Tata Fintech Private Limited (“we”, “our” or “us”) is operating a mobile and wed-based Platform located at “tataneupolicy.com” through which its users (“Users” or “you”) can avail insurance policies (“Insurance Service”) across life, general and health sector, offered by our Insurance Partners.This user agreement (“User Agreement”) constitutes a legally binding agreement made between you and Tata Fintech Private Limited, concerning your access to and use of tataneupolicy.com (including sub-domains and microsites), as well as any other mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “ ISNP Platform”).You agree that by accessing the ISNP Platform and/or availing Insurance Services from our ISNP
Platform, you have read, understood, and agree to be bound by:- this User Agreement; and
- our Privacy Notice
IF YOU DO NOT AGREE WITH THE TERMS OF THIS USER AGREEMENT, THEN YOU ARE PROHIBITED FROM USING THE ISNP PLATFORM AND YOU MUST DISCONTINUE USE OF OUR ISNP PLATFORM IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the ISNP Platform from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our discretion, to make changes or modifications to this User Agreement at any time and for any reason. We will alert you about any changes by updating the ‘Last updated’ date of this User Agreement and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review this User Agreement to stay informed of updates. You will be subject to and will be deemed to have been made aware of and to have accepted, the changes in any revised User Agreement by your continued use of the ISNP Platform after the date such revised terms are posted. REGISTRATION
- Eligibility
- To avail and access any Insurance Services offered on our ISNP Platform, you need to create a Single Sign On ID by registering for an account with Tata Neu (the “Membership Account”) and by providing complete and accurate registration information, as set out in the registration form.
- To avail Insurance on our Platform, you must be at least 18 years of age; a resident of India and not resident of any other country.
- If you do not meet our eligibility requirements, you may not be able to maintain a Membership Account with us and your use of the ISNP Platform will be limited. We treat all activities under a Membership Account to be those of the registered user. User shall only use the Platform to transact on their own Membership Account and not on behalf of any other person or entity. You shall update registration information promptly upon any change so that it is at all times complete and accurate.
- We reserve the right to refuse to provide access to our ISNP Platform or to discontinue our services to any person or entity at any time for any reason.
- Creating Membership Accounts
To avail the Insurance Services, you must either (a) register using your existing Tata Neu Membership Account, or (b) complete the registration process for new users by entering all of the required information. If you register using your Tata Neu membership account, You hereby agree that the information in your existing Tata Neu membership account will be used to complete your registration on the ISNP Platform. - Verification
We may require you to provide additional information to establish your identity as a condition for providing Insurance Services to you or before we permit you to make use of Insurance Services through your Membership Account. We may make, directly or through any third party, any inquiries we consider necessary to validate information that you provide to us. - User Representations
- By using the Platform, you represent and warrant that:
- all registration information you submit will be true, accurate, current, complete, and not misleading;
- you will maintain the accuracy of such information and promptly update such registration information as necessary;
- you have the legal capacity, and you agree to comply with the terms of this User Agreement.
- you are not under the age of 18 or a minor in the jurisdiction in which you reside;
- you will not access the ISNP Platform through automated or non-human means, whether through a bot, script or otherwise; and
- you will not use the ISNP Platform for any illegal or unauthorized purpose.
- In case of a breach of the representations in this Clause 1.4 or of any other part of this User Agreement, we have the right to: (a) suspend or terminate your Membership Account; (b) refuse any and all current or future use of the ISNP Platform (or any portion thereof); (c) terminate your access to any other programs or features that are offered as a part of your Membership Account with the ISNP Platform; (d) rescind any accrued benefits under such programs without payment of any compensation and (e) take any such recourse, as available to us under applicable law.
- You declare and represent, on your behalf and on behalf of all persons proposed to be insured, that the statements, answers and/ or particulars given by you in your proposal for availing insurance policy are true and complete in all respects to the best of your knowledge and that you are authorized to propose on behalf of these other persons. You understand and acknowledge that the information provided by you will form the basis of the insurance policy, and is subject to the board approved underwriting policy of the Insurance Partner and that the policy will come into force only after full payment of the premium chargeable. You authorize us to share information pertaining to your proposal with the Insurance Partner for the sole purpose of underwriting the proposal and/or claims settlement. You also authorise us to share information relating to you with government/ regulatory authorities and agencies for the purposes of verification of identity or for prevention, detection or investigation, including of cyber incidents, prosecution and punishment of offences, or as required under any law.
