BIMAFY.COM - TERMS OF SERVICE

Flair Technologies Limited (“We”, “Us”, “Our”) operates a website under the name “bimafy.com”, (also referred to as the “Site”) which provides an online platform (the “Platform”) to view, compare, apply, purchase, avail, and manage different financial product(s) and/or service(es) as offered by the licensed financial product/service providers (the “Provider” or collectively, as “Providers”) other than Flair Technologies Limited and/or bimafy.com.

Your access to and use of the Service and any communication or technology infrastructure or any part thereof related to the Service are governed by these Terms of Service (“Terms”).

Please read these Terms carefully before using the Service.

The Service

  1. Our Service is designed to enable you to obtain and/or avail different financial product(s) and/or service(es) digitally and/or physically by facilitating the connection between you and a licensed third-party financial product/service provider (a “Provider”, i.e.; licensed insurance companies and their affiliated agents, distributors, and contractors). If you are assigned one or more Providers whilst using our Service, each Provider may be referred to as your “Provider.” A Provider is an independent contractor and is employed by an independent entity and not Flair Technologies Limited. Flair Technologies Limited provides an online platform to connect you with different Providers who shall be available to provide you with certain financial product(s) and/or service(es) along with any other associated services (if any) and shall assume the liability of the provided financial product and/or services. For the purposes of clarification, we do not accept or assume any liability or responsibility at any time in relation to any of the services, products, features, discounts, or benefits that are provided by the Providers.
  2. Additionally, the Service also includes provision of receiving certain financial document(s), instrument(s), and/or certificate(s) as issued by a Provider at your desired address inside Bangladesh depending upon the availability of logistics support as provided by certain independent third-party logistics service provider(s) (the “3PL Provider” or collectively, as “3PL Providers”). The document(s), instrument(s), and/or certificate(s) provided through the Service are intended to delivered to you as it is without making any material alteration to its contents although they may get damaged/lost physically during the time of delivery due to various reasons. Physically damaged/lost document(s), instrument(s), and or certificate(s) can be subject replacement/refund depending upon the particular incident and/or situation where Flair Technologies Limited reserves the right to reject any replacement/refund claim if it is not a valid one or for which Flair Technologies Limited or its affiliates (such as the Provider or 3PL Provider) are not directly responsible (i.e.; natural disasters, war, riot, political unrest etc.). In order to get more details on replacement/refund claims, please read our Refund Policy here.
  3. We may also offer various other services, products, features or benefits as part of the Service (“Additional Services”). Some of such Additional Services may be provided by us whereas some can be provided by third parties other than Flair Technologies Limited. For the purposes of clarification, we do not accept or assume any liability or responsibility at any time in relation to any of the services, products, features, discounts, or benefits that are provided by the third parties (“Third-Party Features”). You shall raise any complaints regarding any Third-Party Features directly with such third parties, without holding us responsible or liable in any manner.
  4. We reserve the right to amend the Service from time to time and shall notify you of any changes in writing by SMS, email or other means of written communication such as by posting on our website.
  5. By subscribing for or by using our Service you acknowledge and accept that we may contact you from time to time in relation to other “bimafy.com” services we may deliver or as offered by the Providers or any other Business Partners of us (including without limitation, any of our benefits, membership status or relevant special offers).

Your Acknowledgment

  1. By accessing or using our Service, you agree to be bound by these Terms and to use our Service in accordance with the terms and conditions herein stipulated. These Terms, together with the Privacy Statement and Refund Policy constitute the entire agreement between you and Flair Technologies Limited regarding our Service. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these Terms. If you do not agree to these Terms, you may not use the Service.
  2. If we need to change these Terms, we will post the revised Terms through our Service and update the “Last Revised” date to reflect the date of the changes either by SMS, email, by posting a notice on the website or by any other means of written communication. You are responsible for being aware of any changes made to these Terms. By continuing to use our Service after we post such changes, you agree to the Terms, as modified.

Conditions of use

1. Your Account

To use our Service, you may be required to set up an account with bimafy.com. You will be able to register for bimafy.com via the website, our mobile application or by calling us. Our contact information is published on our website with applicable working hours.

When you register you may be required to provide certain information. For example, when you set up an account on the web, you me be required to provide your mobile phone number, e-mail address, and set a password. Other information may also be requested (i.e. name, address, date of birth, mobile financial service-related information, debit/credit card information, and any other relevant information as applicable from time to time).

