"Affiliate" of Star Health shall mean and include any company which is the holding company or subsidiary of Star Health, or a person under the control of or under common control with Star Health, any person, of which, Star Health has a direct or beneficial interest or control of 26% or more, of the voting securities or any person having a direct or beneficial interest or control of 26% or more, of the voting securities of Star Health , or any company which is the holding company or subsidiary of such person, or a person under the control of or under common control with such person, or any person, of which, such person has a direct or beneficial interest or control of 26% or more, of the voting securities.
For the purpose of this definition of Affiliate, "control" together with grammatical variations when used with respect to any person, means the power to direct the management and policies of such person, directly or indirectly, whether through the ownership of the vote carrying securities, by contract or otherwise howsoever; and "person" means a company, corporation, a partnership, trust or any other entity or organization or other body whatsoever.
"Facility" refers to the service offered by Star Health to the user through its website to effect transactions online through the usage of User ID and Password in connection with various Insurance Products offered by Star Health, including not limited to, providing insurance related information to the User, subject to the terms as contained herein and any other service as Star Health may decide to provide from time to time."Insurance Products" shall mean various insurance policies and services offered by Star Health.
In this document all references to the user being referred in masculine gender shall be deemed to include the feminine gender.
Applicability of Terms : These Terms form the contract between the User and Star Health for availing of the Facility and use of the website. The User shall apply to Star Health in the prescribed form for use of the Facility. Star Health shall be entitled at its sole discretion to accept or reject such applications as may be submitted by the users. By applying for or availing of the Facility, the user acknowledges and accepts these Terms, without limitation or qualification .
The User represents that the User is at least 18 years of age and has the capacity to contract as specified under the Indian Contract Act, 1872 to be eligible for availing the Facility offered herein.
Unless explicitly stated otherwise, any new Facility or any amendment to an existing Facility as provided by Star Health, shall be subject to the Terms. The availability/non-availability of a particular Facility shall be communicated to the User through email, or by hosting a notice on the website or in writing as may be deemed fit by Star Health. Such service may be provided by Star Health directly or through its associates or contracted service providers.
The information provided to the user through the Facility is not updated continuously but at regular intervals. Consequently, any information supplied to the user through the Facility 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 user. Star Health shall not be liable for any loss that the user may suffer by relying on or acting on such information.
Nothing contained on the website shall constitute or be deemed to constitute an advise, an offer to sell/purchase or an invitation or solicitation to undertake any activity or enter into any transaction. Star Health makes no representation as to the accuracy, completeness or reliability of any information contained herein or otherwise provided and hereby disclaims any liability with regard to the same. The User should exercise due care and caution (including if necessary, obtaining of advise of tax/legal/accounting/financial/other professionals) prior to taking of any decision, acting or omitting to act, on the basis of information contained on the website and Star Health shall not in any way be responsible or liable for any consequences of actions taken or omitted to be taken by the User based on such information.
Star Health may keep its records of the transactions in any form it wishes. In the event of any dispute, Star Health’s records shall be binding as the conclusive evidence of the transactions carried out through the Facility in the absence of clear proof that Star Health’s records are erroneous or incomplete.
In case of any request for a service relating to any foreign currency transaction made by the user, the exchange rates quoted by Star Health shall only be provisional and shall be subject to future variations in the exchange rate. The rate at which the transaction is given effect to would be the effective rate for all intents and purposes.However, all the Insurance Products offered by Star Health may not be offered through the Facility.
Star Health reserves the right to dishonour any transaction instructionat its sole discretion and the User agrees not to hold Star Health responsible for the same.
The user shall take all necessary precautions to prevent unauthorized and illegal use of the Facility and unauthorized access to the Facility. Star Health shall take all commercially reasonable care to, ensure the security of and to prevent unauthorized access to the Facility using commercially reasonable technology available in India to Star Health.
The Website and / or Facility is only for the User’s personal use. The User will not use the Website and / or Facility for commercial purposes. The User will not use the Website and / or Facility in any way that is prohibited or illegal or harmful to Star Health, its affiliates, directors, officers, employees etc. or any customer of Star Health. The User shall not use the website and / or Facility in any manner that could damage, disable or impair the website and / or Facility or its functioning in manner whatsoever or interfere with the normal working of the website.
The User shall ensure that the password and his secret phrase which he can use to generate a new password, in case he forgets his password, are kept confidential, and to not let any unauthorized person have access to the computer while the User is accessing the Facility.
If the User forgets the password and User ID/secret phrase, the User may request for the issue of a new password through the Website or through written communication to Star Health and this shall not be construed as the commencement of a new contract.
