1. Scope

These Partner Portal Terms of Use ("Portal Terms of Use") set forth the terms and conditions applicable to webSite/portals/services of Liberty General Insurance Co. Ltd. (hereinafter referred to as "LGI") through which LGI makes available certain Partner Portal Services to its partners/intermediaries/IMDs. The Partner Portal Site provides access to its Partners/Intermediaries/IMDs to issue motor insurance policies on behalf of LGI. The Partner may obtain information and access to certain LGI products, services and software ("LGI Services") made available by LGI through the applicable Partner Portal from time-to-time (collectively, "Partner Portal Services"). "Such Partner Portal Services might include (a) policy related information, (b) viewing and accessing an downloading policies issued to LGI customers, (c) KYC data of customers, (d)motor vehicle details, (e) premium and (f) sum insured (clauses (a) through (f) collectively, "Partner Materials").  

2. Acceptance of Terms

Notwithstanding anything to the contrary set forth in a separate signed agreement or agreements between LGI and the applicable Partners governing the provision of Partner Services or other business relationship between such parties, as the same may be/has been amended from time-to-time (collectively, the "Partner Business Agreement"), and in the event that no such Partner Business Agreement between LGI and Partner hereby acknowledges and agrees that access and use of the Partner Portal Site, Partner Materials, or any Partner Portal Services are subject to these Partner Portal Terms of Use. Partner Portal Customers are responsible for the access and use of the Partner Portal Site, Partner Materials and Partner Portal Services by their administrators ("Administrators"), other users ("Users") and Affiliates. Partners may permit IMDs to access and use the Partner Portal Site, and any Partner Portal Services, provided that: a) Such IMDs access and use of content is in accordance with these Partner Portal Terms of Use; b) Partner(s) remain(s) fully liable to LGI with respect to Partners/IMDs access and use of the Portal ; c) access and use is provided only to IMDs/personnel who reasonably need to access the Partner Portal If you are not a Partner, you are not permitted to access or use the applicable Partner Portal Site. If Partner Portal Customer does not agree to the terms of these Partner Portal Terms of Use, it must not access or use the applicable Partner Portal Site, and in the case of an Partner Channel Partner, it must not allow its Sub-Resellers and/or Clients to access or use the applicable Partner Portal Site.  

3. Precedence

Use of the Partner Portal Site, Partner Materials, Partner Portal Services and other Partner Services may also be subject to disclaimers, legal notices, click-through agreements, or other legal agreements (any "Additional Legal Terms"), which may be posted on the Partner Portal from time-to-time, where applicable. These Portal Terms of Use and the applicable Additional Legal Terms form a legally binding agreement between LGI and Partner/IMDs regarding access and use of the applicable Partner Portal Site. Whenever there is a conflict between the terms in these Portal Terms of Use and the Additional Legal Terms, the terms in the Additional Legal Terms shall control as to the subject matter of such Additional Legal Terms. Whenever there is a conflict between the terms in these Portal Terms of Use and the applicable Partner Business Agreement, the terms of these Portal Terms of Use shall control access and use of the Partner Portal Site, Partner Materials and Partner Portal Services, and the Partner Business Agreement shall control access and use of the applicable other Partner Services. In the event of a conflict between an invoice for Partner Services and usage information presented in an Partner Portal Site, the invoice shall control as to amounts payable to Partner for Partner Services. In the event that no Partner Business Agreement has been signed by Partner, LGI�s standard terms and conditions located at "Terms and Conditions" shall apply to usage of the Partner Portal by such Partner and its Administrators/IMDs, Users and, if applicable, Clients.  

4. Changes and Notices

LGI may make changes to these Portal Terms of Use, the Partner Portal Site, Partner Materials and/or Partner Portal Services at any time by posting to the applicable link for these Partner Portal Terms of Use. THE MOST CURRENT VERSION OF THESE PARTNER PORTAL TERMS OF USE CAN BE ACCESSED BY CLICKING "TERMS OF USE" WHICH IS INCLUDED AT THE BOTTOM OF THE HOME PAGE OF THE APPLICABLE PARTNER PORTAL SITE.  

