InterMiles Exclusives | Insurance:
The terms and conditions set out below (“Terms & Conditions”) is a legal document which governs the use of [insure.intermiles.com] (“Site”) and the purchase of any Insurance Policy (defined hereinafter) on such Site. The Site is owned and operated by Jet Privilege Private Limited (“JPPL”), a company incorporated under the Companies Act 1956, and having its registered office at Jet Privilege Private Limited., Kanakia Wall Street, 7, 703, Kanakia Wall Street, Andheri Kurla Road,Andheri East, Mumbai 400099, Mumbai Suburban, Maharashtra India. These Terms & Conditions shall apply to the relationship between the Member (defined hereinafter) and JPPL and are intended to protect both the Member and JPPL. These Terms & Conditions are effective as on the date of their publication and may be changed / modified by JPPL at any time.
1. ACCEPTANCE
1.1. By entering the Site and availing of the services herein, the Member hereby certifies that:
(a) The Member is competent to enter into a legally binding and enforceable contract and have the authority to enter into the same; and
(b) The Member agrees to be bound by all provisions of these Terms & Conditions and any other documents incorporated by reference herein.
1.2. By entering this Site, the Member is further deemed to have executed this document electronically effective on the date of such action. Such action constitutes an acknowledgement that the Member is able to electronically receive, download, and print these Terms & Conditions, and any amendments hereto.
2. DEFINITIONS
For the purpose of this document, unless the context specifies otherwise, the following terms shall have the meanings defined as under:
"Insurance Partner" means any insurance provider which has partnered with JPPL for extending insurance cover under an Insurance Policy to Members and has been listed in Schedule I.
“Insurance Policy” means any policy of insurance which has been executed between JPPL and the Insurance Partner for extending insurance cover to Members in accordance with the Policy Document.
“InterMiles Member Account” means the membership account of the Member which contains details of Member’s transaction through InterMiles.
“InterMiles” or “InterMiles Programme” means the loyalty and rewards programme owned, managed and operated by JPPL offering benefits, facilities or arrangements to Members by reason of their membership into the programme.
“InterMiles Membership Number” means the membership number granted to the Member in pursuance of the InterMiles Programme
“Member(s)” means member(s) of the InterMiles Programme.
“Policy Document” means the document governing the terms and conditions of the Insurance Policy.
“Third Party” means any person other than JPPL and the Member.
3. SCOPE OF JPPL SERVICES
3.1. JPPL seeks to provide the Members an opportunity to avail the benefits of insurance cover under the Insurance Policy executed with the Insurance Partner. JPPL shall, in respect of the Insurance Policy, function as a master policyholder with the Member who opts for the Insurance Policy being treated as the beneficiary.
3.2. The role of JPPL shall be limited to collecting premium for the Insurance Policy from the individual Members and remitting the same to the Insurance Partner.
4. ELIGIBILITY TO USE
The services offered in this Site or any pages thereof can be availed only by Members who are competent to enter into a legally binding and enforceable contract and have the authority to enter into the same. JPPL reserves the right to refuse access to use the services offered in the Site to Members at any time for inspection, investigation and prevention of fraudulent activities or for such other reasons it may deem fit.
5. MODE OF APPLICATION AND ACCEPTANCE
5.1. Login
The Member shall firstly login to his InterMiles Member Account by entering his InterMiles Membership Number and such other valid credentials as required. Thereafter, the Member may select any Insurance Policy of his choice.
5.2. Perusal of Policy Document
The Member shall be then provided with an electronic copy of the concerned Policy Document. It shall be his sole responsibility to read and understand the terms and conditions of the Policy Document before proceeding any further with the application.
5.3. Provision of details
The Member shall then insert or modify his personal details for the purpose of the Insurance Policy application. It is the sole responsibility of the Member to ensure that he provides correct particulars as requested for the purpose of such application. Any disputes surrounding incorrect entry of particulars shall not be entertained by JPPL post completion of purchase of Insurance Policy. If the member wishes to modify any of the details related to the Insurance Policy, he/she should directly contact the Insurance Partner for the same.
5.4. Payment of premium
Pursuant to the insertion of the application details as mentioned in Clause 5, the Member shall be directed to the payment gateway operated by JPPL for payment of premium in respect of the concerned Insurance Policy. JPPL shall collect the premium on behalf of the individual Members and remit it to the Insurance Partner upon acceptance of the application. It is clarified that the collection of the premium constitutes merely a provisional acceptance and shall not be construed as a binding contract. In the event that the application is rejected by the Insurance Partner for any reason, the Member shall avail a refund in accordance with Clause 5.7.
