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Terms of Use

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.

A. Acceptance of Terms

By using this website/platform and its services, you agree to be bound by the following terms and conditions ("Terms of Use") and the Privacy Policy. These documents constitute a legally binding agreement between you and Conficlaim Platforms Private Limited (referred to as "ClaimDone" or "the Company"). The Terms of Use outline your rights, obligations, and limitations concerning your use of the website/platform, including its classified ads, forums, email functions, internet links, and all content and services available through www.claimdone.com (referred to as the "Website" or "Platform"). Additionally, these terms govern online transactions between users of the Website/Platform who offer services for settling the unmet needs of mistreated Insurance Policy Holders (referred to as "Service Providers") and users who obtain services from Service Providers to resolve grievances (referred to as "Service Users") through the Website/Platform (collectively referred to as the "Services"). These Terms of Use, along with the Privacy Policy, apply to all users of the Website, including those who contribute content, information, messages, advertisements, or other materials.

The Website/Platform is operated by Conficlaim Platforms Private Limited, located at SCO 18-19C, Canal Colony, Pakkhowal Road, Ludhiana, Punjab 141001.

By accessing or using the Website/Platform, including its Services, you acknowledge that it serves as a platform for Service Providers and Service Users to agree on services. By using the Website/Platform, you certify that: (1) you are either a Service Provider or a potential Service User, (2) you have the authority to agree to these Terms of Use, (3) you consent to payment transfers for requested services through the Website, and (4) you agree to abide by all terms and conditions outlined in these Terms of Use and any other referenced documents. If you do not agree to these terms, please refrain from using the Website.

The terms "you" or "your" refer to any person accessing, using, or participating in the Website. If you use the Website on behalf of a business, you represent that you have the authority to bind that business, and your acceptance of these Terms of Use will be considered binding for that business.

1. CHANGES TO TERMS OF USE AND/OR PRIVACY POLICY

ClaimDone reserves the right, at its sole discretion, to modify, amend, or otherwise alter the Terms of Use, as well as any other referenced documents, to comply with legal and regulatory requirements and for legitimate business reasons. These changes may be made at any time, and ClaimDone will notify users of such changes by posting notices and updated terms on the Terms & Conditions page of the Website. Users are responsible for regularly reviewing the Terms of Use for updates, and it is recommended to check them frequently. By continuing to use the Website after any modifications to the Terms of Use, you indicate your agreement and acceptance of the revised terms. If you do not agree to these or any future Terms of Use, please refrain from using or accessing the Website.

2. PRIVACY POLICY

ClaimDone has a Privacy Policy that outlines how user information is collected and used. This Privacy Policy is referenced and incorporated into the Terms of Use stated here. Your use of the Website is governed by this Privacy Policy.

You can find the Privacy Policy on the Website/Platform www.claimdone.com.

B. MEMBERSHIP AND ACCESSIBILITY

1. LICENSE FOR ACCESS

ClaimDone grants you a non-exclusive, revocable license to access and use the Website as described in the Terms of Use. However, you are not permitted to copy, distribute, or create derivative works from the Website without prior written consent from ClaimDone. Additionally, you must not modify any part of the Website except as necessary for its intended use and must comply with all Terms of Use and applicable laws.

2. MEMBERSHIP ELIGIBILITY REQUIREMENTS

To access and utilize the Website, you must be at least 18 years old and capable of forming legally binding contracts according to relevant laws. By using the Website, you confirm that you are at least 18 years old and agree to the following: (a) all information you provide during registration is truthful and accurate, (b) you will maintain the accuracy of this information, and (c) your use of the Website/Platform and its services complies with all applicable laws and regulations. We reserve the right to terminate your Account (defined below) if, at our discretion, we believe you are under 18 or not abiding by the law.

While visiting the Website/Platform doesn't require registration, certain features necessitate a password-protected account ("Account"). To create an Account, you must register your complaint, providing details like Name, Email address, Mobile number, Policy type, and Complaint type on the registration page, and set a password. Additional optional information can be provided for a more personalized experience.

