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