Disclaimer

1.  DEFINITION


In this document the following words and phrases have the meaning set opposite them unless the context indicates otherwise:
1.1 HDFC SL refers to HDFC Life Insurance Company Limited (Formerly HDFC Standard Life Insurance Company Limited), an Insurance Company incorporated under the Companies Act, 1956 and having its Registered Office at Ramon House, H T Parekh Marg, 169 Backbay Reclamation, Churchgate, Mumbai 400 020 and Corporate Office at HDFC Life Insurance Company Limited (Formerly HDFC Standard Life Insurance Company Limited), 2nd floor, Trade Star Building, "A" Wing, Junction of Kondivita and M.V. Road, Andheri Kurla Road, Andheri (East), Mumbai - 400 059, (which expression shall, unless it be repugnant to the context or meaning thereof, be deemed to mean and include its successors and assigns);

1.2 ACCOUNT refers to the CLIENT’s Group Unit Linked Insurance Policy and/ or any other type of Insurance Policy so designated by HDFC SL to be eligible account(s) for operation of the ONLINE SERVICES. The term ACCOUNT shall encompass all such policies issued by HDFC SL to either the employees of CLIENT or any other such entity in terms of the Group Unit Linked Plans offered by HDFC SL or the Gratuity or Superannuation Plans offered by HDFC SL The account(s) for which the ONLINE SERVICES is availed should be in the name of the CLIENT.

1.3 CLIENT refers to a Group Business customer of HDFC SL availing ‘MY ACCOUNT’ and such other similar services (hereinafter referred to as ONLINE SERVICES) that may be offered in future.

1.4 In the case of CLIENT being a Company, the Board of Directors, and in the case of an CLIENT being a Trust set-up in terms of the provisions of the Income Tax Act, 1961 (as amended from time to time) and the Rules framed thereunder, the Board of Trustees constituted in accordance with the provisions of the Trust Deed and Rules shall authorize specific person(s) (hereinafter referred to as USER and defined in the following paragraph) who will be allowed to have access to the ONLINE SERVICES and the said authorization by means of a Board Resolution, as the case may be, will be registered with HDFC SL. CLIENT INFORMATION refers to the information about the CLIENT obtained in connection with the ONLINE SERVICES. CLIENT ID means the user identification provided to the CLIENT by HDFC SL to enable access to its accounts with HDFC SL. CLIENT PASSWORD means the password, digital signatures or other means of authentication as HDFC SL may specify, from time to time, provided to/required to be provided by the CLIENT for accessing its accounts with HDFC SL, using which the CLIENT may authorize or authenticate the Transactions;

1.5 PERSONAL INFORMATION means the information provided by the CLIENT to HDFC SL in the application form for availing any of the ONLINE SERVICES, as may be provided by HDFC SL from time to time;

1.6 TRANSACTION means any transaction for switching the composition of the fund, addition / deletion of members, premium redirection or any other financial and monetary dealing or banking or other services now existing or being availed of or hereafter entered into or to be provided between/by HDFC SL and/to the CLIENT. HDFC SL may decide to permit other Transactions or to discontinue existing Transactions from time to time, which shall be communicated in such form or manner as HDFC SL may determine.

1.7 USER refers to a person authorized by the CLIENT who would be actually operating the ONLINE SERVICES as agent of the CLIENT. Any communication addressed to the USER by HDFC SL is deemed to have been addressed to the CLIENT. Similarly, any communication and/or action of the USER through the ONLINE SERVICES offered by HDFC SL will be legally binding on the CLIENT.

1.8 WEBSITE refers to www.hdfcinsurance.com, which is owned, operated and maintained by HDFC SL for inter-alia offering its ONLINE SERVICES to its CLIENT. The WEBSITE acts as a facilitator for transactions between HDFC SL and CLIENT and it shall not be deemed to provide automatic order matching facilities. The products and services offered through the WEBSITE may include, but not be limited to online transaction engines, analytical tools such as information, news, trackers, calculators and risk mitigators.

1.9 ‘MY ACCOUNT’ is the trade name of HDFC SL’s Group Online Policy Servicing initiative. The words ‘MY ACCOUNT’ or ONLINE SERVICES are used interchangeably in this document.
 

2.  INTERPRETATION


All references to singular include plural and vice versa and the word "includes" should be construed as "without limitation". All Transactions are entered into in reliance on the fact that the Online Terms and Conditions and all other terms and conditions specified are to be read together. In this document, all references to the CLIENT and/or USER being referred in masculine gender will also include the feminine gender.
 

3.  ‘MY ACCOUNT’

3.1 HDFC SL shall endeavor to provide to the Client through ‘MY ACCOUNT’, services such as enquiry about the details of the Client’s Account(s), , details about transactions etc. and such other facilities as HDFC SL may decide to provide from time to time. HDFC SL may also make additions/ deletions to the services offered through ‘MY ACCOUNT’ at its sole discretion. The availability/non availability of a particular service shall be advised through email, web page of HDFC SL or written communication.

3.2 The information provided to the Client through the ‘MY ACCOUNT’ portal is not updated continuously but at regular intervals. Consequently, any information supplied to the Client through ‘MY ACCOUNT’ portal will pertain to the date and time when it was last updated and not as the date and time when it is supplied to the Client. HDFC SL shall not be liable for any loss that the Client may suffer by relying on or acting on such information.

