Terms and Conditions
Make sure you carefully read and understand all the terms and conditions.
Acceptance of Terms
The rules and conditions mentioned below (known as “Terms of Use”) along with the Privacy Policy make a legal agreement between Adakiya Consultants Services Private Limited (referred to as “Claim Solution/the Company”) and you. These Terms of Use have details that explain the boundaries, legal rights, and responsibilities related to your use of (i) the website, which includes classified ads, forums, email functions, internet links, and all content and services available on the domain and sub-domains found at www.claimsolution.in (referred to as the “Website”), and (ii) the online transactions between users of the Website. Some users offer services to settle the unmet needs of mistreated Insurance Policy Holders (called “Service Providers”), and others seek help from Service Providers to resolve their grievances (called “Service Users”) through the Website. All these services are collectively known as the “Services.” The Terms of Use mentioned here include the Privacy Policy and apply to all users of the Website, including those who contribute video content, information, private and public messages, advertisements, and other materials or services on the Website.
Claim Solution currently owns and runs the Website. The registered address of Claim Solution is 150, Bhavishya Apartment, Nai Basti Road, Deoli, South Delhi, Delhi – 110080, India.
You understand that the Website is a platform for Service Providers and Service Users to agree on services. By using, visiting, registering, or participating in this Website, including the Services offered, you confirm that: (1) you are either a Service Provider or a potential Service User, (2) you have the authority to accept these Terms of Use, (3) you allow the transfer of payment for requested Services through the Website, and (4) you agree to follow all the terms and conditions in these Terms of Use and any other documents mentioned here. If you don’t agree with this, you are not allowed to access or use the Website. If you disagree with any of the terms, please stop viewing or participating on the Website immediately.
Whenever “you” or “your” is mentioned, it refers to the person accessing, using, and/or participating in the Website. If you explore the Website or create an Account (as defined below) for a business, you confirm that you have the authority to represent that business. Your acceptance of the Terms of Use will be considered as the business’s acceptance, and in this context, “you” and “your” will refer to that business.
1. CHANGES TO TERMS OF USE AND/OR PRIVACY POLICY
Claim Solution has the authority to, at its discretion, modify, alter, or otherwise update the Terms of Use and any other documents referred to here to comply with legal and regulatory requirements and for other valid business reasons. This can happen at any time, and Claim Solution will notify users of these changes by posting notices on the Terms & Conditions page on the Website. It’s your responsibility to check the Terms of Use for any updates regularly, and we encourage you to do so. If the Terms of Use are amended and you continue to use the Website, you agree to and accept the revised Terms of Use. If you do not agree with these or any future Terms of Use, please refrain from using or accessing the Website.
2. PRIVACY POLICY
Claim Solution has a Privacy Policy in place to clarify how user information is gathered and utilized. This Privacy Policy is mentioned earlier and is considered a part of the Terms of Use outlined here. Your activities on this Website are subject to the regulations set in the Privacy Policy.
You can find the complete Privacy Policy on the Website www.Claimsolution.in.
B. Membership and Accessibility
1. LICENSE TO ACCESS
Claim Solution gives you a non-exclusive, revocable license to use the Website as described in the Terms of Use. However, it is important to note that (i) you must not copy, distribute, or create derivative works of the Website in any form without prior written consent from Claim Solution; (ii) you should not change or modify any part of the Website, except as reasonably necessary for its intended use; and (iii) you are expected to comply with the terms and conditions of the Terms of Use and all relevant
2. MEMBERSHIP ELIGIBILITY CRITERIA
Access to the Website is only for individuals who are at least 18 years old and can legally enter into contracts as per the applicable law. By using the Website, you confirm that you are at least 18 years old, and you agree that: (a) all the information you provide during registration is truthful and accurate, (b) you will keep this information up to date, and (c) your use of the Website and the Services it offers complies with all relevant laws and regulations. If, at our discretion, we believe you are under 18 years of age or not following applicable laws, rules, or regulations, your Account (defined below) may be terminated without warning.
