TATA Capital Limited

This is a contract with TATA MotorFinance, whose registered office is at 9th Floor, A & B Wing, Fulcrum Building, Sahar Road, Andheri(East),Mumbai 400099 (hereinafter referred to as "TMF") . Please carefully read the following terms before accessing this training site or using a course available therein (hereinafter referred to as “Site”). By accessing the Site (which includes, visiting, registering, purchasing or accessing a course) you accept and agree to all of the covenants and conditions imposed herein (henceforth referred to as “Terms”). If you do not agree to these Terms, you may not access the Site.

By using this service, you agree that you have read, understand and agree to these Terms. You also agree to review this agreement periodically to be aware of modifications to the agreement, which modifications goodelearning.com may make at any time. Your continued use of this Site will be deemed your conclusive acceptance of any modified agreement.

1. General

1.1 TMF reserves the right to change the content used at any time.
1.2 Trainees who fail to complete the e-learning course in the time available will not be eligible for a refund.
1.3 Learner will receive an electronic notification through SMS/registered email.
1.4 All rights not expressly granted herein are reserved.
1.5 These Terms shall be governed by and construed in accordance with the laws of India.
1.6 If you do not agree with these Terms you must cease the course immediately and notify TMF of your intent not to continue

2. E-Learning Materials

2.1 The training material is property of TMF.
2.2 This training material has been prepared, maintained, updated and distributed by TMF.
2.3 The use of the training material on our courses is restricted to the registered user who has been supplied with the log in details by TMF as part of an authorised course.
2.4 The Registered User shall not copy, share, modify, transmit, distribute, or in any way, exploit the copyrighted materials provided by TMF other than for their own individual training. Use for any other purpose is expressly prohibited by TMF and any violators will be prosecuted.
2.5 The Registered User shall not permit anyone else to copy, use, modify, transmit, distribute, or in any way, exploit the copyrighted materials.
2.6 The materials made available by TMF are provided "as-is" without warranties of any kind, either expressed, or implied, including, but not limited to, all implied warranties of merchantability, fitness for a particular purpose, title or non-infringement.
2.7 TMF does not warrant that the materials will be error free including technical inaccuracies, nor free of viruses, or other harmful matter. The entire cost of any necessary service, repair, or correction, is the Registered User's responsibility.
2.8 TMF may make improvements, or changes, to this material at any time without prior notification.
2.9 Any unauthorised use of training material is prohibited.
2.10 All rights not expressly granted herein are reserved.
2.11 If you do not agree with these Terms you must cease to use this e-learning immediately.

3. Training Certificate

3.1 TMF will only issue certificate for POSP who has satisfactorily completed a training course if the trainee has provided the required personal information and completed training hours.
3.2 Without exception, TMF will provide certificate for course once all necessary documents are received.
3.3 The training will be of 15 hours.
3.4 Exams are owned by TMF and thus one must adhere to TMF Terms and conditions for examination.

4. Access to the Courses

4.1 TMF strives to provide the course content to its registered users. To that end, TMF does not take any responsibility to provide uninterrupted access of the courses to its registered users. However, from time to time, user may be unable to access the courses due to conditions beyond TMF's control. Such conditions include, but are not limited to: force majeure, acts of God, power outages, and the acts of computer hackers and others acting outside the law. Also, from time to time, access may be unavailable due to software issues, server downtime, increased Internet traffic or downtime, programming errors, regular maintenance of the system, and other related reasons. In response to any unavailability of the courses to its users, TMF will not take any commercial responsibility to ensure access is restored within any period of time. The term "commercial responsibility," as used in these Terms, shall mean any remuneration to restore the access of the training course or expenditure made by user by him/herself of time, resources, personnel or money.
4.2 TMF endeavors to provide the highest quality content to its users. To that end, TMF reserves the right, in its sole discretion, to change, modify, or discontinue any aspect or feature of this Site in whole or in part, including, without limitation, the content, availability, access and/or the Terms of this site. Such changes, modifications, additions or deletions will be effective immediately upon notice thereof, which notice may be made by posting such changes on this Site.
4.3 Users are solely responsible for ensuring that they have sufficient and compatible hardware, software, telecommunications equipment and Internet service necessary for use of the Site.

