TERMS AND CONDITIONS FOR TRAVEL OPERATORS

1. INTERPRETATION

1.1 The following definitions and rules of interpretation shall apply:
Company: means Sigmapuzzle Sàrl whose registered office is at 36 Av. Cardinal Mermillod 1227 Carouge, Switzerland (hereafter “Bima”);
Customer: means the company or individual using Bima as a technical provider on its website(s). Customer might be an Online Travel Agent, Tour Operator, Booking Engine or any other Travel industry specialist willing to use Bima’s Services.
Contract: means the contract formed when the Customer registers on Bima and accepts these terms and conditions;
End User: means the party placing the Order on the Customer’s website;
Fee: means the fee set out by Bima, to be paid by the Customer when an Order is confirmed;
Order: means the purchase of Insurance products on the Customer’s Site;
Site: means the website/URL where the Services will be carried out; and
Services: means the use of Bima’s technical solution to manage Insurance Products on the Customer’s site;
Insurance Products: means the insurance policies available to the Customer and provided by Insurance Companies using Bima as a sales and marketing solution;
Insurance Companies: means insurance companies using Bima as a sales and marketing solution.

2. GENERAL

2.1 The Company will provide to the Customer a technical solution to manage its Insurance Products on its Site. The Insurance Products are provided by Insurance Companies using Bima as a sales and marketing solution.

2.2 The Customer will provide the Company with such information, materials and facilities to enable the Company to provide the Services.

2.3 No terms or conditions contained in or delivered with the Order or any other document will form part of the Contract unless expressly agreed by the Company in writing.

3. COST OF USING THE SERVICES FOR CUSTOMERS

The Services of Bima are free for the Customer as Bima is compensated by the Insurance Companies for the sales and marketing services provided to them.

4. WARRANTY

4.1 The Company warrants to the Customer that the Services shall be performed with reasonable skill and care.

4.2 Subject to clause 5.1, all conditions warranties terms and undertakings express or implied statutory or otherwise in respect of the provision of the Services are hereby expressly excluded.

4.3 The Company can not be held responsible for any claims, expense and/or losses arising from the installation and/or use of the Service

5. LIMITATION OF LIABILITY

5.1 The following provisions set out the Company’s entire liability (including any liability for the acts and omissions of its employees agents and subcontractors) to the Customer in respect of any breach of its contractual obligations or any negligent act or omission.

5.2 The Company’s is not liable for the End User’s insurance policy purchase, for its reimbursement or payment. The Company acts as a Technical Solution Provider only.

5.3 The Company’s entire liability in respect of any breach or negligent act or omission is hereby expressly excluded.

5.4 Subject to clause 5.2 above, and where permitted by law, the Company shall not be liable to the Customer nor End User for loss of profits, goodwill, anticipated savings or any type of special, indirect or consequential loss even.

6. CONFIDENTIALITY

6.1 Each of the Company and the Customer undertakes to the other both during and after the termination of the Contract to:

  • keep confidential all information (written or oral) concerning the business and affairs of the other that it shall have obtained or received as a result of the discussions leading up to or the entering into or performance of the Contract;
  • not without the other’s written consent disclose the Information in whole or in part to any other person save those of its employees or contractors involved in the implementation of the works carried out under the Contract from time to time and who have a need to know the same; and
  • to use the Information solely in connection with the implementation of the Contract and not for its own benefit or the benefit of any third party.

6.2 The provisions of clause 6.1 above shall not apply to the whole or any part of the Information to the extent that it is:

  • already in the other party’s possession other than as a result of a breach of this clause;
  • in or comes in the public domain;
  • is independently developed by the other party; or
  • is required to be disclosed by law.

6.3 The Company will be entitled to publicise the entering into of the Contract, whether by issue of a press release or otherwise.

7. TERMINATION

7.1 The Company may terminate the Contract forthwith at anytime for any reason with a 10 business days notice.

7.2 The Customer may terminate the Contract at any time by e-mail sent to info (at) bima.io or using the administration panel provided by the Company.

8. ASSIGNATION

Save as expressly permitted by the Contract, the Customer shall not, without obtaining the prior written consent of the Company, assign or transfer or sub-contract or charge or deal in any other manner with either the benefit or the burden of the Contract or any of its rights or obligations hereunder or purport to do any of the same. Any such purported assignation, assignment, transfer, subcontracting, charging or dealing shall be null and void and without any force or effect.

9. INDEPENDENT CONTRACTORS

Nothing in the Contract is intended to or shall operate to create a partnership or joint venture of any kind between the parties or to authorise either party to act as agent for the other, and no party shall have authority to act in the name or on behalf of or otherwise to bind the other in any way (including, but not limited to the making of any representation or warranty, the assumption of any obligation or liability and the exercise of any right or power).

10. AMENDMENTS

The Company reserves the right to alter, modify, update, add to, subtract from or otherwise change this Contract at any time for any reason or no reason at all. Bima will post any changes on Bima’s website, and any changes will become effective immediately upon being posted unless the Company communicates to the Customer otherwise.

11. SEVERANCE

If any provision of the Contract is or becomes illegal, invalid or unenforceable in any jurisdiction, that shall not affect the legality, validity or enforceability in that jurisdiction of any other provision of the Contract or the legality, validity or enforceability in any other jurisdiction of that or any other provision of the Contract.

13. ENTIRE AGREEMENT

The Contract constitutes the entire agreement and understanding of the parties and supersedes any previous agreements or negotiations between the parties relating to the subject matter hereof.

14. RIGHTS OF THIRD PARTIES

A person who is not party to the Contract shall have no right to enforce any term of the Contract.

15. GOVERNING LAW AND JURISDICTION

The Contract shall be governed and construed in accordance with the Law of Switzerland. Each party hereby irrevocably submits to the exclusive jurisdiction of the Switzerland courts as regards any claim, dispute or matter arising out of or relating to the Contract and its implementation and effect.

16. OUR CONTACT DETAILS

Sigmapuzzle Sàrl
36 Cardinal Mermillod
Geneva
1227
Switzerland
+41 22 575 43 55

For any further information please email Bima Team

This document was last updated on May 6th, 2015