HDFC International Life and Re Company Limited, IFSC Branch - Terms & Conditions
1. Regulatory Status
- The IFSC Branch is registered in the IFSC as an overseas branch of the Company, a Company incorporated and regulated by the Dubai Financial Services Authority, Dubai, UAE. The IFSC Branch is regulated by the IFSCA and is authorised to effect, issue and carry out contracts of insurance in the Life and Health insurance categories in accordance with the rules and regulations of the IFSCA.
- IFSC Branch may offer all or part of the Services to the Client from time to time at its discretion in accordance with the terms and conditions set out in this Terms (defined hereinafter) and the applicable law, rules, and regulations and the Client confirms its acceptance of these terms and conditions.
2. General Terms
- Following are the general terms, conditions and rules ('Terms'), which shall be applicable to the Services provided by the IFSC Branch for all its Life and Health insurance products and such other activities including insurance activities as may be offered by the IFSC Branch, at its discretion, from time to time (collectively referred to as 'Activity(ies)') and to the other Services as may be offered by the IFSC Branch from time to time.
- The Terms may be read as a stand-alone document or may be read with such other documents/terms as may apply to a particular Activity/Service(s)/ situation /circumstance / transaction. These Terms are in addition to the terms and conditions as may be specified in any document/product note/brochure/policy documents etc. as applicable to a particular Activity/ Service(s)/ situation/ circumstance/ transaction and that the Terms and such other documents/terms as may apply to a particular Activity/Service(s)/situation/circumstance /transaction shall be binding on the Client.
- These Terms, as amended, modified, updated and/or substituted, from time to time, shall be available on the Website at https://www.hdfclife-international.com . The Client acknowledges and agrees that the IFSC Branch may at its sole discretion add to, modify or amend the Terms (including the Charges) from time to time and the modified Terms will be available on the Website. The Terms as stated herein are not exhaustive and shall be read in conjunction with the terms and conditions applicable to specific product and Services as may be provided by the IFSC Branch to the Client. The IFSC Branch/Company reserves the right, at any time, without previous notice to add, alter, modify, change or vary all or any terms and conditions/Terms, or to replace, wholly or in part, this offer by another offer, whether similar to this offer or not, or to extend or withdraw it altogether. In case of any inconsistency between specific terms applicable to any particular Service and/or product and the Terms, the specific terms and conditions applicable to respective Service(s) and/or product(s) shall prevail over these Terms.
- The IFSC Branch may publish notices of general nature, which are applicable to the Clients on Website or in any other mode as may be decided by the IFSC Branch. Such communication and notices would have the same effect as a notice served individually to each Client. The IFSC Branch may be required to abide by the rules and regulations of self-regulatory bodies, to which the IFSC Branch is or maybe affiliated, statutory/regulatory authorities and the Client agrees that he may also be required to abide by such rules and regulations as may be advised/specified.
- The Client agrees that effecting, issuing and carrying out contracts of insurance in the Life and Health insurance categories and availing of Services is subject to the rules and regulations introduced or amended from time to time by the IFSCA or any other applicable authority.
- The Client's Account/Policy and Service(s) is governed by various policies of the IFSC Branch and other important information which are amended from time to time as per directives from the IFSCA. These can be accessed on the Website at https://www.hdfclife-international.com.
- In the Terms, all the capitalized words and phrases have the meaning stated hereunder unless indicated otherwise:
- 'Account Holder' shall mean a Client holding an Insurance Policy/Insurance Contract, and having a client relationship with the IFSC Branch. For the sake of convenience, Account Holder is being referred to in the masculine gender, the reference shall be deemed to include feminine gender also.
- 'Alerts' mean messages, VoIP including WhatsApp sent to the Client over Electronic Media, triggered by occurrence of certain events in respect of Client's Account, Services or otherwise.
- 'Company' or 'HDFC International' shall mean HDFC International Life and Re Company Limited and its branches, including the IFSC Branch and includes, unless it is repugnant to the context or meaning thereof, its officials, employees, representatives, successors, who are affiliated or associated with the Company for any purpose, in relation to any of the Activities or provision of Services or any other operations of the Company.
- 'Business Hours' means the time period for which the IFSC Branch is open for business on the Working Days.
- 'Charges' shall mean all charges, fees, interest, costs levied by the Company/IFSC Branch under/ pursuant to any law with respect to any Activity and/or Services and/or otherwise on the Client and includes government charges, duties or debits or tax payable.
- 'Client ID' means the Client Relationship Number that is allocated by the IFSC Branch to each Client for the purpose of identification and operating the account.
- 'Client' or 'Policyholder' refers to the person or person(s) (including Account Holder) (i) in whose name the account(s) with the IFSC Branch are existing, or may be opened (changed) now/any time in future; (ii) to whom the Service(s) are made available, wherever applicable, and includes both singular and plural; (iii) to whom different Life and Health insurance products are made available by the IFSC Branch, at its sole discretion, from time to time; (iv) any other person or person(s) that the IFSC Branch may consider as a Client at its sole discretion. For the sake of convenience, Client or Policyholder is being referred to in the masculine gender, the reference shall be deemed to include feminine gender also.
- 'Electronic Banking' means all financial transactions and Services over any Electronic Media, carried/availed by the Client and, in its sole discretion, provided by the IFSC Branch, including but not limited to Net Banking.
- 'Electronic Media' means Internet, email and such other medium as maybe introduced by IFSC Branch from time to time.
- 'Financial Transaction' shall mean all the transaction(s)/any fund transfer service to send or receive money through Electronic Banking including Online Payment Gateways portal and/or through Society for Worldwide Interbank Financial Telecommunications ('SWIFT') system and/or through such other means as the IFSC Branch may permit from time to time.
- 'Force Majeure' includes fortuitous event, fire, floods, storm, explosions, earthquake or any other acts of God, any acts of the government/semi-governmental/local authority including laws, decrees, ordinances and governmental regulations affecting the business of the IFSC Branch, civil disturbances, wars, war like situations, epidemics, pandemics, riots and insurrections, acts of public enemy, strikes and lockouts, transportation stoppages or slowdowns.
- 'IFSCA' means International Financial Services Centres Authority.
