Terms of Use

This Terms of Use Agreement (“Agreement”) sets out the terms and conditions which will be applicable for the access and usage of the Test My Policy platform i.e., https://php.finqy.ai/testmypolicy/public/ including any other media form, media channel, mobile platform, or mobile application related or connected thereto and further including any amendments/ modification/ update thereon (hereinafter referred as “Platform”), which is operated and managed by M/s. E-Revbay Private Limited (hereinafter referred to as “ERB”) incorporated under the Companies Act, 2013.

The agreement is an electronic record in accordance with the Information Technology Act, 2000 and it does not require any physical/digital signature. This agreement is published in accordance with the provisions of Rule 3 of the Information Technology (Intermediaries guidelines) 2011.

By accessing this Platform, registering with ERB, obtaining personalized analysis, policy comparisons and recommendations through the Platform, you the user herein whether registered with ERB or not (User/s) hereby agrees to be bound by this Agreement of “Terms of Use”. This Agreement describes that the relationship between the ERB and User will be subject to guidelines, policies, terms and conditions applicable to any specific service that is provided by this Platform and they shall be deemed to be incorporated into this Agreement and shall be considered as part and parcel of this Agreement. These Terms also apply to any and all online resources, materials, download areas, tools provided on this Platform, including without limitation, blogs, community forums, chat rooms, discussion sites, service offerings information (hereinafter, “Online Mediums”), both now and in the future. ERB may also publish medium-specific Terms of Use, in which event these Terms shall remain in full force and effect to the extent that the Terms do not conflict with the medium specific Terms of Use.

The users are requested to visit this Platform and review the most updated version of Agreement. The ERB reserves the right at any time, at our sole discretion, to change or otherwise modify the Agreement without prior notice, and the same shall be deemed to be reviewed and accepted by the User of this platform.

READ THESE TERMS AND CONDITIONS CAREFULLY. USER’S ACCEPTANCE OF TERMS CONTAINED HEREIN CONSTITUTES THE AGREEMENT BETWEEN THE USER AND THE ERB FOR THE PURPOSE AS DEFINED HEREUNDER.

1. Description and Acceptance of Services

Through the Platform, ERB provides Users with access to technology-enabled analysis and evaluation services, including the generation of personalised reports, assessment of existing insurance coverage, identification of protection gaps, policy comparisons, and recommendations regarding insurance products or solutions that may be more suitable to the User's disclosed requirements(hereinafter collectively referred as “Services”).

ERB may, where necessary, utilise information provided by the User or lawfully obtained from authorised third-party service providers for the purpose of generating such reports and recommendations. All Services are provided on a commercially reasonable efforts basis and are intended solely for informational and facilitative purposes. The decision to act upon any report, recommendation or suggested insurance solution shall at all times remain the sole responsibility, will and discretion of the User.

The accuracy and usefulness of any report or recommendation is dependent upon the completeness, correctness and timeliness of information provided by the User. ERB shall not be liable for any incorrect recommendation arising due to inaccurate, incomplete or outdated information furnished by the User.

The continued usage of ERB’s services and this platform from time to time by the user would constitute acceptance of the Agreement including any modification/update/change thereof and user would be bound by this Agreement until this Agreement is terminated as per provisions defined therein.

The user hereby agrees and authorize the ERB to share User’s information with its group companies and other third parties, in so far as required for joint marketing purposes/offering various Services and/or to provide similar services to users with various value added services, in association with the Services selected by the User or otherwise. The user agrees to receive communications through emails, telephone, mobile and/or SMS from the ERB or its third-party vendor/ Business partner/ Marketing affiliates regarding the services, updates, information/ promotional emails and/or product and/or service announcements. Thus, in the same regard User agrees and consents to receive all communications at the mobile number/ email provided by the User, even though the number is registered under DND/NCPR list under TRAI regulations. And for that purpose, the User hereby further authorize ERB to share/disclose the information to any third party service provider or any affiliate, its group companies, authorized agents.

ERB will retain and utilize the User’s information as necessary to comply with our legal obligations, resolve disputes and enforce our agreements entered into for providing Services and ancillary services.

The Platform utilises automated analytical tools, algorithms and technology-assisted processes to analyse insurance policy information submitted by the User and generate personalised reports, comparisons, recommendations and protection gap analysis. Such reports are generated based on the information made available to ERB and should not be construed as legal, financial, tax or insurance advice. The User acknowledges that the final decision regarding purchase, renewal, modification or discontinuation of any insurance product shall remain solely with the User.

