Insurance Distribution on PhonePe Insurance Broking Services Private Limited- Terms and Conditions

1. Introduction

1. PIBS as a registered Insurance Broker with IRDAI, provides its services to You subject to the following conditions. Before You may use the App or PIBS Platform, you must read and accept all of the terms and conditions in, and linked to, this Terms and Conditions and the Privacy Policy.
2. We strongly recommend that, as You read this Terms and Conditions, You also access and read the Phone Pe Privacy Policy, since it is incorporated into and hereby made part of this Terms and Conditions.
3. Use of any functionality of the App or PIBS Platform constitutes acceptance of this Terms and Conditions. If You do not agree to be bound by this Terms and Conditions andPrivacy Policy, You may not use the PIBS Application for any Insurance Solicitation in any way.
4. We reserve the right, at any time, at our sole discretion, to change or otherwise modify these Terms and Conditions without prior notice, and Your continued access or use of this Site signifies Your acceptance of the updated or modified Terms and Conditions.
5. You hereby declare that You are above 18 years of age at the time of purchasing any Insurance Product on PIBS Platform

2. Definitions

1. “Insurance Company” or “Insurer” – The entity who issued the insurance policy and has tied up with PIBS Insurance Broker for Solicitation of its Products through ISNP Platform of PIBS.
2. “Insurance Products” – are IRDAI approved products that an Insurance Company provides to PIBS Customers for solicitation.
3. Proposal / Member Consent Form– The insurance application form and its contents which is required by an Insurance Company from an insurance proposer to underwrite/issue and insurance policy/cover.
4. “Insurance Solicitation” or “Policy Solicitation” – the process where the proposer understands the policy benefits and needs and extends their interest for such Insurance Product.

3. Services

1. PIBS provides users with access to information primarily about Insurance Products and services restricted to insurance (including but not limited to renewals) (the "Service").
2. The access to service is subject to internet/mobile data and such other third-party fees. In addition, You must provide and are responsible for all equipment necessary to access the App.
3. By making use of this Service, and furnishing Your personal / contact details, You hereby agree and consent that You are interested in availing insurance products for which You have submitted the required information/details.
4. You hereby agree that PIBS may contact You either electronically or through phone, to understand Your interest in the selected products and Service(s) (like purchase of an Insurance policy, renewals etc..) and to fulfil Your service requirement.
5. You also agree that PIBS reserves the right to make Your details available to its affiliates and partners and You may be contacted by the affiliates and partners for information and for sales through email, telephone and/or sms.
6. You agree to receive promotional materials, etc. from PIBS through email/ sms / notification or any other communication tool or methods used by PIBS.
7. You understand and accept that PIBS may utilize services of third parties to collect information regarding you, your KYC documents, your vehicle, your income, etc. and you give consent to PIBS to share your information / data with such third parties. PIBS disclaims any liability / responsibility for the actions, products, services and content of such third parties/their portal(s).
8. Insurance contract is based on principle of ‘ubirrima fides’ i.e. Doctrine of utmost good faith. Accordingly, You are under a duty to disclose all the information related to or material to the insurance cover solicited by you through PIBS. Any non-disclosure may lead to cancellation of proposal, insurance cover or repudiation / rejection of claim.
9. PIBS shall not be liable for any loss arising due to such-non disclosure in any manner whatsoever.
10. Purchase of insurance product through PIBS by You is purely voluntary and is not linked to availing of any other facility/ services/ products from PhonePe Private Limited.
11. IRDAI is not involved in activities like selling insurance policies, announcing bonus or investment of premium. If you receive any such phone calls, then, please lodge a complaint with police.

