DISCLAIMER AND TERMS OF USE

Last Modified: August 23, 2022.

PLEASE READ THESE TERMS AND CONDITIONS OF USE AGREEMENT CAREFULLY BEFORE USING THIS SITE.

Welcome to www.instacover.co.in which is herein referred to as “We”, us” or “Our”. This page explains the terms by which Site visitors and members (“You”) may use our Site and Services. By accessing or using our site or services and/or software provided through or in connection with the Service (“Service”), you signify that you have read, understood, and agree to be bound by this Terms and Conditions of Use Agreement [“Agreement”], our Privacy Policy, and any additional Terms & Conditions of Use, Notices, and Disclaimer displayed through the Service, Site, whether or not you are a registered user of our Service. By using this Site, you signify your assent to these Terms & Conditions of Use Agreement. If you do not agree to all these Terms & Conditions of Use, do not use this Site.

Our website may include any information or services made available by us, regardless of the medium, and shall include, without limitation any affiliated websites, mobile applications, videos, products, any applications we make available. We reserve the right at any time, and from time to time, to modify, suspend or discontinue (temporarily or permanently) the Site, or any part of the Site, with or without Notice.

Access to our Site may not be held legal by certain persons or in certain countries, so if you access the Site, you do so on your own initiative and are responsible for compliance with local Laws and Regulations.

The Site is not intended for users under 13 years of age. If you are under 13, do not use the Site and do not provide us any Personal Identifiable Information.

We may revise and update these Terms & Conditions of Use Agreement at any time. Your continued usage of our website (www.instacover.co.in) will mean you accept those changes. This Agreement applies to all visitors, users, and others who access the website and its services.

THE SITE DOES NOT PROVIDE MEDICAL ADVICE

The contents of the Site, such as text, graphics, images, and other materials created by us or obtained from our licensors, and other materials contained on the Site (collectively “Content”) are for informational purpose only. The content is not intended to be a substitute for the professional medical advice, diagnosis, and treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on our website.

If you think you may have a medical emergency, call your doctor immediately. We do not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the site. Reliance on any information provided by us, our employees, others appearing on the Site at invitation of us, or other visitors to the site is solely at your own risk.

ELIGIBILITY

This Site and related service is intended solely for users who are thirteen (13) years of age or older, and any registration, use or access to the Services under 13 is unauthorized, unlicensed and in violation of this Agreement.

We may terminate your account or profile, delete any content or information that you have posted on the Site, and/or prohibit you from using or accessing the Site or Service (or any portion, aspect or feature of the Site or Service) for any reason or no reason, at any time in its sole discretion, with or without notice, including without limitation if it believes that you are under thirteen years of age.

If you are a Minor in the jurisdiction in which you reside (for example, under 18 years of age) you may only use the Site or Services if:

• You either are an emancipated minor or obtain parental or legal guardian consent after review if this Agreement prior to you using any of the Services provided by us; and
• You are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.

USE OF OUR CONTENT AND SERVICES

You do not have to register in order to use the Services of our Website. To access certain features of the Website though, you will need to register with us and create a “Member” account or profile. Your account or profile gives you access to the site and services and the functionality that we may establish and maintain from time and time in our sole discretion.

You may never use another members’ account or profile without permission. When creating your account or profile, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account or profile, and you must keep your account or profile and password secure. You must notify us immediately of any breach of security or unauthorized use of your account or profile. Although we will not be liable for your losses caused by any unauthorized use of your account or profile. Besides, you shall be held liable for your losses caused to us or others due to such unauthorized use.

By providing us your email address, you consent to our using the email address in accordance with our Privacy Policy.

Any special rules for the use of certain services (including softwares and other items accessible within our website) may be included elsewhere within the site and are incorporated into these Terms & Conditions of Use Agreement by reference.

Title to the content remains with us and/or the website owners. Any use of the Content not expressly permitted by these Terms & Conditions of Use Agreement is a breach of these Terms & Conditions of use and may violate copyright, trademark and other laws. Content and other features are subject to change or termination without notice in the editorial discretion of the website. All rights not expressly granted herein are reserved to the Site and its owners.

