Terms and Conditions

Overview
Welcome to WinsurTech, India. WinsurTech is registered in Chandigarh, UT, India and located at IT-C2, Sector 67, Mohali, Punjab, 160062, India. This is WinsurTech Terms and Conditions agreement that applies to all of the Products and Products made available by WinsurTech.

We are happy to welcome you that you want to register with us and use our products. The terms and conditions listed below apply to your use of any WinsurTech product provided via WinsurTech. This also includes any applicable free trials on any product offered by WinsurTech. Please read the Terms and Conditions carefully before you start using WinsurTech products. You accept and agree to be bound and abide by these Terms and Conditions prior to using WinsurTech products. In case of any objections or questions. you can write to us at contact@winsurtech.com.

Terms and Conditions
WinsurTech reserves the right to modify these Terms and Conditions from time to time, at our discretion and without notice. Nevertheless, this document is public on the WinsurTech website (‘Website’), and you will be able to track the changes for any new version. Your continued use of the products following the publishing of updated Terms and Conditions means that you accept and agree to the changes.

These Terms and Conditions are effective between you and WinsurTech as of the date you accepted them (‘Effective Date’).

Product Availability, Data Security and Privacy of Data
Although our attempt remains to keep the WinsurTech products running all the time but we can’t guarantee that the products will be up and running 24/7. We also reserve the right to restrict access to the product in case of maintenance or repair required and including in the case of System failure or any other reason beyond our control. We can also restrict access to some features of the website for users with prior information. In any case, we will not be liable if for any reason all or any part of the product is inaccessible at any time or for any period.

To access the WinsurTech Products you have to register and get a valid license key from us. Your license information (credentials) must be treated as confidential by you. Do not disclose it to any third party. In any case, if you sense a breach of security notify us immediately. We shall not be responsible for any loss or disclosure of your data resulting from your use of the product, including from your failure to adequately secure your credentials.

It is mandatory for your use of the Product that all the information you provide on the Product is correct, complete and latest. In the future, we may ask you for information or update your profile to the latest data of yours. We keep the right to disable any user account, at any time in our sole discretion for any or no reason, including, if in our opinion you have failed to abide by with any provision of these Terms and Conditions.

You use of the Product shall not: (i) interfere with the security of the Product or with the accounts of any of our other customers, (ii) log into a server or account that you have no permission to access, (iii) attempt to probe, scan or test the susceptibility of the Product or to breach the security or authentication measures without proper permissions; (iv) execute any part of the Product unusable with manual attempts or with scripts or programs; (v) lease, distribute, license, sell or otherwise commercially exploit the Product or make the Product available to a third party other than as contemplated in these Terms and Conditions; (vi) use the Product for time sharing or Product bureau purposes or otherwise for the advantage of a third party; or (vii) provide to third parties any analysis or Free Trial (as defined below) version of the Product without our prior written consent.

In addition, you confirm to comply with all applicable laws and rules in your use of the Product especially you will not use the Products to communicate any message or material that (i) is slanderous, harmful to minors, obscene or constitutes pornography; (ii) infringes the holding rights of a third party or is otherwise unlawful; or (iii) would otherwise constitute or encourage conduct that could constitute a criminal offence under any applicable law or regulation.

We use SSL encrypted browsing for all logged-in users, however, we cannot guarantee that all users will be secure. We also do not guarantee that the Product or any content provided on the Product is fault free.

We take the protection of your personal data very sincerely. For information on how we use your personal data please have a look at our Privacy Policy.

Where, in providing the Product, WinsurTech processes personal data on your behalf, this will be governed by our Data Protection Agreement. In agreeing to these Terms and Conditions, you are also agreeing to the terms of our Data Protection Agreement.

Free Trial to Use our Product
WinsurTech may make all or part of the Product available to you on a trial basis free of charge (‘Free Trial’). The Free Trial shall begin when you submit a registration to us and shall terminate on the earlier of (i) the Free Trial expiration date specified by us upon receiving your registration, or (ii) the date you subscribe to a WinsurTech Paid Product. The Product is provided “as-is” and without warranty of any kind throughout the Free Trial. The data you enter during the Free Trial will be permanently deleted within 12 months following the end of the Free Trial.

