Updated effective from 8th December 2020
This Site/Application/Services is/are operated/provided by Acko General Insurance Limited.
Acko’s performance to this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of Acko’s right to comply with governmental, court and law enforcement directions relating to the use of this Site/Application or information provided to/gathered by Acko vis-à-vis such use.
Acko may introduce new services in relation to the Site/Application from time to time. The existence and availability of the new services will be notified on the Site/Application as and when they become available and any revisions in the Terms & Conditions will take place in accordance with these Terms & Conditions. In addition, Acko may also publish notices of general nature, which are applicable to all visitors or Customers in a newspaper or on its Site/Application. Such notices will have the same effect as a notice served individually to each visitor or Customer.
All of the defined and capitalized terms in these User Terms will have the meaning assigned to them here below:
(i) “Account” shall mean the account created by the Customer on the Application for availing the Services provided/facilitated by Acko.
(iii) “Applicable Laws” shall mean and include all applicable statutes, enactments, acts of legislature or parliament, laws, ordinances, rules, by-laws, regulations, notifications, guidelines, policies, directions, directives and orders of any governmental authority, tribunal, or a court of India.
(iv) “Application” shall mean our mobile application and/or website as updated by Acko from time to time.
(v) “Customer/ You/User” shall mean and include:
- A medical practitioner or healthcare/wellness provider (whether an individual professional or an organization) or similar institution wishing to be listed, or already listed, and providing healthcare services, on the Site/Application, including designated, authorised associates of such practitioners or institutions (“Practitioner(s)”, “you” or “User”); or
- A patient, availing this service on his/her consent, being or not being sponsored/promoted by any organisation/body to utilise the services through the Site/Application, his/her representatives or affiliates, searching for availing health and medical services through the Site/Application; or.
- Otherwise a user of the Site/Application who has an Account on the Site/Application (“End User”).
- A visitor of the Site/Application.
(vi) “Force Majeure Event” shall mean any and all events arising due to any cause beyond the reasonable control of Acko.
(vii) “Acko” or “us” or “we” or “our” shall mean Acko General Insurance Limited, a company incorporated under the provisions of the Companies Act, 2013 and having its registered office at 2nd Floor, #36/5, Hustlehub One East, Somasandrapalya, 27th Main Rd, Sector 2, HSR Layout, Bengaluru, Karnataka 560102, which expression shall, unless it be repugnant to the context or meaning thereof, be deemed to mean and include all its successors, affiliates and permitted assigns.
(viii) “Registration Data” shall mean and may include the present, valid, true and accurate name, email ID, phone number and such other information as may be required by Acko from the Customer from time to time for registration on the Application.
(ix) “Services” shall mean the various categories of Services including the following made available through the Site/Application:
- For Practitioners: Outreach of Practitioners and their profiles along with options made available to the other Users and visitors of the Site/Application for teleconsultations;
- For other Users: Facility to
- create and maintain ‘Health Accounts’ and upload claim requests track the progress of the same;
- search for Practitioners by specialty, services offered or any other criteria that may be developed and made available by Acko;
- make appointments with Practitioners;
- interact with healthcare chatbot; and
- To avail other services offered by Acko and its partners, like but not limited to, medicine delivery, diagnostics, home-healthcare, track fitness activities and health vitals, etc.
- Insurance related services/consulting services.
(xviii)“Site” shall mean the Application and the website operated by Acko or any other software that enables the use of the Site/Application or such other URL as may be specifically provided by Acko.
(xviii) “T&Cs” and “User Terms” shall mean these Customer terms and conditions.
You will be “Eligible” to use the Services only when You fulfil all of the following conditions: (i) You have attained at least 18 (eighteen) years of age. (ii) You are competent to enter into a contract under the Applicable Laws.
If You reside in a jurisdiction that restricts the use of the Service because of age, or restricts the ability to enter into contracts such as this User Terms due to age, You must abide by such age limits.
- REGISTRATION/MEMBERSHIP AND MANNER OF USAGE OF ACCOUNT
3.1 You understand and acknowledge that You can register on the Site only after complying with the requirements of this Clause 3 and by entering Your Registration Data.
