Terms Of Use

THIS AGREEMENT IS AN ELECTRONIC RECORD IN TERMS OF INFORMATION TECHNOLOGY ACT, 2000 AND RULES THERE UNDER AS APPLICABLE AND THE AMENDED PROVISIONS PERTAINING TO ELECTRONIC RECORDS/DOCUMENTS IN VARIOUS STATUTES AS AMENDED BY THE INFORMATION TECHNOLOGY (REASONABLE SECURITY PRACTICES AND PROCEDURES AND SENSITIVE PERSONAL DATA OR INFORMATION) RULES 2011. THIS IS A COMPUTER-GENERATED ELECTRONIC RECORD AND DOES NOT REQUIRE ANY PHYSICAL OR DIGITAL SIGNATURES. PLEASE READ THE TERMS AND CONDITIONS OF THIS AGREEMENT CAREFULLY. TERMS AND CONDITIONS MENTIONED IN THE AGREEMENT ARE A BINDING CONTRACT BETWEEN CLEMENT AND YOU. THE TERMS ARE EFFECTIVE UPON ACCEPTANCE AND SHALL GOVERN THE RELATIONSHIP BETWEEN CLEMENT AND YOU FOR SERVICES THROUGH PORTAL. IF THESE TERMS CONFLICT WITH ANY OTHER DOCUMENT/RECORDS, THE TERMS AND CONDITIONS OF THIS AGREEMENT SHALL PREVAIL UNLESS AND UNTIL FURTHER CHANGE/MODIFICATIONS NOTIFIED BY CLEMENT.

1. INTRODUCTION

Welcome to www.clementadvisory.in website/application that is absolutely owned and operated by “Clement Advisory Private Limited”.

If You (“You/Yourself/Subscriber/Guest/Visitor”) continue to browse and use this Portal, You are agreeing to comply with and be bound by these terms and conditions of use of the Portal (“Terms of Use”), which together with our privacy policy (“Privacy Policy”) govern Portal’srelationship with You. If You disagree with any part of these Terms of Use and Privacy Policy, You may not use this Portal and the Services provided through this Portal.

2. DEFINITIONS

“Clement”; “us”; “we”; “our” shall mean Clement Advisory Private Limited, a company incorporated under the Indian Companies Act, 2013 with its Registered office at Plot No. 7, Smruti Bungalow, Satish CHS, Near Gaondevi mandir, Manpada Rd, Dombivli, Thane, 421201. 2

“Portal” shall mean website named “www.clementadvisory.in” / mobile application named “MAA” from which User can avail services on risk, health.

“Register” shall mean registering and has an active subscription to the Services being offered through the Portal for Users on the basis of terms and conditions provided in this Terms of Use.

“Registration Fee” shall mean the registration fees as intimated and displayed on the Portal from time to time.

“Service(s)” shall mean various services facilitated by us through Portal to the Users including but not limited to enlisting Your name on Portal, providing medical aid in case of emergency, risk advisory services, risk profile services, risk assessment and analysis, claim support services, suggestion on insurance policy.

“User(s)/You/Your/ Yourself” shall mean an individual/ corporate entity who is enrolled with the Portal.

3. REGISTRATION AND PASSWORD

As a guest, any viewer can navigate and browse through the Portal. However, in order to avail the Services available on the Portal, viewers must register on the Portal as a User, as per the Registration Fee specified on the Portal from time to time. The Registration Fee shall be subject to change unilaterally, as per the discretion of Clement.

Your registration for availing Services is subject to the acceptance of these Terms of Use and Privacy Policy of the Platform by You.

You shall be prompted to provide your mobile number and receive an OTP for registration on the Portal. You are required to provide personal details while registering on the Portal. You will be required to provide information including but not limited to full name, age, address, email ID, gender, mobile number, birth date, Mediclaim details and copy, insurance policy number and copies, details of emergency contact personnel, any pre-existing medical conditions, number/address of the hospitals/doctors for ongoing treatment etc.

