In this Agreement, the following expressions shall, unless the context requires otherwise, have the following meanings
"Customer Care Centre" means the client care centre or the customer care centre set up by the Company, to assist the Customers of the Company, User, Visitor(s) to the Website, with respect to various transactions and to furnish information etc.
"Company" means Save Your Monkey (Pvt) Ltd a company incorporated in Sri Lanka bearing company number PV111250, having its registered office at No 4, Level 3, Geethanjali Place, Colombo 03 and registered under the Regulation of Insurance Industry Act, No. 43 of 2000 (which term, unless repugnant to the context or meaning thereof, shall mean and include its successors-in-interest, and assigns)
"Customer" means a Policyholder accessing the Web Site for obtaining information about various insurance products including access to all facilities that are or may be provided / offered to the User from time to time on the Web Site.
"Customer Password" means the password or other means of authentication as the Company may specify from time to time provided to/required to be provided to the Customer, and using which the Customer may authorize transactions, which shall include but shall not be limited to downloadable request for proposal, claim forms etc., for various general and life insurance products that are offered by various Insurance Companies. The Company may decide to permit other transactions or to discontinue existing transactions from time to time, further details of which shall be provided on the Web Site.
"Person" means an individual; or any other entity entitled to obtained an Insurance Policy
"Policy" means the various products of the General and Life Insurance companies ( as applicable).
"Policy Holder" means a person who purchases a Policy through the Company.
"Terms" or "Terms and Conditions" means the terms and conditions for use of the Web Site, as specified herein, by Visitors, users and Customers, which includes, but is not limited to the comparison of insurance policies and other financial services.
"Transaction Password" means the password, or other means of authentication as the Company may specify from time to time, that is provided by the Company to the Customer upon provision of which, the Customer would be able to authorise transactions specified by the Company from time to time, further details of which shall be provided on the Web Site.
"User" means any person having access to the Web Site for general information about the Company and the products and other facilities/services offered from time to time on/through the Web Site and includes Visitors, Customers and registered users.
“Web Site" means the portal located at the URL www.saveyourmonkey.com
"User" in masculine gender shall be deemed to include the feminine and neutral gender and singular includes plural and vice versa.
"includes" should be construed as "without limitation".
"Service Provider" means the Company.
"Services" means the nature of services offered by the Company
"Board" means Insurance Board of Sri Lanka.
"Code of Conduct" means code of conduct as prescribed under the IRDA (Insurance Brokers) Regulations, 2013 (as amended from time to time).
"Insurance Act" means The Regulation of Insurance Industry Act, No. 43 of 2000 (as amended from time to time).
These Terms and Conditions, in so far as they refer to the User, form the contract and agreement between such User and the Company unconditionally. By accessing the Web Site, the User acknowledges and accepts these Terms and Conditions. TERMS AND CONDITIONS OF USAGE OF THE WEB SITE:
The Company provides the information in this Web Site about various insurance products available in the Insurance Markets for the benefit of the User. The availability of the information and guidance as part of the Web Site does not constitute a recommendation by the Company, to buy any policy(ies) etc., discussed there in by the Company or any of its personnel. Any decisions to buy a policy will be based solely on the User's own evaluation of the policies/products, and his/her need for the same. While adequate care would be taken to ensure completeness, accuracy etc., of the information/services provided, neither the Company nor any of its directors, employees, advisors or affiliates shall in any circumstance be liable to any person for any loss or damage caused due to the reliance on information obtained through the Web Site. It is the sole responsibility of the User to evaluate the completeness, accuracy or usefulness of any opinion, guidance or other content made available on the Web Site and the User should consult her/his/its own legal counsel, business Advisor and tax Advisor as to the legal, business, tax and related matters concerning any policy(ies) with respect to which guidance is sought or given.
