customercare@trucklagbe.com

+880 9638 000 245

Terms & Conditions

Truck Lagbe Limited is a private limited Company incorporated under the Companies Act, 1994, with its registered head office situated at 107, Motijheel C/A, Dhaka-1000, (“Company” or “TL”).

TL has developed, under the brand name “Truck Lagbe”, mobile/web based online platforms, (hereinafter referred to as, “Application”),as well as a website at the address, https://www.trucklagbe.com along with associated websites and sub-domains (“Sites”) to connect vehicle owners, drivers, collaborators, transport agency owners, transport manager and operators (“Transportation Service Provider” or “TSP”) ,service provider with individuals and entities in need of transportation & shifting services.

By downloading and installing and then using the Application and/or Sites by clicking on the button “Continue”, you hereby expressly acknowledge and agree to be bound by these terms of use (“Terms of Use”) and any future amendments and additions to the Terms of Use as published from time to time by TL through the Application and/or Sites.

  1. SCOPE OF SERVICES AND OBLIGATIONS OF TL

    1. The Application and/or Sites of TL enable you to request transportation services for the carriage of goods and subsequently connect you with TSPs (Transportation Service Providers) who provide the transportation services (“Services”). The Services provided by TL include the facilitation of shifting services for house or office relocation through third-party service providers. TL acts only as an intermediary and does not directly provide moving services.
    2. The Company offers you information, methods, and an online platform to schedule, arrange, communicate, and establish contact with TSPs. However, the Company does not provide transportation services or act as a TSP, and is not responsible or liable in any way for the acts, omissions, or illegal acts of any TSP through the Application and/or Sites. The Services provided by TL consist solely of linking you with TSPs via the Application and/or Sites.
    3. TL shall use its best efforts to fulfill your transportation service requests submitted via the Application and/or Sites.
    4. The Company reserves the right to modify or change these Terms of Use, including any referenced policies or codes that form part of these Terms, at any time at its discretion. Such modifications or changes shall become effective immediately upon posting an updated version on the Application and/or Sites. You acknowledge your responsibility to review these Terms regularly. Your continued use of the Services following any changes, whether or not you have reviewed them, constitutes your acceptance of such changes.
    5. The transportation services are provided under a freelance model, and TSPs are not employees of TL.
  2. RESTRICTIONS ON ASSIGNMENT

    1. The Company and its licensors, where applicable, grant you a revocable, non-exclusive, non-transferable, non-assignable, personal, limited license to use the Application and/or Sites solely for your personal purposes, subject to this Agreement. All rights not expressly granted to you are reserved by the Company and its licensors.
    2. Your use of the Application and/or Sites must be strictly personal. Any use by a person other than you, as identified at the time of account creation, shall be conducted under your full responsibility.
    3. You shall not:
      1. License, sublicense, sell, resell, market, transfer, assign, distribute, or otherwise commercially exploit or make the Application and/or Sites available to any third party;
      2. Modify or create derivative works based on the Application and/or Sites;
      3. Create internet links to the Application or frame or mirror the Sites on any other server or wireless or internet-based device;
      4. Reverse engineer or access the Application and/or Sites to:

        • Build a competitive product or Service
        • Build a product using similar ideas, features, functions, or graphics
        • Copy any ideas, features, functions, or graphics
      5. Launch any automated program or script, including but not limited to web spiders, crawlers, robots, ants, indexers, bots, viruses, or worms, or any program that may:

        • Make multiple server requests per second
        • Unduly burden or hinder the operation or performance of the Application and/or Sites
      6. Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to:

        • Retrieve, index, or data mine
        • Circumvent the navigational structure or presentation of the Service or its contents
      7. Post, distribute, or reproduce any copyrighted material, trademarks, or other proprietary information without obtaining prior consent from the owner of such proprietary rights;
      8. Remove any copyright, trademark, or other proprietary rights notices contained in the Services.
    4. You shall not use the Sites and/or Application to:

      1. Send spam or other duplicative or unsolicited messages;
      2. Send or store any material that is infringing, obscene, threatening, libelous, or otherwise unlawful or tortious, including materials that may be harmful to children or violate third-party privacy rights;
      3. Transmit any material containing viruses, worms, trojan horses, or other harmful computer code, files, scripts, agents, or programs;
      4. Interfere with or disrupt the integrity or performance of the Sites and/or Application or their contained data;
      5. Attempt to gain unauthorized access to the Sites and/or Application or their related systems or networks;
      6. Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity.
    5. You shall refrain from any conduct that could damage or potentially harm the Company’s reputation or be considered disreputable.
  3. BLACKLIST AND REFUSAL

    The Company reserves the right, at its sole and absolute discretion, to temporarily or permanently blacklist a Shipper and deny their access to the Application and/or Sites or any part thereof. This action may be taken for any reason the Company deems appropriate, including but not limited to complaints received from TSPs or Company employees regarding the Shipper’s behavior or interactions with any party (including TSPs, Company employees, law enforcement, or government authorities) during their use of the Service.

