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.
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.
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.
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.
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.
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.
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;
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.
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.
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.
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.
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.
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.
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.
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.
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.
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
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.
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.
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.
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.
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
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