Terms and Conditions
I understand, agree and declare that -
I have read and understood the product and understood the content of the proposal form. I have read the entire text, features, disclosures, terms and conditions while applying for insurance on-line. That the questions in this application and all the information given by me or on my behalf in this application is true and I have not withheld any material fact within my knowledge. I consent to HDFC Standard Life Insurance Company Ltd. (hereafter referred to as 'the company') seeking medical information from any doctor who at any time has attended me concerning anything which affects my physical or mental health or seeking information from any insurance office to which an application has been made for insurance on my life and I authorize the giving of such information to a central agency. In the event of my being medically examined, the answers given by me to the medical examiner acting on behalf of the company shall be deemed to be incorporated in this application. That these statements, any information sought by the company from any person authorized by me to provide such information, all declarations, affidavits and other statements made by me and relied upon by the company to assess the risk on life to be assured under this application shall form the basis of the contract of assurance between myself and the company and shall be the basis of assessment, assumption and acceptance of risk by the company. If any statement/information made/given by me to you or to any other person in connection with this application are inaccurate or false, or are found to be inaccurate or false, or if there has been any non - disclosure, withholding or suppression of any fact pertaining to me or my health condition, physical or mental, or pertaining to financial position, as at the time of application the company shall have the right to vary the benefits under the insurance policy or cancel the policy immediately by paying the applicable surrender value. HDFC Standard Life Insurance Company Ltd. has the right either to accept or reject a proposal without giving reasons thereto and I undertake that there shall be no costs, claims, charges being raised by me against the company thereof. I undertake to notify the company any changes in my health condition or my financial condition between the date of this application and prior to acceptance of the risk by the company.
I understand the significance of the contract and that the contract will be governed by the provisions of the Insurance Act, 1938 and the Indian Contract Act, 1872, and that the same will not commence until written acceptance of this application by the company is received by me. That the premium payable as well as the sum assured (main as well as additional benefits) may vary upon assessment of risk by the company. That the company shall be entitled to retain the premium paid along with this application as an interest free initial deposit to be adjusted against premium payable upon issue of the policy. In the event of the application not being accepted by the company the deposit shall be refunded without any interest. That any statutory levy, taxes or charges including any indirect tax may be charged to me/us either now or in future by the company and I agree to pay the same. I confirm that I have received the sales illustration provided by the company in the prescribed manner and that I have read and understood the same and further understand and accept the investment rate and that the rates assumed therein are not guaranteed. All/any amounts paid/payable towards this policy will be out of legally declared and assessed sources. Amounts paid, otherwise than from my account shall be permitted only if an insurable interest can be established. I will provide information required by the company, on its own or under any lawful instruction/ order, regarding sources of funds/utilization/withdrawals. Online premium payment should be made by the policyholder himself. No third party payment should be made using this mode of payment. I agree to any of the information provided by me in the proposal form, annexures thereto and the results of medical tests, if any, being made available by HDFC Standard Life Insurance Company Limited to any statutory authority or reinsurer(s), as well as to any other person for the purposes of assessing/processing any claim arising under the insurance policy. I agree that the company can peruse my financial profile and it can cancel this contract if I am found guilty under any laws directly/indirectly relating to anti money laundering. Irrespective of me filling this form or not, I declare and agree that, my signature affixed below stand proof of me being bound by the contents of this form and the information provided herein.
Extracts of Insurance Act, 1938.
Section 45 - Disclosure of material information: No policy of life insurance effected before the commencement of this Act shall after the expiry of two years from the date of commencement of this Act and no policy of life insurance effected after the coming into force of this Act shall, after the expiry of two years from the date on which it was effected be called in question by an insurer on the ground that statement made in the proposal or in any report of a medical officer, or referee, or friend of the insured, or in any other document leading to the issue of the policy, was inaccurate or false, unless the insurer shows that such statement was on a material matter or suppressed facts which it was material to disclose and that it was fraudulently made by the policy-holder and that the policy-holder knew at the time of making it that the statement was false or that it suppressed facts which it was material to disclose:
Provided that nothing in this section shall prevent the insurer from calling for proof of age at any time if he is entitled to do so, and no policy shall be deemed to be called in question merely because the terms of the policy are adjusted on subsequent proof that the age of the life insured was incorrectly stated in the proposal.