- 'IFSC' means International Financial Services Centre regulated by the IFSCA.
- 'IFSC Branch' means HDFC International Life and Re, IFSC Insurance Office (IIO), GIFT City, IFSC/overseas branch of HDFC International Life and Re Company Limited, a branch office registered under the laws of the IFSCA, and having its branch address at, Office No. 213, Hiranandani Signature, Second Floor, Block 13B, Zone 1, GIFT SEZ, GIFT City, IFSC, Gandhinagar - 382355, Gujarat, India, and licensed and regulated by the IFSCA.
- 'IFSC Branch Holiday' means all Saturdays and Sundays, and the day(s) required to be closed by the IFSCA. For Policy Servicing requests, our Call Centre(s) are working on Saturdays except Indian National Holidays.
- 'Internet' refers to a network of computers and other electronic devices that share and exchange information and is at once a worldwide broadcasting capability, a mechanism for information dissemination, a medium for collaboration and interaction between individuals and their computers without regard for geographic location.
- 'Password' means and includes any randomly generated secret and confidential code, allotted by the IFSC Branch to the Client and/or selected by the Client and/or subsequently changed by the Client as per his choice, for operating the Account and/or to avail specified Services through Electronic Media.
- 'Personal information' shall mean any information about the Client/Account Holder/User provided by the Client/Account Holder/User to and obtained by IFSC Branch in relation to any Activity(ies) or Service(s) as provided or maybe provided by the IFSC Branch, at its sole discretion, from time to time.
- 'Service(s)' includes Service(s) through Electronic Media or services related to the Account or any other services as may be offered by the IFSC Branch, from time to time, at its sole discretion, to all or some of its Clients in entirety or part thereof.
- 'Service(s) through Electronic Media' means the facilities or services offered/to be offered by the IFSC Branch over Electronic Media, at its sole discretion, to carry out various transactions or to avail information.
- 'Technical Snags' includes any problems and difficulties arising due to routine maintenance requirements, excess demand, power and electricity failure, computer errors, programming errors, software or hardware errors, computer breakdown, Internet or network failure, faults in the telecommunications network, non-availability of Internet connection, communication problems between the IFSC Branch's server and Client's computer network, shutting down of the Company's server or Website, non-availability of communication links, corruption of the computer software, snags in the service providers infrastructure and telecommunication network, and arising due to any other technology related snags; any problems and difficulties for any reasons whatsoever including but not limited to natural calamity, floods, fire and other natural disasters, legal restraints or any other problem or difficulty beyond the control of the Company.
- 'User' shall mean and includes the existing Account Holder of IFSC Branch who is availing services. For the purposes of this document, all references to the User in masculine gender shall be deemed to include feminine gender also.
- 'Website' means the website of the IFSC Branch including the web page, as updated from time to time at the following link on the website of the IFSC Branch: https://www.hdfclife-international.com.
- 'Working days' means the days, which are not IFSC Branch Holidays.
- The Client irrevocably and unconditionally authorizes the IFSC Branch to access his Account/Policy details and/or the Personal information registered while authentication, for availing the Service(s) including effecting, issuing and carrying out contracts of insurance or other transactions of the Client.
- The Client expressly authorizes the IFSC Branch to disclose to the service provider or any other third party, all Client information in its possession, as may be required by them to provide the Service(s) offered to the Client.
- The authority to record the Client's details and transaction details is hereby expressly granted by the Client to the IFSC Branch.
- The Client authorizes the IFSC Branch to send any email or display banners or update the Website or any other communication on the products and/or any other Service(s) page on the Website to inform him about any promotional offers including information regarding IFSC Branch's new products either now available or which the IFSC Branch may come up with in the future, greetings, banners or any other promotional messages or any other message that the IFSC Branch may consider appropriate for the Client.
- The Client irrevocably and unconditionally agrees that such promotional offers made by the IFSC Branch and/or its authorized brokers and/or agents shall not be construed as a breach of the privacy of the Client and shall not be proceeded against accordingly.
- The Client authorizes the IFSC Branch to send any rejection message or to reject any transaction/request, if it finds that the request sent by the Client is not as per the requirements stipulated by IFSC Branch for availing the Service(s).
- The IFSC Branch shall have the option to introduce any new Service(s) at any time in future and the Client shall be deemed to have expressly authorized the IFSC Branch to register the Client for such new Service(s).
5. Liabilities and Responsibilities of the Client
- The Client shall be responsible for the accuracy and authenticity of any information/instructions provided by the Client for availing any Service(s).
- The Client shall also be responsible to comply with the applicable Anti-Money Laundering (AML) norms as stipulated by the IFSCA and/or applicable laws from time to time.
- If the Client suspects that, there is an error in the information supplied to the IFSC Branch, he shall inform the IFSC Branch immediately. The IFSC Branch will endeavour to correct the error promptly, wherever possible, on a reasonable effort basis.
- The Company and the IFSC Branch shall not be held liable for any loss suffered by the Client due to disclosure of the Personal information to any service provider or third party by the IFSC Branch, for reasons including but not limited to participation in any telecommunication or electronic clearing network, in compliance with any legal or regulatory directives, for statistical analysis or for credit rating or for any legal or regulatory compliance or otherwise.
- The Client shall be solely responsible for protecting his Passwords and for maintaining secrecy of his Account details for the use of the said Service(s).
- The Client shall be liable to the IFSC Branch for any kind of unauthorized or unlawful use of any of the above mentioned Passwords or of the said Service(s) or any fraudulent or erroneous instruction given by the Client or otherwise and any financial charges thus incurred shall be payable by the Client only.
- The Client accepts that for the purposes of the said Service(s), any transaction emanating from the Service(s) registered in the name of Client shall be assumed to have initiated by the Client at his sole discretion.
- It is the sole responsibility of the Client to request the IFSC Branch, to suspend the said Service(s) due to change of his registered email address or if the email is hacked or otherwise. The Client shall also be obliged to inform the IFSC Branch of any unauthorized transaction in his Account, of which he has knowledge.
- It shall be the responsibility of the Client to update himself with regard to any information relating to the Service(s) as the IFSC Branch may decide to provide certain other additional services. The IFSC Branch shall not be responsible for any disregard on the part of the Client.