5. Confidential Information

Partner/IMD hereby agrees not to reproduce any Confidential Information (defined below) to which Partner Portal Customer is provided access through the Partner Portal Site in any form except as authorized at the time of disclosure. Any reproduction of Confidential Information shall remain the property of LGI, and shall contain any and all confidential or proprietary notices or legends that appear on the original. Partner/IMD hereby agrees (a) to take all reasonable steps (defined below) to keep all Confidential Information confidential; (b) to use Confidential Information solely as authorized at the time of disclosure; (c) not to disclose any Confidential Information to any party without the prior written consent of LGI; and (d) not to cause or permit reverse engineering of any Confidential Information or disassembly of any software programs which are a part of the Confidential Information. Partners do not acquire any rights in Confidential Information except the limited rights as described above. In no event shall Partner use Confidential Information to create, enhance, modify, rent, lease, loan, sell, distribute or create derivative works based on Partner Materials, Partner Portal Services or other Partner Services, or use Partner content to develop similar or competing products of offerings. As used herein, "Confidential Information" shall mean all trade secrets and other information, Partner Materials or Partner Portal Services which Partner or third parties protect against unrestricted disclosure to others which is either labeled Confidential, accessed through an Partner Portal Site, pursuant to software downloads or other delivery of Partner Services, or reasonably identifiable as confidential based on the type of information and the manner of its disclosure. Without limiting the foregoing, information provided via the Partner Portal Site regarding the configuration, utilization, availability, location and/or performance of Partner Services or assets deployed as part of, or used by, the Partner�s network and systems or to enable the delivery of an Partner Service, are Confidential Information of Partner hereunder. Access credentials to the Partner Portal Site issued to a Partner Portal and their respective Administrators, Users, IMDs are also Confidential Information. The availability of the functionality to download or export Confidential Information from an Partner Portal Site is not a waiver of confidentiality hereunder, and the downloaded or exported files of such information shall also be treated as Confidential Information hereunder. Reasonable steps means those steps Partner/IMD takes to protect its own similar Confidential Information, which shall not be less than a reasonable standard of care. Partner shall not be obligated to treat information as Confidential Information if such information: (a) was rightfully in its possession prior to receipt from or disclosure by Partner; (b) is or becomes public knowledge other than through a breach of confidentiality; (c) is or was rightfully disclosed to Partner Portal Customer by a source other than Partner or any party under their respective control; (d) is independently developed by Partner Portal Customer without use of the Confidential Information disclosed hereunder; or (e) must be disclosed by Partner Portal Customer according to mandatory applicable law. Partner is not permitted to access LGI�s or third party Confidential Information that is not explicitly licensed or otherwise granted a right to use for the intended purpose as set forth in its applicable Partner Business Agreement or as otherwise permitted hereunder.  

6. User Information

User name, password, password reset questions and answers and other access credentials ("User Information") is provided to Administrators and Users /IMDs of Partner for their sole access to the Partner Portal Site they have been authorized to use by such Partner. Partner is responsible for ensuring that its Administrators and Users /IMDs keep their respective User Information secure and confidential. Partners /IMDs are solely responsible with regard to usage and security of User Information of its Administrators and Users and any activities that occur under the applicable Partner�s accounts. LGI reserves the right to immediately suspend or terminate access to the Partner Portal Site if any misuse of User Information or suspicion of compromise.  