IF YOU VIOLATE ANY OF THESE TERMS AND CONDITIONS, YOUR PERMISSION TO USE THE CONTENT AUTOMATICALLY TERMINATES AND YOU MUST IMMEDIATELY DESTROY ANY COPIES YOU HAVE MADE OF ANY PORTION OF THE CONTENT.

We grant you permission to use the Site and Services as set forth in this Agreement provided that:

• you will not copy, distribute, or disclose any part of the site in any medium;
• you will not alter or modify any part of the site and service other than as may be reasonably necessary to use the site or services for its intended purpose; and
• you will otherwise comply with the Terms and Conditions of this Agreement.

You agree not to use or launch any automated system, including without limitation “robots”, “spiders”, “offline”, “readers”, etc., that accesses the Services in a manner that sends more request messages to our servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser, and you agree that to aggregate on collate any of the content available through the site and services for use elsewhere. You also agree not to collect or harvest any Personal Identifiable Information, including account or profile names, from the Site and services nor to use the communication systems provided by the Site and Services for any commercial solicitation purposes.

We may permanently or temporarily terminate, suspend, or otherwise refuse to permit your access to the service without notice and liability, if, in our sole determination you violate any provisions of the Agreement, including by carrying out any of the following prohibited actions:

• Attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the server running the Site and services;
• Taking any actions that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load of our infrastructure.
• Uploading invalid data viruses, worms, or other software agents through the Site and Services;
• Impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity.
• Interfering with proper working of the Site and services; or
• Bypassing the measures we may use to prevent or restrict access to the site and services.

You are solely responsible for your interactions with other users. We reserve the right, but have no obligation to monitor disputes between you and other users. We shall have no liability for your interactions with other users, or for any user’s action or inaction.

PROHIBITED USE OF THE SITE

You may use the site only for lawful purposes and in accordance with these Terms and Conditions of Use. You agree not to use the site:

• In any way that violates any applicable federal, state, local, or international law or regulation
• For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for Personal Identifiable Information otherwise.
• To transmit or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
• To impersonate or attempt to impersonate us, our employee, another user or any other person or entity (including, without limitation, by using email address in screen names associated with any of the foregoing)
• to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm us or our users of the site or expose them to liability.

Additionally, you agree not to:

• “Scrape” or disaggregate data from the site (whether by manual or automated means) for any commercial, marketing, or data compiling or enhancing purpose.
• Introduce any viruses, Trojan horses, worms, logic bombs or other material or mechanism which is malicious or technologically harmful.
• Attempt to gain unauthorized access to interfere with, damage or disrupt any parts of the Site, the server or which the Site is stored, or any server, computer or database connected to the Site.
• Otherwise attempt to interfere with the proper working of the Site.

NO WARRANTY

THE SERVICE IS PROVIDED ON AN ‘AS IS’ AND ‘AS AVAILABLE’ BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

WITHOUT LIMITING THE FOREGOING, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT:

• THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT;
• THAT THE SERVICE WILL MEET YOUR REQUIREMENTS;
• THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE;
• THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED;
• OR THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION – UNINTERRUPTED OR SECURE;
• OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOADS.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH US WILL NOT BE A PARTLY OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OR PRODUCTS OR SERVICES.

DISCLAIMER WITH RESPECT TO THE CONTENT

A variety of information, opinion, advice, recommendation, letters, messages, comments, posts, texts, graphics, software, music, sounds, photographs, videos, data and other materials (“Content”) is available on the site. Some of the content is provided by us or our suppliers, and other content is provided by users, such as user opinions and views provided via chat rooms, blogs, bulletin boards, or discussion forums. While we strive to keep the content that we post on the site accurate, complete and up to date, we cannot guarantee, and are not responsible for, any accuracy, completeness or timeliness of any content, whether provided by us or its suppliers, or by users of the Site. Any opinions, advice, statements or other information expressed or made available by users or third parties including but not limited to bloggers, are those of the respective users or other third party and not of us. They do not reflect our opinions and they have not been reviewed by an expert or any member of our editorial staff for accuracy, balance, or objectivity. We do not endorse and are not responsible for the accuracy or reliability of any opinion, advice or statement made on the Site.

We do not have any obligation to prescreen, edit, or remove any content provided by users that is posted on or available through the site.

Notwithstanding the foregoing, we will have the right (but not the obligation) in its sole discretion and for any reason, to prescreen, edit, and refuse to accept, remove, or move any such content.