- Credentials and Security
- Your email address/phone number will be used to grant you access to the ISNP Platform and for communications with you, including as described in Clause 4. You also may be prompted to answer several security questions, provide access to your location, mobile camera or select other security access keys or credentials (“Credentials”) that may be used to enable your access to the Insurance Services and authorize transactions.
- You are responsible for maintaining the secrecy and security of your Credentials and for restricting access to personal devices and systems that may store the Credentials, and you agree to accept responsibility for all activities that occur under your Membership Account or Credentials. You should take all necessary steps to ensure that the Credentials are kept confidential and secure. You should not disclose your Credentials to any third party. If any of your Credentials are compromised, you must notify us immediately at customercare@tatafinserv.com so that we can suspend use of your Membership Account in order to avoid unauthorized transactions.
- In the event that any unauthorized use of your Membership Account has occurred, you must inform us immediately at: customercare@tatafinserv.com
- You are responsible for all losses relating to an unauthorized transaction from your Membership Account if you have acted fraudulently or failed, either intentionally or negligently, to use your Membership Account in accordance with this User Agreement, to protect your Credentials, or to notify us of any unauthorized transaction in the manner set out in Clause 1.5.3. We will not be responsible for any unauthorized transactions undertaken through your Membership Account.
- You must notify us through the customercare@tatafinserv.com if you wish to request us to block/unblock your Membership Account.
- Membership Account History.
- User may review his/her transaction history on our ISNP Platform under My Plans section or by contacting us at customercare@tatafinserv.com. Access to such details may require the User to provide his/her details such as policy number and/or registered mobile number.
- We do not warrant the accuracy, completeness, or usefulness of information displayed as account history. Any reliance you place on such information is strictly at your own risk and must be verified with the relevant Insurance Partners.
- Acceptable Use.
- You will at all times adhere to all applicable laws, rules, and regulations applicable to your use of the ISNP Platform. We may inspect your Membership Account for any reason, including without limitation to investigate any alleged violation of this User Agreement or any third-party complaints.
- You understand that you are responsible for all electronic communications and information sent from your computer or other systems to us and to the Insurance Partner(s) you transact with using our ISNP Platform. You shall use our ISNP Platform for lawful purposes only. You shall not use the ISNP Platform for any of the following:
- For fraudulent purposes, or in connection with a criminal offense or other activity that violates any applicable law;
- For any cause or action that is in violation of the User Agreement of the Platform; or
- To cause annoyance or inconvenience to any other person.
- Errors.
In case of a transaction which remains non-executed or defectively executed by us through our Insurance Partners, we will rectify the error, subject to the terms of this User Agreement.
OUR ROLE
- Tata Fintech Private Limited is a Corporate Agent (Composite), duly registered with Insurance Regulatory and Development Authority of India (‘IRDAI’) (CRN No. CA0818, valid from June 27, 2022 to June 26, 2025).
- Purchase of any insurance product by you is purely voluntary and is not linked to availing any other facility/services/products from TFPL.
- The insurance products available at our ISNP Platform are offered and underwritten by the respective Insurance Partners. TFPL as a corporate agent is only undertaking solicitation and servicing of insurance business for the Insurance Partners.
- Except for our limited role in providing the mobile and web-based Platform through which you can avail insurance policies from the Insurance Partners, we are not involved in any underlying transaction between you and the Insurance Partners. Premium collection, underwriting and final issuance of the insurance policy is undertaken by the respective Insurance Partners at their sole discretion, TFPL has no control over the same.
- Any product information, sales brochure, premium rates and such other information relating to the insurance products displayed on our ISNP Platform is solely based on the information received from the respective Insurance Partners.
- The Insurance Partners are solely responsible for settlement of any claims under the insurance policies purchased/serviced through our ISNP Platform. For more details on the coverage, exclusions and such other terms and conditions, please read the sales brochure/policy wordings of a particular product carefully before concluding a purchase.