In the event that the Company has, or may from time to time, introduce or offer certain services on the Web Site, which require authentication procedures, the User/Customer would be able to access such services by using the Customer ID and the Customer Password. By using the Customer ID and the Customer Password the User/Customer can authorize the transactions. The Customer may be provided a Transaction Password, which would enable the Customer to carry out such transactions as may be specified from time to time. The Customer would not be able to carry out the transactions without the use of the Transaction Password. The terms governing the Customer ID, Customer Password and Transaction Password are as follows:
• Subject to the Terms, the Company shall take reasonable care to ensure the security of and to prevent unauthorized access to the services, which are part of the Web Site using technology reasonably available to the Company.
• The Customer confirms and agrees that he will be the sole and exclusive owner and is the only authorized user of the Customer ID and the Customer and/or Transaction Passwords and accepts sole responsibility for use, confidentiality and protection of the Customer ID and the Customer and/or Transaction Passwords as well as for all transactions authorized by such password/s and shall ensure that the password/s is/are not revealed to any third party or recorded in any written or electronic form.
• If the Customer forgets /loses the Customer ID or the Customer /Transaction Password, or is otherwise desirous of changing the said Passwords, the customer can request for change of the password by using the options available in the Web Site itself or may send a written request to the Company. The Customer shall be responsible and liable for all transactions that are carried out by the use of the Customer ID or the Customer/ Transaction Password.
• Any transaction authorized by using the Customer ID and Customer / Transaction Password is deemed to be that of the Customer and the Company is not responsible for any mistake/error made by the Customer as to the nature of the transaction. If third parties gain access to the services offered through the use of the Customer ID and Customer Transaction Password, the Customer shall be deemed to be responsible and the Customer hereby indemnifies and holds harmless the Company against any liability, costs or damages arising out of claims or suits by or against such third parties based upon or relating to such access and use. The Customer shall be responsible for providing and maintaining the communications equipment (including personal computers and modems) and telephone or alternative services required at the Customer's end for accessing and using the Web Site or related services, and for all communications service fees and charges incurred by the Customer in accessing the Web Site or related services. It is the Customer's responsibility to ensure that no unauthorized person has access to its computer unattended whilst accessing the Web Site.
• The Company would be entitled, at its sole discretion, to seek offline written or other confirmation from the Customer of any transaction as it may deem fit.
• The Customer shall immediately notify the Company in writing, delivered via e-mail and/or Registered AD, or notify through the indicated telephone number of the Customer Care Centre on the Customer becoming aware of any loss, theft or unauthorized use of the Customer ID and/or Customer/Transaction Password; or any receipt by the Customer of confirmation of any transaction which the Customer did not authorize; or any inaccurate information in the Customer's account balances, transaction history etc. If the Customer fails to notify the Company immediately upon the Customer's knowledge when any of the above conditions occur, neither the Company nor any of their officers, directors, employees, advisors, affiliates or subsidiaries can or will have any responsibility or liability to the Customer or to any other person whose claim may arise through the Customer with respect to any of the circumstances described above. Under no circumstances shall the Company or anyone involved in creating, producing, delivering or managing the services which are part of the Web Site be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the services, or out of any breach of any warranty.
Subject to the Terms and Conditions, the Company shall take reasonable care to ensure the security of and to prevent unauthorized access to the services, which are being provided through the Web Site using technology reasonably available to the Company.
The Customer irrevocably and unconditionally authorizes the Company to carry out his/her/its instructions, effecting such transactions as may be permitted by the Company from time to time, in accordance with these Terms and such other terms as may be specified by the Company. Certain transactions would be effected only after the Customer authorizes it by using the Customer/Transaction Password and the Company shall have no obligation to verify the authenticity of any such duly authorized transaction.
In respect of any transactions which may be permitted by the Company from time to time, the Company’s own records of such transactions, maintained through computer systems or otherwise, shall be accepted as conclusive and binding for all purposes. More particularly, the record of the Company generated by the transaction(s), including the recording of the time of the transaction(s), shall be conclusive proof of the genuineness and accuracy of such transactions.
The suggestion of best Product mentioned when comparing various products available would be based on the Service Provider's judgment and experience of the best product as far as features and claims process are concerned. This should not be construed as the Company canvassing any particular product.