You agree that at the time of registration, the information provided by You shall always be accurate, correct and complete. You shall be responsible for maintaining the confidentiality of Your account and password and You agree to accept responsibility for all activities that occur under Your account. You can change Your profile information and any other details that You have shared with the Portal, and You shall promptly update the email address listed in connection with Your account to keep it accurate so that we can contact You. You shall provide any additional information as required by the Portal 3 from time -to- time. We also reserve the right to refuse registration or delete accounts at our sole discretion. You must not set up an account on behalf of another individual or entity unless You are authorized to do so. You agree to abide by all applicable laws and regulations and are solely responsible for all acts or omissions committed by You.

4. SERVICE DESCRIPTION

Through this Portal, we provide Services to Users as mentioned below –

  • Medical emergency Aid and Alert: Portal shall provide Service to the User in case of emergency to avail quick aid. It includes contacting the nearby hospitals or hospitals which are registered on the Portal and which have already been suggested by the User. Clement reserves the right to contact a nearby hospital in case no hospital preference is given. Clement does not assure Users that a speedy response and treatment shall be given to the Users as per the requirement or preference to the Users. Portal reserves the right, at its sole discretion to obtain you geographical location through your mobile device and use such location to provide Services not limited to medical emergency aid and alert. Before we obtain your location, we will present you with an onscreen notice alerting you that we will capture your location.
  • Risk assessment: Once the User has registered on the Portal and provided the necessary details regarding the health and pre-existing conditions of the User, personal details, the Portal shall provide Services in advising the User regarding the possible risk faced by the User. The Portal shall assess the risk in the current policies of the Users if any and advise upon the additional policies that the users may obtain. The risk assessment shall not to be considered as medical advice or medical practitioners’ opinion. The Risk assessment is completely based on the current information and details shared by the User and will be considered to be true and correct by the Portal in the process of risk assessment and any such related reports. The Portal shall not verify the details and information shared by the User.
  • Risk profile services: The Portal basis the information provided by the User shall provide report of the risk profile, based on various parameters including but not limited to the insurance policy and Mediclaim policies of the risk profile to the Users. The report will be based on the information provided by the Users through the questionnaires and information shared to assimilate and will be used to guide for the risk profile of Users. All the information and reports or any such information shared by the Users will be considered to be true and correct.
  • Claim support services: The Portal may provide additional Services including but not limited to intimation of claim to insurance companies, claim supporting services, applications to the insurance providers. The Portal may assist the Users to guide for the procedure for claims.
  • Value added services: Once the User has registered on the Portal, Clement shall provide additional value-added Services that may include information through photos, videos, articles, webinars, forums, communities, access to workshops, health check-ups as provided by various professionals which include trainers, authors, coaches, mentors, speakers in the field of healthcare, wellness, lifestyle, mentoring, well-being, stress management, work life balance that promote and help Users on wellness , good values for maintaining health and for a joyous life.
    User agrees that Services may be curtailed or restrained at any point in time in case of any change in government guidelines or as per the discretions of Clement.
  • 5. USE OF PORTAL

    i. You should access the Portal as a User only if You are a major and legally capable of entering into a legal contract, have understood and voluntarily accepted Terms.
    ii. Portal reserves the right to store, evaluate, analyse, verify, and authenticate the personal information and data provided by the Users. In case it appears to the knowledge of evaluation team of the Portal that personal information provided by a particular User is incorrect or inaccurate then evaluation team can forthwith terminate the particular User account without any prior notice.
    iii. Portal makes no specific warranty regarding Services.
    iv. Use of Portal is subject to these Terms of Use, Privacy Policy and any other policies and conditions that may be notified on the Portal.
    v. You may avail Services available on Portal from time to time.
    vi. You understand and acknowledge that it is Your responsibility to read and understand all information as well as details about each Services before You proceed to avail the same.
    vii. Before actual enrolment with Portal, You shall ensure that, You fill in correct data for availing particular Service as per Your requirement.
    viii. In case of any wrong information or data is provided, You may not be able to avail appropriate Services and You shall be solely responsible and liable for any consequences of providing such wrong information or data.
    ix. We may share notification of our upcoming programs on Portal, LinkedIn, other social media Portal, and also notify You through emails, WhatsApp message or any other mode of communication.
    x. You shall confirm and ensure that facility for internet connection shall be non-disrupted and the Portal and Clement shall not be responsible or liable for any disruption or error while availing Services online.
    xi. You understand and acknowledge that the Website is prone to unintentional inaccuracies in content e.g., typographical errors, improper linkages etc.
    xii. You understand, acknowledge and agree that You shall be solely responsible for availing such Service and Portal and Company shall not be responsible or liable for any damages in any manner whatsoever.
    xiii. You understand and acknowledge that Portal is just the service facilitator, and it does not earn its revenue through any commission from any insurance companies, or any investment advisory.

