Terms & Conditions
Fairvalue Insuretech Private Limited · www.thepolicyexchange.com
These terms and conditions of use (“Terms of Use” or “Terms”) of the Website (as defined below) between Fairvalue Insuretech Private Limited, a private limited company incorporated under the provisions of Companies Act, 2013 (Act No. 18 of 2013) with corporate identification number (CIN) U72900HR2022PTC105640, and having its registered office at 701, Tower 5, Vipul Greens, Sohna Road, Gurgaon 122 018 (hereinafter referred to as “Fairvalue” which includes the person(s)/entity(ies) associated/connected with it) and users registering itself/himself on the Website or otherwise using the same (“You” or “Your” or “Yourself” or “User”) describe the terms on which Fairvalue offers You access to the Website and the Services (as defined below) through the Website.
Please read the Terms of Use carefully before using or registering on the Website or accessing any material, information or Services through the Website. Accessing, browsing or otherwise using the Website constitutes Your agreement and acceptance to all the terms and conditions under these Terms of Use, Additional Terms and all Fairvalue Policies (including but not limited to the Privacy Policy and/or Cookie Policy available at https://thepolicyexchange.com/ as amended from time to time). Be sure to return to this page periodically to review the most current version of the Terms of Use.
If You do not agree to these Terms, You agree that Your sole and exclusive remedy is to discontinue using the Website. Your compliance with these Terms is a condition to Your right to access the Website. Your breach of any provision of these Terms will automatically, without the requirement of notice or other action, revoke and terminate Your right to access the Website.
General
https://thepolicyexchange.com/ (“Website”) is an internet-based / online platform accessible at the policyexchange.com owned and licensed to and operated by Fairvalue to provide technology-enabled facilitation Services (more explicitly defined below). Use of the Website is offered to You subject to Your acceptance of all the Terms of Use, conditions and notices contained in these Terms along with any amendments made by Fairvalue at its sole discretion and posted on the Website, including by way of imposing an additional charge for access to or use of a Service.
You agree that Fairvalue may, at any time, modify or discontinue all or part of the Website or the services thereunder. Fairvalue shall not be required to notify You, whether as a registered user or otherwise, of any changes made to the Website or the Services thereunder.
Fairvalue may require You to provide Your consent to the Terms of Use in a specified manner prior to any further use of the Website and the Services provided on the Website. If no such separate consent is sought, Your continued use or access of the Website constitutes Your acceptance of the updated or modified Terms of Use.
Services
The Website is an internet based online platform/portal to provide technology-enabled facilitation services for,
a) strengthening value proposition of financial products including but not limited to, providing documentation support, process coordination facilitation services to life insurance policyholders; and/or
b) providing support to the life insurance policyholders to prevent losses arising out of policy lapses; and/or
c) assisting policyholders in completion of documentation and process fulfillment as and when financial assistance options are undertaken by the policyholders.
(collectively referred to as “Services”)
You agree and acknowledge that Fairvalue is merely facilitating and providing support towards opportunities availed by You in financial products including pre-owned policies to optimize the value proposition in the financial products of the Users, and is not facilitating borrowing or lending, nor providing or arranging any credit enhancement or credit guarantee, nor acting as an investment platform/application or advisor, in any manner whatsoever.
Fairvalue does not guarantee the outcome of the opportunities availed by the Users with respect to their financial products including pre-owned life insurance policies. The issuer of the financial product may decline to act upon the decision taken at Your end to deal with Your Financial Product, as per its sole discretion, in accordance with the applicable laws. The taxation (benefits & income tax incidence, Goods and Services Tax, etc.) with respect to the financial product including a policy, is a matter of government laws and policies, which may vary from time to time.Fairvalue does not have any say and is not in any way connected with or can control the decision of the Issuer of the financial product in that regard.
You also agree that payment processed successfully through the payment gateway will not be refunded.
The service charges paid by You for availing the Services are not refundable and are not eligible for any chargeback.
You hereby agree and expressly allow Fairvalue to seek details of the financial product from the issuer of the financial product including but not limited, Your policy details from the Insurer for the purpose of facilitating provision of Services.
The details fetched by Fairvalue from the issuer of a financial product does not tantamount to any breach of Your privacy or an unauthorized attempt to pull out Your personal and policy information from the issuer of the financial product (for e.g. Insurer).
Eligibility to Use
Any individual, company including a body corporate, LLP (limited liability partnership), partnership firm, HUF (Hindu Undivided Family), trust who is capable/competent to form a binding contract under the laws of India can register on the Website.
