PASSENGER PROTECTION PLAN (THE SERVICE)
TERMS AND CONDITIONS
This Terms and Conditions applies to the technology-based insurance coverage solution (the Service) which is provided by Flair Technologies Limited under the brand name BimaBD and its associated web-based claims service portal bimabd.com to the customers and/or platform users of Shohoj Limited (“Shohoz.com”). Your access to and use of the Service and any technology infrastructure or any part thereof related to the Service are governed by these Terms and Conditions (“Terms”). Please read these Terms carefully before using the Service.
Flair Technologies Limited (“We”, “Us”, “Our”) shall also be referred to as BimaBD for the purpose of this Terms and any future references as made available for the customers/platform users of Shohoz.com. 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 (included below) 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.
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.
This technology-based insurance coverage solution (the Service) provides real-time enrollment services for insurance coverage to eligible Shohoz.com customers and/or platform users and their designated persons against Death, Accidental Death, and Accidental Hospitalizations along with an online claim portal for submission of insurance claims. Upon an occurrence of an event covered under this Service in relation to an insured person shall make the insured or the legal nominee of the insured to get a fixed lump-sum benefit as mentioned under this section.
“Death” means death due to any natural reasons except for Accidental Death and due to the reasons mentioned under Exclusions below.
“Accident” means a sudden, unforeseen and involuntary event caused by external, visible and violent means.
“Accidental Injury” means accidental physical bodily harm excluding illness or disease solely and directly caused by external, violent and visible and evident means, which is verified and certified by a medical practitioner, while travelling in a bus trip with a bus ticket purchased from Shohoz.com.
“Accidental Hospitalization” hospitalization due to an Accidental Injury.
“Accidental Death” means death due to an Accident except due any unlawful activity while travelling in bus trip with a bus ticket purchased from Shohoz.com.
“Covered Person” means the person who has been registered or enrolled under this Service of technology-based insurance coverage solution.
“Insurance Partner” means third party insurance company with applicable registration and license from the relevant authority who is an independent contractor and not Flair Technologies.
A Death, Accidental Death, and Accidental Hospitalization coverage will be applicable for the Covered Person who have been registered or enrolled under this Passenger Protection Plan (the Service) by the customers and/or platform users of Shohoz.com while purchasing bus tickets through Shohoz.com website/mobile application. Only the Covered Persons shall be under the insurance coverage while traveling through the particular bus trip with a valid ticket as issued by Shohoz.com with certain provisions, and limitations as per the following:
- Covered Persons must be within the age of 6 years and 65 years at the time of enrollment.
- Insurance coverage shall be applicable for bus trips occurring within the territory of Bangladesh only.
- Insurance coverage period for Death shall be 7 (seven) days from the date of journey as mentioned on the bus ticket.
- Insurance coverage for Accidental Death shall be applicable only if the Covered Person dies due to an Accident.
- Insurance coverage for Accidental Hospitalization shall be applicable only if the covered bus passenger gets treated in a hospital due to an Accidental Injury.
- INSURANCE COVERAGE DETAILS:
The Covered Person or the legal nominee (in applicable cases) of the Covered Person shall be able to claim the insurance benefits in case of a covered event as per the following table:
|Type of Coverage||Sum Assured/Coverage Amount (BDT)|
|Accidental Death||BDT. 100,000.00|
|Accidental Hospitalization||Up to BDT. 25,000.00|
The following exclusions shall be applicable for insurance coverage:
Exclusions for Death Claims:
- Death due to any pre-existing diseases;
- Death caused by self-inflicted injury or the commission of or attempted commission of an assault or any unlawful act, or being engaged in any illegal activity or felony;
- Death by participating in illegal activity;
- Suicide while sane or insane;
- The condition of Acquired Immune Deficiency Syndrome (AIDS), or any AIDS related illness or HIV virus.
Exclusions for Accidental Death and Accidental Hospitalization Claims:
- Accidents due to any unlawful activities by the Covered Person at any time during the bus trip.
