DISCLAIMER & TERMS GOVERNING USE
1. Acceptance of Terms & Modification
By accessing this Website or engaging the services of AVALANI Insurance Brokers Private Limited ( hereinafter referred as a “Company”), including through its employees or authorised Point of Sales Persons (POSPs), you acknowledge that you have read, understood, and agreed to be bound by these Terms in their entirety.
The Company hereby reserves the exclusive and absolute discretion to augment, amend, modify, suspend, or terminate, in whole or in part, any services currently offered or subsequently integrated into the Website, without the requirement of prior notice or liability to any Visitor or Customer. Any such modification, revision, or cancellation shall be deemed immediately effective and legally binding upon the User, and the introduction of any supplemental services shall be governed by the prevailing Terms and Conditions as restated or amended from time to time.
The notification of the availability of new services on the Website shall constitute constructive notice to the User, and continued utilization of the Website following such shall constitute deemed acceptance of the revised Terms.
2. Regulatory Status & Nature of Services
The Company operates strictly as a licensed Insurance Broker under the direct oversight of the Insurance Regulatory and Development Authority of India (IRDAI). It is critical for the User to understand that the Company’s role is that of a facilitator and an independent intermediary. Neither we act as an insurer nor we do underwrite insurance risks, and also do not assume any liability for the payment of claims or the issuance of policy contracts. Every insurance product mentioned on this platform is the subject matter of solicitation, meaning that the decision to procure coverage is a voluntary act performed by the User based on their independent assessment of risk and suitability. Furthermore, while the Company provides comparative data and premium illustrations to assist the User, the final contract of insurance exists solely between the User and the respective Insurance Company. All claim settlements, policy renewals, and underwriting decisions remain the exclusive prerogative of the Insurer, and the Company’s role is limited to the professional assistance allowed under the IRDAI (Insurance Brokers) Regulations.
3. Informational Nature of Website
The information, guidance, and content provided through this Facility are intended for general illustrative purposes only and must not be construed as an authoritative statement of law or professional advisory. Under the legal principle of Caveat Emptor, or “Buyer Beware,” the User assumes the primary responsibility for conducting independent due diligence before concluding any transaction. The Company exercises reasonable diligence to maintain the currency of the content, yet we do not warrant that the materials are immune to clerical errors, latent technical defects, or obsolescence. No information provided herein shall be considered a substitute for the official Policy Wordings issued by the Insurer. In the event of a discrepancy between the summary provided by the Broker and the formal contract provided by the Insurer, the latter shall prevail in all judicial proceedings. Users are explicitly cautioned against using this website for legal evidentiary purposes and are mandated to seek independent legal or tax counsel regarding the implications of their insurance portfolio
4. Limitation of Liability
In no event, notwithstanding any act, omission, or alleged negligence on the part of the Company, shall AVALANI Insurance Brokers Private Limited or its Directors be held liable for any category of damages whatsoever. This comprehensive limitation of liability encompasses consequential, incidental, remote, or punitive damages, as well as claims for pecuniary loss or intangible injury arising out of the performance or functional failure of this platform. This exclusion extends to damages resulting from system viruses, data loss, or business interruptions connected to the inability to utilize the Website’s links or the procurement of substitute services. The User agrees that the Company’s aggregate liability for all causes of action, whether predicated on Contract, Tort, or Strict Liability, shall be strictly limited to the actual professional fee received by the Company for the specific transaction giving rise to the claim. This clause is intended to act as an absolute bar to speculative litigation and ensures that the Company is not held responsible for systemic failures or the insolvency of an insurance carrier. Nothing contained herein shall exclude liability that cannot be lawfully excluded under applicable Indian law.
5. Indemnification
The User hereby enters into a solemn covenant to indemnify, defend, and hold harmless the Company and its Indemnified Parties from and against any and all third-party actions, suits, or liabilities. This indemnity applies to all matters arising from the User’s misuse of the Site, the breach of this User Agreement, or the submission of fraudulent or inaccurate medical and financial data. This obligation is an independent and primary covenant that shall survive the termination, expiration, or rescission of the relationship between the parties. If the Company is required to defend itself in any forum due to the User’s actions, the User shall be responsible for all associated costs, including reasonable attorney’s fees on a full-indemnity basis. This protection is vital for the Broker, especially regarding the conduct of its Point of Sales Persons (POSP), where the User must confirm that they have not relied on any unauthorized promises or misrepresentations made outside the scope of the official product literature.
6. “As Is” Disclaimer
Notwithstanding any statutory provisions to the contrary, but only to the extent permitted thereby, the materials, information, and services on this website are provided “AS IS” and without warranties of any kind, either expressed or implied. AVALANI and its subsidiaries and affiliates disclaim all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.
AVALANI does not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that this website or the server that makes it available are free of viruses or other harmful components.
7. User Credentials & Electronic Instructions
The issuance of unique Customer Identifiers, including but not limited to User IDs, alphanumeric passwords, and biometric access keys (collectively referred to as “Credentials”), establishes a private and secure gateway between the User and the Company’s digital ecosystem. The User acknowledges and warrants that they shall maintain the sole and exclusive ownership of these Credentials. Under the legal framework of Section 10A of the Information Technology Act, 2000, the User assumes an absolute, non-delegable responsibility for the maintenance of confidentiality and the rigorous protection of such security parameters. Any electronic instruction, policy purchase, or data modification authenticated through the input of valid Credentials including those facilitated via Two-Factor Authentication (2FA) or One-Time Passwords (OTP) shall be deemed an authorized mandate issued directly by the User.