You don’t have to register with Claim Solution just to visit and view the Website. However, if you want to access and participate in specific features, you’ll need to create an account with a password (“Account”). To do this, you should register your complaint and provide details such as your Name, Email address, Mobile number, Policy type, and Complaint type on the account registration page of the Website. Additionally, you can provide extra optional information, which isn’t necessary for registration but might help Claim Solution offer you a more personalized experience on the Website.
You are entirely responsible for all activities on your Account, and you must promptly inform Claim Solution of any security breach or unauthorized use of your Account. Likewise, you should not use someone else’s Account without permission from Claim Solution. You mustn’t misrepresent yourself or pretend to be another user when using the Website and/or the Services provided through the Website.
You explicitly recognize and agree that you, and not Claim Solution, will be responsible for any losses or damages (whether direct or indirect) resulting from unauthorized use of your Account. However, it’s important to note that despite this, you may still be held responsible for any losses incurred by Claim Solution or others due to such unauthorized use.
You acknowledge and agree to adhere to the following policies (the "Account Policies"):
- You will not copy or distribute any part of the Website without prior written authorization from Claim Solution.
- You will not alter or modify any part of the Website, except as reasonably necessary for its intended purpose.
- When creating your Account, you will provide true, accurate, current, and complete information, and you will keep this information up to date during the term of this Agreement.
- You will not collect Service Provider’s or Service User’s information, such as names, addresses, phone numbers, or email addresses, or misuse Website information or content in any manual or automated manner, including on mirrored, competitive, or third-party sites.
- You will not transmit more request messages to Claim Solution servers in a given period than a human can reasonably produce in the same time using a conventional online web browser. Exceptions are granted to public search engines for creating publicly available searchable indices of materials.
- You will not take any action that unreasonably encumbers the Website’s infrastructure, interferes with its proper functioning, or bypasses Claim Solution’s measures to prevent or restrict access.
- You agree not to collect or harvest personally identifiable data, including names or other Account information, for commercial solicitation purposes, using the communication systems provided by the Website.
- You agree to allow us to store all necessary communication from your mailing account, aiding in settling/resolving your insurance claim.
3. ADDITIONAL POLICIES
Your use, access, and participation on the Website are governed by the Terms of Use and are subject to Claim Solution’s rules, guidelines, and any additional policies that Claim Solution may introduce from time to time. These may include, but are not limited to, a copyright policy and any other rules or restrictions that Claim Solution posts on the Website (the “Additional Policies”). You agree to comply with these Additional Policies and fulfill your obligations under them at all times. If you fail to follow any terms and conditions outlined in this Agreement, including Account Policies, membership eligibility criteria, or Additional Policies, Claim Solution reserves the right, at its sole discretion, to terminate your Account without prior notice and, if necessary, take appropriate legal action.
C. Rules for Service Users
1. SERVICE USERS SHALL NOT TAKE ANY OF THE FOLLOWING ACTIONS:
(a) Commit to using a Service without paying.
(b) Sign up for, commit to a price for, use, or otherwise solicit a Service with no intention of following through with your use of or payment for the Service.
(c) Agree to purchase a Service when you do not meet the Service Provider’s terms as outlined in the Posting or agree to purchase a Service to disrupt a Posting.
(d) Misuse any options made available now or in the future by Claim Solution in connection with the use or purchase of any Service.
2. SANCTIONS FOR VIOLATING ANY OF THE RULES FOR SERVICE USERS
If a Service User breaches any of the rules mentioned above, Claim Solution, at its sole discretion, may take any of the following actions:
(a) Restrict the Service User’s Account privileges.
(b) Suspend the Service User’s Account.
(c) Reduce the Service User’s status earned through the Feedback page.