5. Third Party Content; Hyperlinks

5.1 TMF makes no warranty, either expressed or implied, of the accuracy, merchantability, fitness for a particular purpose, or non-infringement of the information provided by third parties. This includes, but is not limited to, any information found on a link located on this Site that allows users to access information found on another site. Additionally, TMF does not warrant the existence or functionality of any website which can be accessed through a link located on training material.

6. Copyrights, Trademarks and Other Proprietary Rights

6.1 TMF shall retain all worldwide rights in the intellectual property in and on the Site, including, but not limited to, trademarks, service marks, trade dress, inventions, ideas, trade secrets, the source code, the HTML code, the "look and feel" of the Site, its colour combinations, layout, and all other graphical elements, and the copyrights in and to its original content. You should assume that everything you read or see on the Site is copyrighted, trademarked, or otherwise protected and owned or licensed by TMF.
6.2 Except as expressly stated on the Site or in these Terms, nothing that you read or see on the Site or in the courses may be copied, reproduced, modified, distributed, transmitted, republished, displayed or performed for commercial use without the prior written consent of TMF, except as provided in these Terms. Nothing in these Terms grants you an express or implied license to use any of TMF intellectual property.

7. Disclaimers and Limitation of Liability

7.1 Users access this Site at his/her/its own risk. The Site is provided on an "as is, as available" basis without warranty of any kind, expressed, implied or statutory, and any and all warranties of merchantability, fitness for a particular purpose or non-infringement of third parties' rights are specifically disclaimed. TMF does not warrant any particular result from use of the software or Site. TMF does not warrant that the information on the Site is accurate, complete or complies with any particular law or regulation, or that the operation of and your access to the Site will be uninterrupted, error-free, virus-free or completely secure.
7.2 Under no circumstances and under no legal theory (tort, contract or otherwise) shall TMF or any of its affiliates, agents, employees, shareholders, directors, officers, third party content providers, successors or assigns be liable to you or any other person or entity for any indirect, special, incidental, punitive or consequential damages of any character, including without limitation, damages for loss of goodwill, work stoppage, computer failure or malfunction, loss of data, loss of productivity or contract, or any and all other commercial damages or losses.
7.3 Your use of this Site is at your sole risk and any content that you download is downloaded at your own discretion and risk, and you are solely responsible for any damage to your computer system in excess of the amount TMF received from registered users for a course, and for any loss of data that results from the downloading of any such content, including any damages resulting from computer viruses.
7.4 In no event will TMF be liable for any damages for the users while access to a course, even if TMF have been informed of the possibility of such damages, or for any claim by any other party.
7.5 In no event will warranties provided by law, if any, apply unless they are required to apply by statute notwithstanding their exclusion by contract.
7.6 This disclaimer is applicable to any damage or injury resulting from the negligence or an omission of TMF, computer virus or other similar item, telecommunications errors, or unauthorized access to or use of user information through theft or any other means. TMF is not liable for criminal, tortious, or negligent actions or omissions of third parties that affect this site.

This is a contract with TATA MotorFinance, whose registered office is at CORPORATE CENTRE PREMISES CSL, 202, 2ND FLOOR, ANDHERI KURLA ROAD, ANDHERI (EAST)- 400059, MUMBAI, MAHARASHTRA. (hereinafter referred to as "TMF") . Please carefully read the following terms before accessing this training site or using a course available therein (hereinafter referred to as “Site”). By accessing the Site (which includes, visiting, registering, purchasing or accessing a course) you accept and agree to all of the covenants and conditions imposed herein (henceforth referred to as “Terms”). If you do not agree to these Terms, you may not access the Site.

By using this service, you agree that you have read, understand and agree to these Terms. You also agree to review this agreement periodically to be aware of modifications to the agreement, which modifications goodelearning.com may make at any time. Your continued use of this Site will be deemed your conclusive acceptance of any modified agreement.