- Insurance is a subject matter of solicitation. In order to avail the insurance policies, the user must enter into an insurance contract with the Insurance Partner, in the form as may be notified by each Insurance Partner.
- Tata Fintech Private Limited is not an insurer for the purposes of the Insurance Services. Any contract for the purposes of the Insurance Services availed, shall be between the User and the Insurance Partner. We will not mediate disputes between you and any Insurance Partner for performance or enforcement of any of your benefits or rights under the contract of insurance with the Insurance Partner. Any disputes arising in relation to the contract of insurance are between you and the Insurance Partner.
- Payment of premiums is governed by the terms notified by the Insurance Partners from time to time. Tata Fintech Private Limited and our Insurance Partners may make various modes and mediums available for payment of premiums. Your attention is drawn to Section 41 of the Insurance Act, 1938, which prescribes that: “(1) No person shall allow or offer to allow, either directly or indirectly, as an inducement to any person to take out or renew or continue an insurance in respect of any kind of risk relating to lives or property in India, any rebate of the whole or part of the commission payable or any rebate of the premium shown on the policy, nor shall any person taking out or renewing or continuing a policy accept any rebate, except such rebate as may be allowed in accordance with the published prospectuses or tables of the insurer: Provided that acceptance by an insurance agent of commission in connection with a policy of life insurance taken out by himself on his own life shall not be deemed to be acceptance of a rebate of premium within the meaning of this sub-section if at the time of such acceptance the insurance agent satisfies the prescribed conditions establishing that he is a bona fide insurance agent employed by the insurer. (2) Any person making default in complying with the provisions of this section shall be liable for a penalty which may extend to ten lakh rupees.”
- List of Authorised Insurance Partners.
- A list of our authorized Insurance Partners is as follows:
- Tata AIA Life Insurance Company Limited;
- Tata AIG General Insurance Company Limited
- Please note that the above list may be modified from time to time. We advise you to periodically review this list to stay informed of updates regarding our authorized Insurance Partners.
- Privacy
- We care about data privacy and security. By using our ISNP Platform, you agree to be bound by our Privacy Notice [Privacy notice hyperlink to be added here] and consent to the collection, use, and disclosure of your personal data in accordance with it.
- Please be advised that out ISNP Platform is hosted in India. If you access our ISNP Platform from the European Union, United States, or any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in India, then through your continued use of the ISNP Platform or Insurance Services, you are transferring your data to India, and you expressly consent to have your data transferred to and processed in India.
TERM AND TERMINATION- Term
This User Agreement commences on the earlier of the date that you use the ISNP Platform or apply to avail Insurance Services on the ISNP Platform from any of the Insurance Partners. The User Agreement shall continue unless and until terminated in accordance with the provisions of this Clause 3. We shall have the right to terminate this User Agreement without any prior notice to you. - Suspension or Termination by Tata Fintech Private Limited
- We may terminate this User Agreement, for any reason at any time without written notice.
- Further, we may suspend your access to our ISNP Platform and block access to your Membership Account and deactivate it under the following circumstances:
- you have violated the terms of this User Agreement;
- we determine that you pose a fraud risk to us;
- you provide or have provided false, incomplete, inaccurate, or misleading information (including without limitation any registration information) or otherwise engage in fraudulent or illegal conduct;
- we have security concerns regarding your Membership Account, including your Credentials; or
- we suspect unauthorized or fraudulent use of your Membership Account.
- In such cases we will inform you of the deactivation of your Membership Account and the reasons for it, where possible, before the deactivation and in any event promptly thereafter, unless we determine that giving such information would compromise security concerns or is prohibited by applicable law. We will reactivate your Membership Account or Credentials, or replace it or them, as applicable, once we have resolved the reasons for deactivation to our satisfaction.
- Effect of Termination
We will not be liable to you for compensation, reimbursement, or damages of any kind, direct or indirect, including any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us in connection with your use of our Platform, or in connection with any termination or suspension of your Membership Account. Upon termination of this User Agreement for any reason:- Your existing relationship with any Insurance Partner (including any contract of insurance executed between you and the Insurance Partner(s)) will continue in accordance with the insurance policy terms as determined by the Insurance Partner;
- you will remain liable to the Insurance Partner for all premium payments obligations with respect to any insurance policy that you have availed from any Insurance Partner;
- all license or other rights granted to either party under this User Agreement will immediately terminate;
- your access to the Membership account and ISNP Platform will be terminated.
