Terms
and conditions governing Online Transactions Facility (“Facility”) of NewQuest
Insurance Broking Services Limited
1. Definitions
: In this document the following words and phrases shall have the meanings as
set below unless the context indicates otherwise:
"Affiliate"
of NewQuest Insurance Broking shall mean and include any company which is the
holding company or subsidiary of NewQuest Insurance Broking , or a person under
the control of or under common control with NewQuest Insurance Broking Services
, any person, of which, NewQuest Insurance Broking Services has a direct or
beneficial interest or control of 26% or more, of the voting securities or any
person having a direct or beneficial interest or control of 26% or more, of the
voting securities of NewQuest Insurance Broking Services , or any company which
is the holding company or subsidiary of such person, or a person under the
control of or under common control with such person, or any person, of which,
such person has a direct or beneficial interest or control of 26% or more, of
the voting securities.
For the purpose of this
definition of Affiliate, "control" together with grammatical variations when
used with respect to any person, means the power to direct the management and
policies of such person, directly or indirectly, whether through the ownership
of the vote carrying securities, by contract or otherwise howsoever; and
"person" means a company, corporation, a partnership, trust or any other entity
or organization or other body whatsoever.
"Facility"
refers to the service offered by NewQuest Insurance Broking Services to the
user through its website to effect transactions online through the usage of
User ID and Password in connection with various Insurance Products offered by
NewQuest Insurance Broking Services, including not limited to, providing
insurance related information to the User, subject to the terms as contained
herein and any other service as NewQuest Insurance Broking Services may decide
to provide from time to time.
"Insurance Products"
shall mean various insurance policies and services offered by NewQuest
Insurance Broking Services.
"Insurance Premium"
shall mean the premium payable in respect of the Insurance Products offered by
NewQuest Insurance Broking Services for undertaking to indemnify the risks
covered under the Insurance products.
"Payment Account(s)"
refers to any account/s of the User maintained with the Sponsor Bank, from
which the User desires to make payment of the insurance premium to NewQuest
Insurance Broking Services.
“Payment Date”
refers to the date on which NewQuest Insurance Broking Services shall receive
the payment of the insurance premium.
“Payment
Instruction” refers to instructions given by the User to the
Sponsor Bank through the use of the Facility for effecting payment of the
Insurance Premium to NewQuest Insurance Broking Services.
"Personal
Information" refers to the information provided by the user to
NewQuest Insurance Broking Services.
“Sponsor Bank”
refers to any Bank with whom the User has an Account and wishes to make payment
of the Insurance Premium from such an account through the Facility.
“Transactions
Instructions”
shall include but not be limited to, online requests made by the User, through the
use of User ID and Password
for purchase, endorsement, renewal of insurance products (tariff and
non-tariff), filing of claims, viewing of policies issued to the User,
Surveyors reports, changing of password or any other service as may be offered
by NewQuest Insurance Broking Services on the website.
"Terms"
refer to terms and conditions herein in connection with the Facility.
"User"
refers to a person authorized to use the Facility through the use of the User
ID and Password.
"Website
" refers to the website owned, established and maintained by NewQuest Insurance
Broking Services located at the URL http://www.newquest.in
In this document all
references to the user being referred in masculine gender shall be deemed to
include the feminine gender.
2. Applicability of
Terms : These Terms form the contract between the User and
NewQuest Insurance Broking Services for availing of the Facility and use of the
website. The User shall apply to NewQuest Insurance Broking Services in the
prescribed form for use of the Facility. NewQuest Insurance Broking Services
shall be entitled at its sole discretion to accept or reject such applications
as may be submitted by the users. By applying for or availing of the Facility,
the user acknowledges and accepts these Terms, without limitation or
qualification .
3. Eligibility
Criteria
The User represents that
the User is at least 18 years of age and has the capacity to contract as
specified under the Indian Contract Act, 1872 to be eligible for availing the
Facility offered herein.
4. Facility
: For the purpose of availing the Facility, the user would need to have legal
and valid access to the Internet.
Unless explicitly stated
otherwise, any new Facility or any amendment to an existing Facility as
provided by NewQuest Insurance Broking Services, shall be subject to the Terms.
