Terms and Condition

User Agreement

This User Agreement (‘Agreement’) is a contract between You (‘User’/‘You’), in capacity of an authorized representative of the User Company, and Total Insurance. The domain name https://total-insurance.in is operated/ owned by Total Insurance. By using or visiting https://total-insurance.in (the ‘Website’ or ‘Site’) or any Total Insurance products, software, data feeds, and services provided to You on, from, or through the Total Insurance Website, You acknowledge that You have read and accept the all of these terms and conditions (‘T&Cs’) contained in this Agreement and any other applicable agreements on this Website. If You do not agree to any of these T&Cs, please do not use this Website or the Services provided thereunder. Total Insurance reserves the exclusive right to decide what can be and cannot be done through its website.

This document is an electronic record in terms of applicable law, as amended from time to time, that requires publishing the rules and regulations, privacy policy and user agreement for accessing and/ or transacting and/ or usage of the Website and sets out the T&Cs governing it and the disclaimers or any other terms which supplement or vary the same.

The terms defined herein shall mutatis mutandis apply to the Privacy and Security Policy and such other policies, as may be added, from time to time by Total Insurance (each, a ‘Policy’). This electronic record is generated by a computer system and does not require any physical or digital signatures. By accessing the Website in any way, or, by availing of any Services offered on the Website, from time to time or by subscribing to or use any of the services offered on the Website, you agree that you have read, understood the T&Cs along with the terms laid down in each Policy, as applicable.

We reserve the right, at our sole discretion, or as may be required by law, to amend the T&Cs anytime without any prior intimation to You. Your continued use of the Website after such an amendment will be deemed as your acceptance of such modified T&Cs.

These T&Cs apply to all Users and their authorizing User Companies accessing the Website as well as using the Services. 

1. DEFINITIONS:

1.1.         ‘Account’ means a Card or a Bank Account, both jointly and severally, as the context may require.

1.2.         ‘Affiliate’ means a person that controls, is controlled by or is under common control with, another person. For the purposes of this definition, ‘control’ when used with respect to any specified person means the power to direct the management and policies of such person, directly or indirectly, whether through the ownership of voting securities, by contract or otherwise; and the terms ‘controlling’ and ‘controlled’ have correlative meanings to the foregoing.

1.3.         ‘Agreement’ means this User Agreement (including its schedules), as it may be amended from time to time by Total Insurance.

1.4.         ‘Applicable Law’ means any law, statute, rule, regulation, order, circular, decree, directive, judgment, decision or other similar mandate of any applicable central, national, state or local governmental authority having competent jurisdiction over, or application to the Party or subject matter in question.

1.5.         ‘Bank Account’ means a banking account maintained by the Parties with a bank.

1.6.         ‘Business Day’ means a day (other than Saturday or Sunday and any other public holidays) on which banks are generally open for business.

1.7.         ‘Content’ means text, graphics, images, software, audio, video, including information/data the User may view on, have access through, or contribute during the Transaction.

1.8. ‘Client’ refers to an individual/entity who enters into a contractual relationship with Total Insurance and completes Total Insurance’s user registration process, including but not limited to the User, CHA, shipping line entities, container freight station (‘CFS’), etc.

1.9. ‘Custom House Agent’ or ‘CHA’ means any individual/entity licensed under the regulations prescribed by the Government of India to act as an agent for the transaction of any business relating to the entry or departure of conveyances or the import or export of goods at any customs station.

1.10. ‘Fees’ or ‘Transaction Fee’ means the fees payable by the User, as specified on the Website page while initiating the electronic payment process, to Total Insurance for availing the Services.

1.11. ‘Force Majeure Event’ has the meaning assigned in Clause 17.

1.12. ‘Intellectual Property Rights’ means any and all patents, copyrights, trademarks, trade secrets, service marks, designs, inventions, invention studies (whether patentable or not), mask works, domain names and registrations, trade names, secret formulae, secret processes, computer programs, confidential information, know-how and any other intellectual property or proprietary rights; any and all enhancements or derivative works of any of the foregoing; and any and all applications for any of the foregoing, in all countries in the world.

