Terms of Service
"DJT Financial Services Pvt Ltd"
Bimakaro provides its services to you subject to the following conditions. Please read these carefully before using this website and if you have any questions or issues, please get in touch by contacting us. By proceeding with access to this website you are deemed to have accepted both the Website Terms and our Privacy Policy which is supplemental to our policy Terms.
1. Information Services
Bimakaro provides the information in this Website about various insurance products (including but not limited to renewals) available in the Insurance Markets for the benefit of the user. By making use of this site, and furnishing your personal and contact details, you hereby agree that you are interested in availing and purchasing the services that you have selected. The availability of the information and guidance as part of the website does not constitute a recommendation by the Bimakaro, to buy any policy. Any decisions to buy a policy will be based solely on the user’s own evaluation of the polies/products and his/her need for the same. You hereby agree that Bimakaro may contact you either electronically or through phone, to understand your interest in the selected products and services. We assist you in completing your proposal (including forms, documents and medical tests, if any) and on verification of the same.
2. Limitations to Service
Bimakaro website contains statements regarding the terms of insurance policies, including details of the benefits available and items not covered by such policies. Some of these statements are generalized in an attempt to give you a summary of the insurance policies available through Bimakaro.in. However, not all insurance policies are the same and you should confirm the exact terms of any insurance policy that you intend to purchase prior to purchasing that insurance policy. The product information supplied on the website is available only to Indian citizens. Except as otherwise expressly permitted in writing by us, no materials from this website or any website owned, operated, licensed or controlled by us may be copied, reproduced, republished, uploaded, posted, transmitted, hyperlinked, or distributed in any way. You may download material displayed on this website for your use only and provided you do not remove any copyright and other proprietary notices contained on the materials. You may not distribute, modify, transmit, reuse, repost, link or use the content of this website for public or commercial purposes, including the text, images, audio, and video without our written permission. The rates mentioned on the website may not be final and binding. In some cases, the insurance company may communicate the final rates after submission of the given premium and documentation. Further, the rates mentioned on the website are as provided or verified by insurance companies. The rates are subject to change at any time and we take no responsibility of any losses in such cases. Please note that service tax is payable on insurance premium as per applicable laws and all your quoted premium includes the same. The insurance company reserves the right to recover from the policyholder or proposer, any levies and duties (including service tax), as imposed by the government, either by premium adjustment or other forms, as deemed appropriate. Kindly refer to the proposal for the exact fees and charges.
3. Your Account
In consideration of your use of the Site, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of India or other applicable jurisdiction and will only use the Site to make legitimate purchases for you or for another person for whom you are legally authorized to act that apply to the purchase you have made on their behalf (including all rules and restrictions applicable thereto). You also agree to provide true, accurate, current and complete information about yourself as prompted by the Site. If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Bimakaro has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Bimakaro has the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof). If you use the Site, you are responsible for maintaining the confidentiality of your account and password, and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. Because of this, we strongly recommend that you exit from your account at the end of each session. You agree to notify Bimakaro immediately of any unauthorized use of your account or any other breach of security. Bimakaro reserves the right to refuse service, terminate accounts, or remove or edit content in its sole discretion. Notwithstanding the above, we retain the right at our sole discretion to deny access to anyone to the Site and the Services we offer, at any time and for any reason, including, but not limited to, for violation of the terms and conditions or Privacy Policy. Additional terms and conditions will apply to your purchase of Services that you select. Please read these additional terms and conditions carefully. You agree to abide by the terms and conditions of purchase imposed by any service provider with whom you elect to deal, including, but not limited to, payment of all amounts when due and compliance with the service provider's rules and restrictions regarding use of products, and/or Services. You agree that any violation of any such service provider's rules and restrictions may result in cancellation of your purchase(s), in your being denied access to the applicable service(s), in your forfeiting any monies paid for such Services, and/or in our debiting your account for any costs we incur as a result of such violation.
4. Electronic Communication
By sharing your Contact Information, you have
consented to be contacted by us on the said contact number even if the said contact
information is registered under “National Do Not Call” (NDNC) Registry.
Bimakaro can call, send a SMS text message, Whatsapp, email for payment confirmation
and other message to your mobile number. Once you provide us with the mobile number,
you will receive a message from us such as payment confirmation, bill reminders and
other relevant messages, including information to inform you of new or additional
services offered by us from which you may benefit. Message frequency depends upon
your geographical location that we use to send you message relevant to our services
available in the area.
5. User Generated Content
In these terms and conditions, "your user
content" means material (including but not limited to text, images, audio material,
video material and audio-visual material) that you submit to our website, for that
you submit to our website, for whatever purpose.
Your user content must not be defamatory, vulgar, obscene, offensive, libellous,
slanderous or illegal or unlawful in a ny way and must not infringe any third
party's rights, and must not be capable of giving rise to legal action whether
against you or us or a third party (in each case under any applicable law).
You must not submit any user content to the website that is or has ever been the
subject of any threat or actual legal proceedings or other similar complaint.
We reserve the right to edit or remove any material submitted to our website, or
stored on our servers, or hosted or published upon our website without prior notice
or explanation.