- Survival
In addition to your payment obligations arising under this User Agreement, Clauses 2 (Our Role), 2.2 (Privacy), 3.3 (Effect of Termination), 4 (Communications), 7 (Intellectual Property), 8 (Indemnity and Limitation of Liability) and 9 (Miscellaneous) of this User Agreement shall survive and remain in effect in accordance with their terms upon the termination of this User Agreement.
COMMUNICATIONSWhen you use our ISNP Platform or communicate with us, you will be required to provide a valid phone number to process a transaction using out ISNP Platform. We may communicate with you by e-mail, SMS, phone call or by posting notices on the ISNP Platform or by any other mode of communication. Through your use of our ISNP Platform, you consent to receiving communications including SMS, WhatsApp, e-mail or phone calls from us with respect to your use of our ISNP Platform, including for the following purposes:- providing you with the functionalities of our ISNP Platform and transactional or account related information;
- sending you payment related reminders/updates;
- promoting the ISNP Platform or any other products and services of Tata Fintech Private Limited;
- promoting new products and activities;
- investigating or resolving any grievance or Insurance Services related concerns including complaints; or
- obtaining your invaluable feedback.
In order to serve you better, we may also send you surveys to understand: (i) your experience with Tata Fintech Private Limited, and/or (ii) your needs and requirements.You may choose to, or we may invite you to, submit comments or ideas about Us, including without limitation about how to improve our ISNP Platform. By submitting any idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place us under any fiduciary or other obligation, and that we are free to use the idea without any compensation to you, and/or to disclose the idea on a non-confidential basis or otherwise to anyone. ACCESS TO PLATFORMTata Fintech Private Limited undertakes to make best efforts to ensure the uninterrupted availability of the ISNP Platform and to ensure that transmissions and communications in this regard are error-free. However, due to the nature of the internet, this cannot be guaranteed and Tata Fintech Private Limited shall not be held liable for any interruptions in providing the Insurance Services. Further, Users’ access to the ISNP Platform or Membership Account for availing Insurance Services may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services at any time without prior notice.
THIRD-PARTY WEBSITES AND CONTENTThe ISNP Platform may contain (or you may be sent via the Platform) links to third-party websites (including websites of our Insurance Partners) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, software, and other content or items belonging to or originating from third parties (“Third-Party Content”).- Such third-party websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the ISNP Platform or any Third-Party Content posted on, available through, or installed from the ISNP Platform, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the third-party websites or the Third-Party Content.
- Inclusion of, linking to, or permitting the use or installation of any third-party websites or any Third-Party Content does not imply approval or endorsement thereof by us.
- If you decide to leave the ISNP Platform and access the third-party websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware that this User Agreement no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the ISNP Platform or relating to any applications you use or install from the ISNP Platform.
- Any purchases you make or any services you avail through third-party websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on third-party websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall not hold us liable for any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with third-party websites.
INTELLECTUAL PROPERTY- Tata Fintech Private Limited, its licensors and their respective affiliates, as the case maybe, are the sole and exclusive owners or licensees of the trademarks, service marks, trade names, logos, and copyrighted or copyrightable materials of Tata Fintech Private Limited and its affiliates. Users shall not, directly or indirectly, interfere with, challenge, file applications for, or claim ownership of these trademarks anywhere in the world.
- You shall not make any public statement related to or use Tata Fintech Private Limited’s or any of our affiliates’ or Insurance Partner’ names, trademarks or logos in any way without our prior written permission, or misrepresent or embellish the relationship between us in any way.
INDEMNITY AND LIMITATION OF LIABILITY- Indemnity
You shall indemnify and hold harmless Tata Fintech Private Limited and its affiliates, and their respective officers, directors, agents, employees and representatives, from any claim or demand, or actions including reasonable attorney's fees, made by any third party or penalty imposed due to or arising out of:- your use of Insurance Services
- your use of our ISNP Platform;
- breach of your representations, warranties, or obligations set forth in this User Agreement;
- any dispute or litigation caused by your actions or omissions;
- your negligence or violation or alleged violation of any applicable law, rules or regulations or the rights of any third party.
