In the process of using this Website, the Privacy Policy as set forth in the Website https://mialtus.in/ shall be applicable.

LIMITATION OF LIABILITY

Under no circumstances, including but not limited to negligence, shall Mialtus, its employees and directors, its suppliers and its third party advisors be liable to you for any direct, indirect, incidental, special or consequential damages or any damages whatsoever including punitive or exemplary (including, but not limited to, damages caused by any virus, personal injury, loss of profits, data or other intangible, business interruption, loss of privacy, or any other pecuniary loss), arising out of or in any way connected with the use/delivery/performance of this Website, with the delay or inability to use this website or any links or items on the Website, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through this Website, or otherwise arising out of the use of this Website, whether based on contract, tort, strict liability or otherwise, or for cost of procurement of substitute goods and repair & correction services or resulting from the use of this Website or obtained or messages received or transactions entered into through or from the Website or resulting from unauthorized access to or alteration of your transmissions or data, even if we have been advised of the possibility of such damages.

You agree that we shall not be liable for any damages arising from interruption, suspension or termination of the Website, including but not limited to direct, indirect, incidental, special, consequential or exemplary damages, whether such interruption, suspension or termination was justified or not, negligent or intentional, inadvertent or advertent. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages. However, in no event shall our liability to you for all damages, losses and causes of action (whether in contract or tort, including but not limited to, negligence) exceed the amount paid by you, if any, for accessing the Website.

Policy/ies are marketed and/or distributed solely by Mialtus and are not in any way associated to or being sold, marketed or offered for sale by the Payment Gateway Service provider and the Payment Gateway Service provider shall not be liable for the same.

All transactions that are carried out by and on behalf of the Customer shall be subject to Government notifications, the rules, regulations and guidelines issued by the Insurance Regulatory and Development Authority, the Securities and Exchange Board of India, the Reserve Bank of India, and those of other regulatory bodies defining rules/regulations governing the offer of any service on the Website.

Mialtus does not guarantee or warranty that there will be uninterrupted access to and/or use of the Payment and Delivery Mechanism.

Mialtus shall not be liable if any transaction does not fructify or may not be completed or for any failure on part of Mialtus to perform any of its obligations under these Terms & Conditions or those applicable specifically to its services/facilities if performance is prevented, hindered or delayed by a Force Majeure event (defined below) and in such case its obligations shall be suspended for so long as the Force Majeure event continues.

JURISDICTIONAL ISSUES

Unless otherwise expressly set forth herein, Mialtus makes no representation that materials on this Website are appropriate or available for use in any location. Those who choose to access this Website do so on their own initiative and are responsible for compliance with local laws. The services/products which are part of the Website do not constitute an offer to sell or a solicitation of an offer to buy any policies/products to any person in any jurisdiction where it is unlawful to make such an offer or solicitation.

Except as specifically set forth herein the information contained on this Website is not an offer to sell or any security, insurance product or other product or service. No security, insurance product or other product or service is offered or will be sold in any jurisdiction in which such offer or solicitation, purchase or sale would be unlawful under the securities, insurance or other laws of such jurisdiction. Some products and services may not be available in all jurisdictions. All disputes shall be subject to the exclusive jurisdiction of courts at Mumbai.

Failure on the part of Mialtus to enforce any of the provisions hereof will not be construed to be a waiver of the rights vested in Mialtus to thereafter enforce such provisions. If any provision of these Terms & Conditions is held to be invalid, illegal or unenforceable, it will be enforced to the maximum extent possible, and the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired thereby.

NOTICE

Notices under these Terms & Conditions may be given by Mialtus to the Customer in writing by delivering them to the last address given by the Customer. Customer may give notice to Mialtus by delivering them to the address mentioned on the Website. In the case of hand delivery, cable, telex, facsimile notices or electronic communication notices or instructions will be deemed served 7 days after posting or upon receipt as the case may be. Documents, which may be sent by electronic communication between the parties, may be in the form of an electronic mail, an electronic mail attachment, or in the form of an available download from the Website. Mialtus shall be deemed to have fulfilled any legal obligation to deliver to the Customer if any such document is sent via electronic delivery.

MISCELLANEOUS

Mialtus performance to this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of Mialtus right to comply with governmental, court and law enforcement directions relating to the use of this Website or information provided to/gathered by Mialtus vis-à-vis such use.

Mialtus reserves the right to add, amend, revise suspend or cancel in whole or in part any of the services which are, or may become, part of the Website, without any prior notice to the Visitors or Customers. Any addition, suspension, revision, amendment, cancellation or suspension shall be effective and binding on the Visitors and Customers.

Mialtus may introduce new services in relation to the Website from time to time. The existence and availability of the new services will be notified on the Website as and when they become available and any revisions in the Terms & Conditions will take place in accordance with these Terms & Conditions. In addition, Mialtus may also publish notices of general nature, which are applicable to all Visitors or Customers in a newspaper or on its Website. Such notices will have the same effect as a notice served individually to each Visitor or Customer.

Mialtus may transfer or assign its rights and obligations under these Terms & Conditions to any Affiliate.

Mialtus shall try and ensure that all information that is provided on the Website with respect to policies / products are accurate in all respects and are kept up to date. However, Mialtus does not guarantee the timeliness, accuracy, completeness, reliability or content of the information and any changes that are made with respect to the same and the Visitor/Customer is required to check the accuracy of the same with the office of Mialtus.

COVID-19 Update:

The novel Coronavirus outbreak might negatively impact our services in the coming days. You might face delays and inconveniences, and we apologise for all of it in advance. Rest assured that we’re working hard to minimise its impact and continue to serve you without letting down our standards. We are grateful for your support and patience in these testing times. Feel free to contact us for any queries or concerns.

MODIFICATION OF THESE TERMS & CONDITIONS

Any addition, suspension, revision, amendment, cancellation or suspension shall be effective and binding on the Visitors and Customers. Mialtus may introduce new services in relation to the Website from time to time. The existence and availability of the new services will be notified on the Website as and when they become available and any revisions in the Terms & Conditions will take place in accordance with these Terms & Conditions.

CONTACT

You authorize Mialtus to send SMS and email on the contact number and email ID (made available by you on our Website) and offer you information and services for the product you have opted for. You authorize us to call, SMS or email you for the mentioned purpose, irrespective of whether you register with the NDNC registry. Mialtus may from time to time send by e-mail or otherwise, information relating to products and services offered by its Affiliates, general information related to financial and other services, life and general insurance products.