3.3 As part of the ‘MY ACCOUNT’, HDFC SL may provide the Client access to data / information / reports compiled / provided by a third party. HDFC SL does not give any representation or warranty as to the accuracy / veracity of such data / information / reports. Further, the Client shall not disseminate, publish or circulate such data / information/ report or any part thereof without the prior consent of HDFC SL (as the case may be) and the third party.

3.4 HDFC SL may keep its records of the transactions in any form it wishes. In any dispute, HDFC SL’s records shall be binding as the conclusive and best evidence of the transactions carried out through ‘MY ACCOUNT’ in the absence of clear proof that HDFC SL’s records are erroneous or incomplete.

3.5 Any request for any service, which is offered as a part of ‘MY ACCOUNT’, shall be binding on the Client as and when HDFC SL receives such a request. If any request for a service is such that it cannot be given effect to unless it is followed up by requisite documentation on part of the Client, HDFC SL shall not be required to act on the request until it receives such documentation from the Client.

3.6 HDFC SL shall take all reasonable care to, ensure the security of and to prevent unauthorized access to the ‘MY ACCOUNT’ Service using technology reasonably available to HDFC SL. The client shall ensure that ‘MY ACCOUNT’ or any related service is not used for any purpose which is illegal, or which is not authorized in terms of this agreement or which is improper.

3.7 ACCESSING ONLINE SERVICES - HDFC SL may offer ONLINE SERVICES to selected CLIENTS at its discretion. The CLIENT would need to be an Internet user or have legal access to the Internet and knowledge of how the Internet works. HDFC SL will advise from time to time the Internet software such as Browsers, which are required for accessing the ONLINE SERVICES. There will be no obligation on HDFC SL to support all the versions of the Internet software.
 

4.  NOTICES

HDFC SL and the CLIENT may give notices under these terms:
  1. Electronically to the mailbox of either Party.
  2. In writing by delivering them by hand or by sending them by post to the last address given by the CLIENT and in the case of HDFC SL to the below mentioned address.


          HDFC Life Insurance Company Limited (Formerly HDFC Standard Life Insurance Company Limited)
          Group Operations Department
          Trade Star,  Second Floor, A Wing
          Andheri – Kurla Road
          Andheri (East)
          Mumbai 400 059

In addition, HDFC SL may also publish notices of general nature on its WEBSITE, which are applicable to all CLIENTS. Such notices shall have the same effect as a notice served individually to each CLIENT.
 

5.  AUTHENTICATION PROCEDURE

5.1 The Client acknowledges, represents and warrants that the Client Password which will be issued to it, provides access to Client’s account and that Client is the sole and exclusive owner and is the only authorized user of the Client Password and accepts sole responsibility for use, confidentiality and protection of the Client Password, as well as for all orders and information changes entered into Client’s account using such Client Password. The Client grants express authority to HDFC SL for carrying out Transactions and instructions authenticated by the Client Password. HDFC SL would have the right to require the Customers to authorize use, operate or otherwise authorize, the Transactions by means of digital signatures or other means of authentication as HDFC SL may require and/or discontinue the usage of the Client Password.

5.2 The Client shall comply with such guidelines, instructions or terms as HDFC SL may prescribe from time to time with respect to the Client Password.

5.3 The CLIENT shall comply and confirm with the prescribed requirements for the purposes of due authentication.

5.4 The CLIENT agrees to confirm to the prescribed authentication technologies and security measures required for TRANSACTIONS and undertakes to take all reasonable steps to ensure that the CLIENT PASSWORD is not revealed to any third Party.

5.5 The USER would be allotted a User-Id and a secret CLIENT PASSWORD by HDFC SL in the first instance. The USER will be required to change the CLIENT PASSWORD assigned by HDFC SL on accessing the ONLINE SERVICES for the first time. As a safety measure the USER shall change the CLIENT PASSWORD as frequently thereafter as possible. In addition to User-Id and CLIENT PASSWORD HDFC SL may, at its discretion, advise the USER to adopt such other means of authentication including but not limited to digital certification and/ or smart cards.

5.6 The CLIENT is entirely responsible for the safekeeping and use of the CLIENT ID and CLIENT PASSWORD and where applicable, any damages and other consequences of their misuse.

5.7 The CLIENT must exercise due care to see that the confidentiality of the CLIENT PASSWORD and CLIENT ID is maintained. If third parties gain access to the services, including CLIENT’s accounts , CLIENT will be responsible and shall indemnify HDFC SL against any liability, costs or damages arising out of claims or suits by such third parties based upon or relating to such access and use.

5.8 HDFC SL has no obligation to verify the authenticity of any Transaction instruction sent or purported to have been sent from the CLIENT other than by means of verification of the CLIENT PASSWORD. The CLIENT accepts full responsibility for the monitoring and safeguarding of CLIENT’S accounts.

5.9 The CLIENT shall ensure that the USER shall not attempt to access the information and other details not pertaining to him stored in the computers of HDFC SL through any means. The CLIENT should also ensure that unauthorized persons are not allowed to access its ACCOUNT(S).

5.10 The CLIENT shall ensure that the USER shall not use the facilities provided as a part of the ONLINE SERVICES to attempt to access information stored in the computers of HDFC SL that pertains to accounts of a third party with HDFC SL or transactions between HDFC SL and any third party.

5.11 The CLIENT understands and agrees that the password is for the purpose of verifying the authenticity of the transactions undertaken by the CLIENT and shall have the same effect as the specimen signature of authorized signatory of the CLIENT and the CLIENT shall be bound by the transactions initiated by use of password.

