User Agreement
This web site (the “Site”) is published and maintained by Great Indian Marketing
& Consulting Services Pvt Ltd (“GIMCS”), a company incorporated and existing in
accordance with the laws of the Republic of India. When you access, browse or use
this Site you accept, without limitation or qualification, the terms and conditions
set forth below. When you access any sub–site (whether belonging to an ‘associate’
of GIMCS or otherwise) through this site, then such sub–site may have its own terms
and conditions of use which is specific to such sub–site. Sub–sites may contain
such additional terms and conditions of use as may be set out in such sub–site.
These Terms and Conditions of Use and any additional terms posted on this Site together
constitute the entire agreement between GIMCS and you with respect to your use of
this Site. www.InsuringIndia.com (the "Site") operated by GIMCS Marketing & Consulting
Pvt. Ltd ("GIMCS")
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Before you may use the Site, you must read and accept all of the terms and conditions
in, and linked to, this User Agreement and the linked Privacy Policy. We strongly
recommend that, as you read this User Agreement, you also access and read the linked
information, since it is incorporated into and hereby made part of this User Agreement.
This User Agreement is effective upon acceptance. Use of any functionality of the
Site constitutes acceptance of this User Agreement. If this User Agreement conflicts
with any other documents, the User Agreement will control for the purposes of usage
of the Site. If you do not agree to be bound by this User Agreement and the Privacy
Policy, you may not use the Site in any way. Be sure to return to this page periodically
to review the most current version of the User Agreement. We reserve the right at
any time, at our sole discretion, to change or otherwise modify the User Agreement
without prior notice, and your continued access or use of this Site signifies your
acceptance of the updated or modified User Agreement.
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1. Our Services
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This Site is only for your personal use. You shall not distribute, exchange, modify,
sell or transmit anything you copy from this Site, including but not limited to
any text, images, audio and video, for any business, commercial or public purpose.
As long as you comply with the terms of these Terms and Conditions of Use, GIMCS
grants you a non–exclusive, non–transferable, limited right to enter, view and use
this Site. You agree not to interrupt or attempt to interrupt the operation of this
Site in any way.
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In the Site, GIMCS provides users with access to information primarily about Financial
Services including but not restricted to General Insurance, and Life Insurance,
(the "Service").We will also carry on business in India and abroad of online and
offline in relation to consulting services and marketing. We will also establish, maintain,
conduct, provide, procure, and make available services of every kind including financial,
commercial, statistical, accounting, data processing, fulfillment and other technology, and consulting services.
You are responsible for obtaining access to the Site, and that
access may involve third-party fees (such as Internet service provider or airtime
charges). In addition, you must provide and are responsible for all equipment necessary
to access the Site. By making use of this site, and furnishing your personal / contact details, you hereby agree that you are interested in availing and purchasing the services that you have selected and other related services.You hereby agree that GIMCS may contact you either
electronically or through phone, to understand your interest in the selected products
and services and to fulfill your demand. You also agree that GIMCS reserves the
right to make your details available to partners and you may be contacted by the
partners for information and for sales through email, telephone and/or sms. You
agree to receive promotional materials and/or special offers from GIMCS through
email or sms.
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Access to certain areas of the Site may only be available to registered members.
To become a registered member, you may be required to answer certain questions.
Answers to such questions may be mandatory and/or optional. You represent and warrant
that all information you supply to us, about yourself, and others, is true and accurate.
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2. Ownership
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All materials on this Site, including but not limited to audio, images, software,
text, icons and such like (the “Content”), are protected by copyright under international
conventions and copyright laws. You cannot use the Content, except as specified
herein. You agree to follow all instructions on this Site limiting the way you may
use the Content.
There are a number of proprietary logos, service marks and trademarks found on this
Site whether owned/used by GIMCS or otherwise. By displaying them on this Site,
GIMCS is not granting you any license to utilise those proprietary logos, service
marks, or trademarks. Any unauthorized use of the Content may violate copyright
laws, trademark laws, the laws of privacy and publicity, and civil and criminal
statutes.
