TERMS OF USE
SITE TERMS OF USE
Effective Date: 23rd May 2022
The following Terms of Use (“Site Terms”) describe the terms and conditions on which TejRe
Pvt. Ltd. (“TejRe” or “we”) offers you access to www.tejre.com (“Site”).
Please see the TejRe Terms and Conditions [•] for the terms and conditions that apply to
subscriptions for access to and use of TejRe’s insurance and reinsurance administration
solutions. For clarity, these Site Terms apply only to the Site. The TejRe Subscription Terms
apply to our subscription services, which are accessible through the Site.
Before accessing and using the Site, please read these Site Terms carefully because they
constitute a legal agreement between TejRe and you. BY USING THE SITE, YOU AFFIRM
THAT:
YOU HAVE READ AND UNDERSTAND THESE SITE TERMS;
YOU WILL COMPLY WITH THESE SITE TERMS; AND
YOU ARE AT LEAST THE AGE OF LEGAL MAJORITY IN YOUR PLACE OF RESIDENCE AND
OTHERWISE LEGALLY COMPETENT TO ENTER INTO CONTRACTS.
IMPORTANT NOTE: These Site Terms contain provisions that limit TejRe’s liability to you
related to your use to your use of the Site and require you to resolve any dispute with us on
an individual basis and not as part of any class or representative action. Please see
DISCLAIMER OF WARRANTIES & LIMITATIONS OF LIABILITY (Section 7) and GOVERNING
LAW; DISPUTE RESOLUTION (Section 9) below for more information.
1. CHANGES TO SITE TERMS
The Effective Date of these Site Terms is set forth at the top of this webpage. As we add
new features to the Site, we may modify these Site Terms. When we modify these Site
Terms, we will update the Effective Date and, when reasonably possible, we also will
provide you with advance written notice of our changes. We will not make changes that
have a material retroactive effect unless we are required to do so by law or to protect the
rights of other Site users. Your continued use of the Site after the Effective Date constitutes
your acceptance of the amended Site Terms. The amended Site Terms supersede all
previous versions of or agreements, notices or statements of or about the Site Terms. Any
change to the dispute resolution will not apply to any dispute for which we have actual
notice before the date the change is posted on the Site.
2. ADDITIONAL TERMS
Additional terms and conditions may apply to certain features of the Site. When presented
to you, you must agree to the additional terms before using the features to which they
apply. These Site Terms and the additional terms will apply equally unless an additional
term is irrevocably inconsistent with these Site Terms, in which case the additional term will
prevail but solely to the extent of the inconsistency.
3. PRIVACY
Please review the TejRe Privacy Policy to learn about the information that we collect
from or about you when you use the Site and how we process it.
Without limiting the terms of our Privacy Policy, you understand that TejRe uses, stores and
otherwise processes information collected through the Site and also may share that
information with our service providers for the purposes of improving the Site or sending you
tailored information about our products and services that we believe may interest you
(including through email with your consent if and when required by applicable law)
We do not and cannot guarantee the security of information provided by you through the
Site. You are responsible for using the precautions and security measures best suited for
your situation and intended use of the Site. We reserve the right at all times to disclose any
information as we deem necessary to satisfy any applicable law or government regulator’s
request.
4. TEJRE CONTENT
The Site, including any information, graphic, artwork, text, video clip, audio clip, trademark,
logo and other content provided on or through the Site (collectively, “TejRe Content“), is
owned by TejRe or its licensors and protected under domestic copyright, trademark and
other laws.
TejRe grants to you a non-exclusive, non-transferable and limited license (without the right
to sublicense) to access and use the Site and download, print and/or copy TejRe Content
solely for your own your personal use to learn about TejRe and subject to these Site Terms.
All rights not expressly granted herein are reserved by TejRe.
These Site Terms grant you only the limited rights described in these Site Terms. Nothing
contained in these Site Terms grants by implication, estoppel or otherwise, any license or
right in or to TejRe’s trademarks, logos or service marks (“Marks”), patents, trade secrets or
other intellectual property embodied in the Site. Unauthorized use of any of the Marks or
our other intellectual property may violate law.
5. USING THE SITE
5.1. Your Responsibilities:
You may use the Site for lawful, commercial purposes only.
You may not use the Site in any manner that could damage, disable, overburden or impair
our servers or networks or interfere with any other party’s use and enjoyment of the Site.
