Last updated: 25/05/2023

Please read the following terms and conditions (collectively “Terms of Use”) carefully before accessing or using on any device, any service on the website/mobile application (collectively, “Website”) with the url: www.benefitscircle.com owned and operated by Marsh India Insurance Brokers Pvt Ltd, Registration No. 120, a composite broker duly registered with the Insurance Regulatory and Development Authority of India, having its registered office and corporate office at 1201-02, Tower 2, One World Center, Plot-841, Jupiter Textile Compound Mills, Senapati Bapat Marg, Elphinstone Road (W), Mumbai 400 013 (hereinafter, “Marsh India” or “We” or “Our” or “Us”).

These Terms of Use shall apply to all visitors, registered users, customers and others (“You” or “Your” “Yourself” or “User”) who access or use any service from this Website, including any content, functionality, and services offered on or through the Website (“Services”). Marsh India provides its Services to You subject to the conditions set out below in this document. By accessing the Website and/or availing any Services on the Website, You agree to be bound by these Terms of Use as posted on the Website. If You do not agree to be bound by all of these Terms of Use, You may not access or use the Website or any Services on the Website, in any way.

1. Services and Use of Website

1.1. This Website provides You with access to information about various insurance products/policies available in the insurance market for Your benefit, facilitates solicitation and servicing of insurance products/policies of various insurance companies, and offers claims consultancy, risk management services and any other services as permitted under applicable law. Any decisions to buy an insurance policy will be based solely on Your own evaluation of the insurance products/policies, and Your need for the same.

1.2. By making use of the Website, and furnishing Your personal / contact details, You hereby agree that You are interested in inquiring further, availing or purchasing the Service(s) that You have selected. You hereby agree that Marsh India may contact You either electronically or over the phone, to understand Your interest in the selected insurance products and Service(s) (like renewals, reminders etc.) and to fulfil Your queries and requirements. You agree to receive promotional materials and/or special offers from Marsh India through email or SMS.

1.3. Further, You agree and acknowledge that for undertaking any financial transactions through the Website, We may undertake client/customer due diligence measures and seek information required for know your client (KYC) purposes 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 laws and underlying rules.

2. Eligibility

2.1. You are eligible for availing the Services of this Website only if You are legally permitted to enter into a valid agreement as per the provisions on the Indian Contracts Act 1872 and You accept these Terms of Use without modification whatsoever. If You are not eligible for availing the Services of this Website, You may not use the Services of this Website. Further, the Services of this Website are not available to You if You are suspended or removed from the system by Us for any reason.

2.2. You may not have more than one active account on this Website. Additionally, You are prohibited from selling, trading, or otherwise transferring Your account to another party.

3. Your Account and Log-in details

3.1. On acceptance of Your application for registration on this Website, You will be provided with Your log-in details. You also agree to provide true, accurate, current and complete information about Yourself as prompted by the Website. If You provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, We have the right to suspend or terminate Your account and refuse any and all current or future use of the Website (or any portion thereof).

3.2. You are totally accountable for all actions that take place in Your account. It is entirely Your responsibility to maintain the confidentiality of Your password and membership identification and also to inform Marsh India without delay of any dishonest, unauthorized or illegal use of Your account.

4. Personal information

4.1. For the purpose of providing Services, Marsh India will be required to collect Your certain data and personal information, which includes certain sensitive personal data and personal information. Marsh India may use, disclose or transfer such data to the extent it is necessary in accordance with the Privacy Policy, available at www.benefitscircle.com

5. No Warranty

5.1. The content, products, information and Services published on this Website may contain information obtained from third parties, including insurance companies, and as a result, may include inaccuracies or errors, including pricing errors. This Website makes no representations or warranties as to the fairness, completeness or accuracy of information. Marsh India will attempt to update or correct any information that appears on the Internet or on this Website when it becomes aware of the same, but does not guarantee the same or assume any liability for the same. This Website is provided to You on an "as is" and "where‐is" basis, without any warranty. Any information and contents on this Website are supplied purely for informational purposes, and upon the condition that the persons viewing the same will make their own determination as to suitability for their purposes prior to use or in connection with the making of any decision. Unless the website or the information is used in conjunction with the Services offered by Marsh India, any use of this Website or the information is at Your own risk and neither Marsh India, nor its officers, employees or agents shall be liable for any loss, damage or expense arising out of any access to, use of, or reliance upon, this Website or the information, or any website linked to this Website.