The availability/non-availability of a particular Facility shall be
communicated to the User through email, or by hosting a notice on the website
or in writing as may be deemed fit by NewQuest Insurance Broking Services. Such
service may be provided by NewQuest Insurance Broking Services directly or
through its associates or contracted service providers.
The information provided
to the user through the Facility is not updated continuously but at regular
intervals. Consequently, any information supplied to the user through the
Facility will pertain to the date and time when it was last updated and not as
the date and time when it is supplied to the user. NewQuest Insurance Broking
Services shall not be liable for any loss that the user may suffer by relying
on or acting on such information.
Nothing contained on the
website shall constitute or be deemed to constitute an advise, an offer to
sell/purchase or an invitation or solicitation to undertake any activity or
enter into any transaction. NewQuest Insurance Broking Services makes no
representation as to the accuracy, completeness or reliability of any
information contained herein or otherwise provided and hereby disclaims any
liability with regard to the same. The User should exercise due care and
caution (including if necessary, obtaining of advise of
tax/legal/accounting/financial/other professionals) prior to taking of any
decision, acting or omitting to act, on the basis of information contained on
the website and NewQuest Insurance Broking Services shall not in any way be
responsible or liable for any consequences of actions taken or omitted to be
taken by the User based on such information.
NewQuest Insurance
Broking Services may keep its records of the transactions in any form it
wishes. In the event of any dispute, NewQuest Insurance Broking Services’s
records shall be binding as the conclusive evidence of the transactions carried
out through the Facility in the absence of clear proof that NewQuest Insurance
Broking Services’s records are erroneous or incomplete.
In case of any request
for a service relating to any foreign currency transaction made by the user,
the exchange rates quoted by NewQuest Insurance Broking Services shall only be
provisional and shall be subject to future variations in the exchange rate. The
rate at which the transaction is given effect to would be the effective rate
for all intents and purposes.
However, all the
Insurance Products offered by NewQuest Insurance Broking Services may not be
offered through the Facility.
NewQuest Insurance
Broking Services reserves the right to dishonour any transaction instructionat
its sole discretion and the User agrees not to hold NewQuest Insurance Broking
Services responsible for the same.
5. Unauthorized /
Unlawful Access : The user shall take all necessary precautions to
prevent unauthorized and illegal use of the Facility and unauthorized access to
the Facility. NewQuest Insurance Broking Services shall take all commercially
reasonable care to, ensure the security of and to prevent unauthorized access
to the Facility using commercially reasonable technology available in India to
NewQuest Insurance Broking Services.
The Website and / or
Facility is only for the User’s personal use. The User will not use the Website
and / or Facility for commercial purposes. The User will not use the Website
and / or Facility in any way that is prohibited or illegal or harmful to
NewQuest Insurance Broking Services, its affiliates, directors, officers,
employees etc. or any customer of NewQuest Insurance Broking Services. The User
shall not use the website and / or Facility in any manner that could damage,
disable or impair the website and / or Facility or its functioning in manner
whatsoever or interfere with the normal working of the website.
6. Facility Access
: Upon registration of the User for the Facility by NewQuest Insurance Broking
Services, NewQuest Insurance Broking Services shall issue a User ID and a password to the User or such other authentication
procedure as may be prescribed by NewQuest Insurance Broking Services from time
to time for accessing the Facility. The User ID and Password shall be intimated
to the User at the email address specified by the User or in any manner as deem
fit by NewQuest Insurance Broking Services. The User shall change the password
as frequently thereafter as possible as a safety measure. Each time User is
desirous of accessing the Facility, the User shall provide the User ID and
password, in the manner directed. NewQuest Insurance Broking Services shall
have the right to request the User for further information for authentication
of the User's bona fides and to use any other information for authentication of
the User. The User shall be deemed to represent that he is the legal and
beneficial owner of, or, is authorized to deal with the funds and property in
the Payment Account each time the User uses the Facility and seeks information
in respect thereof.
7. Facility Password:
The User shall ensure
that the password and his secret phrase which he can use to generate a new
password, in case he forgets his password, are kept confidential, and to not
let any unauthorized person have access to the computer while the User is
accessing the Facility.