Purchase of the WinsurTech Products
If you agree to pay the fee for access to one of the WinsurTech subscriptions (‘WinsurTech Paid Product’), the applicable nonrefundable fee will be charged by WinsurTech to the company or alternative company entity selected by you in accordance with the payment method you have chosen for your purchase, in progression either as a one-off payment, one-off annual payment or on a repeated monthly cycle, depending on your prefered subscription. If you are paying by a credit card, by designating a card to be billed, you confirm that you are authorized to make such purchase and you are the holder of the card used for the payment (i.e. that the card is issued in your name). All costs mentioned on the Website are inclusive of any applicable sales taxes and fees. WinsurTech accepts multiple payment methods, so please check the Website for the best way for you to pay.

We will make the Product available to you during the term of your subscription to the WinsurTech Paid Product. You agree that your purchase of the WinsurTech Paid Product is neither contingent upon the delivery of any future functionality or features nor dependent upon any oral or written public comments created by us with regard to future functionality or features except if communicated by us in written to you.

If you subscribe to WinsurTech Paid Product, you may give additional users access to the Product up to the number of permitted users specified in the applicable WinsurTech Paid Product (‘Users’). Users could embody you and your staff, consultants, contractors and agents. You must ensure that all Users comply with these Terms and Conditions and you are responsible for such compliance. If you exceed the number of Users permitted by your WinsurTech Paid Product, you will be in breach of these Terms and Conditions and we will have the right to stop or suspend your access to the Product or pursue any other solution available to us.

Pricing of WinsurTech Products
WinsurTech may update the rates for the WinsurTech Paid Product from time to time. In respect of the WinsurTech Paid Product, such updated rates will take effect after the expiry of the subscription period you have already paid for. Any price update will be intimated to you at least 14 days in advance so that you have an opportunity to act to not extend your subscription. If you do not wish to be bound by such changed price relating to your WinsurTech Paid Product you may terminate your subscription of your WinsurTech Paid Product in conformity with the Section of these Terms and Conditions entitled “Duration and Termination of the License Agreement” below. Your continued use of the WinsurTech Paid Product after the communication of such price change to you constitutes an acceptance of such new price.

Automatic Renewal of your Subscription with WinsurTech Products
Your subscription to the WinsurTech Paid Product will automatically renew at the end of each subscription term unless you cancel your subscription prior to the end of such subscription term in conformation with the Section entitled “Duration and Termination of the License Agreement”. At the time of renewal, the payment method you have designated to be charged for the purchase of the WinsurTech Paid Product will automatically be charged with the then-current fees for the applicable subscription.

Disclaimer of Warranties, Limitations of Liability and Indemnification
The use of our Product is at your own risk. The Product is facilitated ‘as is’ and ‘as available’. We disclaim all warranties of any kind, explicit or inexplicit, including, without limitation, the warranties of state, fitness for a selected purpose and non-infringement. To the maximum extent permitted by law, we are not responsible and accountable for damages, direct or consequential, resulting from your use of the Product, and you agree to defend, indemnify and hold us harmless from any claims, losses, liability charges and expenses (including but not restricted to attorney’s fees) arising from your violation of any third party’s rights to the extent that such violation arises from your use of the Product as a result the Product is not error or bug free, you agree that you will use it carefully and avoid using it in ways which could lead to any loss of your or any third party’s property or information. Nothing in this agreement shall exclude either party’s liability for death or personal injury caused by its negligence or for fraud or fraudulent misrepresentation.

Third Party Websites and Providers (Links, Access and Integrations)
Our Product may contain links to third party websites, products or Products that are not owned or controlled by us. We have no governance over and assume no responsibility for the content, privacy policies, or practices of any third party website or Product. If you utilise our Product in connection with the applications or Products of third parties, your use of such applications or Products is subject to the terms and conditions defined by those third parties and that we assume no responsibility for your use of the same.

