Terms & Conditions
“Company”; “Inso Quotient”; “us”; “we”; “our” shall meansInso Quotient Private Limited, a company registered under the Companies Act, 2013 having its registered office at D-77, Karam Pura, Shivaji Marg, New Delhi 110015 and Corporate Office at C-22, First Floor, C Block Community Centre, JanakPuri, New Delhi 110058
“Website” shall mean the websitewww.InsoQuotient.com, owned, operated and managed by the Company.
“Inso Quotient” collectively shall mean the website www.InsoQuotient.com, its mobile application(s), computer applications, tablet applications, software, services and other related internet based applications.
“Users” or “User” shall mean users that visit, access or get registered on the Website or Mobile App.
“User Account” shall be the account that the Users are required to create with the Website or Mobile App in order to avail the services of the Company.
“Services” of the Company, provided through the Website and Mobile Application etc include advisory, knowledge sharing and assistance services in insurance or financial and other related matters which includes creating accounts, uploading grievances, using various templatesetc to its Users for the purpose of avoiding frauds, risk management, claim money, grievance redressals assistanceetc
This document is an electronic record in terms of Information Technology Act, 2000, the rules thereunder as applicable, and the amended provisions thereof, pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require signature.
This document is published to set out the terms and conditions applicable to the User for accessing /using the domain name/ website – www.InsoQuotient.comand/or a downloadable mobile application and/or the proprietary software application, software, tablet applications, owned by Inso Quotient Private Limited (“Inso Quotient”) that provides the User with risk management services, claims money etc including but not limited to, providing appropriate views of business data, tracking of their business transactions, obtaining reports, helping in automating various communications. (“Inso Quotient”).
This document is a legally binding agreement between the User, who accesses the “Inso Quotient” for availing the Inso QuotientServices, acting by itself or through its employees, agents, advisors, representatives (collectively referred to as “you”, “your”, “User” hereinafter), for a commercial purpose only, and Inso Quotient Private Limited (referred to as “we”, “our” or “us” hereinafter).
2.RESPONSIBLE USE AND CONDUCT
It is hereby required to the User of Inso Quotient that they shall re-visit the Inso Quotient User Account Terms from time to time to stay abreast of any changes that the Inso Quotient may introduce. Though the Terms and in English language yet Inso Quotient may translate these Terms into other languages for convenience of the User. Nevertheless, the English version governs the relationship with Inso Quotient, and any inconsistencies among the different versions will be resolved in favour of the English version.
By impliedly or expressly accepting these Terms or by continuing to avail the Inso Quotient Services, you also accept and agree to be bound by any amendments, updates and modifications to the Terms and the other policies (including but not limited to, Terms & Conditions as maybe amended, updated and modified from time to time.Upon the User accepting these terms the Inso Quotient grants and the User accept a non-exclusive, non-transferable right to use the Inso Quotient services, submit data, view information, upload documents, access data, text and rateagree specifically for the following:
(i)You are responsible for maintaining the confidentiality and secrecy of any login information associated with any account you use to access our Inso Quotient. User will not share User Account or Password with anyone else. It simply means, you are responsible for all activities that occur under your accounts. The User agrees to be solely responsible and liable (to Inso Quotient, and others) for all activity that occurs under their User Account.
(ii) To use Inso Quotient to upload, submit, inform, view, access, analyze information, data, text, information, report etc.,
(iii)To share or grant permission to share such Records Data, Information
(iv) To subscribe to and view Record Dataor information uploaded and made available by other users;
(v)Avail services provided in the Inso Quotient related to the above after sign up and making applicable payments towards the charges prescribed by Inso Quotient including Success Fees;
(vi)Use online/offline payment services facilities given by Inso Quotient or through third-party service providers and agreed to such third party payment rules;
(vii) User accept, allow, permit,consent, toInso Quotient or persons authorized or official or permitted by Inso Quotient or other users of the Inso Quotientto use the Data submitted by the User in the manner provided Inso Quotient.
(viii)User allow and permit and authorise the Inso Quotient to use Data for commercial, non-commercial, analytical, investigation, analysis purposes or publications.
(ix) User allow and permitInso Quotient to Store Data for the period as per Inso Quotient’s policies and discretion and for designing its products and for providing its services.