In case, the Service is offered to you by your employer or by any party other than you (“Corporate Purchaser’) as a gift or benefit, we may contact you for registration for the Service. We may contact you by calling, or sending SMS at the mobile number, or sending e-mail to the provided mobile number/e-mail address to us by the Corporate Purchaser requesting you for necessary information as necessary for your registration. We may also send you a notification by SMS or e-mail for your acceptance of these Terms, which is mandatory for your registration with the Service. It is also important for you to note that, the mode of communication listed above is not exhaustive and sometimes, you may also need to subscribe to our Service in order to avail any benefit which is offered to you by our Corporate Purchaser.

Your account will be personal to you and you may only transfer or share your password or account information (collectively, the “Account Information”) with someone as absolutely necessary or as required under law. For the avoidance of doubt, you shall remain responsible for the actions of any person who uses your Account Information.

You are responsible for maintaining the confidentiality of your Account Information and for all activities that occur thereunder. You agree to immediately notify us upon becoming aware of any unauthorized use of your Account Information. Flair Technologies Limited reserves the right to take any and all action, as it deems necessary, regarding the security of our Service and your Account Information, including the right to refuse and/or cancel your registration. Flair Technologies Limited shall not be liable to you for any liabilities or damages resulting from or arising out of your use of our Service, your or any other person’s use of the Account Information, or your release of the Account Information to a third party, whether such release is intended or not, save where such liability cannot be excluded by Flair Technologies Limited under applicable law.

2. Access Rights

The agreement between you and Flair Technologies Limited as created hereby shall commence on the date you accept these Terms and shall continue in effect for as long as your authorized use of the Service continues. The Service will commence once you have accepted these Terms. Subject to your compliance with these Terms, we hereby grant you a limited, non-exclusive, non-transferable right to access our Service and use our Service solely for your personal and non-commercial use.

We require that by accessing the Site and any part of our services, you confirm that you can form legally binding contracts and therefore you confirm that you are at least 18 years of age or are accessing the Service under the supervision of a parent or legal guardian. We grant you a non-transferable, revocable and non-exclusive license to use the Site, in accordance with the Terms and Conditions described herein, for the purposes of acquiring financial and accessing financial product and services as listed to be accessed on the Site. Commercial use or use on behalf of any third party is prohibited, except as explicitly permitted by us in advance. If you are registering as a business entity, you represent that you have the authority to bind that entity to this User Agreement and that you and the business entity will comply with all applicable laws relating to online trading. No person or business entity may register as a member of the Site more than once. Any breach of these Terms and Conditions shall result in the immediate revocation of the license granted in this paragraph without notice to you.

You agree that all information you provide in relation to obtaining the Service is true, accurate, current and complete, and you agree to maintain and promptly update such information, as and when necessary, to keep it current. If we have reasonable grounds to suspect that such information is untrue, inaccurate, or incomplete, we have the right to suspend or terminate the Service. Our use of any information you provide to us hereunder is governed by the terms of our Privacy Statement, which is incorporated by this reference into these Terms.

Content provided on this Site is solely for informational purposes. Financial product and service representations including price, coverage, features, exclusions, add-ons and any other details as expressed on this Site are the responsibility of the independent providers of such products and services displaying them and are not guaranteed as completely accurate by us. Submissions or opinions expressed on this Site are those of the individual(s) posting such content and may not reflect our opinions.

You agree that you will not at any time attempt to: (a) interfere with or disrupt the functioning of the Service in any manner, including the functioning of any software, hardware, network or server connected to the Service, and the autonomy of any Provider or 3PL Provider; (b) distribute or transfer in any manner the Service or any part of the Service to any third party; (c) copy or modify the Service or any part of the Service for any purpose whatsoever; (d) reverse-engineer or create derivative works based on any part of the Service for any purpose, commercial or otherwise; or (e) or otherwise use the Service in any manner that is inconsistent with these Terms or the spirit of these Terms. We further reserve the right, in our sole discretion, to deny and/or withdraw use of the Service to anyone for any reason whatsoever at any time and without any prior notice.