5.12 HDFC SL shall advise the CLIENT that it must:
  1. Keep the CLIENT ID and CLIENT PASSWORD confidential and not reveal the CLIENT PASSWORD to any third party.
  2. Choose a CLIENT PASSWORD which shall be at least 6 characters and does not relate to any readily accessible personal data such as name, address, telephone number, etc. of the CLIENT or any other easy combination of letters and numbers;
  3. Commit the CLIENT ID and CLIENT PASSWORD to memory and not record them in written or electronic form
  4. Not let any unauthorized person have access to its computer and not to leave the computer unattended whilst accessing any product and/or service or the WEBSITE. If the CLIENT forgets or loses the CLIENT ID or CLIENT PASSWORD, the CLIENT can request for change of the CLIENT PASSWORD by sending a duly authorized written request or via authorized electronic mail to HDFC SL.
 

6.  INSTRUCTIONS, ETC. BY THE CLIENT

Any instruction, order, direction, request entered using Client’s password shall be deemed to be an instruction, order, directive, request received from the Client or its duly authorized representative or Client’s duly authorized designee’s. All instructions, requests, directives, orders, directions, entered by the Client, either electronically or otherwise, are based upon the Client’s decisions and are the sole responsibility of the Client. The Client understands that entering an instruction, direction, order, request with HDFC SL, either electronically or otherwise, does not guarantee execution of such instruction, direction, order or request. HDFC SL shall not be deemed to have received any instruction, direction, order, request electronically transmitted by the Client until it confirms the receipt of such instruction, direction, order, request.
 

7.  COMMUNICATIONS THROUGH ELECTRONIC MEANS

Documents sent by electronic delivery will contain all the information as it appears in the printed hard copy version as prepared and distributed by the originator, with the possible exception of graphic insertions such as photographs or logotypes. Electronic delivery may be in the form of an electronic mail, an attachment to the electronic mail, or in the form of an available download from the Website. HDFC SL would be deemed to have fulfilled its legal obligation to deliver to the Client any document if such document is sent via electronic means. Failure to advise HDFC SL of any difficulty in opening a document so delivered within twenty-four (24) hours after delivery shall serve as an affirmation regarding the acceptance of the document. Monitoring and Recording Telephone conversations and email For the protection of the concerned Parties, and as a tool to correct misunderstandings, the Client understands, agrees and authorizes HDFC SL’s discretion, and without further prior notice to the Client, to monitor and record any or all telephone conversations or electronic communications between the Client and HDFC SL and any of its employees or agents.
 

8.  CHARGES

HDFC SL may levy service charges for use of ‘MY ACCOUNT’, which will be notified by HDFC SL to the Client from time to time. Any change in such service charges will also be notified to the Client. The Client authorizes HDFC SL to recover all charges related to ‘MY ACCOUNT’ as determined by HDFC SL from time to time by debiting one of the Client’s Accounts.

HDFC SL may withdraw the ‘MY ACCOUNT’, if at any time the amount of the Account falls short of the required minimum as may be specified and/or if the service charges remain unpaid, without giving any further notice to the Client and/or without incurring any liability or responsibility whatsoever by reason of such withdrawal.
 

9.  AUTHORITY TO HDFC SL

Access to transactions in the Account(s) are permitted through ‘MY ACCOUNT’ by HDFC SL only after due authentication of the User by any means including ‘MY ACCOUNT’ User-Id and password. The Client grants express authority to HDFC SL for implementing the instructions given by the User. HDFC SL shall have no obligation to verify the authenticity of any transaction / instruction received or purported to have been received from the User and / or the Client through ‘MY ACCOUNT’ or purporting to have been sent by the Client via ‘MY ACCOUNT’ other than by means of verification of the Online Services User-Id and the password.

The display or printed output that is produced by the User at the time of operation of ‘MY ACCOUNT’ is a record of the operation of the Internet access and shall not be construed as HDFC SL’s record of the relative transactions. HDFC SL’s own records of transactions maintained through computer systems or otherwise shall be accepted as conclusive and binding for all purposes.
 

10.  ACCURACY OF INFORMATION

Client is responsible for the correctness of information supplied to HDFC SL through the use of ‘MY ACCOUNT’ or through any other means such as electronic mail or written communication. HDFC SL accepts no liability for the consequences arising out of erroneous information supplied by the Client or the User. If the Client suspects that there is an error in the information supplied to HDFC SL by him, he shall advise HDFC SL as soon as possible. HDFC SL will endeavor to correct the error wherever possible on a .best efforts basis.

If the Client notices an error in the account information supplied to him through ‘MY ACCOUNT’ or by the use of any of the Online Services, he shall advise HDFC SL as soon as possible. HDFC SL will endeavor to correct the error promptly.
 

11.  GOVERNING LAW AND JURISDICTION

The provisions of these Terms and Conditions shall be governed by, and construed in accordance with Indian law and the courts at Mumbai shall have the exclusive jurisdiction in respect of the subject matter hereof.

Any dispute, controversy or claims arising out of or relating to the ONLINE SERVICES or the breach, termination or invalidity of these Terms and Conditions, shall be settled by arbitration in accordance with the provisions of the Indian Arbitration and Conciliation Act, 1996.

In the event of a dispute between the CLIENT and HDFC SL with respect to any matter arising hereunder, an arbitrator shall be appointed by HDFC SL.

The place of arbitration shall be Mumbai and any award whether interim or final, shall be made, and shall be deemed for all purposes between the parties to be made, in Mumbai.

The arbitral procedure shall be conducted in English language and any award or awards shall be rendered in English. The procedural law of the arbitration shall be Indian law.