(x) User promise to submit the truthful and genuine information, matters and documents and shall not violate any law, rules, government statute or contract including international laws. That the details submitted by you are true and correct and Inso Quotient can rely on it for providing the services sought by you through the Inso Quotient and any consequence of providing wrong information is at your own risk. Inso Quotient shall not have any responsibility or liability to you or any third party due to your acts or the information which you upload or any of its exploitation in the Inso Quotient.
(xi)The User agree and understand that the Inso Quotient has not made any representations or assurances or promises or guarantee on behalf of any parties and/ or authorities, government, regulatory bodies, and judicial authority.
(xii)Inso Quotient is in any way NOT associated with any Government Department and purely a private organisation to facilitate business functioning and advisory.
(xiii) User warrant,represent and agree that user is at least eighteen years of age fully capable and competent to understand and agree the terms and conditions.
(xiv) User has bought product or services for his/her or his family or his organisation or company for benefits
(xv)The User understands that whether or not Information is published, the Inso Quotient does not guarantee any confidentiality concerning the information of the User in the Inso Quotient. If the information is required to be maintained as confidential, The User is required to maintain the same. The Inso Quotient shall not liable or responsible for breach of User’s obligations. Further, by receiving the Information on Inso Quotient, it relies on the representation that the User has shared it in compliance with law and contract applicable for such acts.
(xvi)The User grant to Inso Quotient and/or the other users of Inso Quotient (as may be agreed by Inso Quotient) a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, store, adapt, data mining, publish, translate and distribute Information on and concerning Inso Quotient and any successor website / reproduce, store, government. The User also grants to Inso Quotient the right to sub-license the rights licensed to the Inso Quotient under this section.
(xvii)The User understands and agrees that the Information uploaded may be used by any third person. The Inso Quotient shall be entitled to disclose the source at its sole discretion.
(xviii)The User also understands and agrees that they are solely responsible for their Information and the consequences of posting or publishing it. Inso Quotient does not endorse any information or any opinion, recommendation, or advice expressed therein, and the Inso Quotient expressly disclaims all ownership and liability in connection with Information or use of it by any person.
(xix) You represents, warrants and agrees that you shall be solely responsible for obtaining all necessary third party licenses and permissions (if any required) regarding any User Content that you submit, post or display and that User does not infringe or violate any of the copyright, patent, trademark, trade name, trade secrets or any other personal rights of any third party.
(xx)User will share any third-party Information shared is with due consent and permission from the concerned person. The Inso Quotient will not be in any manner responsible for any such activities done by user.
(xxi) User shall cooperate in any investigation or information sought by any government agency if any
(xxii) The User agrees and undertakes to indemnify, defend and hold harmless Inso Quotient and all its officers, directors, promoters, employees, agents, and representatives against any and all loss and claims arising from any Information uploaded on Inso Quotient or by use of Inso Quotient.
User represent, warrant, assure and agree that User will not:
(i) to use Inso Quotientfor any illegal purposes or activities;
(ii) to upload any promotional material or advertisement to the User Account;
(iii) post or transmit any message, data, image, malware, virus or program which violates any law or IT policy;
(iv) Infringe Inso Quotient’s or any third party’s intellectual property rights or privacy;
(v) User will not copy, reproduce, download, re-publish, sell, distribute, or resell any Inso Quotient services or any information, text, images, graphics, video clips, files, database etc and not being User’s own proprietary information without the written permission from the Inso Quotient.
(vi) User will not share any information and data on Inso Quotient which does not belong to him or which is illegal, harmful, harassing, defamatory, obscene, pornographic, libellous, invasive of anothers’s privacy.