6. Restricted Use

6.1. Any use or attempted use of this Website for the following purpose(s) is prohibited:

1. For any unlawful, unauthorized, fraudulent, or malicious purpose;
2. For any purposes that could damage, disable, overburden, or impair any server, or the network(s) connected to any server;
3. To interfere with any other party's use and enjoyment of the Website;
4. To gain unauthorized access to any other accounts, computer systems or networks connected to any server or systems through hacking, password mining or any other means;
5. To access systems, data or information not intended by Marsh India to be made accessible to You;
6. To obtain any materials or information through any means not intentionally made available by Marsh India; and
7. For any use other than the business purpose for which it was intended.

7. Limitation of Liability

You expressly acknowledge and agree that:

1. We do not control or endorse the content, messages or information found in any insurance products provided by insurance company(ies) and merely act as an insurance broker. Therefore, We specifically disclaim any liability with regard to the insurance products and services offered by insurance company(ies) and any actions resulting from Your purchase of such products and services, and You agree that You waive any claims against Us relating to same, and to the extent such waiver may be ineffective, You agree to release any claims against Us relating to the same;
2. Insurance is a subject matter of solicitation and the insurance policy issued to You is based on the information provided by You to Marsh India for Your contract with the insurance company(ies). The insurance company underwriting the particular insurance product purchased/serviced through Our Website is solely responsible for settling any claim thereunder or taking any decisions on claim settlements. By its operation of the Website, Marsh India is only acting in the capacity of an insurance broker and does not, in any circumstances, underwrite any insurance business or partake in such insurance business; and
3. We are only assisting in collecting the premium on behalf of the insurance company(ies) chosen by You to avail the insurance product. The acceptance of the deposit as premium and final issuance of the insurance policy is subject to the underwriting norms and discretion of the insurance company(ies) on which We have no control, and that product information is solely based on the information received from the insurance company(ies).
4. While adequate care would be taken to ensure completeness and accuracy of the information/Services provided on the Website, neither Marsh India nor any of its directors, officers, employees, subsidiaries, affiliates, partners and licensors or agents shall in any circumstance be liable to any person for any loss or damage caused due to any reliance placed by You on such information, including information obtained from third parties such as insurance companies, without obtaining the Services from Marsh India or consulting Marsh India in relation to such information. It remains Your sole responsibility to evaluate the completeness, accuracy or usefulness of any opinion, guidance or other content made available on the Website.
5. The information on this Website is supplied upon the condition that the persons receiving the same will make their own determination as to its suitability for their purposes prior to use or in connection with the making of any decision. Any use of this Website or the information and Services is at Your own risk and neither Marsh India, nor its officers, employees or agents shall be liable for any loss, damage or expense arising out of any access to, use of, or reliance upon, this Website or the information, or any website linked to this Website.

7.2. In addition to the above, In no event will Marsh India, or any of its directors, officers, employees, subsidiaries, affiliates, partners and licensors or agents, be liable, whether based in contract, tort, negligence, strict liability or otherwise, for any direct, indirect, punitive, incidental, special, or consequential damages arising out of or in any way connected with the use of, or inability to use, the Website (or its content, materials and Services).

7.3. If, despite the limitation above, Marsh India or its affiliates (as mentioned above) are found liable for any loss or damage which arises out of or in any way connected with any of the occurrences described above, then the total liability of Marsh India and/or its affiliates to You for all damages, losses, and causes of action (whether in contract, tort, negligence, strict liability or otherwise), will in no event exceed, the amount paid by You, if any, for availing the Services on the Website.

7.4. Marsh India also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, Your computer equipment or other property as a result of Your access to, use of, or browsing on the Website or Your downloading of any materials, data, text, images, video, or audio from this Website.

8. Indemnity

8.1. You agree to indemnify and hold Marsh India (and its affiliates, officers, directors, employees, agents, subsidiaries, joint ventures, and representatives) harmless from any and all third party claims, losses, liability, damages, charges, fines, penalties and/or costs (including reasonable attorney fees and costs) arising from Your access to or use of the Website, violation of this Terms of Use, breach of any applicable law or the rights of Marsh India or any person or entity.

