"BALIC" shall mean Bajaj Allianz Life Insurance Company Limited.
"BALIC Policy Account" shall mean the policy account of the Customer which displays all the BALIC life insurance policies of the Customer available on the Mobile App and operated by Customer through the Device.
"BALIC Life Insurance Policy/ies" shall mean the life insurance policies issued by BALIC in accordance policy account of the Customer which displays all the BALIC life insurance policies of the Customer available on the Mobile App and operated by Customer through the Device.
"BALIC Application" shall be the software/website provided by and modified from time to time by BALIC using which the Customer will be able to access his/her BALIC Policy Account related information through a Data Connection or SMS.
"Customer" means a person who is a BALIC Policy holder and who has accepted these Terms and conditions of the BALIC Application.
"Data Connection" shall mean any GPRS, 3G, wired/wireless internet connection, or any other network that permits the Customer to access the Facility from his/her Device.
"Facility" shall mean the facility, available as a mobile application, mobile website and on SMS and/or Unstructured Supplementary Service Data (USSD) and/or Fingerprint Authentication, which allows the Customer to carry out transactions from his Device subject to adherence of these Terms and conditions.
"Fingerprint Authentication" refers to the service which permits the Customer to use the fingerprint identity sensor in-built on an eligible mobile device, which is able to recognize fingerprints stored on the eligible mobile device, to access BALIC Application on the eligible mobile device in lieu of Customer's User ID and Password.
"Login Credentials" or "Credentials" shall mean the Customer User ID and Password, Facebook ID and Password, Google ID and Password, OTP, Fingerprint Authentication that are to be used by the Customer to authenticate himself prior to accessing the Information available in the BALIC Application. BALIC does not store any password of any third party platform viz. Facebook, Google etc.
"Fingerprint Authentication/Touch ID Sensor" refers to the service which permits the Customer to use the fingerprint identity sensor in-built on an eligible mobile device, which is able to recognize fingerprints stored on the eligible mobile device, to access BALIC Policy Account on the eligible mobile device in lieu of Customer's User ID and Password.
"Device" shall mean a mobile phone, tablet, or any other remote access device that supports access to the Facility.
"Mobile Phone Number" means a distinctive Mobile Phone number registered on the records of BALIC by the Customer.
"OTP" shall mean one time password that shall be shared to the Mobile Phone Number of the Customer to authenticate the transaction.
"Pull SMS" means Customers initiating a SMS from their registered mobile number to the number given by BALIC to receive relevant transaction/Account details and/or the OTP on their registered mobile through SMS.
"SMS Inquiry Service" – BALIC also provides Pull SMS facility to Customers through BALIC Application which enables the Customer to send an SMS to access the service that he/she may desire. Customer has the option to use the said Pull SMS facility on BALIC Application by opting a certain pre-specified keyword available on the Application from his/her Mobile Phone Number. Once such SMS request is received, the Customer will get an SMS response, detailing Policy Account details/Transaction confirmation in accordance with the pre-specified keyword selected by the Customer in his/her request SMS. BALIC is providing this service in good faith and on a reasonable efforts basis only and should not be held liable if Customer tries such requests and still does not get the details/revert on his/her Mobile Phone Number. Any SMS to these Mobile Phone Number may be charged by the mobile service provider of the Customer. Also, the Pull SMS numbers may be available only on specific mobile service provider.
"Specific Terms and conditions" means the Specific Terms and conditions, as may be either contained in the BALIC Policy Account Terms and conditions to be communicated to the Customer from time to time, applicable to the Facility.
"Service Provider(s)" shall mean any person/organizations that provide mobile/data services that support voice/SMS/data traffic.
"Terms and conditions" means these Terms and conditions including any amendments and any and all annexure, schedule, exhibits, appendices attached to it or incorporated by reference from time to time. These Terms and conditions are supplemented by and are in addition to the Specific Terms and conditions that shall be communicated to the Customer prior to availing the Facility. In case there is a conflict or repugnancy between these Terms and conditions and any Specific Terms and conditions, these Terms and conditions would prevail for all intents and purposes.