THE CONTENT AVAILABLE VIA THE SITE IS PROVIDED WITH THE UNDERSTANDING THAT NEITHER US NOT ITS SUPPLIERS OR USERS ARE ENGAGED IN RENDERING MEDICAL, COUNSELLING, LEGAL OR OTHER PROFESSIONAL SERVICE OR ADVICE.

SUCH CONTENT IS INTENDED SOLELY AS A GENERAL EDUCATIONAL AID. IT IS NOT INTENDED AS MEDICAL OR HEALTHCARE ADVICE OR COUNSELLING, OR TO BE USED FOR MEDICAL DIAGNOSIS OR TREATMENT, FOR ANY INDIVIDUAL PROBLEM. IT IS ALSO NOT INTENDED AS A SUBSTITUTE FOR PROFESSIONAL SERVICES FROM A QUALIFIED HEALTHCARE PROVIDER FAMILIAR WITH YOUR UNIQUE FACTS. ALWAYS SEEK THE ADVICE OF YOUR VET OR OTHER QUALIFIED HEALTHCARE PROVIDER REGARDING ANY MEDICAL CONDITION AND BEFORE STARTING ANY TREATMENT.

LIMITATION OF LIABILITY

To the maximum extent permitted by applicable law, in no event shall we, our affiliates, directors, employees, or its licensors be liable for any direct, indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, that result from the use of or inability to use this site and services. Under no circumstance will we be responsible for any damage, loss of injury resulting from tracking, tampering or other unauthorized access or use of the Site and services or your account or the information contained therein.

To the maximum extent permitted by applicable law, we assume no liability or responsibility for any:

• Errors, mistakes, or inaccuracies of content;
• Personal injury or property damage of any nature whatsoever, resulting from your access to our site and/or use of our services;
• Any unauthorized access to or use of our secure servers and/or any and all personal information stored therein;
• Any interruption or cessation of transmission to or from the site and services;
• Any bugs, viruses, Trojan horses, or the like that may be transmitted to or through our website or services by any third-party;
• Any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available through the service; and/or
• User Content or the defamatory, offensive, or illegal conduit of any third-party;

In no event shall we, our affiliates, directors, employees, or licensors be liable to you for any claims, proceedings, liabilities, obligations, damages, losses, or costs in an amount exceeding the amount you paid to us hereunder.

This Limitation of Liability Section applies whether the alleged liability is based on contract, test, negligence, strict liability, or any other basis, even if we have been advised of the possibility of such damage. The foregoing Limitation of Liability shall apply to the fullest extent permitted by the law in the applicable jurisdiction.

The Site and service is controlled and operated from our facilities and we make no representation that the site is appropriate or available for use in other locations. Those who access or use the Site from other jurisdictions do so at their own volition and are entirely responsible but not limited to export and import regulations.

YOUR USE OF THE SITE IS AT YOUR OWN RISK. NEITHER US NOR ANY OF ITS SUBSIDIARIES, DIVISIONS, AFFILIATES, AGENTS, REPRESENTATIVES OR LICENSORS (INCLUDING OUR INDEPENDENT CONTRACTOR CONTRIBUTORS) SHALL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR SIMILAR DAMAGES ARISING OUT OF YOUR ACCESS OR USE OF YOUR INABILITY TO ACCESS OR USE THE SITE AND THE INFORMATION AVAILABLE ON THE SITE OR ARISING OUT OF ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY INFORMATION AVAILABLE ON THE SITE. YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST US, AND ITS SUBSIDIARIES DIVISIONS, AFFILIATES, AGENTS, REPRESENTATIVES, AND LICENSORS (INCLUDING OUR INDEPENDENT CONTRACTOR CONTRIBUTORS) ARISING OUT OF YOUR USE OF THE SITE AND THE INFORMATION AVAILABLE THEREON.

USER CONTENT

The Personal Identifiable Information you submit to us is governed by our Privacy Policy. To the extent there is an inconsistency between this Agreement and our Privacy Policy, this Agreement shall govern.