You may download such copy/copies of the Content to be used only by you for your
personal use at home unless the sub–site you are accessing states that you may not.
If you download any Content from this Site, you shall not remove any copyright or
trademark notices or other notices that go with it.
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| 3. Others’ rights |
If this Site contains bulletin boards, chat facility, access to mailing lists or other message or communication facilities,
you agree to use the same only to send and receive messages and materials that are proper and related thereto.
By way of example and not as a limitation, you agree that when using the Site or any facility available herefrom,
you shall not do any of the following:
a. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others
b. Publish, post, distribute or disseminate any defamatory, infringing, obscene, indecent or unlawful material or information
c. Upload or attach files that contain software or other material protected by intellectual property laws (or by rights of privacy and publicity)
unless the User owns or controls the rights thereto or has received all consents therefor as may be required by law
d. Upload or attach files that contain viruses, corrupted files or any other similar software or programs that may damage the operation of another’s computer
e. Delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded
f. Falsify the origin or source of software or other material contained in a file that is uploaded
g. Advertise or offer to sell any goods or services, or conduct or forward surveys, contests or chain letters, or download any file posted by another user of a Forum that the User knows, or reasonably should know, cannot be legally distributed in such manner.
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| 4. User’s Material |
You are prohibited from posting or transmitting any defamatory, libelous, obscene, pornographic, profane,
threatening or unlawful material or any material that could constitute or
encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law.
GIMCS assumes no liability or responsibility arising from the contents of any communications containing any defamatory, erroneous,
inaccurate, libelous, obscene or profane material. GIMCS may change, edit, or remove
any user material or conversations that are illegal, indecent, obscene or offensive, or that violates GIMCS’s policies in any way.
GIMCS will fully cooperate with any law enforcement authorities or court order requesting or directing GIMCS to disclose the identity of anyone posting such materials.
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| 5. License and Site Access |
GIMCS grants you a limited license to access and make personal use of the Site and the Service. This license does not include any downloading
or copying of any kind of information for the benefit of another individual, vendor or any other third party; caching, unauthorized hypertext links
to the Site and the framing of any Content available through the Site uploading, posting, or transmitting any content that you do not have a right to
make available (such as the intellectual property of another party); uploading, posting, or transmitting any material that contains software viruses or
any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or
telecommunications equipment; any action that imposes or may impose (in GIMCS’s sole discretion) an unreasonable or disproportionately large
load on GIMCS’s infrastructure; or any use of data mining, robots, or similar data gathering and extraction tools. You may not bypass any measures used
by GIMCS to prevent or restrict access to the Site.
Any unauthorized use by you shall terminate the permission or license granted to you by GIMCS. By using the Site you agree not to:
(i) use this Site or its contents for any commercial purpose;
(ii) make any speculative, false, or fraudulent transaction or any transaction in anticipation of demand;
(iii) access, monitor or copy any content or information of this Site using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
(iv) violate the restrictions in any robot exclusion headers on this Site or bypass or circumvent other measures employed to prevent or limit access to this Site;
(v) take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
(vi) deep-link to any portion of this Site (including, without limitation, the purchase path for any service) for any purpose without our express written permission; or
(vii) "frame", "mirror" or otherwise incorporate any part of this Site into any other website without our prior written authorization.
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| 6. Eligibility |
The Service is not available to minors under the age of 18 or to any users suspended or removed from the system by GIMCS for any reason.
Users may not have more than one active account. Additionally, users are prohibited from selling, trading,
or otherwise transferring their accounts to another party. If you do not qualify, you may not use the Service or the Site.
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| 7. Transmitted Material |
Internet transmissions are never completely private or secure. You understand that any message or information you send to this Site may be
read or intercepted by others unless there is a special notice that a particular message (for example, credit card information)
is encrypted (send in code). Sending a message to GIMCS does not cause GIMCS to have any special responsibility to you.
