WhatsApp - Terms and Conditions | Aviva India

WhatsApp - Terms and Conditions

Below terms and conditions shall be binding on the User of these “WhatsApp Services” (or simply referred as “Services”) introduced by Aviva Life Insurance Company India Ltd. (hereinafter referred to as “Aviva”).

  1. The User hereby agrees and undertakes that he shall use the Services only if he fulfils the eligibility criteria as given below and shall otherwise not use the Services:
    1. The User is an individual;
    2. The User is a major;
    3. The User is of sound mind, and competent to contract as per Indian Contract Act, 1872.
       
  2. The User agrees and understands that the WhatsApp application is owned and controlled by an independent third party which is unaffiliated with Aviva. Aviva is not responsible for the privacy or security policies of WhatsApp and any other entity that may be linked to/ from/ within it, and does not assume liability for any damage incurred by the User from the use of said application. The User fully understands that Aviva is not endorsing the products or services of WhatsApp or of any advertisement etc. appearing thereon. The use of WhatsApp shall be an independent arrangement between the User and WhatsApp and the User shall independently be guided by the privacy policies and terms of use of WhatsApp, and Aviva shall not be party to the same nor shall have any concern with the same.
     
  3. The User hereby agrees that by completing the registration process prescribed by Aviva for the Services and by agreeing to these Terms and Conditions, the User agrees to avail of the Services (i.e. to receive notifications/ alerts/ acknowledgements/ updates via WhatsApp on his mobile number registered with Aviva including information in relation to the Policy Account, transaction details, value added subscriptions, transaction alert notifications, regulatory updates, personalized offers, new product features etc.). The User hereby agrees to grant express authority to Aviva for carrying out the Services requested by the User on WhatsApp from its Registered Number. The User hereby agrees and consents to Aviva for providing the Services through WhatsApp as a medium. The User hereby expressly agrees and consents to Aviva for sharing and/or displaying User Information including information which may constitute as sensitive personal data or information, on WhatsApp as may be necessary for providing these Services.
     
  4. The User may request for de-registration of the Services by writing to Aviva with the request to de-register from WhatsApp Services. The User understands that the de-registration may not be immediate and may take some time for the same to come into effect.
     
  5. The User unconditionally and irrevocably agrees to the following:
    • That all the Services provided to him are subject to applicable law and the rules, regulations, notifications, circulars and guidelines introduced or amended from time to time by the IRDAI and/or any regulatory/ statutory/ governmental authority.
    • That the User shall provide Aviva with such information and/or assistance as is required for the performance of the Services.
    • That the User shall not submit or transmit any content through this Service i.e.:
      1. Obscene, vulgar, or pornographic, immoral, illegal, illicit, unethical, anti-social etc.;
      2. Encourages the commission of a crime or violation of any law;
      3. Violates any state or federal law in India and/or the jurisdiction in which you reside;
      4.  Infringes the intellectual property rights of a third party.
         
  6. That Aviva may advise from time to time the versions of the operating systems on the Devices which are required for availing the Services and/or registration of the Services. There will be no obligation on Aviva to support all the versions of the operating systems. The User agrees that he shall be responsible for upgrading any software, hardware and the operating system at his cost from time to time so as to be compatible with that of Aviva. That the User shall not reproduce, copy, or redistribute for commercial purposes any materials or design elements of the Services provided hereunder.
     
  7. The User understands that using WhatsApp may carry some risks. Further, any message and information exchanged on WhatsApp shall be subject to the risk of being read, interrupted, intercepted, or defrauded by third party or otherwise subject to manipulation by third party or involve delay in transmission. Aviva shall not be responsible or liable to the User or any third party for the consequences arising out of or in connection with using of this Service. Aviva will have no liability in case of any fraud or impersonation incidents through WhatsApp.
     