1. General

1.1 TMF reserves the right to change the content used at any time.
1.2 Trainees who fail to complete the e-learning course in the time available will not be eligible for a refund.
1.3 Learner will receive an electronic notification through SMS/registered email.
1.4 All rights not expressly granted herein are reserved.
1.5 These Terms shall be governed by and construed in accordance with the laws of India.
1.6 If you do not agree with these Terms you must cease the course immediately and notify TMF of your intent not to continue

2. E-Learning Materials

2.1 The training material is property of TMF.
2.2 This training material has been prepared, maintained, updated and distributed by TMF.
2.3 The use of the training material on our courses is restricted to the registered user who has been supplied with the log in details by TMF as part of an authorised course.
2.4 The Registered User shall not copy, share, modify, transmit, distribute, or in any way, exploit the copyrighted materials provided by TMF other than for their own individual training. Use for any other purpose is expressly prohibited by TMF and any violators will be prosecuted.
2.5 The Registered User shall not permit anyone else to copy, use, modify, transmit, distribute, or in any way, exploit the copyrighted materials.
2.6 The materials made available by TMF are provided "as-is" without warranties of any kind, either expressed, or implied, including, but not limited to, all implied warranties of merchantability, fitness for a particular purpose, title or non-infringement.
2.7 TMF does not warrant that the materials will be error free including technical inaccuracies, nor free of viruses, or other harmful matter. The entire cost of any necessary service, repair, or correction, is the Registered User's responsibility.
2.8 TMF may make improvements, or changes, to this material at any time without prior notification.
2.9 Any unauthorised use of training material is prohibited.
2.10 All rights not expressly granted herein are reserved.
2.11 If you do not agree with these Terms you must cease to use this e-learning immediately.

3. Training Certificate

3.1 TMF will only issue certificate for POSP who has satisfactorily completed a training course if the trainee has provided the required personal information and completed training hours.
3.2 Without exception, TMF will provide certificate for course once all necessary documents are received.
3.3 The training will be of 15 hours.
3.4 Exams are owned by TMF and thus one must adhere to TMF Terms and conditions for examination.

4. Access to the Courses

4.1 TMF strives to provide the course content to its registered users. To that end, TMF does not take any responsibility to provide uninterrupted access of the courses to its registered users. However, from time to time, user may be unable to access the courses due to conditions beyond TMF's control. Such conditions include, but are not limited to: force majeure, acts of God, power outages, and the acts of computer hackers and others acting outside the law. Also, from time to time, access may be unavailable due to software issues, server downtime, increased Internet traffic or downtime, programming errors, regular maintenance of the system, and other related reasons. In response to any unavailability of the courses to its users, TMF will not take any commercial responsibility to ensure access is restored within any period of time. The term "commercial responsibility," as used in these Terms, shall mean any remuneration to restore the access of the training course or expenditure made by user by him/herself of time, resources, personnel or money.
4.2 TMF endeavors to provide the highest quality content to its users. To that end, TMF reserves the right, in its sole discretion, to change, modify, or discontinue any aspect or feature of this Site in whole or in part, including, without limitation, the content, availability, access and/or the Terms of this site. Such changes, modifications, additions or deletions will be effective immediately upon notice thereof, which notice may be made by posting such changes on this Site.
4.3 Users are solely responsible for ensuring that they have sufficient and compatible hardware, software, telecommunications equipment and Internet service necessary for use of the Site.

5. Third Party Content; Hyperlinks

5.1 TMF makes no warranty, either expressed or implied, of the accuracy, merchantability, fitness for a particular purpose, or non-infringement of the information provided by third parties. This includes, but is not limited to, any information found on a link located on this Site that allows users to access information found on another site. Additionally, TMF does not warrant the existence or functionality of any website which can be accessed through a link located on training material.

6. Copyrights, Trademarks and Other Proprietary Rights

6.1 TMF shall retain all worldwide rights in the intellectual property in and on the Site, including, but not limited to, trademarks, service marks, trade dress, inventions, ideas, trade secrets, the source code, the HTML code, the "look and feel" of the Site, its colour combinations, layout, and all other graphical elements, and the copyrights in and to its original content. You should assume that everything you read or see on the Site is copyrighted, trademarked, or otherwise protected and owned or licensed by TMF.
6.2 Except as expressly stated on the Site or in these Terms, nothing that you read or see on the Site or in the courses may be copied, reproduced, modified, distributed, transmitted, republished, displayed or performed for commercial use without the prior written consent of TMF, except as provided in these Terms. Nothing in these Terms grants you an express or implied license to use any of TMF intellectual property.