The copyright in the contents of this website belong to GIMCS. Accordingly GIMCS reserves all rights. Copying of part or all the contents of this
website without permission of GIMCS is
prohibited except to the extent that such copying/printing is necessary for the purposes of availing of the paid services provided.
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| 8. Your Account |
In consideration of your use of the Site, you represent that you are of legal age to form a binding contract and are not a person barred
from receiving services under the laws of India or other applicable jurisdiction and will only use the Site to make legitimate purchases for you or
for another person for whom you are legally authorized to act (and will inform such other persons about the User Agreement and/or Privacy Policy)
that apply to the purchase you have made on their behalf (including all rules and restrictions applicable thereto). You also agree to provide true,
accurate, current and complete information about yourself as prompted by the Site. If you provide any information that is untrue, inaccurate,
not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or GIMCS has reasonable grounds to suspect that such information
is untrue, inaccurate, not current or incomplete, GIMCS has the right to suspend or terminate your account and refuse any and all current or
future use of the Site (or any portion thereof). If you use the Site, you are responsible for maintaining the confidentiality of your account
and password, and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account
or password. You agree to notify GIMCS immediately of any unauthorized use of your account or any other breach of security. GIMCS reserves the
right to refuse service, terminate accounts, or remove or edit content in its sole discretion. Notwithstanding the above, we retain the right at
our sole discretion to deny access to anyone to the Site and the Services we offer, at any time and for any reason, including, but not limited to,
for violation of the User Agreement or Privacy Policy. Additional terms and conditions will apply to your purchase of services that you select.
Please read these additional terms and conditions carefully. You agree to abide by the terms and conditions of purchase imposed by any supplier
with whom you elect to deal, including, but not limited to, payment of all amounts when due and compliance with the supplier's rules and
restrictions regarding use of fares, products, or services. You agree that any violation of any such supplier's rules and restrictions may result
in cancellation of your purchase(s), in your being denied access to the applicable service(s), in your forfeiting
any monies paid for such reservation(s), and/or in our debiting your account for any costs we incur as a result of such violation.
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| 9. Submitted Content |
GIMCS does not claim ownership of any materials you make available through the Site. At GIMCS’s sole discretion, such materials may be
included in the Service in whole or in part or in a modified form. With respect to such materials you submit or make available for inclusion on
the Site, you grant GIMCS a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute,
publicly display, modify, create derivative works, and sublicense such materials or any part of such materials (as well as use the name that you
submit in connection with such submitted content). You hereby represent, warrant and covenant that any materials you provide do not include
anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant the license specified
in this Section. We take no responsibility and assume no liability for any submitted content posted or submitted by you. We have no obligation
to post your comments; we reserve the right in our absolute discretion to determine which comments are published on the Site. If you do not agree
to these terms and conditions, please do not provide us with any submitted content. You agree that you are fully responsible for the content you
submit. You shall be solely liable for any damages
resulting from any violation of the foregoing restrictions, or any other harm resulting from your posting of content to this Site.
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| 10. Disclaimer of Liability and Warranty |
The content, products, and services published on this site may include inaccuracies or errors, including pricing errors.
We do not guarantee the accuracy of, and disclaim all liability for any errors or other inaccuracies relating to the information and
description of the content, products, and services we expressly reserves the right to correct any pricing errors on the site and/or on
pending reservations made under an incorrect price. GIMCS makes no representations about the suitability of the information, software,
products, and services contained on this site for any purpose, and the inclusion or offering
of any products or services on this site does not constitute any endorsement or recommendation of such products or services.
All such information, software, products, and services are provided "as is" without warranty of any kind. GIMCS disclaims all warranties
and conditions that this site, its servers or any email sent from GIMCS, its affiliates, and/or their respective suppliers are free of viruses
or other harmful components. GIMCS hereby disclaims all warranties and conditions with regard to this information, software, products, and services,
including all implied warranties and conditions of merchantability, fitness for a particular purpose, title, and non-infringement.