You agree and undertake not to perform restricted activities listed within this section; undertaking these activities will result in an immediate cancellation of your account, services, reviews, orders or any existing incomplete transaction with us and in severe cases may also result in legal action:

  • Refusal to comply with the Terms and Conditions described herein or any other guidelines and policies related to the use of the Site as available on the Site at all times.
  • Impersonate any person or entity or to falsely state or otherwise misrepresent your affiliation with any person or entity.
  • Use the Site for illegal purposes.
  • Attempt to gain unauthorized access to or otherwise interfere or disrupt other computer systems or networks connected to the Platform or Services.
  • Interfere with another’s utilization and enjoyment of the Site;
  • Post, promote or transmit through the Site any prohibited materials as deemed illegal by The People's Republic of Bangladesh.
  • Use or upload, in any way, any software or material that contains, or which you have reason to suspect that contains, viruses, damaging components, malicious code or harmful components which may impair or corrupt the Site’s data or damage or interfere with the operation of another Customer’s computer or mobile device or the Site and use the Site other than in conformance with the acceptable use policies of any connected computer networks, any applicable Internet standards and any other applicable laws.

3. Acceptable use

Use of our Service requires that you comply with acceptable use requirements as determined by Flair Technologies Limited. As part of your responsibilities, you agree that you will not at any time: (a) use the Service in any unlawful manner; (b) use the Service in any manner that is harmful, hateful, harassing, abusive, or otherwise offensive to any other person or entity (including your Provider, 3PL Provider or any other associated party); (c) interfere with or inhibit any other user from using or enjoying the Service; (d) use the Service as a means to distribute unsolicited or unauthorized communications, advertisements or spam; (e) collect or use any data or Service content that violates any third-party right; (f) create a false identity, impersonate another person or entity, or otherwise misrepresent yourself; (g) breach or otherwise circumvent any security measures incorporated into the Service; or (h) use, misuse, avail, exploit or take benefit from the Service (or any part or feature thereof by way of any unfair, unauthorized, dishonest, fraudulent or deceptive acts, conduct or behavior; or (i) use the Service in any manner that is considered unacceptable by Flair Technologies Limited.

4. Platform for communication

You agree, understand and acknowledge that the Site is an online platform that enables you to avail different financial products and services listed at the price indicated therein at any time from any location using a payment method of your choice. You further agree and acknowledge that we are only a facilitator and cannot be a party to or control in any manner any transactions on the Site or on a payment gateway as made available to you by an independent third-party service provider. Accordingly, the contract of sale of financial products and services on the Site shall be a strictly bipartite contract between you and the independent third-party providers of financial products and services (i.e. insurance companies and their affiliated agents, contractors etc.) on our Site while the payment processing occurs between you, the service provider and in case of prepayments with electronic cards your issuer bank. Accordingly, the contract of payment on the Site shall be strictly a bipartite contract between you and the payment service provider as listed on our Site.

5. Privacy

Please review our Privacy Policy, which also governs your visit to the Site. The personal information / data provided to us by you or your use of the Site will be treated as strictly confidential, in accordance with the Privacy Agreement and applicable laws and regulations. If you object to your information being transferred or used in the manner specified in the Privacy Agreement, please do not use the Site or our Service.

6. Continued availability of the Service

We will do our utmost to ensure that access to the Site and our services is consistently available and is uninterrupted and error-free. However, due to the nature of the Internet and the nature of our services, this cannot be guaranteed. Additionally, your access to the Site and our services may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services at any time without prior notice. We will attempt to limit the frequency and duration of any such suspension or restriction.

7. Your Submissions

Anything that you submit to the Site and/or provide to us, including but not limited to, digital images, photographs, contact details, questions, reviews, comments, and suggestions (collectively, "Submissions") will become our sole and exclusive property and shall not be returned to you. In addition to the rights applicable to any Submission, when you post comments or reviews to the Site, you also grant us the right to use the name that you submit, in connection with such review, comment, or other content. You shall not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any Submissions. We may, but shall not be obligated to, remove or edit any Submissions without any notice or legal course applicable to us in this regard.

Obligation of Flair Technologies Limited

Flair Technologies Limited will use commercially reasonable efforts to provide you with technical support, logistics support, and updates for the Service in accordance with its regular business practice and will provide the Service in a professional manner.