The Services are not available to minors under the age of eighteen (18) or to any Users suspended or removed from Fairvalue system by Fairvalue for any reason whatsoever. If You do not conform to the above qualification, You shall not be permitted to avail of the Services or use the Website. Notwithstanding the foregoing, if You are below the age of eighteen (18) years (“Child”), You may avail the Services provided by Fairvalue through Your parent or legal guardian (“Guardian”), who shall be liable to provide verifiable consent to Fairvalue, in the manner prescribed under the Digital Personal Data Protection Act, 2023 and rules made thereunder, prior to any processing of the Child's personal data. By providing consent on behalf of a Child, the Guardian represents and warrants that they are the lawful parent or guardian of such Child and are competent to provide such consent, and Fairvalue reserves the right to seek further information or undertake appropriate technical and organizational measures, including verification of the Guardian's identity and age through such means as may be prescribed, before enabling a Child's use of the Services. Fairvalue shall not process a Child's personal data in a manner likely to cause any detrimental effect on the well-being of the Child, and shall not undertake tracking, behavioral monitoring of the Child, or targeted advertising directed at the Child.
You acknowledge that Fairvalue reserves the right to refuse access to use the Services offered at the Website to new Users or to terminate access granted to existing Users at any time without according any reasons for doing so. You also acknowledge that Fairvalue is authorized to take and fill Your account details, available already with Fairvalue, into the various forms and tables on its Website for the ease of transaction and for the purpose of providing You the Services.
User Account, Password, and Security
You shall avail the Services made available by Fairvalue either by creating an Account (“Registered User”) or without an Account (“Free User”). However, You acknowledge that, being a Free User, You may not be able to enjoy all the Services as provided by Fairvalue.
In the event You wish to become a Registered User, You have to create an Account with Fairvalue by providing certain required User information (“User Account”) through Your personal mobile number including valid e-mail ID or any such other information as may be required for valid registration (collectively, the “Account Information”). The Services may also be subject to procedures for use of the Website, rules, additional terms of service, or other disclaimer & notices, if any (“Additional Terms”). If there is any conflict between the Terms of Use and the Additional Terms, the Additional Terms shall take precedence in relation to that service.
You acknowledge that You will be responsible for maintaining the confidentiality of the Account Information and are fully responsible for all activities that occur under Your User Account. You agree to (a) immediately notify Fairvalue of any unauthorized use of Your Account Information or any other breach of security, and (b) ensure that You exit from Your User Account at the end of each session. Fairvalue cannot and shall not be liable for any loss or damage arising from Your failure to comply with this Section. Further, You understand that You may be held liable for losses incurred by Fairvalue or any other user of or visitor to the Website due to authorized or unauthorized use of Your Account as a result of Your failure in keeping Your Account Information secure and confidential.
You shall ensure that the Account Information provided by You in the Website’s registration form is complete, accurate and up to date. Use of another user’s Account Information for availing the Services is expressly prohibited.
If You provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Fairvalue has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Fairvalue has the right to suspend or terminate Your User Account and refuse any and all current or future use of the Website (or any portion thereof).
In the event, the Website offers biometric login (fingerprint/face unlock), such authentication is processed entirely on Your device using the operating system's biometric APIs, and Fairvalue does not collect, store or transmit any biometric data. Fairvalue implements industry-standard security measures, including encryption of sensitive information in transit and at rest, in accordance with Our Privacy Policy.
You may delete Your Account at any time, either through the self-service account deletion option available on the Website (where available) or or by writing to us at info@thepolicyexchange.com; upon such request, Your Account Information shall be deleted in accordance with Our Privacy Policy.
Website Permissions and Data Practices
Browser Permissions: The Website may request access to certain browser-level permissions on Your device (such as camera or microphone access, location, or notifications) solely for the purpose of enabling specific features of the Services (for example, document capture during onboarding or KYC verification). Such permissions are sought only where strictly necessary for the relevant functionality. You may grant, deny, or revoke any such permission at any time through Your browser or device settings, provided that declining or revoking a permission may limit or disable Your access to the corresponding feature.
Cookies and On-Device Data: The Website may access and process certain data via cookies, local storage, and similar technologies, including device and browser information, IP address, network information, and usage and diagnostic data, strictly for the purposes of providing, securing, maintaining, and improving the Website and the Services. Such data is collected, stored, and processed in accordance with Our Privacy Policy and Cookie Policy.
Third-Party SDK, Script, and Data Collection: The Website may integrate certain third-party scripts, tags, plug-ins, or software development kits (SDKs), including for analytics, fraud detection, performance monitoring, and payment processing, which may independently collect and process device and usage-related information for the purposes of providing the Services. Fairvalue exercises reasonable diligence in selecting such third-party providers and requires them to process such data in accordance with applicable law, including the Digital Personal Data Protection Act, 2023 and rules made thereunder.