4. End User License

1. PIBS grants You a limited license to access and make personal use of the PIBS page on the PhonePe App and the Service.
2. This license does not include downloading or copying of information for the benefit of another individual, vendor or any other third party.
3. Unauthorized access to the App and scraping of any Content available or transmitting any content that You do not have a right to make available (such as the intellectual property of another party); uploading, posting, or transmitting any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any software or hardware or; any action that imposes or may impose (in PIBS's sole discretion) an unreasonable or disproportionately large load on PIBS's infrastructure; or any use of extraction tools.
4. Any unauthorized use by You shall terminate the permission or license granted to You by PIBS.
5. By using the App / services You agree not to:
   1. use this App or its contents for any commercial purpose.
   2. make any speculative, false, or fraudulent transaction or any transaction in anticipation of demand.
   3. access, monitor or copy any content or information of this Site using any, scraper or other automated means or any manual process for any purpose without our express written permission.
   4. take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure.
   5. "frame", "mirror" or otherwise incorporate any part of this App / website/page/portal into any other App / website/page/portal or create a similar App / website/page/portal without our prior written authorization

5. Eligibility:

1. The Service is not available to minors under the age of 18 or to any users suspended or removed from the system by PIBS for any reason.
2. Users are prohibited from selling, trading, or otherwise transferring their accounts to another party.
3. Insurance is a subject matter of solicitation and by merely enquiring or submitting a Proposal / Member Consent Form may not entitle You to an insurance cover as insurance offered is subject to underwriting rules and Insurer’s Policies. You understand that Insurance Company may define their own internal citation for their respective insurance policy, which shall be governed by the Insurer’s underwriting guidelines and policy terms and conditions.
4. You shall not hold PIBS liable in case any Insurance Policy is rejected by an Insurer due to their internal rules and policies

6. Your Account:

1. In consideration of Your use of the App, You represent that You are of legal age to form a binding contract and are not a person barred from receiving services under the laws of India or other applicable jurisdiction and will only use the App to make legitimate purchases for You or for another person for whom You are legally authorized to act (and will inform such other persons about the Terms and Conditions and/or Privacy Policy) that apply to the purchase You have made on their behalf (including all rules and restrictions applicable thereto).
2. The information and declarations that You provide at the time of Policy Solicitation are important and incorrect disclosure may lead to rejection of Proposal and even repudiation of claim of any event covered as part of Your insurance policy/cover. You also agree to provide true, accurate, current and complete information about Yourself as prompted by the App or the Insurance Company’s Proposal Form. You understand that PIBS in its capacity of Insurance Broker shall not be held liable for any losses to You or Your heir(s) due to any such incorrect information or disclosure by You.
3. If You provide any information that is or becomes untrue, inaccurate, not updated or incomplete (or becomes untrue, inaccurate, not current or incomplete), or PIBS or Insurer has reasonable grounds to suspect the authenticity of such information, PIBS and the Insurer has the right to refuse, suspend or terminate Your account and refuse any or all current or future use of the App (or any portion thereof).
4. If You use this App/website/portal, You are responsible for maintaining the confidentiality of Your account and password, and for restricting access to Your mobile phone. You agree to accept responsibility for all activities that occur under Your account or password, including Your access (“P-SSO”) credentials that are used to access Your account and authorize transactions on PIBS Platforms. You agree to notify us immediately of any unauthorized use of Your account or any other breach of security.
5. PIBS reserves the right to refuse service, terminate accounts, or remove or edit content in its sole discretion at any time and for any reason, including, but not limited to, for violation of the Terms and Conditions or Privacy Policy.
6. Additional terms and conditions as stipulated by the Insurer will apply to the Insurance Policy that You may select. Such terms and conditions are provided by Insurer. Please read these additional terms and conditions carefully. You agree to abide by the terms and conditions of purchase imposed by Insurer. The terms and conditions mentioned in the policy document shall prevail over these terms and conditions with respect to Your Insurance policy.
7. You agree that any violation of any such Insurer’s Terms, conditions, rules and restrictions may result in cancellation of Your Policy, You being denied access to the applicable service(s), and may forfeit any monies paid for such Services. PIBS shall not be liable for any such issues.
8. PIBS acts as an Insurance Broker as part of Insurance Solicitation and does not participate in underwriting the insurance risk. Further, PIBS participates in Insurance solicitation and is remunerated in form of Remuneration, which may be disclosed to you on request. PIBS shall maintain the information provided by you under the directions of the Regulators and laws of India. This information shall also be maintained even after you close or uninstall your App/ account.
9. PIBS or the Insurance Company shall notify you in case of any rejection or change in premium charge basis the risk assessment of the Insurer and PIBS shall have no control or visibility over the decision of the Insurance Company.
10. PIBS would recommends You notify change in your communication address and appointment of nominee at the time of policy solicitation or after purchase of policy to the Insurance Company and ensure accuracy of information available with the Insurer.
11. PIBS shall ensure that the payment made by You against a policy is processed through thepayment gatewayof the Insurance Company.
12. You agree to adhere to the terms and conditions laid down by the Bank/ Payment gateway/Payment Aggregator/ Payment facilitator/ Card Network processing your insurance premium payment.
13. In case of a claim against an Insurance Policy, the claim process defined by Your Insurance Company shall be followed and PIBS’s role shall be limited to assist you in sharing the process for such claim if requested