- The Client shall agree that by use of the Service(s), he shall be deemed to have accepted and agreed to all the Terms and such Terms and conditions shall be binding on the Client in the same manner as if he has agreed to the same in writing.
6. Terms of Service
- The Account Holder irrevocably and unconditionally authorizes the IFSC Branch to debit or credit his Account(s) with the IFSC Branch registered for availing the Service(s).
- For the purpose of availing this Service(s), the Client shall take all necessary precautions to prevent unauthorized and illegal use of Electronic Banking and/or any other Service(s) offered by the IFSC Branch.
- The Client will be required to register his details including Account details for availing any Service(s) and to send and receive the funds through the said Service(s).
- The Client shall be responsible for maintaining the confidentiality of Password and for all the consequences which may arise due to use or misuse of such Password.
- The Client shall not use/access Service(s) offered in any manner other than as authorized by the IFSC Branch. In case the Client uses the Service(s) for any purpose which is illegal, improper or which is not authorised under these Terms/other specified terms & conditions, then the IFSC Branch has a right to take all reasonable measures in order to prevent such unauthorised access by the Client.
- The Client confirms that, any instructions given by him shall be effected only after validation of authentic Password/ response to security question used by him or through any other mode as maybe prescribed and allowed by the IFSC Branch, for availing such Service(s).
- The Client agrees and confirms that, once the Financial Transaction is materialized, any stop Payment Instructions given by him cannot be accepted and acted upon by the IFSC Branch. The Client shall, at all times, while utilizing the Service(s) ensure that:
- He has authority to access and avail the Services obtained and shall duly comply with the applicable laws and regulations prevailing in IFSC.
- He shall provide IFSC Branch with such information and/or assistance as is required by IFSC Branch for the performance of the Service(s) and /or any other obligations of the IFSC Branch under this Service(s).
- He shall be responsible for providing the accurate and authentic information/instructions to the IFSC Branch for availing such Service(s).
- He shall not at any time provide to any person, with any details of Policy(ies) held by him with the IFSC Branch or any other IFSC Insurance Office including the Passwords, Account number, which are allotted, from time to time and shall not provide to any person with any details of Service(s) availed by him with the IFSC Branch or any other IFSC Insurance Office including the Password used by him for availing such Service(s).
- The Client agrees that the IFSC Branch shall not be responsible in respect of:
- Any transactions carried out under the service in good faith relying on Client's instructions and information provided.
- Not carrying out transactions where the IFSC Branch has reason to believe in its sole discretion that the instructions are not properly authorised, genuine or are otherwise unclear, improper, vague or doubtful.
- For any loss or damage incurred or suffered by the Client for any error, defect, failure or interruption of the Service(s) or consequences arising out of delayed transfer/remittance and for any reason which is beyond the control of the IFSC Branch.
- Unauthorized access of any third party to the information/instructions given by Client to third party using said Service(s).
- For any direct, indirect, or consequential damages occurred to Client while availing any Service(s), arising out of any error in the Service(s) and which are beyond the control of the IFSC Branch.
- Any loss, damage, liability caused or suffered by Client due to disclosure of all information of confidential nature.
- Client agrees that Charges, if any, for the Service(s) offered by the IFSC Branch will be at the sole discretion of the IFSC Branch and the IFSC Branch is at the liberty to withdraw/modify/vary the same from time to time, without giving any notice to the Client.
- The Client shall remain responsible for any and all the transactions made through the Service(s). The IFSC Branch may withdraw or terminate the Service(s) anytime or in case of breach of terms by Client without a prior notice; or if the IFSC Branch learns of demise, bankruptcy or lack of legal capacity of the Client or for any reason whatsoever.
- The Client agrees to indemnify, defend and hold harmless the IFSC Branch, Company and its directors, officers, owners, agents, co-branders or other partners, employees, information providers, licensors, licensees, consultants, contractors and other applicable third parties (collectively 'Indemnified Parties') from and against any and all claims, demands, causes of action, debt or liability, including reasonable attorney's fees, and costs incurred by the Indemnified Parties arising out of, related to, or which may arise from:
- any breach or non-compliance by Client of any term of these Terms or any other additional terms & conditions and policies of the IFSC Branch
- any dispute or litigation caused by Client's actions or omissions
- any negligence or violation or alleged violation of any law or rights of a third party by the Client.
- The IFSC Branch may provide all or part or few of Service(s), directly or through its associates or contracted service providers or any other partner agency on its behalf.
- The Client acknowledges that he has read, reviewed and understood these Terms.
- The Client unconditionally agrees to abide by the Terms and all the applicable laws including rules and regulations of the IFSCA or any other regulatory/statutory authority, and all applicable laws and regulations of Client's home country, as may be prescribed and as may be amended from time to time. The Client also acknowledges that the Account or Service(s) that are offered to the Client are not assignable/ transferable to any third party under any circumstances and shall be used only by the Client.
8. Accuracy of Personal Information
- The Client is responsible for the correctness of information supplied to the IFSC Branch from time to time.
- If the Client has reason to believe that there is an error in the information furnished to the IFSC Branch, he shall immediately advise the IFSC Branch in writing. The IFSC Branch and the Company shall not be liable for any consequences arising out of erroneous or misleading, incorrect, untimely or incomplete information or any discrepancy in the information furnished by the Client.
9. Correspondent Bank Relationships
IFSC Branch may use the service of correspondent banks to provide certain Service(s). IFSC Branch will take due care to protect the interest of the Client, but the IFSC Branch and/or Company shall not be responsible if there are any losses/liabilities which arise as a result of any act or omission of the correspondent bank.
10. Disclosure of Information
- Client hereby irrevocably agrees to and consents that the IFSC Branch may disclose at any time and share with or in any manner make available to any agencies, bureaus, affiliates, companies, firms, associations, corporate bodies and other persons including any outside agencies any information of the Client as may be required in strict confidence.
- Client further agrees that the IFSC Branch may hold and process his Personal information on computer or otherwise in connection with any Service(s) for statistical analysis and credit scoring. The Client also agrees that the IFSC Branch may disclose in strict confidence to other institutions such Personal information as may be necessary for reasons inclusive but not limited to (i) participation in any telecommunication or electronic clearing network (ii) in compliance with a legal or regulatory directive/instruction (iii) for credit rating by a credit rating agency (iv) for fraud prevention purposes.