The Company shall be held entirely exculpated from any liability arising out of unauthorized access or fraudulent transactions resulting from the User’s failure to implement reasonable security measures. This includes instances of “phishing,” “vishing,” or the negligent memorialization of passwords in retrievable physical or electronic formats. Furthermore, the User enters into a binding covenant to immediately notify the Company’s Technical Support Wing upon the discovery of any breach of security or unauthorized utilization of their account. However, such notification shall not retroactively invalidate any transactions concluded prior to the formal “Block” or “Lock” instruction being executed by the Company’s system administrators. The Company reserves the unilateral right to suspend or terminate account access where it suspects a compromise of credential integrity, and such suspension shall not be construed as a deficiency in service.
8. Third Party Website Disclaimer
This Website may contain hypertext links or electronic pointers to external platforms, data, and resources curated and maintained by third-party entities, including but not limited to insurance underwriters and governmental bodies. These links are provided as a facilitative convenience and do not constitute an endorsement, sponsorship, or approval by AVALANI Insurance Brokers Private Limited of the content therein.
Upon electing to access an external URL, the User acknowledges they are exiting the Company’s controlled digital environment. Consequently, the User becomes subject to the autonomous privacy protocols, security frameworks, and terms of use of the external sponsor. The Company assumes no responsibility for the persistent availability, veracity, or security of such external sites, and any interaction with third-party pointers is conducted at the User’s sole discretion and risk
9. Duty of Disclosure & Accuracy of Information
The User, acting in the capacity of a Proposer, hereby provides a solemn warranty that all data, representations, and declarations submitted to the Company whether through digital interfaces, in-house personnel, or Point of Sales Persons (POSPs) are absolute, exhaustive, and veracious. This obligation of disclosure is not a singular event but a continuous legal mandate; consequently, the Proposer is under a strict affirmative duty to notify the Company in writing of any subsequent alterations in material facts, including but not limited to changes in health status, occupational hazards, or lifestyle habits, that occur during the interim period between the submission of the proposal and the formal communication of risk acceptance by the Insurer.
The Company maintains an absolute and unilateral right to suspend, terminate, or discontinue all facilitation services should it be discovered that the information provided is fraudulent, misleading, or fundamentally incomplete. The User acknowledges that under the governing statutes of the Insurance Act, any instance of misrepresentation, non-disclosure, or concealment of a material fact whether intentional or inadvertent may lead to the immediate voidance of the insurance contract, the forfeiture of premiums, and the total rejection of claim admissibility by the Insurer. In this regard, the Company’s role is strictly facilitative, and it shall not be held liable for any adverse underwriting decisions or claim repudiations resulting from the Proposer’s breach of this fundamental duty of transparency.
10. Medical & Regulatory Authorisation
By the act of submitting a proposal or utilizing the facilitation services of the Company, the User hereby grants an express, informed, and irrevocable authorization to AVALANI Insurance Brokers Private Limited, its directors, and its authorized representatives, including without limitation Third Party Administrators (TPAs) and investigative agencies, to act as the User’s lawful attorney-in-fact for the limited purpose of information procurement. This comprehensive mandate empowers the Company to seek, obtain, and review any and all relevant medical, financial, or underwriting data from a broad spectrum of primary sources. This includes the authority to requisition records from hospitals, specialized medical practitioners, diagnostic centres, and past or present employers regarding the physical or mental health status of the life to be insured. Furthermore, this authorization extends to the right to solicit historical insurance records from other insurers to whom applications for coverage may have been previously tendered, thereby ensuring a robust and transparent underwriting process.
In addition to the procurement of data, the User provides explicit consent for the Company to function as a data fiduciary for the purpose of sharing such sensitive personal information with insurance underwriters and relevant governmental or regulatory authorities. This includes, but is not limited to, the Insurance Regulatory and Development Authority of India (IRDAI), the Income Tax Department, and other statutory bodies. Such data sharing is strictly limited to the legitimate objectives of risk underwriting, regulatory compliance, anti-money laundering (PMLA) screening, and the efficient facilitation of future claim settlements. All such data processing, storage, and transmission activities shall be executed in strict adherence to the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011, and other applicable Indian statutes, ensuring that the User’s right to privacy is balanced against the legal necessity of material disclosure.
11. Data Protection and Privacy
The Company is committed to protecting the privacy and confidentiality of personal information provided by Users. Any personal information collected through this Website shall be processed in accordance with applicable Indian laws governing data protection and privacy, including the Information Technology Act, 2000 and the rules framed thereunder.
Users acknowledge that the Company may collect, store, and process personal data for the purposes of facilitating insurance services, underwriting processes, regulatory compliance, fraud prevention, and service improvement.
The Company shall implement reasonable security practices and procedures to safeguard such information from unauthorized access, disclosure, alteration, or destruction.
Further details regarding the collection, use, and storage of personal data shall be governed by the Company’s separate Privacy Policy
12. Force Majeure
The Company shall not be held exculpated or liable for any failure to perform its obligations where such failure results from circumstances beyond its reasonable control, including but not limited to: acts of God, cyber-warfare, systemic internet outages, government-mandated lockdowns, or insolvency of an insurance carrier.
13. Governing Law & Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of India. Any dispute arising in connection herewith shall be subject to the exclusive jurisdiction of the competent courts in the State of Gujarat