Notifications: The Website may send You notifications (including by email, SMS, or browser push notifications, where enabled) relating to Your Account, transaction or status of financial product updates, and other Service-related communications. You may disable non-essential notifications at any time through Your Account or notification preferences, without affecting the lawfulness of notifications sent prior to such change, provided that certain essential or transactional notifications necessary for the provision or security of the Services may continue notwithstanding such preference.
Session and Security Processes: The Website may run certain limited background processes, such as maintaining session security, auto-logout after periods of inactivity, or refreshing Account information, to ensure the functionality, performance, and security of the Services. Such activity is subject to Your browser and device settings, which You may control at any time.
By using the Website, You acknowledge and agree to the Website's access to and use of the above permissions, cookies/on-device data, third-party integrations, notifications, and session/security processes strictly for the purposes set out in this Section.
User Obligations
You agree to use the Website and Services only for lawful purposes. Further, You agree not to take any action that might compromise the security of the website or the Services, or render the Website or Services inaccessible to others or otherwise cause damage to the Website or Services.
You agree not to add to, subtract from, or otherwise modify the Website or to attempt to access any Services or to use the Website or the Services in any manner that might interfere with the rights of third parties.
The Website may provide Users with the ability to send email messages to other Users and non-users and to post messages on the Website. Fairvalue is under no obligation to review any messages, information or content ("Postings") posted on the Website by Users and assumes no responsibility or liability relating to any such Postings.
Notwithstanding the above, Fairvalue reserves the right to monitor the Postings on the Website and Your use of the Website as well as Your activities in availing the Services through the App. Fairvalue may decline and/or remove any email or Postings on the App.
During the use of the Website or Services offered on the Website, You shall not post, host, display, upload, modify, publish, transmit, update or share any information that:
i. Impersonates any person or entity, or falsely states or otherwise misrepresents Your affiliation with a person or entity;
ii. Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information, harmful, threatening, abusive, harassing, vulgar, hateful, racially, ethnically or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law or is defamatory, obscene, pornographic, paedopholic, invasive of another privacy including bodily privacy, insulting or harassing on the basis of gender, libelous, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws, through any bookmark, tag or keyword;
iii. Upload files, material, messages or any information in violation of the intellectual property rights of another person or any advertisements or solicitations of any kind or offer unauthorized downloads of any copyrighted or private information or infringes any patent, trademark, copyright or other proprietary rights;
iv. Upload files, material or any information in violation of any confidentiality agreement with respect to a third party or personal information such as messages which state phone numbers, account numbers, addresses, or employer references;
v. Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another’s computer;
vi. Engage in any activity that interferes with or disrupts access to the Website or the Services (or the servers and networks which are connected to the Website);
vii. Attempt to gain unauthorized access to any portion or feature of the Website, any other systems or networks connected to the Website, to any of Fairvalue’s server, or to any of the Services offered on or through the Website, by hacking, password mining or any other illegitimate means;
viii. Upload or post chain letters of any kind, identical (or substantially similar) messages to multiple recipients advertising any product or service, expressing a political or other similar message, or any other type of unsolicited commercial message or any material or information which is harmful to Child;
ix. Probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Website, or any other customer of Fairvalue, including any Fairvalue Account not owned by You, to its source, or exploit the Website or Service or information made available or offered by or through the Website, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the Website;
x. Disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems resources, accounts, passwords, servers or networks connected to or accessible through the Website or any affiliated or linked sites;
xi. Collect or store data about other users in connection with the prohibited conduct and activities set forth in this Section.
xii. Use the Website in any manner whatsoever for deceiving or misleading the addressee about the origin of the message or knowingly and intentionally communicate any information which is patently false or misleading in nature but may reasonably be perceived as a fact;
xiii. Use the Website or any material or Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Fairvalue or other third parties;
xiv. Upload information or Post which is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person. This prohibition includes but is not limited to:
a) Using Fairvalue to send messages to people who don't know You or who are unlikely to recognize You as a known contact;
b) Using Fairvalue to connect to people who don't know You and then sending unsolicited promotional messages to those direct connections without their permission; and
c) Sending messages to distribution lists, newsgroup aliases, or group aliases.
xv. Violate any code of conduct or other guidelines or applicable laws in India, which may be applicable for or to any Service; and
xvi. Violate the Terms of Use including but not limited to the Privacy Policy or Cookie Policy any applicable Additional Terms of the Website contained herein or elsewhere;
You agree to use the Services, Website and the materials provided therein only for purposes that are permitted by: (a) the Terms of Use; and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.
