Apollo Munich Health Insurance Company Limited (Apollo Munich Health), a company incorporated in India under the Companies Act, 1956. Apollo Munich Health has been registered under section 3 (2A) of the Insurance Act, 1938 (Act 4 of 1938) and licensed by IRDA, and is engaged in the business of health insurance.
Terms and Conditions governing the use of apollo munich health’s web site by visitors and customers (As defined herein).
In this document the following words and phrases have the meanings set opposite them unless the context indicates otherwise:
Affiliate of Apollo Munich Health shall mean and include:
a. Apollo Hospitals Group Companies and Apollo Munich Group companies; or
b. any company which is the holding or subsidiary company of Apollo Hospitals Group Companies; or
c. a person under the control of or under common control with Apollo Hospitals Group Companies; or
d. any person, in which Apollo Munich Health has a direct or beneficial interest or control in 26% or more of the voting securities of such person.
For the purpose of this definition of Affiliate, "control" together with grammatical variations when used with respect to any Person, means the power to direct the management and policies of such Person, directly or indirectly, whether through the ownership of the vote carrying securities, by contract or otherwise howsoever; and "Person" means a company, corporation, a partnership, trust or any other entity or organisation or other body whatsoever.
Advisor means a general insurance agent attached to Apollo Munich Health, and who holds a license for being an Insurance Agent from the Insurance Regulatory and Development Authority, India (“IRDA”)
Bank Account refers to the Customer's account with any bank acceptable to the Company ("Approved Bank"), which may either be a current account, savings account, fixed deposit, term deposit or any other account facilities that the Approved Bank may offer from time to time.
Call Center means the call center set up by Apollo Munich Health to assist Customers of Apollo Munich Health with respect to various transactions and to furnish information etc.
Customer means a Policy Holder accessing the Web Site for obtaining information on Apollo Munich Health's insurance products, including access to all facilities that are or may be provided / offered to the Visitors and Customers from time to time on the Web Site.
Customer Password means the password or other means of authentication as Apollo Munich Health may specify from time to time provided to/required to be provided to the Customer, and using which the Customer may authorise transactions which shall include but shall not be limited to downloadable request for proposal and claim forms for various insurance products that are offered by Apollo Munich Health, etc. Apollo Munich Health may decide to permit other transactions or to discontinue existing transactions from time to time, further details of which shall be provided on the Web Site.
Company or Apollo Munich Health / We means Apollo Munich Health Insurance Company Limited, and shall include the successors and/or assigns of Apollo Munich Health.
Policy means the various insurance policies that Apollo Munich Health may offer from time to time.
Policy Holder means a person who purchases a Policy from Apollo Munich Health.
Terms or Terms and Conditions means the terms and conditions for use of the Web Site, as specified herein, by Visitors and Customers.
Transaction Password means the password, or other means of authentication as Apollo Munich Health may specify from time to time, that is provided by Apollo Munich Health to the Customer upon provision of which, the Customer would be able to authorise transactions specified by Apollo Munich Health from time to time, further details of which shall be provided on the Web Site.
Visitor means any person having access to the Web Site for general information about Apollo Munich Health and its products and other facilities offered from time to time on the Web Site.
Web Site means the portal located at the URL www.apollomunichinsurance.com You/Your means the Visitor or Customer, as may be applicable.
In this document, all references to the Visitor or Customer in masculine gender shall be deemed to include the feminine gender and singular includes plural and vice versa and the word "includes" should to be construed as "without limitation".
1B. Applicability of Terms
These Terms and Conditions, in so far as they refer to the Visitor and Customer, form the agreement between such Visitor/Customer and Apollo Munich Health. By accessing the Web Site, the Visitor or Customer unconditionally acknowledges and accepts these Terms and Conditions.
1C. Right To Alter The Services
Apollo Munich Health reserves the right to add, amend, revise suspend or cancel in whole or in part any of the Website, services, etc., which are, or may become, part of the Web Site, without any prior notice to the Visitors or Customers, at any time and for any reason. Any addition, suspension, revision, amendment, cancellation or suspension shall be effective and binding on the Visitors and Customers. Apollo Munich Health may introduce new services in relation to the Web Site from time to time. The existence and availability of the new services will be notified on the Web Site as and when they become available and any revisions in the Terms and Conditions will take place in accordance with these Terms and Conditions.
2. Terms of usage of the site with reference to the visitors
Acceptance of the Terms
By accessing the Web Site, the Visitor unconditionally acknowledges and accepts these Terms and Conditions.