1.13. ‘Nodal Bank’ means the bank(s) designated by Total Insurance (as per the applicable guidelines/regulations of the Reserve Bank of India or any other statutory/regulatory body that may regulate Total Insurance from time to time) used for routing the User remitted electronic payments in favor of the desired third-party entities.

1.14. ‘Participating Banks’/’Payment Service Providers’/’Payment Gateways’ means banks and other entities offering services relating to payment transmission, with whom Total Insurance has business arrangements.

1.15. ‘Partner’ or ‘Partners’ means to be referred individually or collectively to Total Insurance’s partner through whom Total Insurance provides the service including but not limited to courier, insurance, transportation, survey companies.

1.16. ‘Party’ and ‘Parties’ means to be referred individually and collectively to Total Insurance and the User.

1.17. ‘Payment Request’ means a submission of data electronically transmitted to initiate electronic transfer of payment/s, which constitutes a request by its Clients to Total Insurance to seek the Participating Banks to authorize, process and remit payments as per Client instructions.

1.18. ‘Product’ means any good or service sold or provided by the third party entity, which the User chooses to avail using the Services.

1.19. ‘Reserve Bank of India’ or ‘RBI’ means the central bank of India.

1.20. ‘Sales Channel Partner’ means Total Insurance acting as a sales agent for its Partners.

1.21. ‘Systems’ or ‘Total Insurance Systems’ or ‘Processing Mechanism’ means Total Insurance and each of its contractor’s and subcontractor’s electronic systems performing the Services, including processing of Payment Requests, and includes any software and other Intellectual Property Rights utilized therein. For the avoidance of doubt, Participating Banks systems will not be deemed to be part of Total Insurance Systems.

1.22. ‘Services’ means to include all aspects of Total Insurance, including but not limited to all fund transfer services, information communication, software as well as other value-added services offered via the Website now or in the future;

1.23. ‘Transaction’ means a process initiated by the User to avail the Services (singularly or collectively) offered by Total Insurance on the Website against payment of the Transaction Fee.

1.24. ‘User Company’ means to include a proprietorship entity, partnership/limited liability partnership firm registered under the Indian Partnership Act, 1932, company incorporated under the Companies Act, 1956 or Companies Act 2013 thereby authorizing the User to act on its behalf in capacity of its representative.

1.25. ‘User Company Client’ means to be an individual or entity granting due authorization to the User/User Company to act on their behalf.

1.26. ‘Website’ means all or a portion of the webpage/s which is identified by the URL www.Total-Insurance.in (or any successor or replacement of such website).

2. REGISTRATION and ACCOUNT INFORMATION:

2.1. The User, on behalf of and with valid, existing authorization from the User Company, shall create an account using a User-Customer Id and Password to access the full range of Services offered on the Website. Prior to utilizing the Services, the User shall provide and record personal information such as name, contact address, telephone number, email, as well as User Company details including name, registered office address, email address, mobile number, PAN number, license number, and other pertinent information as outlined in the registration form. The User is required to provide accurate, truthful, and up-to-date details.

2.2. Furthermore, the User represents that they are authorized by the User Company to provide instructions on behalf of the User Company, and that the User Company accepts responsibility for all acts or omissions caused or that may be caused by the User while utilizing the Services or the Website.

2.3. The User agrees that Total Insurance is entitled to assume that all instructions received from the User-Customer Id are authentic and have been legitimately issued by the User.

2.4. Any information provided during the registration process or otherwise will be safeguarded in accordance with our Privacy and Security Policy available at Privacy and Security Policy.

2.5. If You utilize the Website, You are accountable for maintaining the confidentiality of your password and account, as well as any activities occurring through your account. We shall not be liable to any individual for any loss or damage resulting from any failure by You to safeguard your password or account. If You suspect or become aware of any unauthorized use of your password or account, You should promptly notify us. If we have reason to believe that there is likely to be a breach of security or misuse of the Website, we may require you to change your password or we may suspend your account without any liability whatsoever.