Terms used hereunder but not defined herein shall have the meaning assigned to them under the BALIC Policy Account Terms and conditions and/or Mobile Application Terms and/or BALIC alerts Terms and conditions and the Specific Terms and conditions. In these Terms and conditions all reference to Customer in masculine gender shall be deemed to include the feminine gender.
The Customer understands and acknowledges that this Facility is an extension of accessing the BALIC Application and that all users of the Facility shall also be bound by the same Terms and conditions that govern the BALIC Mobile Application and BALIC alert Terms and conditions. The Customer also acknowledges that these terms and conditions are purely towards using the BALIC Application and shall not have any impact or bearing on the terms and conditions of the life insurance policy issued by BALIC.
The Customer acknowledges and accepts that:
- The Customer should be the policyholder of the life insurance policy issued by BALIC and be entitlement to be able to use the Facility functionality and successfully complete a transaction end-to-end. The Customer understands and accepts that acquaintance with all other conditions that are pre-requisite to access the Facility, including, but not limited to a Device, Data Connection, etc. will be the sole responsibility of the Customer.
- This Facility shall be provided at the sole discretion of BALIC and may be discontinued by BALIC at any time, without prior notice to the Customer.
- The Customer confirms and agrees that the Customer shall not hold BALIC responsible or liable for any failure to provide the Facility by reason of the services being temporarily unavailable or there being an overload on the server or for any other technical or other reason, whatsoever.
- The Customer shall be able to access the BALIC Policy Account using the Facility, only after due authentication of the Customer is done by means of verification of the applicable Login Credentials. The Customer is aware of the confidential nature of such credentials and confirms that neither the Customer nor any authorized signatory/authorized representative of the Customer shall disclose the credentials to any person. The Customer will promptly inform BALIC in case the credentials become known to any unauthorized person. The Customer hereby instructs BALIC to comply with any/all instructions given through the use of the Facility in conjunction with the correct credentials. BALIC shall be entitled to assume that any instruction given to BALIC using in accordance with the above are given/authorized by the Customer and agrees that BALIC shall not be liable for any fraudulent, duplicate or erroneous instructions that have been authenticated by providing the credentials of the Customer. The Customer understands that the same credentials will be used to authenticate access to BALIC Application.
- For first time access to BALIC Application, customer would be required to validate a one-time password (OTP) or Fingerprint Authentication for enhanced security reasons. As part of the validation, BALIC would identify the Mobile device/SIM details and automatically trigger an OTP validation or used the Fingerprint Authentication, in case there is a change in the details.
- BALIC may send any notifications on product details etc. on the BALIC Application. Customers can choose to switch on/off these notifications at their will by logging in to the BALIC Application. Customers can enable/disable notifications any time from the mobile BALIC Application settings menu. The product details received by the Customer on BALIC Application shall be only for information purpose.
- The Customer shall ensure that while giving any payment instructions on BALIC Application or such other website/application as may be identified by BALIC from time to time, the Customer shall in particular ensure that each letter of the words forming part of the site-name/domain name is correctly typed in, each of the time when it is accessed.
- BALIC shall not be required to verify or judge the correctness of any instructions received by it, so long as it satisfies itself of the correctness of the credentials used to access the Facility. The Customer acknowledges that any instruction received by BALIC shall be irrevocable. Should any instruction issued by the Customer, be capable of being executed by BALIC in more ways than one, BALIC may execute the said instruction in any one of the said ways at BALIC’s sole discretion.
- The customer acknowledges that the online transactions in the facility are on real time basis and there would be no manual intervention of BALIC at any point of time. BALIC shall be entitled to rely upon all electronic communications, transactions or instructions to BALIC from the Customer in the manner prescribed by BALIC for the same from time to time and that BALIC shall not be obliged to verify or make further inquiry into the identity of the sender, or the message integrity, of any communications, instructions or transactions. The Customer shall in no circumstance dispute such reliance by BALIC.
- For all product related transactions through BALIC Application, the respective product related terms & conditions shall be applicable.