  4. RIGHTS & OBLIGATIONS OF THE SHIPPER

    • Verification: Before loading goods onto the TSP’s vehicle, the shipper must verify that the vehicle registration number and other relevant details match the information displayed on the Applications and/or Sites. The shipper must immediately inform TL and cancel the trip if any discrepancy is found.
    • Inspection: Prior to commencing the shifting process, shippers must inspect all items and inform the service provider/expert of any pre-existing damage. Any claims for damage or loss must be reported directly to the service provider/expert during the move.
    • Packing Responsibilities: Shippers bear responsibility for the proper packing and securing of their belongings. While the service provider/expert may offer packing assistance, the platform makes no guarantees regarding the quality or adequacy of any provided packaging materials or services.
    • Location Accessibility: Shippers must ensure both pickup and drop off/delivery locations are readily accessible to the service provider/expert, with items prepared for transport at the agreed-upon time.
    • Pre-Move Invoice: Shippers will receive a detailed pre-move invoice listing all items to be moved (e.g., furniture, electronics). This invoice will serve as the basis for resolving any disputes regarding the move.
    • Post-Move Inspection: Upon completion of the move, shippers must inspect all delivered goods. Any discrepancies must be reported to the service provider/expert immediately following delivery. Failure to raise concerns at this time will constitute acceptance that services have been satisfactorily completed.
    • Acknowledgment of Receipt: By signing the delivery acknowledgment or confirming receipt through the platform, shippers attest that all items have been received and are in satisfactory condition. This confirmation serves as final acceptance of the service.
    • Information Accuracy: You are solely responsible for providing accurate, complete, and sufficient details to TL and/or the TSP to facilitate successful collection and delivery of goods. Neither TL nor the TSP shall bear liability for delays, misdeliveries, or additional costs resulting from incomplete or incorrect information provided by the shipper.
  5. REPRESENTATION AND WARRANTIES

    1. Age and Capacity You represent and warrant that you are at least eighteen (18) years of age. If you are under eighteen, you warrant that you are using the Services under the direct supervision and consent of an adult. You further represent and warrant that you possess the right, authority, and capacity to use the Services and accept these Terms of Use.
    2. Information Accuracy You represent that all information provided to TL is true, accurate, current, and complete. You agree to promptly notify the Company of any changes to this information.
    3. Personal Use and Account Control You warrant that your use of the Services is strictly for your personal use. You agree not to authorize others to use your identity or user status, and you shall not transfer or assign your user account to any other person or entity.
    4. Access and Authorization You warrant that you will access the Services only through authorized and legal means. You further represent that you are either the owner of the goods to be transported or the duly authorized representative of the owner.
    5. Legal Authority You warrant that you have the legal right and full authority to enter into this agreement through your acceptance of these Terms of Use and to perform all obligations hereunder. You represent that the obligations assumed under this agreement are legal, valid, and binding.
    6. Compliance You represent that your entry into and performance of obligations under this agreement will not:
      1. Violate any existing law, statute, order, treaty, rule, or regulation applicable to you
      2. Breach any provision of your articles of association, bylaws, constitutional documents, trust deeds, investment management agreements, mandates, or other binding restrictions
    7. Service Restrictions The Services are not available to persons under eighteen (18) years of age or to those legally prohibited from entering into contractual relationships for any reason.
  6. SERVICE FEES AND PAYMENT

    1. Upon entering a vehicle type, pick-up point, and drop-off point into the Application and/or Sites, you will receive a delivery fare quote. By confirming the delivery request, you agree to pay the quoted delivery fare and any additional charges that may be imposed during transportation. If either party disagrees with the delivery fare and/or additional charges, the Shipper must contact the Truck Lagbe helpline before making any payment.
    2. You may pay for the transportation Service via cash, TL Credits, or any mutually agreed-upon method between you and the TSP. By selecting a particular payment method, you agree to the terms of service of the respective payment processing TSP and your financial institution. You shall bear all fees charged by such processing TSPs and/or your financial institution (if any) for your selected payment method. For shifting services, you agree to pay the agreed-upon fees directly to the TSP.
    3. Payment for the transportation Service shall occur as mutually agreed upon between you and the TSP, either before or after trip completion and upon delivery of goods to the designated destination point using the Services.
    4. The fare provided to the TSP is non-refundable. This no-refund policy applies at all times regardless of your decision to terminate usage, TL’s decision to terminate or suspend your usage, or any disruption to the Services, whether planned, accidental, or intentional, or for any other reason.
    5. Failure to comply with the aforementioned requirements may result in blacklisting, and your ability to use the Services shall be suspended until compliance is achieved.
    6. The Company may, at its sole discretion, offer promotions with different features and rates, which shall be honored accordingly. The Company reserves the right to modify the basis for fare determination as it deems necessary or appropriate for business purposes.
    7. No physical receipts will be provided. An electronic receipt will be automatically generated after order/trip completion and displayed on the Application or Sites.
    8. Any complaints regarding the transportation Service provided by the TSP must be addressed directly with the TSP.
    9. The Company reserves the right to suspend the processing of any transaction if it reasonably believes the transaction may be fraudulent, illegal, involves criminal activity, or if you are in breach of the Terms of Use.
  7. THIRD PARTY INTERACTIONS

