These Terms form the contract between the User and Aegon Life 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.
- Unauthorised 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 premium through the payment gateway and Aegon Life 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 Aegon Life Insurance for use of the payment gateway. Aegon Life Insurance 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 Aegon Life Insurance either in the website or any other communication, he shall immediately advise Aegon Life Insurance which will endeavour 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 Aegon Life Insurance and/or Service provider and the same shall be considered to be sufficient to operate the payment gateway. Aegon Life Insurance shall have no liability or obligation to independently verify the instructions or the authenticity of any transaction from the User. Aegon Life 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. Aegon Life 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 Aegon Life Insurance
Neither Aegon Life Insurance nor the service providers shall be liable for any unauthorised transactions occurring through the payment gateway and the User hereby fully indemnifies and holds Aegon Life 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. Aegon Life 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 Aegon Life Insurance. Under no circumstances shall Aegon Life 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 Aegon Life Insurance or will result in suspension of the operations through the payment gateway.
In consideration of Aegon Life Insurance providing the User the payment gateway, the User shall indemnify and hold Aegon Life 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 Aegon Life Insurance may incur, sustain, suffer or is likely to suffer in connection with Aegon Life 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 Aegon Life Insurance and /or the Affiliates, its officers, employees or agents, on the instructions of the User. The User will pay Aegon Life 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 Aegon Life 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 Aegon Life 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
Aegon Life Insurance 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 Aegon Life Insurance, the User shall be deemed to have accepted the changed Terms.
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
Aegon Life 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 under these Terms may be given by Aegon Life 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 Aegon Life Insurance to its corporate office address as set out hereinabove. In addition, Aegon Life 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.aegonlife.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 Mumbai in Maharashtra 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 unenforceability but shall not invalidate the remaining provisions of the Terms or affect such provision in any other jurisdiction.
The clause headings herein are for only for convenience and do not affect the meaning of the relative clause. Aegon Life 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 : Aegon Life Insurance shall be entitled to sell, assign, or transfer Aegon Life 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 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 policy 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 premium for the period on cover and the expenses incurred by the insurer on medical examination of the proposer and stamp duty charges. In respect of a unit linked policy, in addition to the deductions under sub-regulation (2) of this regulation, Aegon Life Insurance shall also be entitled to repurchase the unit at the price of the units on the date of cancellation.