3.2 You shall ensure that the Registration Data provided by You is accurate, complete, current, valid and true and is updated from time to time. We shall bear no liability for false, incomplete, old or incorrect Registration Data provided by You.
3.3 You are solely responsible for maintaining the confidentiality of Your Registration Data and will be liable for all activities and transactions that occur through Your Account, whether initiated by You or any third party. Your Account cannot be transferred, assigned or sold to a third party. We shall not be liable for any loss that You may incur as a result of someone else using Your password or Account, either with or without Your knowledge.
3.4 We reserve the right to suspend or terminate Your Account with immediate effect and for an indefinite period, if We have a reason to believe that the Registration Data or any other data provided by You is incorrect or false, or that the security of Your Account has been compromised in any way, or for any other reason We may find just or equitable.
3.5 Except for the Registration Data or any other data submitted by You during the use of any other service offered through Site (“Permitted Information”), Acko does not want You to, and You should not, send any confidential or proprietary information to Acko on the Site or otherwise, unless otherwise is required by Applicable Laws. In accepting these User Terms You agree that any information or materials that You or individuals acting on Your behalf provide to Acko other than the Permitted Information will not be considered confidential or proprietary.
3.6 It is Your responsibility to check to ensure that You download the correct application for Your device. We are not liable if You do not have a compatible mobile device or if You download the wrong version of the Application for Your mobile device. We reserve the right to terminate the Service and the use of the Application should You be using the Service or Application with an incompatible or unauthorized device.
3.7 We allow You to open only one Account in association with the Registration Data provided by You. In case of any unauthorized use of Your Account please immediately reach Us a [email protected]. In case, You are unable to access Your Account, please inform Us at [email protected] and make a written request for blocking Your Account. We will not be liable for any unauthorised transactions made through Your Account prior to the expiry of 72 (seventy-two) hours after You have made a request in writing for blocking Your Account, and shall not have any liability in case of Force Majeure Events.
3.8. By using the Application or the Service, You further agree that: (i) You will only use the Service or download the Application for Your sole, personal use and will not resell or assign it to a third party; (ii) You will not use an account that is subject to any rights of a person other than You without appropriate authorization; (iii) You will not use the Service or Site for unlawful purposes; (iv) You will not try to harm the Service, Site or our network in any way whatsoever; (v) You will provide Acko with such information and documents which Acko may reasonably request; (vi) You will comply with all Applicable Law from Your country of domicile and residence and the country, state and/or city in which You are present while using the Site or Service; and (vii) You are aware of and shall comply with the Information Technology Act, 2000 and the rules, regulations and guidelines notified thereunder.
3.9. Acko reserves the right to immediately terminate the Service and the use of the Application in the event of non-compliance with any of the above requirements. Further, Acko will store the information provided by You or record your calls for contacting You for all Service related matters including obtaining feedback in relation to the Services provided/facilitated through the Site/Application. You shall promptly inform Acko on any change in the information provided by You.
3.10. Acko or an authorised representative of Acko, shall provide information regarding services, discounts and promotions provided by Acko to You by way of an SMS or email to Your registered mobile number/registered email ID. You also have the option to discontinue receiving such information at any point of time. To discontinue receiving such information, You may at any point of time visit the specific link provided in the Site/Application to discontinue the same.
3.11. ACKO WILL BE ENTITLED TO PROCESS AND TRANSFER YOUR INFORMATION AS AND WHEN IT DEEMS FIT AND IT MAY STORE OR TRANSFER YOUR INFORMATION IN A SERVER OUTSIDE INDIA OR THE COUNTRY WHERE YOU ARE LOCATED IN ORDER TO PERFORM ACKO’S OBLIGATIONS UNDER THESE CUSTOMER T&C.
3.12. You agree to grant Acko a non-exclusive, worldwide, perpetual, irrevocable, royalty- free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights You have in your information, in any media now known or not currently known, with respect to Your information. YOU AGREE AND PERMIT ACKO TO SHARE YOUR INFORMATION AND/OR PERMITTED INFORMATION, WITH THIRD PARTIES.