Though, entry of information in various search and entry forms in the Web Site would help in detecting any obvious errors made by the Customer, the entry of data by the Customer and subsequent preparation of policies on the basis of this information is the complete responsibility of the Customer.
The Web Site may have information about the Claims Assistance service to be provided by the Company. The provision of claims assistance is only a facility extended to assist the Customer by the Company and it does not in any manner whatsoever assure the approval and payment of the full claim by the Insurance Company. The Company would not be responsible whatsoever for delay/non-payment of claims by the Insurance companies.
The Company reserves the rights to add, amend, revise, suspend or cancel in whole or in part any of the services which are, or may become, part of the Web Site, without any prior notice to the Users. Any addition, suspension, revision, amendment, cancellation or suspension shall be effective and binding on the Users. The Company may introduce new services in relation to the Web Site from time to time. The existence and availability of the new services will be notified on the Web Site as and when they become available and any revisions in the Terms and Conditions will take place in accordance with these Terms and Conditions.
The Company/Service Provider shall not be liable for any failure to perform any of its obligations if the performance is prevented, hindered or delayed by a Force Majeure event such as including, without limitation, unavailability of any communication system, sabotage, flood, explosion, civil commotion, strikes or industrial action of any kind, riots, war or acts of government, other cause similar to which is beyond the reasonable control of the Company/Service Provider.
The Web Site is deemed to be in use when it is loaded in temporary or permanent memory of your computer.
The User agrees to use the Web Site strictly for personal use. The User undertakes not to use this Web Site for any illegal purpose or in any manner inconsistent with these Terms and Conditions. The User agrees not to use, transfer, distribute or dispose of any information contained in the Web Site in any manner that could compete with the business of the Company or otherwise compromise or imperil the interests of the Company. The User acknowledges that the Web Site has been developed, compiled, prepared, revised, selected and arranged by the Company and others (including certain other information sources) through the application of methods and standards of judgement developed and applied through the expenditure of substantial time, effort and money and constitutes valuable intellectual property and may also include trade secrets of the Company and such others. User agrees to protect the proprietary rights of the Company and all others having rights in the Web Site or its content during and after the term of this agreement and to comply with all reasonable written requests made by the Company or its suppliers of content, equipment or otherwise to protect their and others' contractual, statutory and common law rights in the Web Site. The User agrees to notify the Company in writing promptly upon becoming aware of any unauthorized access or use of the Web Site by any party/person or of any claim that the Web Site infringes upon any copyright, trademark or other contractual, statutory or common law rights. The User may download and retrieve data from the Web Site on his/her computer screen, print individual pages on paper, photocopy and store such pages in an electronic form on disk (but not on any server or other storage device connected to a network) for his/her/its exclusive personal use only. The User further acknowledges that all the intellectual property in the Web Site continues to vest with the Company.
• reverse engineer, decompile, disassemble, copy, reproduce, distribute, modify, transmit, perform, reproduce, publish or create derivative works from or in any way exploit any of the services or content in violation of the Terms and Conditions or the laws of any country.
• create a database in electronic or structured manual form by systematically downloading and storing all or any part of the Web Site, save and except such information as relates to the Policy, if you are a Customer.
• rent, lease, sell, sublicense, or lend your access to the Web Site.
• cache or permit caching by any person.
• do any act that violates the Service Provider's intellectual property in the Web Site.
• engage in any fraudulent, abusive or illegal activity, including but not limited to any communication or solicitation designed or intended to fraudulently obtain the password or any private information of any use.
• use the Web Site to violate the security of any computer network, crack pass words or security encryption codes, transfer or store illegal material including threatening or obscene material or engage in any kind of illegal activity.
• run mail list or any form of auto-responder, or spam on the Web Site or any processes that are run or are activated while the User is not logged on.
Although the Company may, from time to time, monitor or review any facilities, if established or otherwise offered at the Web Site for discussions, chats, postings, transmissions, bulletin boards, and the like on the Website, the Company is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information contained within such locations on the Web Site. The User is prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. The Company will fully cooperate with any law enforcement authorities or court order requesting or directing the Company to disclose the identity of anyone posting any such information or materials.
