Welcome to the Bimaakawach platform! We, Lords Mark Insurance Broking Services Pvt.Ltd., are pleased to provide access to our services through www.bimaakawach.com and its mobile applications (referred to as the "Platform"). Our aim is to offer you access to various insurance products from different insurance companies, along with related services and offerings available on the Platform. Please note that Bimaakawach is not an insurance company but a licensed Insurance Broking Company, holding a Broking license from the Insurance Regulatory and Development Authority of India.
These Terms of Use constitute an electronic contract formed under the Information Technology Act, 2000 and its rules, as well as amended provisions concerning electronic documents/records in various statutes as amended by the Information Technology Act, 2000. Please be aware that these Terms of Use do not require any physical, electronic, or digital signature.
- Governing Document: 1.1 The Platform is owned by Lords Mark Insurance Broking Services Pvt.Ltd., a company incorporated under the Companies Act, 2013, with its registered office located at Bimaakawach, B 101 Riddhi Siddhi Complex M.G Road Borivali East Mumbai Mumbai City MH 400066 IN These Terms of Use, available on the Platform, govern the terms under which Bimaakawach offers access to the Platform and its Services to guest users or registered users (referred to as "You" or "Your" or "Yourself" or "User"). By using the Platform, you enter into a binding agreement with Bimaakawach, subject to these terms and conditions, including the applicable policies.
1.2 We reserve the right, at our sole discretion, to change, modify, add, or remove portions of these Terms of Use without any prior written notice. It is your responsibility to review these Terms of Use periodically for any updates or changes. Your continued use of the Platform following the posting of changes will indicate your acceptance and agreement to the revised terms. As long as you comply with these Terms of Use, we grant you a personal, non-exclusive, non-transferable, limited privilege to use the Platform.
- Acknowledgment and Acceptance: 2.1 Entire Agreement: These Terms of Use, together with the listed documents/policies (including but not limited to Privacy Policy, Grievance Redressal, Fraud Detection, Shipping Policy, Cancellation and Refund, Disclaimer, and Fraud Identification), constitute the entire agreement ("Agreement") between Bimaakawach and You. Any additional terms applicable, including terms imposed by mobile application stores like Apple's iTunes or Android, are deemed to be incorporated under these Terms of Use by reference.
2.2 Your usage of the Platform is strictly governed by the terms and conditions of this Agreement. Please read these Terms of Use carefully before using or registering on the Platform, accessing any material, information, or services, or posting any advertisement/information on the Platform. If you do not agree with these Terms of Use, please refrain from using the Platform.
- Eligibility: 3.1 The Services available on the Platform are intended for use only by individuals who are of legal age (18 years or older) and can legally form a contract under the Indian Contract Act, 1872, or any other applicable laws.
3.2 Individuals who are legally incompetent to enter into a valid contract, for any reason whatsoever (e.g., minors, lunatics, insane, undischarged insolvents), are not eligible to use our Platform or avail themselves of our Services. If you are under 18 years of age or otherwise incapable of forming a legally binding contract, you must use the Platform, application, or Services under the supervision of your parent, legal guardian, or a responsible adult.
3.3 Bimaakawach reserves the right, without assigning any reason, to restrict or limit your access to the Platform, and may terminate your access and deny the Services if you breach any of the terms and conditions of this Agreement or any other applicable law.
- Important: 4.1 By accessing, browsing, and using this Platform or availing our Services, you agree that you understand the limited and restricted use of the Platform and that your usage is entirely at your own discretion and responsibility.
4.2 Bimaakawach reserves the right to modify, suspend, cancel, or discontinue any or all sections or Services on the Platform at any time without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Platform.
4.3 You release and indemnify Bimaakawach and its officers and representatives from any costs, damages, liabilities, or consequences arising from the actions of users of the Platform and waive any claims in this regard under any applicable law. When you communicate with Bimaakawach through the Platform or any other electronic means, you consent to receive communications electronically as and when required.
- Services: 5.1 The Platform provides users with access to information about insurance products and services, including general insurance, health insurance, life insurance products, and related services. All information available on the Platform is intended to assist users interested in Bimaakawach's services and exploring options before making transactions.
5.2 Any user availing of our Services through the Platform does so at their own risk and responsibility. Bimaakawach does not make recommendations or provide warranties, guarantees, or assurances regarding the quality or functionality of any product or service.