  8. The User undertakes to ensure that he shall not reveal his password to any third party including any employees or representatives of Aviva. The User understands that his Device is vulnerable to the threats such as but not limited to:
    1. unauthorized access by intruders to the data/information contained on such Device;
    2. identity theft;
    3. privacy violations;
    4. planting of stealth software, malware, viruses etc;
    5. disablement or distortion of operations;
    6. interception of the transmission of encrypted data/message etc.
      Aviva shall not be responsible or liable to the User or any third party for the consequences arising out of or in connection with using of this Service. The User is responsible for maintaining the security and safeguarding of his account on WhatsApp as well as the registered mobile number and linked Device(s).
       
  9. The User shall ensure appropriate network connection and the receipt of messages by the User shall be subject to the network connection and Aviva shall not be held responsible for any delay or non-receipt of the responses from Aviva. The User is aware that using any mobile application involves many uncertain factors and complex software, hardware, systems, etc. which are susceptible to interruptions and dislocations. Aviva does not make any representation or warranty that the Services will be available at all times without any interruption. The User agrees that he shall not have any claim against Aviva on account of any suspension, interruption, non-availability or malfunctioning of any of the Services including due to any link/mobile/system/ technology failure at the Aviva’s end for any reason thereof.
     
  10. The User hereby unconditionally and irrevocably understands and agrees that he must:
    1. Keep the passwords to his Device fully and strictly confidential and shall under no    circumstance reveal any of the password(s) to any other person;
    2. commit the password to memory and not record any of them in a written or electronic form;
    3. not let any unauthorized person have access to his Device or leave his Device unattended while accessing his WhatsApp;
    4. put in place a passcode or password or PIN or a security key of similar nature to lock/ restrict access to his Device and secure it from any unauthorized access and not share such passcode/ password/ PIN/ security key with any other person;
    5. not remove the restrictions that may be imposed by the Device provider on the Device;
    6. take adequate precautions from any ransomware, malware, virus or any other security threat from entering the Device, including installing adequate anti-virus protection.
    7. The User hereby agrees and accepts that he shall at all times be solely responsible for the protection and safe keep of his SIM card, Device and the applications installed thereon, specifically WhatsApp, login ids, User Information, security details and passwords as mentioned hereinabove and hereby fully agrees that Aviva shall in no manner be liable for any direct or indirect or consequential or other loss occurring out of any action or omission because of compromise of the same.
       
  11. The User agrees that he understands the risks of losing his SIM card or transferring his SIM card to another device. Further the User understands the risks of compromise of his QR code and the implications that it may have on his WhatsApp, including access by a third party to the User’s WhatsApp and the Services. The User agrees that Aviva assumes no liability whatsoever in case of any event of such compromise of the User’s WhatsApp and Aviva shall not be held responsible for any such event. Further, the User agrees and understands that WhatsApp can also be logged on more than one device at the same time, including by using web log in and the User is aware of the risk in this regard while availing the Services such as compromise of User Information, breach of security of the User’s WhatsApp account from a device other than the Users etc. and the User undertakes to be vigilant and careful and takes full responsibility for the security of his WhatsApp account. Aviva shall not be responsible or liable to you or any third party for the consequences arising out of or in connection with using of this Service. The User also agrees and accepts that any person having access to any such email/phone number/authentication form factor/Customer’s Registered Mobile Number, shall be deemed to be duly authorised by the User and acting for and on behalf of the User, with the authority and intention to bind the User irrevocably with any actions pursuant thereto including the acceptance of these Terms and Conditions, vis-à-vis Aviva.
     