3.13. You agree and permit Acko to share any information provided by You with third parties in order to facilitate provision of Services including certain value-added/ancillary services offered by such third parties to You and/or to provide Services including certain value-added services to You by Acko. You hereby expressly consent to receive communications from Acko / third parties offering Services/value-added services to You through Your registered phone number and/or e-mail id and/or the Site. You agree that You will not hold Acko responsible for any such communications received from third parties, nor will any such communication amount to spam, unsolicited communication or a violation of Your registration on the national do not call registry. Further, you agree that Acko may contact you through telephone, email, SMS, or any other electronic means of communication for the purpose of:
- Obtaining feedback in relation to Site/Application or Acko’s services, including chatbot; and/or.
- Obtaining feedback in relation to any Practitioners listed on the Site/Application; and/or.
- Connecting for any further details like diagnostics, medicine delivery requests, product redemptions, consultation management, etc.
- Resolving any complaints, information, or queries by Practitioners regarding your critical content;
- and you agree to provide your fullest cooperation further to such communication by Acko.
- All claim payouts/reimbursement, cashless etc. will be as per our policy as applicable to Customers.
- The Site/Application is deemed to be in use when it is loaded in a temporary or permanent memory of Your computer/Mobile or any other electronic gadget.
- All transactions, which cannot be carried out instantaneously, shall be carried out during working hours either on the same day or on the next working day or such further period as may be determined and/or specified by Acko depending upon the time of logging of the transaction. All transactions that are carried out by and on behalf of the Customer shall be subject to Government notifications, the rules, regulations and guidelines issued by the Insurance Regulatory and Development Authority, the Reserve Bank of India, and those of other regulatory bodies defining rules/regulations governing the offer of any service on the Site/Application.
- PRACTITIONER UNDERTAKING
The Practitioner is and shall be duly registered, licensed and qualified to practice medicine/ provide health care, wellness services, as per applicable laws/regulations/guidelines set out by competent authorities and the Practitioner shall not be part of any arrangement which will prohibit him/her from practicing medicine within the territory of India. The Practitioner shall at all times ensure that all the applicable laws that govern the Practitioner shall be followed and utmost care shall be taken in terms of the consultation/ services being rendered via the Site/Application. Acko shall not be responsible for ensuring authenticity of the documents submitted by the Practitioners for listing on the Site/Application and shall not be liable in any manner whatsoever in case forged or incorrect documents are submitted by such Practitioners.
- APPOINTMENT BOOKING AND INTERACTION WITH PRACTITIONERS
5.1 While Acko will try to ensure a confirmed on-time appointment for an End-User who requested an appointment on Site/Application, Acko does not guarantee that a patient will get a confirmed appointment. Further, Acko has no liability if such appointment is confirmed but later cancelled by Practitioners, or the Practitioners are not available as per the given appointment time over text, video, audio or in-person.
5.2 You understand and agree that any interactions and associated issues with other Users including but not limited to your health issues and your experiences is strictly between you and the other Users. You shall not hold Acko responsible for any such interactions and associated issues. For avoidance of doubt, Acko is not involved in providing any healthcare or medical advice or diagnostic services and is merely a facilitator of the same through the Site/Application and hence is not responsible for any outcome between you and the Practitioner you interact with, pursuant to any interactions on the Site/Application. Your decision to engage with a Practitioner or chatbot for receiving medical services from him/her is at your own risk. The results of any search you perform on the Site for Practitioners should not be construed as an endorsement by Site/Application of any such particular Practitioner. Acko, shall not be responsible for any breach of service or service deficiency by any Practitioner/chatbot. We cannot assure nor guarantee the ability or intent of the Practitioner(s) and chatbot (in any manner possible) to fulfil their obligations towards you, although we will take complete measures to ensure your satisfaction with the Practitioner/chatbot. Acko also advises you to perform your own investigation prior to selecting a Practitioner or start the use of chatbot.
5.3 Without prejudice to the generality of the above, Acko, will not be liable for:
i) any wrong medication or treatment quality being given by the Practitioner(s), or any medical negligence on part of the Practitioner(s);
ii) any type of inconvenience suffered by the User due to a failure on the part of the Practitioner to provide agreed services or to make himself/herself available at the appointed time, inappropriate treatment, or similar difficulties;
iii) cancellation or rescheduling of booked appointment;
iv) any medical eventualities that might occur subsequent to using the services of a Practitioner, whom the User has selected on the basis of the information available on the Site Application or with whom the User has booked an appointment through the Site/Application.
v) Any error in the medical reports provided by the associated bodies/partners/service providers;
5.4 Further, Acko shall not be liable, under any event, for any comments or feedback given by any of the Users in relation to the services provided by another User. The option of Users to give feedback remains at Acko’s sole discretion and may be modified or withdrawn at its sole discretion. Acko may moderate such feedback at any time. Acko shall not be obliged to act in any manner to give effect to the content of Users’ feedback, such as suggestions for delisting of a particular Practitioner from the Application/Site.