2. Permission/License and Platform Access

The User hereby acknowledges and agree that the ERB possesses all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the services (registered or not). User further acknowledges that the said services by the ERB may contain some information that are of confidential nature and the User shall not disclose such information without the prior consent from the ERB.

Further all copyrightable material (including source and object code) and all other materials, including without limitations the design, structure, and arrangement of such content contained on this Platform (hereinafter, the “Content”) its “look, layout and feel” (e.g. text, graphics, images, logos and button icons), photographs, editorial content, notices, software and other material trade names, trademarks, service marks, logos, domain names, other distinctive brand elements, whether registered or not, are owned, controlled or licensed by or to ERB, including but not limited to copyright, trademark, trade dress, domain name, patent, trade secret, international treaties and other proprietary rights and unfair competition law are protected by intellectual property laws (the “Intellectual Property laws”).

ERB through this Agreement grants limited license to access and make use of this platform and ERB’s Services. The said license is not inclusive of any downloading or copying of any information for the benefit of another individual, partner/ vendor or any other third party or to create any work in attempt to discover any source code, assign, sell, sublicense, grant security license interest in or otherwise transfer any right in the Services. Unauthorized usage in any manner by the User shall lead to termination of the permission of license granted to the User. The ERB reserves the right to take appropriate action under Law against any such unauthorized usage.

By making use of this platform the User hereby agrees not to do the following: -

Using this platform for any commercial purpose
Undertaking any false, fraudulent or any transaction in anticipation of the demand
Getting access, copying contents/ information or monitoring the same using any robot, process, system, spider or any other automated means or manual process for any intention without the permission of ERB.
Breaching of the limitation/conditions/restrictions of this platform or by restricting or circumventing other measures in order to limit the access to this platform
"frame", "mirror" or otherwise incorporate any part of this Platform into any other platform without our prior written authorization.

The User shall not use this Platform, Content or Online Mediums or any Intellectual Property for any purpose or in any manner that infringes the rights of any third parties. Any Copyright infringement of any content on this Platform that the User believes infringes the copyright or any other Complaints should be reported to the Grievance officer of the ERB.

3. Privacy Policy

By using this Platform, User hereby grants consent to the use of his/her information. The User’s information shall be used by the ERB in the course of business Any KYC documents, insurance policy details, policy-related information, or other records submitted or made available by the User through the Platform shall be securely collected, processed and retained by ERB for business purposes only.

The User authorises ERB to extract, digitise, classify, read and process information contained in insurance policy documents uploaded on the Platform through manual review, optical character recognition (OCR), automated extraction technologies or similar processing methods for the purpose of generating reports and recommendations.

Any decision to purchase, renew, modify or rely upon any insurance product or recommendation shall remain solely at the User's discretion and shall be subject to the applicable insurer's underwriting criteria, internal policies and all applicable laws and regulatory requirements. ERB shall not be liable for the rejection, modification, issuance, pricing or non-availability of any insurance policy or related service.

ERB may verify or supplement the information provided by the User using information received from insurers, intermediaries, authorised business partners or other lawful third-party sources, wherever permitted under applicable law.

4. Registration/Account

By using this Platform, the User agrees that the User is the person of legal age and capable of entering into Agreement and not disqualified under any laws of India or other applicable jurisdiction. Further the User consents that the User will use this Platform for legitimate purposes and will not do any acts which are illegal in nature.

The User hereby agrees that the sole responsibility to maintain the confidentiality of the password along with the Login ID of the User. The Mobile number or any contact information provided shall be linked with the Login ID and together all the mentioned contents constitute “Registered Information” of the User. The User further agrees through this Agreement that sole responsibility of the activities done through the Registered account of the User shall be of the User alone / solely the User. It is hereby advised that Users shall always Log out from their respective accounts at the end of each session/Login. The User agrees to notify the ERB in case of any unauthorized access, discrepancies or breach of security and it is further agreed that the ERB shall not be held liable for any unauthorized access or usage thereby unless proved that such act has been committed from ERB or by any personnel thereon.

The User under this agreement is bound to provide the correct, accurate and complete information and shall further inform any change/ modification/ update in the registered information in order to make us available with the up to date information. The User shall be solely responsible for any incorrect, wrong, misleading information given/delivered to the ERB. The User agrees that the User will not make any unlawful attempt to access this platform.

