Product Availability, Data Security, Valid Use, and Privacy of Data
Although our attempt remains to keep the WinsurTech products running all the time we can’t guarantee that the products will be up and running 24/7 if the interruption is caused due to any reason beyond our control. 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 provided to the users. 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 due to any reason beyond our control.
To access WinsurTech Products you have to register and get a valid license key or online subscription credentials as applicable. Your 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 about you is complete and latest. In the future, we may ask you for information or update your profile to your 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 any provision of these Terms and Conditions.
Your 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 Product 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 offense 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.
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.
Subscription/Purchase of the WinsurTech Products/Services
If you agree to pay the fee for access to one of the WinsurTech subscriptions (‘WinsurTech Paid Product’), the applicable non-refundable 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 preferred 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 a purchase and that 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/Service 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 writing 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.
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 the such subscription term in conformation with the Section entitled “Duration and Termination of the License Agreement” or you chose to pay manually after each subscription duration. 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 if the auto-renew mode is set to On.
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 utilize 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 we assume no responsibility for your use of the same.
The default Refund policy of WinsurTech is to adjust your remaining balance by providing you access to the product for a proportionate duration according to the amount eligible for the refund unless otherwise agreed to by WinsurTech with you in writing at the start of your subscription. In such a case where WinsurTech agrees with you for the refund to be credited back to your bank account, it will be paid within 7 working days after the subscription is terminated.
Customer Data Rights and Protection
You retain all rights, titles, 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.
Copyright Infringement and Communication
If you are a copyright holder who believes that any of the products, Products, or content that 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.
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.
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 authorized to act as associate agent, worker, or representative of the other party.
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:
Contact us at – Corporate Headquarters
Winsurtech Software Solutions Private Limited.
c/o Webner Solutions Private Limited,
IT-C2, Plot No. 2, First Floor, Sector 67,
Mohali India – 160062