1. Collection of Personally Identifiable Information and other Information
Upon use of the website by a visitor, Blue Cross of India collects and stores visitor’s personal information which is provided by the visitor from time to time. The primary goal in doing so is to provide the visitor a safe, efficient, smooth and customized experience. This allows Blue Cross of India and the website to provide services and features that most likely meet the visitor’s needs, and to customize the website to make the experience safer and easier for the visitor. More importantly, while doing so the personal information of visitor are also collected that are considered necessary for achieving this purpose.
Blue Cross of India and the website, may automatically collect certain information about the computer or devices (including mobile devices) that the visitors use to access the services of the website. For example, Blue Cross of India may collect and analyze information such as (a) IP addresses, mobile device identifiers and other information about the visitor’s mobile phone or other mobile device(s), browser types, browser language, operating system, and the city, state and country from which the visitor accessed the services; and (b) information related to the ways in which the visitors interact with the services, such as: referring and exit pages and URLs, platform type, the number of clicks, domain names, landing pages, pages viewed and the order of those pages, the amount of time spent on particular pages, the date and time the visitor used the services, error logs, and other similar information.
In general, the visitors can browse the website without revealing to Blue Cross of India any personal information about themselves. Once the personal information is revealed by the visitors, the visitors are not anonymous to Blue Cross of India or the website. Where possible, Blue Cross of India indicates which fields are required and which fields are optional. The visitors always have the option to not provide information by choosing not to use a particular service or feature on the website. Blue Cross of India and the website may automatically track certain information about the visitors based upon their behaviour on the Website. Blue Cross of India uses this information to do internal research on the visitors’ demographics, interests, and behaviour to better understand, protect and serve the visitors. This information is compiled and analysed on an aggregated basis. This information may include the URL that the visitor just came from (whether this URL is on the Website or not), which URL, the visitor may next go to (whether this URL is on the Website or not), the visitor’s computer browser information, and their IP address.
Blue Cross of India and the website use data collection devices such as “cookies” on certain pages of the website to help analyse the web page flow, measure promotional effectiveness, and promote trust and safety. “Cookies” are small files placed on the hard drive of the visitor that assist Blue Cross of India in providing services. Blue Cross of India and the website offer certain features that are only available through the use of a “cookie”.
If the visitors choose to post messages on the website’s message boards, chat rooms or other message areas or leave feedback, Blue Cross of India and the website will collect that information the visitors provide. Blue Cross of India and the website retain this information as necessary to resolve disputes, provide customer support and troubleshoot problems as permitted by law.
If the visitors send Blue Cross of India personal correspondence, such as emails or letters, or if other visitors or third parties send Blue Cross of India correspondence about the activities or postings on the website, Blue Cross of India may collect such information into a file specific to the visitor.
Blue Cross of India and the website collect personally identifiable information (email address, name, phone number, etc.) from the visitors when they set up a free account with Blue Cross of India.
2. Use of Demographic / Profile Data / Visitor Information
Blue Cross of India and the website use personal information to provide the services the visitor requests. To the extent Blue Cross of India and the website use the personal information to market, Blue Cross of India and the website will provide the visitors the ability to opt-out of such uses. Blue Cross of India and the website use such personal information to resolve disputes; troubleshoot problems; help promote a safe service; collect money; measure consumer interest in the products and services, inform the visitors about online and offline offers, products, services, and updates; customize visitor experience; detect and protect Blue Cross of India and the website against error, fraud and other criminal activity; enforce Blue Cross of India and the website’s terms and conditions; and as otherwise described to the visitor at the time of collection.
In Blue Cross of India and the website’s efforts to continually improve their product and service offerings, they collect and analyse demographic and profile data about the visitors’ activity on the Website.
Blue Cross of India and the website identify and use the visitor’s IP address to help diagnose problems with Blue Cross of India’s server, and to administer the website. The visitor’s IP address is also used to help identify the visitor and to gather broad demographic information.