11. Services Through Electronic Media
- Service(s) through Electronic Media are provided by the IFSC Branch at its sole discretion and only as a convenience to the Client. The Client may avail the Service(s) at his own risk. In addition to these Terms, Client shall comply with the guidelines for the use, access and operation of the Service(s) through Electronic Media as may be issued by the IFSC Branch from time to time.
- Availing of any Service(s) through Electronic Media shall constitute the express consent of the Client to the terms and conditions prevailing at the time of use. The timings for the provision of the Service(s) through Electronic Media would be subject to the applicable laws and at the sole discretion of the IFSC Branch. The IFSC Branch without any prior intimation may effect any change in timings.
12. Client Identification and Authentication
The Client hereby grants express authority to the IFSC Branch for carrying out any transaction received by the IFSC Branch through Electronic Media (using his Password/Client ID), post authentication and the same will be deemed to have emanated from such Client.
13. Security and Confidentiality of Password
To ensure that the Client alone is able to access and give instructions through Electronic Media, he must at all times comply with the following security procedures(i) Client shall change his Password regularly or if so required by the IFSC Branch; (ii) not choose a Password, which he has used before or which is likely to be guessed by anyone; (iii) to safeguard his Passwords at all times and not to disclose any details of his Password to anyone else (including a member of the IFSC Branch staff); (iv) not record Passwords in a way whereby it will be legible or accessible to any third party; (v) preferably memorize Passwords and then destroy any record of it; (vi) not allow anyone to operate the Service(s) through Electronic Media on his behalf; (vii) not leave any system unattended while he is logged on to the Electronic Media and each time he goes away from such system to log-out from Electronic Media; (viii) not access the Electronic Media from any equipment or device connected to a local area network (or LAN), such as an office environment, without first ensuring that no one else is able to observe or copy his Passwords. The Client must comply with any other requirements designed to protect the security of his use of the Electronic Media, which are set out in the guidelines or notified to Client from time to time. The Client shall indemnify the IFSC Branch if any loss is suffered by the IFSC Branch due to failure to comply with the above security procedures.
14. Loss of Password / Client ID
If the Client forgets or loses the Password, he shall inform the IFSC Branch in the manner prescribed by the IFSC Branch, who shall, at its sole discretion, arrange to regenerate and send a new Password to the Client.
15. Liability of the Client / Rights of the IFSC Branch
The IFSC Branch may apply such technology as it deems fit to ensure the security of and prevent unauthorized access to the Services through Electronic Media. The IFSC Branch shall endeavor to use the best technology, but the Client understands that due to the nature of technology, it may not be possible to keep the system foolproof and tamperproof at all times.
16. Processing of transactions
- Time of processing of transactions through the Electronic Media may vary depending on whether they are processed manually or electronically and/or whether they can be updated immediately or whether they are processed after the close of Business Hours.
- Client hereby confirms and acknowledges that payments through electronic transfer of funds are subject to applicable provisions of the Income Tax Act, 1961.
- The financial information available by means of the Service(s) through Electronic Media is for reference purposes only. Account information available through this Service(s) will not reflect Financial Transactions that may be in the IFSC Branch's hands, but which have not been processed or which still have to be verified for payment. The Company and/or IFSC Branch shall not be liable for any loss incurred or damage suffered by the Client or third party by reason or in consequence of any such financial information.
- The IFSC Branch shall endeavor to effect Financial Transactions received through the Electronic Media, and IFSC Branch shall not be liable for any omission to make debit or credit due to circumstances beyond the reasonable control of the IFSC Branch.
17. Software and Hardware
The Client shall at its cost, procure, maintain and update/upgrade all such software and computer and communication systems, as applicable, from time to time, to avail and use the Service(s) through Electronic Media which are compatible with the IFSC Branch's system. The IFSC Branch shall be at liberty to change, vary or upgrade its software, hardware, operating systems, Software Development kit (SDKs), etc., from time to time and shall be under no obligation to support the software, hardware, operating systems of the Client and that the same shall be the sole responsibility of the Client.
18. Access to Services through Electronic Media
Access to Service(s) through Electronic Media shall be made available at the Client's request and at the IFSC Branch's discretion. All Accounts/Policy details linked to the Account Holder may be accessible through Electronic Media, subject to IFSC Branch's rules.
19. Excess Credit
In the event of excess credit by the IFSC Branch due to some technical error, inadvertently or otherwise, the IFSC Branch is at liberty and entitled without notice to the Account Holder to reverse the entry and recover the amount excessly credited into the Account of the Account Holder. In the event of there being insufficient balance in the Account, the IFSC Branch is entitled to recover the same from any other amounts held with the IFSC Branch with or without notice to the Account Holder. In the event of refusal by the Account Holder to repay the excess amount on receipt of notice from the IFSC Branch, the IFSC Branch shall be at liberty to initiate such legal proceedings as deemed fit, including criminal proceedings.
The IFSC Branch may provide a facility to its Account Holders for receiving statements on email. These statements may include but are not restricted to Insurance Policy, Financial Transaction statements, holding statements and billing statements. The Account Holder by requesting the IFSC Branch to furnish such particulars and details and statements by e-mail declares and confirms that he is aware of the risks concerning the e-mail and will not hold the IFSC Branch and/or Company liable. The Account Holder undertakes to keep the IFSC Branch informed in writing about his email id changes.
21. Intellectual Property
- The Client acknowledges and agrees that all the intellectual property rights in the software underlying any of the Service(s) as well as other software which is required for availing Service(s) accessing Account through Electronic Media are the legal property of the IFSC Branch/Company or the respective vendors. The permission given by the IFSC Branch to access the Accounts and utilize the Service(s) shall not convey any proprietary or ownership rights in the intellectual property of the software. The Client shall not attempt to modify, translate, disassemble, de-compile or reverse engineer the above-mentioned software or copy the source code of the software or create any derivative product based on the software.