You should take all responsibility for Your own actions in utilizing the Services and Fairvalue shall not be liable for any such action.
You are solely responsible for the content and information shared by You on the Website, specifically the content You post or upload including but not limited to, videos, photographs, images, comments, data, text, other material and information, and associated trademarks and copyrightable works. Fairvalue does not endorse and has no or limited control over such contents. Content is not necessarily reviewed by Fairvalue prior to posting and does not necessarily reflect the opinions or policies of Fairvalue. Fairvalue makes no warranties, express or implied, as to such contents or to the accuracy, integrity and reliability of such contents or any material or information that You transmit to other Users.
You agree to strictly adhere to all limitations on dissemination, use and reproduction of any materials that You access on the Website in accordance with the Terms hereof.
You agree not to access (or attempt to access) the Website and the materials or Services by any means other than through the interface that is provided by Fairvalue. You shall not use any deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or Content (as defined below), or in any way reproduce or circumvent the navigational structure or presentation of the Website, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website.
You agree that You are solely responsible to Fairvalue and to any third party for any breach of Your obligations under this Terms of Use and for the consequences (including any loss or damage which Fairvalue or its affiliates may suffer) for any such breach.
Links
The Website or third parties may provide links to other World Wide Web sites or resources. Because Fairvalue has no control over such sites and resources, You acknowledge and agree that Fairvalue is not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for any content, advertising, products or other materials or available from such sites or resources. You further acknowledge and agree that Fairvalue shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such Website or resource.
Access to Password Protected/Secure Areas
Access to and use of password protected and/or secure areas of the Website is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Website may be subject to prosecution.
Use of Materials and Intellectual Property Rights
The Website and the processes, and their selection and arrangement, including but not limited to all text, design, layout, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code (collectively, the “Content”) on the Website is owned by, licensed to and controlled by Fairvalue and the design, structure, selection, coordination, expression, look and feel and arrangement of such Content is protected by copyright, trademark and various other intellectual property rights. Any software that is available on the Website is the property of Fairvalue, which is licensed to Fairvalue or of third-party owner of such software (as shall be applicable). You may not use, download or install any software available at the Website, unless otherwise expressly permitted by these Terms of Use or by the express written permission of Fairvalue.
The trademarks, logos and service marks displayed on the Website (“Marks”) are the property of Fairvalue, licensed to Fairvalue. You shall not use the Marks, in any manner whatsoever for any purpose including but not limited to use as metatags on other pages or sites on the World Wide Web or applications or otherwise, without the written permission of Fairvalue.
Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, You understand and agree that Fairvalue (which is licensed to Fairvalue) owns all intellectual property rights to and into the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, designs, know-how, trade secrets and inventions (patent pending), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks.
Except as expressly provided herein, You acknowledge and agree that You shall not use, in any manner whatsoever, any Content through any medium without obtaining the necessary authorization from Fairvalue or thirty party owner of such Content. You agree that by use of the Website or by availing the Services You shall not obtain any right or interest on the materials and Content.
You also acknowledge that any violation of the intellectual property rights of Fairvalue may expose You to legal proceedings in this regard.
Except as expressly indicated to the contrary in any applicable Additional Terms, Fairvalue hereby grants You a non-exclusive, freely revocable (upon notice from Fairvalue), non-transferable access to view, download and print the contents or any other materials available on the Website, subject to the following conditions:
a) You may access and use the materials solely for personal, informational, and internal purposes, in accordance with the Terms of Use; and
b) You shall not modify or alter any Content or any other materials available on the Website.
Modification in Terms
Fairvalue always reserves the right to discontinue or modify any of the Terms of Use as may be deemed necessary or desirable without prior notification to you. Such changes may include, among other things, the adding of certain fees or charges. The revised Terms of Use shall be made available on the Website. If We make changes to Our Terms of Use and You continue to use Our Site, You are impliedly agreeing to the Terms of Use and Privacy Policy and Cookie Policy expressed herein. Any such deletions or modifications shall be effective immediately upon Fairvalue’s posting thereof. Any use of Website by User after such posting shall be deemed to constitute acceptance by the User of such modifications.
Your use of the Website and the Services is subject to the most current version of the Terms of Use made available on the Website at the time of such use. You are requested to regularly visit the Website view the most current Terms of Use. You can determine when Fairvalue last modified the Terms of Use by referring to the “Last Updated” legend herein. It shall be Your responsibility to check these Terms of Use periodically for changes.
