Disclaimer

We are India's risk management company for the doctors and hospitals. We take our service charges from our customers or clients (Doctor/Hospital members) for the services promised to them during their tenure of membership with us. We are the corporate agent, duly licensed by the IRDA to sell Indemnity and other related policies of General Insurance related to the risk of doctors. We at present are also selling the indemnity policy of the insurance company as per the rates and schedules of insurance company. It should be understood clearly that our service charges are for the services rendered under our risk management company and our personalized services. With the Payment of risk management coverage beyond the membership period will not be counted in membership and will be considered as fresh membership. Any dispute arising in respect of payments directly or indirectly connected with laps due to payment beyond grace period shall not be entertained and Apex Insurance shall not accept any liability for the laps of the membership coverage or any other loss of any nature whatsoever on payments made beyond the grace period. The payment of renewal membership is permitted only by a member for a membership purchased by him. Payment is permitted only by using a personal credit card by the members and no third party payment of renewal membership is permitted. Payment through any Card issued outside India by any institution will not be permitted.

Definitions

In this document the following words and phrases shall have the meanings as set below unless the context indicates otherwise:

• 'PAYMENT GATEWAY' refers to the facility offered by Apex Insurance at its website www.aiclindia.com, which provides to the User facility to pay through its own credit card for membership charges of risk management coverage purchased from Apex Insurance and such other services as Apex Insurance may decide to provide from time to time. The availability/non-availability of a particular service shall be advised through email, web page of Apex Insurance or written communication. For the purpose of availing payment gateway, the User would need to be a current Internet user or have legal access to the Internet. Apex Insurance will advise from time to time the Internet software such as browsers which are required for using payment Gateway. There will be no obligation on Apex Insurance to support all the versions of this Internet software.
• 'PERSONAL INFORMATION' refers to the information provided by the User to Apex Insurance.
• 'TERMS' refer to terms and conditions herein for use of Payment Gateway.
• 'USER' refers to a prospective customer interested in buying membership coverage of Apex Insurance or an existing membership holder of Apex Insurance who has already purchased membership of Apex Insurance. In this document, all references to the User being referred in masculine gender shall be deemed to include the feminine gender.
• 'Membership' shall mean the risk management coverage purchased by the User from Apex Insurance and which has not lapsed.
• 'REGISTERED OFFICE' of Apex insurance consultant ltd, 54, Vinobapuri, Lajpat nagar 2, New Delhi - 24
• Applicability of Terms: These Terms form the contract between the User and Apex Insurance for Internet payment gateway. By using the payment gateway for the first time, the User acknowledges and accepts these Terms. Notwithstanding anything contained herein, all terms and conditions stipulated in the Policy shall continue to apply.
• Unauthorized Access: The User shall take all necessary precautions to prevent unauthorized and illegal use of payment gateway and therefore shall not disclose the details of its credit card to any other person to prevent its unauthorized use.
• Maintenance Of Sufficient Balance : The User shall ensure that there are sufficient funds (or prearranged credit facilities) in its credit card for payment of membership through the payment gateway and Apex Insurance shall not be liable for any consequences arising out of its failure to carry out the instructions due to inadequacy of funds and/or credit facilities.
• Accuracy of Information and Instructions: The User is responsible for the correctness of information supplied to Apex Insurance for use of the payment gateway. Apex Insurance consultant ltd accepts no liability for the consequences arising out of erroneous information supplied by the User. If the User notices an error in the information supplied to Apex Insurance either in the website or any other communication, he shall immediately advise Apex Insurance which will endeavor to correct the error wherever possible on a 'reasonable efforts'. The User is also responsible for the accuracy and authenticity of the instructions provided to Apex Insurance and/or Service provider and the same shall be considered to be sufficient to operate the payment gateway. Apex Insurance shall have no liability or obligation to independently verify the instructions or the authenticity of any transaction from the User. Apex Insurance shall not have any liability or obligation to keep a record of the instructions to provide information to the User or for verifying User's instructions. Apex Insurance may refuse to comply with the instructions without assigning any reason and shall not be under any duty to assess the prudence or otherwise of any instruction and have the right to suspend the operations through the payment gateway if it has reason to believe that the User's instructions will lead or expose to direct or indirect loss or may require an indemnity from the User before continuing to operate the payment gateway.
• Liability of the User and Apex Insurance Consultant Ltd: Neither Apex Insurance nor the service providers shall be liable for any unauthorized transactions occurring through the payment gateway and the User hereby fully indemnifies and holds Apex Insurance and the service providers harmless against any action, suit, proceeding initiated against it or any loss, cost or damage incurred by it as a result thereof. Apex Insurance shall under no circumstance be held liable to the User if the payment gateway is not available in the desired manner for reasons including but not limited to natural calamities, legal restraints, faults in the telecommunication network or network failure, or any other reason beyond the control of Apex Insurance Consultant Ltd. Under no circumstances shall Apex Insurance be liable for any damages whatsoever whether such damages are direct, indirect, incidental consequential and irrespective of whether any claim is based on loss of revenue, interruption of business or any loss of any character or nature whatsoever and whether sustained by the User or by any other person. Illegal or improper use of the Internet Banking shall render the User liable for payment of financial charges as decided by Apex Insurance or will result in suspension of the operations through the payment gateway.
• Indemnity : In consideration of Apex Insurance providing the User the payment gateway, the User shall indemnify and hold Apex Insurance and/or the Affiliates, as the case may be, including both their officers, employees and agents, indemnified against all losses and expenses on full indemnity basis which Apex Insurance may incur, sustain, suffer or is likely to suffer in connection with Apex Insurance or Affiliates' execution of the User's instructions and against all actions, claims, demands, proceedings, losses, damages, costs, charges and expenses as a consequence or by reason of providing a service through payment gateway for any action taken or omitted to be taken by Apex Insurance and /or the Affiliates, its officers, employees or agents, on the instructions of the User. The User will pay Apex Insurance and /or the Affiliates such amount as may be determined to be sufficient to indemnify it against any such, loss or expenses even though they may not have arisen or are contingent in nature.
• Disclosure of Information : The User agrees that Apex Insurance and/or Affiliates or their contractors may hold and process his Personal Information and all other information concerning his Account(s) on computer or otherwise in connection with the payment gateway as well as for analysis. The User also agrees that Apex Insurance may disclose, in strict confidence, to other institutions, such Personal Information as may be reasonably necessary for reasons inclusive of but not limited to participation in any telecommunication or electronic clearing network, in compliance with a legal directive, for fraud prevention purposes.
• Change of Terms: Apex Insurance consultant ltd shall have the absolute discretion to amend or supplement any of the Terms at any time. By using any new services as may be introduced by Apex Insurance, the User shall be deemed to have accepted the changed Terms.
• Non-Transferability: The grant of payment gateway to a User is not transferable under any circumstance and shall be used only by the User.
• Termination of payment gateway facility: Apex Insurance may at its sole discretion suspend or terminate the payment gateway facility at any time for any reason. The User will remain responsible for any transactions made through the payment gateway until the time of such termination.
• Notices: Notices under these Terms may be given by Apex Insurance 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 Apex Insurance to its corporate office address as set out herein above. In addition, Apex Insurance may also publish notices of general nature, which are applicable to all Users in a newspaper or on its web site located at www.riskmanagementbyapex.com. Such notices will have the same effect as a notice served individually to each User. Notice and instructions will be deemed served 7 days after posting or upon receipt in the case of hand delivery, cable, telex or facsimile.
• Governing Law: These Terms and/or the operations in the Accounts of the User shall be governed by the laws of India. The Parties hereby agree that any legal action or proceedings arising out of the Terms for Internet Banking shall be brought in the courts or tribunals at Delhi in India and irrevocably submit themselves to the jurisdiction of such courts and tribunals. Any provision of the Terms for payment gateway which is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of prohibition or un-enforceability but shall not invalidate the remaining provisions of the Terms or affect such provision in any other jurisdiction.
• General: The clause headings herein are for only for convenience and do not affect the meaning of the relative clause. Apex Insurance may sub-contract and employ agents to carry out any of its obligations under this contract. All costs incurred by the User including telecommunication costs to use the payment gateway would be borne by the User.
• Assignment: Apex Insurance consultant ltd shall be entitled to sell, assign, or transfer Apex Insurances right and obligations under the Terms. Any such sale, assignment, or transfer shall conclusively bind the User and all other persons. The User, his heirs, legal representatives, executors, administrators and successors are bound by the Terms. However, the User shall not be entitled to transfer or assign any of his rights and obligations hereunder.
• Cancellation of policy : the User has a period of 30 days from the date of receipt of the policy/ membership document to review the terms and conditions of the policy and where the User disagrees to any of those terms or conditions, he has the option to return the membership coverage stating the reasons for his objection, when he shall be entitled to a refund of the premium paid, subject only to a deduction of a proportionate risk management charges for the period on cover and the expenses incurred by the company. The purpose of purchasing the risk management coverage is purely for protection of Doctors/Hospitals.