If the User forgets the
password and User ID/secret phrase, the User may request for the issue of a new
password through the Website or through written communication to NewQuest
Insurance Broking Services and this shall not be construed as the commencement
of a new contract.
The User agrees and
acknowledges that NewQuest Insurance Broking Services shall in no way be held
responsible or liable if the User incurs any loss as a result of information
being disclosed by NewQuest Insurance Broking Services regarding his/her
Payment Accounts in the course of providing the Facility to the User and the
User fully indemnifies and holds harmless NewQuest Insurance Broking Services
in that behalf.
The User shall maintain
the secrecy of all information of confidential nature and shall ensure that the
same is not disclosed to any person voluntarily, accidentally or by mistake.
NewQuest Insurance Broking Services does not assume responsibility on his/her
behalf.
8. Honouring
Instructions
The Payment Instructions will be effected only after authentication of
the User in accordance with the prescribed procedure detailed hereinabove.
NewQuest Insurance
Broking Services shall incur no liability if it is unable to effect any Payment
Instruction on the Payment Date because of the existence of any one or more of
the following circumstances:
-
If the User does not
provide necessary details as required by NewQuest Insurance Broking Services.
-
If the Payment Account
does not contain sufficient funds to cover for payment of the premium amount
exceeds the overdraft limit, if any, granted to the User.
-
If the funds available
in the Payment Account are under any encumbrance or charge.
-
The name of Sponsor
Bank required for effecting the payment are not correctly provided by the User.
-
On account of delay on
the part of the User in sending the Payment Instructions to NewQuest Insurance
Broking Services.
-
Due to refusal of the
Sponsor Bank to honour the payment.
-
Circumstances beyond
NewQuest Insurance Broking Services’s control (such as, but not limited to,
fire, flood, systems failure like computer breakdown or problems with a
telephone line due to an unforeseeable cause or interference from an outside
force).
The User is also
responsible for the accuracy and authenticity of the Payment Instructions
provided to NewQuest Insurance Broking Services and the same shall be
considered to be sufficient to effect the payment.
NewQuest Insurance
Broking Services shall have the right to refuse to comply with the Payment
Instructions without assigning any reason and shall not be under any duty to
assess the prudence or otherwise of any instruction, and have the right to
suspend the operations of the Facility if it has reason to believe that the
Payment instructions will lead or expose to direct or indirect loss or may
require an indemnity from the User before continuing to operate the Facility.
9. Canceling Or
Modifying Payment Instructions
In event the User is desirous of modifying the transaction
instructions provided to NewQuest Insurance Broking Services through the
Facility, the User shall give necessary instructions to NewQuest Insurance
Broking Services. The User also agrees to pay any additional Insurance Premium,
if applicable, upon modification of transaction instructions, as may be
required by NewQuest Insurance Broking Services. In event of cancellation of
any Insurance Product as availed by the User from NewQuest Insurance Broking
Services, then NewQuest Insurance Broking Services shall be entitled to retain
short rate Insurance Premium as applicable to the policy and refund the
Insurance Premium to the User in such form and manner as may NewQuest Insurance
Broking Services may deem fit.
In case of cancellation
of certain Insurance Products issued in favour of the User, the User may not be
entitled to receive any refund of Insurance Premium from NewQuest Insurance
Broking Services.
The User agrees to pay
to NewQuest Insurance Broking Services, applicable fees as specified by
NewQuest Insurance Broking Services for such modification or cancellation of
Transaction Instructions.
10. Failed Payment
Instructions
In case the Insurance premium payment is not effected for any reason,
NewQuest Insurance Broking Services shall intimate the User through the
Facility about the failed payment. The intimation shall be deemed to have been
received by the User when the intimation enters the secure mailbox of the User
provided by NewQuest Insurance Broking Services. NewQuest Insurance Broking
Services may intimate the User through any other means as NewQuest Insurance
Broking Services may deem fit. NewQuest Insurance Broking Services may, at its
sole and absolute discretion, levy such penalty as it deems fit.