- The registered marks including the name/letters "HDFC" in the name/logo of the Company/branch belongs to HDFC Bank Limited ("HDFC Bank") and the name/letters "HDFC Life" is used by HDFC Life Insurance Company Limited ("HDFC Life") and its subsidiary, HDFC International Life and Re Company Limited under a licence/agreement between HDFC Bank and HDFC Life. Other trademarks, service marks and logos may be the property of their respective owners. Except as indicated otherwise, all information, text, graphic images, logos, features or functions, and layout (including the “feel and look”), as well as any copyrights or other rights, are the exclusive property of the Company/IFSC Branch and its parent, HDFC Life Insurance Company Limited and/or its licensors, and may not be copied, reproduced, posted, transmitted or distributed, in whole or in part, in any form (electronic or written) without first having obtained the Company's express written consent.
- The trademarks, logos, slogans and service marks displayed on this Website, whether registered or unregistered, are proprietary to the Company and/or others. Nothing on this Site should be construed as granting a licence or any other right to use any copyrights, trademarks or logos. Unless expressly stated in writing, the Company does not grant any authority, right or license to use or display any trademarks, logos, slogans and service marks displayed on this Website. The Company/IFSC Branch reserve the right to seek appropriate legal remedy for any violation or breach of any intellectual property rights including, but not limited to, unauthorized use of any trademarks, logos, slogans, service marks and contents of this Website.
- Copyright in the pages of this Site, in the screens displaying the pages and in the information and material contained therein and their arrangement, is owned by the Company/IFSC Branch, unless otherwise indicated. The Company/IFSC Branch also claims trade mark and service mark rights in marks contained within the pages of this Site. Moreover, the downloading or printing of any materials on this Site will not result in the transfer, explicit or implied, of any rights. You may, however, download or print any pages from this Site for personal, non-commercial, viewing purposes only, provided You do not remove any copyright or other proprietary right notice.
The IFSC Branch may offer the facility of Alerts to all or any of the Clients for information only and may discontinue the same at its own discretion. The IFSC Branch on best effort basis may display certain pre-defined Alerts. However, the IFSC Branch shall not be responsible or liable for the timeliness, completeness, accuracy and successful delivery or receipt of the Alerts.
23. Electronic Banking/Online Payment Gateways
- The IFSC Branch will take reasonably practicable steps to ensure that systems used by it for providing Electronic Banking/Online Payment Gateways contain adequate security safeguards, control and manage the risks in operating such systems, taking into account any applicable law, rules, regulations, guidelines, circulars, codes of conduct and also prevailing market practices. The User is aware of the risks, responsibilities and liabilities involved in Electronic Banking/Online Payment Gateways and has after due consideration availed of the same. The User represents and warrants that he has a complete working knowledge of computers/electronic machinery, e-mail and the Internet, which will enable the User to avail the Electronic Banking/Online Payment Gateways.
- Any Financial Transaction as per the Payment Instructions of the User may not materialize or get completed for any reason whatsoever and for such non materialization and/or non-completion of the Financial Transaction, the Company and/or IFSC Branch shall in no way be held responsible. The User understands that, the IFSC Branch is only providing Service(s) of facilitating funds transfer pursuant to User's payment instructions to his/her own bank.
- Protecting Against Viruses: User must take all reasonably practicable measures to ensure that User's system or any computer or other equipment or device from which User accesses the Electronic Banking is free of any computer virus or similar software/device including, without limitation, devices commonly known as software bombs, Trojan horses and worms ('Viruses') and is adequately maintained and secured in every way. Though the IFSC Branch will take steps to prevent introduction of Virus and other such destructive materials on the Website, it does not represent, warrant or guarantee that the Website or the content downloaded from the Website or linked Websites do not contain such Viruses or destructive material. The Company and/or IFSC Branch is not liable for any damage or harm attributable to such virus or destructive materials. The IFSC Branch does not warrant that the IFSC Branch's Website or functions thereof will be uninterrupted or free of any error or defect.
- Extent of Liability for Loss or Damage: The Company and/or IFSC Branch will not be liable for any loss or damage, whether direct, indirect, consequential, remote or special, that may be suffered by the User as a result of making/not making the Electronic Banking/Online Payment Gateways available to User. Following are the illustrative list (but not exhaustive) of circumstances in which Company and/or IFSC Branch shall NOT be liable to User: (i) When such loss or damage arises out of Force Majeure or Technical Snags; (ii) any incompatibility between User's system and the IFSC Branch's system; (iii) any misuse of User's system by him or anyone else; (iv) any access to information about User's Accounts which is obtained by a third party as a result of User using the Electronic Banking/Online Payment Gateways; (v) use by any third party of User's Password; (vi) loss/distortion/ corruption of data during transmission or otherwise; (vii) any loss/delay due to circumstances beyond IFSC Branch's control, (viii) unavailability of Electronic Banking/Online Payment Gateways during the Business Hours; and/or (ix) any loss of damage arising or resulting from delay in transmission delivery or no delivery of online/electronic instructions or any mistake, omission or error in transmission or delivery thereof or in decrypting the instructions from any cause whatsoever or from its misinterpretation of the instructions received or any act or even beyond control of the IFSC Branch.
- The User acknowledges and agrees that the IFSC Branch remains a mere facilitator for this Service(s) and that the IFSC Branch and the Company do not warrant or claim any responsibility for this Service(s) nor does the IFSC Branch and/or the Company endorse any such Service and/or its standing or reputation whatsoever and IFSC Branch and/or the Company shall not be liable for any deficient or bad services in any manner whatsoever and for any loss, whatsoever that User may suffer. The risk in this regard is entirely on the User.
- The User expressly authorizes the IFSC Branch to carry out all request(s) or transaction(s) for and/or at the request of the User as are available to the User through Website without the IFSC Branch having to verify the authenticity of any request or transaction purporting to have been received from the User through the Website.
- The User shall be liable and responsible in case of any discrepancy found in the information/details provided by him for availing Service(s) or any other service offered through the Website.
- The User shall be liable for all loss caused due to negligent actions or a failure on his part to immediately notify the IFSC Branch within a reasonable time, about any unauthorized use/access made on his behalf under Electronic Banking/Online Payment Gateways or misuse of Password or any other breach of security in relation to any Service(s), of which he has knowledge.
- The User understands and agrees that the IFSC Branch may offer this service directly or through any other partner agency.