5.5 Acko collects, directly or indirectly, and displays on the Site/Application, relevant information regarding the profile and practice of the Practitioners/service providers listed on the Site/Application, such as their specialisation, qualification, fees, location, visiting hours, and similar details. Acko takes reasonable efforts to ensure that such information is updated at frequent intervals. Although Acko screens and vets the information and photos submitted by the Practitioners, Acko cannot be held liable for any inaccuracies or incompleteness represented from it, despite such reasonable efforts.
- (A) CONSULTING SERVICES
6.1 Any decisions to purchase any policy/product of Acko will be based solely on Your independent evaluation of the policies/products of Acko, and Your need for the same. You have the responsibility to determine whether the policies/products offered by Acko satisfy Your requirements. It is Your responsibility to evaluate the completeness, accuracy or usefulness of any opinion, guidance or other content made available on the Site/Application and You should consult Your own legal counsel, business advisor and tax advisor as to the legal, business, tax and related matters concerning any policies with respect to which guidance is sought or given. We have provided the relevant information in relation to the policies/products on the Site/Application.
In the event You require any further information or assistance, he/she may contact us at [email protected]
- NO DOCTOR PATIENT RELATIONSHIP FOR EMERGENCY USE
6.2Please note that some of the content, text, data, graphics, images, information, suggestions, guidance, and other material (collectively, “Information”) that may be available on the Site/Application (including information provided in direct response to your questions or postings) may be provided by individuals in the medical profession. The provision of such Information does not create a licensed medical professional/patient relationship, between Acko and you and does not constitute an opinion, medical advice, or diagnosis or treatment of any particular condition, but is only provided to assist you with locating appropriate medical care from a qualified practitioner.
6.3 It is hereby expressly clarified that, the Information that you obtain or receive from Acko, and its employees, contractors, partners, sponsors, advertisers, licensors or otherwise on the Site/Application, including chatbot, is for informational purposes only. We make no guarantees, representations or warranties, whether expressed or implied, with respect to professional qualifications, quality of work, expertise or other information provided on the Site/Application. In no event shall Acko be liable to you or anyone else for any decision made or action taken by you in reliance on such information.
6.4The Services are not intended to be a substitute for getting in touch with emergency healthcare, like suicidal tendencies and severe mental ailments. If you are an End-User facing a medical emergency (either on your or a another person’s behalf), please contact an ambulance service or hospital directly.
- APPLICATION LICENSE
7.1 Subject to Your compliance with these User Terms, Acko grants You a limited, revocable, non-exclusive, non-transferable and non-sub-licensable license to download and install a copy of the Application on a single mobile device that You own or control and to run such copy of the Application solely for Your own personal use and to use the Site.
7.2. You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service or Site in any way; (ii) modify or make derivative works based upon the Service or Application; (iii) create Internet “links” to the Service or “frame” or “mirror” any Site on any other server or wireless or Internet-based device; (iv) reverse engineer or access the Site in order to (a) design or build a competitive product or service, (b) design or build a product using similar ideas, features, functions or graphics of the Service or Site, or (c) copy, reproduce, record, or make available to the public any ideas, features, functions or graphics of the Service or Site, or (v) launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Service or Site.
7.3. You shall not: (i) send spam or otherwise duplicative or unsolicited messages in violation of Applicable Laws; (ii) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or violative of third party privacy rights; (iii) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (iv) interfere with or disrupt the integrity or performance of the Site, the Application or Service or the data contained therein; or (v) attempt to gain unauthorized access to the Site, the Application or Service or its related systems or networks.
