The website and mobile application associated with https://mwyninsurance.in (jointly, “Platform”) are operated by MWYN INSURANCE TECH PRIVATE LIMITED (“MWYN”), a company incorporated under the provisions of the Companies Act, 2013, and having its registered office at G-405, 4th Floor – Gamma Block, Sigma Soft Tech Park, Varthur Kodi, Whitefield Post, Bangalore 560 066.
To access or use the Platform on any compatible device and avail of our Services (as defined below), you are required to accept these Terms and Conditions (“T&Cs”). By accepting these T&Cs, you signify that you have read, understood and agree to be bound by these T&Cs and any other applicable law, whether or not you are a registered member of the Platform.
As used herein, “User” “you” and “your” shall mean anyone who uses or accesses the Platform on any computer, mobile phone, tablet, console or other device (collectively, “Device”) and/or avails the Services. For the purposes of these T&Cs, “we”, “our” and “us” shall mean MWYN, and/or third-party service providers engaged by MWYN to render certain Services on the Platform.
Your continued use of the Platform and/or availing of the Services shall constitute your acceptance to the T&Cs, as revised from time to time. If you do not agree with these T&Cs, please do not access and use the Platform or avail such Services.
1. TERMS AND CONDITIONS
1.1. We reserve the right to update or modify these T&Cs at any time. Your continued access and use of the Platform following any such change constitutes your agreement to follow and be bound by these T&Cs, as updated or modified. For this reason, we encourage you to review these T&Cs each time you access and use the Platform and/or avail our Services.
2. SERVICES
2.1. MWYN has registered with the Insurance Regulatory and Development Authority (“IRDAI”), as a corporate agent, in order to solicit, procure and service insurance business of insurers and facilitate transactions in connection therewith on the Platform (“Services”).
2.2. MWYN shall act as the corporate agent for third party insurance providers (each, an “Insurance Providers”) and render Services in relation to general insurance, life insurance and health insurance policies (“Products”) provided by such Insurance Provider.
2.3. MWYN shall provide the following Services to you:
2.3.1. creating and maintaining your account in connection with the Services on the Platform;
2.3.2. collecting, verifying and recording your KYC (defined below) details;
2.3.3. collecting the premium on behalf of the Insurance Provider and thereafter, remitting the same with the concerned Insurance Provider; and
2.3.4. facilitating transactions for purchase of the Products by the Users, through third-party payment gateways integrated on the Platform.
2.4. MWYN reserves the right, without any prior notice to: (i) add new services; (ii) modify existing Services; and/or (iii) remove portions of the Services, as and when it deems fit and at its sole discretion.
2.5. We shall be entitled to charge a fee for the Services, which may be amended from time to time at our sole discretion. Any and all taxes, including GST, shall be borne by you at actuals.
3. ELIGIBILITY
3.1. You represent and warrant that you are competent and eligible to enter into a legally binding agreement and be bound by these T&Cs. You shall not access and use the Platform or avail the Services if you are not competent to contract under the applicable laws, rules and regulations.
3.2. For accessing the Platform and availing the Services, you, as a User, further represent that you are an Indian national having tax residency in India. You also represent and assure that you are not a tax resident of any other country.
3.3. We maintain the right to render Services to only those Users who are – a) competent to enter into legally binding contracts, b) have made the representations as provided above, c) and also qualify under the internal policy(ies) for the same, as determined solely by us from time to time. We shall have the sole right to change, modify, add or remove, in whole or in part, our internal policy(ies), in relation to the provision of the Services at any time without any prior written notice or intimation to the Users. Further, we shall have the right to not entertain any requests in relation to the same, from the Users towards such Services without assigning any reason.
3.4. We shall have the right to not process a transaction through the Platform, if MWYN in its sole discretion determines that such transaction undertaken by a User is not authorized by such User or that the transaction is not genuine or suspicious.
4. REPRESENTATIONS, WARRANTIES & UNDERTAKING
4.1. The information and data contained in the Platform do not constitute an offer to buy or sell or solicitation of an offer to buy or sell any Products/Services in any jurisdiction other than India.
4.2. All information provided to MWYN by you is accurate, correct and true.
4.3. You acknowledge and agree that MWYN is entitled to remove any/all the information on the Platform that is in contravention of these T&Cs.
4.4. You hereby authorize MWYN, to make any enquiries with any other finance company/bank/registered credit bureau regarding your credit history with them, in connection with the Services under these T&Cs.