The Site contains functionality and other interactive areas, including blogs, users reviews of drug information, user reviews on www.instacover.co.in and on other sections of the websites etc., (collectively “Public Areas”) that allow users to post or upload content and other information, including comments, images, questions, reviews, and other materials (the User Content). Users may also upload User Content via our official brand presence on Social Media platforms and branded hashtags, including without limitation Facebook, Twitter (collectively – Social Media Platforms). You agree that you will not post, upload, or transmit any communications or user content of any type to the Public Areas or Social Media Platforms that infringe or violate any rights of any party. By submitting communications or User Content to the Public Areas or Social Media Platforms, you agree to comply with these policies, such as our Review Guidelines. We reserve the right to remove User Content for any reason including User Content that we believe violates these Terms & Conditions of Use or our other Policies, such as our Review Guidelines. By submitting any communications or User Content to the Public Areas or Social Media Platforms, you further agree that such submission is non-confidential for all purposes. It is important to note that we are not responsible for the operation, terms of use or policies of any Social Media Platforms. Before using any Social Media Platforms, you should review its terms of use Policies, including its Privacy Policy.

If you make any submissions or post User Content to a Public Area or a Social Media Platform, you agree that you will not send or transmit to us by email (including through the email address listed on the “Contact Us” Page) any communications or content that infringes or violates any rights of any party. If you submit any business information, idea, concept, or invention to us by email, you agree such submission is non-confidential for all purposes.

If you make any submission or post User Content to a Public Area or a Social Media Platform, or if you submit any business information, idea, concept or invention to us by email, you automatically grant – or warrant us a royalty-free, perpetual, irrevocable, worldwide, non-exclusive, fully sub-licensable right and license to use, reproduce, create derivative works from, modify, adopt – publish, edit, translate, distribute, perform, and publicly display such submission, or any form, format or forum now known or hereafter developed. We may sub-license its rights through multiple tiers of sub-licenses. If you wish to keep any business information, ideas, concepts, or inventions private or proprietary, do not submit them to the Public Areas or Social Media Platforms or to us by email. We try to answer every email in a timely manner but are not always able to do so.

USER SUBMISSIONS – IMAGES, VIDEOS, AND AUDIO FILES

You agree to only post or upload media (like photos, videos or audios) on our site or a Social Media Platform that you have taken yourself or that you have all rights to transmit and license and which do not violate trademark, copyright, privacy or any other rights of any other person, photos or videos of celebrities and cartoons or comics. Images are usually copyrighted by the owner.

To protect the privacy, you agree that you will not submit any media that you will not submit any media that contains Personal Identifiable Information (like name, phone number, email address, or website URL) of you or of anyone else. Uploading media like images or videos of other people without their permission is strictly prohibited.

By uploading any media on our site or a Social Media Platform, you warrant that you have permission from all persons appearing in your media for you to make their contribution and grant rights described herein. Never post a picture or video of you or someone else unless you have their explicit permission.

It is strictly prohibited to upload media of any kind that contain expressions of hate, abuse, offensive images or conduct obscenity, pornography, sexually explicit or any material that could give rise to any civil or criminal liability under applicable law or regulations or that otherwise may be in conflict with these Terms & Conditions of Use, the Website’s Advertising Policy, or Our Privacy Policy.

You agree that you will not upload any material that contains software viruses, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or this website.

By uploading any media on our website or a Social Media Platform like a photo or video:

• you grant us a perpetual, irrevocable, non-exclusive, worldwide, royalty-free, fully-sub licensable right and license to use, copy print, publicly display, reproduce, modify, publish, post, transmit, create derivative works from, and distribute the media and any material included in the media;
• you certify that any person pictured in the submitted media (or, if a Minor, his/her parent/legal guardian) authorizes us to use, copy, print, publicly display, reproduce, modify, publish, post, transmit, create derivative works from and distribute the media and any material included in such media, and
• you agree to indemnify us and our affiliates, directors, officers, and employees and hold them harmless from any and all claims and expenses, including attorney’s fees, arising from the Media and/or your failure to comply with these Terms and Conditions of Use.

We reserve the right to review all media prior to submission to the Site and to remove any media for any reason, at any time, without prior notice, at our sole discretion.

Passwords

We have several tools that allow you to respond and store information. You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your website passwords or accounts. It is your sole responsibility to:

• Control the dissemination and use of sign-in name, screen name and passwords;
• authorize, monitor, and control access to and use of our website account and password;
• promptly inform us if you believe your account or password has been compromised or if there is any other reason you need to deactivate a password.