- The Customer shall be responsible for the Device and any usage of the same, strictly by the customer itself by ensuring to maintain strict confidentiality of the login details, including the user id and password ('confidential details'). In no event BALIC shall be liable or responsible if customer allows or shares the confidential details to a third party or any person, with or without his/her knowledge. Accordingly, usage by a third party or any other person in such situation shall be deemed to be a usage by the Customer and the Customer shall be liable and responsible to pay the dues if any, payable to BALIC, without any protest or demur.
- It shall be the sole responsibility of the Customer to inform BALIC about any change with regard to the registered Mobile Phone Number and that BALIC shall not be, in any way, liable or responsible for any loss, damages, costs, charges or expenses suffered/incurred by the Customer by reason of his/her failure to do so. All records of BALIC generated by the transactions arising out of use of the Facility, including the time of the transaction recorded, shall be conclusive proof of the genuineness and accuracy of the transactions. The authority to record the transaction details is hereby expressly granted by the Customer to BALIC.
- BALIC shall use its best endeavors to carry-out transaction instructions received by it from the Customer within such time as may be specified by BALIC, however, BALIC does not guarantee the fulfillment of transaction instructions or availability of the Facility continuously or uninterruptedly or within the time when access to the facility is attempted.
- Transaction requests on the Facility are real time online transactions, which are instantaneous in nature and effected immediately. Hence these requests may be irrevocable and BALIC will be unable to undo or reverse any such transaction request after it has been issued. Accordingly, BALIC shall not be liable for any loss, damage whether direct or indirect, costs, charges or expenses incurred by the Customer due to a delay/inability in carrying out or reversing the transactions and/or providing this Facility.
- The Customer hereby understands and acknowledges that certain category of transactions carried out through the Facility can only be done through the bank account of the Customer and BALIC shall not be liable in any manner for any delay or failure in transaction due to non- compliance of any pre-requisites by the Customer. The Customer shall confirm compliance of all such requirements/pre-requisites for transaction. The Customer also understands and acknowledges that transaction instructions placed through SMS/USSD are not encrypted and are not as secure as mobile banking access that is secured with a PIN over an encrypted connection. The Customer therefore understands the risks associated with such transactions and therefore accepts and undertakes that it is the Customer's responsibility to ensure that the security of the Customer's Device are not compromised. Customer undertakes not to hold BALIC liable or responsible for any loss or damage that may be suffered by a Customer due to transactions through the SMS/USSD channel and shall keep BALIC indemnified against all such losses or damages.
- The Customer shall be liable to pay the applicable SMS charges, data charges and any other charges as may be decided by the Service Providers. The fees for the Facility/any of the services offered with the Facility shall be as determined by the BALIC from time to time. BALIC may, at its sole discretion, waive the fees for a limited duration. BALIC may, at its sole discretion, revise or waive such fees, without prior notice to the Customer.
- Where BALIC in its reasonable discretion make BALIC Application available to customer, the Customer shall be allowed to have direct access to the BALIC Policy Account or to effect certain transactions by electronic means via a device, or any other computer system through which access may be effected by any use of Customer's User ID and Password. Customer shall be responsible for keeping, and shall take every precaution to keep, such device and such other computer system free from any electronic, mechanical, data failure or corruption, or Malware. Customer agrees that BALIC shall not be liable in anyway whatsoever for any unauthorized transactions effected in subversion of any authentication process put in place by BALIC. Customer shall be responsible for the use, operation and access to the BALIC Policy Account through any device or such other computer system. BALIC shall not be liable for any loss suffered by Customer as a result of any unauthorized use of BALIC Policy Account or User ID, Password, Fingerprint Authentication and/or OTP effected through any means.
- The Customer represents that to the best of Customer's knowledge, the device and any other computer system through which access to BALIC Application may be effected are free from any electronic, mechanical, data failure or corruption or Malware. The Customer agrees that neither BALIC, any branches or subsidiaries of BALIC are responsible for any electronic, mechanical, data failure, corruption or Malware or related problems that may be attributable to the Facility provided by any internet service provider or information service provider, network provider, content provider, any server or such other equivalent system.