The suppliers providing services on this site are independent contractors and not agents or employees of GIMCS or its affiliates.
GIMCS and its affiliates are not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any such
suppliers or for any personal injuries, death, property damage, or other damages or expenses resulting thereof. GIMCS and its affiliates
have no liability and will make no refund in the event of any delay, cancellation, strike, force majeure or other causes beyond their
direct control, and they have no responsibility for any additional expense, omissions, delays or acts of any government or authority.
In no event shall GIMCS and/or its affiliates be liable for any direct, indirect, punitive, incidental, special,
or consequential damages arising out of, or in any way connected with, your access to, display of or use of this site or with the delay
or inability to access, display or use this site (including, but not limited to, your reliance upon opinions appearing on this site;
any computer viruses, information, software, linked sites, products, and services obtained through this site; or otherwise arising out
of the access to, display of or use of this site) whether based on a theory of negligence, contract, tort, strict liability, or otherwise,
and even if GIMCS and/or its affiliates their respective suppliers have been advised of the possibility of such damages.
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| 11. Disclaimer of Online Availability, Impressions, And Click-Throughs |
In addition to the other disclaimers and limitations discussed in this notice, there are no guarantees and no warranties regarding
online availability, impressions, and click-through of www.InsuringIndia.com, its web pages, and any material, information, links, or
content presented on the web pages at www.InsuringIndia.com .
InsuringIndia.com, its web pages, and any material, information, links,
or content presented on the web pages at www.InsuringIndia.com, may be unavailable for online access at anytime.
Advertising sponsors and advertising must be approved by GIMCS before the posting of any advertising material, information, links,
content, banners, and graphics on www.InsuringIndia.com. Any advertising should be related to the subject areas.
GIMCS reserves the right to accept or to reject any advertising sponsor or any advertising for any reason
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| 12. License Disclaimer |
Nothing on any GIMCS’s website shall be construed as conferring any license under any
of GIMCS’s or any third party's intellectual property rights, whether by implication, estoppel or otherwise.
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| 13. Local Laws |
GIMCS is registered in the state of Delhi. Disputes if any shall be subject to the exclusive jurisdiction of Courts at Delhi.
GIMCS makes no representation that the materials on the website are appropriate or available for use in other locations.
If you use this Website from other locations, you are responsible for compliance with applicable local laws including but not limited to
the export and import regulations of other countries. Unless otherwise explicitly stated, all marketing or promotional materials found on
this Website are solely directed to individuals,
companies or other entities located in India and comply with the laws prevailing for the time being in force in India.
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| 14. Limitation of Liability |
You acknowledge that this Website is provided only on the basis set out in these terms and conditions. Your uninterrupted access or
use of this Website on this basis may be prevented by certain factors outside our reasonable control including, without limitation,
the unavailability, inoperability or interruption of the Internet or other telecommunications services or as a result of any maintenance or
other service work carried out on this Website. GIMCS does not accept any responsibility and will not be liable for any loss or damage whatsoever
arising out of or in connection with any ability/inability to access or to use the Site.
You expressly understand and agree that GIMCS and its subsidiaries, affiliates, officers, employees, agents, partners and licensors shall not
be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for
loss of profits, goodwill, use, data or other intangible losses (even if GIMCS has been advised of the possibility of such damages), resulting
from use of the site, content or any related services.
You also acknowledge that through this Site, GIMCS merely provides intermediary services in order to facilitate highest quality services to you.
GIMCS is not the last–mile service provider to you and therefore, GIMCS shall not be or deemed to be responsible for any lack or deficiency
of services provided by any person or company you shall engage or hire or appoint pursuant to or resulting from, the material available in
this Site. GIMCS, GIMCS Affiliates, and their respective suppliers hereby disclaim all warranties and conditions with regard to this
information, software, products, and services, including all implied warranties
and conditions of merchantability, satisfactory quality, fitness for a particular purpose, title, and non–infringement.