To send us an email, use the Contact Us Page link located at the bottom of every page of our Site. You grant us and all other persons or entities involved in the operation of the Site the right to transmit, monitor, retrieve, store and use your information in connection with operation of the Site. We cannot and do not assume any responsibility or liability for any information you submit, or your or third parties’ use or misuse of information transmitted or received using our tools, website and services.

USER CONTENT GUIDELINES

If you use, or post User Content on a Public Area such as Blog Posts including those falling under any category of our website www.instacove.co.in, or post on any Social Media Platforms, you are solely responsible for your own communications, the consequences of posting those communications, and your reliance on any communications found in the Public Areas or on the Social Media Platforms. We and our licensors are not responsible for the consequences of any communications in the Public Areas or on Social Media Platforms. In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcements agency immediately. If you think your pet may need a medical emergency, call your doctor immediately.

In consideration of being allowed to use the Public Areas and Social Media Platforms you agree that the following actions shall constitute a material breach of these Terms and Conditions:

• Using a Public Area or Social Media Platform for any purpose in violation of local, state, national, or international laws;
• Posting material that infringes on the Intellectual Property Rights of others or on the Privacy or publicity rights of others;
• Posting material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful or embarrassing to any other person or entity as determined by us in our sole discretion;
• Posting advertisements or solicitation of business;
• After receiving a warning, continuing to disrupt the normal flow of dialogue, or posting comments that are related to the topic being discussed (unless it is clear the discussion is free form);
• Posting chain letters or pyramid schemes;
• Impersonating another person;
• Distributing viruses or other harmful computer code;
• Harvesting, scraping, or otherwise collecting information about others, including email addresses, without their identification for posting or viewing comments.
• Allowing any other person or entity to use your identification for posting or viewing comments;
• Posting the same note more than once or spamming;
• Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Public Area, Social Media
• Platform on the Site, or which, in our judgments, exposes us or any of our customers or suppliers to any liability or detriment of any type;
• Promote commercial activities or sales, such as contests, sweepstakes, and other Sales, promotions barter, or advertising;
  Give the impression that they emanate from or are endorsed by us or any other person or entity, if that is not the case.

We reserve the Right (but are NOT obligated) to DO any or all of the following:

• Record the dialogues in Public Chat rooms;
• Investigate an allegation that a communication(s) do (es) not conform to the Terms of this Section and determine in its sole discretion to remove or request the removal of communication(s);
• Remove communications which are obscene, illegal, or disruptive, or that otherwise fail to conform to these Terms & Conditions of Use Agreement;
• Terminate a User’s access to any or all Public Areas and/or the website upon any breach of these Terms & Conditions of Use;
• Monitor, edit, or disclose any communication in the Public Areas or on a Social Media Platform;
• Edit or delete any communication(s) posted on the site, regardless of whether such communication(s) violate these standards.

We, or our licensors have no liability, or responsibility to users of our website or any other person or entity for performance or non-performance of the aforementioned activities.

MONITORING AND ENFORCEMENT; TERMINATION

We have the right to:

• Remove or refuse to post any User Contributions for any or no reason in our sole discretion;
• Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms & Conditions of Use including the Content Guidelines, infringes of any Intellectual Property Rights or other rights of any person or entity, threatens the personal safety of users of the site or the public or could create liability for the company;
• Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their Intellectual Property Rights or their Right to Privacy;
• Take appropriate legal action, including without limitation, referral to law enforcement for any illegal or unauthorized use of the Site;
• Terminate or suspend your access to all or part of the site for any or no reason including without limitation, any violation of those Terms & Conditions of Use.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court orders requesting or directing us to disclose the identity or other information related to anyone posting any materials on or through our site.

YOU WAIVE AND HOLD HARMLESS US AND OUR AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY/SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

We cannot and do not undertake to review all material before it is posted on the Site, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third-party. We have no liability or responsibility to anyone for performance or non-performance of the activities described in this Section.

THIRD PARTY WEBSITES, ADVERTISERS OR SERVICES

We may contain links to third-party websites, advertisers, or services that are not owned or controlled by us. We have no control over, and assume no responsibility for the content, privacy policies, or practices of any third-party website or services. If you access a third-party website from us, you do so at your own risk, and you understand that this Agreement and our Privacy Policy do not apply to your use of such sites. You expressly release us from any and all liability arising from your use of any third-party websites or services or third-party owned content. Additionally, your dealings with or participation in promotions of advertisers found here, including payment and delivery of goods, and any other terms (such as Warranties) are solely between you and such advertisers. You agree that we shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.