- SPECIAL PROVISIONS FOR ACCIDENTAL HOSPITALIZATION:
Accidental Hospitalization can be further classified under 5 (five) different categories with corresponding benefits as per the following table:
|Types of Accidental Hospitalization||Description of Accidental Injury due to Accident||Sum Assured /Coverage Amount (BDT)|
|Head Injuries||Severe collision impacts can cause a closed head injury. In that situation, the fluid and tissue inside the skull are damaged because of the sudden movement or impact of the head. Less severe closed head injuries often result in concussions, while the most severe impacts can cause brain damage.||BDT. 25,000.00|
|2nd & 3rd Degree Burn||Second-degree (partial thickness) burns. Second-degree burns involve the epidermis and part of the lower layer of skin, the dermis. The burn site looks red, blistered, and may be swollen and painful. Third-degree (full thickness) burns. Third-degree burns destroy the epidermis and dermis. They may go into the innermost layer of skin, the subcutaneous tissue. The burn site may look white or blackened and charred.||BDT. 18,750.00|
|Chest Injuries||These injuries can be more severe such as broken ribs or internal injuries. Drivers often experience chest injuries because of their position which allows very little freedom of movement.||BDT. 12,500.00|
|Fractures, Dislocation, Scrapes and Cuts||Depending on the nature of the collision, injuries might be mere bruises or scrapes, but even breaks can occur.||BDT. 6,250.00|
|1st degree burn & soft tissue injuries||A soft tissue injury/burn is damage to the body’s connective tissue, which means muscles, ligaments and tendons. First-degree burns affect only the outer layer of skin, the epidermis.||BDT. 2,500.00|
- INSURANCE COVERAGE PROVIDER:
The insurance coverage and related benefits are provided by third party Insurance Partners. Insurance claim payments relating to the coverage is subject to decision of such Insurance Partners.
- SERVICE FEES AND CHARGES:
|Type of Coverage||Sum Assured/Coverage Amount (BDT.)||Insurance Premium Per Covered Person Per Ticket (BDT.)|
|Natural Death Benefit||25,000.00||10.00|
|Accidental Death Benefit||100,000.00|
|Accidental Hospitalization (As per SPECIAL PROVISIONS FOR ACCIDENTAL HOSPITALIZATION)||25,000.00|
|Total Premium Per Covered Person Per Trip (BDT.)||10.00|
- PAYMENT OF INSURANCE PREMIUM:
Insurance premium must be paid on a real-time basis, through Shohoz.com (direct/ mobile app/ website) during the checkout of purchased bus tickets. Shohoz.com customers and/or platform users must provide all the necessary information regarding the Covered Person (i.e. Full Name, Date of Birth etc.) in order to ensure proper enrollment and claim settlement.
- CLAIM PROCESS AND DECISION:
Insurance claims can be raised using the dedicated claims portal as provided by Flair Technologies https://bimabd.com/shohoz-bus-claim by filling up the online claims form and by attaching relevant claims documents (scanned images/clear photographs).
- All claims must be submitted with all required documents within 30 (thirty) days of the covered event.
- All claims are subject to verification by Insurance Partner and Insurance Partner reserves the right to reject any claim if it is deemed invalid/inappropriate or not applicable under insurance coverage.
- Successful claims for insurance coverage shall be settled within ten (10) working days after receiving all necessary documents from the Covered Person or legal nominee of the Covered Person (in applicable cases).
- CLAIM DOCUMENTATION:
The claimant must provide the below mentioned documents in digital formats in order to submit a claim:
- For Natural Deaths
- Death Certificate from the last attending physician/clinic/hospital mentioning the actual cause of death
- Proof of Age (NID/Passport etc.)
- Original Valid Bus Ticket
- For Accidental Deaths
- Post-mortem report
- Death Certificate from the last attending physician/clinic/hospital mentioning the actual cause of death
- Proof of Age (NID/Passport etc.)