The award of the arbitrator shall be final and conclusive and binding upon the Parties, and the Parties shall be entitled (but not obliged) to enter judgement thereon in any one or more of the highest courts having jurisdiction. Neither Party shall seek to resist the enforcement of any award in India on the basis that award is not subject to such provisions.
 

12.  FOREIGN JURISDICTION

HDFC SL accepts no liability whatsoever, direct or indirect, for non-compliance with the laws of any country other than that of India. The mere fact that the WEBSITE can be accessed by a person in a country other than India would not mean that the laws of the said country would govern the ONLINE SERVICES and any matter related to hereunder.

The ONLINE SERVICES shall not be available to foreign residents where the ONLINE SERVICES cannot be offered without prior regulatory compliance. It shall be the sole responsibility of foreign residents to verify whether the ONLINE SERVICES can be legally accessed and/or utilised in their respective jurisdictions. The Services do not constitute an offer to sell or a solicitation of an offer to buy any Services to any person in any jurisdiction.
 

13.  PRIVACY POLICY

In the process of using this WEBSITE, HDFC SL may be privy to information relating to the CLIENT, including information that is of a confidential nature. HDFC SL is strongly committed to protecting the privacy of its CLIENT's and has taken steps to protect the information furnished to it. HDFC SL has taken all necessary measures to protect the confidentiality of the information and their transmission under the Service and - HDFC SL shall not be held liable for disclosure of the confidential information, unless gross negligence is established on the part of HDFC SL.

The CLIENT shall not disclose, in any manner whatsoever, any information relating to HDFC SL, of a confidential nature obtained in the course of availing the Services through the WEBSITE, to any other person. Failure to comply with this obligation shall be deemed a serious breach of these Terms and Conditions and shall entitle HDFC SL to terminate the Online Services without prejudice to any damages to which it may be entitled. HDFC SL undertakes not to disclose the information provided by the CLIENT to any person, unless acting under good faith that such action is necessary to:
  1. conform to legal requirements or comply with legal process;
  2. protect and defend HDFC SL rights or property;
  3. enforce the Terms and Conditions; or
  4. act to protect the interests of HDFC SL’s members or others.
HDFC SL may also use information including the Personal Information of the CLIENT, share the information with Affiliates and third parties for providing Online Services and any service-related activities such as collecting subscription fees for those Online Services, and notifying or contacting the CLIENT regarding any problem with, or the expiration of, such Online Services. In this regard, it may be necessary to disclose the Personal Information to one or more agents and contractors of HDFC SL and their sub-contractors, but such agents, contractors, and sub-contractors will be required to agree to use the information obtained from HDFC SL only for these purposes.

The CLIENT authorizes HDFC SL to exchange, share, part with all information related to the details and transaction history of the CLIENT to banks / financial institutions / credit bureaus / agencies/participation in any telecommunication or electronic clearing network as may be required by law or customary practice and shall not hold HDFC SL liable for use or disclosure of this information.

The CLIENT agrees that HDFC SL or its contractors may hold and process his Personal Information on computer or otherwise in connection with Online Services as well as for statistical analysis and credit scoring.
 

14.  RELATIONSHIP BETWEEN PARTIES

The Parties agree that no joint venture, partnership, employment, or agency relationship exists between them as a result of availing the ONLINE SERVICES or use of this WEBSITE. All TRANSACTIONS shall be entered into by the Parties as principals and HDFC SL and/or Affiliates shall have no fiduciary duty towards the CLIENT whatsoever notwithstanding that there may be an existing relationship between the Parties.
 

15.  REPRESENTATION BY THE CLIENT

The CLIENT represents to HDFC SL (which representations will be deemed to be repeated by the CLIENT on each date on which a Transaction is entered into) that:-
  1. The CLIENT has the power to perform its obligations hereunder and has taken all necessary action to authorize such execution, delivery and performance;
  2. It shall be the sole responsibility of the CLIENT to comply with all the internal approvals for entering into TRANSACTIONS as may be required.
  3. Such execution, delivery and performance does not violate or conflict with any law applicable to it and/or any regulatory requirements, any provision of its constitutional documents, any order or judgment of any court or other agency of government applicable to it or any of its assets or any contractual restriction binding on or affecting it or any of its assets;
  4. There is not pending or, to its knowledge, threatened against the CLIENT any action, suit or proceeding at law or in equity or before any court, tribunal, governmental body, agency or official or any arbitrator that is likely to affect the legality, validity or enforceability against it of these Terms and Conditions or its ability to perform its obligations; and
  5. All applicable information that is furnished in writing, by or on behalf of the CLIENT, to HDFC SL is, as of the date of the information, true, accurate and complete in every material respect. Provided that the CLIENT shall intimate HDFC SL of any change in any regulatory requirements, the effect of which may be to restrict or prohibit the CLIENT from executing any Transaction.
 

16.  TERMINATION EVENTS

This ONLINE SERVICE may be terminated by the CLIENT by giving at least one (1) month written notice and upon HDFC SL according its consent in writing to the same. The termination of the Service shall be without prejudice to the execution of all outstanding TRANSACTIONS entered into between the Parties.

HDFC SL reserves the right to interrupt, suspend or terminate, at any time, without specifying any reason, the access of the CLIENT to the Online Services offered hereunder and will make best efforts to give the CLIENT appropriate notice of the same without assigning any reason and without being liable for any loss/damage/cost of any nature whatsoever to the CLIENT

HDFC SL shall immediately on the CLIENT surrendering his policy terminate the CLIENT ID and the CLIENT PASSWORD.