7. Third-Party Products and Services

7.1 General. Partner is solely responsible for any equipment, devices, hardware, cabling, materials, services, support, products, applications or licensed software supplied by parties that Partner uses in conjunction with the Partner Portal Services and other Partner Services. LGI shall not be directly or indirectly responsible or liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such equipment, devices, hardware, cabling, materials, services, support, products, applications or licensed software supplied by third parties.   7.2 External WebSite. The Partner Portal Site may contain links to external webSite and information provided on such external webSite by third-party service providers. LGI shall not be responsible for the contents of any linked website, or any changes or updates to such Site. Partner hereby further agrees that LGI shall not be directly or indirectly responsible or liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any such linked website.   7.3 Two-Factor Authentication. Partner may only use two-factor authentication ("2FA ") for Partner Portal Site in connection with accessing its Partner accounts. Partner is responsible for all applicable fees associated with use of other Partner Services with 2FA. Partner is solely responsible for the procurement, configuration, operation, performance and security of any hardware or non-Partner software that it, or its Administrators or Users/IMDs, including, without limitation, any authentication application or device. 2FA configuration values shall be treated as Confidential Information hereunder.  

8. Intellectual Property Rights

Access to and use of any Partner Services provided on the Partner Portal Site is subject to a separate Partner Business Agreement for such Partner Service that is supplemented by these Partner Portal Terms of Use. All Intellectual Property Rights to any Partner Services, Partner Materials and Partner Portal Services shall belong to LGI. Except to the extent expressly permitted by the applicable Partner Business Agreement, Partner must not remove, overprint or deface any notice of copyright, trademark, logo, legend, or other notice of ownership from any originals or copies of third-party software or content, or any Partner Materials accessed on the Partner Portal Site. Nothing in these Partner Portal Terms of Use shall be deemed to give any party the right to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any Partner software, products or services for any reason unless otherwise permitted by law. As used herein, "Intellectual Property Rights" means, on a world-wide basis, any and all now known and hereafter known, current and future, tangible and intangible: (a) rights associated with works of authorship including, without limitation, copyrights; (b) trade secret rights; (c) patents, designs, algorithms and other industrial property rights; (d) all other intellectual and industrial property rights of every kind and nature and however designated, whether arising by operation of law, contract, license or otherwise; and (e) all registrations, initial applications, renewals, extensions, continuations (including continuations-in-part), re-examinations, divisions or reissues hereof now or hereafter in force (including any rights in any of the foregoing).  

9. Permissible Use of Partner Portal Services and Partner Materials

Use of Partner Materials and Partner Portal Services provided on any Partner Portal Site is permitted only for use with the Partner Services in the scope of and in accordance with these Partner Portal Terms of Use and such Partner�s valid Partner Business Agreement for Partner Services, as applicable. Use of Partner Portal Site and the Partner Materials for any other purpose is prohibited without the express permission of Partner. Partner Materials, Partner Portal Services and any other Partner Services made available on an the Partner Portal Site may not be accessed, used or distributed by or to any Affiliate or third party unless stated otherwise in the applicable Partner Business Agreement. Partner/IMD is responsible to ensure that any use of an Partner Portal Service by such Affiliate or third party is in compliance with these Partner Portal Terms of Use and the requirements of such Partner Business Agreement. Partner hereby agrees to notify LGI in the event it becomes aware of any violation of these Partner Portal Terms of Use by it, or any of its Administrators or Users/IMDs.  

10. Termination and Accountability

In the event Partner is in material breach of these Partner Portal Terms of Use, any Additional Legal Terms or its Partner Business Agreement, Partner may, at its sole discretion, suspend or terminate its account immediately and without written notice and refuse it and/or its IMDs any current or future use of the applicable Partner Portal Site. LGI shall not be liable to Partner or other third party for any termination or change to the Partner Portal Site and/or the Partner Materials and Partner Services unless provided otherwise in its respective Partner Business Agreements. Partner Portal Customer hereby agrees not to use any Partner Portal Site in violation of Partner�s Acceptable Use Policy located at " __________________"  

11. Indemnity

YOU SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS LGI (INCLUDING ITS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, GROUP COMPANIES, AGENTS, REPRESENTATIVES OR SUBCONTRACTORS) FROM ANY AND ALL CLAIMS AND LOSSES IMPOSED ON, INCURRED BY OR ASSERTED AS A RESULT OF OR RELATED TO: (a) your access and use of Partner Portal (b) any non-compliance by user with the terms and conditions hereof; or (c) any third party actions related to users receipt and use of the information, whether authorized or unauthorized.  