Notwithstanding our rights under these Terms and Conditions in relation to user
content, we do not undertake to monitor the submission of such content to, or the
publication of such content on, our website.
6. Limitation of Liability
Under no circumstances, including but not limited
to negligence, shall the Bimakaro, its employees and directors, its suppliers and
its third party advisors be liable to the User for any direct, indirect, incidental,
special or consequential damages or any damages whatsoever including punitive or
exemplary (including, but not limited to, damages caused by any virus, personal
injury, loss of profits, data or other intangible, business interruption, loss of
privacy, or any other pecuniary loss), arising out of or in any way connected with
the use/delivery/performance of this Web Site, with the delay or inability to use
this Web Site or any links or items on the Web Site, the provision of or failure to
provide services, or for any information, software, products, services and related
graphics obtained through this Web Site, or otherwise arising out of the use of this
Web Site, whether based on contract, tort, strict liability or otherwise, or for
cost of procurement of substitute goods and repair & correction services or
resulting from the use of this Web Site or obtained or messages received or
transactions entered into through or from the Web Site or resulting from
unauthorized access to or alteration of User's transmissions or data, even if the
Bimakaro have been advised of the possibility of such damages.
The User agrees that the Bimakaro shall not be liable for any damages arising from
interruption, suspension or termination of the Web Site, including but not limited
to direct, indirect, incidental, special, consequential or exemplary damages,
whether such interruption, suspension or termination was justified or not, negligent
or intentional, inadvertent or advertent. Applicable law may not allow the
limitation or exclusion of liability or incidental or consequential damages.
However, in no event shall the Bimakaro’s liability to the User for all damages,
losses and causes of action (whether in contract or tort, including but not limited
to, negligence) exceed the amount paid by the User, if any, for accessing the Web
Site.
Bimakaro also assumes no responsibility and shall not be liable for, any damages to
or viruses that may infect, your computer/equipment/handset/any other mode of
accessing this website or other property as a result of your access to, use of,
browsing in the website or your downloading of any materials, data, text, images,
video, or audio from this website. Bimakaro makes no guarantees to you or third
parties that content contained on the website would be virus free.
7. Legal Disclaimer
In the preparation of this Web Site ("Site") and
its content including images, text files etc., Bimakaro has/may have used
information that is publicly available including some information that is developed
in-house.
The information on this Site is provided "AS IS". Bimakaro does not warrant the
accuracy of the materials, contents provided herein, either expressly or implied,
for any particular purpose and expressly disclaims any warranties of merchantability
or fitness for a particular purpose. Bimakaro will not be responsible for any loss
or damage that could result from interception by third parties of any information
made available to you via this Site. Although the information provided to you on
this Site is obtained or compiled from sources, Bimakaro believes to be reliable.
Bimakaro does not guarantee the accuracy, validity, timeliness or completeness of
any information or data made available to you for any particular purpose. Neither
the Bimakaro, nor any of its affiliates, directors, officers or employees, will be
liable or have any responsibility of any kind for any loss or damage that you may
incur and/or suffer in the event of any failure or interruption of this Site, or
resulting from the act or omission of any other party involved in making this Site
or the data contained therein available to you, or from any other cause relating to
your access to, inability to access, or use of the Site or these materials,
contents, whether or not the circumstances giving rise to such cause may have been
within the control of the Bimakaro or of any vendor providing software or service
support. In no event will the Bimakaro be liable to you for any direct, special,
indirect, consequential, incidental damages or any other damages of any kind even if
Bimakaro or any other party have been advised of the possibility thereof.
All Users of this Site should before dealing and/or transacting in any of the
products referred to in this Site make their own investigation, seek appropriate
professional advice.
All transactions that are carried out by and on behalf of the Customer shall be
subject to Government notifications, the rules, regulations and guidelines issued by
the IRDAI, Reserve Bank of India, and any other regulatory bodies defining
rules/regulations governing the offer of any service on the Web Site.
The Web Site is maintained by Bimakaro and the use of the Web Site by the User is
subject to the Terms and Conditions and all applicable Indian laws. his Web Site is
offered to the User on the condition that User accepts the Terms and Conditions
contained herein, without modification or reservation f any of the terms, conditions
and notices contained herein and by accessing and browsing this Website, the User
accepts, without limitation or qualification, the Terms and Conditions and
acknowledges that any other agreement between the User and the Bimakaro are
superseded and of no force or effect.
8. Cancellation and Refund Policy Cancellation of the policy by you:
If you don’t agree to certain terms and
conditions in your policy, you can cancel it any time before the renewal date. To
initiate a cancellation, you need to write an application to thee insurance company
stating the reason for canceling the policy. The insurance company or insurer
referred to here is the company whose policy you have purchased. Depending on when
you have applied for cancellation your request will be processed. The period of
cancellation will be considered as the time when the insurance company receives the
written request.