Duration and Termination of the License Agreement
These Terms and Conditions will become effective on the Effective Date and will remain effective until terminated by you or WinsurTech. You may cancel your subscription of the WinsurTech Paid Product at any time by visiting your subscription page, which termination shall have effect at the expiry of the then-current agreement period that you have already paid for (e.g. one month, one quarter or a year). WinsurTech will not refund any remaining portion of subscription fees you have already paid for. WinsurTech reserves the right to terminate these Terms and Conditions or suspend your WinsurTech account at any time in case of unauthorized, or suspected unauthorized use of the Product whether in contravention of this Agreement or otherwise. If WinsurTech terminates these Terms and Conditions or suspends your WinsurTech account for any of the reasons set out in this section, then to the maximum extent permitted by law, WinsurTech shall have no liability or responsibility to you, and will not refund any amounts that you have previously paid.

Confidentiality of Information
You and WinsurTech each agree to keep confidential all confidential information provided to it by the other party in connection with these Terms and Conditions and to shield such confidential information within the same manner as it protects its own confidential information. Neither of you nor WinsurTech will disclose or use any confidential information of the other party for any purpose outside the scope of these Terms and Conditions except with the disclosing party’s consent or as demanded by law.

Customer Data Rights and Protection
You retain all right, title and interest in and to all data (including personal data) that you upload to WinsurTech or otherwise provide to WinsurTech through your use of the Product. When WinsurTech is processing personal data on your behalf our Standard Data Protection will apply to such processing.

Intellectual Property Conflicts
WinsurTech respects intellectual property rights and expects you to do the same. The Product and the content provided through WinsurTech is the property of WinsurTech or WinsurTech’s licensors and protected by intellectual property rights (including but not limited to copyright). By registering to use the Product we grant you a non-exclusive, non-transferable licence to use the Product and you acknowledge that, except for the rights granted hereunder, you do not have a right to use the Product (including but not limited to its content) in any manner not covered by these Terms and Conditions.

In particular, you shall not: (i) modify, translate, or create derivative works based on WinsurTech or any element of the Product; (ii) create any link to WinsurTech or frame or mirror any content contained or accessible from the Product, (iii) reverse engineer, de-compile, disassemble or otherwise attempt to discover the source code or underlying ideas or algorithms of WinsurTech; (iv) or access the Product so as to (a) build a competitive product or Product, or (b) copy any concepts, features, functions or graphics of the Product.

Furthermore, you must not infringe any third party’s intellectual property rights in using WinsurTech or the Product. Moreover, you may not remove or change any copyright, trademark or other intellectual property notices contained on or provided through the Product.

Copyright Infringement and Communication
If you are a copyright holder who believes that any of the products, Products or content which are directly available via the Product are infringing copies of your work, please let us know. A notice of alleged copyright infringement should be sent to WinsurTech’s designated copyright agent at the following address: WinsurTech Software Inc. Attn: WinsurTech c/o Webner Solutions Private Limited. IT-C2, Sector 67, Mohali India – 160062. contact@WinsurTech.com.

A notification of claimed copyright infringement must be sent to WinsurTech’s address listed above and include the following: A physical or electronic signature of the owner (or person authorized to act on behalf of the owner) of the copyright that is allegedly violated; Specific identification of every copyrighted work claimed to have been violated; A description of where the material believed to be infringed is located on the Product (please be as elaborate as possible and provide an URL to assist us to locate the material you are reporting); Contact information for the complaining party, such as complete name, address, telephone number, and email address; A statement that the complaining party has a good belief that use of the work(s) in the manner complained of is not authorized by the copyright proprietor, its agent, or the law; and A statement that the information mentioned in the notification is true, and under penalty of perjury, that the complaining party is permitted to act on behalf of the owner of an exclusive right that is allegedly violated.

Product Technology and Features Limitations, Updates and Repair
WinsurTech will make reasonable efforts to keep the Product operational. However, certain technical challenges or maintenance may, from time to time, lead to temporary interruptions or delays in the work. WinsurTech reserves the right at any time and from time to time to modify or terminate, temporarily or permanently, functions and features of the Product with or without your consent.

Rights to Assign or Re-Assign this License Agreement and Entirety of this Agreement
WinsurTech could assign this Agreement or any part of it without any restrictions. You may not assign this Agreement or its part to any third party.