12. Disclaimers

The Partner Portal Site, Partner Portal Services and the Partner Materials are provided "as-is" without representation or warranty of any kind, including, without limitation, any implied warranties of merchantability, fitness for a particular purpose, course of dealing, course of performance, usage of the trade, non-infringement, accuracy or security. Statements and explanations of the Partner Portal Site, Partner Materials or Partner Services in promotional material or on the Partner Portal Site are made for explanatory purposes only; SUCH STATEMENTS are not meant to constitute any guarantee or warranty of certain features. Without limitation of the foregoing, Partner does not represent or endorse the accuracy or reliability of any: (a) links to web-pages of third parties contained on the Partner Portal Site, or the content obtainable on such web-pages or (b) information provided by third parties on the Partner Portal Site.  

13. Limitation of Liability

UNLESS OTHERWISE PROVIDED IN THE APPLICABLE PARTNER BUSINESS AGREEMENT,TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LGI AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF PARTNER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), HOWEVER CAUSED, WHETHER IN CONTRACT, TORT, OR OTHERWISE, ARISING OUT OF OR RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE PARTNER PORTAL SITE, PARTNER MATERIALS OR PARTNER PORTAL SERVICES; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES ARISING OUT OF THE USE OR INABILITY TO USE THE PARTNER PORTAL SITE, PARTNER PORTAL SERVICES OR ANY PARTNER MATERIALS, OR PARTNER SERVICES PURCHASED OR OBTAINED DURING TRANSACTIONS CONDUCTED ON AN PARTNER PORTAL SITE; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR DATA; (D) STATEMENTS, MESSAGES, OR CONDUCT OF ANY THIRD PARTY ON OR LINKED VIA AN PARTNER PORTAL SITE; OR (E) ANY OTHER MATTER RELATING TO THE PARTNER PORTAL SITE, PARTNER MATERIALS OR PARTNER PORTAL SERVICES.  

14. Applicable Law and Jurisdiction

The terms of this agreement are exclusively based on and subject to Indian laws. You hereby consent to the exclusive jurisdiction and venue of courts in Mumbai, India in all disputes arising out of or relating to the use of this website. Use of this website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.  

15. Survival

Any provision that by its nature must survive termination or expiration of LGI�s a) Intellectual Property Rights and ownership; and b) Sections 11, 12, 13, 14 and 15 shall survive termination. Upon any termination of the Partner Portal Site account, or Partner�s written request, Partner/IMDs must cease use of Confidential Information and return or destroy all Confidential Information in its possession or control.  

16. Waiver and Severability

The failure of Partner to exercise or enforce any right or provision of these Partner Portal Terms of Use shall not constitute a waiver of such right or provision. To the extent that any provision in these Partner Portal Terms of Use shall be found to be unenforceable, such provision shall be modified in such a manner so as to make these Partner Portal Terms of Use as modified, legal and enforceable under applicable laws and the balance of the provisions of these Partner Portal Terms of Use shall not be affected thereby.  

17. Third Parties

Except as expressly set forth herein, nothing in these Partner Portal Terms of Use is intended to confer on a person any right to enforce any term of these Partner Portal Terms of Use which that person would not have had.  

18. Technical Information

LGI may collect technical information such as IP (Internet Protocol) address, details of the pages visited, and the browser used to view this Partner Portal Site. This Partner Portal Site collects standard internet log and technical data to measure and improve its effectiveness, to help diagnose problems with LGI server, to administer this Partner Portal Site, to see where web site traffic is coming from and to identify LGI users.