The availability of the information and guidance as part the Web Site does not constitute a recommendation by Apollo Munich Health, of any medical practice, particular medicine, or to buy any policies etc., discussed therein by Apollo Munich Health or any of their personnel. Visitor shall be solely responsible for any decisions, which the Visitor should arrive at after Visitor's own evaluation of the policies / products of Apollo Munich Health and his/her need for the same, and post consultation with any of Visitors advisors.. While adequate care would be taken to ensure completeness, accuracy, etc., of the information/services provided, neither Apollo Munich Health nor any of their personnel shall in any circumstance be liable for any loss or damage caused by a Visitor's reliance on information obtained through the Web Site. It is the sole responsibility of the Visitor to evaluate the completeness, accuracy or usefulness of any opinion, guidance or other content made available on the Web Site and the Visitor should consult his/its own legal counsel, business advisor, medical advisor and tax advisor as to the legal, business, medical, tax and related matters concerning any policies with respect to which guidance is sought or given at the website.
3. Terms of usage of the site with reference to the customers
Customer Password and Transaction Password
In the event that Apollo Munich Health has, or may from time to time, introduce or offer certain services on the Web Site which require authentication procedures, the Customer would be able to access such services by using the Customer ID and the Customer Password. By using the Customer ID and the Customer Password the Customer can authorize the transactions. The Customer may be provided a Transaction Password, which would enable the Customer to carry out such transactions as may be specified from time to time by Apollo Munich Health. The Customer would not be able to carry out the transactions without the use of the Transaction Password. The terms governing the Customer ID, Customer Password and Transaction Password are as follows:
Subject to the Terms, Apollo Munich Health shall take reasonable care to ensure the security of and to prevent unauthorized access to the services, which are part of the Web Site using technology reasonably available to Apollo Munich Health.
The Customer confirms and agrees that he will be the sole and exclusive owner and is the only authorized user of the Customer ID and the Customer Password and/or Transaction Passwords and accepts sole responsibility for use, confidentiality and protection of the Customer ID and the Customer Password and/or Transaction Passwords as well as for all transactions authorized by such password/s and shall ensure that the password/s is/are not revealed to any third party or recorded in any written or electronic form.
If the Customer forgets /loses the Customer ID or the Customer Password/Transaction Password, or is otherwise desirous of a change in the said passwords, Customer can request for change of the password(s) by sending a written request to Apollo Munich Health at the address or notify the indicated telephone number of the Call Centre. On the receipt of such a request Apollo Munich Health shall discontinue the use of the old Customer Password and/or Transaction Password(s) and shall generate a new password(s) for the Customer, which shall be communicated to the Customer or require the Customer to procure a fresh means of authentication. However, the Customer shall be responsible and liable for all transactions that are carried out by the use of the Customer ID or the Customer Password/ Transaction Password, as the case may be, till the time of discontinuation of the current Customer ID or Customer Password or Transaction Password.
Any transaction authorized by using the Customer ID and Customer Password / Transaction Password is deemed to be that of the Customer and Apollo Munich Health is not responsible for any mistake / error made by the Customer as to the nature of the transaction. If third parties gain access to the services offered through the use of the Customer ID and Customer Password/Transaction Password, the Customer shall be deemed to be responsible for the transaction and the Customer hereby indemnifies and holds harmless Apollo Munich Health against any liability, costs or damages arising out of such transaction or claims or suits by or against such third parties based upon or relating to such access and use. The Customer shall be solely responsible for (a) providing and maintaining the communications equipment (including personal computers and modems) and telephone or alternative services required at the Customer's end for accessing and using the Web Site or related services, and (b) for all communications service fees and charges incurred by the Customer in accessing the Web Site or related services. It is the Customer's responsibility to ensure that no unauthorized person has access to his computer or leave it unattended whilst accessing the Web Site.
Apollo Munich Health would be entitled, at its sole discretion, to seek offline written or other confirmation from the Customer of any transaction as it may deem fit.