Blue Cross of India will occasionally ask the visitor to complete optional online surveys. These surveys may ask the visitor for contact information and demographic information (like zip code, age, or income level). Blue Cross of India may use this data to tailor the visitor’s experience at the website, providing the visitor with content that the visitor might be interested in and to display content according to visitor preferences.
A “cookie” is a small piece of information stored by a web server on a web browser so it can be later read back from that browser. Cookies are useful for enabling the browser to remember information specific to a given visitor. Blue Cross of India and the website place both permanent and temporary cookies in the visitor’s computer’s hard drive. The cookies do not contain any of the visitor’s personally identifiable information.
3. Sharing of personal information
Blue Cross of India may share personal information with their other corporate entities and affiliates to help detect and prevent identity theft, fraud and other potentially illegal acts; correlate related or multiple accounts to prevent abuse of their services; and to facilitate joint or co-branded services that the visitors request, where such services are provided by more than one corporate entity. Those entities and affiliates may not market to the visitors as a result of such sharing unless the visitors explicitly opt-in.
A person needs to be 18 years of age or older to be eligible to use the Services. The Services are not intended for persons under the age of 18. Blue Cross of India and the website require that only persons 18 years of age or older use the Services. By using the Services, the visitors hereby represent that they are at least 18 years old. If Blue Cross of India becomes aware of a visitor under the age of 18, Blue Cross of India will make reasonable efforts to promptly delete that visitor’s information.
5. Links to Other Sites
The website links to other websites that may collect personally identifiable information about the visitors. Blue Cross of India is not responsible for the privacy practices or the content of those linked websites.
6. Security Precautions
Blue Cross of India and the website has stringent security measures in place to protect the loss, misuse, and alteration of the information under their control. Whenever the visitors change or access their account information, Blue Cross of India offer the use of a secure server. Once the visitor information is in the possession of Blue Cross of India, they adhere to strict security guidelines, protecting it against unauthorized access.
Blue Cross of India provides all visitors with the opportunity to opt-out of receiving non-essential (promotional, marketing-related) communications from them on behalf of thier partners, and from Blue Cross of India in general, after setting up an account.
Blue Cross of India may use third-party advertising companies to serve ads when the visitors visit the website. These companies may use information (not including visitor’s name, address, email address, or telephone number) about their visits to this and other websites in order to provide advertisements about goods and services of interest to the visitors.
9. Visitor’s Consent
10. Credit Cards Details: Blue Cross of India does not store credit card details or any other payment information, nor does it share the same with any third party.
Grievance , Questions:
In case of questions or grievances please reach out to:
TERMS AND CONDITIONS
This Terms and Conditions (“T&C”) provides the terms governing the use of Blue Cross of India products and services, by any User.
The following terms have the following meanings:
i. “Affiliate” means, in relation to either Party, any entity: (a) which is owned more than 50% by that Party; or (b) over which that Party exercises management control; or (c) which is under common control with that Party; or (d) which owns more than 50% of that Party's voting securities.
ii. “Confidential Information” means any non-public information disclosed by one Party to another Party that is: (a) at the time of disclosure identified or marked as confidential or proprietary information; or (b) by its nature and the circumstances should be considered, or is reasonably obvious to be confidential information, in all cases including, but not limited to, information regarding Blue Cross of India's technology, strategy, operations, finances, sales, supply chain, transactions, customers, sources of supply, and information maintained in Blue Cross of India’s internal-only documentation or websites.
iii. “Intellectual Property Rights” means all worldwide common law or statutory: (a) patents, patent applications, and patent rights; (b) rights associated with original works, authorship, moral rights, copyrights and all their exclusive rights; (c) rights relating to the protection of trade secrets and Confidential Information; (d) rights associated with designs, industrial designs and semiconductor design; (e) trademarks, service marks, logos and any associated branding features; (f) rights analogous to those rights set forth above and all other industrial or intellectual property rights; and (g) registrations, provisionals, continuations, continuations-in-part, renewals, reissues, reexaminations and extensions of the foregoing (as applicable) now existing or hereafter filed, issued or acquired.
iv. “Personal Data” means any information relating to a natural person that can be used, directly or indirectly, to identify such person (for example, an identification number or other data specific to a person’s physical, physiological, mental, economic, cultural, or social identity).
v. “User” means any person that accesses www.bluecrossofindia.org and avails the services of Blue Cross of India.