24. Representation and Warranties of the Client
Client represents and warrants that (i) he has the authority and/or he is lawfully entitled to accept the Terms and that he is not under any disability, restriction or prohibition which shall prevent him from performing or adhering to any of his obligations under the Terms; (ii) the execution of the Terms or any part therein is not, directly or indirectly, in conflict with any other agreement or document that the Client has executed or entered into; (iii) there are no liabilities against, relating to or affecting the Client, which individually or in aggregate, are material to the business of the IFSC Branch; (iv) the Personal information provided by the Client to the IFSC Branch at the time of registration is true and accurate and any other information provided thereafter shall be true and accurate; (v) there are no legal proceedings, or injunctive or stay orders pending against or likely to arise against the Client that may violate the Terms or materially affect the Client's fulfilment of these Terms.
25. Limitation of IFSC Branch and Company's Liability
- The IFSC Branch shall take all care to provide secure and error free Service(s) to its Clients on reasonable effort basis. The Company and IFSC Branch shall not be liable or responsible for any damages, loss, harm, expense, liability and the like arising to the Client or any third party for any reasons whatsoever, whether attributable to the Company/ IFSC Branch or not.
- Without prejudice to the above, the Company/ IFSC Branch shall not be liable to the Client or any third party for any loss or damage suffered due to the following reasons: (i) Any action carried on by the Company/ IFSC Branch in good faith, based upon the instructions of the Client, by exercising due diligence, or taking reasonable care; (ii) Any unauthorized, unlawful and illegal Financial Transactions occurring through the use of account(s) and/or Service(s), which can be attributed to the fraudulent or negligent conduct of the Client and/or any third party; (iii) Intrusion or hacking into the computer systems/network or communication network of the Company/IFSC Branch; (iv) Failure of the Client to access the Account or avail of any Service(s) due to any Force Majeure Event or any Technical Snags or any other reason beyond the control of the IFSC Branch; (v) Failure of the Client to inform the IFSC Branch when the Client's Account is being illegally used or Service(s) illegally availed of by third parties; (vi) Failure to provide or provision of inaccurate, incorrect information by the Client, whether personal or in respect of any Service(s); (viii) Violation of any Indian law or IFSCA law or foreign law; or (ix) breach of any of the Terms by the Client or any other person with/without the consent of the Client; (x) for the performance of any service provider/other third party/entity involved in the process of imparting Services by the IFSC Branch.
26. Force Majeure / Technical Snags
Notwithstanding anything to the contrary contained herein, nothing herein shall apply if the IFSC Branch/Company is prevented from discharging any or all of its obligation herein or otherwise due to any cause arising out of or related to Force Majeure or Technical Snags or for any reasons beyond the reasonable control of the IFSC Branch.
The Client agrees to and shall indemnify and hold the IFSC Branch and the Company and each of the employees, agents, consultants contractors, content providers or representatives of the IFSC Branch and the Company harmless against all actions, claims, liabilities, demands, proceedings, losses, damages, costs, Charges and expenses including reasonable attorneys' fees and court/adjudicating body costs whatsoever, which the IFSC Branch and/or Company may at any time incur, sustain, suffer or be put to as a consequence of or by reason of or arising out of (i) breach of the Client's representations and warranties;(ii) improper use of the Account and/or Service(s) by the Client or any other person with/without the consent of the Client; or (iii) breach by Client or any other person with/without the consent of the Client, of any of the provisions of the Terms or any other agreement with the IFSC Branch/ Company or, (iv) by reason of the IFSC Branch/ Company in good faith taking or refusing to take or omitting to take action on any instruction given by the Client due to acts or omissions of the Client, including but not limiting to: (a) Failure to intimate/inform the IFSC Branch when he/it suspects or knows that his/its Passwords are known to third parties or when third parties use his/its Passwords for carrying out unauthorized, unlawful or illegal Financial Transactions; (b) Failure to keep confidential and secure the Passwords from third parties; (c) Failure to inform the IFSC Branch regarding any changes in his/its personal information or Account information; (d) Unauthorized, unlawful or illegal access to the computer system/network and/or data of the IFSC Branch/Company by using a Client's Passwords; (e) Failure to comply with the law; (f) Failure to comply with the usage guidelines issued by the IFSC Branch/Company in respect of accounts or Service(s) as may be applicable at the relevant time; (g) Failure to comply with these Terms and any agreement between the IFSC Branch and the Client.
28. Applicable/Governing Law and Jurisdiction of Courts
- These Terms, Activity(ies)/Service(s) and obligations of the IFSC Branch shall be governed and be subject to laws and guidelines as may be issued by IFSCA from time to time and as applicable in IFSC from time to time. The IFSC Branch and/or the Company accepts no liability whatsoever, direct or indirect, for non-compliance with the laws of any country other than that of India. The mere fact that the Account or Service(s) can be accessed through Internet in a country other than India shall not be interpreted to imply that the laws of that country govern these Terms.
- The Courts of Gandhinagar shall have the exclusive jurisdiction to decide any dispute in respect of the Terms. Notwithstanding the above, the Company and/or the IFSC Branch has the right to bring/file a claim in any other competent court or judicial forum having jurisdiction, whether in or outside India.
- In the event of any breach or apprehended/threatened breach of the Terms or the specific terms and conditions in relation to any Service(s) and/ or any other agreement between the IFSC Branch and the Client/the Client's authorized representative(s)/employees/ relatives/affiliates, the IFSC Branch shall be entitled, in addition to all other remedies, to an injunction, restraining any such breach. In the event of any breach or threatened breach of the Terms or specific terms and conditions in relation to any Services between IFSC Branch and the Client or any other agreement with the IFSC Branch/Company, by the Client/Client's authorized representatives/employees, the Client shall cooperate with the IFSC Branch in such manner as may be required to restrain such breach, including the pursuit of all legal remedies.
29. Compliance with Law
- All Clients must be, either by himself or through legally authorized representative, eligible and capable by law to avail of the Service(s), as the case may be. The IFSC Branch and/ or Company shall not be liable to the Client or any third party for any loss or damage suffered due to the ineligibility or incapacity of the Client.