4.5. You hereby explicitly give consent to MWYN for sharing your details such as name, age, date of birth, gender, email Id, correspondence/ billing address, GSTIN etc., with the insurers for the purpose of providing the insurance products under these T&Cs, for fulfilling the purposes of these T&Cs and for fulfilling their compliance requirements in accordance applicable laws.
4.6. You agree to not engage in any activities pertaining to the Services that are contrary to any applicable law or regulation or the terms of any agreements you may have with MWYN and/or the Partner.
4.7. You agree not to: (i) create multiple accounts or fake accounts; (ii) create accounts fraudulently; and/or (iii) use the Platform for any unlawful or immoral purpose.
4.8. You understand that MWYN does not provide any warranties for the Products and shall not be liable for any claims made by you or any third party in relation thereto. In this regard, you undertake to comply with the T&Cs and be solely liable for any transactions undertaken by you with the Insurance Provider through the Platform. The insurance products available on the Platform are developed, owned, operated and serviced by the respective Insurance Provider and are being offered or made available to you by MWYN, through the Platform, MWYN being a composite corporate agent duly registered with the IRDAI.
4.9. You further undertake to indemnify and hold harmless MWYN, its affiliates and their respective directors, officers, employees, agents and representatives against all direct or indirect damages suffered or losses incurred by MWYN arising due to your acts or omissions or against any claim initiated by you or any third party in relation to the Products/Services availed by you or in case of breach of these T&Cs or any warranties by you.
5. DISCLAIMERS
5.1. The Services are provided by MWYN is on an “as is” basis, without any representations or warranties of any kind, express or implied, including without limitation, the warranties of the merchantability, fitness for a particular purpose, reliability, availability, timeliness, security or accuracy of the payments, data, information, schemes, or databases provided by way of the Platform, for any purpose whatsoever. No oral or written information or advice given by MWYN through the Platform, or its authorized representatives shall create a warranty nor in any way increase the scope of this warranty. The User acknowledges that use of the Services and purchase of the Products is at the User’s sole risk.
5.2. For avoidance of doubt, it is clarified that MWYN is only assisting in collecting the premium on behalf of the insurer chosen by you to avail the insurance product. The acceptance of the deposit as premium and final issuance of the insurance policy is subject to the underwriting norms and discretion of the Insurance Provider on which MWYN has no control, and that product information is solely based on the information received from the insurers.
6. INTELLECTUAL PROPERTY POLICY
6.1. All of the content on the Platform, including, without limitation, all of the page headers, images, illustrations, graphics, audio clips, video clips or text, reports generated, trademarks, tradenames (“Platform Content”), constitute our and our licensors’ intellectual property. Copyright laws in all applicable jurisdictions protect the Platform and the Platform Content.
6.2. You may access the Platform, avail of the features and facilities and utilize the Platform Content for your personal or internal requirements only. You are not entitled to duplicate, distribute, create derivative works of, display, or commercially exploit the Platform Content, features or facilities, directly or indirectly, without our prior written permission. If you would like to request permission to commercially exploit any particular Platform Content, you could contact us in the manner provided for herein.
6.3. MWYN and its licensor are the sole owners of the underlying software and source code associated with the Platform and all the trademarks, copyright and any other intellectual property rights of any nature in the Platform.
7. KYC REQUIREMENTS
7.1. Before placing an order on the Platform, you are required to provide certain know your customer (“KYC”) documentation including but not limited to your Proof of Aadhar, PAN and bank account details, and any other information as may be required, in such form and manner as requested by us, in accordance with applicable law. We may request this information from you either at the time of
registration on the Platform or at a later stage, as and when the need arises. You further agree to cooperate with MWYN in undertaking the verification of the KYC and undertake such actions as instructed by MWYN from time to time.
8. COLLECTION OF INFORMATION
8.1. In the course of availing Services, you authorize MWYN, directly or through third parties, to make any inquiries we consider necessary to validate your identity and to collect information about you in accordance with these T&Cs and with our Privacy Policy. This may include asking you for further information that will allow us to reasonably identify you, requiring you to take steps to confirm ownership of your email address or financial instruments, or verifying your information against third party databases or through other sources. You may also be required to provide documents to help us validate your identity. In the event MWYN is unable to obtain or verify your information, MWYN reserves the right to close, suspend, or limit access to your account and/or the Services rendered. By availing the Services, you also consent to enable MWYN to validate your identity and to collect information about you in accordance with these T&Cs and our Privacy Policy.
8.2. You also provide your consent to MWYN to use and share the information provided by you in connection with the Services. You also agree and consent to MWYN to assess the information, based on your usage of the Platform.
