Terms & Conditions

Effective Date: 10th August, 2024

THE AGREEMENT: The use of this website and services on this website provided by Tusar Talukder (hereinafter referred to as “Owner”) are subject to the following Terms & Conditions (hereinafter the “Terms of Service”), all parts and sub-parts of which are specifically incorporated by reference here together with the Privacy Policy. Following are the Terms of Service governing your use of www.bimacure.com (the “Website”), all pages on the Website and any services provided by or on this Website (“Services”).

By accessing either directly or through a hyperlink, the Website, and/or purchasing something from us, you engage in our “Service” and agree to be bound by the Terms of Service including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation vendors, buyers, customers, merchants, browsers and/or contributors of content. You acknowledge and agree that the Website may use your personal information in the manner described in our Privacy Policy which sets forth how information collected about you is collected, used and stored.

1. DEFINITIONS

The parties referred to in these Terms of Service shall be defined as follows:

• Owner, Us, We: The Owner, as the creator, operator, and publisher of the Website, makes the Website, and certain Services on it, available to users. Tusar Talukder, Owner, Us, We, Our, Ours and other first-person pronouns will refer to the Owner, as well as all employees and affiliates of the Owner.
• Insurance Policy Details: We collect information about your insurance policies, including policy numbers, coverage details, and any associated documents. This helps us address your specific insurance-related issues.
• You, the User, the Client: You, as the user of the Website, will be referred to throughout these Terms of Service with second-person pronouns such as You, Your, Yours, or as User or Client. For the purpose of these Terms of Service, the term “User” or “you” shall mean any natural or legal person who is accessing the Website. The term “Your” shall be construed accordingly.
• Parties: Collectively, the parties to these Terms of Service (the Owner and You) will be referred to as Parties.

2. ASSENT & ACCEPTANCE

By using the Website, you warrant that you have read and reviewed these Terms of Service and that you agree to be bound by it. If you do not agree to be bound by these Terms of Service, please leave the Website immediately. The owner only agrees to provide use of this Website and Services to you if you assent to these Terms of Service. Further, based on the Services obtained by a User, additional terms and conditions in respect of the specific Services may apply, which shall be deemed an agreement between the Users and the Owner.

3. AGE RESTRICTION

You must be at least 18 (eighteen) years of age to use this Website, or any services contained herein. By using this Website, you represent and warrant that you are at least 18 years of age and may legally agree to these Terms of Service. The owner assumes no responsibility or liability for any misrepresentation of your age.

4. ABOUT THE SITE

We reserve the right to refuse service or refuse to sell the products on the Website at our sole discretion to anyone for any reason at any time.

The Website does not screen or censor the users who register on and access the Website. You assume all risks associated with dealing with other users with whom you come in contact through the Website. You agree to use the Website only for lawful purposes without infringing the rights of or restricting the use of this Website by any third party.

5. LICENCE TO USE WEBSITE

The Owner may provide you with certain information as a result of your use of the Website or Services. Such information may include but is not limited to, documentation, data, or information developed by the Owner, and other materials which may assist in your use of the Website or Services (“Owner Materials”). Subject to these Terms of Service, the Owner grants you a non-exclusive, limited, non-transferable and revocable licence to use the Owner Materials solely in connection with your use of the Website and Services. The Owner Materials may not be used for any other purpose and this licence terminates upon your cessation of use of the Website or Services or at the termination of these Terms of Service.

You agree not to collect contact information of other Users from the Website or download or copy any information by means of unsolicited access so as to communicate directly with them or for any reason whatsoever.

Any unauthorised use by you shall terminate the permission or licence granted to you by the Website and you agree that you shall not bypass any measures used by the Owner to prevent or restrict access to the Website.

6. INTELLECTUAL PROPERTY

You agree that the Website and all Services provided by the Owner are the property of the Owner, including all copyrights, trademarks, trade secrets, patents, and other intellectual property (“Owner IP”). You agree that the Owner owns all rights, title, and interest in and to the Owner IP and that you will not use the Owner IP for any unlawful or infringing purpose. You agree not to reproduce or distribute the Owner IP in any way, including electronically or via registration of any new trademarks, trade names, service marks or Uniform Resource Locators (URLs), without express written permission from the Owner.

In order to make the Website and Services available to You, You hereby grant the Owner a royalty-free, non-exclusive, worldwide licence to copy, display, use, broadcast, transmit and make derivative works of any content You publish, upload or otherwise make available to the Website (“Your Content”). The Owner claims no further proprietary rights in Your Content.

If you feel that any of Your intellectual property rights have been infringed or otherwise violated by the posting of information or media by another of Our users, please contact Us and let us know.