Third Party Content
The Website makes available general third-party information such as, product and service catalogues, advertisements including videos, images and photographs of various products and/or services and other data from external third-party sources including web-site links (“Third Party Content”). The provision of Third-Party Content is for general informational or advertisement purposes only. You acknowledge that the Third-Party Content provided to You is obtained from sources believed to be reliable. Fairvalue does not provide any guarantee with respect to any Third-Party Content and Fairvalue shall not be held liable for any loss suffered by You based on Your reliance on or use of such data.
Disclaimer of Warranties & Liability
You expressly understand and agree that, to the maximum extent permitted under applicable laws:
i. the Website, Services, Content and other materials are provided by Fairvalue on an “as is” basis without warranty of any kind, express, implied, statutory or otherwise, including the implied warranties of accuracy, reliability or fitness for a particular purpose.
ii. without limiting the foregoing, Fairvalue makes no warranty that (a) the Website or the Services will meet Your requirements or Your use of the Website or the Services will be uninterrupted, timely, secure or error-free; (ii) the results that may be obtained from the use of the Website, Services or materials will be effective, accurate or reliable; (iii) the quality of the Website, Services or other materials will meet Your expectations; or that (iv) any errors or defects in the Website, Services or other materials will be corrected. No advice or information, whether oral or written, obtained by You from Fairvalue or through or from use of the Services shall create any warranty not expressly stated in the Terms of Use.
iii. the information and data provided on the Website is generic in nature. Fairvalue’s efforts are to offer unbiased, accurate and responsible data to the best of its ability. Fairvalue is however, in no manner or form responsible for any discrepancies in the data published on the Website. Employees, partners and associated staff of Fairvalue are not accountable for any loss, harm or damage that occurs or may occur or arise from the usage of information from the Website. You are advised to use your own discretion in such matters.
iv. it is Your responsibility to understand the limitations of insurance policies and the risks involved, and under no circumstance, form or manner, does Fairvalue takes any liability in such cases. Fairvalue also recommends You to please read the insurance policy that you wish to get assigned in your favour.
v. Fairvalue also disclaims all liability with respect to the misuse, loss, modification or unavailability of any User content.
vi. upon registering on the Website, You are responsible for maintaining the confidentiality of Your User Account or Account Information in connection with the Website (identification and password information), and for restricting access to Your computer. You agree to accept responsibility for all activities that occur under Your member identification and password and Fairvalue will not be liable for any loss that You may incur as a consequence of unauthorized use of Your User Account or Account Information in connection with the Website or any Services or materials, either with or without Your knowledge.
vii. Fairvalue has endeavored to ensure that all the information on the Website is correct, but Fairvalue neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information or service.
viii. Fairvalue shall not be held responsible for non-availability of the Website during periodic maintenance operations or any unplanned suspension of access to the Website that may occur due to technical reasons or for any reason beyond Fairvalue’s control.
ix. the advertisement available on Website or sent through e-mail to You with respect to the third-party website or the products and services are for information purpose only. Fairvalue shall not be liable for such third-party products or service or content.
x. You shall be solely responsible for the authenticity of the document uploaded here. Fairvalue is acting only as a facilitator and any decision with respect to the financial product is at a sole discretion of the issuer of the financial product.
Users of this Website and every third party is hereby informed that the owner of this Website is Fairvalue, and that Fairvalue is not the agent, corporate agent, related party or intermediary of any insurer. Fairvalue is not the sub-agent or sub-intermediary of the agent and intermediary of the respective insurers. Though endeavor is made by Fairvalue to facilitate the outcome of the solutions with respect to the financial products, it is made abundantly clear that Fairvalue, its directors, shareholders, officers and employees and Fairvalue is in no way responsible to or liable for any one for Your decision, and every User or any other person dealing through the Website, shall be solely responsible for the consequences of his/her decisions, acts and omissions.
Disclaimer of Online Availability, Impressions, And Click-Throughs
In addition to the other disclaimers and limitations discussed in this notice, there are no guarantees and no warranties regarding online availability, impressions, and click-through of www.thepolicyexchange.com, its web pages, and any material, information, links, or content presented on the web pages at www.thepolicyexchange.com. www.thepolicyexchange.com, its web pages, and any material, information, links, or content presented on the web pages at www.thepolicyexchange.com, may be unavailable for online access at anytime. Advertising sponsors and advertising, if any and if permitted, must be approved by Fairvalue before the posting of any advertising material, information, links, content, banners, and graphics on www.thepolicyexchange.com. Fairvalue reserves the right to accept or to reject any advertising sponsor or any advertising for any reason.