7. Insurance and associated Marketing Content:

1. The content/materials on the product are provided by the Insurer and PIBS claims no rights on such content and product. You understand that PIBS is only an Insurance Broker and displays such content only or any materials to You to explain the product features to You as part of Insurance solicitation.
2. We take no responsibility and assume no liability for the insurance contents provided and displayed in the App that is provided solely by the Insurer.
3. The content, products, and services Published on the App may include inaccuracies or errors, including pricing errors. We do not guarantee the accuracy of and disclaim all liability for any errors or other inaccuracies relating to the information and description of the content, products, and services we expressly reserve the right to correct any pricing errors on the App.
4. PIBS makes no representation about the suitability of the information, and services contained on this site for any purpose, and the inclusion or offering of any products or services on the App does not constitute any endorsement or recommendation of such products or services.
5. All such information, products, and services are provided "AS IS" without warranty of any kind. PIBS disclaims all warranties and conditions that the App, its services or any email sent from PIBS, its affiliates, and/or their respective or associated service providers are free of viruses or other harmful components

8. Disclaimer of Liabilities:

1. PIBS hereby disclaims all warranties and conditions with regard to this information, software, products, and services, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title, and no infringement. The service providers/insurance Company providing services on this App are independent affiliates and PIBS is not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any such service providers/ Insurance Companies or for any personal injuries, death, property damage, or other damages or expenses resulting, therefore.
2. PIBS and its affiliates have no liability and will make no refund in the event of any delay, cancellation, strike, force majeure, or other causes beyond their direct control, and they have no responsibility for any additional expense omissions delays or acts of any government or authority.
3. PIBS has no role in determining returns or maturity benefits or any guaranteed additions. Similarly, PIBS does not play any role in determining the death benefits, decision to honor or reject a claim or determining the surrender value of Your policy and shall not be held liable for change in returns or benefits illustrated or explained as part of policy solicitation.
4. Your policy may lapse in case of non-renewal or non-payment of subsequent premiums. PIBS shall not be obligated to notify You of the renewal date and shall not be made liable to any implication of the policy status due to Your failure to renew the policy status.
5. In no event shall PIBS and/or its affiliates be liable for any direct, indirect, punitive, incidental, special, or consequential damages arising out of, or in any way connected with, Your access to, display of or use of this App or with the delay or inability to access, display or use this site (including, but not limited to, Your reliance upon opinions appearing on this site; any computer viruses, information, software, linked sites, products, and services obtained through this site; or otherwise arising out of the access to, display of or use of this site) whether based on a theory of negligence, contract, tort, strict liability, or otherwise, and even if PIBS and/or its affiliates, their respective service providers have been advised of the possibility of such damages

9. Disclaimer of Online Availability, Impressions and Click-Throughs

1. In addition to the other disclaimers and limitations discussed, there are no guarantees and no warranties regarding online availability, impressions, and redirections of any material, information, links, or content presented on the App pages of PIBS. The information/content, link etc may be unavailable for online access at anytime.