9. Third Party Links

9.1. If permitted by applicable law, this Website may contain links to other websites, mobile applications and online services operated and controlled by parties other than Marsh India, including by insurance companies (“Third Party Website”). Such links are provided for Your convenience only and Marsh India does not control such Third Party Websites.

9.2. We do not monitor and are not responsible for the content found on Third Party Websites that are so linked. These Third Party Websites are not under Our control, and You acknowledge and agree that We have no control over and assume no responsibility for the content, advertisement, goods or services offered, privacy policies or practices of any Third Party Websites.

9.3. Inclusion of any link on the Website does not imply any association, sponsorship, endorsement, or affiliation of Marsh India with any such linked portals. You may use the links and these third party services at Your own risk. You further acknowledge and agree that Marsh India shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such Third Party Websites.

10. Payment Transactions

All payment transactions happen using secure server software through third party payment gateways engaged by either Marsh India directly or by other third parties. Marsh India does not have end to end control over such transactions, which are handled exclusively by such third party payment gateways.

10.2. Marsh India hereby disclaims all its liability and shall in no way be liable or responsible for any loss or damage caused to You on account of any actions, errors or omissions or any other misuse or mishandling in relation to any online payment transaction handled by third party payment gateways using the credit card/debit card/cash card/net-banking/mobile wallet/UPI, etc and/or the payment verification process.

11. Intellectual Property

11.1. This Website, including but not limited to text, content, articles, columns, photographs, video, audio, and graphics (“Materials”), are the intellectual property of Marsh India or owners of the relevant Third Party Websites, if permitted by applicable law. The Materials (other than those Materials which pertain to the Third Party Websites) are protected by all applicable copyright, trademark and other laws. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content of this Website is strictly prohibited, unless specifically authorized by Marsh India.

12. Modification of Terms of Use

12.1. Marsh India reserves the right, to change or modify these Terms of Use, in whole or in part, in Our own discretion at any time, without any prior notice to You. We may revise and update the Terms of Use on the Website from time to time and they will be effective immediately thereafter.

12.2 All changes are effective immediately when We post them and apply to all access and usage of the Website thereafter. Your continued use of the Website following the posting of revised Terms of Use means that You accept and agree to the changes. You should periodically review the “Last updated” date at the top of these Terms of Use so that You can familiarise Yourself with any changes, as they are binding on You. In case You no longer wish to use the Website on such revised Terms of Use, You are entitled to terminate Your relationship with Marsh India.

13. Governing Law and Dispute Resolution

13.1 These Terms of Use shall be governed by and must be interpreted in accordance with Indian law. You agree to the exclusive jurisdiction of the courts of Mumbai, India, in respect to any proceedings in connection with these Terms of Use or any Services provided on or through this Website.

14. Termination of use

14.1. You agree that We may, at Our sole discretion, suspend or terminate Your access to all or part of Our Website and Services, with or without notice and for any reason, including, without limitation, breach of these Terms of Use and You also agree that Marsh India will not be liable to You or any third party for any such termination or interruption. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating Your relationship and may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies that Marsh India may have under law or in equity. Upon suspension or termination, Your right to use the Services on this Website will immediately cease, and We reserve the right to remove or delete any information that You may have on file with Us, including any account or login information.

15. General

15.1. Severability If any provision of these Terms of Use is held to be unlawful, void, invalid or otherwise unenforceable, then that provision will be limited or eliminated from these Terms of Use to the minimum extent required, and the remaining provisions will remain valid and enforceable.

15.2. Force Majeure: We shall not be liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond Our reasonable control, including, without limitation, internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, virus, other malicious computer code, hacking, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, flood, storms, explosions, act of god, war, earthquake, governmental actions, orders of domestic or foreign courts or tribunals, non - performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.

15.3. Headings: Headings under these Terms of Use are for reference purposes only and do not limit the scope or extent of such section.

15.4. Entire Agreement: These Terms of Use are the entire agreement between You and Marsh India relating to the subject matter hereof and these Terms of Use is not modified except by a change to the Terms of Use made by Marsh India in accordance with the terms of the Terms of Use.