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”) with individuals and entities in need of transportation 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.
a) The Application and/or Sites of TL allow you to request transportation services for carriage of goods and subsequently be linked with TSPs who shall provide the transportation services (“Services”).
b) The Company offers you information, method and online platform to schedule, arrange, communicate, obtain and establish contact with TSPs but does not and does not intend to provide transportation services or act in any way as a TSP, and is not, in any whatsoever, responsible or liable for the acts and/or omissions or illegal acts of any TSP Application and/or Sites. The Services provided by TL consists solely of a linking Service via the Application and/or Sites between you and the TSP.
c) TL shall use its best efforts to meet your demands for transportation services as communicated via the Application and/or Sites.
d) The Company reserves the right to modify, vary or change the Terms of Use including any policy or code expressly referred to in and forming part and parcel of the Terms of Use at any time as it deems fit. Such modifications, variations or changes to the Terms of Use including any policy or code expressly referred to in and forming part and parcel of the Terms of Use shall be effective upon the posting of an updated version of the same on the Application and/or Sites. You agree that it shall be your responsibility to review the same regularly. Your continued use of the Services after any such changes, whether or not reviewed by you, shall constitute your consent and acceptance to such changes.
e) It is agreed that the services for transportation of goods is operated on the basis of a freelancing model and the TSP is not an employee of TL.
a) The Company and its licensors, where applicable, 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 and its licensors.
b) The use of the Application and/or Sites are strictly personal. The use by any person other than you as specified at the time of opening the account, shall be carried out under your responsibility.
c) 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
d) 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
e. 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 a Shipper permanently or temporarily and reject his/her 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 the TSPs or employees of the Company about your behaviour or interaction with anyone whatsoever (including but not limited to the TSPs, Company’s employees, law enforcement, government authorities) whilst using the Service.
a) Before the goods and/or consignments are loaded on to the vehicles, you shall extend all reasonable cooperation and assistance to the TSP so that he can carry out an inspection of the exterior of the sealed package of the goods.
b) Before handing over the goods to the TSP, you shall ensure that the goods are in a good condition and are securely packaged for transportation.
c) You must comply with and abide by all applicable laws of Bangladesh. Failure to abide by the laws of Bangladesh may result in immediate termination of this Agreement and cessation of Services.
d) Before loading of the goods on the vehicle of the TSP, you must check and verify that the vehicle registration number and other necessary details of the vehicle matches with the number and details shown in the Applications and/or Sites. In the event that the information does not correspond with one another, then the Shipper shall immediately inform TL and cancel the trip.
e) The stated time discussed between you and the TSP is an estimate and shall not in any way bind TSP or TL. In certain situations, including but not limited to, strikes, other events, adverse weather conditions or extreme traffic etc., TL and/or the TSP reserves the right to limit the Services and transportation services.
f) You shall ensure that you do not request any TSP to transport goods which are illegal, prohibited, unlawful, hazardous, dangerous and/or such goods which poses a danger to the security of the TSP and/or driver of the vehicle and/or the vehicle. TL and/or the TSP reserve the right to open and check the goods without prior notice to you if TL and/or the TSP has any reasonable suspicion that the goods may contain or constitute illegal, unlawful, hazardous, dangerous or prohibited items as referred to in the above mentioned provisions and TL and/or the TSP reserves the right to refuse collect and deliver of such goods.
g) Once an arrangement has been agreed between you and the TSP, you may mutually discuss and modify it.
h) You shall at all times be responsible for ensuring that you provide TL and/or the TSP with accurate and sufficient details to enable the TSP to complete the collect and delivery of your goods.
i) You shall promote and uplift the best interests of TL. If you are engaged in activity which is adverse to the business of TL, the Company reserves the right to terminate the Services to you.