Indemnification and Limitation of Liability
You agree to indemnify, defend and hold harmless Fairvalue including but not limited to its affiliates, directors agents and employees from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Fairvalue that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by You pursuant to these Terms of Use including the Privacy Policy and/or Cookie Policy or any Additional Terms. Further, You agree to hold Fairvalue harmless against any claims made by any third party due to, or arising out of, or in connection with, Your use (including misuse) of the Website, any claim that Your material caused damage to a third party, Your violation of the Terms of Use including the Privacy Policy and/or Cookie Policy any Additional Terms, or Your violation of any rights of another.
Notwithstanding anything to the contrary, You expressly understand and agree that Fairvalue and its subsidiaries, affiliates, officers, employees, agents, partners and licensors shall not be liable to You or to any third party, for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Fairvalue has been advised of the possibility of such damages), resulting from use of the Website, content or any related Services. If, despite the limitation above, Fairvalue or its affiliates are found liable for any loss or damage which arises out of or in any way connected with any of the occurrences described above, then the liability of Fairvalue and/or its affiliates will in no event exceed, in the aggregate, the greater of (a) the service fees you paid to Fairvalue in connection with such transaction(s) on this Website, or (b) Rupees One Hundred only (INR 100). The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these Terms is found to have failed of its essential purpose. The limitations of liability provided in these Terms inure to the benefit of Fairvalue, its affiliates, and/or their respective service providers.
The limitations and exclusions in this section apply to the maximum extent permitted under applicable laws in India.
Violation of the Terms of Use
You agree that, without prejudice to any other right/remedy available to Fairvalue under law or otherwise, Fairvalue may, in its sole discretion and without prior notice, terminate Your access to the Website and block Your future access to the Website if Fairvalue determines that You have violated these Terms of Use including Privacy Policy and/or Cookie Policy or Additional Terms. You also agree that any violation by You of these Terms of Use including Privacy Policy and/or Cookie Policy or Additional Terms will constitute an unlawful and unfair business practice, and will cause irreparable harm to Fairvalue, for which monetary damages would be inadequate, and You consent to Fairvalue obtaining any injunctive or equitable relief that Fairvalue deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Fairvalue may have at law or in equity.
You agree that Fairvalue may, in its sole discretion, and without prior notice, terminate Your access to the Website, for cause, which includes (but is not limited to): (1) requests by law enforcement or other government agencies; (2) a request by You (self-initiated account deletions); (3) discontinuance or material modification of the Website or any service offered on or through the Website; (4) unexpected technical issues or problems; (5) on complaint received by any User on any violation of the terms hereunder and if Fairvalue is satisfied as to the breach or violation complained or (6) if You breach any of the provisions of the Terms of Use, the Privacy Policy and/or Cookie Policy or Additional Terms or any other terms, conditions, or policies that may be applicable to You from time to time (or have acted in a manner that clearly shows that You do not intend to, or are unable to, comply with the same). The decision of Fairvalue shall be final in all such matters.
Except as may be set forth in any Additional Terms applicable to a particular Service, termination of Your Account may include: (i) removal of access to all offerings within the Website or with respect to the Services; (ii) deletion of Your materials and Account Information, including Your personal information, log-in ID and password, and all related information, files and materials associated with or inside Your User Account (or any part thereof); and (iii) barring of further use of the Services.
If Fairvalue does take any legal action against You as a result of Your violation of these Terms of Use, Fairvalue will be entitled to recover from You, and You agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Fairvalue.
Termination
The Terms of Use will continue to apply until terminated by either You or Fairvalue as set forth below. If You want to terminate Your agreement with Fairvalue, You may do so by (i) not accessing/using the Website; or (ii) closing Your accounts for all of the Services that You use, where Fairvalue has made this option available to You.
Fairvalue may, at any time, with or without notice, terminate the Terms of Use (or portion thereof, such as any individual Additional Terms) if:
a) Fairvalue is required to do so by law (for example, where the provision of the Services to You is, or becomes, unlawful);
b) The provision of the Services to You by Fairvalue is, in Fairvalue’s opinion, no longer commercially viable; Fairvalue has elected to discontinue, with or without reason, access to the Website, the Services (or any part thereof); or
c) Fairvalue may also terminate or suspend all or a portion of Your User Account or access to the Services with or without reason.
You agree that all terminations shall be made at the sole discretion of Fairvalue and that Fairvalue shall not be liable to You or any third party for any termination of Your Account (and accompanying deletion of Your Account Information), or Your access to the Website and Services.
Governing Law and Dispute Resolution
These Terms of Use and all transactions entered on or through the Website and the relationship between You and Fairvalue shall be governed in accordance with the laws of India without reference to conflict of laws principles. Courts at New Delhi, India shall have the exclusive jurisdiction over the subject matter of these Terms of Use.