7.4 Acko will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Acko may involve and cooperate with law enforcement authorities in prosecuting Users who violate these User Terms. You acknowledge that Acko has no obligation to monitor Your access to or use of the Site, or posted content, but has the right to do so for the purpose of operating the Site and Service, to ensure Your compliance with these User Terms, or to comply with Applicable Law or the order or requirement of a court, administrative agency or other Governmental body. Acko reserves the right, at any time and without prior notice, to remove or disable access to any content that Acko, at its sole discretion, considers to be in violation of these User Terms or otherwise harmful to the Site, the Service or Application.
- FORCE MAJEURE
We shall not be liable for any failure to perform any obligations under this User Terms, if the performance is prevented, hindered or delayed by a Force Majeure Event and in such case our obligations under this User Terms shall be suspended for so long as the Force Majeure Event continues.
By accepting these User Terms and using the Service, You agree that You shall defend, indemnify and hold Acko, its affiliates, their licensors, and each of its officers, directors, other users, employees, attorneys, Practitioners, third party service providers and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with: (a) Your violation or breach of any term of these User Terms or any Applicable Law or regulation, whether or not referenced herein; (b) Your violation of any rights of any third party \or (c) Your use or misuse of the Application or Service.
- LIMITATION OF LIABILITY
10.1. The information, recommendations and/or Services provided to You on or through the Site/ Application are for general information purposes only and does not constitute advice. Acko will reasonably keep the Site/Application and its contents correct and up to date but does not guarantee that (the contents of) the Site is free of errors, defects, malware and viruses or that the Site is correct, up to date and accurate.
10.2. Acko shall not be liable for any damages resulting from the use of or inability to use the Site/Application, including damages caused by wrong usage of the Site, error in call centre number, network issues, malware, viruses or any incorrectness or incompleteness of the Information or the or Application.
10.3 In no event shall Acko shall be liable for:
- provision of or failure to provide all or any service by Practitioners or listed third parties to users contacted or managed through the Site/Application;
- any content posted, transmitted, exchanged or received by or on behalf of any user or other person on or through the Site/Application;
- any unauthorized access to or alteration of your transmissions or data; or
- any other matter relating to the Site/Application or the Service.
10.6. If Applicable Law does not permit the exclusion of certain warranties or the limitation or exclusion of liability, the scope and duration of such warranty exclusions and the extent of the liability of Acko shall be the minimum permitted under Applicable Law.
10.7 Under no circumstances, including but not limited to negligence, shall Acko, 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 Site/Application, with the delay or inability to use this Site/Application or any links or items on the Site/Application, the provision of or failure to provide Services, or for any information, software, products, services and related graphics obtained through this Site/Application, or otherwise arising out of the use of this Site/Application, whether based on contract, tort, strict liability or otherwise, or for cost of procurement of substitute goods and repair & correction services or resulting from the use of this Site/Application or obtained or messages received or transactions entered into through or from the Site/Application 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.
10.8You agree that we shall not be liable for any damages arising from interruption, suspension or termination of the Site/Application, 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 Site/Application. Policy/ies are marketed and/or distributed solely by Acko and are not in any way associated to or being sold, marketed or offered for sale by the Payment Gateway Service provider and the Payment Gateway Service provider shall not be liable for the same.
10.9All transactions that are carried out by and on behalf of the Customer shall be subject to Government notifications, the rules, regulations and guidelines issued by the Insurance Regulatory and Development Authority, the Securities and Exchange Board of India, the Reserve Bank of India, and those of other regulatory bodies defining rules/regulations governing the offer of any service on the Site/Application. Acko does not guarantee or warranty that there will be uninterrupted access to and/or use of the Payment and Delivery Mechanism. Acko shall not be liable if any transaction does not fructify or may not be completed or for any failure on part of Acko to perform any of its obligations under these Terms & Conditions or those applicable specifically to its services/facilities if performance is prevented, hindered or delayed by a Force Majeure event (defined below) and in such case its obligations shall be suspended for so long as the Force Majeure event continues.
- THIRD PARTY WEBSITES
The Site/Application may be linked to the website of third parties, affiliates and business partners. However, we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked website, unless specifically stated herein. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their websites. We do not assume any responsibility or liability for the actions, products, services, and content of any other third parties. You should carefully review the legal statements and other conditions of use of any website which you access through a link from this Site/Application. Your linking to any other off-site websites is at your own risk.