D. Limitation of our Liability
You are releasing Claim Solution, along with its officers, directors, agents, and employees, from all claims, demands, and damages (both actual and consequential) of any kind and nature. These include known and unknown claims, suspected and unsuspected claims, and disclosed and undisclosed claims, arising out of, or in any way connected with, the disputed insurance claim.
We shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of the service on the Website. We do not guarantee or take responsibility for your satisfaction with the provided service.
We shall not be liable if any claim arises after the required service is provided by us. All relationships about the availed service between you and us terminate once the service is fully provided.
You assume all responsibility and risk concerning your use of the Website. You understand and agree that, to the fullest extent permitted by law, we disclaim all warranties, representations, and endorsements, whether express or implied, regarding the site. This includes, but is not limited to, implied warranties of title, merchantability, non-infringement, and fitness for a particular purpose. We have no obligation to update or modify the Website, and we are not liable for our failure to do so. Under no legal or equitable theory (whether tort, contract, strict liability, or otherwise), we or any of our respective employees, directors, officers, agents, or affiliates shall be liable for any loss or damage of any kind. This includes direct or indirect damages, arising from or connected with the Website, the use of the Website, or our agreement with you regarding the Website. This encompasses compensatory, direct, consequential, incidental, indirect, special, or punitive damages, lost anticipated profits, loss of goodwill, loss of data, business interruption, accuracy of results, or computer failure or malfunction, even if we have been advised of or should have known of the possibility of such damages.
We shall not be liable to you for any indirect, consequential, incidental, exemplary, or special damages, howsoever caused, in connection with these terms. Notwithstanding the foregoing, the maximum aggregate liability of Adakiya Consultants Services Private Limited (whether in contract, tort (including negligence)) hereunder for all damages, under or in connection with these terms, regardless of the form of action, shall be limited to Rs Five thousand (INR 5000). No claim against Adakiya Consultants Services Private Limited may be brought more than one (1) year after the facts giving rise to such claim have arisen. The foregoing limitations of liability and exclusions of damages in this clause limitation of liability form an essential basis of these terms and shall apply, notwithstanding the failure of the essential purpose of any limited warranty or remedy herein.
E. Limitation of Service Provider’s Liability
Claim Solution shall not be held liable for a reasonable amount of delay in performing the service. The reasonableness of such delays will be assessed on a case-by-case basis. Generally, these delays shall be a result of issues that are beyond the capabilities of the Service Provider.
F. Force Majeure
We shall not be held liable if the service is delayed due to any force majeure event, arising out of circumstances beyond our control and not foreseeable. This includes but is not limited to, events such as fire, flood, earthquakes, strikes, unavailability of necessary utilities, blackout, acts of God, acts of declared or undeclared war, acts of regulatory agencies, or natural disasters.
G. Copyright Infringement Take Down Procedure
Claim Solution values intellectual property and expects its users to uphold the same standards. In appropriate circumstances and at its discretion, Claim Solution may terminate the Account or restrict access to the Website for users who infringe upon the intellectual property rights of others.
If you believe that your work has been copied and posted on the Website in a way that constitutes copyright and/or trademark infringement, please send the following information to us at gro@claimsolution.in,
(i) Identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site.
(ii) Identification of the material that is claimed to be infringing or the subject of infringing activity, and that is to be removed or access to which is to be disabled on the Website. Include information reasonably sufficient to permit Claim Solution to locate the material.
(iii) A written statement that you have a good faith belief that the disputed use is not authorized by the copyright and/or trademark owner, its agent, or the law.
(iv) Information reasonably sufficient to permit Claim Solution to contact you, such as an address, telephone number, and, if available, an email address.
(v) An electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive interest that is allegedly infringed.
(vi) A statement by you, made under penalty of perjury, that the information in your report is accurate, and that you are the owner of the exclusive right or authorized to act on behalf of the owner of the exclusive right. This statement is referred to as the “Notice.”
Only the intellectual property rights owner is allowed to report potentially infringing items through Claim Solution’s reporting system. If you are not the intellectual property rights owner, you should contact the intellectual property rights owner, and they can decide whether to use the procedures outlined in these Terms of Use.