The Customer shall promptly and immediately notify Apollo Munich Health in writing, delivered via e-mail and/or Registered AD, or notify through the indicated telephone number of the Call Centre on the Customer becoming aware of any loss, theft or unauthorized use of the Customer ID and/or Customer Password/Transaction Password; or any receipt by the Customer of confirmation of any transaction which the Customer did not authorise; or any inaccurate information in the Customer's account balances, securities positions, or transaction history. Whereupon Apollo Munich Health will investigate the matter and if possible or permitted, under the applicable laws or Company policies, cancel/modify any transaction or refund any portion of the amounts paid by the Customer, at the sole discretion of Apollo Munich Health. However notwithstanding anything herein, the Customer shall be fully liable for any transaction authorized by Customer Password or Transaction Password. Neither Apollo Munich Health nor any of their officers, directors, employees, Advisors, Affiliates or subsidiaries can or will have any responsibility or liability to the Customer or to any other person whose claim may arise through the Customer with respect to any of the circumstances described above. Under no circumstances shall Apollo Munich Health or anyone involved in creating, producing, delivering or managing the services which are part of the Web Site be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the services, or out of any breach of any warranty.
In the event that the certifying authorities and other infrastructure contemplated under the Information Technology Act, 2000, for ensuring secure electronic records and secure digital signatures is notified by the concerned authorities and the infrastructure to enable the same is in place, Apollo Munich Health would have the right to require the Customers to authorise use, operate or otherwise authorise, the transactions by means of digital signatures or other means of authentication as Apollo Munich Health may require and/or discontinue the usage of the Customer Password and the Transaction Password.
Subject to the Terms and Conditions, Apollo Munich Health shall take reasonable care to ensure the security of and to prevent unauthorized access to the services, which are being provided through the Web Site using technology reasonably available to Apollo Munich Health.
4. Authority to Apollo Munich Health
Apollo Munich Health may permit Customer to transact on the Website and where the Customer chooses to transact on the Website, the Customer irrevocably and unconditionally (a) agrees to the terms and conditions applicable to such transactions outlined on the web, and (b) authorises Apollo Munich Health to carry out his instructions, effecting such transactions in accordance with these Terms and such other terms as may be specified by Apollo Munich Health, and (c) agrees to discharge any of Customers obligations which may arise therefrom. Certain transactions would be effected only after the Customer authorises it by using the Customer/Transaction Password and Apollo Munich Health shall have no obligation to verify the authenticity of any such duly authorized transaction.
5. Evidence of transactions
In respect of any transactions which may be permitted by Apollo Munich Health via the Website from time to time, Apollo Munich Health's own records of such transactions, maintained through computer systems or otherwise, shall be accepted as conclusive evidence and binding on the Customer for all purposes. More particularly, the record of Apollo Munich Health generated by the transaction(s), including the recording of the time of the transaction(s), shall be conclusive proof of the genuineness and accuracy of such transactions.
6. Legal disclaimer
The Web Site is maintained by Apollo Munich Health and your use of the Web Site is subject to the Terms and Conditions and all applicable Indian laws. This Website is offered to you on the condition that you accept the Terms and Conditions contained herein, without modification or reservation of any of the terms, conditions and notices contained herein and by accessing and browsing this Website, you accept, without limitation or qualification, the Terms and Conditions and acknowledge that any other agreement between you and Apollo Munich Health are superseded and of no force or effect. This Web Site may contain links to other websites, web-pages and services also operated by Apollo Munich Health and / or its Affiliates (the "APOLLO Munich Health Sites"), and your use of each APOLLO Munich Health Site is also subject to the Terms and Conditions and other terms and guidelines, if any, contained within each such APOLLO Munich Health Site. In the event that any of the terms, conditions, and notices contained herein conflict with the Terms and Conditions or other terms and guidelines contained within any particular APOLLO Munich Health Site, then the Terms and Conditions and other terms and guidelines for such APOLLO Munich Health Site shall prevail. You hereby agree and confirm that you shall click on the links to, and familiarize yourself with the terms and conditions and other terms and guidelines found throughout this Web site and the APOLLO Munich Health Sites and abide by them if you choose to use the sites, pages or services to which they apply.You should assume that everything you see or read on the Website (including but not limited to directories, guides, news articles, opinions, reviews, text, photographs, /images, illustrations, profiles, audio clips, video clips, trademarks, service marks and the like, (collectively "the Content") is copyrighted/ protected by intellectual property laws unless otherwise noted and may not be used except as provided in these Terms and Conditions or in the text on the Website without the prior written permission of Apollo Munich Health. Apollo Munich Health neither warrants nor represents that your use of materials displayed on the Website will not infringe patent, copyright or any intellectual property rights or any other rights of third parties not owned by or affiliated with Apollo Munich Health. The disclaimer as set forth herein is in addition to the legal disclaimer as specified in the website www.apolloMunich Healthinsurance.com.