- The Customer expressly understands and agrees that Customer's use of the Facility is at Customer's sole risk. The Facility service is provided on an "As Is" and "As Available" basis.
- BALIC expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
- BALIC makes no warranty that (i) the Facility will meet Customer's requirements, (ii) the Facility will be uninterrupted, timely, secure or error- free, (iii) the results that may be obtained from the usage of the Facility will be accurate or reliable, (iv) the quality of any products, facilities, information or other material purchased or obtained by Customer through the Facility will meet Customer's expectation, and (v) any errors in the technology will be corrected.
- The Customer acknowledges and agrees that BALIC is not responsible for the technology of the Facility on Device and BALIC expressly excludes any statutory or other warranty, condition, term or undertaking as to the quality, accuracy or performance of the Facility as a means for securing access to and using the BALIC Application. By activating the Facility for the BALIC Application, the Customer agrees to BALIC using and relying on the Facility to authenticate Customer's identity, instead of requiring Customer's password. The Customer agrees that BALIC may treat and consider as valid and binding on the Customer any instruction given, or agreement made with BALIC, which is authenticated through the Facility without BALIC making any further inquiry as to the authority or identity of the person making or purporting to give such instructions or their authenticity notwithstanding any error, misunderstanding, fraud, forgery or lack of clarity in or authorization for their terms. For certain transactions, the Customer acknowledges that BALIC may still require Customer's password and/or another form of authentication even though the Customer has accessed the Application using the Facility as BALIC may deem fit and proper.
- The Customer accepts full responsibility for wrongful use of the Facility in contravention of the above terms and unconditionally undertakes and agrees to indemnify BALIC and keep BALIC indemnified and harmless against any loss, damage, interest, conversion or any other financial charge or any other liability whatsoever that BALIC may incur and/or suffer on account of Customer committing violation of the above Terms and Conditions and/or any other laws, rules, regulations, circulars, guidelines, notifications and instructions issued by the RBI and/or the Government of India and/or any other statutory body in respect thereof from time to time or arising out of as a consequence of Customer using the above Facility. This clause shall survive the termination of the Terms and Conditions.
- The Customer shall ensure that the Customer does not in any manner release any confidential data, including Customer's login details of the above Facility to third parties and the Customer shall indemnify BALIC from any loss that may be caused to BALIC by any breach of this covenant. In the event of any misuse of the above Facility, the Customer agrees that the Customer shall be solely and exclusively responsible for all loss caused incurred by the Customer and that the Customer shall not hold BALIC liable for any loss caused thereby.
- Customer permits BALIC to engage and share with law enforcement customer and account information, in accordance with local regulations / laws.
- BALIC shall have the discretion not to give effect to any transaction instructions given by the Customer by using the Facility in the event BALIC has reason to believe that the transaction instructions are not genuine or otherwise improper or unclear or raise a doubt or in case any transaction instructions cannot be put into effect for any reason whatsoever. The Customer accepts and acknowledges that the decision of BALIC in this regard shall be final and binding on the Customer.
- Where BALIC considers the instructions to be incorrect, inconsistent or contradictory, BALIC may seek clarification from the Customer before acting on any such instruction of the Customer or BALIC may act upon any such instruction in a manner as it may deem fit. BALIC shall have the right to suspend the services under the Facility if BALIC has reason to believe that the Customer's instructions may lead to direct or indirect loss or may require an indemnity from the Customer before continuing to operate the Facility.
- The Customer understands and acknowledges that he shall be able to carry out transactions using the Facility subject to transaction limits restricting the amount and/or the frequency of transactions that BALIC may choose to impose from time to time.
- BALIC's liability arising for any reasons whatsoever shall be limited to and shall not under any circumstances exceed the sum equivalent to its charges (if any) under the Facility.
- BALIC shall be entitled but not obliged to verify any instructions given by the Customer via BALIC Application by calling the Customer online or via telephone or any other means.