H. Modifications to or Termination of Website
1. MODIFICATION OR CESSATION OF WEBSITE
Claim Solution reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice and in its sole discretion. You agree that Claim Solution shall not be liable to you or any third party for any modification, suspension, or discontinuance of Claim Solution’s Services.
2. TERMINATION BY CLAIM SOLUTION
You acknowledge and agree that Claim Solution, in its sole and absolute discretion, has the right (but not the obligation) to delete, terminate, or deactivate your Account, block your email or IP address, cancel the authorization, or otherwise terminate your access to or participation in the use of the Website (or any part thereof), or remove and discard any Submitted Content on the Website (“Termination of Service”), immediately and without notice, for any reason. This includes, without limitation, Account inactivity or if Claim Solution believes or has reason to believe that you have violated any provision of the Terms of Use.
3. TERMINATION BY YOU
You can cancel your use of the Website and/or terminate the Terms of Use with or without cause at any time by following the link in your Account to deactivate your
4. EFFECT OF TERMINATION
Upon termination of your Account, your right to participate in the Website, including, but not limited to, your right to offer or purchase services and your right to receive any fees or compensation, including referral discounts, incentive bonuses, or other special offer rewards, shall automatically terminate. You acknowledge and agree that your right to receive any fees or compensation hereunder is conditional upon your proper use of the Website, your adherence to the Terms of Use, the continuous activation of your Account, and your permitted participation in the Website. In the event of Termination of Service, your Account will be disabled, and you may not be granted access to your Account or any files or other data contained in your Account. Notwithstanding the foregoing, residual data may remain in Claim Solution’s system.
Unless Claim Solution has previously canceled or terminated your use of the Website (in which case subsequent notice by Claim Solution shall not be required), if you provided a valid email address during registration, Claim Solution will notify you via email of any such termination or cancellation, which shall be effective immediately upon Claim Solution’s delivery of such notice.
Upon Termination of Service, the following shall occur: all licenses granted to you hereunder will immediately terminate; and you shall promptly destroy all copies of Claim Solution’s Data (as defined below), Marks (as defined below), and other content in your possession or control. You further acknowledge and agree that Claim Solution shall not be liable to you or any third party for any termination of your access to the Website. Upon Termination of Service, Claim Solution retains the right to use any data collected from your use of the Website for internal analysis and archival purposes, and all related licenses you have granted Claim Solution hereunder shall remain in effect for the foregoing purpose.
You agree to indemnify and hold Claim Solution, and its officers, managers, members, affiliates, successor, assigns, directors, agents, Service Providers, suppliers, and employees harmless from any claim or demand, including reasonable attorneys’ fees and court costs, made by any third party due to or arising out of the Termination of Service.
I. Intellectual Property Rights
1.CLAIM SOLUTION OWNS OR HOLDS THE LICENSES TO ALL DATA AND MARKS ON THE WEBSITE
The content on the Website, including, without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features, and the like (“Data”) and the trademarks, service marks, and logos contained therein (“Marks”), are owned by Claim Solution. Other trademarks, names, and logos on this Website are the property of their respective owners.
Data on the Website is provided to you as is for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcasted, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Claim Solution reserves all rights not expressly granted in and to the Website and the Data.
You agree not to use, copy, or distribute any of the Data other than as expressly permitted herein, including any use, copying, or distribution of content obtained through the Website for any commercial purposes. If you download or print a copy of the Data for personal use, you must retain all copyright and other proprietary notices contained thereon. You agree not to circumvent, disable, or otherwise interfere with security features of the Website or features that prevent or restrict the use or copying of any Data or enforce limitations on the use of the Website or the Data therein.