Notwithstanding the above, Blue Cross of India and User may be referred to in singular as “Party” and in plural as “Parties”, as the context may require.
i. Representations and Warranties:
Blue Cross of India, User represent and warrant that:
(a) entering into and fully performing its obligations under this T&C does not and will not violate any agreement or obligation existing between themselves and any third party;
(b) It will ensure that the services are provided in accordance with all applicable laws, regulations, and industry standards of care regarding the services being provided including but not limited to all applicable laws;
(c) All necessary releases, consents, rights, licenses, representations, warranties and assignments necessary for performance of the services, have been obtained;
(d) As on the Effective Date, there are no litigations or claims of material nature, which may detrimentally affect any Party’s ability to provide Services under this T&C.
ii. User’s Representations and Warranties:
The Users represent and warrant that they would not -
(a) post any content, upload, make any email or other communication, or otherwise transmit or make available anything that is illegal, unlawful, libellous, defamatory, abusive, obscene, discriminatory, or otherwise objectionable.
(b) Use Blue Cross of India’s website or services for any purpose or in any manner that violates any law, rule, or regulation.
(c) Misrepresent their identity, or any facts about themselves or their background, or any facts about any other person, entity, or event, including but not limited to the use of a pseudonym, or misrepresenting their current or previous positions and qualifications, or misrepresenting their affiliations with any person or entity, past or present.
(d) post any content, upload, make any email or other communication, or otherwise transmit or make available anything that they do not have the right to disclose, including anything they are prohibited from disclosing under any law, contract, or fiduciary relationship (such as insider information, or proprietary or confidential information learned or disclosed as part of an employment relationship or under a nondisclosure agreement).
(e) post any content, upload, make any email or other communication, or otherwise transmit or make available anything that violates the rights of any person or entity, including without limitation anything that infringes upon any patent, trademark, trade secret, copyright or any other proprietary or intellectual property right.
(f) post any content, upload, make any email or other communication, or otherwise transmit or make available any advertising, promotional materials, junk mail, spam, pornography, chain letters, pyramid schemes, or any other form of solicitation, advertising, marketing, or promotion. This prohibition includes but is not limited to: a) using Blue Cross of India invitations to send messages to people who do not know them or who are unlikely to recognize them as a known contact; b) using Blue Cross of India to connect to people who do not know them and then sending unsolicited promotional messages to those direct connections without their permission; and c) sending messages to distribution lists, newsgroup aliases, or group aliases.
(g) post any content, upload, make any email or other communication, or otherwise transmit or make available anything that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
(h) stalk or harass anyone.
(i) forge headers or otherwise manipulate identifiers in order to disguise the origin or destination of any communication.
(j) post content in fields that aren’t intended for that content.
(k) interfere with or disrupt any services or servers or networks connected to our website and services, or disobey any requirements, procedures, policies or regulations of networks connected to our website and services.
Further the Users represent & warrant:
(l) That they agree not engage in personal attacks, flames, or profanity, nor make offensive comments or judgments; disagreement is permissible and sometimes necessary, but attacks are unacceptable.
(m) That they agree not to post comments that could be construed as sexist, racist, homophobic, intolerant, or demeaning by any individual based on gender, age, disability, politics, religion, or sexual orientation.
(n) That they agree not to use access to this community to market any products or services or otherwise engage in any form of solicitation.