You may not attempt to gain unauthorized access to the Site or TejRe’s computer systems or
networks through hacking, password mining or any other means. Without limiting any of
the foregoing, you agree that you shall not (and you agree not to encourage or allow any
third party to):
-
copy, modify, adapt, translate, reverse engineer, decode or otherwise attempt to
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remove any copyright, trademark or other proprietary rights notice contained in the
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use any robot, spider, search/retrieval application or other automated device,
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rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise
make available the Site or any feature or functionality of the Site to any third party
for any reason;
- reformat or frame any portion of the web pages that are part of the Site;
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collect or store personal data about any other user without his/her express prior
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use the Site to send any unauthorized or unsolicited commercial or promotional content.
TejRe has the discretion to terminate your access to the Site without notice for any violation
of the above rules.
You are solely responsible for any and all charges, fees and other costs related to your use
of the Site. If you access and use the Site on your smartphone, tablet or other mobile device,
you agree that you are solely responsible for all charges that you incur from your Internet or
mobile service provider.
5.2 Submissions:
TejRe may from time to time offer areas in the Site where you and
other users can post or otherwise submit suggestions, feedback, ideas, notes, concepts or
other information or materials to or through the Site (collectively, “Submissions”). By
sending, posting or transmitting Submissions to TejRe (and/or our designees) through the
Site, you grant TejRe and our designees a worldwide, non-exclusive, sub-licensable (through
multiple tiers), transferable, royalty-free, perpetual and irrevocable right to use, reproduce,
sublicense (through multiple tiers), distribute, create derivative works of, perform and
import your Submissions in any media now known or hereafter developed, for any purpose
whatsoever, commercial or otherwise, without compensation to you. In other words, TejRe
has the automatic right to use your Submissions — including reproducing, disclosing,
publishing or broadcasting your Submissions — in any medium and for any purpose. Under
no circumstances are you entitled to payment if TejRe uses one of your Submissions. All
Submissions are deemed non-confidential and non-proprietary.
By posting a Submission, you represent and warrant that:
• you own or otherwise control all of the rights to your Submission, including
copyrights and moral rights;
• your Submission is true and accurate;
• your Submission does not violate the rights of any other person or entity, such as
rights of privacy and publicity or moral rights; and
• your Submission complies with applicable laws, rules and regulations.
You acknowledge and agree that TejRe has the right (but not the obligation) to alter,
remove or refuse to post or allow to be posted any Submission. TejRe takes no
responsibility and assumes no liability for any Submission posted by you or any third party.
TejRe is not responsible for information that you choose to communicate via Submissions.
TejRe reserves the right to view, monitor and record activity on the Site to the fullest extent
permitted by applicable law and in accordance with our Privacy Policy. In addition to any
other available rights and remedies, TejRe hereby reserves the right to discontinue access to
a Site either with or without notice if TejRe has a reasonable basis to believe that any user is
accessing or using any TejRe Content in violation of these Site Terms.
6. LINKS TO OTHER WEBSITES AND SERVICES
The Site may contain links to third-party websites and services (collectively, “Linked
Services”). Linked Services are not under the control of TejRe and TejRe is not responsible
for Linked Services or for any information or materials on or any form of transmission
received from Linked Services. You access Linked Services at your own risk. The inclusion of
a link does not imply endorsement by TejRe of the Linked Services or any association with
the operators of the Linked Services. TejRe does not investigate, verify or monitor the
Linked Services.
7. DISCLAIMER OF WARRANTIES & LIMITATIONS OF LIABILITY
TejRe warrants that TejRe has validly entered into these Site Terms and has the legal power
to do so. You warrant that you have validly entered into these Site Terms and have the legal
power to do so.
EXCEPT AS EXPRESSLY PROVIDED ABOVE, THE SITE IS PROVIDED “AS IS” AND “AS
AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TejRe specifically
disclaims all warranties and conditions of any kind, including all implied warranties and
conditions of merchantability, fitness for a particular purpose, title, non-infringement,
freedom from defects, uninterrupted use and all warranties implied from any course of
dealing or usage of trade. TejRe does not warrant that (a) the Site will meet your
requirements, (b) operation of the Site will be uninterrupted or virus- or error-free or (c)
errors will be corrected. Any oral or written advice provided by TejRe or its authorized
agents does not and will not create any warranty. SOME JURISDICTIONS DO NOT ALLOW
THE EXCLUSION OF IMPLIED WARRANTIES WHICH MEANS THAT SOME OR ALL OF THE
ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Your use of the Site is at your own risk.