Access to and use of password protected areas of this Platform is restricted to authorized users only. The User agrees that:

The User will provide current, complete and accurate identification, contact and other information about the User as the user may be prompted by the registration process on this Platform.
The User is responsible to maintain, keep current and update any registration data and other information which the User provides to ERB.
The User is entirely responsible for maintaining the security of the password, identification and account and for any and all activity that occurs under User’s account.
The User will notify ERB immediately of any unauthorized access or use of the User’s account or password or any other breach of security. The User understands that any person with the password will be able to access User’s account and any registration data, including, without limitation access to the servers and applications accessible through the User’s account.
The User accepts sole risk of unauthorized access to User’s account.
ERB will not be liable to the user for any loss that the user may incur as a result of someone else using the User’s respective password or account with or without the knowledge of User. The User may be held liable for losses incurred by ERB or any other user or visitor to this Platform due to someone else using the password or account. The User may not use anyone else’s account at any time, without the permission of the account holder.

5. Customer Due Diligence requirements (CDD)

The User hereby agrees and acknowledges that the ERB may undertake Due Diligence process and would make use of the information provided by the User for KYC purpose and the User being a customer is under obligation to provide the same. The ERB may utilize the information which is enough to comply with the Prevention of Money Laundering Act, rules and regulations and to facilitate the product requirements.

6. Eligibility

User declares and confirm that he/ she/ it is a resident of India, above 18 (Eighteen) years of age (duly registered in case of Entity), and has/have the capacity to contract as specified under the Indian Contract Act, 1872, while availing the Services offered by the ERB.

7. Submitted Content

The User while submitting the documents through this platform agrees that the User shall be solely responsible for the contents posted/uploaded. The content submitted/ uploaded gives the ERB a non-terminable, irrevocable, royalty free, worldwide, perpetual and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works and sublicense such materials or any part of such content submitted or any part thereof. The Users are prohibited from posting or transmitting to or from this Platform: (i) any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material or content that would violate rights of publicity and/or privacy or that would violate any law; (ii) any commercial material or content (including, but not limited to, solicitation of funds, advertising, or marketing of any good or services); and (iii) any material or content that infringes, misappropriates or violates any copyright, trademark, patent right or other proprietary right of any third party. Any harm to this Platform from the documents submitted/uploaded by the User shall be responsibility of the User and the User will be liable to compensate for the same.

The User represents and warrants that all documents uploaded to the Platform belong to the User or that the User has obtained all necessary authority, permissions and consents for uploading such documents. The User expressly authorises ERB to scan, digitise, classify, store and process uploaded insurance documents for generating reports and providing Platform services.

8. Disclaimer of Warranty

ERB provides the Platform and Services on an "as is", "as available" and commercially reasonable efforts basis, without any representation or warranty, express or implied, except as expressly stated under applicable law. To the maximum extent permitted by law, ERB disclaims all warranties including, without limitation, warranties relating to merchantability, fitness for a particular purpose, accuracy, completeness, reliability, uninterrupted availability, security or non-infringement.

The User acknowledges and agrees that the reports, analyses, comparisons, recommendations and other outputs generated through the Platform are prepared using automated analytical tools, algorithms and technology-assisted processes based on the information provided by the User and other lawfully available information. Such reports are intended solely for informational and facilitative purposes and shall not constitute legal, financial, tax, investment or insurance advice. ERB does not guarantee the accuracy, completeness or suitability of any report, recommendation or comparison, and the User shall exercise independent judgment before acting upon any recommendation.

The accuracy of any report or recommendation is dependent upon the correctness, completeness and timeliness of the information and documents submitted by the User. ERB shall not be responsible for any incorrect analysis or recommendation resulting from inaccurate, incomplete, misleading or outdated information furnished by the User or obtained from authorised third-party sources.

ERB does not guarantee issuance, renewal or continuation of any insurance policy; acceptance of any proposal by any insurer; approval or settlement of any insurance claim; availability, pricing, premium, benefits or terms of any insurance product; uninterrupted availability or operation of the Platform or any feature thereof; or compatibility of the Platform with every device, browser or operating environment.

Where the Platform facilitates recommendations or comparisons of insurance products, such recommendations are generated based on predefined analytical parameters and available information. ERB does not intentionally favour any insurer solely on account of commercial arrangements, commissions or business relationships.