You are responsible for all activities on your Account and must report any security breaches or unauthorized use immediately. Do not use another person's Account without permission, misrepresent yourself, or represent yourself as another user.

You agree that any losses due to unauthorized Account use are your responsibility, though you may also be liable for losses incurred by ClaimDone or others due to such unauthorized use.

An Account holder/Client is also referred to as a "User."

You agree to abide by the following Account Policies:

  • Obtain ClaimDone's written authorization before copying or distributing any part of the Website.
  • Only alter the Website as necessary for its intended purpose.
  • Provide accurate information during Account creation and update it as needed.
  • Do not collect or misuse Service Provider's or Service User's information, copyrighted text, or Website content.
  • Do not overload ClaimDone servers with excessive request messages.
  • Do not interfere with the Website's proper functioning or bypass security measures.
  • Do not collect personally identifiable data or use Website communication systems for commercial solicitation.
  • Agree to let us store necessary communication from your mailing account for settling insurance claims.
3. ADDITIONAL POLICIES

By accessing and using the Website/Platform, you are bound by the Terms of Use and are also subject to ClaimDone's regulations, guidelines, and any additional policies that ClaimDone may introduce from time to time. These additional policies may include a copyright policy and other restrictions or limitations that ClaimDone publishes on the Website ("Additional Policies"). You agree to comply with these Additional Policies and your obligations under them at all times. Failure to adhere to the terms and conditions outlined in this Agreement, including the Account Policies, membership eligibility criteria, or Additional Policies, may result in the termination of your Account by ClaimDone at its sole discretion, without prior notice, and may lead to legal action if deemed necessary.

C. Rules for Users of Services

1. Users of services provided through the platform must refrain from the following actions:
  • Using a Service without payment commitment.
  • Registering for, committing to a price for, using, or soliciting a Service with no intention of following through with payment or usage.
  • Agreeing to purchase a Service without meeting the Service Provider's terms as outlined in the Posting, or agreeing to purchase a Service with the intention of disrupting a Posting.
  • Misusing any options provided by ClaimDone related to the use or purchase of any Service.
2. Sanctions for Violations

If a user of services violates any of the aforementioned rules, ClaimDone reserves the right to take the following actions at its sole discretion:

  • Limit the user's Account privileges.
  • Suspend the user's Account.
  • Decrease the user's status earned via the Feedback page.

D. Limitation of Liability

By using ClaimDone's services, you release ClaimDone, its officers, directors, agents, and employees from all claims, demands, and damages (actual and consequential), known and unknown, suspected and unsuspected, disclosed and undisclosed, arising from or connected in any way with disputed insurance claims.

We are not liable for any damage or loss resulting from the use of the service on the Website/Platform, whether directly or indirectly. We also do not guarantee or take responsibility for your satisfaction with the service provided.

Once we have provided the required service, we are not responsible for any subsequent claims. Your relationship with us regarding the service ends once it has been fully provided.

You accept all responsibility and risk associated with using the Website. We explicitly disclaim all warranties, representations, and endorsements regarding the site, including implied warranties of title, merchantability, non-infringement, and fitness for a specific purpose, to the fullest extent permitted by law. We are not obligated to update or modify the Website/Platform, and we are not liable for any failure to do so. Under no circumstances, under any legal theory (whether tort, contract, strict liability, or otherwise), are we or any of our employees, directors, officers, agents, or affiliates liable for any kind of loss or damage, direct or indirect, related to the Website/Platform, its use, or our agreement with you concerning it. This includes, but is not limited to, compensatory, direct, consequential, incidental, indirect, special, or punitive damages, as well as lost profits, goodwill, data loss, business interruption, accuracy of results, or computer failure or malfunction, even if we were advised of the possibility of such damages.

We are not liable to you for any indirect, consequential, incidental, exemplary, or special damages, regardless of cause, in connection with these terms. However, the maximum total liability of Conficlaim Platforms Private Limited (whether in contract, negligence, or otherwise) under these terms for all damages is limited to INR Five Thousand (INR 5000). No claim against Conficlaim Platforms Private Limited may be made more than one (1) year after the facts giving rise to the claim occurred. These limitations of liability and exclusions of damages are fundamental to these terms and apply even if any limited warranty or remedy fails its essential purpose.

