END-USER ACCOUNT AND DATA PRIVACY
The App allows Ensign Insurance Brokers to have access to registered Users’ personal email or phone number, for communication purpose so as to provide you better services and for obtaining feedback in relation to the services, and to establish a Channel of communication in this regard.
- The type of information collected from Users, including sensitive personal data or information;
- The purpose, means and modes of usage of such information;
- How and to whom Ensign Insurance Brokers will disclose such information; and, Other information mandated by the SPI Rules.
- The fact that certain information is being collected;
- The purpose for which the information is being collected;
- The intended recipients of the information;
- The nature of collection and retention of the information; and
- The name and address of the agency that is collecting the information and the agency that will retain the information; and
- The various rights available to such Users in respect of such information. Ensign Insurance Brokers shall not be responsible in any manner for the authenticity of the personal information or sensitive personal data or information supplied by the User on the App, which may whether directly or indirectly come to the knowledge of Ensign Insurance Brokers or its employees/officers.
Ensign Insurance Brokers shall not be responsible in any manner for the authenticity of the personal information or sensitive personal data or information supplied by the User on the App, which may whether directly or indirectly come to the knowledge of Ensign Insurance Brokers or its employees/officers.
The User is responsible for maintaining the confidentiality of the User’s account access information and password, if the User is registered on the App. The User shall be responsible for all usage of the User’s account and password, whether or not authorized by the User. The User shall immediately notify Ensign Insurance Brokers of any actual or suspected unauthorized use of the User’s account or password. Although Ensign Insurance Brokers will not be liable for your losses caused by any unauthorized use of your account, Ensign Insurance Brokers would in such instances of unauthorized use, may need your support and coordination in mitigating loss or damage to the App, your account or the system in itself, else you may be liable for the losses of Ensign Insurance Brokers or such other parties as the case may be, due to any unauthorized use
1. CUSTOMER PASSWORD AND TRANSACTION PASSWORD
In the event that Ensign Insurance Brokers has, or may from time to time, introduce or offer certain services on the App which require authentication procedures, the Customer would be able to access such services by using the Customer ID and the Customer Password. By using the Customer ID and the Customer Password the Customer can authorise the transactions. The Customer may be provided a Transaction Password, which would enable the Customer to carry out such transactions as may be specified from time to time. The Customer would not be able to carry out the transactions without the use of the Transaction Password. The terms governing the Customer ID, Customer Password and Transaction Password are as follows.
Subject to the Terms, Ensign Insurance Brokers shall take reasonable care to ensure the security of and to prevent unauthorized access to the services, which are part of the App using technology reasonably available to Ensign Insurance Brokers.
The Customer confirms and agrees that he will be the sole and exclusive owner and is the only authorised user of the Customer ID and the Customer and/or Transaction Passwords and accepts sole responsibility for use, confidentiality and protection of the Customer ID and the Customer and/or Transaction Passwords as well as for all transactions authorised by such password/s and shall ensure that the password/s is/are not revealed to any third party or recorded in any written or electronic form.
If the Customer forgets /loses the Customer ID or the Customer /Transaction Password, or is otherwise desirous of a change in the said Passwords can request for change of the password by sending a written request to Ensign Insurance Brokers at the address or notify the indicated telephone number of the Call Centre. On the receipt of such a request discontinue the use of the old Customer and/or Transaction Password(s) and shall generate a new password for the Customer, which shall be communicated to the Customer or require the Customer to procure a fresh means of authentication, details of which will be communicated by the Customer to us. However, the Customer shall be responsible and liable for all transactions that are carried out by the use of the Customer ID or the Customer/ Transaction Password, as the case may be, till the time of discontinuation of the old ID or password.
Any transaction authorised by using the Customer ID and Customer / Transaction Password is deemed to be that of the Customer and Ensign Insurance Brokers is not responsible for any mistake / error made by the Customer as to the nature of the transaction. If third parties gain access to the services offered through the use of the Customer ID and Customer /Transaction Password, the Customer shall be deemed to be responsible and the Customer hereby indemnifies and holds harmless Ensign Insurance Brokers against any liability, costs or damages arising out of claims or suits by or against such third parties based upon or relating to such access and use. The Customer shall be responsible for providing and maintaining the communications equipment (including personal computers and modems) and telephone or alternative services required at the Customer’s end for accessing and using the App or related services, and for all communications service fees and charges incurred by the Customer in accessing the App or related services. It is the Customer’s responsibility to ensure that no unauthorized person has access to its computer unattended whilst accessing the App.