    6. REFUND POLICY

    The Portal shall not provide refund in case the User terminates the registration of the Portal before completion of One (1) year from the date of registration unless as otherwise specified on the Platform. However, after completion of One (1) year the User shall have the option to avail a of refund of the Service fee as specified on the Portal from time to time. The refund policy of the Portal shall be subject to the changes by management, and the refund policy shall get updated periodically on the Portal. User may check the changes on the Portal, and usage of the portal shall be considered as acceptance of the changes.

    7. CUSTOMER SUPPORT

    Any complaints regarding Services will be resolved through email between You and the Portal as the case may be. You shall email us on support@clementadvosiry.in or WhatsApp on this number 7900007201 or call on this toll-free number _______ in order to register Your complaint. An CRM number shall be generated. User shall be able to track the complaint by using Customer Relationship Management (“CRM”). In case You notice any content, which is inappropriate, offensive, indecent or objectionable with respect to religious values, caste, culture, nationality, beliefs You shall email us on the provided email id.

    8. CHANGE IN TERMS

    Portal reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) available on the Portal with or without notice. Further, the Portalreserves the right to change these Terms of Use at any time. Portal will provide a notification or pop up in case of any changes in Terms of Use and any other Policy. You are responsible to regularly review the Terms of Use. Continued use of the Portal after any such changes shall constitute Your consent to be bound by such changes. Your only right with respect to any dissatisfaction with these Terms of Use; any Policy or practice of ours in operating the Portal or any Content available through the Portal, is to exercise discontinuation of usage of Portal.

    9. CONTENT AVAILABLE

    We follow ethical business practices and intend to provide the content, which is authorised, relevant and applicable and does not infringe any third party’s rights.

    You acknowledge that Portal does not make any representations or provide any warranties about the material, data, and information, such as data files, text, facts and figures, computer software, code, audio files or other sounds, photographs, videos, or other images that is shared by Users or any other content provider (collectively, the “Content”) which You may have access to as part of the Portal, or through Your use of this Portal.

    Under no circumstances, Portal is liable in any way for any Content, including, but not limited to any infringing Content, any errors or omissions in Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted, linked from, or otherwise accessible through or made available via Portal. You understand that by using this Portal, You may be exposed to Content that You may consider inappropriate, dangerous, offensive, indecent, or objectionable due to religious values, culture, caste, nationality, beliefs or due to any other reason. In case You notice any violation of Your intellectual property rights, You shall register Your complaint through email to the Portal on support@clementadvisory.in. After registering the complaint, Portal will take appropriate legal actions against such incidence including removal of such Content.

    10. CONTENT SUPPLIED BY YOU

    You represent, warrant, and agree that no content or details shared by You with Portal (“Your Content”), violates or infringes upon the rights of any third party, including any patent, copyright, trademark, privacy, publicity, or other personal or proprietary rights, breaches or conflicts with any obligation, such as a confidentiality obligation, or contains libellous, defamatory, or otherwise unlawful material.

    You grant us a personal, limited, revocable, non-transferable and non-exclusive right to use Your Content and details including but not limited to blogs, comments, video, audio, trademarks, service marks, logos etc. submitted by You. You also grant us the right (i) to display Your Content and details on the Portal (ii) promote or distribute it for the access of other customers.

    You agree that You are solely responsible for Your Content made available by You through the Portal including but not limited to any liabilities arising out of any third-party infringement claims.

