LOOP FREIGHT – TERMS OF USE
1. INTRODUCTORY
The Terms of Use stated herein (collectively, the “Terms of Use” or this “Agreement”) constitute a legal
agreement between you and Loop Freight Ltd.(the “Company”). In order to use the Service defined
below you must agree to the Terms of Use that are set out below.
The Company reserves the right to modify, vary and change the Terms of Use or its policies relating to
the Service at any time as it deems fit. Such modifications, variations and or changes to the Terms of Use
or its policies relating to the Service shall be effective upon the posting of an updated version at
https://Loopfreight.io/. You agree that it shall be your responsibility to review the Terms of Use
regularly whereupon the continued use of the Service after any such changes, whether or not reviewed
by you, shall constitute your consent and acceptance to such changes.
2. SERVICES
The Services comprise mobile applications and related services (each, an Application), which enable
users to arrange and schedule logistics and/or delivery services with third-party providers of such
services who are under agreement with the Company (Third Party Providers). In certain instances, the
Services may also include an option to receive logistics and/or delivery services for an upfront price,
subject to acceptance by the respective Third-Party Providers. Unless otherwise agreed by the Company
in a separate written agreement with you, the Services are made available solely for your commercial
use.
As a part of our service, we retain the authority to do the following acts, in order to ensure the smooth
operation of the same:
1. We approve trips on behalf of Shippers, if the shipper is unable to approve
2. We bid on behalf of Vendors with their consent if they are unable to do so themselves
3. We keep a record of the essential payment information in our system to ensure prompt payment
receipt and disbursement
4. We edit the quoted fare for a particular trip for the Vendors & Shippers as requested and necessary
5. We create bookings on behalf of shippers with their consent if they are unable to do so themselves
3. NOT A TRANSPORTATION PROVIDER
The company is a technology company that does not provide transportation services and the company is
not a transportation provider. It is up to the third-party transportation providers to offer transportation
services to you, and it is up to you to accept such transportation services. The service of the company is
to link you with such third-party transportation providers, but does not, and nor is it intended to,
provide transportation services or any act that can be construed in any way as an act of a transportation
provider.
Accordingly, you unconditionally understand and acknowledge that your ability to obtain transportation,
logistics and/or delivery services through the use of the services does not establish the company as a
provider of logistics or delivery services or as a transportation carrier and the company is not, in any
whatsoever, responsible nor liable for the acts and/or omissions of any third party transportation
provider and/or any transportation services provided to you.
4. RIGHT TO REFUSE AND BLACKLIST
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 Service or any
part thereof for such reasons as it deems fit, including but not limited to receiving complaints about you
from third party providers or employees of the Company about your behaviour or interaction with
anyone whatsoever (including but not limited to third party provider, Company’s employees, law
enforcement, government authorities) whilst and/or before using the Service.
5. REPRESENTATIONS AND WARRANTIES
By using the Service, you expressly represent and warrant that you are legally entitled to accept and
agree to the Terms of Use and that you are at least eighteen (18) years old. Without limiting the
generality of the foregoing, the Service is 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 Service, you further represent and warrant that you have the right, authority and capacity to use the
Service and to abide by the Terms of Use. You further confirm that all the information which you provide
shall be true and accurate. Your use of the Service is for your own sole, personal use. You undertake not
to authorize others to use your identity or user status, and you may not assign or otherwise transfer
your user account to any other person or entity. When using the Service, you agree to comply with all
applicable laws whether in your home nation or otherwise in the country, state and city in which you are
present while using the Service.
You may only access the Service using authorized means. It is your responsibility to check and ensure
that you have downloaded the correct Software for your device. The Company is not liable if you do not
have a compatible device or if you have downloaded the wrong version of the Software to your device.
The Company reserves the unconditional right to not permit you to use the Service should you use the
Application and/or the Software with an incompatible or unauthorized device or for purposes other
than which the Software and/or the Application is intended to be used.