Ensign Insurance Brokers would be entitled, at its sole discretion, to seek offline written or other confirmation from the Customer of any transaction as it may deem fit. The Customer shall immediately notify Ensign Insurance Brokers in writing, delivered via email and/or Registered AD, or notify through the indicated telephone number of the Call Centre on the Customer becoming aware of any loss, theft or unauthorized use of the Customer ID and/or Customer /Transaction Password; or any receipt by the Customer of confirmation of any transaction which the Customer did not authorise; or any inaccurate information in the Customer’s account balances, securities positions, or transaction history. If the Customer fails to notify Ensign Insurance Brokers immediately upon the Customer’s knowledge when any of the above conditions occur, neither Ensign Insurance Brokers nor any of their officers, directors, employees, Advisors, Affiliates or subsidiaries can or will have any responsibility or liability to the Customer or to any other person whose claim may arise through the Customer with respect to any of the circumstances described above. Under no circumstances shall anyone involved in creating, producing, delivering or managing the services which are part of the App be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the services, or out of any breach of any warranty. In the event that the certifying authorities and other infrastructure contemplated under the Information Technology Act, 2000, for ensuring secure electronic records and secure digital signatures is notified by the concerned authorities and the infrastructure to enable the same is in place, Ensign Insurance Brokers would have the right to require the Customers to authorise use, operate or otherwise authorise, the transactions by means of digital signatures or other means of authentication as Ensign Insurance Brokers may require and/or discontinue the usage of the Customer Password and the Transaction Password.
Subject to the Terms and Conditions, Ensign Insurance Brokers shall take reasonable care to ensure the security of and to prevent unauthorized access to the services, which are being provided through the App using technology reasonably available to Ensign Insurance Brokers.
2. AUTHORITY TO ENSIGN INSURANCE BROKERS
The Customer irrevocably and unconditionally authorizes Ensign Insurance Brokers to carry out his instructions, effecting such transactions as may be permitted by Ensign Insurance Brokers from time to time, in accordance with these Terms and such other terms as may be specified by Ensign Insurance Brokers. Certain transactions would be effected only after the Customer authorizes it by using the Customer/Transaction Password and Ensign Insurance Brokers shall have no obligation to verify the authenticity of any such duly authorized transaction.
3. EVIDENCE OF TRANSACTIONS
In respect of any transactions which may be permitted by Ensign Insurance Brokers from time to time, Ensign Insurance Brokers’s own records of such transactions, maintained through computer systems or otherwise, shall be accepted as conclusive and binding for all purposes. More particularly, the record of Ensign Insurance Brokers 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.
4. LEGAL DISCLAIMER
The App is maintained by Ensign Insurance Brokers and your use of the App is subject to the Terms and Conditions relevant under the Indian laws for the time being in force and applicable in Chennai, Tamilnadu. This App is offered to you on the condition that you accept the Terms and Conditions contained herein, without modification or reservation of any of the terms, conditions and notices contained herein and by accessing and browsing this App, you accept, without limitation or qualification, the Terms and Conditions and acknowledge that any other agreement between you and Ensign Insurance Brokers are superseded and of no force or effect. This App may contain links to other apps, web- pages and services also operated by Ensign Insurance Brokers and / or its Affiliates (the ENSIGN INSURANCE BROKERS Sites), and your use of each ENSIGN INSURANCE BROKERS Site is also subject to the Terms and Conditions and other terms and guidelines, if any, contained within each such ENSIGN INSURANCE BROKERS Site. In the event that any of the terms, conditions, and notices contained herein conflict with the Terms and Conditions or other terms and guidelines contained within any particular ENSIGN INSURANCE BROKERS Site, then the Terms and Conditions and other terms and guidelines for such ENSIGN INSURANCE BROKERS Site shall prevail. You hereby agree and confirm that you shall click on the links to, and familiarize yourself with the terms and conditions and other terms and guidelines found throughout this App and the ENSIGN INSURANCE BROKERS Sites and abide by them if you choose to use the sites, pages or services to which they apply. You should assume that everything you see or read on the App (including but not limited to directories, guides, news articles, opinions, reviews, text, photographs, images, illustrations, profiles, audio clips, video clips, trademarks, service marks and the like, (collectively the Content) is copyrighted/ protected by intellectual property laws unless otherwise noted and may not be used except as provided in these Terms and Conditions or in the text on the App without the prior written permission of Ensign Insurance Brokers. Ensign Insurance Brokers neither warrants nor represents that your use of materials displayed on the App will not infringe patent, copyright or any intellectual property rights or any other rights of third parties not owned by or affiliated with Ensign Insurance Brokers. The disclaimer as set forth herein is in addition to the legal disclaimer as specified in the App.