7. Terms and conditions of use
The Website is deemed to be accessed or in use by you when it is loaded in temporary or permanent memory of the computer (including any other device such as a mobile phone with internet browsing via GPRS facility, etc.) you are utilizing to access the Website.
8. Restrictions on Use
Unless expressly permitted by Apollo Munich Health, You agree not to use the Web Site except strictly for your personal use. You agree not to use this Web Site for any illegal purpose or in any manner inconsistent with these Terms and Conditions. You agree not to use, transfer, distribute or dispose of any information contained in the Web Site in any manner that could compete with the business of Apollo Munich Health or otherwise compromise or imperil the interests of Apollo Munich Health. You acknowledge that the Web Site has been developed, compiled, prepared, revised, selected and arranged by Apollo Munich Health and others (including certain other information sources) through the application of methods and standards of judgement developed and applied through the expenditure of substantial time, effort and money and constitutes valuable intellectual property and may also include trade secrets of Apollo Munich Health and such others. By accessing the Website, You agree to protect the proprietary rights of Apollo Munich Health and all others having rights in the Web Site or its content during and after the term of this agreement and to comply with all reasonable written requests made by Apollo Munich Health or its suppliers of content, equipment or otherwise to protect their and others' contractual, statutory and common law rights in the Web Site. You agree to notify Apollo Munich Health in writing promptly upon becoming aware of any unauthorized access or use of the Web Site by any party or of any claim that the Web Site infringes upon any copyright, trademark or other contractual, statutory or common law rights. You may download and retrieve data from the Web Site on your computer screen, print individual pages on paper, photocopy and store such pages in an electronic form on disk (but not on any server or other storage device connected to a network) for your exclusive personal use only. You further acknowledge that all the intellectual property in the Web Site continues to vest with us or our licensors, as applicable.
9. You shall not
Reverse engineer, decompile, disassemble, copy, reproduce, distribute, modify, transmit, perform, publish or create derivative works from or in any way exploit any of the services or content, in violation of the Terms and Conditions or the laws of any country; or
Create a database in electronic or structured manual form by systematically downloading and storing all or any part of the Web Site save and except such information as relates to your Policy, if you are a Customer; or
Rent, lease, sell, sublicense, or lend your access to the Web Site; or
Cache or permit caching by any person; or
Do any act that violates our intellectual property in the Website; or
Engage in any fraudulent, abusive or illegal activity, including but not limited to any prohibited activity outlined in the Information Technology Act, 2000, communication or solicitation designed or intended to fraudulently obtain the password or any private information of any use; or
Use the Web Site to violate the security of any computer network, crack pass words or security encryption codes, transfer or store illegal material including threatening or obscene material or engage in any kind of illegal activity; or
Run mail list or any form of auto-responder, or spam on the Web Site or any processes that are run or are activated while you are not logged on; or
Any activity which results in manipulation, defacement, hijacking, hacking, etc., of the Website.
Although Apollo Munich Health reserves the right to monitor or review any facilities, if established or otherwise offered at the Web Site for discussions, chats, postings, transmissions, bulletin boards, and the like on the Website, Apollo Munich Health is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information contained within such locations on the Web Site. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. If you find that any such chat, posting, bulletin board, etc., is obscene, libelous, falsehood, inaccurate, etc., with regard to any person or personally affects you, you can immediately contact Apollo Munich Health with details of such matter, and Apollo Munich Health may (post their determination of the matter) take appropriate action. Apollo Munich Health will fully cooperate with any law enforcement authorities or court order requesting or directing Apollo Munich Health to share the details odf such postings, disclose the identity of anyone posting, or any such information or materials.
10. Access restriction
We reserve the right to restrict, partly or in whole, at our sole discretion and for any reason Apollo Munich Health may deem necessary, your access to the Web Site, including any portion thereof, without any prior notice or intimation.