5.5. Consideration of application
The Member shall be admitted as a beneficiary to the Insurance Policy only upon acceptance of the application by the Insurance Partner. The Insurance Partner may decline to accept the Member’s application on such grounds including but not limited to those listed below:
(i) The Member has provided incorrect particulars in the application;
(ii) The Member has not met the eligibility criteria specified in the concerned Policy Document;
(iii) The Member’s applications for Insurance Policies have been cancelled two times within a period of 365 days immediately preceding the date of payment of the premium; or
(iv) Any other reason it may deem fit at its sole discretion. It is clarified that neither the Insurance Partner nor JPPL is bound to furnish the reason for the rejection of the application.
It is clarified that neither the Insurance Partner nor JPPL is bound to furnish the reason for the rejection of the application.
5.6. Acceptance of application
The Member shall be notified, by the Insurance Partner, of the acceptance of his application by email. Upon acceptance of the application, the Insurance Partner shall issue the Certificate of Insurance within two working days from the date of payment of the premium. In any event, the Member is not entitled to avail the benefit of cover under more than one Insurance Policy at the same time.
5.7. Rejection of application
In the event of an application not being accepted by the Insurance Partner due to any reason whatsoever, JPPL shall intimate the concerned Member of the non-acceptance by email. Further, JPPL shall refund the premium to the Member within 14 working days from the date of payment of the same.
6. DISCLAIMER OF LIABILITY
6.1. JPPL shall not be liable for any damages, direct or indirect, special, incidental, or consequential damages, losses or expenses in respect of any activities connected with the purchase of the Insurance Policy or use of this Site.
6.2. Without prejudice to the provisions of the above Clause 6.1, JPPL shall not be responsible for, and expressly disclaims liability of any kind in respect of the following activities:
(a) Acceptance of application by the Insurance Partner
(b) Issuance of Certificate of Insurance to the Member within the stipulated time.
(c) Modification of details submitted as a part of the application subsequent to purchase of Insurance Policy.
(d) Undertake any guarantee that the Insurance Partner shall perform its obligations under the Insurance Policy without breach of the terms and conditions in the Policy Document.
(e) Resolve queries of Members on matters connected with or related to the Insurance Policy.
(f) Undertake registration, payment or settlement of claims made by the Member under the Insurance Policy.
(g) Mediate, resolve, arbitrate or settle any dispute or disagreement between the Member and Insurance Partner arising in relation to the Insurance Policy.
7. QUERIES RELATING TO INSURANCE POLICY
For queries on matters connected with or relating to the Insurance Policy including terms and conditions of the cover, registration of claims and settlement of claims, Members shall contact the Insurance Partner at the coordinates mentioned in the Policy Document. JPPL does not undertake to resolve these queries or extend any other kind of assistance in matters connected with the Insurance Policy.
8. INTELLECTUAL PROPERTY & COPYRIGHT
All copyrights, trademarks and intellectual property rights pertaining to the Site and pages thereof, their contents and their arrangement, are owned by JPPL, unless otherwise indicated. No one may copy, reproduce or distribute any part of this Site or any page thereof with or without modification or any data contained within the Site without prior written consent of JPPL. Any Member shall not commercially exploit the identity, logo or services of JPPL. JPPL reserves the right to seek injunctive and other similar remedies before the appropriate forum or court of law so as to prevent any such instances of infringement.
9. THIRD PARTY CONTENT
9.1. All kinds of text, graphics, trademarks, brands, logos, product listings and specifications and such other advertisements related to the Insurance Policies offered by Insurance Partners as well as other data from external sources are made available on this Site (“Third Party Content”).
9.2. Such Third Party Content is provided on an 'As Is' basis. JPPL does not own / have the rights and title to any such Third Party Content, or provide any guarantee with respect to the accuracy, title, merchantability, non-infringement or fitness for a particular purpose of any Third Party Content and shall not be held liable for any loss suffered by any Member based on his reliance on or use of such Third Party Content.
10. NO WARRANTY
JPPL does not and shall not make any warranty or representation as regards the following:
(a) Accuracy, adequacy or completeness of the information and materials displayed on this Site or any pages redirected from this Site. JPPL expressly disclaims liability for errors or omissions in this information and materials; and
(b) Specifics (including but not limited to quality, value, non-infringement of Third Party rights, title, merchantability and fitness for a particular purpose) of the Insurance Policies sold by Insurance Partners.
(c) Timely and satisfactory performance by the Insurance Partner, of his obligations, under the Insurance Policy.