Without limitation to the generality of the foregoing, by using the Software or the Application and
availing the services of Loop Freight, you agree that:
(a) You will only use the Service for lawful purposes;
(b) You will only use the Service for the purpose for which it is intended to be used;
(c) You will not use the Application for sending or storing any unlawful material or for fraudulent
purposes;
(d) You will not use the Application and/or the Software to cause nuisance, annoyance,
inconvenience or make fake bookings;
(e) You will not use the Service, the Application and/or the Software for purposes other than
obtaining the Service;
(f) You shall not contact the third-party transportation provider for purposes other than the
Service;
(g) You will not impair the proper operation of the network;
(h) You shall not intentionally or unintentionally cause or attempt to cause damage to the third-
party transportation provider;
(i) You will not try to harm the Service, the Application and/or the Software in any way
whatsoever;
(j) You will not copy, or distribute the Software or other content without written permission from
the Company;
(k) You will only use the Software and/or the Application for your own use and will not resell it to a
third party;
(l) You will keep secure and confidential your account password or any identification we provide
you which allows access to the Service;
(m) You will provide the Company with proof of identity as it may reasonably request or require;
(n) You agree to provide accurate, current and complete information as required for the Service and
undertake the responsibility to maintain and update your information in a timely manner to
keep it accurate, current and complete at all times during the term of this Agreement. You agree
that the Company may rely on your information as accurate, current and complete. You
acknowledge that if your information is untrue, inaccurate, not current or incomplete in any
respect, the Company has the right but not the obligation to terminate this Agreement and your
use of the Service at any time with or without notice;
(o) You will only use an access point or data account which you are authorized to use;
(p) You shall not employ any means to defraud the Company or enrich yourself, through any means,
whether fraudulent or otherwise, through any event, promotion or campaign launched by the
Company to encourage new subscription or usage of the Service by new or existing passengers;
(q) You shall not impair or circumvent the proper operation of the network which the Service
operates on;
(r) You will not use the Service or any part thereof for carrying contraband items and any
government authority and / or law enforcement, shall be allowed to inspect any container and /
or items you are transporting using the company’s services;
(s) You agree that your use of the Service will be subject to the Company’s Privacy Policy as may be
amended from time to time.
You unconditionally agree to assume full responsibility and liability for all loss or damage suffered by
yourself, the third-party service provider, the Company and/or any other third party as a result of any
breach of the Terms of Use.
6. PAYMENT
(a) You may choose to pay for the transportation services by cash, card or bank transfer/deposit.
(b) Once you have completed a journey using the Service, you are required to make payment in full
to the third-party transportation provider and such payment is non-refundable. If you have any
complaints in relation to the transportation service provided, then that dispute must be taken
up with the third-party transportation provider directly.
7. TAXES
You agree that this Agreement shall be subject to all prevailing statutory taxes, VAT, duties, fees,
charges and/or costs, however denominated, as may be in force in Bangladesh and in connection with
any future taxes that may be introduced at any point of time. You further agree to 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 input tax credit, set off, rebate or refund in respect of any taxes paid or
payable in connection with the Service supplied under this Agreement.
8. LICENSE GRANT & RESTRICTIONS
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 Software, solely
for your own personal, non-commercial purposes, subject to the Terms of Use herein. All rights not
expressly granted to you are reserved by the Company and its licensors.
(a) You shall not
(i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or
make available to any third party the Application and/or the Software in any way;
(ii) modify or make derivative works based on the Application and/or the Software;
(iii) create internet “links” to the Application or “frame” or “mirror” the Software on any other
server or wireless or internet-based device;
(iv) reverse engineer or access the Software 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 Software, or (c) copy any ideas, features, functions or graphics of the Application and/or the
Software,
(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 Software,
(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 Service.
(b) You may use the Software and/or the Application only for your personal business activity
purposes and shall not use the Software 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 material containing software 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 Software and/or the Application or
the data contained therein;
(v) attempt to gain unauthorized access to the Software 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
(vii) to abstain from any conduct that could possibly damage the Company’s reputation or amount to
being disreputable.
9. INTELLECTUAL PROPERTY OWNERSHIP
The Company and its licensors, where applicable, shall own all right, title and interest, including all
related intellectual property rights, in and to the Software and/or the Application and by extension, the
Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other
information provided by you or any other party relating to the Service. The Terms of Use do not
constitute a sale agreement and do not convey to you any rights of ownership in or related to the
Service, the Software and/or the Application, or any intellectual property rights owned by the Company
and/or its licensors. The Company’s name, the Company’s logo, the Service, the Software and/or the
Application and the third-party transportation providers’ logos and the product names associated with
the Software and/or the Application are trademarks of the Company or third parties, and no right or
license is granted to use them. For the avoidance of doubt, the term the Software and the Application
herein shall include its respective components, processes and design in its entirety.