7. Disclaimers and Limitation of Liability

7.1 Users access this Site at his/her/its own risk. The Site is provided on an "as is, as available" basis without warranty of any kind, expressed, implied or statutory, and any and all warranties of merchantability, fitness for a particular purpose or non-infringement of third parties' rights are specifically disclaimed. TMF does not warrant any particular result from use of the software or Site. TMF does not warrant that the information on the Site is accurate, complete or complies with any particular law or regulation, or that the operation of and your access to the Site will be uninterrupted, error-free, virus-free or completely secure.
7.2 Under no circumstances and under no legal theory (tort, contract or otherwise) shall TMF or any of its affiliates, agents, employees, shareholders, directors, officers, third party content providers, successors or assigns be liable to you or any other person or entity for any indirect, special, incidental, punitive or consequential damages of any character, including without limitation, damages for loss of goodwill, work stoppage, computer failure or malfunction, loss of data, loss of productivity or contract, or any and all other commercial damages or losses.
7.3 Your use of this Site is at your sole risk and any content that you download is downloaded at your own discretion and risk, and you are solely responsible for any damage to your computer system in excess of the amount TMF received from registered users for a course, and for any loss of data that results from the downloading of any such content, including any damages resulting from computer viruses.
7.4 In no event will TMF be liable for any damages for the users while access to a course, even if TMF have been informed of the possibility of such damages, or for any claim by any other party.
7.5 In no event will warranties provided by law, if any, apply unless they are required to apply by statute notwithstanding their exclusion by contract.
7.6 This disclaimer is applicable to any damage or injury resulting from the negligence or an omission of TMF, computer virus or other similar item, telecommunications errors, or unauthorized access to or use of user information through theft or any other means. TMF is not liable for criminal, tortious, or negligent actions or omissions of third parties that affect this site.

Congratulations on your successful training and assessment conducted by TATA MotorFinance. Before you download the completion certificate, you must read and accept all the below mentioned terms and conditions (T&C). We strongly recommend you to read this T&C. Validity of your POSP Certificate is effective only upon your acceptance of this T&C. If you do not agree to be bound by this T&C, you may not download the POSP certificate and stop using this assessment site immediately. We at TATA MotorFinance CO LTD Limited reserve the right, at any time, at our sole discretion, to change or otherwise modify the T&C, without prior notice, and your continued access or use of this site signifies your acceptance of the updated or modified T&C.