Where any paid Services are offered through the Platform, ERB reserves the right to introduce, revise, modify or withdraw any fees or charges at its sole discretion by publishing the revised charges on the Platform. Continued use of the paid Services after such publication shall constitute acceptance of the revised charges.

Payments for paid Services shall be made only through payment methods authorised by ERB or its authorised payment gateway service providers. ERB acts solely as a facilitator for processing payments and shall not be liable for any delay, failure, rejection, reversal, refund delay or non-processing of payments attributable to any bank, payment gateway, financial institution or other third-party service provider.

The User shall provide complete, accurate and valid payment information and shall use only payment instruments lawfully owned or duly authorised for such use. ERB reserves the right to refuse, suspend or cancel any transaction which appears to be fraudulent, unauthorised, unlawful or otherwise inconsistent with these Terms.

9. Limitation of Liability

To the fullest extent permitted under applicable law, ERB, its affiliates, directors, officers, employees, agents and service providers shall not be liable for any indirect, incidental, consequential, special or punitive damages, including loss of profits, business, goodwill, data or opportunity, arising out of or in connection with the use of, or inability to use, the Platform or Services, reliance on any report, recommendation or comparison generated through the Platform, any interruption or unavailability of the Platform, any act or omission of insurers or other third parties, or any inaccurate or incomplete information provided by the User.

The User acknowledges that the decision to purchase, renew, modify or discontinue any insurance product shall remain solely at the User's discretion, and ERB shall not be responsible for the outcome of any such decision.

Nothing in these Terms shall exclude or limit ERB's liability where such exclusion or limitation is prohibited under applicable law. Subject to the foregoing, ERB's aggregate liability for any claim arising out of or relating to the Platform or Services shall not exceed the fees actually paid by the User to ERB for the relevant Service giving rise to such claim. Where no fees have been paid, ERB's liability shall be limited to the maximum extent permitted under applicable law.

10. Indemnity

The User agrees to defend, indemnify and hold harmless ERB, its affiliates, directors, officers, employees and representatives from and against any claims, liabilities, damages, penalties, losses, costs and expenses (including reasonable legal fees) arising out of or relating to:

a) breach of these Terms;
b) violation of applicable law;
c) infringement of third-party rights;
d) misuse of the Platform;
e) inaccurate or unauthorised information provided by the User.

This obligation shall survive termination of these Terms.

11. Additional Terms and Conditions

ERB reserves the right to make changes to this Platform, related policies and agreements, this Agreement and the Privacy Policy at any time as it deems fit and proper, including but not limited to comply with changes in law or regulation, correct inaccuracies, omissions, errors or ambiguities, reflect changes in the process flow, scope and nature of the Services and ancillary services, ERB re-organization, market practice or customer requirements. Upon any change, ERB will notify the updated Terms on this platform or other means. User’s continued use of the Services and ancillary services constitutes acceptance of the changes and an agreement to be bound by Terms, as amended. If User does not agree to the changes, the User may please discontinue the use of the Services and ancillary Services.

The ERB reserves the right to revise and update this Privacy Policy at any time without expressly informing the Information Providers. Any such revisions will be effective on and from the date of posting the same to the intranet/internet platform of the ERB, and will apply to all information collected both prior to and following the effective date. The User should visit this platform and intranet periodically to review the current policies with regard to sensitive personal information. Use of this Platform of the ERB following any such revisions will be deemed acceptance by the Information Providers of such revisions.

ERB reserves the right to discontinue or suspend, temporarily or permanently, the Services by giving reasonable time period notice, on a best effort basis, unless it is merely to change certain features/contents of the Services and/or Platform or maintain the security and integrity of the Services. User agree that ERB will not be liable to any User in any manner whatsoever for any modification or discontinuance of the Services.

ERB may, from time to time, announce certain offers with intent to promote its Platform and/or Services (“Promotional Offer/s”). The Promotional Offer(s) would always be governed by this Agreement plus certain additional terms and conditions, if any prescribed. The said additional terms and conditions, if prescribed, would be specific to the corresponding Promotional Offer only and shall prevail over these Agreement, to the extent they may be in conflict with these Terms. ERB reserves the right to withdraw, discontinue, modify, extend and suspend the Promotional Offer(s) and the terms governing it, at its sole discretion.