The terms include these points too:

• That member has taken expert services of the company after paying the required fee for above-mentioned years and had also opted for professional indemnity insurance through its primary insurer
• That the company will provide all its promised services when ever required by its member and will not charge any amount for this.
• That the company undertakes the indemnity policy of the member for the purpose of service providing. That the company also agrees to provide all services free of cost which is covered in the above said policy.
• That the Company will arrange all the legal helps, experts and experienced medico-legal lawyer to fight the case of its member.
• Any legality means any legal problems being faced by Company's member during the tenure of hired Services or membership.
• Since the insurance companies only covers the professional negligence cases under consumer forum, Apex undertakes all cases may be it is criminal or under any act or law.
• That any pre-membership cases will be duly charged by the company but it will be very concessional depending on the nature of case. Pre-membership means the first cause of action for which case has begun is not within the membership tenure.
• That the company extend its expert services and legal experts up to the highest authority of country (Court) free of cost and will cover all aspects of a specialization irrespective of the fact that insurance company covers it or not. That it should be understood that the scope and range of services provided by Apex Insurance Consultant Ltd is different from those of Insurance company whose policies (indemnity) is promoted by Apex Insurance Consultant Ltd.
• Membership period means the period commencing from the effective date and hour as shown in the policy schedule and terminating at midnight on the expiry date.

IRDA Public Notice on Spurious Phone Calls and Fictitious/Fraudulent Offers

Beware of spurious phone calls and fictitious/fraudulent offers. IRDA Clarifies to public that :

• IRDA or its officials do not involve in activities like sale of any kind of insurance or financial products nor invest premiums.
• IRDA does not announce any bonus. Public receiving such phone calls are requested to lodge police complaint along with details of phone call, number.