11. Charges/Fees
NewQuest Insurance Broking Services reserves the right to charge and
recover from the User fees for availing the Facility at any time as it may deem
fit. Failure to pay the charges/fees on or before the specified date will
render the User liable for payment of interest at such rate as may be
stipulated by NewQuest Insurance Broking Services and/or withdrawal of the
Facility without any liability to NewQuest Insurance Broking Services.
12.
Non-Transferability
The Facility provided to
the User is not transferable under any circumstance and shall be used only by
the User. However, NewQuest Insurance Broking Services shall have the right to
transfer, assign or sell all its rights under this Terms and conditions, shall
continue to be in force and effect for the benefit of the successors and
assigns of NewQuest Insurance Broking Services.
13. Transaction
Instructions
All transaction
instructions in connection with the Facility be given, through computer or any
other medium/channel enabled by NewQuest Insurance Broking Services for the
purpose, by the user in the manner indicated by NewQuest Insurance Broking
Services. The user is also responsible for the accuracy and authenticity of the
transaction instructions provided to NewQuest Insurance Broking Services and
the same shall be considered to be sufficient to operate the Facility. NewQuest
Insurance Broking Services shall not be required to independently verify the
transaction instructions, and the transaction instruction shall remain
effective till such time the same is countermanded by further instructions by
the user. NewQuest Insurance Broking Services shall have no liability if it
does not or is unable to stop or prevent the implementation of an transaction
instruction which is subsequently countermanded. Where NewQuest Insurance
Broking Services considers the transaction instructions to be inconsistent or
contradictory it may seek clarification from the user before acting on any
transaction instruction of the user or act upon any such instruction as it
deems fit. NewQuest Insurance Broking Services states that it has no liability
or obligation to keep a record of the transaction instructions to provide
information to the user or for verifying user's instructions. NewQuest
Insurance Broking Services may refuse to comply with the transaction
instructions without assigning any reason and shall not be under any duty to
assess the prudence or otherwise of any transaction instruction and have the
right to suspend the operations through the Facility if it has reason to
believe that the transaction instructions will lead or expose to direct or
indirect loss or may require an indemnity from the user before continuing to
operate the Facility.
Any instruction, order,
direction, request entered using the User ID and password of the user shall be
deemed to be an instruction, order, directive, request received from the user.
All instructions, requests, directives, orders, directions, entered by the
user, either electronically or otherwise, are based upon the user's decisions
and are the sole responsibility of the user. The user understands that entering
an instruction, direction, order, request with NewQuest Insurance Broking
Services, either electronically or otherwise, does not guarantee execution of
such instruction, direction, order, request. NewQuest Insurance Broking
Services shall not be deemed to have received any instruction, direction,
order, request electronically transmitted by the user until it confirms the
receipt of such instruction, direction, order, request.
14. Accuracy of
Information : The user is responsible for the correctness of
information supplied to NewQuest Insurance Broking Services for use of the
Facility or through any other means such as electronic mail or written
communication. NewQuest Insurance Broking Services accepts no liability for the
consequences arising out of erroneous information supplied by the user. If the
user notices an error in the information supplied to NewQuest Insurance Broking
Services either in the application form or any other communication, he shall
immediately advise NewQuest Insurance Broking Services which will endeavour to
correct the error wherever possible on a "reasonable efforts" basis.
15. Liability of the
User and NewQuest Insurance Broking Services : Neither NewQuest
Insurance Broking Services nor the Affiliates shall be liable for any
unauthorised transactions occurring through the usage of the Facility and the
user hereby fully indemnifies and holds NewQuest Insurance Broking Services and
its Affiliates harmless against any action, suit, proceeding initiated against
it or any loss, cost or damage incurred by it as a result thereof. NewQuest
Insurance Broking Services shall under no circumstance be held liable to the
user if the Facility is not available in the desired manner for reasons
including but not limited to natural calamities, legal restraints, faults in
the telecommunication network or network failure, or any other reason beyond
the control of NewQuest Insurance Broking Services. Under no circumstances
shall NewQuest Insurance Broking Services be liable for any damages whatsoever
whether such damages are direct, indirect, incidental consequential and
irrespective of whether any claim is based on loss of revenue, interruption of
business or any loss of any character or nature whatsoever and whether
sustained by the user or by any other person. Illegal or improper use of the
Facility shall render the user liable for payment of financial charges as
decided by NewQuest Insurance Broking Services or will result in suspension of
the operations through the Facility.