ERB may communicate reports, recommendations, reminders and service-related information through email, SMS, WhatsApp Business, mobile notifications or other electronic communication channels.

This platform may contain links to other sites including social media sites, whose information practices may be different from the ERB. The User should read such third party’s platforms privacy notices and ERB does not control those sites or their privacy practices. The ERB do not endorse or make any representations about third-party platforms.

12. Right to opt out and withdrawal

The Users Personal Identification Information is stored in databases located at India and on the servers of the cloud-based database management services that the ERB engages. The ERB shall retain the users Personal Information pursuant to the business purposes and in line with our retention policies.

The ERB respects the Users privacy considerations and hence provides the user has an option to refuse to provide the Personally Identifiable Information or information sought to be collected. The User also have the option to subscribe/opt-in to receive newsletters, new alerts and marketing content. The User can always opt-out of such options by writing to the mail mentioned at the bottom of this Agreement. The ERB shall adhere to User’s preferences.

13. General

13.1 Entire Agreement

These Terms constitute the entire agreement between ERB and the User in relation to the access to and use of the Platform and supersede all prior communications, understandings and agreements relating thereto. The User may also be subject to additional terms applicable to specific services or features of the Platform, which shall form part of these Terms to the extent applicable.

13.2 Relationship of Parties

Nothing contained in these Terms shall be construed as creating any partnership, agency, employment, fiduciary, joint venture or principal-agent relationship between ERB and the User.

13.3 User Obligations

The User shall use the Platform only for lawful purposes and shall not engage in any fraudulent, misleading, abusive or unlawful activity that may adversely affect ERB, the Platform or any third party.

13.4 Suspension and Termination

ERB may suspend or terminate the User's access to the Platform immediately if the User breaches these Terms, provides false or misleading information, engages in fraudulent or unlawful activities, compromises the security or integrity of the Platform, or otherwise misuses the Services. Such termination shall be without prejudice to any other rights or remedies available to ERB under applicable law.

13.5 Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of India. Any dispute, controversy or claim arising out of or relating to these Terms or the Services shall first be attempted to be resolved amicably within thirty (30) days from receipt of written notice by either Party. If the dispute is not resolved, it shall be referred to arbitration in accordance with the Arbitration and Conciliation Act, 1996. The arbitration shall be conducted by a sole arbitrator mutually appointed by the Parties. If the Parties fail to agree upon the appointment of the arbitrator within thirty (30) days, the appointment shall be made in accordance with the Arbitration and Conciliation Act, 1996. The seat and venue of arbitration shall be Mumbai, Maharashtra, India, and the proceedings shall be conducted in English.

Subject to the above, the courts at Mumbai shall have exclusive jurisdiction over matters not capable of being referred to arbitration.

13.6 Severability

If any provision of these Terms is held to be invalid, illegal or unenforceable by a court or competent authority, such provision shall be deemed severed to the minimum extent necessary, and the remaining provisions shall continue in full force and effect.

13.7 Waiver

The failure or delay by ERB in exercising any right or remedy under these Terms shall not constitute a waiver of such right or remedy or prevent its subsequent exercise.

13.8 Language

These Terms are executed in the English language, and all notices, communications and proceedings relating to these Terms shall be conducted in English.

13.9 Survival

Any provisions which by their nature are intended to survive termination of these Terms, including but not limited to Intellectual Property, confidentiality, indemnity, limitation of liability, dispute resolution and governing law, shall continue to remain in effect notwithstanding termination of these Terms.

14. Cookies and other technologies

This Platform uses cookies. A cookie is a text-only string of information that a Platform transfers to the cookie file of the browser on User’s computer’s hard disk so that Platform can remember who the User is.

15. Our commitment to security

The ERB utilizes appropriate physical, technical and administrative procedures to safeguard the information they collect. The ERB takes reasonable steps to ensure that all dealings in personally identifiable information is processed fairly & lawfully after receiving consent of the information provider. The ERB may retain the Users personally identifiable information as long as there is a business requirement, and/or if otherwise required under applicable laws.

16. Grievance Redressal

Any grievance or complaint, in relation to processing of information, should be sent to the ERB in writing to following Contact Number and Email ID. Grievance shall be redressed as expeditiously as possible.

Email: connect@testmypolicy.com
Address: 2nd Floor, I Square, S.V. Road, Siddharth Nagar, Near Ram Mandir Signal, Goregaon West, Mumbai - 400104