- All the Clients agree that they are aware of and shall comply with any law that may be applicable to any of the Financial Transactions they carry out, in India or abroad, through their Accounts or Service(s). The IFSC Branch and/or Company shall not be responsible or liable to any third party for the Client's violation of any law.
30. Maintenance and Preservation of Records
IFSC Branch, at its sole option and discretion, shall maintain or destroy such records of transaction in respect of the accounts or Service(s), as the IFSC Branch may deem fit or as mandated by the IFSCA or the applicable law in the IFSC. The Client shall not question the validity and correctness of the same. All records generated by the transactions arising out of use of the Service(s), including the time of the transaction, beneficiary details, etc., recorded shall be conclusive proof of the genuineness and accuracy of the transactions. In the event of any dispute or conflict between the records kept by the IFSC Branch and those of the Client, IFSC Branch's records shall be conclusive and binding.
31. Tax Deduction at Source (TDS)
If required under applicable law, tax will be deducted at source, as prescribed under the Income Tax Act, 1961 and as amended from time to time.
- Client agrees that the IFSC Branch may sub-contract and employ agents, consultants, contractors, content providers or representatives to carry out any of the provisions of Service(s). The Company and the IFSC Branch shall not be responsible for any negligent or fraudulent acts of such persons or any acts done outside the scope of their authority.
- Save and except as expressly provided in these Terms, no exercise, or failure to exercise, or delay in exercising any right, power or remedy vested in these Terms shall constitute a waiver by the IFSC Branch/Company of that or any other right, remedy or power. If one or more of the provisions of Terms are unenforceable against one of the Clients, this will not in any way affect the enforceability of that provision against the other Client(s). The IFSC Branch may decide to waive or relax any of the provisions of the Terms, at its own discretion, on a temporary basis or as a special case only and this will not affect the IFSC Branch's right to enforce that provision strictly at any other time.
- In the event that any provision of these Terms is held to be in violation of any applicable law or if for any reason a court of competent jurisdiction finds any provision of these Terms or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these Terms, and the remainder of these Terms shall continue in full force and effect.
- The IFSC Branch reserves right to amend, modify or withdraw, without attracting any claim(s), any or all Service(s) if it finds them to be unviable or prone to unacceptable risks.
- The Terms herein are to be read in conjunction with the Policy document and product/ Service(s) specific terms and conditions. In case of any conflict in interpretation between these Terms, Policy document, and the product/Service(s) specific terms and conditions, the interpretation of product/ Service(s) specific terms and conditions, in such regards shall prevail.
33. Services Discontinued
- IFSC Branch may at its absolute discretion, close any account or terminate any of the Service(s) by giving such days' notice to the Client as it may deem fit with/without assigning any reason. Notwithstanding the above, the Client acknowledges and agrees that IFSC Branch may at any time without notice, as the circumstances in the IFSC Branch's absolute discretion may require, discontinue/modify/cancel/terminate the Service(s), if the IFSC Branch is of the opinion that continuation of Service(s) is prejudicial to IFSC Branch's interests. IFSC Branch/Company shall not be made liable for any consequences arising out of such closure of account or termination of Services.
- The IFSC Branch shall also be entitled to freeze operations in the account of an Account Holder with or without notice, if the IFSC Branch suspects any fraud/mischief/im-personification etc., for such period as it may deem fit until it has received full clarification sought from the Account Holder and/or until it is convinced that operations in the Account can be re-permitted. The Account Holder shall provide all clarifications, if any, sought by the IFSC Branch and the IFSC Branch shall not be held responsible or liable for any losses, expenses, cost etc. suffered or incurred by the Account Holder by reason of freezing of the Account. The IFSC Branch pursuant to any notice received from any regulatory/statutory authority including Income Tax/PF/Excise or judicial authority or order of court of law is entitled to mark a freeze in the Account/remit the amount standing to the credit of the Account(s) whether jointly or singly, as the case may be, to the concerned authority/law without any notice to the Account Holder.
34. Address and Email
- IFSC Branch shall send all communications, correspondences, account statements, etc. to the Client at its registered email address, at the discretion of the IFSC Branch. The Client must promptly notify the IFSC Branch any change of his registered emailing address/registered address in writing. However, if any email address is to be changed as the registered email address, the communication could be sent by any other mode acceptable to the IFSC Branch.
- All communications, correspondences, account statements shall be deemed to have been validly given on the Working day immediately after the date of confirmation of transmission recorded on the IFSC Branch's computer in case of e-mail transmission. If the Client does not receive any email by the IFSC Branch at such address due to any reason whatsoever, the IFSC Branch/ Company shall not be responsible. In case of non-delivery or non-receipt of the email, IFSC Branch/Company will not be responsible or liable to re-send the same.
35. Communication by Client
The Client should communicate with the IFSC Branch only via the mode that is specified by the IFSC Branch and no other mode. IFSC Branch is not bound by communication received via any other mode. Specifically, if certain kinds of transaction requests are not allowed through available Services, the same should not be used. All communication whether in writing or otherwise shall be valid only if the same is sent in the format (if any) prescribed by the IFSC Branch.
36. Holiday Processing
Any Financial Transactions on a IFSC Branch Holiday or after Business Hours shall be shown in the account, at the sole discretion of the IFSC Branch, as having taken place on the succeeding Working day and not the actual day of the Financial Transaction and all deductions/accretions on such amount shall be deducted/accrued as of such Working day. IFSC Branch/Company shall not be responsible for any loss of interest or liability incurred/suffered by the Client arising due to such Financial Transaction being not shown on the day the same actually occurred. Exchange rate for any Financial Transaction shall be applied on the basis of IFSC Branch determined/applied rates, subject to next Working day requirements or as otherwise may be made applicable by the IFSCA.
37. Death or Incompetence
Nomination facility is available in accordance with applicable IFSC laws. Account Holder is advised to designate a nominee while opening the Account.
38. Charges and Interest
- Client(s) shall be liable and undertakes to pay all Charges in respect of the Account or for any Services as may be indicated from time to time.
- Interest/Bonus/or whatever name called payable on any Accounts shall be at such rate or rates as may be determined by the IFSC Branch from time to time, at its absolute discretion and as per the applicable laws. It may vary (both upward and downward) from time to time.