11. UNAUTHORIZED USE OF SITE
11.1. The following instances shall amount to unauthorised use of Site:
(a) Posting of or uploading content which infringes any patent, trademark, copyright or other proprietary rights;
(b) Posting of or uploading content which contains software viruses, or any other computer code, files or programs designed to interrupt destroy or limit the functionality of any computer resource;
(c) Posting of or uploading content which deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
(d) Engaging in tampering of the Site including modification of URLs, distributing unauthorised URLs, email cloaking, running automated scripts or pages being speared and such other activity that interferes with or disrupts access to the Site or the services performed through it; and
(e) Undertaking such other activity in violation of these Terms & Conditions.
11.2. In the event of such unauthorised use, JPPL reserves the right to revoke, suspend or terminate the concerned InterMiles Member Account and forfeit any InterMiles or Partner InterMiles that have accrued in the account. The Member further agrees and acknowledges that JPPL shall not be held liable for any loss or liabilities incurred by the Member or any Third Party as a consequence of such unauthorized use.
12. INDEMNIFICATION
The Member shall indemnify and hold harmless JPPL, its owner, licensee, affiliates, subsidiaries, group companies and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys' fees, made by any Third Party or penalty imposed in relation to or connection with the following events:
(a) Any breach of these Terms & Conditions, Privacy Policy and such other Policies;
(b) Any incidents arising out of, or in connection with the use of this Site; and
(c) Infringement and any other kinds of misuse of rights of a Third Party, including any intellectual property rights.
13. DISCLAIMER OF LIABILITY
13.1. In no event shall JPPL be held liable for any damages, direct or indirect, special, incidental, or consequential damages, losses or expenses arising in connection with the use of this Site or any pages redirected from this Site.
13.2. Without prejudice to the generality of the above disclaimer, JPPL shall not be held liable in respect of occurrence of the following events:
(a) Delay or inability to use this Site or related pages or the provision of or failure to provide any information, software, products, and related graphics obtained through the Site, or otherwise arising out of the use of the Site, whether based on contract, tort, negligence, strict liability or otherwise;
(b) Non-availability of the Site during periodic maintenance operations or any unplanned suspension of access to the Site that may occur due to technical reasons or for any reason beyond JPPL’s control;
(c) Any damage to computer systems or loss of data that results from the download of such material or data; and
(d) Any errors or omissions, with respect to any information provided to Members whether on behalf of itself or third parties.
14. MODIFICATION
14.1. JPPL may, at any time, make any change, add to or modify these Terms & Conditions without giving notice to the Member.
14.2. In the event JPPL makes any changes to these Terms & Conditions, Members will be taken to have received notice upon JPPL posting details of such changes in the Site.
15. CHOICE OF LAW & JURISDICTION
These Terms & Conditions shall be governed by and interpreted and construed in accordance with the laws of India. JPPL and Members agree to submit all disputes arising out of or in relation to these Terms & Conditions to the exclusive jurisdiction of the courts in Mumbai.
16. POLICY DOCUMENT TO PREVAIL
These Terms & Conditions shall not, in any way, preclude the applicability of the Policy Document as regards the provisions contained therein. For the avoidance of doubt, it is clarified that these Terms & Conditions shall not supplant or modify or otherwise alter the rights and obligations of the parties to the Policy Document.
16.1. Assignment
JPPL shall have the right to assign its rights, obligations and licenses under these Terms & Conditions to any other person or entity, at its own sole discretion. The Member shall however not be entitled to assign his rights, obligations or licenses granted under these Terms & Conditions without the prior written consent of JPPL.
16.2. Communication
All notices to JPPL intended to have a legal effect must be in writing and delivered either (a) in person; (b) by a means evidenced by a delivery receipt, to the following address: Jet Privilege Private Limited. Kanakia Wall Street, 7, 703, Kanakia Wall Street, Andheri Kurla Road,Andheri East, Mumbai 400099, Mumbai Suburban, Maharashtra India; or (c) in writing via email to ”memberservices@intermiles.com”. All such notices are deemed effective upon receipt by JPPL.
16.3. Severability
If, for any reason, a court of competent jurisdiction finds any provision of these Terms & Conditions, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder shall continue in full force and effect. JPPL may amend in a reasonable manner such provision to make it enforceable and such amendment will be given effect in accordance with such amended Terms & Conditions
16.4. Waiver
Any failure or delay by JPPL to enforce or exercise any provision of these Terms & Conditions, or any related right, shall not constitute a waiver of that provision or right. Any waiver by JPPL shall only be made in writing and executed by a duly authorized officer of JPPL.