2.6. You also agree and confirm that you will:

(i) Provide accurate, current, and complete information whenever prompted by the Website or when required by the Website’s registration form (“Registration Data”).

(ii) Maintain and promptly update the Registration Data to ensure it remains accurate, current, and complete at all times. We reserve the right to verify and validate the information and other details provided by You at any time. If You provide any information that is untrue, inaccurate, incomplete, or not current, or if we have reasonable grounds to suspect that such information is not in accordance with this Agreement (whether wholly or in part thereof), We reserve the right to reject your registration and/or indefinitely suspend or terminate your membership and refuse to provide you access to the Website.

(iii) Indemnify and hold Total Insurance and its Affiliates harmless from any claims arising from the use of any details/information/Registration Data that You post and/or supply to Total Insurance. Total Insurance reserves the right to remove any such details/information/Registration Data posted by You without prior notice.

(iv) Grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright, publicity, and database rights (but no other rights) that you have in the Registration Data, in any media now or in the future known, with respect to your Registration Data solely to enable us to use such Registration Data You have supplied to us.

3. SERVICE DESCRIPTION:

3.1 Total Insurance serves as a platform or intermediary, acting as a Sales Channel Partner and facilitating the transfer of documents (electronically or otherwise) and electronic payments to designated third parties and vice versa. Response documents, such as but not limited to invoices, delivery orders, bill of lading, or similar documents issued by these desired third parties, shall be transmitted to the User via the Website under the authorization granted to Total Insurance by said third parties.

3.2 User instructions shall be processed during normal business hours of a standard Business Day while availing the Services. Instructions provided beyond business hours or on weekly offs/holidays/public holidays will be executed on the next immediate Business Day.

4. PAYMENT OF FEES:

4.1 In exchange for the provision of Services, Total Insurance is entitled to a Transaction Fee per Transaction conducted by the User. The details of the Transaction Fee are outlined in the payment section on the Website.

4.2 Total Insurance reserves the right to levy additional transaction failure fees on the User for Transactions processed through the Website, regardless of the cause of failure, as may be payable to the Participating Banks for such unsuccessful transactions and as communicated to Total Insurance by said Participating Banks.

4.3 Total Insurance retains the right to modify its fee structure and billing methods at any time, either by immediate posting on the Website or by email notification to the User.

5. 5. DECLARATIONS AND DISCLAIMER TO WARRANTIES:

5.1 Total Insurance does not claim ownership of the Content uploaded by the User; instead, it facilitates the transfer of Content (including electronic fund transfers) to designated third parties as per the User’s instructions. Total Insurance does not exercise control over the Content or funds transferred by the User and thus cannot be held liable for any loss, damage, or liability arising from such transfers conducted through the Website.

5.2 Total Insurance clarifies that certain Content may be shared by Total Insurance with other entities affiliated with its subsidiaries/associates/affiliates or with third parties to carry out activities essential to the maintenance, development, distribution, and enhancement of the Services.

5.3 Total Insurance asserts that it has been duly authorized by various entities to act as their sales channel partner or limited payment collection agent, and consequently, it provides electronic fund transfer Services to the designated entities using industry-approved gateways and banking standards.

6. USER OBLIGATIONS AND REPRESENTATIONS:

6.1 The User agrees to take responsibility for all activities occurring under their User-Id account.

6.2 The User, on their own behalf and on behalf of the User Company, asserts to possess valid and current authorization from the User Company Clients on whose behalf the User is initiating Transactions, including executing debit instructions during Transactions.

6.3 To utilize the Services, the User declares that they are of legal age to enter into a binding contract and are not prohibited from using the Services under Indian laws. Total Insurance prioritizes the safety and privacy of all users, insisting that only Users with proper authorization from the User Company and User Company Clients, and holding valid licenses as per Government of India regulations, utilize the Service. If Total Insurance becomes aware that the Services are being used by an unauthorized person/entity, Total Insurance reserves the right to block access to the Website and usage of its Services and take necessary penal actions.