The Company reserves the right to deny to any User, at the Company’s sole discretion, access to the Web Site, including any portion thereof, without any prior notice.
The Company grants you the right to access this Web Site in accordance with these Terms and Conditions, for personal use and for no other purpose. Please note that the services and content on the Web Site, including but not limited to text, content, photographs, video, audio and graphics, are either the property of, or used with permission by, the Company and/or by the Company’s suppliers and may be protected by applicable copyrights, trademarks, service marks, international treaties and/or other proprietary rights and laws of Sri Lanka and other countries. The trademarks, logos, slogans and service marks (collectively the "Trademarks") displayed on the Web Site, may or may not be registered Trademarks of the Company and others. Nothing contained on the Web Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Web Site without the prior written permission of the Company or such third party that may own the Trademarks displayed on the Web Site. Any misuse of the Trademarks displayed on the Web Site, or any other content on the Web Site, except as provided in these Terms and Conditions, is strictly prohibited. The User is also advised that the Company will aggressively enforce and protect its intellectual property rights to the fullest extent as permitted by law, including the seeking of criminal prosecution. The Company shall be entitled to obtain equitable relief (including all damage, direct, indirect, consequential and exemplary), over and above all other remedies available to the Company, to protect its interests therein.
The User agrees, at User's own expense, to indemnify, defend and hold harmless the Company, its directors and employees, representatives, suppliers and advisors, against any claim, suit, action or other proceeding brought against the Company, its directors and employees, representatives, suppliers and as by a third party, to the extent that such claim, suit, action or other proceeding brought against the Company, its directors and employees, representatives, suppliers and advisors is based on or arises in connection with the use of this Web Site, or any links therein.
The User agrees to pay any and all costs, damages and expenses, including, but not limited to, reasonable advocates' fees and costs awarded against or otherwise incurred by or in connection with or arising from any such claim, suit, action or proceeding attributable to any such claim.
In the preparation of this Web Site (“Site”) and its content including images, text files etc., the Company has/may have used information that is publicly available including some information that is developed in-house. The information on this Site is provided "AS IS". The Company does not warrant the accuracy of the materials, contents provided herein, either expressly or implied, for any particular purpose and expressly disclaims any warranties of merchantability or fitness for a particular purpose.
The Company will not be responsible for any loss or damage that could result from interception by third parties of any information made available to you via this Site. Although the information provided to you on this Site is obtained or compiled from sources the Company believes to be reliable, the Company cannot and does not guarantee the accuracy, validity, timeliness or completeness of any information or data made available to you for any particular purpose.
Neither the Company, nor any of its affiliates, directors, officers or employees, will be liable or have any responsibility of any kind for any loss or damage that you may incur and/or suffer in the event of any failure or interruption of this Site, or resulting from the act or omission of any other party involved in making this Site or the data contained therein available to you, or from any other cause relating to your access to, inability to access, or use of the Site or these materials, contents, whether or not the circumstances giving rise to such cause may have been within the control of the Company or of any vendor providing software or service support.
In no event will the Company be liable to you for any direct, special, indirect, consequential, incidental damages or any other damages of any kind even if the Company or any other party have been advised of the possibility thereof.
The User expressly agrees that use of the Web Site is at his/her/it sole risk. The Web Site is provided on an "as is" and "as available" basis.
Except as warranted in these Terms and Conditions, the Company expressly disclaims all warranties of any kind, whether express or implied or statutory, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, data accuracy & completeness, and any warranties relating to non-infringement.
If the User is dissatisfied with any portion of this Web Site or with any of these Terms and Conditions, his/her sole and exclusive remedy is to discontinue using the Web Site.
The Company reserves the right to store information on a User's computer in the form of a "cookie" or similar file for purposes of modifying the Web Site to reflect User's preferences.