10. CONFIDENTIALITY
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 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 this Agreement) or which are otherwise directly or indirectly acquired by you
from the Company, or any of its affiliated companies, or created in the course of this Agreement. You
shall further ensure that it, its officers, employees and agents only use such confidential information in
order to perform the Service, and shall not without the Company’s prior written consent, disclose such
information to any third-party nor use it for any other purpose. You shall only disclose such information
to such officers, employees and agents as need to know it to fulfil its obligations under this Agreement.
The above obligations of confidentiality shall not apply to the extent that you can show that the relevant
information:
(a) was at the time of receipt already in your possession;
(b) is, or becomes in the future, public knowledge through no fault or omission of you;
(c) was received from a third-party having the right to disclose it; or
(d) is required to be disclosed by law.
11. PERSONAL DATA PROTECTION
You agree and consent to the Company using and processing your Personal Data for the Purposes and in
the manner as identified hereunder.
For the purposes of this Agreement, “Personal Data” means information about you, from which you are
identifiable, including but not limited to your name, identification card number, birth certificate number,
passport number, nationality, address, telephone number, credit or debit card details, gender, date of
birth, email address, any information about you which you have provided to the Company in registration
forms, application forms or any other similar forms and/or any information about you that has been or
may be collected, stored, used and processed by the Company from time to time.
The provision of your Personal Data is voluntary. However, if you do not provide the Company your
Personal Data, your request for the Application may be incomplete and the Company will not be able to
process your Personal Data for the Purposes outlined below and may cause the Company to be unable
to allow you to use the Service.
The Company may use and process your Personal Data for business and activities of the Company which
shall include, without limitation the following (the “Purposes”):
(a) To perform the Company’s obligations in respect of any contract entered with you;
(b) To provide you with any services pursuant to the Terms of Use herein;
(c) To process your participation in any events, promotions, activities, focus groups, research
studies, contests, promotions, polls, surveys or any productions and to communicate with you
regarding your attendance thereto;
(d) Process, manage or verify your application for the Service pursuant to the Terms of Use herein;
(e) To validate and/or process payments pursuant to the Terms of Use herein;
(f) To develop, enhance and provide what is required pursuant to the Terms of Use herein to meet
your needs;
(g) To process any refunds, rebates and or charges pursuant to the Terms of Use herein;
(h) To facilitate or enable any checks as may be required pursuant to the Terms of Use herein;
(i) To respond to questions, comments and feedback from you;
(j) To communicate with you for any of the purposes listed herein;
(k) For internal administrative purposes, such as auditing, data analysis, database records;
(l) For purposes of detection, prevention and prosecution of crime;
(m) For the Company to, its partners, advertisers and or sponsors;
(n) To notify and invite you to events or activities organised by the Company, its partners,
advertisers, and or sponsors; and/or
(o) To share your Personal Data amongst the companies within the Company’s group of companies
comprising the subsidiaries, associate companies and or jointly controlled entities of the holding
company of the group (the “Group”) and with the Company’s and Group’s agents, third party
providers, developers, advertisers, partners, event companies or sponsors who may
communicate with you for any reasons pertaining to the service provided.
If you do not consent to the Company processing your Personal Data for any of the Purposes, please
notify the Company using the support contact details as provided in the Application.
If any of the Personal Data that you have provided to us changes, for example, if you change your e-mail
address, telephone number, payment details or if you wish to cancel your account, please update your
details by sending your request to the support contact details as provided in the Application.
The Company will, to the best of its abilities, effect such changes as requested within fourteen (14)
working days of receipt of such notice of change.
By submitting your information to the Company, you consent to the use of that information as set out in
the form of submission, the company’s Privacy Policy and the Terms of Use.
12. REPAIR OR CLEANING FEES
You shall be responsible for the cost of repair for any damage to or necessary cleaning of the third party
service provider’s vehicle as a result of your misuse of the Service or in breach of the Terms of Use
herein. The Company reserves the right to facilitate payment for reasonable cost of such repair or
cleaning on behalf of the third-party service provider via your designated payment method or demand
from you in cash, in the event a request for repair or cleaning request by the third party service provider
has been verified by the Company.