6.4 It is clarified that Total Insurance reserves the right to suspend or terminate User accounts and refuse current or future use of the Website or Services if any Content or registration data provided by the User is untrue, inaccurate, incomplete, or Total Insurance has reasonable grounds to suspect its validity. The User agrees not to create more than one account, use false identities or information, or create an account on behalf of someone else. The User also agrees not to use the Website or Services if previously banned.

6.5 The User is solely responsible for transmitting any Content (electronically or otherwise) and making payments while using the Services. The User acknowledges that Total Insurance is entitled to rely on all electronic payments, communications, Content, orders, or messages sent to Total Insurance and shall not be obligated to verify or inquire further into the identity of the sender or message integrity. The User shall not dispute Total Insurance’s reliance under any circumstance.

6.6 The User is responsible for understanding and complying with all laws, rules, and regulations applicable in their jurisdiction concerning the use of Total Insurance Services, including export/import activity, taxes, foreign currency transactions, RBI guidelines/regulations, and regulations of Participating Banks or other payment-regulating institutions affecting this Agreement.

6.7 The User agrees not to use the Services for:

(i) Any illegal business/sale/purchase/transmission of goods/products.

(ii) Use or dissemination of Content infringing any third party Intellectual Property Rights, including Total Insurance.

(iii) Disruption or interference with the Services or connected servers and networks.

(iv) Violation of local or international laws or applicable regulations during transactions.

(v) Collection and storage of other users’ (third party) personal data without explicit permission.

6.8 The User acknowledges Total Insurance’s right to save and disclose Content to third parties to:

(i) Provide efficient Services.

(ii) Manage the User’s account following Total Insurance’s operational procedures.

(iii) For operational and promotional purposes.

(iv) Comply with legal requests to fulfill obligations, defend against third-party accusations of intellectual property law infringement, and protect Total Insurance and its Users’ rights, property, and security.

6.9 The User accepts sole responsibility for keeping copies of Content transferred via the Website and acknowledges that Total Insurance shall not be liable for any harm resulting from the inability to access the Website, viruses, damaged files, loss/modification of Content, errors, service interruptions, network issues, or unauthorized access.

6.10 The User agrees to provide Total Insurance with necessary information and assistance for the performance of the Services.

6.11 The User shall not use the Website and Services in violation of any law or regulation or engage in activities that may subject Total Insurance to investigation, prosecution, or legal action.

6.12 The User agrees not to host, display, upload, modify, publish, transmit, update, or share any information on the website that:

(i) Belongs to another person without proper rights.

(ii) Is offensive, defamatory, obscene, illegal, or violates any law.

(iii) Harms minors, infringes intellectual property rights, or threatens national security.

(iv) Contains viruses, threatens public order, or creates liability for Total Insurance.

(v) Involves political campaigning, unsolicited advertising, or spam.

6.13 The User acknowledges Total Insurance’s right to remove or edit such information and agrees to cooperate if Total Insurance needs to disable such information due to violations. Total Insurance also reserves the right to preserve information for investigation purposes.

6.14 The User shall not attempt unauthorized access to the Website, other Users’ accounts, computer systems, or networks connected to the Website through hacking or any other means.

6.15 The User represents and warrants that they possess all necessary licenses, consents, and governmental approvals to conduct their business.

7. 7. USERS OBLIGATIONS AND REPRESENTATIONS FOR FUND TRANSFER(S):

7.1 The User warrants that they have valid and current authorization to ensure sufficient funds/clear balance/pre-arranged credit in the User/User-Company (or User Company Client) account and to effect debit instructions for remittance of funds for the User Company Client during Transactions. The User acknowledges that Total Insurance shall not be liable for any consequences arising from non-compliance by Payment Service Providers with User instructions due to erroneous information, rejection of payments, or insufficient funds in the authorized debit account.

7.2 All instructions for financial transfers will be executed during normal business hours of a Business Day unless processing work or maintenance activity is ongoing. Instructions received on maintenance activity days, weekly offs, or holidays/public holidays will be executed on the next Business Day. Total Insurance commits to promptly executing instructions within a maximum window of 4 working days in circumstances such as service failures or disruptions.