11. Intellectual Property
We grant you the right to access this Web Site in accordance with these terms and conditions, and for no other purpose. Please note that the services and content on the Web Site, including but not limited to text, content, photographs, video, audio and graphics, are either the property of, or used with permission by, Apollo Munich Health and/or by Apollo Munich Health's licensors/suppliers and may be protected by applicable copyrights, trademarks, service marks, international treaties and/or other proprietary rights and laws of India and other countries. The trademarks, logos, slogans and service marks (collectively the "Trademarks") displayed on the Web Site, whether registered and unregistered, are proprietary Trademarks of Apollo Munich Health and others. Nothing contained on the Web Site should be construed as granting, by implication, estoppels, or otherwise, any license or right to use any Trademark displayed on the Web Site without the written permission of Apollo Munich Health or third party that may own the Trademarks. Your use of the Trademarks displayed on the Web Site, or any other content on the Web Site, except as provided in these Terms and Conditions, is strictly prohibited. You are also advised that Apollo Munich Health will aggressively enforce its intellectual property rights to the fullest extent permitted under the law, including the seeking of criminal prosecution. We shall be entitled to obtain equitable relief (including all damage, direct, indirect, consequential and exemplary), over and above all other remedies available to us, to protect our interests therein.
12. Links to third party web sites
The linked websites are not under our control and we are not responsible for the contents of any such linked website or any link contained in a linked website, advertisements appearing in or products offered by or any changes or updates to such websites. We are providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by us of the linked website.
13. Software Available on the Web Site
Software or information (if any) that is made available for use or download from this Web Site ("Software") is the copyrighted work of Apollo Munich Health and/or its licensors. Your use of the Software is governed by the terms of the end user license agreement (“License Agreement”), if any, which accompanies or is included in the Software. You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms.
You agree and undertake, at your own expenses, to indemnify, defend and hold harmless Apollo Munich Health, its directors and employees, representatives, suppliers and Advisors (“Apollo Munich Health Indemnitees”), against any claim, suit, action or other proceeding brought against Apollo Munich Health Indemnitees, to the extent that such claim, suit, action or other proceeding is based on or arises in connection with the use of this Web Site, or any links therein, including, but not limited to :
Your use or someone else's use of your access to the Web Site; or
Your use/operation or someone using/operating or conducting any transactions, where applicable; or
A violation of the terms and conditions contained herein by you or anyone using your or any other computer;or
A claim that any use of the Web Site by you or someone using your computer infringes any Intellectual Property Right of any third party, or any right of personality or publicity, is libelous or defamatory, or otherwise results in injury or damage to any third party; or
Any deletions, additions, insertions or alterations to, or any unauthorized use of, the Web Site by you or someone using your computer; or
Your use of any Software, in violation of the Terms and/or License Agreement; or
Any misrepresentation or breach of representation or warranty contained herein made by you; or
Any breach of any covenant or agreement to be performed by you hereunder; or
You agree and undertake to pay any and all costs, damages and expenses, including, but not limited to, reasonable attorneys' fees and costs awarded against or otherwise incurred by or in connection with or arising from any such claim, suit, action or proceeding attributable to any such claim.
15. Disclaimer of warranties
You expressly agree that use of the Web Site is at your sole risk. The Web Site is provided on an "as is" and "as available" basis.
Except as warranted in these Terms and Conditions, we expressly disclaim all warranties of any kind, whether express or implied or statutory, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, data accuracy & completeness, and any warranties relating to non-infringement.
We shall not be responsible or liable for the authenticity, accuracy, completeness, errors, omission, typographic errors, disruption, delay, interruption, failure, deletion, defect of any information, research, reports, analysis, quotes etc in this Web Site or any part thereof.
We shall not incur any liability direct or indirect, to you or any third party, as a consequence of non-functioning of any equipment belonging to you, any third party or us. We shall not be responsible for any downtime of such equipment.
We do not warrant that access to the Web Site will be uninterrupted, timely, secure, or error free; nor do we make any warranty as to the results that may be obtained from the Web Site or as to the accuracy or reliability of the content contained therein.
We make no warranty regarding the transactions entered into through the Web Site.
No advice or information, whether oral or written, obtained by you from or through the Web Site or any person shall create any warranty not expressly stated herein.
We shall not be liable for any action taken by you based on or relying on the information provided in or by the Web Site.
We will not be liable for any virus that may enter your system as a result of you using the Web Site. We make no guarantees to you or third parties that the content contained on the Web Site would be free from viruses, worms, Trojan horses, etc.
We will not be liable for any direct, incidental or consequential loss, which may be caused to you by such malware as a result of your use of the Web Site.
If you are dissatisfied with any portion of this Web Site or with any of these Terms and Conditions, your sole and exclusive remedy is to discontinue using the Web Site.