2. CLAIM SOLUTION’S LICENSE TO YOU FOR THE USE OF DATA AND MARKS
The Website contains Claim Solution’s Data and Marks, which are, or may become, protected by copyright, trademark, patent, trade secret, and other laws, and Claim Solution owns and retains all rights in the Claim Solution’s Data and Marks. Subject to these Terms of Use, Claim Solution hereby grants you a limited, revocable, non-transferable, non-sublicensable license to reproduce and display the Claim Solution’s Data (excluding any software source code) solely for your personal use in connection with accessing and participating in the Website.
The Website may also contain Data of other users or licensors, which you shall not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell.
J. Governing Law and Dispute Resolution
This Agreement shall be governed and construed in accordance with Indian law, without regard to the conflict of laws provision therein.
If a dispute arises out of or in connection with this Agreement or the performance, validity, or enforceability thereof (a “Dispute”), then the parties shall follow the procedure set out in this Clause:
(i) Either Party shall give the other written notice of the Dispute, setting out its nature and full particulars (“Dispute Notice”), together with relevant supporting documents. On service of the Dispute Notice, the Parties shall attempt in good faith to resolve the Dispute.
(ii) If the Parties are for any reason unable to resolve the Dispute within thirty (30) days of service of the Dispute Notice, either Party may refer the Dispute to final resolution by arbitration by a sole arbitrator in accordance with the Arbitration and Conciliation Act, 1996. The place for any arbitration shall be in Delhi, and the language shall be English. In the event the Parties fail to agree on the sole arbitrator within thirty (30) days from receipt of a request by one Party from the other Party to so agree, the appointment shall be made, upon request of a Party, by the Chief Justice of the High Court or any person or institution designated by him, in accordance with Section 11(5) of the Arbitration and Conciliation Act, 1996.
Except as set forth above, all matters arising out of this Agreement shall be subject to the exclusive jurisdiction of the courts in Delhi, and the Parties hereby irrevocably submit to the jurisdiction of these courts.
K. Indemnity
Each Party undertakes to defend, indemnify, and hold harmless the other Party, its subsidiaries, affiliates, agents, officers, employees, and assignees on a full indemnity basis, from and against all actions, proceedings, claims, demands, costs (including legal expenses), damages, judgments, decrees, expenses, penalties, and liabilities of any kind or nature whatsoever arising directly or indirectly as a result of any breach or non-performance by such Party of any of its undertakings, warranties, representations, or obligations under this Agreement.
You shall indemnify us for all litigations or lawsuits arising as a result of your failure to comply with the obligations of the Service Professional as per the terms of this Agreement. You shall indemnify us for the delay or inability to perform Services, due to which we had to indemnify the Service user for the loss suffered. You shall indemnify us if we violate any applicable state and local law or regulation due to fault on your part or the part of your Services.
This Clause K shall survive any termination or repudiation of this Agreement.
L. Cancellation and Refund Rules
You may cancel your registration and the use of the Website with or without cause at any time by following the link in your Account to deactivate your account.
In case of any unusual deductions of money from your wallet/account, even if you have not used the service or have been charged more than what needs to be charged, the amount shall be refunded either on receipt of a complaint from you or upon detection of such transactions by the management of Claim Solution, whichever is earlier.
M. Notice
You agree that Claim Solution may provide you with notices, including those regarding changes to the Terms of Use, by email, regular mail, or postings on the Website.
N. General Information
1. ENTIRE TERMS OF USE
The Terms of Use, together with the Privacy Policy and any other legal notices or Additional Policies published by Claim Solution on the Website, shall constitute the entire agreement between you and Claim Solution concerning the Website. If any provision of the Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms of Use, which shall remain in full force and effect. No waiver of any provision of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and Claim Solution’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
2. STATUTE OF LIMITATIONS
You agree that any cause of action arising out of or related to the Website must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
3. SECTION HEADINGS
The section headings in the Terms of Use are for convenience only and have no legal or contractual effect.
O. The Company reserves the right to use the reviews/testimonials given by the customers/clients for spreading awareness and further promotion of the company/website.
This document was most recently updated on Dec 31, 2023.