5.3 Details available on the Platform are for informational purposes only.
5.4 When you avail of our Services through the Platform, you are solely responsible for completing the necessary documentation as per applicable laws, and Bimaakawach shall not be liable for any consequences resulting from incomplete or improper documentation.
5.5 By using the Platform, you grant Bimaakawach unconditional consent to use your vehicle registration number or other vehicle details to retrieve information related to your motor vehicle from government or third-party websites and applications for facilitating transactions on the Platform.
5.6 Bimaakawach is not obliged to provide additional services, and we reserve the right to add, remove, or suspend any services or products listed on the Platform without notice or liability.
Please note that using false information to test the Platform is illegal and may lead to prosecution. We advise you to refrain from such activities.
By using our Services, you agree to the terms and conditions outlined above. If you have any questions or concerns, please feel free to contact us.
6: Your Account and Login Options
6.1 Access to the Platform or its available information and materials is possible as a guest user without registration. Some features and information are accessible to all users (Guest Users) who do not need to create an account. However, to access certain additional features, you may need to register and provide certain details such as your name, contact information, and email address (Your Information).
6.2 Upon registering on the Platform using OTP authentication with your mobile number, Bimaakawach will create a unique account for you (Your Account). If you comply with the account creation guidelines and applicable laws, Bimaakawach recognizes you as a registered user (Registered User), allowing you to log in to Your Account and use the Services.
6.3 As a Registered User, you are responsible for maintaining the confidentiality of Your Account details and must not disclose them to anyone else. Any activity carried out under Your Account is your responsibility.
6.4 When providing Your Information during registration, you agree not to provide false, inaccurate, incomplete, or outdated information, nor use the details of another person or user's account. Bimaakawach reserves the right to suspend or delete Your Account or limit/deny access to the Platform or Services if Your Information is found to be false, inaccurate, incomplete, outdated, or associated with another user's account.
6.5 The collection, storage, sharing, or disclosure of Your Information, whether as a guest user or Registered User, is governed by Bimaakawach's Privacy Policy, which is incorporated by reference.
6.6 You understand and agree that Bimaakawach will not be liable for any losses resulting from unauthorized use of your Account or Account information in connection with the Platform or any Services, with or without your knowledge.
Section 7: User Content
7.1 As the originator of any information or material uploaded to the Platform ("User Content"), you are solely responsible for the content you share. While Bimaakawach does not pre-screen User Content, it has the right (but not the obligation) to accept, refuse, move, or remove any User Content available on the Platform.
7.2 If User Content violates any third-party rights or contravenes any applicable law, Bimaakawach may, at its sole discretion and without notice, remove or disable access to the User Content.
7.3 By sharing User Content, you grant Bimaakawach a perpetual, non-revocable, worldwide, royalty-free, and sublicensable right and license to use, copy, distribute, display, publish, transmit, make available, reproduce, and modify the User Content to create derivative works.
7.4 Any feedback or comments (including User Content) shared on the Platform is considered non-confidential, and Bimaakawach may use such feedback or User Content without any obligation of confidentiality. You represent that your feedback does not contain confidential or proprietary information and that Bimaakawach is not obligated to provide compensation or reimbursement for the feedback.
Section 8: User's Obligations
8.1 By accessing and using the Platform and Services, you agree to comply with all applicable laws, rules, and terms and conditions of this Agreement.
8.2 Your use of the Platform shall adhere to the following principles:
- You must access the Platform only through Bimaakawach's provided interface.
- You shall not upload or share User Content that belongs to another person without their rights, or contains harmful, defamatory, obscene, or unlawful content, or violates any applicable laws or regulations
- You shall not engage in activities that disrupt or interfere with the Platform or Services or attempt unauthorized access to other users' accounts or Bimaakawach's systems.
- You shall not misuse or exploit the Platform, its features, or any information made available on or through it.
- You shall not make negative or defamatory statements about Bimaakawach or engage in conduct that damages Bimaakawach's reputation.
Section 9: Audit and Information Sharing
9.1 Bimaakawach reserves the right to audit the Content, User Content, and other materials posted/uploaded by users. If Bimaakawach finds any content in violation of the law or the terms of this Agreement, it may remove or block such content without notice.