    We reserve the right to screen, refuse to post, remove or edit Your Content at any time and for any or no reason in our absolute and sole discretion without prior notice, although we have no duty to do so or to monitor any public forum. If we elect to screen Your Content, there may be a delay in posting of such content in a public forum to allow for a review process. If we have questions about Your Content including, without limitation, the copyright, we may contact You for further information including, for example, to verify that You own the copyright or otherwise obtain necessary permission to post the material.

    11. LINKS TO THIRD PARTY RIGHTS

    This Portal may contain links to other platforms owned and operated by third parties who are not related to the Portal (“Linked Platforms”). The Linked Platforms are not under the control of Portal and Portal is not responsible for the content of any Linked Platforms or any hyperlink contained in a Linked Platform and makes no representation or warranty with respect to the content of any such third-party sites.

    Portal provides these links to You for convenience only and the inclusion of any link does not imply any endorsement of the Linked Platform by Portal. Your link to any such Linked Platform is entirely at Your own risk. Portal is not a party to any transaction between You and a Linked Platform. Your use of a Linked Platform is subject to the terms and conditions of that site.

    The Portal may also contain third party advertisements, if any. The display of such advertisements does not in any way imply an endorsement or recommendation of the relevant advertiser, its products or Services unless specifically mentioned by Clement. You are referred to the relevant advertiser for all information regarding the advertisement and its products or Services. Portal accepts no responsibility for any interaction between You and the relevant third party and is released from any liability arising out of or in any way connected with such interaction.

    12. ANCILLARY SERVICES

    You may get access to message boards, chat rooms, forums, blogs, emails, workshop, seminars and other feature (“Ancillary Services”) that are offered from time to time on the Portal and may be operated by us or by a third party on our behalf. You may email User Testimonial and blogs to Portal at feedback@clementadvisory.in after evaluating the same, we shall feature the same on the Portal page for others to see. You may also provide Your inputs and feedback in the surveys undertake by the Portal. As elaborated in Ownership of Intellectual Property Rights, Clement shall not be responsible for any copyright infringement for the blogs written on the Portal. You shall not use these Ancillary Services to provide any reviews and feedbacks which are malicious, derogatory or defamatory in nature or to perform any illegal activities (including without limitation defaming, abusing, harassing,stalking,threatening, promoting racismor otherwise violating the legal rights, such as rights if privacy of others) or immoral activities, falsely stating or otherwise misrepresenting Your affiliation with a person or entity.

    13. PROHIBITED CONDUCT

    You agree not to engage in any of the following activities:

    Violating laws and rights: You shall not (a) use the Portal for any illegal purpose or in violation of any local, state, national, or international laws, (b) violate or encourage others to violate any right of or obligation to a third party, including but not limited to, by infringing, misappropriating, or violating intellectual property, confidentiality, or privacy rights.

    Solicitation: You shall not use the Portal, or any information provided through the Portal for the transmission of advertising or promotional materials, including junk mail, spam, chain letters, or any other form of unsolicited or unwelcome solicitation.

    Disruption: You shall not use the Portal in any manner that could disable, overburden, damage, or impair the Portal, or interfere with any other party’s use and enjoyment of the Portal; including by (a) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code, or (b) interfering with or disrupting any network, equipment, or server connected to or used to provide any of the Services on the Portal, or violating any regulation, policy, or procedure of any network, equipment, or server.

    Harming others: You shall not share or transmit Content or details that are harmful, offensive, obscene, abusive, invasive of privacy, defamatory, hateful, or otherwise discriminatory, false or misleading, or incites an illegal act. You shall not intimidate or harass another through the Portal; and You may not post or transmit any personally identifiable information about persons without obtaining such persons’ express permission to do so through the Portal.

    Impersonation or unauthorized access: You shall not impersonate another person or entity or misrepresent Your affiliation with a person or entity when using the Portal. You shall not use or attempt to use another’s account or personal information; and You shall not attempt to gain unauthorized access to the Portal, or the computer systems or networks connected to the Portal, through hacking password mining or any other means.

    14. DISCLAIMER OF WARRANTIES

    Portal disclaims all warranties in connection with the Services and Portal, whether express or implied, oral or written, including but not limited to, the implied warranties of merchantability and fitness for a particular purpose or any warranty related to the security, accuracy, availability, or completeness of data, company information, or client information. platform makes no warranty or guarantee that Services will be uninterrupted or error-free. The platform makes no warranty or guarantee about the medical emergency alerts and aids.