Acko has no control over, and not liable or responsible for content, accuracy, validity, reliability, quality of such websites or made available by/through our Site/Application. Acko assume no responsibility, and shall not be liable for, any damages to, or viruses that may infect Your equipment or access to Your account, use of, or browsing the Site/Application or the downloading of any material, data, text, images, video content, or audio content from the Site/Application. If You are dissatisfied with the Site/Application, Your sole remedy is to discontinue using the Site/Application.
Acko shall not be liable, at any time, for any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communications line failure, theft or destruction or unauthorized access to, alteration of, or use of information contained at the Site/Application.
Acko reserves the rights to display sponsored ads on the Site/Application. Without prejudice to the status of other content, Acko shall not be liable for the accuracy of information or the claims made in the Sponsored Listings. Acko does not encourage the Users to visit the Sponsored Listings page or to avail any services from them. Acko will not be liable for the services of the providers of the Sponsored Listings. You represent and warrant that you will use these Services in accordance with applicable law. Any contravention of applicable law as a result of your use of these Services is your sole responsibility, and Acko accept no liability for the same.
- INTELLECTUAL PROPERTY OWNERSHIP
12.1. Acko alone (and its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to (i) the Site, Application, product, Service and any suggestions, ideas, enhancement requests, feedback, recommendations or any other offering; (ii) text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code; or (iii) other information provided by You or any other party relating to the Site, Application or the Service. Third party trademarks may appear on this Site/ Application and all rights therein are reserved to the registered owners of those trademarks. For use of any third party’s intellectual property, You need to get permission directly from the owner of the intellectual property for any use.
12.2. These User Terms do not constitute a sale and do not convey to You any rights of ownership in or related to the Site, the Application or the Service, or any intellectual property rights owned by Acko. You shall be solely responsible for any violations of any laws and for any infringements of any intellectual property rights caused by use of the Services or the Site/ Application.
- TERM AND TERMINATION OF USER TERMS
13.1. Unless terminated, the Agreement between Acko and You is perpetual in nature upon downloading the Application and availing the Services through the Site/Application.
13.2. You are entitled to terminate the Agreement at all times by deletion of Your Account, thus, disabling the use by You of the Site/Application. You can close Your Account at any time by following the instructions on the Site/Application.
13.3 Acko reserves the right to suspend or terminate a User’s access to the Site/Application and the Services with or without notice and to exercise any other remedy available under law, in cases where,
i) Such User breaches any terms and conditions of the Agreement; .
ii) A third party reports violation of any of its right as a result of your use of the Services.
iii) Acko is unable to verify or authenticate any information provided to Acko by a User;
iv) Acko has reasonable grounds for suspecting any illegal, fraudulent or abusive activity on part of such User; or;
v) Acko believes in its sole discretion that User’s actions may cause legal liability for such User, other Users or for Acko or are contrary to the interests of the Site/Application.
13.4 Once temporarily suspended, indefinitely suspended or terminated, the User may not continue to use the Site/Application under the same account, a different account or re-register under a new account. On termination of an account due to the reasons mentioned herein, such User shall no longer have access to data, messages, files and other material kept on the Site/Application by such User. The User shall ensure that he/she/it has continuous backup of any medical services the User has rendered in order to comply with the User’s record keeping process and practices.
13.5. Termination of this agreement will not prejudice accrued rights of either Acko or You.
13.6. Clauses pertaining to Indemnification, Liability, Intellectual Property Ownership, Term and Termination, Notice and Applicable Law and Dispute Resolution and such other provisions which are intended to survive the termination, shall survive the expiry/termination of these User Terms in accordance with their terms.
- INVALIDITY OF ONE OR MORE PROVISIONS
14.1. The invalidity of any term of these User Terms shall not affect the validity of the other provisions of these User Terms. If and to the extent that any provision of these User Terms is invalid, or is unacceptable in the given circumstances, a provision shall apply between the parties instead that is acceptable considering all the circumstances, taking into account the content and the purpose of these User Terms.
14.2CONFLICT- In the event of any contradiction or inconsistency between this User Terms and any other agreement executed between You and Acko, the terms of the User Terms shall prevail unless the exception has been expressly agreed to in writing by making reference to the relevant Clause sought to be modified under this User Terms.