9.2 Bimaakawach may share information related to any violation or misuse with government agencies for verification or investigation purposes
Intellectual Property Rights:
13.1 The Platform itself and all its Content and other works are copyrighted by Bimaakawach or its licensors. Any unauthorized alteration of the Platform or its material, or commercial use of the content, is a violation of Bimaakawach's copyright.
13.2 The Platform may also include trademarks, logos, or service marks ("Marks"), which belong to Bimaakawach or third parties. You are not allowed to use these Marks without obtaining written permission from Bimaakawach or the respective third party.
13.3 By using the Platform or availing any product or service through it, you acknowledge that no rights (express or implied) are granted to you regarding the content. Bimaakawach reserves the right to change or modify the content at its sole discretion.
13.4 You agree not to copy, reproduce, republish, upload, post, transmit, or distribute the content available on the Platform without prior permission from Bimaakawach or its licensors. Bimaakawach disclaims any responsibility and liability for damages caused by downloading any data.
13.5 Any use of the Platform, Content, Marks, or other intellectual property rights of Bimaakawach in violation of this Agreement or applicable law may result in infringement, and Bimaakawach or third parties may take legal action against the User.
13.6 Unless expressly stated otherwise, Bimaakawach owns all intellectual property rights, including trademarks like "bimaakawach," related rights, patents, designs, trade secrets, and more, associated with the Platform.
13.7 All rights not expressly granted to the User are exclusively reserved by Bimaakawach.
- Indemnification:
14.1 You agree to indemnify, defend, and hold harmless Bimaakawach and its directors, officers, employees, and contractors from any losses, liabilities, claims, suits, penalties, damages, costs, and expenses arising from (i) your breach of the Agreement(s), (ii) claims by third parties related to your use of the Platform, (iii) claims that your User Content caused damage to a third party, or (iv) your violation of another party's rights, including intellectual property rights.
14.2 Bimaakawach may notify you of any claims for which you are liable to indemnify Bimaakawach and consult with you on the defense of such claims. You cannot compromise or settle any claim without Bimaakawach's express prior written consent.
- Disclaimer of Warranty and Liability:
15.1 All Content and information on the Platform or any product/services are provided "AS IS" and without warranty of any kind, express, implied, statutory, or otherwise, including implied warranties of title, non-infringement, merchantability, or fitness for a particular purpose.
15.2 When you access the Platform or use any product or service, you do so at your own risk. Bimaakawach disclaims any warranty that the Platform or services will meet your requirements, be uninterrupted, timely, secure, or error-free, and that the results obtained from using them will be effective, accurate, or reliable. Bimaakawach also disclaims liability for any misuse, loss, modification, or unavailability of User Content.
15.3 Bimaakawach and its officers, directors, and employees shall not be liable for any special, incidental, indirect, consequential, exemplary, or punitive damages arising from your use of the Platform, services, or Content.
15.4 If you download the Platform from third-party service providers, Bimaakawach and the third-party service provider shall not be liable for any errors or failures in the Platform's functioning.
15.5 Bimaakawach's total and aggregate liability to you under these Terms of Use or otherwise shall not exceed the greater of INR 100 or the amount of fees paid by you to Bimaakawach under the relevant order.
- Governing Law and Jurisdiction:
This Agreement shall be governed and construed in accordance with the laws of India. Any disputes between You and Bimaakawach under this Agreement shall be subject to the exclusive jurisdiction of courts at Jaipur, Rajasthan, India.
- Force Majeure:
Bimaakawach shall not be liable for any failure or delay in performing its obligations under this Agreement if such failure or delay is a result of a Force Majeure Event beyond Bimaakawach's reasonable control.
- Miscellaneous:
18.1 Notices shall be given by postal mail/email.
18.2 Assignment: You cannot assign the Agreements, or any rights granted hereunder without Bimaakawach's consent. Bimaakawach may freely assign its rights and obligations to third parties.
18.3 Severability: If any clause of this Agreement is deemed invalid or unenforceable, it shall not affect the validity of the remaining clauses.
18.4 Waiver: Any failure or delay in enforcing any provision of the Agreement shall not constitute a waiver of that provision.
18.5 Independent Contractor: You and Bimaakawach are independent contractors, and nothing in these Terms of Use creates a partnership, joint venture, or employment relationship.
18.6 Contacting You: By using the Platform, you consent to receiving communication from Bimaakawach and its partners.
18.7 Survival: Rights and obligations under this Agreement that should survive termination will remain in force.