    1. While using the Services, you may engage in correspondence with, purchase goods and/or services from, or participate in promotions of third-party providers, advertisers, or sponsors offering their goods and/or services through the Services, Sites, and/or Application. Any such activity and associated terms, conditions, warranties, or representations are solely between you and the applicable third party. The Company bears no liability, obligation, or responsibility for any correspondence, purchase, transaction, or promotion between you and such third parties. The Company does not endorse any applications or sites linked through the Services, Application, and/or Sites, and shall not be responsible for any content, products, services, or materials available from such sites or third-party providers. While the Company provides Services pursuant to the Terms of Use, certain third-party providers may require your agreement to additional or different terms prior to accessing their goods and/or services. The Company is not party to and disclaims all responsibility arising from such agreements between you and third-party providers.
    2. The Company may utilize third-party advertising and marketing through the Services and other mechanisms to subsidize the Services and/or generate additional revenue. By accepting the Terms and Conditions, you consent to receive such advertising and marketing. Should you wish to opt out, notify us in writing or follow the Company’s designated procedure. The Company reserves the right to charge higher fees or deny Service access if you decline these advertising services. You authorize the Company to compile and release anonymized information regarding your Service usage as part of shipper profiles or similar analyses. You acknowledge your responsibility to exercise caution in all interactions with third-party providers, advertisers, and sponsors through the Services and associated marketing materials.
  8. REPAIR OR CLEANING FEES

    1. You shall bear the cost of repairs or cleaning if the TSP’s vehicle sustains damage or requires cleaning due to your negligent use or willful misuse. The Company reserves the right to demand reasonable compensation for such repairs or cleaning on the TSP’s behalf.
  9. DELAY & STORAGE CHARGES

    1. You shall pay delay and demurrage charges to the TSP for any delays in loading or unloading consignments, unless it is proven beyond reasonable doubt that the delay resulted from the TSP’s sole negligence. b) Delay or demurrage charges shall be calculated according to the “Delay Charges and Cancellation Policy” referenced herein.
    2. If the TSP delivers on schedule but you fail to unload or delay unloading the consignments, you shall compensate the TSP for any warehousing or storage costs incurred while maintaining custody of the consignments and/or goods, including storage within the vehicle pending unloading
  10. CANCELLATION CHARGES

    1. You shall be liable for cancellation charges, as mutually agreed upon between TSP and shipper, if you cancel or revoke the transportation service request after the TSP has arrived at the loading point
  11. TAXES

    1. All payments from you to the TSPs shall be subject to applicable taxes.
  12. PRIVACY & DATA PROTECTION

    You shall maintain the confidentiality of all information and data relating to the Company, including its services, products, business affairs, marketing and promotion plans, and other operations of the Company and its associated companies. This applies to information disclosed to you by or on behalf of the Company, whether orally or in writing, before, on, or after the date of this agreement, as well as information directly or indirectly acquired from the Company or its affiliated companies, or created while rendering the Services. This confidential information shall be used solely for performing the Services, and you shall not disclose it to any third party or use it for any other purpose without the Company’s prior written consent. You shall comply with and abide by the Company’s Privacy Policy.

  13. INDEMNIFICATION

    By accepting the Terms of Use, you agree to defend, indemnify, and hold harmless the Company, its parent organizations, subsidiaries, affiliates, officers, directors, members, employees, attorneys, and agents from and against any claims, costs, damages, losses, liabilities, and expenses (including attorneys’ fees and costs) arising from or in connection with: (a) your violation or breach of any term of the Terms of Use or any applicable law or regulation, including local laws or ordinances, whether referenced herein or not; (b) your violation of any third party’s rights, including but not limited to TSPs, accompanying personnel on the TSP’s vehicle or the vehicle itself, other motorists, and pedestrians, resulting from your interactions with any third party; and (c) your use or misuse of the Application and/or Sites.

  14. DISCLAIMER

    1. The Company provides no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability, availability, accuracy, or completeness of the Services, Application, and/or Sites. Furthermore, the Company does not represent or warrant that: (i) use of the Services, Application, and/or Sites will be secure, timely, uninterrupted, error-free, or compatible with other hardware, sites, systems, or data; (ii) the Services will fulfill your requirements or expectations; (iii) stored data will maintain accuracy or reliability; (iv) products, services, information, or other materials obtained through the Application and/or Sites will meet your requirements or expectations; (v) errors or defects in the Application and/or Sites will receive correction; (vi) the Application and/or Sites remain free of viruses or other harmful components; or (vii) the Application and/or Sites track you or vehicles during transportation. The Service operates strictly on an “as is” basis. All conditions, representations, and warranties—whether express, implied, statutory, or otherwise—including any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights, are hereby excluded and disclaimed to the maximum extent permitted by law.
    2. The Company offers no representation, warranty, or guarantee regarding the reliability, safety, timeliness, quality, suitability, or availability of any services, including transportation services, provided through the Services, Applications, and/or Sites. All parties acknowledge and agree that any risks arising from such service use remain solely and absolutely with the TSPs, and neither the TSP nor you shall have any recourse against the Company
  15. INTERNET DELAYS

    The Services, Applications, and/or Sites may experience limitations, delays, and other issues inherent to internet and electronic communications, including device-related problems such as faulty hardware, connectivity issues, out-of-range conditions, or non-functioning equipment. The Company bears no responsibility for any delays, delivery failures, damages, or losses resulting from such technical difficulties.