The User agrees and acknowledges that Star Health shall in no way be held responsible or liable if the User incurs any loss as a result of information being disclosed by Star Health regarding his/her Payment Accounts in the course of providing the Facility to the User and the User fully indemnifies and holds harmless Star Health in that behalf.
The User shall maintain the secrecy of all information of confidential nature and shall ensure that the same is not disclosed to any person voluntarily, accidentally or by mistake. Star Health does not assume responsibility on his/her behalf.
The Payment Instructions will be effected only after authentication of the User in accordance with the prescribed procedure detailed hereinabove.Star Health shall incur no liability if it is unable to effect any Payment Instruction on the Payment Date because of the existence of any one or more of the following circumstances:
The User is also responsible for the accuracy and authenticity of the Payment Instructions provided to Star Health and the same shall be considered to be sufficient to effect the payment.
Star Health shall have the right to refuse to comply with the Payment Instructions without assigning any reason and shall not be under any duty to assess the prudence or otherwise of any instruction, and have the right to suspend the operations of the Facility if it has reason to believe that the Payment instructions will lead or expose to direct or indirect loss or may require an indemnity from the User before continuing to operate the Facility.
In event the User is desirous of modifying the transaction instructions provided to Star Health through the Facility, the User shall give necessary instructions to Star Health. The User also agrees to pay any additional Insurance Premium, if applicable, upon modification of transaction instructions, as may be required by Star Health. In event of cancellation of any Insurance Product as availed by the User from Star Health, then Star Health shall be entitled to retain short rate Insurance Premium as applicable to the policy and refund the Insurance Premium to the User in such form and manner as may Star Health may deem fit.
In case of cancellation of certain Insurance Products issued in favour of the User, the User may not be entitled to receive any refund of Insurance Premium from Star Health.
The User agrees to pay to Star Health, applicable fees as specified by Star Health for such modification or cancellation of Transaction Instructions.
The premium is to be paid for purchase of (Online) insurance policy through net banking account or credit/debit card issued in the proposer/policyholder’s name.And all premium has to be paid from genuine sources and no premium to be paid out of proceeds of crime related to any of the scheduled offences listed in Prevention of Money Laundering Act, 2002. The Company has the right to call for documents to establish sources of funds. The company has right to cancel the insurance contract in case found guilty by any competent court of law directly or indirectly governing prevention of money laundering in India.
Note: As per Regulation 3(d), 3(f) & 3(g) of Insurance Regulatory and Development Authority (IRDA) (Manner of Receipt of Premium) Regulations, 2002, the premium shall be paid by proposer or by the policyholder through credit/debit card held in his/her name.
In case the Insurance premium payment is not effected for any reason, Star Health shall intimate the User through the Facility about the failed payment. The intimation shall be deemed to have been received by the User when the intimation enters the secure mailbox of the User provided by Star Health. Star Health may intimate the User through any other means as Star Health may deem fit. Star Health may, at its sole and absolute discretion, levy such penalty as it deems fit.
Star Health reserves the right to charge and recover from the User fees for availing the Facility at any time as it may deem fit. Failure to pay the charges/fees on or before the specified date will render the User liable for payment of interest at such rate as may be stipulated by Star Health and/or withdrawal of the Facility without any liability to Star Health.
All transaction instructions in connection with the Facility be given, through computer or any other medium/channel enabled by Star Health for the purpose, by the user in the manner indicated by Star Health. The user is also responsible for the accuracy and authenticity of the transaction instructions provided to Star Health and the same shall be considered to be sufficient to operate the Facility. Star Health shall not be required to independently verify the transaction instructions, and the transaction instruction shall remain effective till such time the same is countermanded by further instructions by the user. Star Health shall have no liability if it does not or is unable to stop or prevent the implementation of an transaction instruction which is subsequently countermanded. Where Star Health considers the transaction instructions to be inconsistent or contradictory it may seek clarification from the user before acting on any transaction instruction of the user or act upon any such instruction as it deems fit. Star Health states that it has no liability or obligation to keep a record of the transaction instructions to provide information to the user or for verifying user's instructions. Star Health may refuse to comply with the transaction instructions without assigning any reason and shall not be under any duty to assess the prudence or otherwise of any transaction instruction and have the right to suspend the operations through the Facility if it has reason to believe that the transaction instructions will lead or expose to direct or indirect loss or may require an indemnity from the user before continuing to operate the Facility.