These Terms and Conditions constitute all the terms and conditions agreed upon between you and WinsurTech and supersede any prior agreements in relation to the subject matter of these Terms and Conditions, whether written or verbal. Any additional or different terms or conditions in relation to the subject matter of these Terms and Conditions in any written or oral communication from you to WinsurTech are void. You agree and settle for that you have not accepted the terms and conditions of these Terms and Conditions in reliance of or to any oral or written representations created by WinsurTech not contained in this Agreement.

Severability
Should for any reason or to any extent, any provision of these Terms and Conditions be held invalid or unenforceable, such inconsistency or enforceability shall not in any way have an affect or render invalid or unenforceable the remaining provisions of these Terms and Conditions and therefore the application of that provision shall be enforced to the extent permitted by law.

Product Usage Relationship / Independent Contractors
You and WinsurTech are independent contractors. These Terms and Conditions do not create a joint venture or partnership between you and WinsurTech and neither of us is by virtue of these Terms and Conditions authorised to act as associate agent, worker or representative of the other party.

Amendment and Waiver of Selective Terms
WinsurTech may revise these Terms and Conditions from time to time. Any waiver of any right or remedy under these Terms and Conditions by WinsurTech must be in writing and signed by us. No lag in exercising any right or remedy shall operate as a waiver of such right or remedy or the other right or remedy. A waiver on one occasion shall not be deciphered as a waiver of any right or remedy on any future occasion.

Notices
Any notices under these Terms and Conditions shall be in writing and shall be considered to have been delivered: (i) upon personal delivery; (ii) the fifth business day after mailing; or (iii) the third business day after posting by email. Notices to WinsurTech shall be addressed as follows:

WinsurTech c/o Webner Solutions Private Limited.
IT-C2, Sector 67, Mohali
India – 160062

Mandatory arbitration; exceptions to necessary arbitration, waiver of class action rights; limitations period; venue and selection of law

  1. You and WinsurTech agree that any dispute, claim or controversy arising out of or relating in any way to the Product or your use thereof, including our Agreement, shall be determined by mandatory binding arbitration. This arbitration provision shall survive termination of these Terms and Conditions and the termination of your subscription to a WinsurTech Paid Product.
  2. You and WinsurTech agree that (a) any claims seeking to enforce, protect, or decide the validity or possession of any intellectual property rights, and (b) any claims related to allegations of theft, piracy or unauthorized use of the Product are NOT subject to obligatory arbitration. Instead, you and WinsurTech agree that the preceding claims (including but not limited to claims for injunctive or equitable relief) shall be exclusively decided by The Judicial Courts in Mohali, Punjab, India and that applicable Punjab and/or Indian federal law shall govern, without regard to choice of law principles.
  3. YOU AND WinsurTech AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A CLASS MEMBER OR IN ANY REPRESENTATIVE CAPACITY OR PROCEEDING. Further, the mediator shall not consolidate any other person’s claims together with your claims, and may not otherwise preside over any form of a multi-party or class proceeding. If this specific provision is found to be unenforceable in any means, then the entirety of this arbitration section shall be null and void. The mediator might not award declarative or injunctive relief.
  4. Any arbitration must be commenced by filing a request for arbitration within ONE (1) YEAR after the date the party declaring the claim first knows or fairly ought to recognize the act, omission or default giving rise to the claim; and there shall be no right to any remedy for any claim not stated within that time period. If applicable law prohibits a one-year limitations period for declarative claims, any claim must be declared within the shortest time period allowed by applicable law. Your arbitration fees and your share of arbitrator compensation will be limited to those fees set forth in the applicable arbitration rules with the remainder paid by WinsurTech. Any arbitration costs or fees deemed ‘excessive’ will be paid by WinsurTech.
  5. You and WinsurTech further agree that applicable laws of India shall exclusively govern any dispute without regard to choice or conflicts of law rules. The sole and exclusive venue for the resolution of any dispute, whether or not subject to mandatory arbitration as described above, shall lie in India.

 

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WinsurTech c/o Webner Solutions Private Limited. IT-C2, Sector 67, Mohali India – 160062

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