The occurrence at any time with respect to a Party of any of the following events constitutes an event of default and the ONLINE SERVICES may be terminated forthwith:-
  1. Failure by the Party to comply with or perform any obligation under the Terms and Conditions specified hereunder and if such failure is not remedied on or before the thirtieth day after notice of such failure is given to the Party;
  2. A representation made or deemed to have been made by the Parties proves to have been incorrect or misleading in any material respect when made or deemed to have been made;
  3. The occurrence of an "Additional Termination Event"; viz.

    The CLIENT:-
    1. Having a resolution passed for its winding-up, official management or liquidation (other than pursuant to a consolidation, amalgamation or merger).
    2. Becoming insolvent or is unable to pay its debts or fails or admits in writing its inability generally to pay its debts as they become due.
    3. Making a general assignment, arrangement or composition with or for the benefit of its creditors.
    4. Instituting or has instituted against it a proceeding seeking a judgment of insolvency or bankruptcy or any other relief under any bankruptcy or insolvency law or other similar law affecting creditor's rights, or a petition is presented for its winding-up or liquidation, and, in the case of any such proceeding or petition instituted or presented against it, such proceedings or petition
    5. Results in a judgment of insolvency or bankruptcy or the entry of an order for relief or the making of an order for its winding-up or liquidation or is not dismissed, discharged, stayed or restrained in each case within 30 days of the institution or presentation thereof;
    6. Seeking or becomes subject to the appointment of an administrator, provisional liquidator, conservator, receiver, trustee, custodian or other similar official for it or in respect of all or substantially all its assets;
    7. Having a secured party take possession of all or substantially all its assets or has a distress, execution, attachment, sequestration or other legal process levied, enforced or sued on or against all or substantially all its assets and such secured party maintains possession, or any such process is not dismissed, discharged, stayed or restrained, in each case within 30 days thereafter;
    8. Causing or is subject to any event with respect to it which, under the applicable laws of any jurisdiction, has an analogous effect to any of the events specified in clauses (1) to (7) (inclusive); (8) taking any action in furtherance of, or indicating its consent to, approval of, or acquiescence in, any of the foregoing acts.
 

17.  LIMITATION OF LIABILITY

HDFC SL shall not be liable for any inaccuracy, error or delay in, or omission of,
  1. any data, information or message, or
  2. the transmission or delivery of any such data, information or message; or
  3. any loss or damage arising from or occasioned by
  4. any such inaccuracy, error, delay or omission,
  5. non-performance or
  6. interruption in any such data, information or message, or if access to the Accounts is not available in the desired manner due to force majeure. (e.g. flood, extraordinary weather condition, earthquake or other act of God, fire, war, insurrection, riot, labour dispute, accident, action of government, communications, power failure, equipment or software malfunction) or any other cause beyond the reasonable control of HDFC SL.
The CLIENT will immediately notify HDFC SL in writing, delivered via e-mail or registered post, if CLIENT becomes aware of any loss, theft or unauthorized use of CLIENT’s USER ID and PASSWORD; or any failure by CLIENT to receive a message from HDFC SL indicating that an order was received and executed; or any failure by CLIENT to receive an accurate written confirmation of an execution; or any receipt by CLIENT of confirmation of an order and/ or execution which CLIENT did not place; or any inaccurate information in CLIENT’s account summaries and statements, fund positions, or Transaction history. If CLIENT fails to notify HDFC SL immediately upon CLIENT’s knowledge when any of the above conditions occur, neither HDFC SL nor any of its officers, directors, employees, agents can or will have any responsibility or liability to CLIENT or to any other person whose claim may arise through the CLIENT for any claims with respect to the handling, mishandling or loss of any order. HDFC SL will upon notice, halt or take such steps as are necessary to protect the CLIENT’s interest and which steps are capable or permitted for HDFC SL to do or undertake. Prior to giving of the notice, any loss or damage shall be to the CLIENT’s account.

Under no circumstances, shall HDFC SL, its employees, directors, and its third party agents involved in creating, producing, delivering or managing the Services, be liable for any direct, indirect, incidental, special or consequential damages, or any damages whatsoever, including punitive or exemplary (including, but not limited to, damages caused by any virus, personal injury, negligence, loss of profits, loss of data or other intangible information, business interruption, loss of privacy, or any pecuniary loss), arising out of or in any way connected with the use/delivery/performance of the WEBSITE, the delay or inability to use the WEBSITE or any links or items on the WEBSITE, the provision of or any inadequacy or deficiency in the provision of services or resulting from unauthorized access or alteration of transmissions or data or arising from interruption, suspension or termination of the Services or for any loss arising from the failure by the CLIENT to comply with any installation instructions or any inability of HDFC SL to receive instructions, directions, orders or other communications from the CLIENT or to transmit any related message for any reason whatsoever, whether based on contract, tort, strict liability or otherwise.
 

18.  INTERRUPTION OF SERVICE

Where the Service provided herein is interrupted for any reason whatsoever, the CLIENT may contact HDFC SL. HDFC SL shall in no way be liable for the consequences of any interruption in the Service.
 

19.  RIGHT TO ALTER THE SERVICES AND TERMS AND CONDITIONS OF THE SERVICES

HDFC SL reserves the right to add, amend, revise, suspend or cancel in whole or in part any of the ONLINE SERVICES available through the WEBSITE, and will make best efforts to provide appropriate notice to the CLIENT. Any addition, suspension, revision, amendment, cancellation or suspension of the terms as notified on the WEBSITE may be made by HDFC SL, by causing a notice of the same to be posted on the WEBSITE and the CLIENT shall be deemed to have accepted the same in the event of its executing any transaction through the WEBSITE after the addition, suspension, revision, amendment, cancellation or suspension has been notified. HDFC SL may introduce new services in relation to the WEBSITE from time to time. The existence and availability of the new ONLINE SERVICES will be notified on the WEBSITE, as and when they become available.
 