Under no circumstances, including but not limited to negligence, shall the Company, its employees and directors, its suppliers and its third party advisors be liable to the User for any direct, indirect, incidental, special or consequential damages or any damages whatsoever including punitive or exemplary (including, but not limited to, damages caused by any virus, personal injury, loss of profits, data or other intangible, business interruption, loss of privacy, or any other pecuniary loss), arising out of or in any way connected with the use/delivery/performance of this Web Site, with the delay or inability to use this Web Site or any links or items on the Web Site, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through this Web Site, or otherwise arising out of the use of this Web Site, whether based on contract, tort, strict liability or otherwise, or for cost of procurement of substitute goods and repair & correction services or resulting from the use of this Web Site or obtained or messages received or transactions entered into through or from the Web Site or resulting from unauthorized access to or alteration of User's transmissions or data, even if the Company have been advised of the possibility of such damages.
The User agrees that the Company shall not be liable for any damages arising from interruption, suspension or termination of the Web Site, including but not limited to direct, indirect, incidental, special, consequential or exemplary damages, whether such interruption, suspension or termination was justified or not, negligent or intentional, inadvertent or advertent. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages. However, in no event shall the Company’s liability to the User for all damages, losses and causes of action (whether in contract or tort, including but not limited to, negligence) exceed the amount paid by the User, if any, for accessing the Web Site.
The company has the absolute discretion to amend or supplement any of these Terms at any time, without notice. The modifications to the Terms shall be displayed on the Web Site. In case where the User no longer wishes to use the Web Site on such new terms and conditions he/she/it is entitled to terminate his/her/its relationship in accordance with the company policies. On and from the date on which the amendment or supplement is notified by display on the Web Site, the User shall, by virtue of these Terms and without any further act, deed or writing on the part of any party, be deemed to have accepted the changed terms and conditions by his/her/its further use/access or visit to the Web Site.
If at any time any provision hereof is or becomes or is held to be illegal, invalid or unenforceable in any respect, the legality, validity or enforceability of the remaining provisions hereof shall in no way be affected or impaired thereby.
Notices under these Terms may be given by the Company and the User in writing by delivering them by hand or by sending them by post to the last address given by the User and in the case of the Company to the address mentioned on the Web Site.
In addition, the Company may also publish notices of general nature, which are applicable to all Users in a newspaper or on its Web Site. Such notices will have the same effect as a notice served individually to each User.
In the case of hand delivery, cable, telex, facsimile notices or electronic communication notices or instructions will be deemed served 7 days after posting or upon receipt as the case may be. Documents, which may be sent by electronic communication between the parties, may be in the form of an electronic mail, an electronic mail attachment, or in the form of an available download from the Web Site. The Company shall be deemed to have fulfilled any legal obligation to deliver to the User, if any such document is sent via electronic delivery. Any instructions received from the User by means of electronic delivery or by facsimile would be deemed to have been sent on paper.
The validity, construction and performance of this agreement/Terms and Conditions shall be governed by and interpreted in accordance with the laws of Sri Lanka.
The User acknowledges that any rights not expressly granted herein are reserved. These Terms and Conditions constitute the entire agreement between the Company and the User with respect to this Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the User and the Company with respect to this Web Site.
The various headings used in this agreement/Terms and Conditions are inserted for convenience of reference and are not deemed to affect the construction of the relative provisions.
Subject to applicable laws, the Company may sub-contract and employ advisors to carry out any of its obligations under these Terms and Conditions. The Company may transfer or assign its rights and obligations under this contract to any of its affiliate.
In the event of any dispute or difference arising between the parties as to their respective rights or obligations in terms hereof or with regard to validity, interpretation, implementation or alleged breach of the terms of this agreement or incidental hereto including any dispute as to the existence or validity hereof, the parties shall attempt in the first instance to resolve such dispute through mutual negotiation/conciliation. If the dispute is not resolved through negotiation within 30 days after the commencement of such negotiation/conciliation or such longer period as the parties may agree, the parties agree to submit the dispute to a court of law. The parties agree to the exclusive jurisdiction of courts at Sri Lanka.