10. Cancellations & Refund/Chargeback Terms and Conditions

1. You understand that PIBS used the Insurer’s authorized payment gateways to allow You to make online payments towards Your insurance premium amount and is only acting as a mere facilitator and providing its assistance to its customers for speedy payments/ refunds. All payments with respect to refunds shall be the sole responsibility of the insurance Company per the rules and regulations laid down by the IRDAI.
2. You (cardholder) may dispute a transaction carried out through the App and file a Chargeback with Your issuing bank for the reversal of that transaction. Chargeback allows transactions to be reversed by You under specified circumstances. However, honoring a chargeback by PIBS or insurer is subject to review and investigation and any chargeback raised may not be always honored

11. Customer Due Diligence

1. You agree and acknowledge that for undertaking any financial transaction through the App, PIBS or its affiliates as permitted may undertake client/customer due diligence measurers and seek any information required for Know Your Customer (“KYC”) purpose which as a customer You are obliged to give, while facilitating Your request of insurance requirements with the insurance company(ies), in accordance with applicable Prevention of Money Laundering Act (“PMLA”) laws and rules as per the directives of the Insurer or IRDAI.
2. We or the insurance company may also request for additional information to establish, to its satisfaction or the insurance company, the identity of each new customer, and the purpose of the intended nature of the insurance relationship between You and the insurance company(ies). You agree and understand that You shall ensure that any payment towards insurance premium is remitted only through Your bank account or from a joint bank account in which You are a joint holder.
3. In the event, payment towards insurance premium is remitted through a bank account opened in the name of a third party (i.e. not being in Your name), You agree and acknowledge that We or the insurance company can undertake enhanced due diligence measures (including any documentation), to satisfy itself relating to customer due diligence requirements. You further agree and acknowledge that, all refunds shall be processed by the insurance company(ies) through us to the bank account, which was used to remit payment of insurance premium, if applicable. However, Insurance Company may also settle refunds directly with You.

12. License Disclaimer

1. Nothing on this App shall be construed as conferring any license under any of PhonePe’s or PIBS's or any third party's intellectual property rights including any Source Code, Computer code, graphics, images, visual interfaces, graphics, design, Product information, software, services, whether by estoppel, implication, or otherwise

13. Local Laws

1. PIBS controls and operates this platform/postal/page/section from its Registered address in Bangalore, India and makes no representation that the materials on the App are appropriate or available for use in other locations other than the jurisdiction of India. If You use this App from other locations, You are responsible for compliance with applicable local laws including but not limited to the export and import regulations of other countries. Unless otherwise explicitly stated, all marketing or promotional materials found on this App are solely directed to individuals, companies or other entities located in India and comply with the laws prevailing for the time being in force in India. Disputes if any shall be subject to the exclusive jurisdiction of Courts at Bangalore, State of Karnataka.

14. Limitation of Liability:

1. You expressly understand and agree that PIBS and its subsidiaries, affiliates, directors & officers, employees, agents, partners and licensors shall not be liable to You for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if PIBS has been advised of the possibility of such damages), resulting from use of the App, content or any related services. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. The limitations of liability provided in these terms inure to the benefit of PIBS, Its affiliates, and/or their respective service providers.

15. Indemnity:

1. You agree to indemnify and hold PIBS (and its officers, directors, agents, affiliates, Group Companies, subsidiaries, joint ventures, and employees) harmless from any and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature, including reasonable attorneys' fees, or arising out of or related to Your breach of this Terms and Conditions , Your violation of any law or the rights of a third party, or Your use of the App.

16. Electronic Communication

1. When You use the App or send emails to PIBS You are communicating with PIBS electronically. You consent to receive communications from PIBS electronically. PIBS may communicate with You by email or by posting notices on the App or by phone or usually available means of communication. You agree that all agreements, notices, disclosures and other communications that we provide to You electronically satisfy any legal requirement that such communications be in writing.

