Terms & Conditions

1. Introduction & Acceptance

These Terms & Conditions (“Agreement”) govern your access to and use of the website, platform, and services operated by SMARTCLAIMX INDIA LLP (“Company”, “We”, “Us”, or “Our”).

By accessing, browsing, registering, or using our platform ("Website"), you confirm that:

• You have read and understood this Agreement
• You agree to be legally bound by these Terms
• You are competent to enter into a binding contract under applicable Indian laws

If you do not agree, you must immediately discontinue use of the Website.

2. Nature of Services

SMARTCLAIMX INDIA LLP provides a digital platform that:

• Assists policyholders in resolving insurance-related grievances
• Facilitates interaction between users and professional service providers
• Supports claim-related documentation, escalation, and advisory services

The Company acts as a facilitator and support service provider and does not guarantee claim approval or outcome.

3. Eligibility

To use our services:

• You must be at least 18 years of age
• You must provide accurate and complete information
• You must not violate any applicable law

The Company reserves the right to suspend or terminate access if eligibility conditions are not met.

4. User Account & Responsibilities

4.1 Account Creation

To access certain services, you may be required to create an account by providing:

• Name, contact details
• Policy and claim-related information

4.2 User Obligations

You agree to:

• Maintain confidentiality of login credentials
• Provide truthful and updated information
• Use the platform only for lawful purposes

You are solely responsible for all activities under your account.

5. Permitted Use & Restrictions

You shall NOT:

• Copy, distribute, or reproduce website content without permission
• Misuse data, contact details, or platform features
• Attempt unauthorized access or disrupt system operations
• Use automated tools (bots/scrapers) without authorization

Violation may result in immediate suspension and legal action.

6. Fees, Payments & Commercial Terms

• Registration may be free unless otherwise specified
• Professional/service fees may apply based on services availed
• "No Win, No Fee" or success-based models shall be governed by separate agreements
• All payments, where applicable, must comply with agreed terms

7. Intellectual Property Rights

All content including text, design, graphics, logos, and software are owned by or licensed to SMARTCLAIMX INDIA LLP.

You are granted a limited, non-transferable license for personal use only.

Unauthorized use may result in legal action.

8. Privacy & Data Protection

Your use of the Website is subject to our Privacy Policy.

By using our services, you consent to collection and processing of your data in accordance with applicable laws.

9. Limitation of Liability

To the maximum extent permitted by law:

• The Company shall not be liable for indirect, incidental, or consequential damages
• We do not guarantee claim success or timelines
• Maximum liability shall not exceed INR 5,000

Use of the platform is at your own risk.

10. Service Disclaimers

• Services are provided on a best-effort basis
• Outcomes depend on insurers, regulators, and case facts
• We do not warrant uninterrupted or error-free service

11. Force Majeure

The Company shall not be liable for delays or failure due to events beyond reasonable control, including:

• Natural disasters
• Government actions
• System failures
• War, strikes, or disruptions

12. Termination

12.1 By Company

We may suspend or terminate access:

• For breach of Terms
• For misuse of platform
• For legal or operational reasons

12.2 By User

You may terminate your account at any time.

12.3 Effect of Termination

• Access rights cease immediately
• Data may be retained for legal purposes
• No compensation shall be payable post termination

13. Indemnity

You agree to indemnify and hold harmless SMARTCLAIMX INDIA LLP, its directors, employees, and partners against:

• Claims arising from misuse of services
• Violation of laws or third-party rights
• Breach of this Agreement

14. Governing Law and Dispute Resolution

This Agreement shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law principles.

If any dispute, controversy, or claim arises out of or in connection with this Agreement, including its performance, validity, or enforceability (a "Dispute"), the Parties shall follow the procedure set out below:

(i) Either Party shall give written notice to the other Party of the Dispute, providing details of its nature and full particulars ("Dispute Notice"), along with relevant supporting documents. Upon receipt of the Dispute Notice, the Parties shall attempt to resolve the Dispute amicably and in good faith.

(ii) If the Parties are unable to resolve the Dispute within thirty (30) days from the date of receipt of the Dispute Notice, the Dispute shall be referred to and finally resolved by arbitration conducted by a sole arbitrator, in accordance with the provisions of the Arbitration and Conciliation Act, 1996. The seat and venue of arbitration shall be Ahmedabad, Gujarat, and the language of arbitration shall be English. In the event that the Parties fail to mutually agree upon the appointment of the sole arbitrator within thirty (30) days from the date of a request by one Party to the other, the arbitrator shall be appointed, upon request of either Party, by the Hon'ble High Court of Gujarat or any person or institution designated by it, in accordance with Section 11(5) of the Arbitration and Conciliation Act, 1996.

(iii) Subject to the above, the courts at Ahmedabad, Gujarat shall have exclusive jurisdiction over all matters arising out of or in connection with this Agreement, and the Parties hereby irrevocably submit to the jurisdiction of such courts.

15. Third-Party Links

The Website may contain links to third-party platforms.

We are not responsible for their content, policies, or practices.

16. Modification of Terms

The Company reserves the right to update these Terms at any time.

Continued use of the Website constitutes acceptance of revised Terms.

17. Communication & Notices

You agree to receive communications via:

• Email
• SMS
• Platform notifications

Official notices may be published on the Website.

18. Additional Clauses

18.1 No Professional Guarantee

The Company does not guarantee legal, financial, or claim outcomes.

18.2 User Conduct Compliance

Users must ensure ethical conduct and refrain from abusive, fraudulent, or misleading behavior.

18.3 Record Retention

The Company may retain records for compliance, audit, and dispute resolution.

18.4 Testimonials & Feedback Usage

The Company reserves the right to use user feedback, testimonials, and success stories for marketing and awareness purposes.

19. Entire Agreement

This Agreement, along with the Privacy Policy, constitutes the entire understanding between you and the Company.

Acknowledgement

By using this Website, you confirm that you have read, understood, and agreed to these Terms & Conditions.