Notwithstanding anything else to the contrary contained elsewhere herein or otherwise at law, GIMCS’s liability (whether by way of
indemnification to you or otherwise) shall be restricted to a maximum of INR 1000 (Indian Rupees One Thousand only).
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| 15. Indemnity |
You agree to defend and indemnify GIMCS, GIMCS Affiliates, and their respective suppliers and any of their officers, directors, employees,
agents, subsidiaries, and joint ventures from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or
other costs or expenses
of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:
(a) your breach of this Agreement or the documents referenced herein; or
(b) your violation of any law or the rights of a third party
(c) your use of the site
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| 16. Electronic Communication |
When you use the Site or send emails to GIMCS, you are communicating with GIMCS electronically. You consent to receive communications
from GIMCS electronically. GIMCS may communicate with you by email or by posting notices on the Site or by phone or usually available means of
communication. You agree that all agreements, notices, disclosures and other
communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
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| 17. Terms and Conditions of Use |
GIMCS may add to, change or remove any part of these Terms and Conditions of Use at any time, without notice. Any changes to these
Terms and Conditions of Use or any terms posted on this Site apply as soon as they are posted. By continuing to use this Site after any changes
are posted, you are indicating your acceptance of those changes. GIMCS may add, change, discontinue, remove or suspend any other Content posted
on this Site, including features and specifications
of products described or depicted on the Site, temporarily or permanently, at any time, without notice and without liability.
GIMCS reserves the right to undertake all necessary steps to ensure that the security, safety and integrity of GIMCS’s systems as well as its client’s interests are and remain, well–protected.
Towards this end, GIMCS may take various steps to verify and confirm the authenticity, enforceability and validity of orders placed by you.
If you send any communications or materials to the Site by electronic mail or otherwise, including any comments, data, questions, suggestions or the like, all such communications are,
and will be treated by GIMCS, as non–confidential. You hereby give up any and all claim that any use of such material violates any of your
rights including moral rights, privacy rights, proprietary or other property rights, publicity rights,
rights to credit for material or ideas, or any other right, including the right to approve the way GIMCS uses such material.
Any material submitted to this Site may be adapted, broadcast, changed, copied, disclosed, licensed, performed, posted,
published, sold, transmitted or used by GIMCS anywhere in the world, in any medium, forever
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| 18. Site-Provided Email and Postings |
The Site may provide users with the ability to send email messages to other users and non-users and to post messages on the Site.
GIMCS is under no obligation to review any messages, information or content ("Postings") posted on the Site by users and assumes no responsibility
or liability relating to any such Postings. Notwithstanding the above, GIMCS may from time to time monitor the Postings on the Site and may decline
to accept and/or remove any email or Postings. You understand and agree not to use any functionality provided by the Site to post content or initiate
communications that contain: (i) Any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially,
ethnically or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would constitute
a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law;
(ii) Advertisements or solicitations of any kind; (iii) Impersonate others or provide any kind of false information;
(iv) Personal information such as messages which state phone numbers, account numbers, addresses, or employer references.;
(v) Messages by non-spokesperson employees of GIMCS purporting to speak on behalf of GIMCS or containing confidential information
or expressing opinions concerning GIMCS; (vi) Messages that offer unauthorized downloads of any copyrighted or private information;
(vii) Multiple messages placed within individual folders by the same user restating the same point; (viii) Chain letters of any kind; or
(ix) Identical (or substantially similar) messages to multiple recipients advertising any product or service, expressing a political or other
similar message, or any other type of unsolicited commercial message. This prohibition includes but is not limited to a)
Using GIMCS to send messages to people who dont know you or who are unlikely to recognize you as a known contact; b) Using GIMCS to connect to
people who dont know you and then sending unsolicited promotional messages to those direct connections without their permission; and c)
Sending messages to distribution lists, newsgroup aliases, or group aliases.