- BALIC shall not be liable in contract, tort or otherwise for any direct, indirect or consequential loss or damage sustained by the Customer by any direct or indirect use of or reliance on the electronic communication, instructions or transactions whether with or without the adherence of any security measures, including but not limited to any loss or damage resulting as a consequence of any defects, delays, duplications, interruptions, errors, inaccuracies or failures in the software, server, various communications and that BALIC specifically excludes the same to the fullest extent permitted by law even if BALIC shall have been advised in advance of the possibility of such damages.
- BALIC reserves the right, but shall not be obliged, to make changes, enhancements, and/or modifications to the Facility from time to time.
- The Customer shall not interfere with, alter, amend, tamper with or misuse in any manner whatsoever the Facility and in the event of any damage due to improper or fraudulent use by the customer or third party, the customer shall be liable in damages to BALIC and the opinion of BALIC shall be conclusive in this respect.
- The Customer shall not be discharged by transmission of any notice, instruction or request which, as per the terms hereof or any other specific Terms and conditions, requires the Customer to send the same in writing. The Customer acknowledges and confirms that all records of instructions received from the Customer maintained by BALIC, in electronic or documentary form, and such other details shall, as against the Customer, be deemed to be conclusive.
- The Customer understands that the Facility is to be accessed on a Device, and that any compromise of the BALIC Policy Account resulting from an attempt to access it from an unsecure/compromised Device, will be the sole responsibility of the Customer.
- The Customers acknowledges and understands that appropriate security measures and due diligence shall be ensured by the Customer to download the BALIC Application published by BALIC from any third party application stores which have been approved by BALIC (e.g. App StoreSM, AndroidTM Market and Nokia Ovi Store). The Customer also understands and acknowledges that BALIC shall not be responsible for any consequences arising out of download of BALIC Application by the Customer from any third party application store which is not published by BALIC.
- The Customer understands and acknowledges that any access to BALIC Application shall be effected through the internet service provider, information service provider, network provider, content provider, server or such other equivalent system in the country from where such service shall be accessed by the Customer.
Usage of Fingerprint Authentication
- Depending on the type and model of the Device, the Customer may be able to activate the Fingerprint Authentication ("Facility") of customer's Device so that the Customer can access the Application and access its BALIC Policy Account and avail the facility available therein using fingerprint authentication instead of a password. Activating Fingerprint Authentication means that any fingerprint saved on customer's Device, now or in the past or future, can be used to access the Application and perform transactions in the respective customer’s BALIC Policy Account. The Customer agrees not to activate the Facility for the Application if the Customer has any other person's fingerprint saved on customer's Device at any time. If any third party fingerprint is stored on customer's Device, any access obtained or other transactions made, using the Facility will be deemed authorized by the Customer, and the Customer will be solely and absolutely responsible for all access and transactions made.
- The Customer agrees to delete Customer's Fingerprint(s) from the Device before selling or disposing off the Device.
- Where BALIC in its reasonable discretion make BALIC Application available to the Customer, the Customer shall access BALIC Application using:
- User ID and Password which the Customer may obtain via registration on BALIC Application; or
- Fingerprint Authentication or
- Google or Facebook ID and password.
- The Customer understands that access via the Facility is optional and that Customer activating the Facility enables any fingerprint on customer's Device, whether now or in the future, to be used to access to BALIC Application. Accordingly, the Customer agrees not to activate the Facility and to immediately de-activate the Facility if any other person's fingerprint is saved, whether now or in the past or future, on customer's Device. In the event any other person's fingerprint is saved on the customer's Device and the Customer activates or continues to access BALIC Application using the Facility despite the condition above, the Customer understands that such person, using his or her fingerprint, shall be able to access BALIC Policy Account of the Customer and perform transactions through the BALIC Application. The Customer agrees that the access of BALIC Policy Account of the Customer and performance of these transactions by such person will be considered as authorized by the Customer and the Customer shall be solely and absolutely responsible and liable for the same.