- Original Valid Bus Ticket
- For Accidental Hospitalization
- Doctor’s Advice for hospitalization
- Discharge Certificate
- Hospital Bills
- All medical reports such as X-Ray, City Scan, MRI or such relevant reports
- Original Valid Bus Ticket
- Any other supporting documents (if required)
- 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.
- 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.
- 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.
OBLIGATION OF BIMABD
BimaBD 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.
Any personal information obtained by BimaBD as part of providing the Service to you and any use of the same will be treated in accordance with our Privacy Statement.
Before using our service, you must acknowledge and agree to the following:
- Various obligations and commitments of BimaBD under the terms of the Service may in the future become subject to requirements, restrictions or approvals of various governmental or regulatory authorities (“Authorities”).
- BimaBD shall not be liable or responsible to Shohoj and you for failure to perform or comply with the provisions of the terms of the Service in any way, in case any Authority does not provide the necessary approval(s) to BimaBD or in case any such authority imposes any restrictions on BimaBD or raises any objection in relation to the Services or any activity or obligation of BimaBD. In such a case, Shohoj and BimaBD shall enter into good faith discussions with the view to identify mutually agreed alternatives, failing which either party shall have the right to terminate the Agreement between them with immediate effect without any liability or responsibility towards the other.
- 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 merchantability or fitness for a particular purpose) with regard to our Service, or with respect to any information, product, service, merchandise or other material provided on or through our Service (including any insurance coverage or other services you may receive from our partners). 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 3rd Party Features that may be provided or offered to you or that may become available to you through the Service in any way.
- You must agree and accept that the Service provided by BimaBD includes an insurance coverage and related benefits which are provided by third-party insurance provider(s) (“Insurance Partners”). Insurance payments relating to the coverage is subject to decision of such Insurance Partners.
- In no event and under no circumstances shall BimaBD be liable to Shohoj or you for any (i) loss of profits, opportunity, contracts or goodwill (in each case whether arising in the normal course of events and/or the possibility of such loss was known to BimaBD); or (ii) indirect, incidental, special or consequential losses or damages suffered or incurred by Shohoj or you in any way.
- Shohoj and you shall defend, indemnify and hold BimaBD harmless in full against all direct, indirect or consequential liability, loss, damage, injury, costs and expenses (including regulatory fines and legal and other professional fees and expenses) awarded against or incurred or paid by BimaBD as a result of or in connection with: (i) breach of any provision of Section 4 of this Agreement (ii) any claim made against Flair Technologies by any customers and/or platform users or any third party in relation to (a) performance or non-performance of this Agreement by Shohoj, (b) any statement made by Shohoj in relation to the services, which was not expressly authorized by BimaBD in advance in writing.
LIMITATION OF LIABILITY
In no event will BimaBD, its parents, subsidiaries, affiliates, licensors, and/or suppliers, and/or the officers, directors, employees, consultants, agents and/or any other mobile service provider, through whom BimaBD 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 claims of medical malpractice or negligence), even if we have been advised of the possibility of such damages.
If you are dissatisfied with any of our materials, products, or services, or with any of the terms and conditions of these Terms, your sole and exclusive remedy is to discontinue using the Service.
You agree to indemnify and hold harmless BimaBD, its parents, subsidiaries, affiliates, licensors, suppliers, and/or the officers, directors, employees, consultants, agents of each, and/or any other service providers, through whom BimaBD 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.
BimaBD 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 BimaBD.
Before using this Service you must acknowledge and agree that Shohoj will share certain information regarding you and your transaction with Shohoj shall be provided to BimaBD by Shohoj. Any personal and/or transaction information obtained by BimaBD as part of providing the Service to you and any use of the same will be treated in accordance with our separate Privacy Statement.
These Terms together with the Privacy Statement constitute the entire and final agreement between you and BimaBD and govern your access to and use of our Service, superseding any prior agreements between you and BimaBD 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 BimaBD 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 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.