8.3. You agree and understand that we will collect, receive and process your personal information in accordance with our Privacy Policy. By accepting the T&Cs, you hereby agree and accept our Privacy Policy which may be updated by us from time to time.
8.4. You agree to provide only true, accurate, current and complete information about yourself, and you agree not to misrepresent your identity or your account information in the course of availing Services. You further agree to keep your account information up to date and accurate.
8.5. The responsibility of providing correct information, details, including the contact information, amount, the bank account details etc., lies solely with you. MWYN shall not be responsible to verify the accuracy of the information/ details provided by you. In the event of any changes in the details or information provided by you initially, you must inform MWYN of such changes within a reasonable period of time. If any incorrect bank account number is provided by you, any amount may be deposited /credited to the wrong bank account and there is no guarantee of recovery of the same. MWYN will not be responsible for any loss or damage that may be sustained by you on account of such error on your part.
YOUR RIGHTS AND PREFERENCES AS A DATA SUBJECT IN INDIA
8.6. These T&C are intended for Indian residents and govern your rights as per applicable law within the territory of India. However, in the event you fall under a jurisdiction outside the purview of Indian law, we will not be liable for any claim, action and/or right initiated/exercised by you as per the extant laws of that jurisdiction. Therefore, we request you to kindly use the Platform accordingly.
9. SYSTEM REQUIREMENTS
9.1. In order to use the Platform, you are required to have a compatible Device with the following minimum specifications: Android Operating System version 7.0 (SDK level 24) or higher or iOS 13.0 or higher and Desktops with the following Browser versions: Google Chrome: version 100 and above, Mozilla Firefox: version 98 and above, Microsoft Edge: version 100 and above.
10. USER GUIDELINES
10.1. In consideration of MWYN granting you the rights hereunder, you hereby agree not to use the Platform for any purpose that is unlawful under any applicable laws and/or in violation of the terms of these T&C and our Privacy Policy. You shall not use the Platform in any manner that could damage, disable, overburden, or impair our server, or any network(s) connected to any server, or interfere with any other party’s use and enjoyment of the Platform. You shall not attempt to gain unauthorized access to any functions and features, other user accounts, computer systems or networks connected to any server, in any manner, including, through hacking, password mining or any other means. You shall not obtain or attempt to obtain any materials or information through any means which is not intentionally made available through the Platform.
10.2. The Platform is made available to you for your own personal and non-commercial use alone. You shall not allow third parties to: (i) make and/or distribute copies of the Platform or any deliverable generated by the Platform; (ii) attempt to copy, reproduce, alter, modify and/or reverse engineer the Platform; and/or (iii) create derivative works of the Platform.
10.3. You accept that any and all operations emanating from your Device shall be assumed to have been initiated by you.
10.4. You shall not copy, reproduce, distribute, or create derivative works of our content that is available on the Platform. Also, you shall not reverse engineer or reverse compile our technology that is available on the Platform.
10.5. You shall request MWYN, to block the account and change the passcode immediately for the account, if your Device has been lost or stolen.
10.6. You are responsible for any and all activities that occur in your account. You agree to notify MWYN immediately of any unauthorized use of the account or any other breach of security. MWYN shall not be liable for any loss to you or your organization owing to negligent actions or a failure on your part to inform MWYN, within a reasonable time, about loss or theft of your Device and/or any unauthorized access in your account, either with or without your knowledge.
10.7. You shall be liable for losses incurred by MWYN or any other party due to a third party’s use of the account. You shall not use any other person’s account at any time, without the permission of the account holder and MWYN.
10.8. MWYN shall make all reasonable efforts to ensure that your information is kept confidential. However, MWYN shall not be responsible for any disclosure or leakage of confidential information and/or loss or damage of the Device due to theft, negligence or failure on your part to practice safe computing.
10.9. You shall ensure that while using the functions and features, all prevailing and applicable laws, rules and regulations, shall at all times, be strictly complied with by you and MWYN shall not be liable in any manner whatsoever for default of any nature, by you, regarding the same.
10.10. You understand and acknowledge that upon using the Platform, you authorize us to access third party sites designated by you, on your behalf, to retrieve such information requested by you, and to register for accounts requested by you. For all purposes hereof, you hereby authorize us with the full power of substitution and re
substitution, for you and in your name, place and stead, in any and all capacities, to access third party internet sites, servers or documents, retrieve information, and use your information, all as described above, with the full power and authority to do and perform each and every act and thing requisite and necessary to be done in connection with services and facilities available on the Platform, as fully to all intents and purposes as you might or could do in person. YOU ACKNOWLEDGE AND AGREE THAT WHEN WE ACCESS AND RETRIEVE INFORMATION FROM THIRD PARTY SITES, WE ARE ACTING AS YOUR AGENT, AND NOT THE AGENT OR ON BEHALF OF THE THIRD PARTY. You agree that such third parties shall be entitled to rely on the foregoing authorization, agency granted by you.