- Release
- You hereby expressly release Tata Fintech Private Limited and its affiliates and/or any of their directors, officers, employees, agents and representatives from any cost, damage, liability or other consequence of any actions or omissions of any Insurance Partner/third party and specifically waive any claims or demands that you may have in this regard under any statute or contract, in equity, or otherwise.
- We are not responsible for examining or evaluating, and we do not warrant or endorse the offerings of any Insurance Partners, or the content of their marketing materials, websites or other sales channels. Tata Fintech Private Limited and its affiliates do not assume any responsibility or liability for the actions or omissions, products, and content of any marketing materials, website or other sales channels of Insurance Partners and any other third-parties.
- We will not be held responsible for any delay or failure to comply with our obligations if the delay or failure arises from any cause which is beyond our reasonable control.
- Tata Fintech Private Limited shall not be responsible for: (a) any unauthorized transaction through your Membership Account (b) unauthorized utilization of the Insurance Services availed by You; (c) any acts or omissions of third parties (including, without limitation, Insurance Partners); or (d) any errors published in relation to this User Agreement, including, without limitation, any typographical errors. We reserve the right to correct, without notice, any errors.
MISCELLANEOUS- DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE ISNP PLATFORM AND ALL RELATED INFORMATION, CONTENT, MATERIALS, AND SERVICES MADE AVAILABLE TO YOU ARE PROVIDED BY TATA FINTECH PRIVATE LIMITED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TATA FINTECH PRIVATE LIMITED MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO INSURANCE SERVICES OR THE PLATFORM INCLUDING WITHOUT LIMITATION: (A) ANY IMPLIED WARRANTIES OF INSURANCE PARTNER ABILITY, SATISFACTORY QUALITY, SUITABILITY, RELAIBILITY, COMPLETENESS, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT; (B) THAT THE ISNP PLATFORM WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, OPERATE WITHOUT ERROR, OR WILL CONTAIN ANY PARTICULAR FEATURES OR FUNCTIONALITY; (C) ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR TRADE USAGE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF OUR ISNP PLATFORM IS AT YOUR SOLE RISK AND THAT YOU ARE USING YOUR BEST AND PRUDENT JUDGMENT BEFORE ENTERING INTO ANY TRANSACTIONS USING OUR ISNP PLATFORM; (D) ELECTRONIC COMMUNICATIONS SENT FROM TATA FINTECH PRIVATE LIMITED OR ITS AFFILIATES ARE FREE OF VIRUSES OR OTHER MALWARE OR HARMFUL COMPONENTS.
AT NO TIME SHALL ANY RIGHT, TITLE OR INTEREST IN THE PRODUCTS AND/OR SERVICEES SOLD BY INSURANCE PARTNERS ON THE PLATFORM VEST WITH TATA FINTECH PRIVATE LIMITED NOR SHALL TATA FINTECH PRIVATE LIMITED HAVE ANY OBLIGATIONS OR LIABILITIES IN RESPECT OF ANY TRANSACTIONS BETWEEN USERS AND INSURANCE PARTNER. WE SHALL NEITHER BE LIABLE NOR BE RESPONSIBLE FOR ANY ACTIONS OR INACTIONS OR ANY BREACH OF CONDITIONS, REPRESENTATIONS OR WARRANTIES BY INSURANCE PARTNERS AND HEREBY EXPRESSLY DISCLAIM ANY AND ALL RESPONSIBILITY AND LIABILITY IN THAT REGARD. WE DO NOT IMPLICITLY OR EXPLICITLY SUPPORT OR ENDORSE THE INSURANCE SERVICES OFFERED BY INSURANCE PARTNERS AND/OR WITH RESPECT TO ANY SALE OR PURCHASE OF ANY INSURANCE POLICIES.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR AFFILIATES (AND OUR AND THEIR RESPECTIVE EMPLOYEES, DIRECTORS, AGENTS AND REPRESENTATIVES) WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS USER AGREEMENT OR THE ISNP PLATFORM (INCLUDING THE INABILITY TO USE THE ISNP PLATFORM UNLESS OTHERWISE SPECIFIED IN WRITING. IN ADDITION, AND WITHOUT LIMITING THE FOREGOING, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR AFFILIATES (AND OUR AND THEIR RESPECTIVE EMPLOYEES, DIRECTORS, AGENTS AND REPRESENTATIVES) WILL NOT BE LIABLE FOR ANY DAMAGES ARISING OUT OF OR IN CONNECTION WITH ANY SERVICES OR PRODUCTS PURCHASED OR TRANSACTIONS ENTERED INTO THROUGH OUR ISNP PLATFORM.
WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL WE OR ANY OF OUR AFFILIATES BE LIABLE TO YOU FOR ANY FAILURE OR DELAY BY US (OR OUR EMPLOYEES, AGENTS, OR REPRESENTATIVES) IN PERFORMING OUR OBLIGATIONS UNDER THIS USER AGREEMENT, WHERE SUCH FAILURE OR DELAY IS CAUSED BY UNFORESEEABLE CIRCUMSTANCES OR CIRCUMSTANCES BEYOND OUR CONTROL, OR WHERE WE ARE BOUND BY OTHER LEGAL OBLIGATIONS UNDER APPLICABLE LAW. - APPLICABLE LAW
The laws of India without regard to the principles of conflict of laws will govern this User Agreement and any dispute of any kind that may arise between you and Tata Fintech Private Limited. - DISPUTES
To expedite resolution and control the cost of any dispute, controversy, or claim related to this User Agreement (each a "Dispute") brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least ninety (90)days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.
If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration in accordance with the Arbitration and Conciliation Act, 1996, as amended, and judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction in respect thereof. Each Party shall nominate and appoint a competent arbitrator. The two nominee arbitrators shall jointly appoint the third arbitrator who shall be the chairman of the arbitration panel.
You agree that you shall only be entitled to pursue remedies under this Clause 9.3 in case of any Dispute with Tata Fintech Private Limited or in case of a Dispute with any other person, including any Insurance Partner, to which Tata Fintech Private Limited is sought to be made a party by you or such other person, and that you shall not seek any other relief or initiate any other proceedings, including under the Consumer Protection Act, 2019.
Exceptions to Arbitration
The Parties agree that the following Disputes are not subject to the above provisions concerning binding arbitration:- any Dispute seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party;
- any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and
- any claim for injunctive relief.
- Subject to foregoing provisions of this Clause 9.3, Disputes arising from or relating to ISNP Platform shall be subject to the exclusive jurisdiction of courts at Mumbai, India.
- SEVERABILITY
If any of the terms and conditions of this User Agreement shall be deemed invalid, void, or for any reason unenforceable, such terms and conditions shall be deemed severable and shall not affect the validity and enforceability of any remaining terms and conditions of this User Agreement. - ASSIGNMENT
You may not assign or transfer any rights, obligations, or privileges that you have under this User Agreement without our prior written consent. Subject to the foregoing, this User Agreement will be binding on each party’s successors and permitted assigns. Any assignment or transfer in violation of this User Agreement will be deemed null and void. Tata Fintech Private Limited shall have the right to assign this User Agreement without your prior written consent or intimation to you. - WAIVER
Tata Fintech Private Limited’s waiver of any breach of this User Agreement by any User will not constitute a waiver of any other prior or subsequent breach of this User Agreement. Tata Fintech Private Limited’s failure to insist upon strict compliance with the provisions of this User Agreement by any User will not be deemed a waiver of any rights or remedies Tata Fintech Private Limited may have against that or any other User. Tata Fintech Private Limited may waive compliance with this User Agreement in its sole discretion and may provide enhanced functionalities from time to time in respect of the ISNP Platform to select Users. - ENTIRE AGREEMENT
This User Agreement, together with any other terms and conditions, rules, or regulations incorporated herein or referred to herein constitute the entire agreement between Tata Fintech Private Limited and the Users relating to the subject matter hereof, and supersede any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on the ISNP Platform. - LEGAL ACTION
Nothing contained in this User Agreement will limit Tata Fintech Private Limited or its affiliates in the exercise of any legal or equitable rights or remedies.
Modified on: 20-May-2023