Section 41 - Prohibition of rebates (1) No person shall allow or offer to allow, either directly or indirectly, as an inducement to any person to take or renew or continue an insurance in respect of any kind of risk relating to lives or property in India, any rebate of the whole or part of the commission payable or any rebate of the premium shown on the policy, nor shall any person taking out or renewing or continuing a policy accept any rebate, except such rebate as may be allowed in accordance with the published prospectuses or tables of the insurer: Provided that acceptance by an insurance agent of commission in connection with a policy of life insurance taken out by himself on his own life shall not be deemed to be acceptance of a rebate of premium within the meaning of this sub-section if at the time of such acceptance the insurance agent satisfies the prescribed conditions establishing that he is a bona fide insurance agent employed by the insurer. (2) Any person making default in complying with the provisions of this section shall be punishable with fine which may extend to five hundred rupees.
The rules and regulations of Insurance Regulatory and Development Authority & Insurance Repository pertaining to an e-Insurance Account which are in force now have been read by me and I have understood the same and I agree to abide by and to be bound by the rules as are in force from time to time for such e-Insurance Account. I hereby declare that the particulars given herein are true, correct and complete to the best of my knowledge and belief, the documents submitted along with this application are genuine and I am not making this application for the purpose of contravention of any Act, Rules, Regulations or any statute or legislation or any Notifications, Directions issued by any governmental or statutory authority from time to time. I authorize the Insurance Repository to send any policy and account related information through email and SMS on the contact details given by me. In case of any physical policies being issued by the Insurance Company from whom I obtain an epolicy, the address in the e-Insurance Account shall override the address provided for the physical policies. I understand that all the communication relating to any physical/ e-policy will be sent to the address registered with the Insurance Repository. I agree to inform the Repository of any changes in the details mentioned in this form and in case of delay the said repository shall not be liable in case it acts on the said information which has not been updated. Further, in case I update the details with the Insurance Company, I authorize them to submit the same to you for update in the e-Insurance Account and the said update will be applicable to all policies of any insurer that I hold/ will hold in the said account. I authorize the Repository to pass on the information to any Insurance Company that I have approached for availing of insurance cover.
I further agree that any false / misleading information given by me or suppression of any material fact will render my e-Insurance Account liable for termination and further action.
I hereby authorize the Insurance Repository / Insurance Company to disclose, share, remit in any form, mode or manner, all / any of the information provided by me to the respective Insurance Companies and / or to their authorised agents and representatives in which I may transact / have transacted including all changes, updates to such information as and when provided by me.
I hereby agree to provide any additional information / documentation that may be required by the Authorized Parties, in connection with this application. I hereby confirm that this is a unique e-Insurance Account opening application and I have not applied to the same Insurance Repository or any other Insurance Repository for an e-Insurance Account in the past.
I would like to receive my insurance policy and all the information related to the proposed insurance policy through Insurance Repository. I am aware the details furnished by me, including KYC documents, in/alongwith the proposal form will be used to open the eIA. I hereby give my consent for the same.
i. constitute a legal agreement between you and HDFC Life in connection with your use of the Whatsapp Service.
ii. be applicable with effect from the day on which these Terms and Conditions are accepted by you or from the time you use the Whatsapp Service for the first time.
iii. supersede all previous oral and written terms and conditions with respect to the use of the Whatsapp Service.
HDFC Life retains the right to withdraw, discontinue or terminate the Whatsapp Service without prior notice and without any liability whatsoever.
2. For the purposes of these Terms and Conditions, "Whatsapp Service" shall mean and include the use of Whatsapp by any individual for any sort of communication or sharing of information with HDFC Life. These Terms and Conditions are specific to your use of the Whatsapp Service only.
3. By using the Whatsapp Service, you acknowledge that you:
i. have read and understood the Terms and Conditions;
ii. are an Indian citizen and more than 18 years of age;
iii. have the right, authority and capacity to use the Whatsapp Service; and
iv. agree to be legally bound by the Terms and Conditions.
4. Account: You shall be responsible to ensure the security of your Whatsapp account. HDFC Life shall not assume any liability for any breach of security or unauthorized use of your Whatsapp account. You agree to immediately notify us in the event that you become aware of any unauthorized use of your handset or of any other breach of security related to the Whatsapp Service. You shall be liable for any loss caused to HDFC Life by unauthorized use of Whatsapp Service.
5. You affirm, represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to share content through Whatsapp. HDFC Life would like to inform you that no data transmission over the internet or data storage system is completely secure. HDFC Life does not take responsibility for the security of content and subsequent use of the content submitted by you through the Whatsapp Service. HDFC Life does not guarantee any Confidentiality with respect to the content shared by you through Whatsapp.
