeure event and in such case its obligations shall be suspended for so long as the Force Majeure event continues. "Force Majeure" means any event due to any cause beyond the reasonable control of Brixton Insurance Broker Pvt Ltd, including without limitations, sabotage, fire, flood, explosion, acts of god, epidemics, pandemics, civil commotion, strikes or industrial action of any kind, riots, insurrection, war, acts of government, faults or failures in telecommunication, unavailability of any communication systems, breach, or virus in the processes or payment or delivery mechanism, computer hacking, computer crashes, malfunctioning in the computer terminal or the systems getting affected by any malicious code, unauthorized access to computer data and storage devices, destructive or corrupting code or program, mechanical or technical errors/failures or power outage, etc.
You may cancel disable or delete your access and/or use of Platform/
Services and user Account at any time by going to their account
settings or by contacting the Company at support@Brixton Insurance
Broker Pvt Ltdinsurance.com
In the event that you delete or disable your Account, the Company
shall not be liable to refund any fees paid by you. Once you delete
your Account, the Company may delete all of the User data and remove
all access to the cancelled account.
The Company reserves the right to discontinue the Platform or the
Services or to change the Services at any time and will provide notice
of such discontinuation or change to you through posting changes to
this TOU and/or by notifying you through email using the Account
Information that the User has provided to the Company. In the event
the Company discontinues the Services, the Company will refund any
fees paid by you for which Services have not been rendered by us.
If you breach any provision of the TOU or the Privacy Policy, the
Company shall have the right to terminate your access to and use of
the Services immediately, without notice, and to deactivate your
Account. In the event of such termination or deactivation, the Company
will not be required to refund any fees or other charges paid by you.
You acknowledge that, although the Company has no obligation to
monitor your use of the Services, the Company has the right to do so
for the purpose of operating the Services, to ensure your compliance
with the TOU and the Privacy Policy, or to comply with applicable laws
or the order or requirement of a court, administrative agency, or
other governmental body. The Company reserves the right at all times
to disclose, in its sole discretion, any user files when necessary (a)
in accordance with applicable any law, regulation, or governmental
request or (b) reduce or prevent what the Company considers to be, in
the Company’s sole discretion, a serious or imminent threat to the
user’s health or safety, or the health or safety of another person.
The Company reserves the right to change, modify, add to, or remove, portions of the TOU at any time at will and in the event that we are required to do so as a result of any applicable regulations or as required by law for any other purpose and as amended or made applicable from time to time and as per Company policy. In the event that any material changes are made, we shall inform you by way of a notice displayed on our home page for a period 30 days from such change.
If any part of the TOU or the Privacy Policy is determined to be invalid or unenforceable pursuant to applicable law including, then such unenforceable provision shall be deemed to be replaces with a suitable legal alternative provision that achieves the purpose of the original provision as closely as possible.
You and the Company agree that that nothing in the TOU or the Privacy
Policy shall be deemed to constitute a partnership, joint venture,
agency relationship or otherwise between the Parties.
In case you have any questions or wish to opt-out of certain Services,
you may contact us at D- 310, Kanakia Zillion, LBS Marg, BKC Annexe,
Mumbai - 400070 or email to support@Brixton Insurance Broker Pvt
Ltdinsurance.com
This TOU and the Privacy Policy shall be governed and construed in
accordance with the laws of the Republic of India and subject to the
arbitration provision below, the courts at Mumbai shall have exclusive
jurisdiction on all matters and disputes arising out of and relating
to the Platform, Services and the Resources.
All disputes in relation to the TOU and the Privacy Policy will be
resolved by arbitration at Mumbai, in accordance with the Indian
Arbitration and Conciliation Act, 1996 by a sole arbitrator appointed
by the Parties mutually. The arbitration award shall be final and
binding on the Parties, and enforceable in accordance with its terms.
The arbitrator shall state the specific reasons for its findings in
writing. The Parties agree to be bound thereby and to act accordingly.