We encourage you to be aware of when you leave the Site and our services, and to read the Terms & Conditions of Use and Privacy Policy of any third-party website or service that you visit.

Neither us, nor any of our subsidiaries, divisions, affiliates, agents, representatives, or licensors shall have any liability, arising from your purchases and/or visits and/or use of service of third-party products or services based upon the information provided on the Site, and we shall not receive or review complaints, regarding such purchases.

YOU’RE INDEMNIFICATION OF US

You agree to defend, indemnify, and hold harmless us and our subsidiaries, agents, managers, and other affiliated companies, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs, or debts, and expenses (including but not limited to attorney’s fees) arising from:

• Your use of and access to the Service and Website, including any data or work transmitted or received by you;
• Your violation of any terms of this Agreement, including without limitation, your breach of any of the representations and warranties above;
• Your violation of any third-party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights;
• Your violation of any law, rule or regulation of any Country;
• Any claims or damages that arise as a result of any of your User Content or any data that are submitted via your account or profile; or
• Any other party’s access and use of the Service with your unique username, password or other appropriate security code.

OPT OUT

If the functionality of the site permits, accounts or profiles may be deactivated by logging into the account or profile and visiting the Preference Page. You will then need to re-enter your password and click the confirm button at the bottom of the Page. Your account or profile then may no longer be logged into or viewed, and all photos uploaded on your profile in the form of profile picture and cover image will be deleted. Account or profile deactivation is permanent and not reversible.

LICENSE GRANT

By posting any User Content on the Site and Services, you expressly grant, and you represent and warrant that you have a right to grant to us a Royalty-Free, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your Name, Voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed for use in connection with the Service and/or website.

RELIANCE ON INFORMATION ON SITE

We have no obligation to, and you should not expect us to, review content on our site, including User Contributions (defined above) or contributions by our Independent Contributors.

ABOUT OUR CONTRIBUTORS

We seek out content providers in particular subject matters as Independent Contractor Contributors to the Site. We do not represent or guarantee that any Contributor has achieved or has any specific qualifications or credentials as to the subject matter to which their contributions relate.

To the extent we refer to each of these Contributions as an expert, you must understand that we rely on the information they provide us and we are not obligated to independently verify or attempt to confirm any information they provide, nor their qualifications or credentials. We are also not obligated to monitor or independently research or verify any content they contribute. Contributors, even if characterized as and we cannot and do not represent or warrant the accuracy, completeness or truthfulness of the qualifications or credentials of any Contributors, nor of any other Users of the Site.

Please do not rely on the site content, including User Content and Contributions from our Independent Contractor Contributors. Content is provided for general information purposes only and can never take into account your unique, personal circumstances and needs. You acknowledge and agree that any reliance or action you take in violation of your Agreement with us shall be at your sole and exclusive risk and we shall have no responsibility or liability to you whatsoever. You also acknowledge and agree that communications on or through the site, whether with content providers or other users, are at your own risk and are not covered by any privilege or confidentiality obligation that might apply if you were to obtain your own professional advice.

OUR RIGHT TO MODIFY THESE TERMS AND CONDITIONS OF USE AGREEMENT

We reserve the right to change these Terms & Conditions of Use at any time. You should check this page regularly. The changes will appear on the site and will be effective when we post the changes. Your continued use of the site means you agree to and accept the changes.

NOTIFICATION PROCEDURES

We may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through conspicuous posting of such notice on the site, as determined by us in our sole discretion. We reserve the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notifications as described in the Terms and Conditions of Use Agreement and our Privacy Policy.