(o) They agree not to proselytize spiritual or religious beliefs or promote political candidates or causes.
3. CONFIDENTIAL INFORMATION:
(a) Confidentiality Obligation. Confidential Information of a Party (the "Disclosing Party") will be held in confidence by the other Party (the "Recipient") and will not be disclosed to any third party or otherwise made public without the Disclosing Party's prior written consent or as expressly provided in this T&C.
(b) Restrictions on Use of Confidential Information. The Recipient will: (a) not use the Confidential Information for any purpose other than in the performance and fulfillment of the Recipient’s obligations or in the exercise of the Recipient’s rights under this T&C; (b) take all reasonable and necessary steps to ensure that its employees, principals, officers, agents, contractors, representatives, Affiliates, and any and all other persons or entities who have access to Confidential Information through Recipient, comply with the Recipient's obligations pursuant to this Section; (c) disclose any of the Disclosing Party’s Confidential Information in response to a valid court order or other legal process, only to the extent required by that order or process and only after the Recipient has given the Disclosing Party written notice in any case no less than twenty (20) days of such court order or other legal process promptly after receipt thereof and the opportunity for the Disclosing Party to seek a protective order or confidential treatment of such Confidential Information (with the reasonable assistance of Recipient, if the Disclosing Party so requests); and (d) return all the Disclosing Party's Confidential Information to the Disclosing Party or destroy the same, at the Disclosing Party's request, by no later than fifteen (15) calendar days after such request or when Recipient no longer needs Confidential Information for its authorized purposes.
(c) Exceptions. The foregoing obligations apply to all Confidential Information of the Disclosing Party, unless and until such time as the Recipient can demonstrate with competent evidence that: (a) such Confidential Information is or became generally available to the public, through no fault of the Recipient and without breach of this T&C; (b) such Confidential Information is or was already in the possession of the Recipient without restriction and prior to any disclosure by the Disclosing Party; (c) such Confidential Information is or has been lawfully disclosed to the Recipient by a third party without an obligation of confidentiality upon the Recipient; or (d) the Recipient can prove that such Confidential Information was developed independently by the Recipient without access to, use of or reference to the Confidential Information disclosed by the Disclosing Party.
If either any Party breaches any representation or warranty made in Part II, the said Party will, at its own expense, promptly repair or replace the defective or non-conforming part of the services or re-perform the services. If such prompt repair, replacement or re-performance is not possible, the said Party will notify the other Party in writing and the latter Party may elect at its sole option to: grant an extension of time, in writing, for the former Party to correct the nonconformity at the former Party’s expense, and re-perform the services or terminate their relationship.
Except as provided in this T&C, the Parties make no other warranties, express or implied, including any implied warranties concerning merchantability or fitness for a particular purpose.
6. INTELLECTUAL PROPERTY:
Blue Cross of India, the Blue Cross of India logo, and other Blue Cross of India logos and names are trademarks and/or service marks of Blue Cross of India Corporation. The User agrees not to display or use these trademarks and/or service marks in any manner without prior written permission of Blue Cross of India. The User also agrees not to remove or modify any Blue Cross of India copyright, patent or trademark notices or any Blue Cross of India trademarks from any Blue Cross of India web page or other electronic or hardcopy materials in which such notice or trademark is present.
The User shall not do any of the following: (i) copy or reproduce, whether in paper or electronic or other media, any Blue Cross of India products or services (or any part of them); (ii) modify any Blue Cross of India products or services or materials except for the data fields or prompts designed for input of data; (iii) create any derivative works of any Blue Cross of India products or services or materials; (iv) sell, lease, or sublicense any Blue Cross of India products or services or materials, (v) make any Blue Cross of India products or services or materials publicly available through a web site or other means; (vi) display or allow access to or use of any Blue Cross of India products or services or materials by persons or at facilities other than as authorized under an agreement with Blue Cross of India; (vii) use any Blue Cross of India products or services or materials in a way that would violate a law or regulation or that would be contrary to its intended use; (viii) decompile disassemble, reverse engineer, modify or enhance any Blue Cross of India products or services or materials; or (ix) refer to or otherwise use any Blue Cross of India products or services or materials as part of any effort to develop a program having any functional attributes, visual expressions or other features similar to those of any Blue Cross of India Products and Services or materials.