5. TERMS AND CONDITIONS OF USE
The App is deemed to be in use when it is loaded in temporary or permanent memory of your mobile.
6. RESTRICTIONS ON USE
You agree to use the App strictly for your personal use. You agree not to use this App for any illegal purpose or in any manner inconsistent with these Terms and Conditions. You agree not to use, transfer, distribute or dispose of any information contained in the App in any manner that could compete with the business of Ensign Insurance Brokers or otherwise compromise or imperil the interests of Ensign Insurance Brokers, or otherwise be any material which may be construed to be offensive, scandalous, defamatory, discriminative, inflammatory, or inappropriate. You acknowledge that the App has been developed, compiled, prepared, revised, selected and arranged by others (including certain other information sources) through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort and money and constitutes valuable intellectual property and may also include trade secrets of Ensign Insurance Brokers and such others. You agree to protect the proprietary rights of Ensign Insurance Brokers and all others having rights in the App or its content during and after the term of this agreement and to comply with all reasonable written requests made by Ensign Insurance Brokers or its suppliers of content, equipment or otherwise to protect their and others contractual, statutory and common law rights in the App. You agree to notify Ensign Insurance Brokers in writing promptly upon becoming aware of any unauthorized access or use of the App by any party or of any claim that the App infringes upon any copyright, trademark or other contractual, statutory or common law rights. You may download and retrieve data from the App on your 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 your exclusive personal use only. You further acknowledge that all the intellectual property in the App continues to vest with us.
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 App save and except such information as relates to your Policy, if you are a Customer.
Rent, lease, sell, sub-license, or lend your access to the App.
Cache or permit caching by any person.
Do any act that violates our intellectual property in the App.
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 App 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 you are not logged on.
Although Ensign Insurance Brokers may, from time to time, monitor or review any facilities, if established or otherwise offered at the App for discussions, chats, postings, transmissions, bulletin boards, and the like on the App, Ensign Insurance Brokers 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 App. You are 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. Ensign Insurance Brokers will fully cooperate with any law enforcement authorities or court order requesting or directing Ensign Insurance Brokers to disclose the identity of anyone posting any such information or materials.
7. ACCESS RESTRICTION
We reserve the right to deny to you, at our sole discretion, access to the App, including any portion thereof, without any prior notice.
8. INTELLECTUAL PROPERTY
We grant you the right to access this App in accordance with these terms and conditions, and for no other purpose. Please note that the services and content on the App, including but not limited to text, content, photographs, video, audio and graphics, are either the property of, or used with permission by, Ensign Insurance Brokers and/or by Ensign Insurance Brokers’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 App, are registered and unregistered Trademarks of Ensign Insurance Brokers and others. Nothing contained on the App should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the App without the written permission of Ensign Insurance Brokers or such third party that may own the Trademarks displayed on the App. Your misuse of the Trademarks displayed on the App, or any other content on the App, except as provided in these Terms and Conditions, is strictly prohibited. You are also advised that Ensign Insurance Brokers will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution. We shall be entitled to obtain equitable relief (including all damage, direct, indirect, consequential and exemplary), over and above all other remedies available to us, to protect our interests therein.
9. Electronic Communications
When you visit the App or send any communication to the Company or any other user, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
10. LINKS TO THIRD PARTY APPS
The linked apps are not under our control and we are not responsible for the contents of any such linked App or any link contained in a linked App, advertisements appearing in or products offered by or any changes or updates to such apps. We are providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by us of the linked App.