(vii) Upload any information which is in contempt of any court or breach of any court order; or discriminates based on age, sex, religion, race, gender; harassing, invasive of another’s privacy, blasphemous; in breach of any contractual obligations or consists of or contains any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage; or constitutes spam; or is grossly harmful, offensive, deceptive, fraudulent, threatening, abusive, hateful, harassing, anti- social, menacing, hateful, discriminatory or inflammatory; or causes annoyance, inconvenience or needless anxiety to any person; or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or harm minors in any way or otherwise unlawful in any manner whatever;
(viii) will not upload any matter/case/grievance which is already under consideration and pending with any hon’ble Court or Tribunal;
(ix) Not to upload any information that threatens the unity, safety, integrity, defense, security or sovereignty of any country, or public order or causes incitement to the commission of any cognizable offense or prevents investigation of any offense or is insulting any nation; against any caste or religion or group of people,
(x) by any means, uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code or file with contaminating or destructive features;
(xi) Use any robot, spider, other automatic devices, or manual process to monitor or copy Inso Quotient
(xii) Interfere or disrupt Inso Quotient or networks connected therewith;
(xiii) Take any action that imposes an unreasonably or disproportionately large load on Inso Quotient’s infrastructure/network;
(xiv) Use any device, software or routine to bypass Inso Quotient’s robot exclusion headers, artificial intelligence or interfere or attempt to interfere, with Inso Quotient;
(xv)Sell/ sub-license the Information or data, or software associated with or derived from the Inso Quotient;
(xvi) Use the facilities and capabilities of the Inso Quotient to conduct any activity or solicit the performance of any illegal activity or other activity which infringes the rights of others;
(xvii) Breach any terms or any other policy of the Inso Quotient;
(xviii) Provide false, inaccurate, or misleading information to the Inso Quotient.
4.LIMITATION OF LIABILITY
(i) In conjunction with the Limitation of Warranties , you expressly understand and agree that any claim against us shall be limited to the amount you paid, if any, for use of products and/or services. www.InsoQuotient.com or its parent company Inso Quotient Pvt Ltd will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by you as a result of using our Inso Quotient, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply.
(ii) To the maximum extent permitted by law, the Inso Quotient provided by Inso Quotient Pvt Ltd are provided by “as is”, “as available” and “with all faults”, and Inso Quotient hereby expressly disclaims any and all warranties, express or implied, including but not limited to, any warranties of conditions, quality, durability, performance, accuracy, reliability, fitness or merchantability for a particular purpose. All such warranties, representations, conditions an undertaking are hereby excluded.
(iii) To the maximum extent permitted by law, Inso Quotient makes no representations or warranties or guarantee about the validity, accuracy, correctness, reliability, quality, stability, completeness, or accurateness of any information provided on or through Inso Quotients.
(iv) Notwithstanding the above, and more specifically, Inso Quotient shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, injury, costs, claims, penalties, fines, liabilities, expenses, including all court costs, court fees and legal fees arising out of:
Use or inability to use the Inso Quotient Services and Inso Quotient;
Cost of getting substitute services;
any data, information or services purchased or obtained or messages received or transactions entered into while availing Inso Quotient Services and Inso Quotient .
disruption or delay in accessing the Inso Quotients and/or availing the Inso Quotient Services for any reason including internet failures, electrical power failures, computer, telecommunications or any other equipment failures, whether attributable to Inso Quotient, User or any of User’s business affiliates’;
any edits made to the communications sent by the User, using the Inso Quotients and Inso Quotient Services;
any payments / collections or financial / business transactions pursuant to the use of the Inso Quotient Software.
(iv) To the fullest extent permitted by law, the aggregate liability of Inso Quotient and Inso Quotient’s officers, directors, partners, employees and other representatives, for any and all claims, losses, costs, damages of any nature whatsoever or claims expenses from any cause or causes, including attorneys’ fees and other costs shall be limited to the value of the loss or maximum of INR 5000 (Indian Rupees Five Thousand only) whichever is less. It is intended that this limitation shall apply to any and all liability or cause of action however alleged or arising unless otherwise prohibited by law.
5.TERMINATION OF USE
You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our website and Inso Quotient with or without notice and for any reason, including, without limitation, breach of this User Agreement. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Inso Quotient will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.
6.NO WRRANTIES, LIABILITY, INDEMNIFICATION
By agreeing to this Inso Quotient User Account Terms the User consent to the following
(i) The Inso Quotient gives or makes no representation or warranty (either express or implied) as to the suitability of web-application or software or technology integrations or services or its contents for any purpose or the completeness, accuracy, reliability, security or availability nor do they accept any responsibility arising in any way.