7.3 The User releases Total Insurance from responsibility for not processing/effecting any instruction related to a Transaction if Total Insurance does not receive the instructions, even if the User has forwarded them electronically via emails or SMS. In case of disputes regarding communication to Total Insurance, Total Insurance’s records shall be final and binding on the User.

7.4 The User acknowledges that Total Insurance acts as an intermediary platform and cannot be held liable for damages or losses (direct or indirect) due to service delay, disruption, non-availability, technical faults/errors, or failures in telecommunication networks or software/hardware systems beyond Total Insurance’s control.

7.5 The User understands that the Internet is susceptible to various frauds, misuse, hacking, and other actions that could affect Payment Instructions to Total Insurance. While Total Insurance employs industry-approved Payment Service Providers to prevent such frauds, there is no guarantee against Internet-related frauds affecting Payment Instructions or other instructions to Total Insurance, resulting in delays or failures.

7.6 The User acknowledges that providing accurate and complete details for fund transfers is essential to prevent errors leading to funds being transferred to incorrect accounts or addresses. The User agrees to provide accurate, proper, and complete information at all times and indemnifies Total Insurance from any loss due to errors on the User’s part.

7.7 Excess funds transferred to desired third parties may be returned to the User account upon submission of appropriate valid evidence of such excess fund transfer. Total Insurance may mediate, but the User understands that their sole recourse lies with the third party with whom the transaction was conducted, and Total Insurance is not involved in such transactions or contracts.

8. REFUND AND CANCELLATION

8.1 No cancellation of Service will be permitted.

8.2 If a refund is necessary for payments made through net banking, Total Insurance will process the refund within 30 days after receiving and processing the refund request.

9.FRAUDULENT TRANSACTION:

9.1 If there are reasonable grounds to suspect that an electronic fund transfer conducted breaches this Agreement or is fraudulent, against the Participating Banks or any Client, the Payment Gateway may suspend/withhold payments for such electronic fund transfers pending inquiries by the Participating Bank. Resolution for any fraudulent or disputed transactions already paid by the User shall follow guidelines set by the Participating Banks or RBI for resolving such disputes.

10.INDEMNITY:

10.1 The User agrees to defend, indemnify, and hold Total Insurance and its Affiliates, officers, directors, employees, agents, or representatives harmless from all third-party actions, proceedings, claims, liabilities (including statutory liabilities), penalties, demands, costs, awards, damages, losses, and/or expenses arising from:

(i) User’s breach of representations, undertakings, warranties, or covenants made under this Agreement.

(ii) Claims brought by third parties against Total Insurance regarding submitted Content, funds transferred, User conduct, violation of T&Cs, or infringement of third-party rights.

(iii) User’s violation of Applicable Law.

(iv) Disputes/claims by third parties against Total Insurance regarding incorrect or delayed amounts credited due to User’s fault.

(v) User’s gross negligence or willful misconduct related to this Agreement.

(vi) Fines, penalties, or interest imposed on Total Insurance due to User’s documents/funds transmitted or transactions conducted under this Agreement.

10.2 Indemnity Procedures: The indemnified Party must:

(a) Provide written notice of any claim within 10 days after receipt of notice.

(b) Grant the indemnifying Party the exclusive right to defend the claim.

(c) Not settle the claim without the indemnifying Party’s approval.

(d) Provide assistance and information as reasonably required by the indemnifying Party.

The indemnified Party may participate in the defense or settlement at its own expense. The indemnifying Party will not settle any claim without the indemnified Party’s prior written consent.

10.3 These indemnities are in addition to and without prejudice to indemnities given elsewhere in this Agreement.

11. NO COMMERCIAL USE OF SERVICE:

11.1 The User agrees not to reproduce, copy, duplicate, sell, resell, sub-license, reverse engineer, de-compile or disassemble the Website/software in any shape or form, or in any way try to discover the source codes of the software, or transfer to third parties any right on the software or use for commercial purposes any part of the Website, including access to the Website.