Communicating with Us

When you visit the Site, or send e-mails to us, you are communicating with us electronically. You will be required to provide a valid phone number while placing an order with us. We may communicate with you by e-mail, SMS, phone call or by posting notices on the Site or by any other mode of communication we choose to employ. For contractual purposes, you consent to receive communications (including transactional, promotional and/or commercial messages), from us with respect to your use of the website (and/or placement of your order) and agree to treat all modes of communication with the same importance.

Relationship with the Provider(s) and Third Parties

By using our Service, you agree and accept that the “Providers” or the licensed insurance companies and their affiliated agents and contractors who list their financial products and services on our Site are also our business partners (“Business Partners”). Our Business Partners also include Additional Service providers and Third-Party Feature providers. You also agree and accept that we may have separate commercial understanding with our Business Partners in terms of the use of our Service by you. We may become entitled to financial benefits from our Business Partners as you use our Service to acquire insurance policies from them through us or use any Additional Services or Third-Party Features from time to time.

Price and Payment Terms

You agree to pay certain fees for the right to use the Service at the current rates set forth on the website bimafy.com from time to time or as otherwise provided to you by Flair Technologies Limited or its associated parties. Alternatively, in case, the Service is offered to you by a Corporate Purchaser (such as your employer or any party other than you) as a gift or benefit, such party shall be responsible for making payment to us of the relevant fees for your registration, and access and use of the Service. You agree and accept that we may terminate your registration or suspend your access and use of the Service at any time without any prior notice to you and without any liability to you whatsoever in case such Corporate Purchaser has not paid the fees to us in full on time in relation to the Service. Prices/Premiums for financial products and services (including but not limited to, insurance and its associated services) which are listed by Providers are in Bangladeshi Taka (BDT) and include VAT where applicable. Fees are subject to change, and any changes will be provided on the website www.bimafy.com or as otherwise communicated to you by Flair Technologies Limited to you or the Corporate Purchaser (as applicable). It is your or Corporate Purchaser’s (as applicable) responsibility to remain informed about the current payment rates from time to time in respect of the Services, unless otherwise agreed to by Flair Technologies Limited all fees paid are non-refundable.

Disclaimer

Our Service is provided on an “as is” and “as available” basis. Your access to or use of our Service is voluntary and at your sole discretion and risk. To the fullest extent permissible by applicable law, we do not make any express or implied warranties, representations and/or endorsements of any kind (including, without limitation, warranties of title or non-infringement, or any warranties of serviceability or fitness for a particular purpose) with regard to our Service, or with respect to any information, financial product, service, or other material provided on or through our Service (including any consultations or other services you may receive from your Providers). Whilst we use reasonable endeavors to engage with reputable Providers, we do not warrant or guarantee the accuracy, completeness, reliability, timeliness or usefulness of our Service. We do not warrant that the Service will function or will be available without delays, disruptions, interferences, imperfections, or any adverse incident. To the maximum extent permissible under applicable law, we disclaim any and all liability and responsibility in relation to any and all Third-Party Features that may be provided or offered to you or that may become available to you through the Service in any way.

Limitation of Liability

In no event will Flair Technologies Limited, its parents, subsidiaries, affiliates, licensors, and/or suppliers, and/or the officers, directors, employees, consultants, agents and/or any other service provider, through whom Flair Technologies Limited provides the Service, be liable to you or any third party for any direct, indirect, punitive, exemplary, incidental, special or consequential damages, whether in contract, tort (including negligence), or otherwise, or the use of, or the inability to use, our Service, including, without limitation, any information made available through our Service or any services performed by any Providers you connect with via our Service (including grievance against Providers or our Business Partners), even if we have been advised of the possibility of such damages. If you are dissatisfied with any of our listings, contents, or services, or with any of the terms and conditions of these Terms, your sole and exclusive remedy is to discontinue using the Service.

Losses

We will not be responsible for any business or personal losses (including but not limited to loss of profits, revenue, contracts, anticipated savings, data, goodwill, or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when you commenced using the Site.