(ii) The Inso Quotient in no event shall be liable to a User (or to any third party claiming under a User or otherwise) for any indirect, special, incidental, consequential, or exemplary damages arising from the use of, or inability to use Inso Quotient. These exclusions would apply to any claims for loss of revenue or profits, lost data, loss of goodwill, work stoppage, computer failure or malfunction, or any other commercial damages or losses, even if the Inso Quotient knew or should have known of the possibility of such damages.
(iii) The User agrees to defend, indemnify and hold Inso Quotient, and parties/persons acting under it harmless from and against:
(A) Any claims, actions, demands, liabilities, judgments, and settlements, including without limitation, reasonable legal fees resulting from or alleged to result from the use of Inso Quotient in any manner;
(B) Any loss, costs, damages, expenses, and liability caused by the use of Inso Quotient;
(C) Violation of any rights of a third party through the use of Inso Quotient; and
(D) Any indirect, special, incidental, remote, punitive, exemplary, or consequential damages arising out of User’s acts.
By accepting the terms of this Inso Quotient User Account Terms, the User agrees as follows:
(i) The Inso Quotient shall be entitled to charge membership fees, license fee or service fee, success fees or subscription fee or such other fee for services offered by the Inso Quotient.
(ii) The service terms applicable for the particular service or a schedule of charges in the Inso Quotient shall have the applicable license fee or service fee or subscription fee or such other fee (as may be applicable).
(iii) The fee paid by the User to the Inso Quotient shall not be refundable or adjustable.
(iv) The fee shall be paid along with the applicable taxes, cess, duties fee, statutory fees etc(including Goods and Service Tax).
(v) The User shall produce proof of tax withholding/deductions made to comply with applicable law.
(vi) The User shall not be entitled to a service through the Inso Quotient due to non-payment of a fee; the User may need to comply with other norms.
(vii)In case of non-payment of any fee the user may be prohibited from accessing and using Inso Quotient.
8.REFUND AND CANCELLATION POLICY
A request once made by User shall not be cancelled and no charges relating to such order shall be refundable or adjustable
- PAYMENT OPTIONS
The various terms & conditions for payments are as follow;
(a) Inso Quotient may provide options to make payment for services from and through the Inso Quotient or for services from third parties.
(b) It is informed to the User that the Inso Quotient may use third parties for facilitating such payments possible, the transaction for making payments will be further subject to the terms of such third parties and the banks or NBFCs involved in the payment processing.
(c) The User is also informed that the request and the process of making payment and/or payment made shall be irrevocable and unalterable and shall take most of the care to ascertain each detail.
(d) The User shall understand that the Inso Quotient does not undertake to refund the same or arrange to refund the same. The User shall be solely responsible and liable for such payments.
(e) The User agrees to pay the success fees as per plan opted by them and will pay the thus payment to Inso Quotient through netbanking or any other medium. .
(f) The Inso Quotient disclaims any liability on behalf of the banks, payment service providers, network, or any other person or ambiguity in the payment process of failure of transaction or non-refund, etc.
- TERMINATION WITHOUT PREJUDICE TO ANY OTHER RIGHTS
The Inso Quotient may terminate this Inso Quotient User Account Terms if a User fails to comply with any terms or condition of this Inso Quotient User Account Terms or in case Inso Quotient wish to withdraw any access or services for any reasons.
- LAW, JURISDICTION AND DISPUTE RESOLUTION
(a) The laws of India, without regard to its conflict of laws rules, will govern these Inso Quotient User Account Terms, as well as User’s and Inso Quotient’s observance of them.
(b) If User take any legal action relating to User’s use of the Inso Quotient or these terms, the same shall be subject to the exclusive jurisdiction of courts located in Delhi, India.
(c) In case the User has any disputes with the Inso Quotient, User may raise User’s issues to the Inso Quotient and request for mediation.
(d) If the matter is not resolved through such mediation, the same may then be settled by Arbitration by a single Arbitrator appointed by the Inso Quotient. The Arbitration shall be held following the provisions of the Arbitration and Conciliation Act, 1996. The language of the Arbitration shall be in English, and the place of Arbitration shall be Hyderabad India.