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| 19. Links |
The Site or third parties may provide links to other World Wide Web sites or resources. Because GIMCS has no control over
such sites and resources, you acknowledge and agree that GIMCS is not responsible for the availability of such external sites or resources,
and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such
sites or resources. You further acknowledge and agree that GIMCS shall not be responsible or liable, directly or indirectly, for any damage
or loss caused or alleged to be caused by or in
connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
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| 20. Access To Password Protected/Secure Areas |
Access to and use of password protected and/or secure areas of the Site is restricted to authorized users only.
Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution.
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| 21. Modification and Notification of Changes |
GIMCS reserves the right to make changes to the Site, related policies and agreements, this User Agreement and the
Privacy Policy at any time. If GIMCS makes a material modification to this User Agreement, it may notify you by:
(i) displaying a prominent announcement above the text of this User Agreement or the Privacy Policy, as appropriate, for thirty
(30) days, being deemed sufficient notification, of such changes. After notice of a modification to the User Agreement or
the Privacy Policy has been posted for 30 days, the notice will be removed. If you have not used the Site for more than 30 days,
you should check the User Agreement and/or Privacy Policy prior to any further use of the Site. Should you wish to terminate your
account due to a modification to the User Agreement or the Privacy Policy, you may do so by sending an email with the subject line
"Termination" to the following email address: complaints@insuringIndia.com. If you choose to continue using the Site,
you agree that by doing so you will be deemed to accept the new User Agreement or Privacy Policy, as relevant.
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| 22. Trademarks |
The trademarks, logos and service marks ("Marks") displayed on the Site are the property of GIMCS and other parties.
Users are prohibited from using any Marks for any purpose including, but not limited to use as metatags on other pages or sites on
the World Wide Web without the written permission of GIMCS. All information and content including any software programs available on
or through the Site ("Content") is protected by copyright.
Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing,
creating derivative works or using any Content available on or through the Site for commercial or public purposes.
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| 23. Survival of Terms After Agreement Ends |
Notwithstanding any other provisions of this User Agreement, or any general legal principles to the contrary, any provision of this User Agreement that
imposes or contemplates continuing obligations on a party will survive the expiration or termination of this User Agreement.
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| 24. General Provisions |
GIMCS, GIMCS Affiliates and their respective supplilers are not liable for the acts, errors, omissions, representations,
warranties, breaches or negligence of any insurance company or
other suppliers or for any personal injuries, death, property damage, or other damages or expenses resulting there from.
GIMCS reserves its right to deny in its sole discretion any user access to this Site or any portion hereof without notice.
You agree to abide by the terms and conditions of purchase imposed by any supplier with whom you elect to deal, including,
but not limited to, payment of all amounts when due and with the supplier’s rules and restrictions. No waiver by GIMCS of any provision
of these Terms and Conditions shall be binding except as set forth in writing and signed by its duly authorized representative.
If any of these conditions are deemed invalid, void, or for any reason unenforceable, the parties agree that the court should endeavor
to give effect to the parties intentions as reflected in the provision, and the unenforceable condition shall be deemed severable and
shall not affect the validity and enforceability of any remaining condition. Headings are for reference purposes only and do not limit
the scope or extent of such section. This User Agreement and the relationship between you and GIMCS will be governed by the laws of
the India without regard to its conflict of law provisions. You and GIMCS agree to submit to the personal jurisdiction of the courts
located in Delhi jurisdiction with respect to any legal proceedings that may arise in connection with this User Agreement. The failure
of GIMCS to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches.
GIMCS does not guarantee it will take action against all breaches of this User Agreement. Except as otherwise expressly provided in this
User Agreement, there shall be no third-party beneficiaries to this User Agreement. This User Agreement constitutes the entire agreement
between you and GIMCS and governs your use of the Site, superseding any prior agreements between you and GIMCS with respect to the Site.
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