16. Electronic
Disclosures
NewQuest Insurance Broking Services is required to provide to the User with
certain disclosures and notices which are mandated by various laws and rules
and transaction related notifications. The User agrees to receive all such
disclosures and notifications electronically, which, in most cases, will be
done through the website or through any other medium as may be deemed fit by
NewQuest Insurance Broking Services. If, for any reason, the User does not wish
to receive the disclosures electronically, the User may advise NewQuest
Insurance Broking Services immediately. However, if the User declines to
receive the disclosures electronically, NewQuest Insurance Broking Services may
choose to terminate the Facility.
The read-out, the faxed
/email output or the printed output, if any, that is received by the User at
the time of operation of the Facility is a record of the operation by the User.
All the records of NewQuest Insurance Broking Services generated by the
transactions arising out of the use of the Facility, including the time the
transaction is recorded shall be conclusive proof of the genuineness and
accuracy of the transaction.
NewQuest Insurance
Broking Services shall have no liability or obligation to keep a record of the
transactions carried through the Facility and/or provide information to the
User or for verifying User's Payment Instructions, other than records required
to be kept or information required to be provided statutorily by NewQuest
Insurance Broking Services.
17. Disclosure Of
Account Information To Third Parties
The User agrees that NewQuest Insurance Broking Services / its
Affiliates or their agents, representatives or contractors may hold and process
his personal information and all other information concerning with his Payment
Account on computer or otherwise in connection with the Facility as well as for
analysis, credit scoring and marketing. The User also agrees that NewQuest
Insurance Broking Services may disclose, in strict confidence, to other
institutions, such information as may be reasonably necessary for reasons
inclusive of but not limited to participation in any telecommunication or
electronic clearing network, in compliance with a legal directive, for credit
rating by recognized credit scoring agencies and for fraud prevention purposes.
18. No Waiver
NewQuest Insurance Broking Services shall not be deemed to have waived
any of its rights or remedies hereunder unless such waiver is in writing by
NewQuest Insurance Broking Services. No delay or omission on the part of
NewQuest Insurance Broking Services in exercising any rights or remedies shall
operate as a waiver of such rights or remedies or any other rights or remedies.
A waiver on any one occasion shall not be construed as a bar or waiver of any
rights or remedies on future occasions.
19. SMS Services to
the Users:
In this clause the
following words and phrases shall have the meanings as set below unless the
context indicates otherwise:
-
"SMS" shall
mean and include the customised messages sent to the User over his mobile phone
number as short messaging service by NewQuest Insurance Broking Services.
-
"SMS Services"
shall mean services such as information relating to the Facility, details about
transactions and such other services as may be provided on the Mobile Phone
Number by NewQuest Insurance Broking Services from time to time.
-
"Mobile Phone
Number" shall mean the number specified by the User on the
Website, through the call centre or in writing either through any Form provided
by NewQuest Insurance Broking Services or otherwise for the purpose of availing
the SMS Service.
NewQuest Insurance
Broking Services may send SMS to the Users to update the Users with
information in connection with the Insurance products or the Facility
and seek confirmation from such Users with respect to the same.
NewQuest Insurance
Broking Services reserves the right to reject any such request received
from the User through the SMS service without giving any reasons for the same.
NewQuest Insurance
Broking Services shall not be responsible to the User for any loss or
damage caused to the User or any third party on account of non-delivery of the
SMS or any delay in delivery of SMS. NewQuest Insurance Broking
Services shall not be liable for any direct or indirect consequences
arising on account of processing the requests received form the User through
the SMS service. NewQuest Insurance Broking Services may withdraw this
service at any time without assigning any reasons therefor.