  16. LIMITATION OF LIABILITY OF TL

    1. TL’s responsibility extends only to facilitating the search for a TSP to fulfill your transportation service requirements as communicated through the Application and/or Sites.
    2. The TSP bears sole responsibility for transport Service performance. TL accepts no liability for vehicle unavailability, delays, non-performance, or inadequate performance of transportation Services by the TSP.
    3. The TSP, not TL, assumes complete responsibility for all claims, judgments, and liabilities arising from accidents, losses, or damages, including but not limited to personal injuries, death, and property damage. This encompasses incidents resulting from transportation services rendered, TSP acts or omissions, inadequate vehicle control, incompetence, lack of road awareness, or any other TSP-attributable causes during service delivery.
    4. Users must verify and ensure the use of correct, updated versions of the Application and/or Sites on their devices. The Company assumes no liability for device incompatibility or incorrect application versions. The Company reserves the right to terminate Services if used for purposes outside the intended scope of the Application and/or Sites.
    5. While TL employs reasonable efforts to verify vehicle roadworthiness, driver National Identification (NID) authenticity, vehicle ownership, and required documentation (including permits, licenses, fitness certificates, tax tokens, and registration documents), it bears no liability for undiscovered deficiencies. Users shall conduct independent due diligence and provide the TSP with a satisfaction certificate before loading consignments and/or goods.
  17. 16.1 LIABILITY DURING SHIFTING

    1. The assigned service provider/expert bears sole responsibility for goods lost, damaged, or stolen during the shifting process. All related claims must be reported directly to the service provider/expert before departing the unloading premises.
    2. Shippers should perform thorough item inspections immediately following unloading and prior to receipt acknowledgment. The service provider/expert may decline to address claims reported after premises departure.
  18. NOTICE

    The Company may issue notices through general announcements on the Application and/or Sites, electronic mail to your registered email address, or written communication via registered mail or pre-paid post to your address. Such notices take effect 48 hours after mailing, publishing, or posting. You may notify the Company via courier or registered mail using the contact details provided in the Application and/or Sites, with notice considered effective upon Company receipt.

  19. DISPUTE RESOLUTION, GOVERNING LAW & JURISDICTION

    In the event of a dispute arising from or in connection with this agreement, as constituted by your acceptance of the Terms of Use, the Parties shall first attempt to resolve the matter through good faith discussions. The aggrieved Party must initiate this process by providing written notice to the other Party within 30 (thirty) days, detailing the dispute and requesting consultation between the Parties.

    If the dispute remains unresolved after the 30-day discussion period, the Parties shall submit the matter to arbitration by a sole arbitrator under the Arbitration Act 2001 of Bangladesh. The arbitration shall take place in Dhaka, Bangladesh, with proceedings conducted in English. The arbitrator’s decision shall be final and binding upon both Parties.

    This Agreement shall be governed by and interpreted according to the laws of Bangladesh, with the courts of Bangladesh holding exclusive jurisdiction.

  20. 18.1 DISPUTES ARISING FROM SHIFTING SERVICE

    For shifting services, shippers must report any discrepancies or damages, such as missing or damaged items, directly to the assigned service provider/expert while referencing the original invoice. The service provider bears sole responsibility for resolving such claims, including compensation or replacement of damaged goods.

    TL functions solely as an intermediary platform connecting shippers with service providers/experts. As such, TL is not party to contracts between shippers and service providers/experts and disclaims all liability for disputes, damages, losses, or outcomes arising from these services.

    To support potential claims, shippers should document all discrepancies immediately and maintain appropriate evidence, including photographs and signed statements. All disputes and claims shall be resolved according to the service provider’s established policies.

  21. ENTIRE AGREEMENT

    This agreement, comprising your acceptance of the Terms of Use, policies, codes, and any other referenced rules or terms, constitutes the complete agreement between you and TL regarding your use of the Application and/or Sites. It supersedes all prior written or oral understandings, agreements, and representations between you and TL relating to such usage.

  22. FORCE MAJEURE

    Under this agreement, force majeure refers to events beyond a Party’s reasonable control that prevent the fulfillment of contractual obligations. Neither Party shall bear liability for delays or failures in performing their obligations when caused by force majeure conditions.

    Force majeure encompasses unforeseeable or unavoidable events, including but not limited to:

    • Wars, hostilities, invasions, or acts of foreign enemies
    • Lockdowns, hartals, and extreme traffic conditions
    • Rebellions, terrorism, revolutions, or civil wars
    • Natural disasters such as pandemics, earthquakes, hurricanes, typhoons, floods, or volcanic activity
    • Nuclear, chemical, or biological contamination
    • Structural collapses, explosions, and fires
    • Sabotage by non-Party personnel
    • Military actions or usurped power

    A Party affected by force majeure must notify the other Party within two (2) days of the event’s occurrence, providing complete details about the nature and cause of the event

  23. WAIVER

    Neither any failure to exercise nor any delay in exercising on the part of TL of any right or remedy under this Agreement shall operate as a waiver, nor shall any single or partial exercise of any right or remedy prevent any further or other exercise thereof or the exercise of any other right or remedy.

  24. SEVERABILITY

    If any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision of this Agreement. This Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein.

  25. INTERPRETATION

    Rights, obligations, and terms that may reasonably be inferred or implied from those expressly mentioned in the Terms of Use shall be deemed to be incorporated therein.

  26. MISCELLANEOUS

    1. No joint venture, partnership, employment, or agency relationship exists between you, the Company, or any third-party provider as a result of the Terms of Use or use of the Services.
    2. The Company is entitled to terminate the Services to you immediately if you are found to be in breach of any terms in the Terms of Use. For the avoidance of doubt, the termination of Services shall not require the Company to compensate, reimburse, or cover any costs incurred by you, including but not limited to credit reserved with the Company or any other monies paid to the Company in the course of performing your obligations under this Agreement.
    3. For the benefit of shippers, from now on, whenever a request is made for vehicles with 18 feet or more (up to trailer trucks), the shipper’s mobile number will be visible to the Owners and Drivers. Similarly, when an Owner or Driver places a bid, their mobile number will also be visible to the shipper, which will apply without any tag or precondition.
The terms and conditions stated herein (hereinafter referred to as the “Terms and Conditions” or the “Agreement”) constitute a Legal agreement between you and Truck Lagbe Limited.