  12. The User hereby acknowledges that he is availing the Service(s) at his own risk and the User shall not hold Aviva responsible or liable for any of the risks. Apart from the risks mentioned above, these risks would include but not be limited to the following:
    1. Misuse of Password: The User acknowledges that if any third person obtains access to the User's Device or SIM card or the User’s WhatsApp, such third party may be in a position to access User’s Confidential Information. The User shall at all times ensure that the Terms and Conditions applicable to the use of the password and security of WhatsApp and the Device of the User are strictly complied with at all times.
    2. Internet Frauds: The internet per se is susceptible to a number of frauds, misuse, hacking, phishing and other actions which could threaten the security of the information available to the User while availing the Services. While Aviva shall aim to provide security to prevent the same, it cannot guarantee any safeguard from such internet frauds, hacking, phishing and other actions which could affect any instruction(s) given to Aviva for availing the Services. The User has evolved/ evaluated all risks arising out of the same. The User agrees that Aviva is providing the Services at the User’s sole risk. The User agrees that Aviva shall not be liable for any loss, damages or consequences whatsoever arising due to any erroneous or incomplete information or any delay in executing the instructions for reasons beyond the control of Aviva.
    3. Technology Risks: The technology for enabling the Services offered by Aviva could be affected by ransomware, virus or other malicious, destructive or corrupting code, programme or macro or any other security threat. It may also be possible that the site of Aviva may require maintenance and during such time it may not be possible to process the request of the Users. This could result in delays in the processing of instructions or failure in the processing of instructions and other such failures and inability. The User understands that Aviva disclaims all and any liability, whether direct or indirect, whether arising out of loss of profit or otherwise arising out of any failure or inability by Aviva to honour any User instruction for whatsoever reason. The User unequivocally and unconditionally understands and accepts that Aviva shall not be responsible for any of the aforesaid risks. The User also accepts that Aviva hereby disclaims all liability in respect of the said risks.
       
  13. The User agrees that he is responsible for the correctness of information supplied to Aviva in the course of availing the Services. Aviva accepts no liability for the consequences arising out of erroneous information supplied by the User. The User agrees that if he notices any error in any information supplied to the User by the use of any of the Services, the User shall inform Aviva of the same, as soon as possible. Aviva will endeavor to correct the error promptly.
     
  14. The User agrees that all information that may be provided on WhatsApp, upon making a request to that effect, are information extracted from a computerized backup system maintained by Aviva and may not be continuously updated in real time. Aviva shall provide the information as may be last updated on the systems of Aviva. While Aviva will take all reasonable steps to ensure the accuracy of the information provided, it shall not be liable for any error or held responsible for any loss incurred or action taken by the User by relying on such information.
     
  15. The User undertakes to indemnify and keep Aviva and its officers/employees, agents and directors fully indemnified and harmless from and against all the consequences of breach of any of these terms, conditions, including undertakings, representations and warranties mentioned herein, or in the event of any of its representations or warranties found to be false at any point of time, including any actions, notices, suits, claims, proceedings, damages, liabilities, losses, expenses, costs or penalties, suffered or incurred by Aviva including from any third parties.
     
  16. The User has read, understood and accepted the Privacy Policy of Aviva which can be found at https://www.avivaindia.com/privacy-policy (“Privacy Policy”). All the changes thereto from time to time by Aviva shall be binding on the User and the User shall keep himself updated of the changes in Privacy Policy from time to time by using the Aviva’s website for this purpose.
     
  17. Aviva shall be entitled to withdraw/ discontinue/ suspend/ disallow the use of any of the Services at any time, at its sole and absolute discretion without need for any permission from or notice to the User.
     
  18. These Terms and Conditions and/or the use of the Services provided through WhatsApp shall be governed by the laws of the Republic of India and no other nation. The User agrees to submit to the exclusive jurisdiction of the Courts located in New Delhi, India as regards any claims or matters arising under these Terms and Conditions. Aviva accepts no liability whatsoever, direct or indirect, for non-compliance with the laws of any country other than the Republic of India. The mere fact that the Service may be accessed through the internet by a User in a country other than India shall not be interpreted to imply that the laws of the said country govern these Terms and Conditions and/or the use of the Services.
     
  19. The User hereby expressly acknowledges and confirms that the User has read, verified, understood, irrevocably agreed to and accepted and delivered all the terms and conditions contained herein by ticking/clicking the “I agree to the terms and conditions” or any similar icon/tab/option on the online system/ Website/portal/platform of Aviva as well as by entering the one time password (OTP) sent to the User’s registered mobile number and/or any other mode of authentication or registration process prescribed by Aviva from time to time, and that there is no requirement of User’s any other signature or physical signature for the Terms and Conditions or of the User signing the Terms and Conditions in physical form. The User hereby expressly acknowledges and confirms that at the time of accepting these Terms and Conditions as above, the User fulfils the eligibility criteria to utilize the Services as provided in these Terms and Conditions.