YOU AGREE THAT TEJRE IS NOT LIABLE FOR INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL,
CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING PROCUREMENT OF SUBSTITUTE
GOODS OR SERVICES, LOSS OF USE, DATA OR PROFITS OR BUSINESS INTERRUPTION),
HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER ARISING IN ANY WAY
IN CONNECTION WITH THESE SITE TERMS AND WHETHER IN CONTRACT, STRICT LIABILITY
OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) EVEN IF TEJRE HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGE. YOU ALSO AGREE THAT TEJRE IS NOT LIABLE FOR ANY
OTHER CLAIM, DEMAND OR DAMAGES WHATSOEVER RESULTING FROM OR ARISING OUT
OF OR IN CONNECTION WITH YOUR USE OF THE SITE.
The disclaimers and limitations in this Section 7 do not purport to limit liability or alter any
right that cannot be excluded under applicable law.
TEJRE’S MAXIMUM LIABILITY FOR ANY TYPE OF DAMAGES ARISING FROM YOUR USE OF THE
SITE IS LIMITED TO ONE HUNDRED DOLLARS ($100).
You acknowledge and agree that the above limitations of liability together with the other
provisions in these Site Terms that limit liability are essential terms and that TejRe would
not grant you the rights set forth in these Site Terms but for your agreement to the above
limitations of liability.
8. INDEMNIFICATION
You agree to indemnify and defend TejRe and its directors, officers, employees and agents
from and against all losses, liabilities, actual or pending claims, actions, damages, expenses,
costs of defence and reasonable attorneys’ fees brought against TejRe by any third party
arising from your Submissions, use of the Site in violation of these Site Terms or your actual
or alleged violation of the rights of a third party or applicable law. TejRe reserves the right,
at its own expense, to assume the exclusive defence and control of any matter subject to
indemnification hereunder. No settlement that affects the rights or obligations of TejRe
may be made without TejRe’s prior written approval.
9. GOVERNING LAW; DISPUTE RESOLUTION
All matters related to the Site are governed by the internal laws of Mumbai, India as such
laws apply to agreements made and performed therein (without giving effect to the
principles of conflicts of laws). You must institute any legal action or proceeding relating to
your access to or use of the Site in the courts of Mumbai, India. You and TejRe agree to
submit to the jurisdiction of, and agree that venue is proper in, these courts in any such
legal action or proceeding.
You and TejRe agree that the United Nations Convention on Contracts for the International
Sale of Goods does not apply to the interpretation or construction of these Site Terms.
YOU AND TejRe AGREE THAT EACH MAY BRING claims against the other only on an
individual basis and not as a plaintiff or class member in any PURPORTED class or
representative action or proceeding.
Please Note: By agreeing to these Terms, you explicitly agree that any claims or actions that
you may otherwise have against TejRe under the laws of any jurisdiction outside India are
hereby waived, including without limitation, any claims or actions under the laws of your
own country, and that your sole location and applicable law for any disputes is in India
according to the terms of this Section 9. This provision does not, however, apply if you
reside in a jurisdiction that permits you to make your claim a legally competent court of the
jurisdiction where you reside or is otherwise prohibited or restricted by applicable law.
10. ELECTRONIC CONTRACTING
Your affirmative act of using the Site constitutes your electronic signature to these Site
Terms and our Privacy Policy and your consent to enter into agreements with us electronically.
11. NO SALE, SOLICITATION OR NEGOTIATION OF INSURANCE OR REINSURANCE
TejRe is not licensed as an insurance or reinsurance company, agent, broker, producer,
intermediary or licensed in a similar capacity. None of the actions or functions performed
by TejRe with respect to this site in any way involve, or should be construed to involve, the
sale, solicitation or negotiation of insurance or reinsurance by TejRe. None of the actions or
functions performed by TejRe with respect to this site involve, or should be construed to
involve, acts, actions or functions of an insurance or reinsurance company, agent, broker,
intermediary, or similarly licensed party. None of the monies or compensation received by
TejRe with respect to this site is, involves, should be construed to be, or should be
construed to involve an insurance commission, a rebate, or a reduction in insurance
premium. By using this site, you agree and acknowledge that TejRe is not acting or
functioning as an insurance or reinsurance company, agent, broker, intermediary, or
similarly licensed party with respect to this this site. By using this site you agree and
acknowledge that TejRe is not performing any action or function that in any way involves,
the sale, solicitation or negotiation of insurance or reinsurance with respect to this site. By
using this site, you agree and acknowledge that you have no expectation that TejRe is acting
as, or performing any function of, an insurance or reinsurance company, agent, broker,
intermediary, or similarly licensed party with respect to this this site. By using this site, you
agree and acknowledge that you are not relying on TejRe to act as, or perform any function
of, an insurance or reinsurance company, agent, broker, intermediary, or similarly licensed
party with respect to this this site. By using this site, you agree and acknowledge that you
have no expectation that TejRe is in any way involved or engaged in the sale, solicitation or
negotiation of insurance or reinsurance with respect to this this site. By using this site, you
agree and acknowledge that you are not relying on TejRe to in any way be involved or
engaged in the sale, solicitation or negotiation of insurance or reinsurance with respect to
this this site. By using this site, you acknowledge and agree that you are not relying, in any
way, on TejRe to perform role or function of an insurance or reinsurance company, agent,
broker, producer, intermediary or similarly licensed party.