E. Limitation of Service Provider’s Liability

ClaimDone is not liable for reasonable delays in performing the service, which are generally beyond the Service Provider's capabilities. The reasonableness of such delays will be assessed on a case-by-case basis.

F. Force Majeure

We are not responsible for delays in our service due to force majeure events beyond our control, such as fire, floods, earthquakes, strikes, utility unavailability, power outages, acts of God, declared or undeclared war, regulatory actions, or natural disasters.

G. Copyright and Trademark Infringement Procedure

ClaimDone respects intellectual property and expects the same from its users. We reserve the right to terminate accounts or restrict website access for users who violate others' intellectual property rights.

If you believe your work has been unlawfully posted on our website, please email us at support@claimdone.com with the following details:

  • Identification of the copyrighted or trademarked work being infringed.
  • Description of the infringing material and its location on our platform.
  • Statement of your good faith belief that the use is unauthorized.
  • Your contact information.
  • Your electronic or physical signature.
  • A statement under penalty of perjury affirming the accuracy of your report and your ownership or authority to act on behalf of the owner.

Only the intellectual property rights owner can report potential infringements through our system. If you're not the owner, please contact them to follow the appropriate procedures.

H. Changes to or Termination of Website

1. ALTERATION OR HALT OF WEBSITE

ClaimDone reserves the right to alter or cease, temporarily or permanently, the Website/Platform (or any part of it) at any time and without prior notice, exercising its sole discretion. By using ClaimDone’s Services, you agree that ClaimDone shall not be held liable to you or any third party for any changes, suspensions, or discontinuations of ClaimDone’s Services.

2. TERMINATION BY CLAIMDONE

You acknowledge and agree that ClaimDone, at its sole discretion, has the right (but not the obligation) to delete, terminate, or deactivate your Account, block your email or IP address, revoke authorization, or otherwise end your access to or participation in the use of the Website (or any part of it), or delete any Submitted Content on the Website/Platform (“Service Termination”), immediately and without prior notice, for any reason, including Account inactivity or if ClaimDone believes or has reason to believe that you have violated any provision of the Terms of Use.

3. TERMINATION BY YOU

You have the option to end your use of the Website and/or terminate the Terms of Use at any time, with or without reason, by following the link in your Account to deactivate your account.

4. TERMINATION CONSEQUENCES

When your Account is terminated, your privileges on the Website end, including the ability to offer or purchase services and to receive any associated fees or rewards like referral discounts or bonuses. This termination is automatic and is contingent upon your compliance with the Terms of Use, maintaining an active Account, and participating within the allowed parameters of the Website. Upon Service Termination, your Account will be deactivated, denying access to your Account, files, or stored data. Some residual data may persist in ClaimDone's system.

If your use of the Website/Platform has not been previously cancelled or terminated by ClaimDone, and you provided a valid email during registration, you will receive email notification of termination or cancellation, effective immediately upon ClaimDone's notification.

Upon Service Termination, the following actions take place: all granted licenses cease, and you must promptly delete all copies of ClaimDone's Data, Marks, and other content in your possession. ClaimDone is not liable to you or any third party for access termination. ClaimDone retains the right to internally analyze and archive data collected from your usage for the purposes mentioned, and related licenses granted to ClaimDone remain in effect for these purposes.

You agree to indemnify and hold ClaimDone, its officers, affiliates, directors, and others harmless from any claims or demands, including legal fees, arising from Service Termination.

I. Intellectual Property Rights

1. ALL DATA AND TRADEMARKS DISPLAYED ON THE WEBSITE ARE EITHER OWNED BY CLAIMDONE OR HELD UNDER LICENSES BY CLAIMDONE.

The content featured on the Website/Platform, including but not limited to text, software, scripts, graphics, photos, sounds, music, videos, interactive features, and similar materials ("Data"), as well as the trademarks, service marks, and logos included therein ("Marks"), are the property of ClaimDone. Any other trademarks, names, and logos appearing on this Website/Platform belong to their respective owners.