12. SERVICE MODIFICATION:

12.1 Total Insurance reserves the sole and exclusive right to modify at any moment, even without notice, temporarily or permanently, the Services/Website. Unless otherwise indicated, any modification of the Services which alters the way in which the Services can be used and/or the launch of new services will be subject to and regulated by these T&Cs. The User acknowledges that the Services are provided on “as is” and “as available” basis, therefore Total Insurance does not assume any responsibility and makes no guarantee as to the use and availability of the Services.

13. LIMITATIONS OF LIABILITY:

13.1        Except as provided herein below, Total Insurance disclaims all warranties, express or implied, written or oral, in respect of its Services including, but not limited to, warranties of merchantability and fitness for a particular purpose. The User acknowledges that the Services may not be uninterrupted. The User also acknowledges that the services provided by the Sales Channel Partners or Payment Service Providers to Total Insurance which is passed on to the User under this Agreement, can be brought to an abrupt end in any event whatsoever by the Payment Service Providers for any reason whatsoever. It is further clarified that Total Insurance is not providing to the User any warranty or covenant on the quality or service provided by the payment gateway/Participating Banks.

13.2        Total Insurance assumes no liability whatsoever of any acts/omissions of the User/ third party that are acts barred by law as well as with regards to any products/goods/service transferred during the Transaction that is prohibited, unlawful or barred by law.

13.3        Total Insurance’s sole obligation and the Users sole remedy in the event of interruption to the Services or loss of use and/or access to Website or processing mechanism, shall be to use all reasonable endeavors to restore the Services and/or access to

the Website or process mechanism as soon as reasonably possible. Notwithstanding anything to the contrary contained anywhere in this Agreement, to the fullest extent permitted under Applicable Law, Total Insurance and its Affiliates shall not be liable for any indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, damages for loss from lost documents, goodwill, use, data or other intangible losses arising out of or in connection with the Website or the Content, in any manner.

14. COMMUNICATION:

14.1 All communications between the User and Total Insurance shall be in electronic written form via email. To contact Total Insurance in relation to “Total Insurance” branded software or products, please submit a support request to the customer support team. Please submit a support request to contact@Total Insurance.in.

15. INTELLECTUAL PROPERTY:

15.1        The User acknowledges that all Intellectual Property Rights disclosed in the information/data provided by Total Insurance such as but not limited to the Website, the Total Insurance logo as well as the layout and design of the Website, among other marks that may appear on the Website are all trademarks of Total Insurance. Other trademarks and service marks on the Website may be the property of other corporate or individual entities, content partners and/or providers, or other third parties. The User may not use any of the Total Insurance marks without prior written permission from Total Insurance and the User may not use any third party marks without the prior written permission from those third parties.

15.2        The User acknowledges and agrees that all software utilized in connection with the Services are protected by Intellectual Property laws. Total Insurance grants the User a non- exclusive, non-transferable and personal, royalty-free license to use the software.

15.3        Total Insurance states that nothing in this Agreement shall be taken to represent an assignment, license or grant of other rights in or under such intellectual property rights.

15.4        The User acknowledges that upon termination of this Agreement, it shall have no right whatsoever in connection with the Intellectual Property of Total Insurance.

16. CONFIDENTIALITY:

16.1    The User shall keep the existence and terms of this Contract confidential and shall not publish any press release related hereto without the prior written consent of Total Insurance. The User shall be further entitled to keep confidential the knowledge, information or any trade secret or any such detail/information which the User may acquire and/or have access to during the Transaction, concerning the business, activities, affairs or the property of Total Insurance or of any of its affiliates or other companies under the same management (hereinafter referred to as the “Confidential Information”). Thereby recognizing fully that the Confidential Information is and will be proprietary and unique information belonging to Total Insurance.

