Terms and conditions

Acceptance to terms

Your use of the agentportal.avivaindia.com (the "website") is governed by the following Terms and Conditions of Use (the "terms" or "terms and conditions") and the Privacy Policy. YOU MUST READ AND AGREE TO THE TERMS BEFORE REGISTERING TO JOIN, ACCESS AND PARTICIPATE IN THE WEBSITE. If you do not wish to be bound by the terms set out below, you should not use (or continue to use) the website. Your acceptance of these terms and conditions will be demonstrated by your confirming acceptance by selecting the "Log in" or the "Accept and confirm" button as part of your on-line obligation request. Your application to use the website will not be processed if you do not confirm acceptance of these Terms and Conditions.

Who are we

The website is provided by Aviva Life Insurance Company India Limited (referred to as "Aviva" or "us" or "our" or "we" or "the Company" in these terms) to our agents (referred to as "you" "your" or "user" in these terms).

Amendments to the terms

We may change the terms at any time by posting the updated terms on to the website. Please review the terms regularly to ensure that you are aware of any changes made by us. Your continued use of the website after changes are posted means you agree to be legally bound by these terms as updated and/or amended.

Description of services

We offer you access to the website to make the most of mutual business opportunities, by providing you with a variety of services including, but not limited to, [please list few example services] (the "Services"). The Services may change from time to time as our discretion sees fit.

Limitation of liability

1. The information, names, images, pictures, logos and Services provided on the website are provided "AS IS" and on an "AS AVAILABLE" basis without any representations or any kind of warranty made (whether express or implied by law) to the extent permitted by law, including the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.

2. Under no circumstances will we be liable for any of the following losses or damage (whether such losses were foreseen, foreseeable, known or otherwise): (a) loss of data; (b) loss of revenue or anticipated profits; (c) loss of business; (d) loss of opportunity; (e) loss of goodwill or injury to reputation; (f) losses suffered by third parties; or (g) any indirect, consequential, special or exemplary damages arising from the use of the website regardless of the form of action.

3. We do not warrant that functions available on the website will be uninterrupted or error free or that any defect will be corrected, or that the website or the server(s) that makes it available are free of viruses or bugs. You acknowledge that it is your responsibility to implement sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.

4. Under no circumstances will we be liable for any loss or damage caused by your reliance upon information obtained through the website. Information and data published on our website is for INFORMATION PURPOSES ONLY and we do not hold ourselves out as giving advice, and nor should it be construed as such.

5. It is the responsibility of each person using the Services available on the website to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, or other content made available through it.

Security and ID

1. You accept that you are solely responsible for maintaining the confidentiality of the unique log-on identification password we allocate to you, and for using the password.

2. You are responsible for using adequate security measures to prevent unauthorised access to the website and shall notify us promptly if you become aware of such access. You will indemnify us against any loss caused by access to the website by any person of user names and passwords issued to you.

Contract or appointment letter

You shall at all times adhere to the terms and conditions of the contract entered by you with us or the appointment letter issued by us to you in connection with you acting as our agent ("contract"). These terms are subject to the terms of your contract with us and do not supersede the contract.

Privacy policy

Our usage of your personal information is governed by our Privacy Policy which forms part of these terms. Please read the Privacy Policy carefully.

Your conduct and use of the services

1. You agree that all information, data, text, images, graphics and any communication or material, including but not limited to opinions, advice or statements ("Content") posted on the website is the sole responsibility of the person or persons from whom the Content originated. You are therefore fully responsible for any Content that is uploaded, posted, transmitted, shared, stored or otherwise made available on the website by you and we shall not be made liable for your actions or that of third parties.

2. Your use of or reliance on the Content on the website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that the Content available through the website meets your specific requirements. You agree that we do not warrant the content, accuracy or veracity of the Content made available on the website, either created by us or third parties.

3. Your permission to access the website is limited to the facility as set out in these conditions. Other than actions permitted on the website, you may not:

4. You may not delegate transfer or subcontract your permission to access the website to any other person.

Marketing material

1. Part of the Services we offer to you is pre-populated template leaflets, press releases, letters, surveys, newsletters and emails (the "Marketing Material"). The Marketing Material has been created for or by Aviva and is therefore subject to copyright laws and Aviva can enforce the copyright contained in the Marketing Materials.

2. We provide you with the Marketing Material on a non-exclusive, royalty-free basis to help you develop and support your business needs, by providing you with material which can be used to help you retain and create new business.

3. Please be aware that although all reasonable care is taken with the Marketing Material WE DO NOT WARRANT THE CONTENT, ACCURACY OR VERACITY OF THE MARKETING MATERIAL AND IT IS YOUR RESPONSIBILITY TO ENSURE THAT IT MEETS YOUR NEEDS.

4. If any document is provided with guidance or risks which the customer needs to see then it is your responsibility to ensure that you bring these to the customer"s attention.

5. You should not delete or amend the Marketing Material unless the material expressly states that you can. If you change anything you are entirely responsible for Legal and Regulatory compliance and also with compliance of any relevant marketing codes.

Indemnity

You agree to indemnify us and keep us indemnified (including our successors and assigns, our directors, officers, employees and agents) from and against all liabilities, claims, losses, costs, damages and expenses including reasonable legal fees which are reasonably incurred by us (including our successors and assigns, our directors, officers, employees and agents) arising from your use of the Services, your connection to the website, your violation of the terms, or your violation of any third party rights.

Third party websites

The website may also contain hyperlinks to websites operated by third parties. The responsibility for the operation and content of those websites shall rest solely with the organisation identified as controlling the third party website and will be governed by separate terms and conditions and privacy policy. Hyperlinks are provided for convenience and inclusion of any hyperlink does not imply an endorsement in any way of the site to which it links. We accept no responsibility or liability for the contents of any hyperlinked website and ask that you review the terms and conditions (including the privacy policy) for all third party websites before using the goods or services being offered.

Links to other Aviva websites

This site contains links to other Aviva websites, these sites will have separate terms and conditions and therefore these terms and conditions will not apply to these websites. You should check the terms and conditions for these other websites before registering/logging on.

Intellectual property rights

The names, images and logos identifying us or third parties and their products and services are subject to copyright, design rights and trademarks of us and/or third parties. Nothing contained in these terms shall be construed as conferring by implication, estoppel or otherwise any licence or right to use any trademark, patent, design right or copyright by us, or any other third party, except those explicitly available as part of the Services.

Anti-competitive behaviour

You are obliged to comply with all aspects of Indian competition laws and other guidelines/ rules / policies etc that may be issued by us from time to time in these regards. It is therefore your individual responsibility to ensure that you comply at all times with these laws and policies.

You are not permitted to disclose or exchange confidential business information with your competitors (this includes other agents) or use this website to facilitate any such conduct, and nor should you disclose your intended future business conduct.

Applicable law

The terms regulating this website are to be governed by and construed according to Indian law and the parties agree to submit any disputes to the jurisdiction of the courts mentioned in your respective contract with us.

Invalidity

If any of these terms are determined to be invalid or otherwise unenforceable by reason of the application of any law, such provisions shall be severed and deleted from these terms and the remainder of these terms shall continue to have full force and effect.