13. INDEMNIFICATION
By agreeing to the Terms of Use upon using the Service, you agree that you shall defend, indemnify and
hold the Company, its licensors 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 and/or
regulatory action) arising out of or in connection with: (a) your use of the Service, the Software and/or
the Application in your dealings with the third party transportation providers, third party providers,
partners, advertisers and/or sponsors, or (b) your violation or breach of any of the Terms of Use or any
applicable law or regulation, whether or not referenced herein, or (c) your violation of any rights of any
third party, including third party transportation providers arranged via the Service, or (d) your use or
misuse of the Service, the Software and/or the Application.
14. DISCLAIMER OF WARRANTIES
THE COMPANY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE AS TO THE RELIABILITY,
TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICE, THE
APPLICATION AND/OR THE SOFTWARE. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT (A)
THE USE OF THE SERVICE, THE APPLICATION AND/OR THE SOFTWARE WILL BE SECURE, TIMELY,
UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE,
SOFTWARE, SYSTEM OR DATA, (B) THE SERVICE 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 BY YOU THROUGH THE APPLICATION
WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS IN THE APPLICATION
AND/OR THE SOFTWARE WILL BE CORRECTED, OR (F) THE APPLICATION OR THE SERVER(S) THAT MAKE
THE APPLICATION AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (G) THE
APPLICATION AND/OR THE SOFTWARE TRACKS YOU OR THE VEHICLE USED BY THE THIRD PARTY
TRANSPORTATION PROVIDER. THE SERVICE IS PROVIDED TO YOU 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.
FURTHERMORE, 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 THIRD-PARTY TRANSPORTATION SERVICES OBTAINED BY OR FROM THIRD
PARTIES THROUGH THE USE OF THE SERVICE, THE APPLICATION AND/OR THE SOFTWARE. YOU
ACKNOWLEDGE AND AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICE, AND
ANY THIRD-PARTY SERVICES, INCLUDING BUT NOT LIMITED TO THE THIRD-PARTY TRANSPORTATION
SERVICES REMAINS SOLELY AND ABSOLUTELY WITH YOU AND YOU SHALL HAVE NO RECOURSE
WHATSOEVER TO THE COMPANY.
15. INTERNET DELAYS
THE SERVICE, THE APPLICATION AND/OR THE SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS,
AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS
INCLUDING THE DEVICE USED BY YOU OR THE THIRD-PARTY TRANSPORTATION PROVIDER 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.
16. LIMITATION OF LIABILITY
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 SERVICE
DURING THE EVENT GIVING RISE TO SUCH CLAIMS. IN NO EVENT SHALL THE COMPANY AND/OR ITS
LICENSORS BE LIABLE TO YOU 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 AND/OR ITS LICENSORS
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
SERVICE, THE APPLICATION AND/OR THE SOFTWARE, INCLUDING BUT NOT LIMITED TO THE USE OR
INABILITY TO USE THE SERVICE, THE APPLICATION AND/OR THE SOFTWARE, ANY RELIANCE PLACED BY
YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY
RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY THIRD PARTY PROVIDER, ADVERTISER OR
SPONSOR WHOSE ADVERTISING APPEARS ON THE WEBSITE OR IS REFERRED TO BY THE SERVICE, THE
APPLICATION AND/OR THE SOFTWARE, EVEN IF THE COMPANY AND/OR ITS LICENSORS HAVE BEEN
PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE COMPANY DOES NOT AND WILL NOT ASSESS NOR MONITOR THE SUITABILITY, LEGALITY, ABILITY,
MOVEMENT OR LOCATION OF ANY THIRD PARTY PROVIDERS INCLUDING THIRD PARTY
TRANSPORTATION PROVIDERS, ADVERTISERS AND/OR SPONSORS AND YOU EXPRESSLY WAIVE AND
RELEASE THE COMPANY FROM ANY AND ALL LIABILITY, CLAIMS OR DAMAGES ARISING FROM OR IN ANY
WAY RELATED TO THE THIRD PARTY PROVIDERS INCLUDING THIRD PARTY TRANSPORTATION
PROVIDERS, ADVERTISERS AND/OR SPONSORS.