17. TERMINATION:

17.1        Total Insurance reserves the right to terminate this Agreement on account of a breach of any of the T&Cs by the User with immediate effect or by giving a 72-hour rectification period. Upon termination the User shall forfeit their transaction fees paid to Total Insurance with regards to processing of the Transaction, however the funds intended to be transferred to desired third party, if still in the Nodal Account of Total Insurance shall be transferred to the desired third party or returned to the User. Notwithstanding the aforesaid, in the event the funds have already been transferred to the intending third party then upon such termination Total Insurance shall in no manner be liable to refund or revert the funds to the User.

17.2        The User shall be entitled to terminate this Agreement by sending an email to Total Insurance stating termination of Services. Notwithstanding the aforesaid, the termination of this Agreement shall not absolve the User and the User Company of the obligations, claims accrued prior to and/or as a result of termination of this Agreement.

18. NON-WAIVER AND FORCE MAJEURE:

18.1 Total Insurance reserves all rights permissible under this Agreement as well as under the provisions of any applicable law. The non-enforcement of any particular provision or provisions of this Agreement or any Applicable Law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future. Further, Total Insurance shall not be liable for any failure and/or delay on its part in performing any of its obligation under this Agreement and/or for any loss, damage, costs, charges and expenses incurred and/or suffered by you if such failure and/or delay shall be result of or arising out of events beyond Total Insurance’s control including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labour shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, acts of government including change in law, governmental orders or restrictions, breakdown and hacking of the Website and/or Contents provided for availing the Services on the Website or any other event.

19. APPLICABLE LAW AND FORUM:

19.1 The Agreement and relationship between Total Insurance and the User will be governed by laws of India. The courts at Mumbai shall have exclusive jurisdiction in any proceedings arising out of or in connection with this Agreement.   If for any reason the court finds any provision or portion of the Agreement, to be unenforceable, the remainder of the Agreement shall continue to be in full force and effect.

20. MISCELLANEOUS:

20.1        The term of this Agreement shall be from the date on which this Agreement is accepted by the User until termination of the Agreement in a manner stated in Clause 16 herein above.

20.2        Entire Agreement: This Agreement sets forth the entire agreement between the User/User Company and Total Insurance with respect to the Transactions set forth herein, and supersedes any and all prior agreements between the parties herein with respect to such Transactions. The User Company thereby represents and warrants that the User has full authority to bind himself and the entity to the T&Cs of this Agreement and that it will ensure that the User complies with all such T&Cs.

20.3        Assignment: The User shall not make any assignment of this Agreement or any rights benefits or obligations hereunder (including, without limitation, by way of merger or consolidation) without the prior written consent of Total Insurance. In the event of an assignment, this Agreement shall be fully binding upon, inure to the benefit of and be enforceable by the Parties hereto and their respective successors and assigns.

20.4        Property Ownership: Total Insurance shall retain full ownership and all rights to any of its technology used to provide its Services, any code and technology involved in the website or communication protocol used to connect to the Total Insurance Network.

20.5        Relationship: The relationship between the User and Total Insurance is limited and restricted up to this Agreement. The User is an independent contractor/agent and is not an employee or agent of Total Insurance for any purpose. It is expressly agreed and understood that the User has no power or authority to enter into contracts of any type on behalf of Total Insurance.

20.6        Disclaimer: Total Insurance does not in any way whatsoever warrant, represent or endorse the accuracy or reliability of the users or Content displayed or distributed through the Website including, but not limited to any advice, opinion, statement, or other information. The User acknowledges that any reliance upon the Content or use of the Services shall be at the User’s sole risk.

20.7        Severability: In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it. If two or more provisions of this Agreement are deemed to conflict with each other’s operation, Total Insurance shall have the sole right to elect which provision remains in force.

20.8        Headings: The heading given to each clause in this Agreement are for convenience only and are not intended to have any legal effect nor purport to be complete or accurate descriptions of content thereof and shall not be used to interpret the provisions of this Agreement

20.9        Survival Clauses: Clauses pertaining to payment, termination, liability, indemnity, disclaimer, privacy and intellectual property survive this Agreement.

I, the User, have read and fully understood the T&Cs and accordingly using the Services.