j) You shall :
i. only use the Services for lawful purposes;
ii. only use the Services for the purpose for which it is intended to be used which is to obtain the Services;
iii. not use the Application and/or Sites for sending or storing any unlawful material or for fraudulent purposes;
iv. not use the Application and/or the Sites to cause nuisance, annoyance, inconvenience or make fake bookings;
v. not contact the TSP for purposes other than for requesting transportation services;
vi. not impair the proper operation of the network;
vii. not hinder or harm the operation of Application and/or the Sites in any way whatsoever;
viii. keep secure and confidential the OTP or any details which allows access to the Application and/or Sites and/or Services;
ix. only use one authorized access point or data account (AP);
x. not employ any means to defraud the Company or enrich oneself, whether fraudulent or otherwise, whether or not through any event, promotion or campaign launched by the Company;
xi. not use the Services or any part thereof for carrying contraband items as may be listed publicly and/or updated by the Company;
xii. not intentionally or unintentionally cause or attempt to cause damage to the TSP or the vehicle;
xiii. not copy, or distribute the Application and/or the Sites or other content without written permission from the Company;
xiv. only use the Sites and/or the Application for your own use and will not resell it to a third party
xv. have the right to raise a complaint with TL if it is found that the goods are damaged inside the package, which could not have been ascertained by the exterior inspection;
xvi. provide full and accurate details of the consignment(s) and the goods and the collection and delivery points including but not limited to, nature and quantity of the goods, material safety datasheet (MSDS), shelf-life of the goods, specific instructions for handling the consignment(s) and/or goods, full and accurate address of the collection and delivery points, contact details of consignee, etc.;
xvii. ensure that the consignments and/or goods are accompanied by relevant documents necessary for the TSP to successfully deliver the consignment(s) to the designated delivery point;
xviii. safely and promptly load the consignments into the vehicles from the time of arrival of the vehicles at the your designated pick-up point;
xix. ensure that the consignments are safely and promptly unloaded from the vehicles from the time of arrival of the vehicles at your designated delivery point;
xx. ensure that the packaging of the goods and the consignments comply with all applicable laws;
xxi. at its own cost, repackage or give instructions on repackaging upon notification by the TSP of any apparent poor packaging of the consignments
k) 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 or regulations for the time being in force.
l) You agree to provide to the Company such information and proof of identity, including but not limited to National ID Card and photographs, as reasonably requested by the Company.
m) You understand and acknowledge that the Company may take up to seven (7) working days to verify all identity documents.
n) You shall 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 agree that the Company may rely on your information as accurate, current and complete and acknowledge that if the information is untrue, inaccurate, not current or incomplete in any respect, the Company has the right to terminate your use of the Services and/or Application and/or Sites at any time with or without notice.
a) 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. By using the Services, you expressly represent and warrant that you are at least eighteen (18) years old. If you are person below the age of eighteen (18), you represent and warrant that you are using the Services under the strict supervision and control of a consenting adult. By using the Services, you further represent and warrant that you have the right, authority and capacity to use the Services and to accept and abide by the Terms of Use. 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. 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.
b) You may only access the Services using authorized and Legal means.
c) You warrant that you are either the owner or the authorized representative of the owner of the goods that you are seeking to transport.
d) You have the Legal right and full power and authority to enter into the agreement as constituted by your acceptance of the Terms of Use and to perform your obligations under the same.
e) The obligations expressed to be assumed by you under the agreement as constituted by your acceptance of the Terms of Use are Legal, valid and binding.
f) Entry into and performance by you of your obligations under the agreement as constituted by the Terms of Use will not (i) contravene any existing law, statute, order, treaty, rule or regulation applicable to it or (ii) breach any provision of your articles of association, by-laws or any other constitutional documents or any trust deed, investment management agreement, mandate or restrictions by which it you are bound.
g) You represent and warrant that all information provided by you to TL are accurate, current and complete.
a) Once a vehicle type, pick-up point and drop-off point have been entered into the Application and/or Sites, it will provide you with the delivery fare. By confirming the delivery request, you accept to pay the delivery fare quoted and any additional charges may be imposed during the period of transportation. If any of the parties does not agree with the delivery fare and/or additional charges, TL Shipper Service must be contacted prior to making any payment.