All the details and information provided during online registration form by me as a registered POSP is true and correct to best of my knowledge, and TATA MotorFinance CO LTD reserves the right to terminate me, without any notice or explanation as Point of Sale Person (POSP), if any of these details and/or information as provided by me found to be incorrect at any point of time.
I have successfully completed the training and all the assessments of POSP conducted by TATA MotorFinance CO LTD Limited by myself, and I have gained required knowledge and understanding of the subject to sell POSP insurance products through TATA MotorFinance CO LTD.
I hereby, -agree to do the following (the DO’S) :-
- 3.1 Conduct my dealing with customers with utmost good faith, integrity, care and diligence at all times.
- 3.2 Ensure that the customers understand the type of services we are offering and to assure that the proposed policy is suitable to the requirement of the prospective customer.
- 3.3 Solicit and sell only those line of products which are approved by Insurance Regulatory and Development Authority of India (IRDAI) and are authorized to sell under POS or other applicable IRDAI guidelines.
- 3.4 Solicit and sell only those products which are authorized to me by TATA MotorFinance CO LTD Limited under its insurance programme as may be informed in writing from time to time.
- 3.5 Sell only those products which are available on TATA MotorFinance CO LTD Limited’s online portal, access of which shall be shared by Airtel Payment Bank Limited with you.
- 3.6 Obtain written consent from the customer to represent the customer to the insurer.
- 3.7 Explain why a policy or policies are proposed and provide a product comparison in terms of price, cover or service where there is a choice of products and solicit products which are pre-underwritten as approved by IRDAI.
- 3.8 Explain to the customer when and how the premium is payable and how much premium is to be collected.
- 3.9 Inform the customer in writing of the insurance premium and any applicable fees or charges separately and the purpose of any related services.
- 3.10 Inform the customer about the acceptance or rejection of the proposal by the insurer.
- 3.11 Keep the information received from the customer confidential and to take necessary steps to maintain security of the confidential documents in their possession.
- 3.12 Render necessary assistance to the customer, policyholder,claimants or beneficiaries in complying with the requirements for settlement of valid claim by the insurer.
- 3.13 Abide by all the applicable laws and regulations and rules and procedures of the insurer or intermediary.
I hereby agree to not do the following (the DONT’S):
- 4.1 Sell products which are not approved under POS guidelines.
- 4.2 Solicit or procure insurance business without holding a valid certificate.
- 4.3 Induce the customer to omit any material information or submit wrong information in the proposal form.
- 4.4 Offer different rates, advantages, terms and conditions other than those offered by insurer.
- 4.5 Employ agents or canvassers to bring in business.
- 4.6 Indulge in any sort of money laundering activities.
- 4.7 Indulge in sourcing of business by myself or through call centers by way of misleading calls or spurious calls.
- 4.8 Give any statement or any information in advertisements or in media that are misleading or extravagant, and the advertisements are so framed as to prevent the abuse of the trust of customers or exploit their lack of experience or knowledge.
- 4.9 Behave in discourteous or ill-manner with the customer.
- 4.10 Demand or receive any share or proceed from the beneficiary, customer or related persons under an insurance contract.
- 4.11 Withhold any documentation from customers without their consent.
- 4.12 Receive any premium amount from the customer in cash.
- 4.13 Sell any product offline i.e. not through the portal of TATA MotorFinance CO LTD Limited
- 4.14 Hold any other license as issued by IRDAI for the purpose of soliciting or servicing of insurance products.
- 4.15 Adhere to and comply with any additional code, procedures, rules as may be prescribed from time to time by IRDAI or TATA MotorFinance CO LTD.
I hereby agree to perform my duties/obligations as POSP, as under:-
- 5.1 Solicit business exclusively for TATA MotorFinance CO LTD and not for other insurance companies or insurance intermediaries
- 5.2 Abide by Code of Conduct as mentioned in foregoing paras
- 5.3 Comply with IRDAI regulations, guidelines, circulars as may be notified from time to time.
- 5.4 Not to assign or sub-delegate the duties as described herein to any other person to be performed on its behalf.
- 5.5 Shall intimate TATA MotorFinance CO LTD Limited in case of any conflict or dispute that arises due to the actions of POSP.
- 5.6 Exercise reasonable skill, care and diligence while performing my duties
- 5.7 Take equitable care in providing the requisite services within the given timelines as Airtel Payment Bank shall agree that time is the essence of this agreement.
Remuneration / Fees:
- 6.1 The fees payable to me as POSP shall be mutually agreed between me and TATA MotorFinance CO LTD from time to time.
Term and Termination:
- 7.1 TATA MotorFinance CO LTD Limited may terminate this engagement with POSP by giving notice in writing atleast 30 days in advance.
Confidentiality and Non-Disclosure
- 8.1 I, being a POSP of Airtel Payment Bank Limited shall have access to information of the company, its employees, its clients and other information which is confidential to Airtel Payment Bank Limited. I as a POSP undertakes to protect such information in strict confidence and adhere to data protection policy of TATA MotorFinance CO LTD Limited while dealing in such information.
- 8.2 I as a POSP shall not during the subsistence of this engagement or at any time thereafter post expiry ortermination of this engagement, reveal, disclose, publish, or use, the Confidential Information in any manner or to any third Party, person, company, for its own or others benefit or Consultant.
- 8.3 Any breach of this clause shall entitle TATA MotorFinance CO LTD Limited to recover the losses caused due to breach of confidentiality from me in my tenure of association as POSP or 1 year thereafter and as POSP I shall be liable to make good such losses.
Indemnities
- 9.1 I, POSP agrees to indemnify and hold TATA MotorFinance CO LTD Limited harmless in respect of all claims, damages or losses that may be sustained by it on account of services rendered by POSP as per the engagement.
Governing Law
- 10.1 In case of any dispute that arise during the course or after the completion of the engagement shall be referred to the Chief Executive Officer of the TATA MotorFinance CO LTD Limited and the decision shall be binding on both the parties.
- 10.2 The terms and provisions herein contained be governed by, interpreted and construed in accordance with the laws of India. The courts of New-Delhi shall have jurisdiction in respect of any such disputes or claims.

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