Blue Cross of India may utilize rules and controls to protect the security of its products or services and the online system through which they may be delivered, and the User agrees to comply therewith. These rules and controls are intended to protect Blue Cross of India’s proprietary works, intellectual property, and other rights and interests. The User’s violation of any provision of this T&C, including but not limited to any security rules or controls, is a material breach of this T&C, and Blue Cross of India may, in addition to any other legal remedy, immediately cease providing any or all Blue Cross of India services. The User acknowledges that circumvention of any access controls is also a violation and Blue Cross of India may take any action permitted by law or equity to enforce its rights thereunder or otherwise. All rights and remedies provided to Blue Cross of India in this or any other part of this T&C are cumulative and are in every case in addition to all other rights and remedies provided to Blue Cross of India under law, equity, or otherwise.
7. LIMITATION OF LIABILITY:
The User expressly agrees that Blue Cross of India shall not be liable for any damages, including but not limited to any direct, indirect, compensatory, punitive, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Blue Cross of India knew of the possibility of such damages). Some jurisdictions may not allow the exclusion or limitation of liability for certain types of damages. Accordingly, some of these limitations may not apply to the User.
By accepting this T&C, the User agrees to indemnify and otherwise hold harmless Blue Cross of India, its subsidiaries and affiliates, and their officers, directors, employees, independent contractors, agents, subsidiaries, affiliates and other partners from any damage, whether direct, indirect, compensatory, punitive, incidental, special, consequential, exemplary or otherwise resulting from: i) the User’s use of any Blue Cross of India services; ii) unauthorized access to or alteration of Blue Cross of India’s communications with or through any Blue Cross of India services, iii) any other matter relating to any Blue Cross of India services; iv) any personal or business dealings, activities, interactions, or transactions that may occur between users; v) the User’s failure to perform its obligations under this T&C or in the event of any misrepresentation by the User.
10. TERM AND TERMINATION:
By Blue Cross of India: User agrees that Blue Cross of India may, at any time, with or without cause, and without notice, suspend or terminate the User’s access to any or all services. Without limiting the foregoing, the following may, at the discretion of Blue Cross of India, lead to a termination of the User’s use of Blue Cross of India’s services: (a) breach of this T&C or any other agreement, policy, rule, or guideline, (b) request by law enforcement or other government agency, (c) technical issues or problems, or (d) extended periods of inactivity. Furthermore, the User agrees that any suspension or termination, partial or full, shall be made in Blue Cross of India’s sole discretion and that Blue Cross of India shall not be liable to the User nor to any third-party for any suspension or termination of User’s access to Blue Cross of India’s services.
11. COMPLIANCE WITH LAWS:
Recognizing the global nature of the Internet, the User agrees to comply with all applicable international, national and local laws, rules, and regulations, including but not limited to those regarding online conduct and acceptable content. User shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time and also all applicable Domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations.
12. INFORMATION PROVIDED ON THE WEBSITE:
In the course of using any Services, a User may provide information about themselves that may be visible to certain other users. User understand that by posting materials on the Blue Cross of India site or otherwise providing materials to Blue Cross of India, the User is granting Blue Cross of India a royalty-free, world-wide, perpetual, irrevocable license to use this information in the course of offering their Products and Services. Furthermore, User understands that Blue Cross of India retains the right to reformat, excerpt, or translate any materials submitted by the User. The User understands that all information publicly posted or privately transmitted through any of Blue Cross of India’s services is the sole responsibility of the person from whom such content originated and that Blue Cross of India will not be liable for any errors or omissions in any content, or otherwise with respect to any content.