10.11. You hereby acknowledge and agree that MWYN shall not be liable for failure of any transaction undertaken for any reason whatsoever including but not limited to deficiency of Service and/or Products delivered as well as technical errors. You further acknowledge that MWYN shall not be responsible in any manner whatsoever, for any loss incurred by you for a failed/ incomplete transaction undertaken by you using the Services.
10.12. You hereby agree and express your voluntary, unequivocal and informed consent to your personal data or financial information (including such data as may be designated as ‘personally identifiable data’ under the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 or other applicable law), being processed, disclosed and/or transferred by MWYN to third-party entities.
11. INDEMNIFICATION
11.1. You agree to protect, defend and indemnify us and hold us and our representatives harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your access and use of the Platform in violation of these T&C and/or your infringement, or infringement by any other user of your account, of any intellectual property or other right of anyone.
11.2. The terms of this provision will survive any termination or cancellation of these T&C or your use of the Platform.
12. LIMITATION OF LIABILITY
12.1. IN NO EVENT SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR FOR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE ACCESS, USE OR PERFORMANCE OF THIS APP’S FUNCTIONS AND FEATURES OR FOR INTERRUPTIONS, DELAY, ETC., EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF DAMAGES RESULTING FROM THE COST OF GETTING SUBSTITUTE FACILITIES ON THE APP, ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS (INCLUDING PAYMENT TRANSACTIONS AND PROCESSING) ENTERED INTO THROUGH OR FROM THE APP, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA STATEMENTS OR CONDUCT OF ANYONE ON THE APP, OR INABILITY TO USE THE APP, THE PROVISION OF OR FAILURE TO PROVIDE THE FUNCTIONS AND FEATURES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. THIS CLAUSE SHALL SURVIVE IN PERPETUITY.
13. SEVERABILITY
13.1. If any provision of these T&C is held to be illegal, invalid or unenforceable under any present or future applicable laws: (a) such provision will be replaced with another, which is not prohibited or unenforceable and has, as far as possible, the same legal and commercial effect as that which it replaces; and (b) the remaining provisions of the T&C will remain in full force and effect and will not be affected by the illegal, invalid, or unenforceable provision or by its severance herefrom.
14. TERM AND TERMINATION
14.1. These T&Cs and the right to use granted hereunder shall take effect on the date you create an account with the Platform, and shall continue in effect until termination this Agreement in accordance with this section.
14.2. MWYN may terminate the use of the Platform at any time after giving notice of the termination to you.
14.3. Upon termination, the rights and license granted to you herein shall terminate and you must cease all use of the Platform.
15. WAIVER
15.1. Any failure on the part of MWYN to require performance of any provision of these T&C shall not affect its right to full performance thereof at any time thereafter, and any waiver by MWYN of a breach of any provision hereof shall not constitute a waiver of a similar breach in the future or of any other breach.
16. ASSIGNMENT
16.1. You shall not assign or transfer any rights, obligations, or privileges that you have under these T&C, without the prior written consent of MWYN. Subject to the foregoing, these T&C will be binding on the successors and permitted assignees of MWYN. Any assignment or transfer in violation of this clause will be deemed null and void.
17. INDEPENDENCE FROM PLATFORMS
17.1. The Platform is independent of any marketplace/application store platform on which it is located. The Platform is not associated, affiliated, sponsored, endorsed or in any way linked to any platform operator, including, without limitation, Platformle, Google, Android or RIM Blackberry (each being an “Operator”).
17.2. Your download, installation, access to or use of the Platform is also bound by the terms and conditions of the Operator.
17.3. You and MWYN acknowledge that these T&C are concluded only between you and MWYN, and not with an Operator, and MWYN, not those Operators, are solely responsible for the Platform and the content thereof to the extent specified in these T&C.
17.4. MWYN is solely responsible for providing any maintenance and support services with respect to the Platform as required under applicable law. You and MWYN acknowledge that an Operator has no obligation whatsoever to furnish any maintenance and support services with respect to the Platform.
17.5. You and MWYN acknowledge that MWYN, not the relevant Operator, is responsible for addressing any User claims or any third-party claim relating to the Platform or your possession and/or use of the Platform, including, but not limited to: (i) any claim that the Platform fails to conform to any applicable legal or regulatory requirement; and (ii) claims arising under consumer protection or similar legislation.