You agree that all claims, differences and disputes arising under or in connection with or in relation hereto the Website, the Terms of Use or any transactions entered into on or through the Website or the relationship between You and Fairvalue shall be referred to arbitration by a sole arbitrator to be appointed by the President of the Delhi International Arbitration Centre (DIAC), in accordance with its rules, and subject to the provisions of the Arbitration and Conciliation Act, 1996 as amended from time to time. The seat and venue of such Arbitration shall be New Delhi, India and language of Arbitration shall be English.
Nothing in this Clause shall prevent Fairvalue from seeking interim or emergency relief from a court of competent jurisdiction in Delhi, at any time, whether before, during, or after the arbitral proceedings, in accordance with the Arbitration and Conciliation Act, 1996.
The cost of arbitration, including the arbitrator's fees, administrative charges, and other incidental expenses, shall be borne equally by the parties.
Report Abuse
In the event You come across any abuse or violation of these Terms of Use including any Privacy Policy and/or Cookie Policy or Additional Terms or if You become aware of any objectionable content on the Website, please report to Fairvalue customer support at info@thepolicyexchange.com..
Privacy Policy and Cookie Policy
The User hereby consents, expresses and agrees that he/she has read and fully understands the Privacy Policy and Cookie Policy of Fairvalue in respect of the Website. You further consent that the terms and contents of such Privacy Policy and/or Cookie Policy are acceptable to You.
Compliance with Laws
Fairvalue endeavors to provide information under its control or possession, or assistance to any Government agency which is lawfully authorized to investigate or protect cybersecurity activities, for the purposes of verification of identity, or for the prevention, detection, investigation, or prosecution, of offences under any law for the time being in force, or for cyber security incidents as soon as possible, or as per the timelines specified in any government or regulatory order. Accordingly, Our Grievance officer is authorized to receive and acknowledge any order, notice or direction issued by the appropriate Government, any competent authority, or a court of competent jurisdiction. Fairvalue controls and operates this Website from its headquarters in Gurgaon, India and makes no representation that the materials on the Website are appropriate or available for use in other locations. If you use the Website from other locations, you are responsible for compliance with applicable local laws including but not limited to the export and import regulations of other countries. Unless otherwise explicitly stated, all marketing or promotional materials found on this Website are solely directed to individuals, companies or other entities located in India and comply with the laws prevailing for the time being in force in India.
Data Principal Rights and Grievance Redressal
In accordance with the Digital Personal Data Protection Act, 2023 and the rules made thereunder, You may exercise Your rights as a Data Principal, including the right to access information about, and to seek correction, completion, updating or erasure of, Your personal data, and the right to nominate an individual to exercise such rights on Your behalf in the event of Your death or incapacity, in the manner set out in Fairvalue's Privacy Policy. For any grievance relating to the processing of Your personal data or the exercise of these rights, You may write to Fairvalue's grievance contact at info@thepolicyexchange.com, and Fairvalue shall endeavor to redress such grievance within a period not exceeding 90 (Ninety) days from the date of its receipt or such period as may be prescribed under the Digital Personal Data Protection Act, 2023 and the rules made thereunder as amended from time to time. You shall exhaust this grievance redressal mechanism before approaching the Data Protection Board of India.
Policy on Pricing of Product(s)/Service(s)
Registering on Our Website is free for Users. Fairvalue does not charge any fee for browsing the Website, however since Fairvalue provides Services through its Website in relation to strengthening value proposition of financial products as explained under the definition of Services above, it charges the Users for the same and pricing of Services for each of the Users may differ from one to other. All prices are inclusive of applicable taxes and levies, if any. For detailed pricing of available opportunities please explore the ‘Opportunities’ tab of the Website.
Policy on Refund & Cancellation
Fairvalue facilitates provision of value enhancement opportunities for financial products including life insurance products through its Website and as such refunds and cancellations are not applicable. Availing of Services on the Website is Your independent decision and as such You can choose to withdraw any time before making payment. Your mere browsing of the Website, perusal of the Services listed, or showing interest in any of the Services listed on the Website does not create any contractual right/obligation whatsoever unless and until You make payment of the price mentioned on the Website. Further, we do not guarantee subsequent availability of an opportunity for a financial product for which payment of price is not completed.
Communications
Upon Your express consent by way of clicking on the check box provided by Fairvalue for this purpose, You expressly agree to receive communications (including promotional materials) by way of telephone calls, SMS, e-mails from Fairvalue relating to any Services provided through the Website. You may withdraw such consent at any time, by writing to Fairvalue at info@thepolicyexchange.com, and such withdrawal shall not affect the lawfulness of any communications sent to You or Services provided to You prior to withdrawal.