20.  RESTRICTIONS ON USE

The CLIENT hereby agrees to use the WEBSITE strictly for its internal use and not for any illegal purpose or in any manner inconsistent with the Terms and Conditions. The CLIENT agrees not to use, transfer, distribute or dispose of any information contained in the WEBSITE in any manner that could compete with the business of HDFC SL or otherwise compromise or imperil the interests of HDFC SL . The CLIENT acknowledges that the WEBSITE has been developed, compiled, prepared, revised, selected and arranged by HDFC SL and others (including certain other information sources) through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort and money and constitutes valuable intellectual property and may also include trade secrets of HDFC SL and such others. The CLIENT agrees to protect the proprietary rights of HDFC SL and other parties during and after the term of the Online Services and to comply with all reasonable written requests made by HDFC SL or its suppliers of content, equipment or otherwise to protect their and others' contractual, statutory and common law rights in the WEBSITE. The CLIENT agrees to notify HDFC SL in writing promptly upon becoming aware of any unauthorized access or use of the WEBSITE by any party or of any claim that the WEBSITE infringes upon any copyright, trademark or other contractual, statutory or common law rights.

The CLIENT is allowed to download and retrieve data from the WEBSITE on its computer screen, print individual pages on paper, photocopy and store such pages in an electronic form on disk for its exclusive personal use only. The CLIENT further acknowledges that all the intellectual property in the WEBSITE and the Service provided continues to vest with HDFC SL.

The CLIENT shall not:
  1. reverse engineer, decompile, disassemble, copy, reproduce, distribute, modify, transmit, perform, reproduce, publish or create derivative works from or in any way exploit any of the Service in violation of the Terms and Conditions or the laws of India;
  2. create a database in electronic or structured manual form by systematically downloading and storing all or any of the Service, save and except such information as relates to the CLIENT’s accounts and Transactions, as the case may be;
  3. rent, lease, sell, sublicense, or lend any other person access to the WEBSITE and to the Service;
  4. cache or permit caching by any person
  5. do any act that violates the intellectual property right of HDFC SL or of any other third party in the WEBSITE or the Service offered thereof;
  6. engage in any fraudulent, abusive or illegal activity, including but not limited to any activity designed or intended to fraudulently obtain the CLIENT PASSWORD or any private information of any user of the WEBSITE;
  7. use the WEBSITE or the Service to violate the security of any computer network, crack PASSWORD of any other user or security encryption codes, transfer or store illegal material including threatening or obscene material;
  8. run mail list or any form of auto-responder, or spam on the WEBSITE.


HDFC SL may offer at the WEBSITE facility for discussions, chats, postings, transmissions, bulletin boards, and the like, and although HDFC SL has the right to monitor or review any Service, HDFC SL is under no obligation to do so and assumes no responsibility or liability arising from the content of any such discussions, postings, transmissions nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information contained within such locations on the WEBSITE. The CLIENT is prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. HDFC SL will fully cooperate with any law enforcement authorities or court order requesting or directing HDFC SL to disclose the identity of anyone posting any such information or materials. The CLIENT shall not delete copyright or other intellectual property rights notices from printouts, copies or reproductions of electronically accessed materials obtained from the WEBSITE.
 

21.  PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS

The copyright, trademarks, logos, slogans and service marks displayed on the WEBSITE, are registered and unregistered intellectual property rights of HDFC SL or of respective intellectual property right owners. Nothing contained on the WEBSITE should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any intellectual property displayed on the WEBSITE without the written permission of HDFC SL or such third party that may own the intellectual property displayed on the WEBSITE. HDFC SL neither warrants nor represents that the use of materials displayed on the WEBSITE by the CLIENT will not infringe patent, copyright or any intellectual property rights or any other rights of third parties not owned by or affiliated with HDFC SL. HDFC SL grants the right to access the WEBSITE to the CLIENT and use the Services in accordance with these Terms and Conditions and the Schedules annexed hereto. The CLIENT acknowledges that the Services including, but not limited to, text, content, photographs, video, audio and graphics, are either the property of, or used with permission by, HDFC SL and/or by the content providers and may be protected by applicable copyrights, trademarks, service marks, international treaties and/or other proprietary rights and laws of India and other countries, and the Terms and Conditions.

The CLIENT should assume that everything it sees or reads on the WEBSITE (including but not limited to directories, guides, news articles, opinions, reviews, text, photographs, images, illustrations, profiles, audio clips, video clips, trademarks, service marks and the like, collectively "the Content") is copyrighted/ protected by intellectual property laws unless otherwise provided and may not be used, except as provided in these Terms and Conditions, without the prior written permission of HDFC SL or the relevant copyright owner. The CLIENT is also advised that HDFC SL will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution. Any breach of the restrictions on use provided in these terms and conditions is expressly prohibited by law, and may result in severe civil and criminal penalties. HDFC SL shall be entitled to obtain equitable relief (including all damage, direct, indirect, consequential and exemplary) over and above all other remedies available to it, to protect its interests therein. The CLIENT acknowledges that the software underlying the Services as well as other Internet related software which are required for accessing service are the legal property of the respective vendors. The permission given by HDFC SL to access the Services shall not convey any patent, copyright and license, proprietary or ownership rights or other intellectual property rights in the above software.
 