As per Insurance Regulatory and Development Authority of India (IRDAI) rules and
regulations, a Free-look period is a 15 days period post purchase of policy, in
which the insurance companies give their customers to review the policy and cancel
it, if required. This free-look period is mandated for life insurance and health
insurance policies, subject to certain other terms and conditions specified by
IRDAI. We encourage all our customers to read the insurance policy document
carefully and avail the free look facility in case the terms and conditions of the
insurance policy document does not match your insurance requirements.
If you request a cancellation of your policy within the free-look period, the policy
gets cancelled and entire premium is refunded to you subject to deduction of:
Charges pertaining to medical tests.
Stamp duty cost.
Proportionate risk premium of the period for which you were covered.
Also, please note that the free-look provision is not applicable for renewals.
Cancellation by the insurance company:
The insurance company has the right to cancel your policy if there is fraud, misrepresentation, non-disclosure of important facts or non-cooperation by the insured members. In such cases the insurance company will give a notice period of 30 days and there won’t be a refund of the premium.
Refund of the premium:
In case of a refund due to an erroneous transaction or cancellation, the premium paid for an insurance product will be refunded via cheque or direct credit as per the policy terms and conditions.
9. Force Majeure
The Bimakaro/Service Provider shall not be liable for any failure to perform any of its obligations if the performance is prevented, hindered or delayed by a Force Majeure event such as including but not limited to unavailability of any communication system, sabotage, flood, explosion, civil commotion, strikes or industrial action of any kind, riots, war or acts of government, other cause similar to which is beyond the reasonable control of the Bimakaro/Service Provider.
10. Governing Law and Jurisdiction
Bimakaro accepts no liability whatsoever, direct or indirect for non-compliance with the laws of any country other than that of the India. The mere fact that the website can be accessed by a visitor or customer in a country other than India would not mean that the laws of the said country would govern these Terms. The validity, construction and performance of this Terms and Conditions shall be governed by and interpreted in accordance with the laws of India.
11. Indemnity
User agrees to defend, indemnify
and hold harmless Bimakaro, its employees, directors, officers,
partners and their successors and assigns from and against any and
all claims, liabilities, damages, losses, costs and expenses,
including attorney’s fees, caused by or arising out of claims based
upon:
User’s actions or inactions, including but not limited to any
warranties, representations or undertakings or in relation to the
non-fulfillment of any of its obligations under this Agreement or
arising out of the user’s infringement of any applicable laws,
regulations including but not limited to Insurance Act, IRDA Act and
the rules and regulations framed thereunder, intellectual property
rights of Bimakaro;
Payment of statutory dues and taxes;
Claim of libel, defamation, violation of rights of privacy or
publicity, loss of service by other subscribers;
Your use or someone else’s use of your access to the website;
A claim that any use of the website by you or someone using your
computer infringes any intellectual property right of any third
party, or any right of personality or publicity, is libelous or
defamatory, or otherwise results in injury or damage to any third
party; and/or
Infringement of intellectual property rights or other rights of
Bimakaro.
12. Access Restriction
Bimakaro reserves the right to deny to any user, at the Bimakaro’s sole discretion, access to the website, including any portion thereof, without any prior notice.
13. Severability
If any part of these Terms and Conditions are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms and Conditions shall continue in effect.
14. Access to Password Protected/Secure Areas
Access to and use of password protected and/or secure areas of the Site is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution.
13. Modification of these Terms and Conditions
Bimakaro has the absolute discretion to amend or supplement any of these Terms at any time, without notice. The modifications to the Terms shall be displayed on the Web Site. On and from the date on which the amendment or supplement is notified by display on the Web Site, the User shall, by virtue of these Terms and without any further act, deed or writing on the part of any party, be deemed to have accepted the changed terms and conditions by access or visit to the Web Site.
16.Trademark & Copyright
All trademarks, services marks, trade names, logos, icons and domain names located on this website are the property of Bimakaro. Any logos, trade-marks, service marks and domain names and all related intellectual property rights, of the companies whose sites we search in providing the service, belong to those companies, and you may not reproduce them without their prior written consent. Except for them, all intellectual property rights including, without limitation, all logos, trademarks, service marks, domain names, database rights, rights in design, rights in know-how, patents and rights in inventions (in all cases whether registered or unregistered and including all rights to apply for registration) and all other intellectual or industrial property rights in any jurisdiction in any information, content, materials, data or processes contained in or underlying this website and/or the service we provide belong to Bimakaro. All rights of Bimakaro in such intellectual property rights are hereby reserved
17. Entire Agreement
The User acknowledges that any rights not expressly granted herein are reserved. These Terms and Conditions constitute the entire agreement between Bimakaro and the User with respect to this Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the User and the Bimakaro with respect to this Web Site.
18. General
If any of these conditions are deemed invalid, void, or for any reason unenforceable, the parties agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the unenforceable condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. Headings are for reference purposes only and do not limit the scope or extent of such section. Bimakaro does not guarantee, it will take action against all breaches of this terms and conditions. Except as otherwise expressly provided in this terms and conditions, there shall be no third-party beneficiaries to this terms and conditions. This terms and conditions constitute the entire agreement between you and Bimakaro and governs your use of the Site, superseding any prior agreements between you and Bimakaro with respect to the Site.