11. SOFTWARE AVAILABLE ON THE WEB SITE
Software or information (if any) that is made available to download from this App (“Software”) is the copyrighted work of Ensign Insurance Brokers and/or its suppliers. Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included in the Software. You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms.
You agree, at your own expense, to indemnify, defend and hold harmless Ensign Insurance Brokers, its directors and employees, representatives, suppliers and Advisors, against any claim, suit, action or other proceeding brought against Ensign Insurance Brokers, 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 Ensign Insurance Brokers, its directors and employees, representatives, suppliers and Advisors is based on or arises in connection with the use of this App, or any links therein, including, but not limited to :
- Your use or someone else’s use of your access to the App.
- Your use/operation or someone using/operating or conducting any transactions, where applicable
- A violation of the terms and conditions contained herein by you or anyone using your or any other mobile
- A claim that any use of the App by you or someone using your 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 App by you or someone using your mobile
- Any misrepresentation or breach of representation or warranty contained herein made by you or
- Any breach of any covenant or agreement to be performed by you hereunder. You agree to pay any and all costs, damages and expenses, including, but not limited to, reasonable attorney’s 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.
13. DISCLAIMER OF WARRANTIES
You expressly agree that use of the App is at your sole risk. The App is provided on an “as is” and “as available” basis.
Except as warranted in these Terms and Conditions, we expressly disclaim 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 & completeness, and any warranties relating to non-infringement.
We shall not be responsible or liable for the authenticity, accuracy, completeness, errors, omission, typographic errors, disruption, delay, interruption, failure, deletion, defect of any information, research, reports, analysis, quotes etc in this App or any part thereof.
We shall not incur any liability direct or indirect, to you or any third party, as a consequence of non-functioning of any equipment belonging to you, any third party or us. We shall not be responsible for any downtime of such equipment.
We do not do not warrant that access to the App will be uninterrupted, timely, secure, or error free; nor do we make any warranty as to the results that may be obtained from the App or as to the accuracy or reliability of the content contained therein.
We make no warranty regarding the transactions entered into through the App. No advice or information, whether oral or written, obtained by you from or through the app or any person shall create any warranty not expressly stated herein.
We shall not be liable for any action taken by you based on or relying on the information provided in or by the App.
We will not be liable for any virus that may enter your system as a result of you using the app. We make no guarantees to you or third parties that the content contained on the App would be virus free. We will not be liable for any direct, incidental or consequential loss, which may be caused to you as a result of your use of the App.
If you are dissatisfied with any portion of this app or with any of these Terms and Conditions, your sole and exclusive remedy is to discontinue using the App.
14. LIMITATION OF LIABILITY
Under no circumstances, including but not limited to negligence, shall Ensign Insurance Brokers, its employees and directors, its suppliers and its third party Advisors be liable to you 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 App, with the delay or inability to use this app or any links or items on the App, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through this App, or otherwise arising out of the use of this App, whether based on contract, tort, strict liability or other wise, or for cost of procurement of substitute goods and repair & correction services or resulting from the use of this App or obtained or messages received or transactions entered into through or from the App or resulting from unauthorized access to or alteration of your transmissions or data, even if we have been advised of the possibility of such damages.
You agree that we shall not be liable for any damages arising from interruption, suspension or termination of the App, 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 our liability to you for all damages, losses and causes of action (whether in contract or tort, including but not limited to, negligence) exceed the amount paid by you, if any, for accessing the App.
15. MODIFICATION OF THESE TERMS AND CONDITIONS
Ensign Insurance Brokers has the absolute discretion to amend or supplement any of these Terms at any time and will endeavor to give prior notice of five days for such changes wherever feasible. The modifications to the Terms shall be displayed on the Web site. In the case where the Customer no longer wishes to use the App on such new terms and conditions he/she is entitled to terminate his/her 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 App, the Customer 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 further use/access or visit to the App.
If any part of these Terms and Conditions are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms and Conditions shall continue in effect.
If you have any questions you may contact us at email@example.com, any written communication shall be addressed to the address of the Company first hereinabove mentioned.
19. EVENTS BEYOND OUR REASONABLE CONTROL
The Company will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
21. APPLICABLE LAW
Any dispute relating in any way to your visit to this Site shall be submitted to the exclusive jurisdiction of the courts at Chennai, Tamilnadu, India.