Electronic Communication
When You use the Website or send emails to Fairvalue, You are communicating with Fairvalue electronically. You consent to receive communications from Fairvalue electronically (including your email ID and WhatsApp). Fairvalue may communicate with You by email or by phone or usually available means of communication (including WhatsApp). You agree that all agreements, notices, disclosures and other communications that Fairvalue provides/sends to you electronically satisfy any legal requirement that such communications be in writing.
General Provisions
Headings are for reference purposes only and do not limit the scope or extent of such section.
Notice: All notices to Fairvalue shall be served by email or by general notification on the Website. Any notice provided to Fairvalue pursuant to the Terms of Use should be sent to Fairvalue’s customer support (info@thepolicyexchange.com).
Assignment: You cannot assign or otherwise transfer the Terms of Use, or any rights granted hereunder to any third party. Fairvalue’s rights under the Terms of Use including the Privacy Policy and/or Cookie Policy or Additional Terms are freely transferable by Fairvalue to any third parties without the requirement of seeking Your consent.
Severability: If, for any reason, a court of competent jurisdiction finds any provision of the Terms of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the Terms of Use shall continue in full force and effect
Waiver: Any failure by Fairvalue to enforce or exercise any provision of the Terms of Use, or any related right, or any breach by You or others of these Terms, shall not constitute a waiver by Fairvalue of that provision or right, nor will it waive Fairvalue’s right to act with respect to subsequent or similar breaches. Except as otherwise expressly provided in these Terms of Use, there shall be no third-party beneficiaries to these Terms of Use. Fairvalue does not guarantee, it will take action against all breaches of these Terms of Use.
Relationship: You shall NOT be deemed either directly or indirectly to be the employer, franchiser, contractor or principal of Fairvalue or of the associates, representatives, staff/employees of Fairvalue and these Terms has been executed expressly and solely on a principal-to-principal arrangement.
Entire Agreement: These Terms of Use constitute the entire agreement between You and Fairvalue and govern Your use of the Website, superseding any prior agreements between You and Fairvalue with respect to the Website.
Survival of Terms After Agreement Ends
Notwithstanding any other provisions of these Terms of Use, or any general legal principles to the contrary, any provision of these Terms of Use that imposes or contemplates continuing obligations on You will survive the expiration or termination of these Terms.
Contact Us
If You have any questions, complaints or comments about the Website and/or Services including the Privacy Policy and/or Cookie Policy and other policies or questions, then please contact Us with Our customer service team at info@thepolicyexchange.com.
Cookie Policy
Introduction
At Fairvalue Insuretech Private Limited, a private limited company incorporated under the provisions of Companies Act, 2013 (Act No. 18 of 2013) with corporate identification number (CIN) U72900HR2022PTC105640, and having its registered office at 701, Tower 5, Vipul Greens, Sohna Road, Gurgaon 122 018 (hereinafter referred to as “Fairvalue”, “We”, “Us”, or “Our”, which includes the person(s)/entity(ies) associated/connected with it), We use cookies and similar technologies to enhance Your experience on Our website, provide personalized services, and analyze how Our Website is used. This Cookie notice explains what cookies are, how We use them, and how You can manage Your cookie preferences. By using Our Website, You consent to the use of cookies as described in this notice, subject to Your ability to manage or disable them as outlined below.
1. What Are Cookies?
Cookies are small text files placed on your device (computer, smartphone, or tablet) when you visit a Website. They help websites remember your preferences, improve functionality, and collect information about how You interact with the Website. Other technologies, such as pixel tags, web beacons, and local storage, may also be used for similar purposes and are included in this notice when We refer to "cookies".
2. Cookies We Use
The following cookies are used on Our website:
a. Mandatory Cookies
These cookies are essential for the Website to function properly. These cookies make your browsing experience reliable and hassle-free, allowing You to use important website features securely, without collecting information for marketing purposes or tracking Your activity on other websites.
b. Optional Cookies
Optional cookies help us improve and personalize Your experience by understanding how You use Our Website and remembering your preferences. These cookies also enable Us to assess and enhance the overall performance of Our content and services. You can manage or disable these cookies through Your browser settings.
3. Changes to this document
Fairvalue reserves the right to revise this Cookie Notice from time to time as per Fairvalue’s needs or to abide by regulations, by posting notice of the amendment as appropriate. We encourage You to review this notice periodically.
4. Contact Us
If You have questions about Our use of cookies or this notice, please contact us at:
info@thepolicyexchange.com
For more information on how We handle Your personal data, please refer to Our Privacy Notice.