b) You may choose to pay for the transportation Service by cash, TL Credits or by any means agreed mutually between you and the TSP. Selecting a particular payment method means you are agreeing to the terms of Service of the particular payment processing vendor and your financial institution. You shall bear all fees that may be charged by such processing vendors and/or your financial institution (if any) for the payment method you have selected.
c) The payment for the transportation Service may shall take place as mutually agreed upon between you and the TSP. It can either be before or after completion of the trip and upon delivery of goods to the designated destination point by using the Services.
d) The fare provided to the TSP is non-refundable. This no-refund policy shall apply at all times regardless of your decision to terminate your usage, TL’s decision to terminate or suspend your usage, disruption caused to the Services, either planned, accidental or intentional, or for any reason whatsoever.
e) You may be blacklisted if you fail to comply with the aforesaid requirement and that your ability to use the Services shall be barred until you comply.
f) The Company may, at its sole discretion, make promotional offers with different features and different rates whereby these promotional offers shall accordingly be honored by you. The Company may decide or change the basis of determination of fare as the Company deems fit, in its absolute discretion as necessary or appropriate for the business.
g) No hard-copy receipt will be provided to you. An electronic receipt will be automatically provided after completion of an order/trip. The electronic receipt of the fare shall be displayed on the Application or Sites after completion of the trip.
h) Any complaints that you may have regarding the transportation Service provided by the TSP, shall be taken up by you with the TSP directly.
i) The Company retains the right to suspend the processing of any transaction if it reasonably believes that the transaction may be fraudulent, illegal or involves any criminal activity or you are in breach of the Terms of Use.
a) During use of the Services, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of third party providers, advertisers or sponsors showing their goods and/or services through the Services, the Sites and/or the Application. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third-party. The Company shall have no liability, obligation or responsibility for any such correspondence, purchase, transaction or promotion between you and any such third-party. The Company does not endorse any applications or sites on the Internet that are linked through the Services, the Application and/or the Sites, and in no event, shall the Company be responsible for any content, products, services or other materials on or available from such sites or third party providers. The Company provides the Services to you pursuant to the Terms of Use. You recognize, however, that certain third party providers of goods and/or services may require your agreement to additional or different terms and conditions prior to your use of or access to such goods and/or services, and the Company is not a party to and disclaims any and all responsibility and/or liability arising from such agreements between you and the third party providers.
b) The Company may rely on third party advertising and marketing supplied through the Services and other mechanisms to subsidize the Services and/or to earn additional revenue. By agreeing to the Terms and Conditions you agree to receive such advertising and marketing. If you do not want to receive such advertising, you should notify us in writing or in accordance with the procedure determined by the Company. The Company reserves the right to charge you a higher fee for or deny you use of the Services should you choose not to receive these advertising services. You agree and allow the Company to compile and release information regarding you and your use of the Services on an anonymous basis as part of a customer profile or similar report or analysis. You agree that it is your responsibility to take all precautions in all actions and interactions with any third party providers, advertisers and/or sponsors you interact with through the Services and/or advertising or marketing material supplied through the Services.
a) You shall be responsible for the cost of repair for any damage to or necessary cleaning of the TSP’s vehicle if the vehicle has been damaged or soiled due to your negligent use or wilful misuse. The Company reserves the right to demand from you reasonable cost of such repair or cleaning on behalf of the TSP.
a) You shall pay delay and demurrage charges to the TSP for any delay in loading & unloading the consignments onto the vehicles unless it is proven beyond any reasonable doubt that the delay caused is due to the sole negligence of the TSP.
b) The quantum of delay or demurrage charges will be calculated according to the "Delay charges and Cancellation Policy" found here.
c) If the TSP delivers on time but you fail to unload or cause delay in unloading the consignments from the vehicles, you shall pay to the TSP any warehousing or storage costs that the TSP incurs in storing or keeping the consignments and/or goods in its custody. Storage includes keeping the goods in the vehicle until it is unloaded by the TSP.
a) You shall be liable to pay cancellation charges at the rate specified below if you cancel or revoke the request for transportation services after the TSP has entered the loading point. Cancellation charges will be decided between mutual agreement of TSP and shipper.
a) The payment by you to the TSPs shall be subject to all applicable taxes.