7. USER OBLIGATIONS

As a user of the Website or Services, You may be asked to register with us. When you do so, you will choose a user identifier, which may be your email address or another term, as well as a password. You may also provide personal information, including, but not limited to, your name. You are responsible for ensuring the accuracy of this information. This identifying information will enable you to use the Website and Services. You must not share such identifying information with any third party and if you discover that your identifying information has been compromised, you agree to notify Us immediately in writing. An email notification will suffice. You are responsible for maintaining the safety and security of your identifying information as well as keeping us apprised of any changes to your identifying information. The billing information you provide us, including credit card, billing address and other payment information, is subject to the same confidentiality and accuracy requirements as the rest of your identifying information. Providing false or inaccurate information, or using the Website or Services to further fraud or unlawful activity is grounds for immediate termination of these Terms of Service. The owner reserves the right to refuse service, terminate accounts, or remove or edit content in its sole discretion.

8. PAYMENT & FEES

Should you register for any of the paid Services on this website or purchase any product or service on this website, you agree to pay Us the specific monetary amounts required for that product or those Services. These monetary amounts (“Fees”) will be described to you during your account registration and/or confirmation process. The final amount required for payment will be shown to you immediately prior to purchase.

We reserve the right to refuse service or refuse to sell the products on the Website at our sole discretion to anyone for any reason at any time.

9. ACCEPTABLE USE

You agree not to use the Website or Services for any unlawful purpose or any purpose prohibited under this clause. You agree not to use the Website or Services in any way that could damage the Website, Services or general business of the Owner.

You further agree not to use the Website or Services:

• To harass, abuse, or threaten others or otherwise violate any person’s legal rights
• To violate any intellectual property rights of the Owner or any third party
• To upload or otherwise disseminate any computer viruses or other software that may damage the property of another
• To perpetrate any fraud
• To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme
• To publish or distribute any obscene or defamatory material
• To publish or distribute any material that incites violence, hate or discrimination towards any group
• To unlawfully gather information about others.

You are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to infringe on any third party’s intellectual property or proprietary rights, or rights of publicity or privacy, whether knowingly or unknowingly; (d) to violate any local, federal or international law, statute, ordinance or regulation; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; 9. ACCEPTABLE USE (cont.) (f) to submit false or misleading information or any content which is defamatory, libellous, threatening, unlawful, harassing, indecent, abusive, obscene, or lewd and lascivious or pornographic, or exploits minors in any way or assists in human trafficking or content that would violate rights of publicity and/or privacy or that would otherwise be objectionable in the Owner’s sole discretion.

10. TERMINATION

The Owner reserves the right to terminate or suspend your access to the Website and Services at our sole discretion, without notice, for any reason including but not limited to any violation of these Terms of Service. Upon termination, you must immediately cease all use of the Website and Services and destroy all copies of any materials you have obtained from the Website.

11. DISCLAIMER OF WARRANTIES

The Website and Services are provided on an "as is" and "as available" basis. The Owner makes no warranties, express or implied, as to the operation of the Website or the information, content, materials, or products included on the Website. The Owner does not warrant that the Website or Services will be uninterrupted or error-free, and the Owner will not be liable for any interruptions or errors.

12. LIMITATION OF LIABILITY

To the fullest extent permitted by applicable law, the Owner will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (a) your use or inability to use the Website or Services; (b) any unauthorised access to or use of our servers and/or any personal information stored therein; (c) any interruption or cessation of transmission to or from the Website; (d) any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Website; or (e) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Website or Services.

13. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless the Owner, its affiliates, officers, directors, employees, agents, and third parties from and against any and all losses, liabilities, claims, damages, costs, or expenses (including reasonable attorneys' fees) arising out of or in any way connected with your use of the Website or Services, your violation of these Terms of Service, or your infringement of any intellectual property or other rights of any person or entity.

14. CHANGES TO TERMS OF SERVICE

The Owner reserves the right to modify these Terms of Service at any time. Any changes will be posted on this page with an updated effective date. Your continued use of the Website or Services after any such changes constitutes your acceptance of the new Terms of Service.

15. GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law principles.

16. DISPUTE RESOLUTION

Any disputes arising out of or related to these Terms of Service or the use of the Website or Services will be resolved through binding arbitration in accordance with the rules of the Indian Arbitration and Conciliation Act, 1996. The arbitration will take place in Kolkata, West Bengal, India. The arbitration award will be final and binding on both parties.

17. SEVERABILITY

If any provision of these Terms of Service is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will continue in full force and effect.

18. ENTIRE AGREEMENT

These Terms of Service, along with the Privacy Policy and any other legal notices published by the Owner on the Website, constitute the entire agreement between you and the Owner concerning your use of the Website and Services and supersede all prior agreements and understandings.

19. CONTACT INFORMATION

If you have any questions about these Terms of Service, please contact us at:

Bimacure Insure Sol Powered by Insucure Solutions India (OPC) Pvt. Ltd

Phone: +91 62919 36519 | 033 3528 6213

Email: legal@bimacure.com