Truck Lagbe Limited, a private limited Company incorporated under the Companies Act, 1994, with its registered head office situated at 107, Motijheel C/A, Dhaka-1000, (hereinafter referred to as the “Company” or “TL”).

The Company has developed, under the brand name “Truck Lagbe”, mobile/web based online platforms, (hereinafter referred to as “Application”), as well as a website at the address, https://www.trucklagbe.com along with associated websites and sub-domains (hereinafter referred to as “Sites”) to connect vehicle owners, drivers and operators with individuals and entities in need of transportation services.

By downloading, installing and/or using the Application and/or Sites, you hereby expressly acknowledge and agree to be bound by the Terms and Conditions, and any future amendments and additions to this Terms and Conditions as published from time to time by the Company through the Application and/or Sites. If you do not agree to or fall within the terms and conditions and wish to discontinue using the Service, please do not continue to use this Application, Sites and/or Services.

 

1. SCOPE OF SERVICES
a) The Application and/or Sites allow the user of the Application and/or Sites seeking transportation services (hereinafter referred to as “the Customer” or the “Shipper”) to request transportation services of goods and subsequently be linked with you, who shall provide the transportation services (hereinafter referred to as the “Services”).

b) The Company is a technology Company which does not provide or engage in any transportation services and is not a transportation provider in any way. The Application and/or Sites are solely intended to be used for facilitating you to provide transportation services to a Customer.

c) The Company offers you information, method and online platform for you to schedule, arrange, communicate, obtain and establish contact with Customer (hereinafter referred to as “Services”) but does not and does not intend to provide transportation services or act in any way as a taxi operator, transportation provider or driver, and has no responsibility or liability for any transportation services provided to Customers by you. Since the Services provided by the Company consists solely of a linking Service via the Application and/or Sites between the Customers and you, the Company is not responsible or liable for the quality of transportation services provided by you.

d) The Company’s responsibility is limited to the search for a driver as indicated by the Customer. The Company shall implement its best efforts to meet the demand of the Customer as soon as possible.

e) The Company reserves the right to modify, vary or change the Terms and Conditions or its policies relating to the Services at any time as it deems fit. Such modifications, variations or changes to the Terms and Conditions relating to the Services shall be effective upon the posting of an updated version on the Application and/or Sites. You agree that it shall be your responsibility to review this Agreement regularly whereupon the continued use of the Services after any such changes, whether or not reviewed by you, shall constitute your consent and acceptance to such changes.

f) It is agreed that the services for transportation of goods is operated on the basis of a freelancing model and you are not employees of the Company. You shall, at all time, not claim or cause any person to misunderstand that you are the agent, employee or staff of the Company, and the services provided by you are not, in anyway, to be deemed as services of the Company. You, not the Company, shall be solely responsible for any and all claims, judgements and liabilities resulting from any accident, loss or damage including, but not limited to personal injuries, death, property damage arising out of the transportation services rendered.

 

2. LICENSE
The Company hereby grants you a revocable, non-exclusive, non-transferable, non-assignable, personal, limited license to use the Application and/or the Sites, solely for your own personal purpose, subject to this Agreement. All rights not expressly granted to you are reserved by the Company.

 

3. RESTRICTIONS
a) The use of the Application and/or Sites are strictly personal. If you allow any other person to use the Application and/or Sites, it shall be at your sole responsibility for that person and your obligations under this Agreement shall remain unaffected.

b) You shall not:

i. license, sublicense, sell, resell, market, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Application and/or the Sites in any way;

ii. modify or make derivative works based on the Application and/or the Sites;

iii. create internet “links” to the Application or “frame” or “mirror” the Sites on any other server or wireless or internet-based device;

iv. reverse engineer or access the Application and/or Sites in order to (a) build a competitive product or Service, (b) build a product using similar ideas, features, functions or graphics of the Application and/or the Sites, or (c) copy any ideas, features, functions or graphics of the Application and/or the Sites,

v. launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Application and/or the Sites,

vi. use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents;

vii. post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights,

viii. remove any copyright, trademark or other proprietary rights notices contained in the Services.

c) You shall not use the Sites and/or the Application to:

i. send spam or otherwise duplicative or unsolicited messages;

ii. send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including but not limited to materials harmful to children or violative of third party privacy rights;

iii. send any material containing viruses, worms, trojan horses or other harmful computer code, files, scripts, agents or programs;

iv. interfere with or disrupt the integrity or performance of the Sites and/or the Application or the data contained therein;

v. attempt to gain unauthorized access to the Sites and/or the Application or its related systems or networks; or

vi. impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity

d) You shall abstain from any conduct that could possibly damage the Company’s reputation or amount to being disreputable.

 

4. BLACKLIST AND REFUSAL
Notwithstanding anything herein written, the Company may, at its sole and absolute discretion, blacklist you permanently or temporarily and reject your request to use the Application and/or Sites or any part thereof for such reasons as it deems fit, including but not limited to receiving complaints from Customers or employees of the Company about your behaviour or interaction with anyone whatsoever (including but not limited to Customers, Company’s employees, law enforcement, government authorities) or driving with a competence lower than reasonably expected or negotiating with Customers, for a price, destination etc, different from the one initially provided.