You shall maintain in confidence all information and data relating to the Company, its services, products, business affairs, marketing and promotion plans or other operations of the Company and its associated companies which are disclosed to you by or on behalf of the Company (whether orally or in writing and whether before, on or after the date of the agreement as constituted by your acceptance of the Terms of Use) or which are otherwise directly or indirectly acquired from the Company, or any of its affiliated companies, or created in the course of rendering the Services to you. Such confidential information shall only be used to perform the Services, and you shall not, without the Company’s prior written consent, disclose such information to any third-party nor use it for any other purpose except for providing the Services. You shall comply with and abide by the
Privacy Policy of the Company.
By agreeing to the Terms of Use, you agree that you shall defend, indemnify and hold the Company, its 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 the Terms of Use 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 the TSPs, accompanying personnel on the TSP’s vehicle or the vehicle, 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.
a) 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 Services, 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 products, services, information, or other materials purchased or obtained through the Application and/or Sites will meet your requirements or expectations, (e) errors or defects in the Application and/or the Sites will be corrected, or (f) the Application 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.
b) The Company makes no representation, warranty, or guarantee as to the reliability, safety, timeliness, quality, suitability or availability of any services, including but not limited to the transportation services to you through the use of the Services, Applications and/or the Sites. It is acknowledged and agreed that the entire risk arising out of such use of the services remains solely and absolutely with the TSPs and that neither the TSP nor you shall have any recourse whatsoever against the Company.
The Services, Applications and/or the Sites may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications including the device used being faulty, not connected, out of range, switched off or not functioning. The Company is not responsible for any delays, delivery failures, damages or losses resulting from such problems.
a) TL's responsibility is limited to the search for a TSP to meet your transportation services needs as communicated through the Application and/or Sites.
b) The performance of the transport Service is the sole responsibility of the TSP. TL cannot be held responsible in case of unavailability of any vehicle, in case of delay, non-performance or improper performance of the transportation Service by the TSP.
c) The TSP, not TL, shall 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, loss and property damages which arise out of the transportation services rendered and/or because of the TSP’s act or omission or lack of control over the vehicle or incompetence or lack of awareness of the road or any other cause that is attributable to the TSP during the course of the transportation Service.
d) 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 the provision of Services to you should you use the Services for purposes other than which the Application and/or Sites are intended to be used.
e) TL shall use its reasonable efforts to ensure that the vehicles used to provide the transportation services to you are in a roadworthy condition, the National Identification (NID) number provided by the driver and/or operator of the vehicle is authentic and that the vehicle belongs to the said driver and/or operator carrying the NID card. Further TL will use reasonable efforts to verify that the vehicles used to provide transportation services to you have all necessary and relevant permits, licenses, and approvals including fitness certificate, tax token, permit and registration documents and drivers driving or operating the vehicles have a driver’s license. However, TL shall not be held liable should the vehicle turn out to be not roadworthy or the vehicle papers turn out to be fake. You shall conduct your own due diligence in this regard and provide a certificate of satisfaction to the TSP prior to loading of the consignments and/or goods.
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 courier or registered mail to the Company using the contact details as provided in the Application and/or Sites.
a) In the event that a dispute arises from or in connection with the agreement as constituted by your acceptance of the Terms of Use, 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.
This agreement as constituted by your acceptance of the Terms of Use and policies, codes, or any other set of bye-laws, rules, terms, by whatever name called, expressly referred to in the Terms of Use shall form the entire agreement between you and TL with regard to your use of the Application and/or Sites of TL and supersedes any and all prior understandings, agreements, or representations by or between you and TL, written or oral, to the extent they relate in any way to the above usage.
Neither any failure to exercise nor any delay in exercising on the part of TL 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 the Terms or Use, shall be deemed to be read into the Terms of Use.
a) 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.
b) The Company is entitled to terminate the Services to you immediately in the event that you are found to be in breach of any of the terms in the Terms of Use. For the avoidance of doubt, the termination of Services to you 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 your obligations under this Agreement.
