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.
In the event that ICM 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. 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 and Conditions, ICM 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 ICM.
Though, entry of information in various search and entry forms in the website would help in detecting any obvious errors made by the customer, the entry of data by the customer and subsequent preparation of policies on the basis of this information is the complete responsibility of the customer.
The linked websites are not under ICM's control and ICM is 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. ICM is providing these links to the User only as a convenience, and the inclusion of any link does not imply endorsement by ICM of the linked website.
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 ICM depending upon the time of logging of the transaction
All transactions that are carried out by and on behalf of the Customer shall be subject to Government notifications, the rules, regulations and guidelines issued by the IRDA, Reserve Bank of India, and any other regulatory bodies defining rules/regulations governing the offer of any service on the Web Site.
Except as warranted in these Terms and Conditions, ICM expressly disclaims 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.
ICM 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.
ICM shall not incur any liability direct or indirect, to the user or any third party, as a consequence of non-functioning of any equipment belonging to the User, any third party or ICM. ICM shall not be responsible for any downtime of such equipment.
ICM do not warrant that access to the Web Site will be uninterrupted, timely, secure, or error free; nor do ICM 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.
ICM make no warranty regarding the transactions entered into through the Web Site. No advice or information, whether oral or written, obtained by the user from or through the Web Site or any person shall create any warranty not expressly stated herein.
ICM shall not be liable for any action taken by the user based on or relying on the information provided in or by the Web Site.
ICM will not be liable for any virus that may enter the visitor/customer's system as a result of the User using the Web Site. ICM make no guarantees to User or third parties that the content contained on the Web Site would be virus free. ICM will not be liable for any direct, incidental or consequential loss, which may be caused to the User as a result of his/her use of the Web Site.
If the User is dissatisfied with any portion of this Web Site or with any of these Terms and Conditions, his/her sole and exclusive remedy is to discontinue using the Web Site.
The User agrees that ICM 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. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages. However, in no event shall ICM's liability to the User for all damages, losses and causes of action (whether in contract or tort, including but not limited to, negligence) exceed the amount paid by the visitor/customer, if any, for accessing the Web Site.
In addition, ICM 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 will 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. ICM shall be deemed to have fulfilled any legal obligation to deliver to the Customer if any such document is sent via electronic delivery. Any instructions received from the Customer/Visitor by means of electronic delivery or by facsimile would be deemed to have been sent on paper.
The services available on the Web Site are being offered to Residents of India only. Provided however, that such services are not available to foreign residents including non-resident Indians ("NRI's") in foreign jurisdictions where the services cannot be offered without prior regulatory compliance. It shall be the sole responsibility of foreign residents including NRIs in foreign jurisdictions to verify whether the services available on the Web Site can be accessed and utilised in their respective jurisdictions.
However, NRI's can utilize the services available on the Web Site for the insurance requirements of the Residents in India as well as their insurance requirements arising in India.
The services which are part of the Web Site do not constitute an offer to sell or a solicitation of an offer to buy any policies/products to any person in any jurisdiction where it is unlawful to make such an offer or solicitation.
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