6. You are not permitted to submit content through Whatsapp that will:
i. be threatening, harassing, blasphemous, derogatory, defamatory, pornographic, obscene, pedophilic, hateful, racially or ethnically objectionable, violative of another’s privacy, spam or abusive towards any person, community or political or religious group; or
ii. contain violence, including violence against animals; or
iii. contain third party copyrighted material; or
iv. harm minors in any way; or
v. violate any law/ regulation for the time being in force; or
vi. contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or
vii. threaten the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or cause incitement to the commission of any cognizable offense or prevent investigation of any offense or is insulting any other nation; or
viii. make unsolicited communication to any person.
7. You shall only use the phone number registered with HDFC Life for sending any communication or information or images through Whatsapp Service.
8. You agree to be bound by the communication or information or images sent by you through Whatsapp to HDFC Life.
9. You agree to send images/scan copies in the format and quality specified by HDFC Life.
i. These Terms and Conditions shall exclusively be governed by the laws of India.
ii. If you use the Whatsapp Service from anywhere outside India, you acknowledge that such use is subject to Indian law. You agree that the level of data security in India may be different from that in of the country where you use the Whatsapp Service, and waive any claims that may arise under any jurisdiction other than India.
11. Use of information:
i. Any information that we collect from you may be used for a variety of purposes including but not limited to the following:
To respond to your inquiries and fulfill your requests.
To improve our customer service.
To comply with applicable laws and legal processes or statutory/regulatory/ HDFC Life’s requirements.
To respond to requests from public or government authorities.
To enforce our terms and conditions.
To protect our rights, privacy, safety or property, or that of our affiliates, service providers, you or others.
To allow us to pursue available remedies or limit the damages that we may sustain.
ii. HDFC Life reserves the right to exchange, share or provide the information relating to your personal details and information with other HDFC Life Group Companies or Statutory Bodies as required.
iii. HDFC Life also retains the right to share non-personally identifiable information to comply with applicable legal and regulatory processes, or to protect and defend the rights and interests of HDFC Life and its affiliates and/or other users or to enforce these Terms and Conditions.
iv. HDFC Life may use third-party service providers that provide hosting, data storage and other services pursuant to standard terms and conditions that are generally non-negotiable. HDFC Life may be unable to impose contractual obligations on them with respect to the measures they use to protect personal information. HDFC Life shall not be responsible for the data security measures of any third parties.
12. Warranty Disclaimer: The use of the Whatsapp Service shall be at your sole risk and expense. HDFC shall not be responsible for:
i. any personal injury or property damage or loss, of any nature whatsoever, resulting from your use of the Whatsapp Service; or
ii. any interruption or technical issue in the Whatsapp Service; or
iii. any bugs, or the like, which may be transmitted to or through the Whatsapp Service by any third party.
In no event shall HDFC Life, its officers, directors, employees, or agents be liable for any losses, expenses or consequential damages whatsoever resulting from your use of the Whatsapp Service.
13. You shall, indemnify, defend and hold harmless HDFC Life and its officers, directors, employees, representatives, agents, respective directors, and assigns from and against all claims, losses, damages, fines, penalties, costs, expenses, and liabilities (including, without limitation, attorneys' fees), arising from or relating to:
i. a breach of any of the Terms and Conditions; or
ii. a breach of any applicable laws; or
iii. violation of rights of any third party; or
iv. misrepresentation with respect to your age or citizenship.
i. Any dispute, claim or controversy arising out of or relating to the Terms and Conditions, including the determination of the scope or applicability of the Terms and Conditions, or your use of the Whatsapp Service, shall be determined by Arbitration in India, before a sole arbitrator to be appointed by MD and CEO of HDFC Life. Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. The seat of such arbitration shall be Mumbai. All proceedings of such arbitration, including, without limitation, any awards, shall be in the English language. The award shall be final and binding on the parties to the dispute.
ii. Subject to Clause 14(a), for any dispute arising out of or in relation to the Whatsapp Service, the courts in Mumbai shall have exclusive jurisdiction.
iii. If any term is held unenforceable by law, the remaining Terms and Conditions shall continue to remain in force.
iv. No provision of these Terms and Conditions shall be deemed to be waived and no breach excused, unless such waiver or consent shall be in writing and signed by HDFC Life.
v. These Terms and Conditions constitute the entire agreement between you and HDFC Life with respect to the Whatsapp Service.
vi. HDFC Life reserves the right to discontinue the Whatsapp Service, or any part of it, at any time.