The Data provided on the Website/Platform is intended for your personal use and information only and may not be utilized, copied, reproduced, distributed, transmitted, broadcasted, displayed, sold, licensed, or otherwise exploited for any purposes without the prior written consent of the relevant owners. ClaimDone reserves all rights not explicitly granted in relation to the Website/Platform and its Data.

You agree not to use, copy, or distribute any Data except as expressly permitted here, including any commercial use of content obtained through the Website. If you download or print Data for personal use, you must maintain all copyright and proprietary notices contained therein. Additionally, you agree not to bypass, disable, or interfere with security features of the Website or features that limit or prevent the use or copying of Data or impose restrictions on the Website/Platform or its Data.

2. CLAIMDONE'S LICENSE TO YOU FOR DATA AND MARKS USE

The Website/Platform features Data and Marks owned by ClaimDone, which are or may be protected by various laws such as copyright, trademark, patent, trade secret, and others. ClaimDone retains all rights to its Data and Marks. Subject to these Terms of Use, ClaimDone grants you a limited, revocable, non-transferable, non-sublicensable license to reproduce and display ClaimDone's Data (excluding any software source code) solely for your personal use in connection with accessing and participating in the Website/Platform.

The Website/Platform may also include Data from other users or licensors, which you are prohibited from copying, modifying, translating, publishing, broadcasting, transmitting, distributing, performing, displaying, or selling.

J. Jurisdiction and Dispute Resolution

This contract will be interpreted and governed by Indian law, disregarding any conflicting legal principles.

In the event of a disagreement related to this contract or its execution, the involved parties will adhere to the following procedure:

  • A written notice outlining the dispute's nature and details ("Dispute Notice") along with pertinent supporting documents shall be provided by either party to the other. Upon receiving the Dispute Notice, both parties will make a good-faith effort to resolve the dispute.
  • If, for any reason, the dispute remains unresolved within thirty (30) days of receiving the Dispute Notice, either party may opt for arbitration by a sole arbitrator in accordance with the Arbitration and Conciliation Act, 1996. The arbitration will take place in Delhi, and English will be the language used. Should the parties fail to agree on an arbitrator within thirty (30) days of one party's request to do so, the Chief Justice of the High Court or a designated entity will appoint the arbitrator following Section 11(5) of the Arbitration and Conciliation Act, 1996.

Apart from the above provisions, any matters arising from this contract will be under the exclusive jurisdiction of Delhi's courts, to which the parties irrevocably submit.

K. Indemnification

Each party commits to indemnify, defend, and hold harmless the other party, its subsidiaries, affiliates, agents, officers, employees, and assignees from all liabilities, expenses (including legal fees), damages, and claims of any kind resulting directly or indirectly from a breach or failure to fulfill obligations under this contract.

You are liable for any legal proceedings arising from your failure to meet the obligations as specified in this contract. You will also indemnify us for any delays or inability to deliver services, resulting in us compensating the service user for their losses. Additionally, you will indemnify us if we breach any laws or regulations due to your fault or the fault of your services.

This indemnification clause remains effective even after the termination or cancellation of this contract.

L. Notice

ClaimDone may send you notices, including updates to the Terms of Use, via email, regular mail, or postings on the Website/Platform.

M. General Terms

1. Complete Terms of Use

The Terms of Use, along with the Privacy Policy and any other legal notices or Additional Policies on the Website/Platform, form the complete agreement between you and ClaimDone regarding the Website/Platform. If a court deems any provision of the Terms of Use invalid, it will not affect the validity of the remaining provisions, which will remain in effect.

2. No Waiver

No waiver of any provision in these Terms of Use will be considered a further or continuing waiver, and ClaimDone's failure to enforce any right or provision does not waive that right or provision.

3. Statute of Limitations

Any legal claim related to the Website/Platform must be filed within one year after it arises, or it will be permanently barred.