 

5. RIGHTS & OBLIGATIONS OF DRIVER
a) Before collection of goods, you can carry out an inspection of the exterior of the sealed package of the goods in order to ensure that they are visibly fine.

b) After collecting goods from the pick-up point, you must sign a receipt stating that you have received the products in good conditions. Hence, any damage or defect caused to the product while they are in your possession, shall be your responsibility and must be compensated for personally by you.

c) You must comply with and abide by the relevant laws of Bangladesh. Failure to abide by the laws of Bangladesh may result in immediate termination of this Agreement and cessation of Services.

d) You must comply with and abide by the Code of Conduct for Fleet or Truck Owners and Drivers.

e) The stated time discussed between the Customer and you is an estimate and shall not in any way bind you nor the Company. In certain situations, including but not limited to, strikes, other events, adverse weather conditions or extreme traffic etc., the Company and/or you reserves the right to limit the Services and transportation services.

f) You have the right to refuse to pick up and transport the goods of the Customer due to the nature of the goods (e.g. illegal and/or dangerous goods which pose a danger to the security of the vehicle or you, etc.).

g) Once an arrangement has been agreed between you and the Customer, both parties can mutually discuss and modify it.

h) You shall complete every transportation Service that you have agreed to with a Customer.

Any damage, harm, theft or loss of goods during transportation caused due to your criminal or negligent act, shall make you liable for the damage, theft or loss. The Company shall extend all reasonable assistance to the Customer to take any Legal action against you.

i) You shall promote and uplift the best interests of the Company. If you are engaged in activity which is adverse to the business of the Company, the Company reserves the right to terminate the Services to you.

j) You shall:

i. obey all local laws related to the operation of transportation services and shall be solely responsible for any violations of such local laws;

ii. only use the Services for lawful purposes;

iii. only use the Services for the purpose for which it is intended to be used;

iv. not use the Application and/or Sites for sending or storing any unlawful material or for fraudulent purposes;

v. not use the Application and/or the Sites to cause nuisance, annoyance, inconvenience or make fake bookings;

vi. not use the Application and/or Sites for purposes other than obtaining the Services;

vii. not contact the Customers for purposes other than providing transportation services;

viii. not impair the proper operation of the network;

ix. not hinder or harm the operation of the Services, Application and/or the Sites in any way whatsoever;

x. keep secure and confidential the account password or any identification which allows access to the Services

xi. only use one authorized access point or data account (AP);

xii. not employ any means to defraud the Company or enrich oneself, through any means, whether fraudulent or otherwise, whether or not through any event, promotion or campaign launched by the Company;

xiii. not use the Services or any part thereof for carrying contraband items as may be listed publicly and/or updated by the Company from to time

k) You agree to abide by the “Delay charges and Cancellation Policy” found here.

 

6. REPRESENTATION AND WARRANTIES
a) By using the Services, you expressly represent and warrant that you are legally entitled to accept and agree to the Terms and Conditions and that you are at least eighteen (18) years old. Without limiting the generality of the foregoing, the Services are not available to persons under the age of eighteen (18) or such persons that are forbidden for any reason whatsoever to enter into a contractual relationship.

b) You further confirm that all the information provided shall be true and accurate. Any update of information must be duly and promptly communicated by you to the Company.

c) Your use of the Services is for your own sole, personal use. You undertake not to authorize others to use your identity or status, and shall not assign or otherwise transfer your user account to any other person or entity. When using the Services, you agree to comply with all applicable laws of Bangladesh.

d) You may only access the Services using authorized and Legal means. It is your responsibility to check and ensure that the correct and updated version of the Application and/or Sites are used on your device. The Company is not liable if you do not have a compatible device or have downloaded or used the wrong version of the Application and/or Sites. The Company reserves the right to terminate this Agreement should you use the Services for purposes other than which the Application/Sites is intended to be used.

e) You have the Legal right and full power and authority to use the Services, enter into the Agreement and to perform its obligations under the Agreement.

f) You have obtained all authorisations and all other applicable governmental, statutory, regulatory or other consents, clearances, approvals, licences, waivers or exemptions required to empower you to enter into and to perform your obligations under the Agreement.

g) The obligations expressed to be assumed by you under this Agreement are Legal, valid and binding upon it.

h) Entry into and performance by you of your obligations under, the Agreement will not contravene any existing law, statute, order, treaty, rule or regulation applicable to you.

i) You shall use its best efforts to ensure that the Vehicles used to provide transportation services to the Client under the Agreement are in a roadworthy condition.

j) You agree that you will cooperate in relation to any criminal investigation that is required and to assist the Company in complying with any internal investigations, instructions from the authorities or requirements of prevailing laws, rules or regulations for the time being in force.

k) By using the Services, a you represents, warrants, undertakes and agrees that you shall:

i. possess a valid driver’s license and is authorized to operate a motor vehicle and has all the appropriate licenses, approvals and authority to provide transportation for hire to third parties in Bangladesh;

ii. own, or have the Legal right and authority to operate, the vehicle which will be used for transporting goods and such vehicle is in good operating condition and meets the industry safety standards for vehicles of its kind;

iii. provide to the Company such information and identity documents, including but not limited to National ID Card, photographs and Driver’s Licenses, as reasonably requested by the Company;

iv. understand and acknowledge that the Company may take up to seven (7) working days to verify all identity documents

v. be solely responsible for any and all claims, judgments and liabilities resulting from any accident, loss or damage including, but not limited to personal injuries, death, total loss and property damages which is due to or is alleged to be a result of the transportation Service howsoever operated;

vi. use reasonable efforts to verify that the vehicles used to provide transportation services to the Customers have all necessary and relevant permits, licenses, and approvals including fitness certificate, tax token, road permit and registration documents.