    You expressly acknowledge and agree that use of the Portal and the provision of the Services is entirely at Your own risk and that the Portal, and the Services therein are provided on an "as is" basis, without any warranties of any kind. All express and implied warranties, including, without limitation, the 10 warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights are expressly disclaimed to the fullest extent permitted by law. To the fullest extent permitted by law, Clement, its officers, partners, employees, and agents disclaim all warranties, express or implied, in connection with the Portal, provision of Services and Your use thereof. Clement makes no warranties or representations that-
    i. the Content shared on the Portal, or any third-party platforms linked to the Portal are accurate or complete,
    ii. The Portal will meet Your requirements,
    iii. The Portal will be available on an uninterrupted, timely, secure, or error-free basis,
    iv. The results that may be obtained from the use of the Portal will be accurate or reliable.

    We may occasionally for brief periods suspend the operations of the Portal for maintenance, updates or support work as we may deem appropriate. We are not liable for any inconvenience, loss or damages that may be caused to You during such periods of suspension.

    We shall not be or responsible for any-
    • errors, mistakes, or inaccuracies of content;
    • personal injury or property damage, of any nature whatsoever, resulting from Your access to and use of the Portal;
    • any unauthorized access to or use of our servers and/or any and all personal information and/or financial information stored therein;
    • any interruption or cessation of transmission to or from the Portal;
    • any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Portal by any third party, and/or;
    • any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, communicated, transmitted, or otherwise made available via Website. Portal does not warrant, endorse, guarantee, or assume responsibility for any Service advertised or offered through the Portal or any hyperlinked platform or featured in any banner or other advertising.

    Portal only facilitates the information and only lists the doctors, hospitals and ambulances and makes no personal recommendations or specifications or the Services with respect to any of the above. In case any medical information is provided and transmitted through this Portal, then it is understood that Portal is merely a facilitator of such information. 11 You expressly acknowledge and agree that You will keep Yourself updated and You will adhere to applicable laws and guidelines in order perform Your obligations under these Terms of Use.

    Portal is not a medical professional, and Portal does not provide medical Services or render medical advice. Nothing contained in the Services should be construed as such advice or diagnosis. Portal is just the facilitator for medical emergency aids and alerts.

    Portal should not be construed as an investment advisor, or an insurance advisor governed by any regulatory authority. Portal is merely a tool to provide assistance to Users to know the different insurance products and make an informed decision regarding various insurance products which are suitable to the Users according to their need, and risks which are pertaining to them. Nothing contained in the Services shall be construed as financial or insurance advice, and it shall be seen as a guideline for Users, and Users shall check the terms and conditions of the Insurance or Mediclaim products individually before availing the same from the respective insurance companies

    The Portal does not sell any insurance polices or any financial investment or financial products that are related to insurance, mutual funds, cryptos, debts or any financial markets in India and abroad.

    15. LIMITATION OF LIABILITY

    In no event shall Clement, its officers, partners, employees, or agents, be liable for direct, indirect, incidental, special, consequential or exemplary damages (even if Clement has been advised of the possibility of such damages), resulting from any aspect of Your use of the Portal, including without limitation whether the damages arise from use or misuse of the Portal, from inability to use the Portal, or the interruption, suspension, modification, alteration, or termination of the Portal. Such limitation of liability shall also apply with respect to damages incurred by reason of Services or rendered through or advertised in connection with the Portal or any links on the Portal, as well as by reason of any information, opinions or advice received through or advertised in connection with the Portal or any links on the Portal. These limitations shall apply to the fullest extent permitted by law. You specifically acknowledge and agree that Clement shall not be liable for user details or content or defamatory, offensive, or illegal conduct of any user or third party and that the risk of harm or damage from the foregoing rests entirely with You.

    In any event, the total aggregate liability of Portal to You under any applicable law whatsoever for all loss or damage arising out of access to the Portalshall be limited to amount of Registration Fees paid by you to the Portal.