17. Modification and Notification of Changes:

1. We may amend the terms and conditions at any time by posting an updated version at PIBS website(s), App(s) or Platforms. The updated version of the Terms of Service shall take effect immediately upon posting. It is Your responsibility to review these Terms of Use periodically for updates / changes. Your continued use of PIBS App following the posting of changes will mean that You accept and agree to the revisions including additional Terms or removal of portions of these Terms, modifications etc. As long as You comply with these Terms of Use, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter and avail the Services.

18. Communications

1. Should You wish to communicate to PIBS for any reasons including but not limited to any customer query, terminate Your account, concern on the policy or the Privacy Policy, You may do so through Webform:https://support.phonepe.com/or call us at 080-68727888
2. Notice: PIBS can send notice to you on your email id/ phone number available with us and shall be deemed to be delivered within 1 working days from the date of being sent by PIBS. Any notice to PIBS shall be sent on insurance-support@phonepe.comor to the Registered/ Corporate office address of PIBS.

19. Trademarks

1. The trademarks, logos and service marks ("Marks") displayed on the App are the property of PhonePe Private Limited (PhonePePhoenPe) (or “its affiliates”) and other associated parties and service providers/Insurance Company. Users are prohibited from using any Marks for any purpose without the written permission of PhonePe or such third party which may own the Marks. PIBS uses the PhonePe Logo under a user license Agreement.
2. All information and content including any software programs available on or through the App ("Content") is protected by copyright. Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through the App for commercial or public purposes.

20. Survival of Terms After Agreement Ends:

1. Notwithstanding any other provisions of these Terms and Conditions, or any legal principles to the contrary, any provision of this Terms and Conditions that imposes or contemplates continuing obligations on a party will survive the expiration or termination of these Terms and Conditions.

21. General:

1. If any of these conditions are deemed invalid, void, or for any reason unenforceable, the parties agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the unenforceable condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
2. Headings are for reference purposes only and do not limit the scope or extent of such section.
3. These Terms and Conditions and the relationship between You and PIBS will be governed by the laws of India without regard to its conflict of law provisions. You and PIBS agree to submit to the personal jurisdiction of the courts located in Bangalore, State of Karnataka jurisdiction with respect to any legal proceedings that may arise in connection with these Terms and Conditions.
4. The failure of PIBS to act with respect to a breach by You or others does not waive its right to act with respect to subsequent or similar breaches.
5. PIBS does not guarantee it will act against all breaches of these Terms and Conditions.
6. Except as otherwise expressly provided in this Terms and Conditions, there shall be no third-party beneficiaries to this Terms and Conditions.
7. This Terms and Conditions constitutes the entire agreement between You and PIBS and governs Your use of the PIBS platforms including App, superseding any prior agreements between You and PIBS, only with respect to the services provided in capacity of a IRDAI registered Insurance Broker.

22. Insurance Products, Rebates and Tax

1. Insurance is a subject matter of solicitation
2. Please refer to Section 41 of the Insurance Act, 1938 - “(1) No person shall allow or offer to allow, either directly or indirectly, as an inducement to any person to take out or renew or continue an insurance in respect of any kind of risk relating to lives or property in India, any rebate of the whole or part of the commission payable or any rebate of the premium shown on the policy, nor shall any person taking out or renewing or continuing a policy accept any rebate, except such rebate as may be allowed in accordance with the published prospectuses or tables of the insurer. Provided that acceptance by an insurance agent of commission in connection with a policy of life insurance taken out by himself on his own life shall not be deemed to be acceptance of a rebate of premium within the meaning of this sub-section if at the time of such acceptance the insurance agent satisfies the prescribed conditions establishing that he is a bona fide insurance agent employed by the insurer. (2) Any person making default in complying with the provisions of this section shall be liable for a penalty which may extend to ten lakh rupees.”
3. Tax Benefits are subject to changes in tax laws. Please consult your tax advisor for more details