17.6. You and MWYN agree that, in the event of any third-party claim that the Platform or your possession and use of the Platform infringes that third party’s intellectual property rights, MWYN and not the relevant Operator, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim; provided such infringement was caused by MWYN.
17.7. You must comply with any applicable third-party terms of agreement when using the Platform (e.g. you must ensure that your use of the Platform is not in violation of your Device agreement or any wireless data service agreement).
17.8. You and MWYN agree that the relevant Operator, and that Operator’s subsidiaries, are third party beneficiaries of these T&C, and that, upon your acceptance of these T&C, that Operator will have the right (and will be deemed to have accepted the right) to enforce the terms of these T&C against you as a third-party beneficiary thereof.
18. UPDATES
18.1. MWYN reserves the right to update the Platform, in order to, inter alia, increase efficiency, optimize user interface, and add new facilities from time to time. Update packages will be sent to you on your Device for download and installation.
18.2. You hereby agree to install the updates from time to time and acknowledge that MWYN will only be able to provide account support for the Platform if you ensure installation of all updates upon receiving notifications thereof when using the Platform.
19. VALIDITY OF T&C
19.1. These T&C shall apply when you complete the authentication process and create an account and shall remain valid and binding on you for so long as you maintain the account.
20. SECURITY
20.1. You are prohibited from violating or attempting to violate the security of the Platform, including, without limitation:
21.1.1. accessing data not intended for you or logging into an account which you are not authorized to access;
21.1.2. attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or
21.1.3. interfering with service to any user, host, or network.
20.2. You shall not misuse this Platform by intentionally introducing viruses, trojans, worms, logic bombs or other materials that are malicious or technologically harmful (together “Viruses”). You will not attempt to gain unauthorized access to the Platform, or any server, computer or database connected to the Platform. You will not attack this Platform via a denial-of-service attack. Further, you shall not interfere with or circumvent any security feature of the Platform or any feature that restricts or enforces limitations on use of or access to the Platform, such as probing or scanning the vulnerability of any system, network or breach.
20.3. Should you breach the provisions of this Clause, you will be liable to be prosecuted under the Information Technology Act, 2000 and other applicable statutes. We will immediately report such breach to the relevant law enforcement authorities and will co-operate with such authorities by disclosing your identity to them. In the event of such a breach, your rights to use this Platform will cease immediately.
20.4. We will not be liable for any loss or damage caused by a denial-of-service attack or Viruses that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Platform or to your downloading of any material posted on it.
20.5. You agree to immediately report to us all incidents involving suspected or actual unauthorized access, disclosure, alteration, loss, damage, or destruction of data.
20.6. You shall not interfere with or disrupt (or attempt to interfere with or disrupt) access and enjoyment of the Platform by other users or any host or network, including, without limitation, creating or transmitting unwanted electronic communications such as “spam” to other users, overloading, flooding or mail
bombing the Platform, or scripting the creation of content in such a manner as to interfere with or create an undue burden on the Platform.
20.7. All actions performed by any person using your account and password shall be deemed to have been committed by you and you shall be liable for the same. We reserve the right to suspend/terminate your account at any time if it is found that you have been sharing the password with any unauthorized user.
20.8. In order to reduce the risk of unauthorized access, a user is logged out from the account and will have to enter his details and login afresh, after 3 consecutive incorrect login attempts.
21. MONITORING
21.1. All electronic communications and content presented and/or passed to us, including that presented and/or passed from remote access connections, may be monitored, examined, saved, read, transcribed, stored, or retransmitted in the course of daily operations by any duly authorized employee or agent of ours in the exercise of their duties, or by law enforcement authorities who may be assisting us in investigating possible contravention / non-compliance with applicable law. Electronic communications and content may be examined by automated means. Further, we have the right to reject, at our sole discretion, from the Platform, any electronic communications or content deemed not to be in compliance with the corporate policies and procedures of MWYN.
22. GOVERNING LAW AND JURISDICTION
22.1. These T&Cs (and by extension, the Privacy Policy) are governed and construed in accordance with Indian law. By using the Platform, you hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Bangalore, Karnataka, India, in the event of any disputes arising out of or in relation to your access to and use of the Platform.
23. CONTACT INFORMATION
23.1. If you have any questions or concerns regarding the Terms of Service or Privacy Policy, please feel free to contact us at the following email address: pranav@mwyninsurance.in or at the contact details published on the Platform.
In the event of an error in the transaction or ancillary issues, please contact our customer support team at
+91 6361121526