vii. provide necessary proof of identity that the Company may reasonably request or require;

viii. provide accurate, current and complete information as required for the Services and undertake the responsibility to maintain and update all information in a timely manner. You agrees that the Company may rely on your information as accurate, current and complete and acknowledges that if the information is untrue, inaccurate, not current or incomplete in any respect, the Company has the right to terminate this Agreement and your use of the Services at any time with or without notice;

 

7. PAYMENT TERMS
a) You shall be liable to pay the Company a fee (“Service Fee”) in consideration for availing the Services provided to you through the Application and/or Sites. The Service Fee shall be a percentage of the fare paid to you by the Customer and shall be determined

and subsequently changed from time to time by the Company, at its sole discretion.

b) The Service Fees are non-refundable and are due immediately after the completion of every transportation Service. This no-refund policy shall apply at all times regardless of your decision to terminate your usage, the Company’s decision to terminate or suspend a your usage, disruption caused to the Services either planned, accidental or intentional, or any reason whatsoever.

c) The payment for the transportation Service including the Service Fee, takes place as mutually agreed upon between the Customer and you. It can either be before or after the delivery of goods.

d) You shall, on your own accord, deposit the Service Fee in favour of the Company in such method, and to such person, as determined by the Company from time to time. You may be blacklisted for failure to comply with the aforesaid requirement and that your ability to use the Services shall be barred until due compliance is made in this regard.

e) The Company may, at its sole discretion, make promotional offers with different features and different rates to any Customers whereby these promotional offers shall accordingly be honored by you.

 

8. PAYMENT BY CUSTOMER
a) The Customer may choose to pay for the transportation Service by cash or by any means agreed mutually between you and the Customer.

b) Any complaints that the Customer shall have regarding the transportation Service provided, shall be taken up by the Customer with you directly.

c) The Company retains the right to suspend the processing of any transaction where it reasonably believes that the transaction may be fraudulent, illegal or involves any criminal activity or where it reasonably believes the Customer to be in breach of the Terms and Conditions between the Customer and the Company. In such an event, you shall not hold the Company liable for any withholding of, delay in, suspension of or cancellation of, any payment owed to you.

 

9. TAXES
This Agreement shall be subject to all prevailing statutory taxes, duties, fees, charges and/or costs, however denominated, as may be in force and in connection with any future taxes that may be introduced at any point of time. You shall use your best efforts to do everything necessary and required by the relevant laws to enable, assist and/or defend the Company to claim or verify any set off, rebate or refund in respect of any taxes paid or payable in connection with the Services supplied under this Agreement.

 

10. PRIVACY & DATA PROTECTION
You shall comply with and abide by the Privacy Policy of the Company which includes but is not limited to, collection of information, use of information, share of information, communication, protection of data, etc.

 

11. INDEMNIFICATION
By agreeing to this Agreement for providing the Services, you agree that you shall defend, indemnify and hold the Company and each such party’s parent organizations, subsidiaries, affiliates, officers, directors, members, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with: (a) your violation or breach of any term of this Terms and Conditions or any applicable law or regulation, including any local laws or ordinances, whether or not referenced herein; (b) your violation of any rights of any third party, including, but not limited to Customers, passengers of your vehicle or the vehicle that you have control over, other motorists, and pedestrians, as a result of your own interaction with any third party (c) your use (or misuse) of the Application and/or Sites; and (d) your ownership, use or operation of a motor vehicle or passenger vehicle, including your transportation services of goods via the Services.

 

12. DISCLAIMER
The Company makes no representation, warranty, or guarantee as to the reliability, timeliness, quality, suitability, availability, accuracy or completeness of the Services, Application and/or the Sites. The Company does not represent or warrant that (a) the use of the Service, Application and/or the Sites will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, sites, system or data, (b) the Services will meet your requirements or expectations, (c) any stored data will be accurate or reliable, (d) the quality of any products, services, information, or other materials purchased or obtained through the Applications and/or Sites will meet your requirements or expectations, (e) errors or defects in the Applications and/or the Sites will be corrected, or (f) the Applications and/or Sites are free of viruses or other harmful components, or (g) the Application and/or the Sites tracks you and/or the vehicle used during transportation. The Service is provided strictly on an “as is” basis. All conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights, are hereby excluded and disclaimed to the highest and maximum extent.

 

13. INTERNET DELAYS
The Services, Application and/or the Sites may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications. The Company is not responsible for any delays, delivery failures, damages or losses resulting from such problems.