20. Indemnity
In consideration of
NewQuest Insurance Broking Services providing the User the Facility, the User
hereby undertakes to indemnify and hold NewQuest Insurance Broking Services
indemnified, as the case may be, including both their officer, employees and
agents, against all losses and expenses on full indemnity basis which NewQuest
Insurance Broking Services may incur, sustain, suffer or is likely to suffer in
connection with NewQuest Insurance Broking Services’s execution of the User's
instructions and against all actions, claims, demands, proceedings, losses,
damages, costs, charges and expenses as a consequence or by reason of providing
the Facility for any action taken or omitted to be taken by NewQuest Insurance
Broking Services its officers, employees or agents, on the instructions of the
User. The User will pay to NewQuest Insurance Broking Services such amount as
may be determined to be sufficient to indemnify it against any such, loss or
expenses even though they may not have arisen or are contingent in nature.
Further, the user
agrees, at its own expense, to indemnify, defend and hold harmless NewQuest
Insurance Broking Services, its directors and employees, representatives,
agents, and its Affiliates against any claim, suit, action or other proceeding
brought against NewQuest Insurance Broking Services, its directors and
employees, representatives, agents, and Affiliates by a third party, to the
extent that such claim, suit, action of other proceeding brought against
NewQuest Insurance Broking Services, its directors and employees,
representatives, agents, and Affiliates is based on or arises in connection
with the user of the Facility with reference to:
(i) a violation of the
Terms contained herein by the user;
(ii) any deletions, additions, insertions or alterations to, or any
unauthorized use of, Facility by the user;
(iii) any misrepresentation or breach of representation or warranty made by the
user contained herein; or
(iv) any breach of any covenant or obligation 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 attorneys' fees and costs awarded
against it or otherwise incurred by or in connection with or arising from any
such claim, suit, action or proceeding attributable to any such claim.
21. Disclaimer of
Warranties
The User expressly
agrees that use of the Facility is at his sole risk. The Facility is provided
on an "as is" and "as available" basis.
Except as warranted in
the Terms, NewQuest Insurance Broking Services expressly disclaims all
warranties of any kind, whether express or implied or statutory, including, but
not limited to the implied warranties of merchantability, fitness for a
particular purpose, data accuracy and completeness, and any warranties relating
to non-infringement in the Facility.
NewQuest Insurance
Broking Services does not warrant that access to the Website and the Facility
shall be uninterrupted, timely, secure, or error free nor does it make any
warranty as to the results that may be obtained from the Website or use,
accuracy or reliability of the Facility.
NewQuest Insurance
Broking Services will not be liable for any virus that may enter the user's
system as a result of the user using the Facility. NewQuest Insurance Broking
Services does not guarantee to the user or any other third party that the
Facility would be virus free.
NewQuest Insurance
Broking Services does not warrant or guarantee the accuracy or timeliness of
any information available from the Website or the Facility. NewQuest Insurance
Broking Services does not authorize for any purpose other than the User’s
personal use, and prohibit to the maximum extent allowable the resale,
redistribution, and use of this information for commercial purposes.
22. Change of Terms
NewQuest Insurance
Broking Services shall have the absolute discretion to amend or supplement any
of the Terms at any time. The User shall be responsible for regularly reviewing
these Terms including amendments thereto as may be posted on the website. By
using any new services as may be introduced by NewQuest Insurance Broking
Services on the website, the user shall be deemed to have accepted the changed
Terms.
23. Termination of
the Facility
The user may request for
termination of the Facility any time by giving a written notice of at least 15
days to NewQuest Insurance Broking Services. The termination shall take effect
on the completion of the fifteenth day. The user will remain responsible for
any transactions made through the Facility until the time of such termination.
ICICI Bank may withdraw
or terminate the Facility anytime either entirely or with reference to a
specific service or user; or in case of breach of Terms by the user without a
prior notice; or if it learns of the death, bankruptcy or lack of legal
capacity of the user.
Clause 20 & 21 shall
survive the termination of the Facility for any reason whatsoever.
Upon termination of the
Facility becoming effective, the User’s right to use the Facility will
immediately cease. Upon such termination, any information stored by the User on
the Website may not be retrieved later.
24. Notices
Notices under these
Terms may be given by NewQuest Insurance Broking Services and the user in
writing by delivering them by hand or by sending them by post to the last
address given by the user and in the case of NewQuest Insurance Broking
Services to its corporate office address as set out hereinabove. In addition,
NewQuest Insurance Broking Services may also publish notices of general nature,
which are applicable to all users in a newspaper or on its website. Such
notices will have the same effect as a notice served individually to each user.