22.  EXTRAORDINARY EVENTS/ TECHNICAL DIFFICULTIES

The CLIENT specifically agrees to hold HDFC SL harmless from any and all claims, and agrees that HDFC SL shall not be liable for any loss, actual or perceived, caused directly or indirectly by government restriction, exchange or market regulation, suspension of trading, war, strike, virus attacks, equipment failure, communication line failure, system failure, security failure on the Internet, unauthorized access, theft, or any problem, technological or otherwise or other conditions beyond HDFC SL’s control, that might prevent CLIENT from entering or HDFC SL from executing an instruction, order, direction. CLIENT further agrees that the CLIENT will not be compensated by HDFC SL for .lost opportunity. viz., notional profits on orders, instructions, directions which could not be executed.
 

23.  LINKS TO WEBSITES

This WEBSITE may contain links to other websites operated by other parties. Such links are provided for the convenience of the CLIENT only and HDFC SL does not control or endorse such websites, and is not responsible for their contents. The use of such WEBSITE is also subject to the terms of use and other terms and guidelines, if any, contained within each such WEBSITE. In the event that any of the terms contained herein conflict with the terms of use or other terms and guidelines contained within any such WEBSITE, then the terms of use and other terms and guidelines for such WEBSITE shall prevail. The linked web sites are not under the control of HDFC SL and it is not responsible for the contents of any linked website or any link contained in a linked website, advertisements appearing in or Services offered by or any changes or updates to such websites.

This WEBSITE may contain links to websites, web-pages and services also operated by HDFC SL (the "HDFC SL Sites"), and the CLIENT’s use of each HDFC SL Site is also subject to the Terms and Conditions herein and other terms and guidelines, if any, governing such HDFC SL Site. In the event that any of the terms, conditions, and notices contained herein conflict with the terms and conditions governing such HDFC SL Site, then the terms and conditions governing such HDFC SL Site shall prevail.
 

24.  PROCEDURE FOR CHANGING USERS

The CLIENT can revoke the authority of an existing USER, change his USER access profile/authorize a new USER by giving a resolution/mandate in the format prescribed by HDFC SL. However, all the terms and conditions herein shall continue to apply. In case an authorized USER leaves the services of the CLIENT, the CLIENT shall immediately notify HDFC SL to disable the user access, giving HDFC SL reasonable time to do so.
 

25.  EXECUTION OF THE INSTRUCTIONS, ETC.

The CLIENT agrees to provide HDFC SL, if so being required to do or if in case it is deemed necessary by HDFC SL, with a power of attorney in such form, manner or substance as HDFC SL may require.
 

26.  RIGHTS GRANTED

The CLIENT hereby acknowledges and agrees that any rights not expressly granted herein are reserved.
 

27.  AMENDMENTS AND MODIFICATIONS

HDFC SL has the absolute discretion to amend or supplement the Terms and Conditions herein, by modifying or rescinding any of the existing provisions or conditions or by adding any new provision or condition, by conspicuously posting notice of such amendment on the WEBSITE or by providing written notice to the CLIENT. Continued use of Online Services after such notice will constitute acknowledgment and acceptance of such amendment.
 

28.  SURVIVAL OF OBLIGATIONS

The obligations of the Parties under these Terms and Conditions shall survive the termination of any Transaction.
 

29.  REMEDIES CUMULATIVE.

Except as provided in these Terms and Conditions, the rights, powers, remedies and privileges provided in these Terms and Conditions are cumulative and not exclusive of any rights, powers, remedies and privileges provided by law.
 

30.  NO WAIVER OF RIGHTS.

A failure or delay in exercising any right, power or privilege in respect of these Terms and Conditions will not be presumed to operate as a waiver, and a single or partial exercise of any right, power or privilege will not be presumed to preclude any subsequent or further exercise, of that right, power or privilege or the exercise of any other right, power or privilege.
 

31.  SEVERABILITY

If any provision or condition of these Terms and Conditions shall be held to be invalid or unenforceable by reason of any law, rule, administrative order or judicial decision by any court, or regulatory or self-regulatory agency or body, such invalidity or unenforceability shall attach only to such provision or condition. The validity of the remaining provisions and conditions shall not be affected thereby and these Terms and Conditions shall be carried out as if any such invalid or unenforceable provision or condition was not contained herein.
 

32.  HEADINGS

The clause headings in these Terms and Conditions are only for convenience and do not affect the meaning of the relative term.
 

33.  LEGALITY OF THE TERMS AND CONDITIONS

HDFC SL’s performance of these Terms and Conditions is subject to existing laws and legal process, and nothing contained in these Terms and Conditions is in derogation of HDFC SL’s right to comply with governmental, court and law enforcement requests or requirements relating to the use of this WEBSITE by the CLIENT or information provided gathered by HDFC SL in respect of such use.
 

34.  NON-TRANSFERABILITY

The grant of any facility to the CLIENT or its USERS under ONLINE SERVICES is not transferable under any circumstance.
 

35.  DISCLAIMER OF WARRANTIES

The Client expressly agrees that use of the Website is at its sole risk. The Website is provided on an “as is and as available basis”. Except as warranted in the Terms and Conditions, HDFC SL expressly disclaims all warranties of any kind, whether express or implied or statutory, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, data accuracy and completeness, and any warranties relating to non-infringement in the Services.