Although all efforts are made to ensure that information and content provided as part of the Site/Application are correct at the time of inclusion on the Site/Application, however, there is no guarantee to the accuracy of the Information. We do not make representations or warranties as to the fairness, completeness or accuracy of Information on the Site/Application. There is no commitment to update or correct any information that appears on the Internet or on the Site/Application. Information is supplied upon the condition that the persons receiving the same will make their own determination as to its suitability for their purposes prior to use or in connection with the making of any decision. Any use of the Site/Application or the information is at your own risk.
The Services provided by Acko or any of its licensors or service providers/partners are provided on an “as is” and “as available” basis, and without any warranties or conditions (express or implied, including the implied warranties of merchantability, accuracy, fitness for a particular purpose, title and non-infringement, arising by statute or otherwise in law or from a course of dealing or usage or trade). Acko does not provide or make any representation, warranty or guarantee, express or implied about the Site/Application or the Services. Acko does not guarantee the accuracy or completeness of any content or information provided by users on the Site/Application. To the fullest extent permitted by law, Acko disclaims all liability arising out of the Your use or reliance upon the Site/Application, the Services, representations and warranties made by other users or any content or information provided by the users on the Site/Application.
- AUTHORITY TO ACKO
The Customer/You hereby authorizes Acko to carry out his instructions, effecting such transactions as may be permitted by Acko from time to time, in accordance with these Terms & Conditions and such other terms as may be specified by.
- EVIDENCE OF TRANSACTIONS
For any transaction which may be permitted by Acko from time to time, Acko’s own records of such transactions maintained through computer systems or otherwise, shall be accepted as conclusive and binding for all purposes. The record of The Transaction as generated from the systems of Acko shall be conclusive proof of the genuineness and accuracy of such transactions.
- RESTRICTIONS ON USE
Acko owns and holds all the rights for the information, contents, audio, video, logos and trademarks contained in this Site/Application. Any reproduction, modification, creation of derivate works, distribution, transmission, copying, selling, displaying, publishing or using any of the information, contents, audio, video, logos and trademarks contained in this Site/Application for any purpose whatsoever, whether electronically or otherwise, without the prior written permission of Acko is strictly prohibited. Any violation of this provision would be strictly dealt with. You may download material displayed on this Site/Application for your personal use only, provided that you also retain the clauses pertaining to all copyright and other proprietary notices contained in the materials.
You acknowledges and affirms that You shall not:
- Engage in 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 Site/Application to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including threatening or obscene material or engage in any kind of illegal activity.
Although Acko may, from time to time, monitor or review any facilities, if established or otherwise offered at the Site/Application for discussions, chats, postings, transmissions, bulletin boards, and the like on the Site/Application, Acko 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 Site/Application. 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. Acko will fully cooperate with any law enforcement authorities or court order requesting or directing Acko to disclose the identity of anyone posting any such information or materials.
- USE OF INFORMATION
The content is available for informational purposes only. The posting of contents and access to this Site/Application does not render, either explicitly or implicitly, any provision of Services or products by us. All advertisements contain only an indication of cover offered by the products. For more information, please read the policy wordings before concluding a sale.
- RESERVATION OF RIGHTS
- MODIFICATION OF THE SERVICE AND USER TERMS
22.1. Acko reserves the right, at its sole discretion, to modify or replace, in part or full, any of these User Terms, or change, suspend, block, discontinue or restrict Your use to all or any feature of the Service or Site/Application at any time.
22.2. Acko shall not be required to notify You of any changes made to these User Terms. The revised User Terms shall be made available on the Site. You are requested to regularly visit the Site to view the most current User Terms. It shall be Your responsibility to check these User Terms periodically for changes. Your continued use of the Site/Application constitutes acceptance of the changes and an Agreement to be bound by User Term, as amended.
Notices under these Terms & Conditions may be given by Acko to the Customer in writing by delivering them to the last address given by the Customer. Customer may give notice to Acko by delivering them to the address mentioned on Site/Application. In the case of hand delivery, cable, telex, facsimile notices or electronic communication notices or instructions will be deemed served 7 days after posting or upon receipt as the case may be. Documents, which may be sent by electronic communication between the parties, may be in the form of an electronic mail, an electronic mail attachment, or in the form of an available download from the Site/Application. Acko shall be deemed to have fulfilled any legal obligation to deliver to the Customer if any such document is sent via electronic delivery.