- BREACH OF THE END USER TERMS
Without prejudice to Inso Quotient’s other rights, if User breach any of the terms and, in any way, or if Inso Quotient suspect that User has breached these terms in any way, Inso Quotient may
(i) Send User one or more formal warnings/notices;
(ii) Temporarily suspend User’s access to Inso Quotient and services;
(iii) Permanently prohibit User from accessing Inso Quotient and services;
(iv) Block computers using User’s IP address from accessing Inso Quotient and services;
(v) Initiate legal action against User, whether for breach of contract or recovery of amounts due or damages or otherwise;
(v)Notwithstanding anything to the contrary contained this these terms after termination or suspension of services or discontinuance of User Account on Inso Quotient pursuant to User’s breach or otherwise, User will not be entitled to refund of any fee or charges paid, nor shall be discharged from any pending obligation accrued in favor or Inso Quotient or by availing any services through Inso Quotient.
- FORCE MAJEURE
(i) Under no circumstances shall Inso Quotient Pvt Ltd be held liable for any delay or failure or disruption of the content or services delivered through the Inso Quotients and/or operation of the Inso Quotient, resulting directly or indirectly from acts of nature, forces or causes beyond our reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labordisputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, epidemics, pandemics, lock-downs, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.
- INTELLECTUAL PROPERTY RIGHTS
(i) Inso Quotientis the sole owner or lawful licensee of all the rights and interests in the Inso Quotient, and the Inso Quotient Software content. All title, ownership and intellectual property rights in the Inso Quotients and the Inso Quotient Software Content shall remain with Inso Quotient Pvt Ltd or licensors of the Inso Quotient Software Content, as the case may be. All rights not otherwise claimed under the Terms or by Inso Quotient are hereby reserved.
(ii) “Inso Quotient” and any other related icons and logos are service marks of Inso Quotient Private Limited, in various jurisdictions and are protected. The unauthorized copying, modification, use or publication of these marks is strictly prohibited.
- DECLARATION :
Inso Quotient or Inso Quotient Website is not a Government body or portal. Its purely a private organisation to facilitate and advise and assistance in financial and insurance related matters.
- NOTICES ;
(i) All legal notices or demands to or uponInso Quotient Pvt Ltd shall be made in writing and sent to Inso Quotient personally, by courier, certified mail, or facsimile to the following entity and address: Inso Quotient Private Limited, C-22, First Floor, C Block Community Centre, JanakPuri, New Delhi 110058
Attention: Legal Department. The notices shall be effective when they are received by Inso Quotient in any of the above-mentioned manner.
(ii) All legal notices or demands to or upon a User shall be effective if either delivered personally, sent by courier, certified mail, by facsimile or email to the last-known correspondence, fax or email address provided by the User to Udaan, or SMS, WhatsApp messages, or in-app notifications, or by posting such notice or demand on an area of the Inso Quotients that is publicly accessible without a charge or through such other mode of communication as Inso Quotient may deem fit in its discretion. Notice to a User shall be deemed to be received by such User if and when, a) Inso Quotient is able to demonstrate that communication, whether in physical or electronic form, has been sent to such User, or b) immediately upon Inso Quotientposting such notice on an area of the Inso Quotient that is accessible by the User or publicly accessible without charge .
- GENERAL PROVISIONS
(i) Subject to any terms & conditions, the Terms constitute the entire agreement between User and Inso Quotient with respect to and govern User’s use of the Inso Quotients and Inso Quotient Services, superseding any prior written or oral agreements in relation to the same subject matter herein.
(ii) Inso Quotient and User are independent contractors, and no agency, partnership, joint venture, employee-employer relationship is intended or created by the Terms.
(iii) If any provision of the Terms is held to be invalid or unenforceable, such provision shall be deleted and the remaining provisions shall remain valid and be enforced.
(iv) Inso Quotient’s failure to enforce any right or failure to act with respect to any breach by User under the Terms will not constitute a waiver of that right nor a waiver of Inso Quotient’s right to act with respect to subsequent or similar breaches.
(v) Inso Quotient shall have the right to assign the Terms (including all of our rights, titles, benefits, interests, and obligations and duties in the Terms to any person or entity (including any affiliates of Inso Quotient). User may not assign, in whole or part, the Terms to any person or entity.
(vi) The Terms shall be governed by the laws of India and the parties to the Terms agree to submit to the exclusive jurisdiction of the courts of Delh, India.