HDFC SL does not warrant that access to the Website and the Services will be uninterrupted, timely, secure, or error free nor does it make any warranty as to the results that may be obtained from the Website or use of the Services or as to the accuracy or reliability of the Services. HDFC SL makes no warranty regarding the Transactions entered into through the Website.

HDFC SL will not be liable for any virus that may enter the CLIENT’s system as a result of the Client using the Services. HDFC SL does not guarantee to the Client or any other third party that the Services would be virus free.
 

36.  ACCOUNT LINKING FOR GROUP ONLINE POLICY SERVICING

HDFC Life Insurance Company Limited (Formerly HDFC Standard Life Insurance Company Limited) while issuing a policy, issues the same under a Group/Account ID. The Client agrees that the Group/Account ID specified hereinabove or such Group/Account ID that would get allotted pursuant to the request for issuing the policy shall be used to identify the Client and the account linking for Group Online Transaction would be carried out on the basis of such Group/Account ID.
 

37.  INDEMNITY

The Client agrees, at its own expense, to indemnify, defend and hold harmless HDFC SL, its directors and employees, representatives, agents, and its Affiliates against any claim, suit, action or other proceeding brought against HDFC SL, its directors and employees, representatives, agents, and Affiliates by a third party, to the extent that such claim, suit, action or other proceeding brought against HDFC SL, its directors and employees, representatives, agents, and Affiliates is based on or arises in connection with the user of the Service with reference to :

  1. A violation of the Terms and Conditions contained herein by the Client;
  2. Any deletions, additions, insertions or alterations to, or any unauthorized use of the Services by the Client
  3. Any misrepresentation or breach of representation or warranty made by the Client contained herein; or
  4. Any breach of any covenant or obligation to be performed by the Client hereunder.


The Client agrees to pay any and all costs, damages and expenses, including, but not limited to, reasonable attorneys. fees and costs awarded against it or otherwise incurred by or in connection with or arising from any such claim, suit, action or proceeding attributable to any such claim.

The Client hereby agrees that under all circumstances, HDFC SL’s aggregate liability for claims relating to the Service, whether for breach or in tort including but not limited to negligence shall be limited to the transaction charges/fees or consideration paid by the client within the previous twelve (12) months for the service, excluding any amount paid towards transactions.
 

38.  UNIT PRICE

The rules governing determination of unit price for allocation or deallocation of units are as specified in policy documents and are final. The rules, in brief, are reproduced as below.

These rules will specify which day’s unit prices are used for requests made on a specific day and time subject to a cut-off time.

For the first premium, allocation rules will apply to the day and time on which the policy is issued. For subsequent premiums and premium top-ups, the allocation rules will apply to the date and time HDFC SL receives the intimation and the payment.

All allocations or deallocation of units for transactions initiated by the policyholder (like premium payments, fund switches, revival, surrenders, partial withdrawals etc) will be processed using the unit price of the same day to be declared at end of that day provided an asset valuation happens. If it is not a valuation day, HDFC SL will use the unit price of the immediately next valuation day.

The cut-off time for this will be 03:00 pm.

For outstation cheques, the allocation will be based on the day the cheque is realized. In case of renewal premium if the delay in realization causes the policy to cross the grace period, HDFC SL will lapse/ make paid-up the policy.

Policy charges which are taken through deallocation of units will use either the unit price of the same day if it is a valuation day otherwise, HDFC SL will use the unit price of the valuation day last available.

Policy cancellations initiated by us should use either the unit price of the same day if it is a valuation day otherwise HDFC SL will use the unit price of the valuation day last available.
 

39.  SPECIAL RULES FOR LARGE TRANSACTIONS

For Large Transactions, the rules governing determination of unit price for allocation or deallocation of units are as specified in the policy documents.
 

40.  DISCLAIMERS IN CASE OF UNIT LINKED POLICIES

  1. Unit Linked Life Insurance products are different from the traditional insurance products and are subject to the risk factors.
  2. The premium paid in Unit Linked Life Insurance policies are subject to investment risks associated with capital markets and the NAVs of the units may go up or down based on the performance of fund and factors influencing the capital market and the insured is responsible for his/her decisions.
  3. HDFC Life Insurance Company Limited (Formerly HDFC Standard Life Insurance Company Limited) is only the name of the Insurance Company and the names of the Unit Linked Plans offered by the Company are only the names of the unit linked life insurance contract and do not in any way indicate the quality of the contract, its future prospects or returns.
  4. Please acquaint yourself with the associated risks and the applicable charges, from your Financial Consultant or Corporate Financial Consultant / Insurance Broker or policy document of the insurer.
  5. The various funds offered under the unit linked contracts are the names of the funds and do not in any way indicate the quality of these plans, their future prospects and returns.
 

41.  GENERAL

The Client shall not assign these terms and conditions to anybody else. HDFC SL may sub-contract and employ agents to carry out any of its obligations under this contract.

These terms and conditions contain HDFC SL’s entire agreement (except as otherwise expressly provided herein) and supersede and replace any previously made proposals, representations, understandings and agreements, express or implied, either oral or in writing between the Client and HDFC SL for Online Services. The Client acknowledges that it has not relied on any representation made by HDFC SL or any of its employees or agents and has made its own independent assessment of ‘MY ACCOUNT’. No third party will have any rights or claims under these terms and conditions.
 

42.  APPLICABILITY OF TERMS

These Terms form the contract between the Client using the Online Service and HDFC SL. By applying for ‘MY ACCOUNT’ and accessing the service the Client acknowledges and accepts these Terms. These terms will be in addition to and not in derogation of the terms and conditions relating to any account of the Client.