    16. INDEMNIFICATION

    You agree to indemnify us and hold us harmless from and against any claims arising out of or relating to:
    i. Details and Content that You submit or transmit for the Services.
    ii. Your violation of any rights of any other person in connection with the Portal.
    iii. infringement of any third-party intellectual property rights.
    iv. any breach of the terms and conditions of this Terms of Use.
    v. any breach of applicable law and regulation.
    vi. any representation and warranties made in relation to the Services and vii. transactions (present and subsequent) between You and the Users.

    17. PRIVACY POLICY

    The Portal is committed to responsibly handling the information and data we collect through the Portal in compliance with our Privacy Policy. Please refer to our Privacy Policy. The data provided by the Users shall be kept with the administrator of the Portal and may be used subject to terms of Privacy Policy.

    18. OWNERSHIP OF INTELLECTUAL PROPERTY

    The Portal and all the rights including but not limited to intellectual property rights subsisting under or in relation to the Portal are owned by the firm and its affiliates, subsidiaries, licensors, Users as the case may be. The Portal respects copyright, and we prohibit Users from using the Content for professional gain, commercial purposes or using such content on social media without prior written permission of Clement.

    If You believe that the Portal contains elements that infringe Your intellectual property rights in Your work, please notify us immediately. If we receive intellectual property right infringement claim notification, and it is felt appropriate, we may remove all such content which is indicated as infringing and/or take any other appropriate action at our discretion. If You believe that material or Services infringes a copyright, You may notify us at support@clementadvisory.in with the details.

    All materials on this Portal, including but not limited to audio, images, software, text, icons and such like (the “Portal Content”), are protected by copyright under the copyright laws. You cannot use the Portal Content, except as specified herein. Users are not allowed to use the Portal Content for any purpose other than specifically permitted herein. In case of violation of copyright laws, You shall be liable under Section 51 of Copyright Act, 1957 or any other such regulations from time to time.

    Clement is the trademark solely owned by Clement Advisory Private Limited. There may be proprietary logos, service marks and trademarks whether registered or unregistered found on the Website whether owned/used by Us or otherwise. By displaying them on the Website, we are not granting You any license to utilize those proprietary logos, service marks, or trademarks. Any unauthorized use of the Website Content may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statutes.

    19. TERMINATION

    If You wish to terminate this Agreement, You may immediately stop accessing or using this Portal without any refund of the Service fees. Your right to access and use the Portal terminates automatically upon Your material breach of any of the terms of these Terms of Use. Portal reserves the right tomodify or discontinue Your Account at any time for any material breach of the obligations under these Terms of Use.

    Survival: The disclaimer of warranties, the limitation of liability, indemnity and the jurisdiction and applicable law provisions shall survive any termination.

    20. MISCELLANEOUS

    Choice of Law and Jurisdiction: These Terms of Use are governed by and construed according to the laws of India, the acceptance of the Terms of Use shall be deemed to have been given at Thane and the courts in Thane, Maharashtra shall have exclusive jurisdiction to entertain any proceedings in any way relating to or concerning these Terms of Use or any rights, duties, obligations or liabilities arising there under to the exclusion of all other courts in India.

    Force Majeure: Without limiting the foregoing, under no circumstances shall the Portal be held liable for any damage or loss due to deficiency in performance of Services resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, internet failures, computer equipment failures, telecommunication equipment failures, software failures, machinery breakdown, strike, or due to government regulations, epidemic, floods, storms, electrical failure, civil disturbances, riots and any other reason beyond reasonable control of the Portal.

    No waiver: The Portal’s failure to insist on or enforce strict performance of any of the terms of these Terms of Use shall not be construed as a waiver of any provision or right.

    Severability: If any part of these Terms of Use is held to be invalid or unenforceable by any law or regulation or final determination of a competent court or tribunal, that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.

    No agency relationship: You agree that no joint venture, employment, or agency relationship exists between You and the Portal as a result of these Terms of Use or from Your use of the Portal or listing.

    Entire Agreement: These Terms of Use and Privacy Policy constitute the entire agreement between You and the Portal and supersede any and all prior communications and/or agreements between You and the Portal relating to this subject matter.

    I AGREE