Any instruction, order, direction, request entered using the User ID and password of the user shall be deemed to be an instruction, order, directive, request received from the user. All instructions, requests, directives, orders, directions, entered by the user, either electronically or otherwise, are based upon the user's decisions and are the sole responsibility of the user. The user understands that entering an instruction, direction, order, request with Star Health, either electronically or otherwise, does not guarantee execution of such instruction, direction, order, request. Star Health shall not be deemed to have received any instruction, direction, order, request electronically transmitted by the user until it confirms the receipt of such instruction, direction, order, request.
Accuracy of Information : The user is responsible for the correctness of information supplied to Star Health for use of the Facility or through any other means such as electronic mail or written communication. Star Health accepts no liability for the consequences arising out of erroneous information supplied by the user. If the user notices an error in the information supplied to Star Health either in the application form or any other communication, he shall immediately advise Star Health which will endeavour to correct the error wherever possible on a "reasonable efforts" basis.
Liability of the User and Star Health : Neither Star Health nor the Affiliates shall be liable for any unauthorised transactions occurring through the usage of the Facility and the user hereby fully indemnifies and holds Star Health and its Affiliates harmless against any action, suit, proceeding initiated against it or any loss, cost or damage incurred by it as a result thereof. Star Health shall under no circumstance be held liable to the user if the Facility is not available in the desired manner for reasons including but not limited to natural calamities, legal restraints, faults in the telecommunication network or network failure, or any other reason beyond the control of Star Health. Under no circumstances shall Star Health be liable for any damages whatsoever whether such damages are direct, indirect, incidental consequential and irrespective of whether any claim is based on loss of revenue, interruption of business or any loss of any character or nature whatsoever and whether sustained by the user or by any other person. Illegal or improper use of the Facility shall render the user liable for payment of financial charges as decided by Star Health or will result in suspension of the operations through the Facility.
Star Health is required to provide to the User with certain disclosures and notices which are mandated by various laws and rules and transaction related notifications. The User agrees to receive all such disclosures and notifications electronically, which, in most cases, will be done through the website or through any other medium as may be deemed fit by Star Health. If, for any reason, the User does not wish to receive the disclosures electronically, the User may advise Star Health immediately. However, if the User declines to receive the disclosures electronically, Star Health may choose to terminate the Facility.
The read-out, the faxed /email output or the printed output, if any, that is received by the User at the time of operation of the Facility is a record of the operation by the User. All the records of Star Health generated by the transactions arising out of the use of the Facility, including the time the transaction is recorded shall be conclusive proof of the genuineness and accuracy of the transaction.
Star Health shall have no liability or obligation to keep a record of the transactions carried through the Facility and/or provide information to the User or for verifying User's Payment Instructions, other than records required to be kept or information required to be provided statutorily by Star Health.
The User agrees that Star Health / its Affiliates or their agents, representatives or contractors may hold and process his personal information and all other information concerning with his Payment Account on computer or otherwise in connection with the Facility as well as for analysis, credit scoring and marketing. The User also agrees that Star Health may disclose, in strict confidence, to other institutions, such information as may be reasonably necessary for reasons inclusive of but not limited to participation in any telecommunication or electronic clearing network, in compliance with a legal directive, for credit rating by recognized credit scoring agencies and for fraud prevention purposes.
Star Health shall not be deemed to have waived any of its rights or remedies hereunder unless such waiver is in writing by Star Health. No delay or omission on the part of Star Health in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.
Star Health may send SMS to the Users to update the Users with information in connection with the Insurance products or the Facility and seek confirmation from such Users with respect to the same.
Star Health reserves the right to reject any such request received from the User through the SMS service without giving any reasons for the same.
Star Health shall not be responsible to the User for any loss or damage caused to the User or any third party on account of non-delivery of the SMS or any delay in delivery of SMS. Star Health shall not be liable for any direct or indirect consequences arising on account of processing the requests received form the User through the SMS service. Star Health may withdraw this service at any time without assigning any reasons therefor.
In consideration of Star Health providing the User the Facility, the User hereby undertakes to indemnify and hold Star Health indemnified, as the case may be, including both their officer, employees and agents, against all losses and expenses on full indemnity basis which Star Health may incur, sustain, suffer or is likely to suffer in connection with Star Health’s execution of the User's instructions and against all actions, claims, demands, proceedings, losses, damages, costs, charges and expenses as a consequence or by reason of providing the Facility for any action taken or omitted to be taken by Star Health its officers, employees or agents, on the instructions of the User. The User will pay to Star Health such amount as may be determined to be sufficient to indemnify it against any such, loss or expenses even though they may not have arisen or are contingent in nature.