 

14. LIMITATION OF LIABILITY
a) Any claims against the Company by you shall in any event be limited to the aggregate amount of all amounts actually paid by and/or due from you in utilising the Services during the event giving rise to such claims. In no event shall the Company be liable to you, any driver or anyone for any direct, indirect, punitive, economic, future special, exemplary, incidental, consequential or other damages or losses of any type or kind (including personal injury of any kind whatsoever including loss of life or limbs or serious harm of any kind whatsoever, emotional distress and loss of data, goods, revenue, profits, use or other economic advantage). The Company shall not be liable for any loss, damage or injury which may be incurred by or caused to you or to any person for whom you have booked the Service for, including but not limited to loss, damage or injury arising out of, or in any way connected with the Services, Application and/or the Sites, including but not limited to the use or inability to use the Services, Application and/or the Sites, any reliance placed by you on the completeness, breach of your obligations udner this Agreement, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any Customer, passenger or third party application and/or the sites, even if the Company have been previously advised of the possibility of such damages.

b) In any event, the Company shall have no responsibility or liability whatsoever for any damages, injuries, losses of any kind whatsoever suffered by the Customer, either directly or indirectly, because of your act or omission or lack of control over the vehicle or awareness of the road or any other cause that is attributable to you during the course of the transportation Service.

c) Similarly, and in any event, the Company shall not be held responsible or liable in any manner whatsoever for any damage, injuries, losses of any kind whatsoever suffered by you, either directly or indirectly, by the action or omission of a Customer.

d) In no event whatsoever, shall the Company be held responsible or liable, in any manner whatsoever, for criminal investigation by police or other law enforcement authorities, for your actions or inactions nor the actions or inactions of a Customer including but not limited to, for breach of the representations, warranties and acknowledgements made throughout this Terms and Conditions.

e) The Company cannot be held responsible in case of unavailability of any vehicle. In case of your delay, non-performance or improper performance of the transportation Service, the Company cannot be held liable.

f) The Company shall not be responsible for any losses arising out of or in connection with a force majeure, particularly in cases where such non-performance is linked to an impediment beyond the control of the Customer and/or you.

 

15. NOTICE
The Company may give notice by means of a general notice on the Application and/or Sites, electronic mail to your email address in the records of the Company, or by written communication sent by registered mail or pre-paid post to your address. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing, publishing or posting. You may give notice to the Company (such notice shall be deemed given when received by the Company) by letter sent by electronic mail, courier or registered mail to the Company using the contact details as provided in the Application and/or Sites.

 

16. ASSIGNMENT
The Agreement as constituted by the terms and conditions as modified from time to time may not be assigned by you without the prior written approval of the Company but may be assigned without your consent by the Company. Any purported assignment by you in violation of this section shall be void.

 

17. DISPUTE RESOLUTION, GOVERNING LAW & JURISDICTION
a) In the event that a dispute arises from or in connection with this Agreement, the Parties shall attempt in good faith to settle such dispute by mutual discussion within 30(thirty) days of the date of dispute being raised by the aggrieved Party by a written notice to the other Party, identifying the dispute in reasonable detail and requesting consultations between the Parties to resolve the dispute.

b) If the dispute remains unresolved after 30 (thirty) days, the Parties shall refer the dispute to arbitration by a sole arbitrator in accordance with the Arbitration Act 2001 of Bangladesh. The place of arbitration shall be Dhaka, Bangladesh. The language of the Arbitration shall be English. The arbitral award shall be final and binding upon both Parties.

c) This Agreement shall be governed and interpreted in accordance with the laws of the Bangladesh and the courts of Bangladesh shall have exclusive jurisdiction

 

18. AMENDMENTS
Any change and/or amendment/s to this Agreement shall not be valid unless it is done with the mutual consent of the Parties in writing. The changes and amendments made as above to this Agreement shall constitute an inseparable and integral part of this Agreement.

 

19. ENTIRE AGREEMENT
a) This Agreement and all attached annexures, exhibits and schedules set forth shall form the entire Agreement between the Parties with regard to the subject matter hereof constitutes the entire understanding between the Parties and supersedes any prior understandings, agreements, or representations by or between the Parties, written or oral, to the extent they relate in any way to the subject matter hereof.

b) In the event of any conflict between the provisions of the Agreement and the provisions of any attached annexure, exhibits, appendix or schedule, the provisions of this Agreement shall prevail.

 

20. WAIVER
Neither any failure to exercise nor any delay in exercising on the part of the Company of any right or remedy as set out under this Agreement shall operate as a waiver, nor any single or partial exercise of any right or remedy shall constitute a waiver of any further or other right or remedy.

 

21. SEVERABILITY
In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision of this Agreement, but this Agreement shall be construed as if such invalid or illegal or unenforceable provision had never been contained herein.

 

22. INTERPRETATION
Rights and/or obligations and/or terms which may reasonably be inferred or implied from the rights and/or obligations and/or terms expressly mentioned in this Agreement, shall be deemed to be read into the terms of this Agreement

 

23. MISCELLANEOUS
a) This Agreement shall be made and executed in English.

b) No joint venture, partnership, employment, or agency relationship exists between you, the Company or any third party provider as a result of this Agreement or use of the Service.

c) The Company is entitled to terminate this Agreement immediately in the event that you are found to be in breach of any of the terms stipulated in this Agreement. For the avoidance of doubt, the termination of this Agreement shall not require the Company to compensate, reimburse or cover any cost incurred by you, including but not limited to the credit reserved with the Company or any other monies paid to the Company in the course of performance of the your obligations under this Agreement

d) For the benefit of shippers, from now on, whenever a request is made for vehicles with 18 feet or more (up to trailer trucks), the shipper’s mobile number will be visible to the Owners and Drivers. Similarly, when an Owner or Driver places a bid, their mobile number will also be visible to the shipper, which will apply without any tag or precondition.