Indemnification

You agree to indemnify and hold harmless Flair Technologies Limited, its parents, subsidiaries, affiliates, licensors, service providers, and/or the officers, directors, employees, consultants, agents of each, and/or any other service providers, through whom Flair Technologies Limited provides the Service, from and against any and all third-party claims, liabilities, damages, losses, costs, expenses and fees (including reasonable attorneys’ fees and court costs) that such parties may incur as a result of or arising from your use of our Service, your violation of these Terms, or your violation of any rights of any other person or entity or for any harm or loss suffered due to negligent or improper advice provided by the Provider. We reserve the right to control the defense of any claim for which we are entitled to indemnification, and you agree to provide us with such cooperation as is reasonably requested by us.

Force majeure

Flair Technologies Limited shall not be liable for any failure of or delay in the performance of the Service for the period that such failure or delay is due to causes beyond its reasonable control, including but not limited to power supply, failures of electronic communications, acts of God, war, flood, political unrest, riots, strikes or labor disputes, embargoes, government orders, unavailability, non-renewal, withdrawal or revocation of any required legal or regulatory permits, approvals or the like, or any other event which is beyond the reasonable control of Flair Technologies Limited.

Amendments to conditions or alterations of Service and related promise

We reserve the right to make changes to the Site, its policies, these terms and conditions and any other publicly displayed condition or service promise at any time. You will be subject to the policies and terms and conditions in force at the time you used the Site unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.

Ownership

We are the owner or licensor of all right, title and interest in and to our Service, including all current and future intellectual property rights, and any suggestions, ideas or other feedback provided by you or any other party, relating to our Service. Any copy, modification, revision, enhancement, adaptation, translation or derivative work of or created from our Service shall be owned solely and exclusively by Flair Technologies Limited (as between you and Us), as shall any and all patent rights, copyrights, trade secret rights, trademark rights, and all other proprietary rights. You shall not remove or permit any third party to remove any proprietary rights from our Service or its contents. Certain names, logos and other materials displayed in our Site may constitute trademarks, trade names, service marks or logos (whether registered or unregistered) of Flair Technologies Limited or other third-party entities (“Marks”). You are not in any way authorized to use any such Marks by these Terms. Ownership of all such Marks and the goodwill associated therewith remains with us or our licensors. We reserve the right to modify or discontinue, temporarily or permanently, our Service, or any portion thereof, with or without notice. We will not be liable to you or any third party, in any manner whatsoever, should we exercise such right.

Assignment/Transfer

We reserve the right to assign and/or transfer these Terms and all the rights and obligations pursuant thereto to any third party for any reason whatsoever, including in the event of any reorganization, merger, sale, joint venture, assignment, transfer, liquidation or any other disposition. In case of such assignment and/or transfer, all information provided to us pursuant to these Terms, will be transferred to that third party and you agree to provide reasonable assistance in this regard.

Miscellaneous

These Terms together with the Privacy Statement, and Refund Policy constitute the entire and final agreement between you and Flair Technologies Limited and govern your access to and use of our Service, superseding any prior agreements between you and Flair Technologies Limited with respect to the subject matter hereof, whether written or oral. The section titles in these Terms are for convenience only and have no legal or contractual effect. You may neither assign any of your rights nor sub-contract any of your obligations under these Terms, and any such attempt will be null and void. The validity, interpretation, construction and performance of these Terms will be governed by the laws of Bangladesh. Any dispute arising under or relating to these Terms will be resolved exclusively by final and binding arbitration in accordance with the Bangladesh Arbitration Act, 2001. The parties agree to the personal and subject matter jurisdiction and venue of the arbitration located in Dhaka, Bangladesh for any action related to these Terms. Our failure to enforce any provision of these Terms will not constitute a waiver of such right. If any provision is found to be invalid, the parties agree that they will submit to the court to give effect to the parties’ intentions as reflected in the provision, and that the other provisions of these Terms shall remain in full force and effect. You have no authority to act on behalf of or bind Flair Technologies Limited in any manner whatsoever. You agree to the use of electronic documents and records in connection with future transactions and communications involving our Service. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Any translation of the Terms from English into another language are made solely for your convenience. In the event of discrepancies between different language versions, the English version shall prevail. Any use of third-party software and service provided in connection with our Service, or any third-party product or service accessed or used in connection with our Service, will be governed by the applicable third-party’s license or terms of use, and not by these Terms. Any and all provisions of these Terms that would reasonably be expected to be performed after the termination of these Terms shall survive and be enforceable after such termination, including, without limitation, provisions relating to ownership, indemnification, limitation of liability and governing law.