Notice and instructions will be deemed served 7 days after posting or upon
receipt in the case of hand delivery, cable, telex or facsimile.
25. Governing Law
These Terms shall be
governed by the laws of India. The Parties hereby agree that any legal action
or proceedings arising out of the Terms shall be brought in the courts or
tribunals at Mumbai in India and irrevocably submit themselves to the
jurisdiction of such courts and tribunals. ICICI Bank may, however, in its
absolute discretion, commence any legal action or proceedings arising out of
the Terms in any other court, tribunal or other appropriate forum, and the user
hereby consents to that jurisdiction. Any provision of the Terms which is
prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction,
be ineffective to the extent of prohibition or unenforceability but shall not
invalidate the remaining provisions of the Terms or affect such provision in
any other jurisdiction.
26. Ownership Of
Information
Unless otherwise
expressly set forth herein, any information, communications or material that
the User may transmit or furnish to NewQuest Insurance Broking Services through
the Facility or website, including data, questions, comments, or suggestions
will be treated as non-confidential and non-proprietary and will be treated as
the property of NewQuest Insurance Broking Services. Such information,
communications or material may be used for any purpose, including, but not
limited to, reproduction, solicitations, disclosure, transmission, publication,
broadcast, and posting.
27. Communications
through Electronic means
Documents sent by
electronic delivery will contain all the information as it appears in the
printed hard copy version as prepared and distributed by the originator, with
the possible exception of graphic insertions such as photographs or logotypes.
Electronic delivery may be in the form of an electronic mail, an attachment to
the electronic mail, or in the form of an available download from the Website.
NewQuest Insurance Broking Services would be deemed to have fulfilled its legal
obligation to deliver to the user any document if such document is sent via
electronic means. Failure to advise NewQuest Insurance Broking Services of any
difficulty in opening a document so delivered within twenty-four (24) hours
after delivery shall serve as an affirmation regarding the acceptance of the
document.
28. Proprietary
Rights
NewQuest Insurance
Broking Services shall make reasonable efforts to advise from time to time the
Internet software such as browsers which are required for availing of the
Facility. There will be no obligation on NewQuest Insurance Broking Services to
support all or any versions of the Internet software as may be required for
offering the Facility. The user acknowledges that the software underlying the
Facility as well as other Internet related software which are required for
accessing Internet Banking are the legal property of the respective vendors.
The permission given by NewQuest Insurance Broking Services to access the
Facility will not convey any proprietary or ownership rights in such software.
The user shall not attempt to modify, translate, disassemble, decompile or
reverse engineer the software underlying the Facility or create any derivative
product based on the software.
29. General
The clause headings
herein are for only for convenience and do not affect the meaning of the
relative clause. NewQuest Insurance Broking Services may sub-contract and
employ agents to carry out any of its obligations under this contract. The user
would have to ensure that the equipment used for availing of the Facility meets
the criteria as may be specified by NewQuest Insurance Broking Services from
time to time. All costs incurred by the user including telecommunication costs
to use the Facility would be borne by the user.
As a tool to correct
misunderstandings, the user understands, agrees and authorises NewQuest
Insurance Broking Services, at its discretion, and without further prior notice
to the user, to monitor and record any or all telephone conversations or
electronic communications between the user and NewQuest Insurance Broking
Services and any of its employees or agents.
These terms and
conditions contain NewQuest Insurance Broking Services’s entire agreement
(except as otherwise expressly provided herein) and supersede and replace any
previously made proposals, representations, understandings and agreements,
express or implied, either oral or in writing between the user and NewQuest
Insurance Broking Services for the Facility. The user acknowledges that it has
not relied on any representation made by NewQuest Insurance Broking Services or
any of its employees or agents and has made its own independent assessment of
the Facility. No third party will have any rights or claims under these terms
and conditions.
NewQuest Insurance Broking
Services Limited
Corporate
Office: Thapar House, 124, Janpath New Delhi -110001
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