NOTICE AND TAKEDOWN PROCEDURES

If you believe any materials accessible on or from the site infringe your copyrights, you may request removal of those materials (or access hereto) from this website by contacting us and providing the following information:

• Identification of the copyrighted work that you believe to be infringed. Please describe the work and where possible include a copy or the location (eg URL) of an authorized version of the work;
• Identification of the material that you believe to be infringing and its location. Please describe the material and provide us with its URL or any other pertinent information that will allow us to locate the material;
• Your name, address, telephone number (if available) and email address;
• A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law;
• A statement that the information that you have supplied is accurate, and indicate that “under penalty of perjury”, you are the
• Copyright Owner or are authorized to act on the Copyright Owner’s behalf;
• A signature or the electronic equivalent from the Copyright Holder or authorized representative;
  You may Contact Us at [email protected] for copyright issues relating to this Website.

In an effort to protect the rights of Copyright Owners, we maintain a Policy for the termination, in appropriate circumstances, of subscribers and account holders of the site who are repeat infringers.

SECURITY

We have implemented commercially reasonable technical and organizational measures designed to secure your Personal Identifiable Information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third-parties will never be able to defeat those measures or use your Personal Identifiable Information for improper purposes. You acknowledge that you provide your Personal Identifiable Information at your own risk.

ADDITIONAL REPRESENTATION AND WARRANTIES

You shall be solely responsible for your own User Content and the consequences of posting or publishing it. In connection with User Content, you affirm, represent and Warrant, in addition to other representations and warranties in this Agreement the following:

• Your User Content and our Use thereof as contemplated by this Terms & Conditions of Use Agreement and the Site and the Service will not infringe any rights of any third-party including but not limited to any Intellectual Property Rights and rights to Publicity;
• We may exercise the rights to your User Content granted under this Agreement without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise.

DISPUTES

These Terms & Conditions of Use and any disputes arising out of or related to the Site shall be governed by and construed and enforced in accordance with, the Laws of India [without regards to conflict of Law Principles]. In the event of such dispute, you irrevocably consent to exclusive jurisdiction and venue in the courts located in India.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS OF USE OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED AND YOU HEREBY AGREE TO WAIVE SUCH CAUSE OF ACTION OR CLAIM AFTER SUCH DATE.

WAIVER AND SEVERABILITY

No waiver by us of any Terms & Conditions set forth these Terms & Conditions of Use shall be claimed a further or continuing Waiver of such terms or conditions or a waiver of any other term or condition, any failure of us to assert a right or provision under these Terms & Conditions of Use shall not Constitute a Waiver of such right or provision.

If any provision of these Terms & Conditions of Use is held by a court or other tribunal of competent Jurisdiction to be involved, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms & Conditions of Use will continue in full force and effect.

NO WAIVER OF ANY TERM OF THIS AGREEMENT SHALL BE DEEMED A FURTHER OR CONTINUING WAIVER OF SUCH TERM OR ANY OTHER TERM, AND OUR FAILURE TO ASSERT ANY RIGHT OR PROVISION UNDER THIS AGREEMENT SHALL NOT CONSTITUTE A WAIVER OF SUCH RIGHT OR PROVISION.

ASSIGNMENT

This Agreement and any rights and Licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction.

OUR INTELLECTUAL PROPERTY RIGHTS

Except for your User Content, the Site and service and all the materials therein or transferred thereby including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, Copyrights, photographs, video, audios, music, and User Content (the “Website Content”) and all Intellectual Property Rights related thereto, are the exclusive property of us and its licensors.

Except as explicitly provided herein, nothing in this Agreement, shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly perform, publish, adapt, edit, or create derivative works from any materials or content accessible on the Site and services. Use of our website content or materials on the web site and services for any purpose not expressly permitted by this Agreement is strictly prohibited.

You may choose to, or we may invite you to submit comments or ideas about the website, and the service, the material we present, including without limitation about how to improve the website and the service, the materials we offer and/or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited, and without restriction and will not place us under any judiciary or other obligations, that we are free to disclose the Ideas on a non-confidential basis to anyone or otherwise use the Ideas without any additional compensation to you. You acknowledge that, by Acceptance of your Submission, we do not waive any rights to use similar or related ideas previously known to us, or developed by our employees, or obtained from sources other than you.

THE TERMS INSTACOVER.CO.IN AND/OR COMPANY AND OTHER TRADEMARKS AND SERVICE MARKS, AND ALL RELATED NAMES, LOGOS, PRODUCTS, AND SERVICE NAMES, DESIGNS AND SLOGANS, ARE TRADEMARKS OF COMPANY/WEBSITE OR ITS AFFILIATES OR LICENSORS. YOU MAY NOT USE SUCH MARKS WITHOUT OUR PRIOR WRITTEN PERMISSION. ALL OTHER NAMES, LOGOS, PRODUCT, AND SERVICE NAMES, DESIGNS AND SLOGANS ON OUR SITE ARE THE TRADEMARKS OF THEIR RESPECTIVE OWNERS.