12. GEOGRAPHIC RESTRICTIONS
The Site is controlled, operated and administered by TejRe from its offices in India and our
policies and procedures are based on Indian law. The Site is not intended for distribution to,
or use by, any person or entity in any jurisdiction or country where such distribution or use
would be contrary to law. TejRe does not in any manner warrant or represent that the Site,
including any content contained thereon, is appropriate or available for use in any particular
location. If you choose to access the Site, you do so on your own initiative and you are
responsible for compliance with all applicable laws.
Contents of the Site may be subject to export control laws. You shall not and shall not
permit any third party to, directly or indirectly, export, re-export or release any part of the
Site to, or make the Site accessible from, any jurisdiction to which export, re-export or
release is prohibited by law.
13. TERMINATION
These Site Terms automatically terminate when you fail to comply with any term or
condition of them. TejRe may terminate the Site or modify your access to the Site, with or
without notice to you, at any time for any reason. For example, TejRe may prohibit your use
of the Site if TejRe believes that you are a minor.
Termination will not limit any of TejRe’s other rights or remedies. Sections 4, 7, 8, 9, 12, 14
and 15, as well as any other provision that must survive in order to give proper effect to the
intent and purpose of these Site Terms, shall survive termination.
14. CLAIMS OF COPYRIGHT INFRINGEMENT
We respond to notices of alleged infringement as required by The Copyright Act, 1957 or
any other similar applicable law, including by removing or disabling access to material
claimed to be the subject of infringing activity. If you have a good faith belief that your work
has been copied in a way that constitutes copyright infringement or that your intellectual
property rights otherwise have been violated in or through the Site, please send your claim
or notice of infringement to our copyright agent at support@tejre.com.
By mail:
TejRe InsureTech Pvt. Ltd.
20, Engineer Building, 1st Floor,
Shahid Bhagat Singh Road,
Mumbai, India, 400001
By telephone: +91-9822019772
By email: support@tejre.com
Our copyright agent will only respond to notices and inquiries that comply with the
requirements of The Copyright Act, 1957
Upon receipt of notification complying with the The Copyright Act, TejRe will take steps to
remove or disable access to any infringing material and remove or disable access to any link
to infringing material. Notifications must include ALL of the following:
a. a physical or electronic signature of the persons authorized to act on behalf of the
owner of an exclusive copyright that is allegedly infringed;
b. a description of the copyrighted work that you claim has been infringed;
c. a description of where in the Site the material that you claim is infringing is located;
d. contact information reasonably sufficient to permit TejRe to contact you;
e. a statement by you that you have a good faith belief that the disputed use is not
authorized by the copyright owner, its agent or the law; and
f. a statement by you, made under penalty of perjury, that the information in your
notification to TejRe is accurate and that you are the copyright owner or authorized
to act on behalf of the owner of an exclusive right that is allegedly infringed.
15. MISCELLANEOUS
16.
These Site Terms (including our Privacy Policy [•] contain the entire understanding
by and between TejRe and you with respect to the Site and matters contained
herein.
17.
These Site Terms inure to the benefit of and are binding on TejRe’s and your
successors and assigns, respectively.
18.
TejRe may assign these Site Terms to a successor in interest (in whole or in part) but
you may not assign the Site Terms without the prior express written consent of
TejRe.
19.
If any provision of these Site Terms is or becomes unenforceable or invalid, the
remaining provisions will continue with the same effect as if such unenforceable or
invalid provision was not used.
20.
If TejRe fails or you fail to perform any obligation under these Site Terms and the
other party does not enforce such obligation, the failure to enforce on any occasion
will not constitute a waiver of any obligation and will not prevent enforcement on
any other occasion.
21.
Nothing contained in these Site Terms creates a relationship or partnership, joint
venture, or agency between TejRe and you.
22.
If TejRe is or you are prevented from performing or unable to perform any obligation
under these Site Terms due to any cause beyond the reasonable control of the party
invoking this provision, the affected party’s performance will be extended for the
period of delay or inability to perform due to such cause.
23.
Headings and captions are for convenience only.
QUESTIONS AND FEEDBACK
If you have questions or feedback about the Site or these Site Terms, please contact us at:
TejRe InsureTech Pvt. Ltd.
support@tejre.com