- The Customer shall gain access to BALIC Application for purposes of accessing the information available in the respective Customers BALIC Policy Account and performing the transactions upon the correct input of Customer's User ID, Password and OTP (wherever applicable) into customer's Device and/or upon the recognition of any fingerprint authentication stored on customer's Device using the Facility. The Customer is responsible for keeping, and shall take every precaution to keep Customer's User ID, Password, OTP (wherever applicable) as well as any other information that can be used to register or generate Customer User ID and Password and registration and activation of the Facility confidential (including but not limited to not revealing Customer's User ID, Password and OTP, if any, to any third party and taking all steps to prevent discovery of Customer's User ID, Password and OTP by any third party). The Customer is responsible for taking every precaution to prevent any third party from storing any fingerprint on his Device. The Customer is responsible for keeping, and ensuring that only Customer's fingerprint(s) are saved on Device. This information by itself or together with information on Customer's BALIC Policy Account may allow unauthorized access to and/or operation of Customer's BALIC Policy Account. For security purposes, the Customer undertakes BALIC’s recommendation that the Customer memorizes Customer's User ID, Password and OTP (instead of recording it down) and that the Customer changes the Password regularly. The Customer may change Customer's User ID or Password from time to time by using Change User ID or Password screen within BALIC Application and BALIC will be entitled at its reasonable discretion to reject any of Customer's selection as Customer's substitute User ID or Password without giving any reason therefore. The Customer agrees that BALIC shall not be liable in anyway whatsoever for any unauthorized registration of User ID and Password, and after such registration, any subsequent generation of the User ID and Password. In the event that Customer's User ID and Password is registered, generated, disclosed or discovered by any third party, the Customer shall immediately change Customer's User ID or Password. The Customer is responsible for the use and operation of Customer's BALIC Policy Account, whether or not authorized by the Customer. BALIC shall not be liable for any loss the Customer suffers as a result of any unauthorized use of Customer's User ID, Password and/or OTP, Google or Facebook ID’s, Fingerprint Authentication. BALIC reserves the right (but not obligated) to decline a transaction if it observes a potential suspicious transaction and unable to contact the customer. BALIC will not allow transactions from rooted or jail broken Device.
- BALIC shall be entitled but not obliged to investigate the authenticity or authority of persons registering or generating Customer's User ID, Password, OTP and/or accessing BALIC Application via usage of the Facility. BALIC shall not be responsible for verifying the accuracy and completeness of Customer's instructions given via BALIC Application, nor shall BALIC be liable for acting upon any instructions given using a successfully created User ID, Password, OTP, Google or Facebook ID or a fingerprint recognized via the Facility, effecting Customer instructions or verifying the accuracy and completeness of Customer instructions. Subject to the foregoing, such instructions shall be deemed irrevocable and binding on the Customer upon receipt of the same by BALIC notwithstanding any error, lack of clarity or misunderstanding in respect of the terms of such instructions. The Customer shall notify BALIC immediately upon receipt of incomplete, garbled or inaccurate data or information from BALIC. The Customer shall also notify BALIC immediately upon receipt of any data or information which is not intended for the Customer.
- The Customer shall accept full responsibility for any access to BALIC Application using Customer's User ID, Password, OTP, Google/Facebook ID or a fingerprint recognized via the Facility and all transactions executed via BALIC Application and in particular for ensuring the accuracy and completeness of Customer instructions.
- The Customer agrees and accepts that BALIC reserves the right to disable the Facility in certain scenarios, including but not limited to the below situations:
- i. If the Customer does not enter IPIN at least once in 90 days on BALIC Application; or
- ii. If the Customer makes any change in the existing set of fingerprint authorization on Customer's device; or
- iii. If there is any change in existing device binding controls.
- BALIC has a control to forcefully disable the Facility for all or specific users at any point of time to prevent any fraud/misuse of the facility.
- The Customer hereby agrees and confirms that the Customer shall be liable for any losses which occur due to any access obtained, or transfers, or any other transactions made, if Customer's device is lost or stolen, using will be deemed authorized by the Customer, and the Customer will be responsible for all access and transactions made on BALIC Application.
These Terms and conditions shall be in addition to and not in derogation of the Terms and conditions of the respective BALIC Life Insurance Policy and/or the Terms and conditions applicable to other services offered by BALIC.