OUR PRIVACY POLICY

We care about the Privacy of our Users. By using our website, you grant us the right to collect, store, and use and/or disclose information in the manner permitted by the Privacy Policy and you are consenting to have your Personal Identifiable Information transferred to and processed by us as per the policies stated within our Privacy Policy.

Our Privacy Policy contains further information about how data is collected, used and made available on or by our site. We encourage you to read it here.

DIGITAL MILLENNIUM COPYRIGHT ACT POLICY (DMCA) AND NOTICE

We deal with Copyright infringement in accordance with the Digital Millennium Copyright Act (DMCA). You may not post, upload, or otherwise place any content or information on the Site that belongs to a third-party, unless you have the legal rights to do so. If you believe in good faith that your copyrighted work has been reproduced on our site without authorization in a way that constitutes Copyright infringement, you may notify us by email at [email protected]. This contact information is only for suspected Copyright Infringement. For your complaint to be valid under the DMCA, you must provide the following information in writing:

• An electronic or physical signature of a person authorized to act on behalf of the Copyright Owner;
• Identification of the Copyrighted Work you believe to have been infringed or, if the claim involves multiple works on the Site, a representative list of such works;
• Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material such as the precise URL that it appeared on, along with any copies you have / or that web page;
• Information reasonably sufficient to permit us to contact you, such as your name, postal address, telephone number and email address;
• A statement that you have a good faith belief that use of the copyrighted material is not authorized by the Copyright Owner, its agent, or the Law;
• A statement under penalty of perjury that the information in the written notice is accurate and that you are authorized to act on behalf of the Copyright Owner;

Please be aware that if you knowingly materially misrepresent that material or actively on the Site is infringing your Copyright you may be held liable for damages (including costs and attorney’s fees).

It is our Policy to disable the account of users who repeatedly post infringing materials on the Site.

The above information must be submitted to us at [email protected].

Please note that this procedure is exclusively for notifying us and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with our rights and obligations under the DMCA, but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.

In accordance with the DMCA and other applicable laws, we have adopted a policy of terminating the accounts or profiles of any users who infringe any Intellectual Property Rights of others whether or not there is any repeat infringement.

UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEY’S FEES.

GENERAL

We make no claims that instacover.co.in, our Managers, or any site within our Network, and the content are appropriate or may be downloaded outside of our Judiciary/legislative boundaries. Access to the content may not be legal by certain persons or in certain countries. If you access our Network/website, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

The following provisions service the expiration or termination of this Agreement for any reason whatsoever:

• Liability;
• User Submissions;
• User Submissions – Images, videos, audio files, indemnity, jurisdiction, and complete Agreement.

JURISDICTION AND GOVERNING LAWS

You expressly agree that exclusive jurisdiction for any disputes with us, or in any way relating to your use of our website, resides in the courts of India and you further agree and expressly consent to the exercise of personal jurisdiction with any such dispute including any claim involving us or our affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.

These Terms & Conditions of Use are governed by the internal Substantive Laws of India without respect to its conflict of Laws principles. If any provisions to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms & Conditions of Use, which shall remain in full force and effect. No waiver of any of these Terms & Conditions shall be deemed a further or continuing waiver of such terms & conditions of use or any other term or condition.

COMPLETE AGREEMENT

This Agreement, together with any other legal notices and agreements published by us via the service and our website shall constitute the entire Agreement between you and us concerning the use of website and services. If any provision of this Agreement is deemed invalid by a Court of Competent Jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.

Except as expressly provided in a particular “Legal Notice” on our website, these Terms & Conditions of Use, and our Privacy Policy and other policies published on this site, constitute the entire agreement between you and us with respect to the use of our website, the content and the material.

HOW TO CONTACT US

All feedbacks, comments, requests for technical support and other communications relating to the site should be directed to [email protected].

Request to use and reproduce content published on our website should be directed to [email protected].

Thank you for your cooperation. We hope you find our website helpful and convenient to use.