- EXCLUSIVE AGREEMENT
You agree that these User Terms are the complete and exclusive statement of agreement supersede any proposal or prior agreement, oral or written, and any other communications between you and Acko relating to the subject matter of these User Terms. These User Terms, as the same may be amended from time to time, will prevail over any subsequent oral communications between you and the Site/Application and/or Acko.
You shall not assign Your rights under these User Terms without prior written approval of Acko. Acko can assign its rights under the User Terms to any affiliate.
- NO WAIVER
Acko or any of its third party service providers etc. shall not be deemed to have waived any of its/their rights or remedies hereunder, unless such waiver is in writing. No delay or omission on the part of Acko or service providers, 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.
- APPLICABLE LAW AND DISPUTE RESOLUTION
These User Terms are subject to the laws of India. Any dispute, claim or controversy arising out of or relating to these User Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Site, the Service or the Application (collectively, “Disputes”) the parties shall attempt to settle the same amicably, through negotiation and consultation at such offices of Acko as Acko may designate. In the event the dispute is not resolved internally between after at least 30 (thirty) days of negotiation, in good faith, the same shall be subject to binding and final arbitration in accordance with the Arbitration and Conciliation Act, 1996 as amended from time to time or in case the Arbitration and Conciliation Act, 1996 is no longer in force, as per any law relating to arbitration in force at the time of such reference. The reference shall be made to a sole arbitrator appointed by Acko. The place of the arbitration shall be Bengaluru, Karnataka, unless otherwise mutually agreed by Acko and You in writing. Subject to the above, any Dispute will be subject to the exclusive jurisdiction of courts in Bangalore, India.
- JURISDICTIONAL ISSUES
28.1 Unless otherwise expressly set forth herein, Acko makes no representation that materials on this Site/Application are appropriate or available for use in any location. Those who choose to access this Site/Application do so on their own initiative and are responsible for compliance with local laws. The Services/products which are part of the Site/Application do not constitute an offer to sell or a solicitation of an offer to buy any policies/products to any person in any jurisdiction where it is unlawful to make such an offer or solicitation.
28.2 However, please note that no person shall take out or renew any policy of insurance in respect of any property in India or any ship or other vessel or aircraft registered in India with an insurer whose principal place of business is outside India without permission of Insurance Regulatory and Development Authority of India.
28.3 Except as specifically set forth herein the information contained on this Site/Application is not an offer to sell or any security, insurance product or other product or service. No security, insurance product or other product or service is offered or will be sold in any jurisdiction in which such offer or solicitation, purchase or sale would be unlawful under the securities, insurance or other laws of such jurisdiction. Some products and Services may not be available
- COVID-19 UPDATE:
The novel Coronavirus outbreak might negatively impact our services in the coming days. You might face delays and inconveniences, and we apologise for all of it in advance. Rest assured that we’re working hard to minimise its impact and continue to serve you without letting down our standards. We are grateful for your support and patience in these testing times. Feel free to contact us for any queries or concerns.
You authorize Acko to call, send SMS and email on the contact number and email ID (made available by you on our Site/Application) and offer you information and services for the product/Services you have opted for. You authorize us to call, SMS or email You for the mentioned purpose, irrespective of whether you register with the NDNC registry. Acko may from time to time send by e-mail or otherwise, information relating to products and services offered by its Affiliates, general information related to financial and other services, life and general insurance products. For sake of clarification, abovementioned right of Acko shall continue to be in effect irrespective of Your termination of Agreement/deletion of Your Account.
For grievances, please see Grievance Redressal
Acko General Insurance Limited
Registered Office: 2nd Floor, #36/5, Hustlehub One East, Somasandrapalya, 27th Main Rd, Sector 2, HSR Layout, Bengaluru, Karnataka 560102.
Date of Incorporation: November 3, 2016
IRDAI Registration Number: 157
General Insurance Company
TERMS & CONDITIONS GOVERNING THE USE OF ACKO’S WEBSITE BY VISITORS, CUSTOMERS AND REGISTERED USERS.
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