13. NO CRAWLING, COPYING, SIMULATING, OR INTERFERING:
Use of manual or automated software, devices, or other processes to crawl or spider any web pages contained in Blue Cross of India website is prohibited. The users agree not to monitor or copy, or allow others to monitor or copy, Blue Cross of India web pages or the content included therein. The user also agrees not to frame or otherwise simulate the appearance or function of the Blue Cross of India website. Furthermore, the user agrees not to take any action that interferes with the proper working of or places an unreasonable load on Blue Cross of India’s infrastructure, including but not limited to unsolicited communications, attempts to gain unauthorized access, or transmission or activation of computer viruses.
14. Blue Cross of India COMMUNICATIONS:
Blue Cross of India may communicate with the user. The user agrees to receive emails, telephone calls, courier delivery, or regular mail that relate to the user’s account. User also agrees to have their name and/or email address listed in the header of certain communications that the user initiates through Blue Cross of India Products and Services.
15. REFUND POLICY:
As a charity, Blue Cross of India is dependant on donations from Users and other interested persons. Blue Cross of India does not refund donations. However, a refund of donations would be considered in certain exceptional circumstances, provided that such request is made within 48 hours of the donation. Such refund of donation is subject entirely on the discretion of Blue Cross of India.
i. Assignment. Blue Cross of India may assign this obligations under this T&C, in whole or in part, and the User consents to any such assignment. The users are prohibited from assigning their rights and obligations under this T&C, in whole or in part, by operation of law or otherwise, without the prior express written consent of Blue Cross of India and any attempted assignment of any rights under this T&C without Blue Cross of India’s consent will be null and void.
ii. Invalidity. If any provision of the T&C is held invalid by any applicable law or by any court or arbitrator, that provision will be enforced to the maximum extent permissible to effect the intent of the Parties, and that invalidity will not affect the enforceability of any other provisions.
iii. Relationship of Parties. This T&C is not intended to create a partnership, franchise, joint venture, agency or employment relationship. Neither Party may bind the other Party or act in a manner which expresses or implies a relationship other than that of a nature described in this T&C.
iv. Waiver. Any express waiver or failure to exercise promptly any right under this T&C will not create a continuing waiver or any expectation of non-enforcement. To be enforceable, a waiver must be in writing and signed by an authorized representative of the waiving Party.
v. Interpretation. This T&C may not be modified, supplemented, qualified or interpreted by any trade usage or prior course of dealings between the Parties not expressly made a part of this Agreement. This T&C is in the English language only, which will be controlling in all respects. Any versions of this T&C in any other language will be for accommodation only and will not be binding upon either Party.
vi. Governing Law and Dispute Resolution. All disputes arising out of or related to this T&C will be governed by the laws of the Republic of India. The courts in Chennai, India shall have exclusive jurisdiction with respect to matters arising out of this T&C, subject to Clause vi(a).
(a) The Parties shall attempt to amicably settle any differences that may arise in the interpretation of any of the clauses under this T&C. If any which cannot be amicably settled by the Parties within sixty (60) days of its first notice, such dispute shall be referred to arbitration by a sole arbitrator appointed by Blue Cross of India in accordance with the [Indian] Arbitration and Conciliation Act, 1996.
vii. Entire Agreement. This T&C, constitutes the Parties' entire agreement relating to the subject matter hereof. The acceptance of this T&C cancels and supersedes all prior and contemporaneous oral and written communications between the Parties and prevails over any conflicting or additional terms contained in any document or communication between the Parties relating to the subject matter of this T&C. No contrary or additional pre-printed terms contained in any form quote, acknowledgment, or other correspondence or writing by either Party will in any way modify or alter the terms of this T&C unless such terms are set forth in writing (with reference to this T&C).
viii. Force Majeure. Neither Party shall be responsible for delays or failures in performance resulting from acts reasonably beyond the control of that Party.