16. Use of "cookie" file features
Apollo Munich Health reserves the right to store information on a user's computer in the form of a "cookie" or similar file for purposes of modifying the Web Site to reflect users' preferences
17. Limitation of liability
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL Apollo Munich Health, 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 WEB SITE, WITH THE DELAY OR INABILITY TO USE THIS WEB SITE OR ANY LINKS OR ITEMS ON THE WEB SITE, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THIS WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEB SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHER WISE, OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND REPAIR & CORRECTION SERVICES OR RESULTING FROM THE USE OF THIS WEB SITE OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEB SITE 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 WEB SITE, 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. 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 WEB SITE OR FOR OBTAINING A POLICY OR SERVICE FROM THE WEBSITE, AS APPLICABLE.
18. Modification of these terms and conditions
Apollo Munich Health has the absolute discretion to amend or supplement any of these Terms at any time and will endeavour to give prior notice of five days for such changes wherever feasible. The notice of modifications to the Terms shall be displayed on the Web Site. In the case where the Customer no longer wishes to use the Web Site on such new terms and conditions he/she is entitled to terminate his/her relationship in accordance with the termination clause in these Terms. On and from the date on which the notice of amendment, modification or supplement is notified by display on the Web Site, the Customer shall, by virtue of these Terms and without any further act, deed or writing on the part of any party, be deemed to have accepted the changed terms and conditions by his further use/access or visit to the Web Site.
If any part of these Terms and Conditions are determined to be invalid or unenforceable pursuant to applicable law, rule, administrative order or judicial decision by any court, or regulatory or self-regulatory agency or body, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then such invalidity or unenforceability shall attach only to such provision or condition and the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms and Conditions shall continue in effect as if any such invalid or unenforceable provision or condition was not contained herein.
Notices under these Terms may be given by Apollo Munich Health and the Customer in writing by delivering them by hand or by sending them by post to the last address given by the Customer and in the case of Apollo Munich Health to the contact address mentioned on the Web Site.
In addition, Apollo Munich Health may also publish notices of general nature, which are applicable to all Visitors or Customers in a newspaper or on its Web Site. Such notices shall have the same effect as a notice served individually to each Visitor or Customer.
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 Web Site. Apollo Munich Health shall be deemed to have fulfilled any legal obligation to deliver to the Customer, if any such document is sent via electronic delivery at the electronic mail id last provided by the Visitor or Customer. Any instructions received from the Customer/Visitor by means of electronic delivery or by facsimile would be deemed to have been sent on paper.
This Agreement is subject to the laws of Republic of India, and in respect of any matter arising herein, the courts at Gurgaon shall have exclusive jurisdiction. Apollo Munich Health accepts no liability whatsoever, direct or indirect for non-compliance with the laws of any country other than that of India. The mere fact that the Web Site can be accessed by a Visitor or a Customer in a country other than India would not mean that the laws of the said country would govern these Terms and/or the Web Site operations of the Customer and/or the use of the Web Site by the Visitor or the Customer.
Apollo Munich Health offers Policies strictly in accordance with the IRDA regulations, as may be amended from time to time by IRDA. Before availing of any services or Policies, it shall be the sole responsibility of foreign residents including NRIs in foreign jurisdictions to ascertain/verify from Apollo Munich Health, whether the services available on the Web Site can be accessed and utilised in their respective jurisdictions.
You agree that no joint venture, partnership, employment, or agency relationship exists between us as a result of these Terms and Conditions or use of this Web Site.
Apollo Munich Health's performance under this agreement is subject to existing laws and legal process, governmental, court and law enforcement requests.
You acknowledge that any rights not expressly granted herein are reserved solely with Apollo Munich Health.
These Terms and Conditions constitute the entire agreement between us with respect to this Web site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between us with respect to this Web Site.
The clause headings in these Terms and Conditions are for only for convenience and do not affect the meaning of the relative term.
Apollo Munich Health may sub-contract and employ Advisors to carry out any of its obligations under these Terms and Conditions. Apollo Munich Health may transfer or assign its rights and obligations under this contract to any Affiliate.
Apollo Munich Health shall try and ensure that all information that is provided on the Web Site with respect to policies / products are accurate in all respects and are kept up to date. However, Apollo Munich Health 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 Apollo Munich Health.
All transactions, which cannot be carried out instantaneously, would be carried out during working hours either on the same day or on the next working day or such further period as may be determined and/or specified by Apollo Munich Health depending upon the time of logging of the transaction
All transactions that are carried out by the Customer at the Website, 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 Web Site.
Apollo Munich Health may from time to time send to you by e-mail or otherwise, information relating to products and services offered by its Affiliates, general information related to financial and other services, life, health and general insurance products.