- Any Charges as a result of the use of the Service(s) shall be the sole responsibility of the Client and if imposed upon, the IFSC Branch shall debit such Charge to the account. Account Holder hereby authorizes the IFSC Branch to make deductions from the account and undertakes to indemnify the IFSC Branch and Company against any expenses the IFSC Branch/ Company incurs in collecting money that the Client may owe in connection with the Services (including without limitation reasonable attorney's fees to the extent permitted by law).
39. Funds Transfer
- The Account Holder shall not attempt to transfer funds without sufficient funds in the concerned Account.
- The Company/IFSC Branch shall not be liable for any omission to make all or any of the payments or for late payments due to any reason whatsoever.
- The funds transfer will be undertaken by the Account Holder in a manner as allowed under the applicable laws/regulations/rules in relation to the same as may be prescribed by the IFSCA from time to time and as prescribed by the IFSC Branch from time to time.
40. Privacy of Data
Client's data will not be shared with any third partie(s) without prior consent save as otherwise required under applicable laws or by regulatory authorities or governments or a judicial body in relation to any transactions for which Service(s) are used. The Client acknowledges and agrees that the IFSC Branch may keep their data and also may disclose such data, if required to do so by applicable law, in the good faith belief that such preservation or disclosure is permitted by applicable law, or as reasonably necessary to (i) comply with legal process or (ii) enforce the Terms.
41. Age and Responsibility
- Except as otherwise provided by applicable law or in the Terms, the Client understands that it is financially responsible for all uses of Service(s) and those authorized by the Client to use their data, Password or other verification information.
- Certain websites/the IFSC Branch, at a later date, may provide for any additional authentication in addition to what has been requested for. The Client agrees to validate such requirements at a future date.
42. Conduct Guidelines
- The Client agrees not to:
- Impersonate any person or entity using Electronic Banking/Online Payment Gateways and/or Service(s)
- Upload, post, email or otherwise transmit any material that contains software Viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment used by Electronic Banking/online Payment Gateways and/or Service(s)
- Spam or flood Website
- Modify, adapt, sub-license, translate, sell, reverse, engineer, decompile or disassemble any portion of Website or Service(s) or the software used in connection with Electronic Banking/Online Payment Gateways and/or Service(s)
- Remove any copyright, trademark, or other proprietary rights notices contained in Electronic Banking and/or Service(s) - “frame” or “mirror” any part of site or Service(s) site without IFSC Branch's prior written authorization
- Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of Website or Service(s) or its contents
- otherwise interfere with, or disrupt, Service(s) or servers or networks connected to any Service(s), or violate these Terms or any requirements, procedures, policies or regulations or of any networks connected to Website; or
- intentionally or unintentionally violate any applicable local, state, national or international statute, regulation, regulatory guideline or judicial or administrative interpretation, or any rule or requirement established by the IFSC Branch/Company in connection with the use of Website by the Client.
43. Account Statements
- Account statements for each Account shall be issued on a frequency as determined by the IFSC Branch at its sole discretion for each Account. The Account Holder acknowledges that the statements of Accounts sent to him by the IFSC Branch may not be signed on behalf of the IFSC Branch.
- If the Account Holder notices any error in the account information supplied to him by the IFSC Branch, he shall intimate the IFSC Branch accordingly within fifteen (15) days of receipt of the statement of Account, failing which it would be deemed to have been accepted by the Account Holder. If the Account Holder becomes aware of any transaction on any of his Accounts that has not been validly authorized by him, he shall inform the IFSC Branch immediately. IFSC Branch will endeavour, but is not obliged, to correct the error promptly and adjust any interest or Charges arising out of such error. IFSC Branch reserves the right to rectify discrepancies in the Account statement, if any, at any point of time. IFSC Branch/ Company shall not be liable for any consequence arising out of any delay, lapse, omission, or neglect on part of the Account Holder to notify the IFSC Branch about any such doubtful debit/withdrawal and the Account Holder solely is liable for any consequences or losses that may occur. If Account Holder delays in examining the statement or in reporting a problem, it may affect IFSC Branch's ability to resolve the problem. The Account Holder authorizes the IFSC Branch to engage and utilize the services of third parties/vendors to prepare and mail the statements and/or other documents/material. IFSC Branch and/or Company is not responsible for statements lost in mail.
- The Account Holder should contact the IFSC Branch for duplicate statements, if required. Statements or messages sent from the IFSC Branch through Electronic Media, is at the entire risk of the Client and if the same is lost, incorrectly received, or sent to the incorrect e-mail or are accessible to third parties, the IFSC Branch/ Company is not and cannot be responsible or made liable for such transmission. In the event that the statements/ messages as sent to the Account Holder over any Electronic Media (including but not limited to Electronic Banking or e-mail) do not tally, for whatever reason, with the records available at the IFSC Branch, the latter shall prevail. The Client agrees to pay any Charges levied by the IFSC Branch for issuing duplicate statements.
44. Entire Agreement
- These Terms, together with the annexures hereto and with such other documents/terms as may apply to a particular account/ Service(s)/ situation/ circumstance/ transaction, contain the entire understanding of the parties with respect to the subject matter hereof and thereof and supersede all prior agreements and understandings, oral or written, with respect to such matters, which the parties acknowledge have been merged into such documents, exhibits and schedules.
- The contents of the Terms together with such other documents/terms as may apply to a particular account/Service(s)/situation/circumstance/ transaction shall always be binding on the Client.
45. Complaints Redressal
It has always been the principle of the Company to observe high standards of integrity and fair dealing. As part of the Company's Complaints Handling Procedures, it is Our policy that all complaints are dealt with fairly and promptly and all issues are handled and resolved in a prompt and professional manner.
46. Corporate Information:
- HDFC International Life and Re Company Limited, IFSC Branch
- Registered Branch Office Address:
- Office No. 213, Hiranandani Signature, Second Floor,
- Block 13B, Zone 1, GIFT SEZ, GIFT City,
- IFSC, Gandhinagar, Gujarat, India 382355.
47. Contact Information
- "I/WE CONFIRM THAT I/WE HAVE READ AND UNDERSTOOD & AGREE AND ACCEPT THE ABOVE TERMS AND WISH TO PROCEED TO THE WEBSITE"