Further, the user agrees, at its own expense, to indemnify, defend and hold harmless Star Health, its directors and employees, representatives, agents, and its Affiliates against any claim, suit, action or other proceeding brought against Star Health, its directors and employees, representatives, agents, and Affiliates by a third party, to the extent that such claim, suit, action of other proceeding brought against Star Health, its directors and employees, representatives, agents, and Affiliates is based on or arises in connection with the user of the Facility with reference to:
The User expressly agrees that use of the Facility is at his sole risk. The Facility is provided on an "as is" and "as available" basis.
Except as warranted in the Terms, Star Health 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 Facility.
Star Health does not warrant that access to the Website and the Facility shall 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, accuracy or reliability of the Facility.
Star Health will not be liable for any virus that may enter the user's system as a result of the user using the Facility. Star Health does not guarantee to the user or any other third party that the Facility would be virus free.
Star Health does not warrant or guarantee the accuracy or timeliness of any information available from the Website or the Facility. Star Health does not authorize for any purpose other than the User’s personal use, and prohibit to the maximum extent allowable the resale, redistribution, and use of this information for commercial purposes.
The user may request for termination of the Facility any time by giving a written notice of at least 15 days to Star Health. The termination shall take effect on the completion of the fifteenth day. The user will remain responsible for any transactions made through the Facility until the time of such termination.
Star Health may withdraw or terminate the Facility anytime either entirely or with reference to a specific service or user; or in case of breach of Terms by the user without a prior notice; or if it learns of the death, bankruptcy or lack of legal capacity of the user.Clause 20 & 21 shall survive the termination of the Facility for any reason whatsoever.
Upon termination of the Facility becoming effective, the User’s right to use the Facility will immediately cease. Upon such termination, any information stored by the User on the Website may not be retrieved later.
Notices under these Terms may be given by Star Health and the user in writing by delivering them by hand or by sending them by post to the last address given by the user and in the case of Star Health to its corporate office address as set out hereinabove. In addition, Star Health may also publish notices of general nature, which are applicable to all users in a newspaper or on its website. Such notices will have the same effect as a notice served individually to each user. Notice and instructions will be deemed served 7 days after posting or upon receipt in the case of hand delivery, cable, telex or facsimile.
These Terms shall be governed by the laws of India. The Parties hereby agree that any legal action or proceedings arising out of the Terms shall be brought in the courts or tribunals at Mumbai in India and irrevocably submit themselves to the jurisdiction of such courts and tribunals. Star Health may, however, in its absolute discretion, commence any legal action or proceedings arising out of the Terms in any other court, tribunal or other appropriate forum, and the user hereby consents to that jurisdiction. Any provision of the Terms which is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of prohibition or unenforceability but shall not invalidate the remaining provisions of the Terms or affect such provision in any other jurisdiction.
Unless otherwise expressly set forth herein, any information, communications or material that the User may transmit or furnish to Star Health through the Facility or website, including data, questions, comments, or suggestions will be treated as non-confidential and non-proprietary and will be treated as the property of Star Health. Such information, communications or material may be used for any purpose, including, but not limited to, reproduction, solicitations, disclosure, transmission, publication, broadcast, and posting.
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. Star Health would be deemed to have fulfilled its legal obligation to deliver to the user any document if such document is sent via electronic means. Failure to advise Star Health 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.
Star Health shall make reasonable efforts to advise from time to time the Internet software such as browsers which are required for availing of the Facility. There will be no obligation on Star Health to support all or any versions of the Internet software as may be required for offering the Facility. The user acknowledges that the software underlying the Facility as well as other Internet related software which are required for accessing Internet Banking are the legal property of the respective vendors. The permission given by Star Health to access the Facility will not convey any proprietary or ownership rights in such software. The user shall not attempt to modify, translate, disassemble, decompile or reverse engineer the software underlying the Facility or create any derivative product based on the software.
The clause headings herein are for only for convenience and do not affect the meaning of the relative clause. Star Health may sub-contract and employ agents to carry out any of its obligations under this contract. The user would have to ensure that the equipment used for availing of the Facility meets the criteria as may be specified by Star Health from time to time. All costs incurred by the user including telecommunication costs to use the Facility would be borne by the user.
As a tool to correct misunderstandings, the user understands, agrees and authorises Star Health, at its discretion, and without further prior notice to the user, to monitor and record any or all telephone conversations or electronic communications between the user and Star Health and any of its employees or agents.
These terms and conditions contain Star Health’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 user and Star Health for the Facility. The user acknowledges that it has not relied on any representation made by Star Health or any of its employees or agents and has made its own independent assessment of the Facility. No third party will have any rights or claims under these terms and conditions.