THE COMPANY WILL NOT BE A PARTY TO DISPUTES, NEGOTIATIONS OF DISPUTES BETWEEN YOU AND
SUCH THIRD-PARTY PROVIDERS INCLUDING THIRD PARTY TRANSPORTATION PROVIDERS, UNLESS YOU
ARE A CONTRACUAL CORPORATE CUSTOMER WITH A CURRENT CORPORATE ACCOUNT WITH THE
COMPANY. THE COMPANY CANNOT AND WILL NOT PLAY ANY ROLE IN TAKING RESPONSIBILITY FOR THE
DECISIONS YOU MAKE REGARDING SERVICES AND PRODUCTS OFFERED VIA THE SERVICE, THE
SOFTWARE AND/OR THE APPLICATION (WITH ALL ITS IMPLICATIONS) RESTS SOLELY WITH AND ON YOU.
YOU EXPRESSLY WAIVE AND RELEASE THE COMPANY FROM ANY AND ALL LIABILITY, CLAIMS, CAUSES OF
ACTION, OR DAMAGES ARISING FROM YOUR UNAUTHORIZED USE OF THE SERVICE, THE SOFTWARE
AND/OR THE APPLICATION, OR IN ANY WAY RELATED TO THE THIRD PARTIES INCLUDING THIRD PARTY
TRANSPORTATION PROVIDERS INTRODUCED TO YOU BY THE SERVICE, THE SOFTWARE AND/OR THE
APPLICATION.
THE QUALITY OF THE THIRD-PARTY TRANSPORTATION SERVICES SCHEDULED THROUGH THE USE OF THE
SERVICE IS ENTIRELY THE RESPONSIBILITY OF THE THIRD-PARTY TRANSPORTATION PROVIDER WHO
ULTIMATELY PROVIDES SUCH TRANSPORTATION SERVICES TO YOU. YOU UNDERSTAND, THEREFORE,
THAT BY USING THE SERVICE, YOU MAY BE EXPOSED TO TRANSPORTATION THAT IS POTENTIALLY
DANGEROUS, OFFENSIVE, HARMFUL TO MINORS, UNSAFE OR OTHERWISE OBJECTIONABLE, AND THAT
YOU USE THE SERVICE AT YOUR OWN RISK.
17. NOTICE
The Company may give notice by means of a general notice on the Application, 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 in the record of the Company. Such notice shall be deemed to have been
given upon the expiration of 48 hours after mailing or posting (if sent by registered mail or pre-paid
post) or 1 hour after sending (if sent by email). 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.
18. ASSIGNMENT
This Agreement as constituted by the Terms of Use 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.
19. MISCELLANEOUS
This Agreement shall be governed by the laws of Bangladesh, without regard to the choice or conflicts of
law provisions of any jurisdiction, and any disputes, actions, claims or causes of action arising out of or in
connection with the Terms of Use or the Service shall be subject to the exclusive jurisdiction of the
courts of Bangladesh to which you hereby agree to submit to.
In the event that the law in an Alternate Country does not allow jurisdiction to be that of the courts of
Bangladesh or where judgment of a Bangladesh court is unenforceable in the Alternate Country,
unresolved disputes shall be referred to the Arbitration, in accordance with the Rules of the Arbitration
Act 2001 as modified or amended from time to time (the “Rules”) by a sole arbitrator appointed by the
mutual agreement of the parties (the “Arbitrator”).
The seat and venue of the arbitration shall be Dhaka, in the English language and the fees of the
Arbitrator shall be borne equally by the parties, provided that the Arbitrator may require that such fees
be borne in such other manner as the Arbitrator determines is required in order for this arbitration
clause to be enforceable under applicable law.
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 Service.
If any provision of the Terms of Use is held to be invalid or unenforceable, such provision shall be struck
and the remaining provisions shall be enforced to the fullest extent under law. This shall, without
limitation, also apply to the applicable law and jurisdiction as stipulated above.
The failure of the Company to enforce any right or provision in the Terms of Use shall not constitute a
waiver of such right or provision unless acknowledged and agreed to by the Company in writing. The
Terms of Use comprises the entire agreement between you and the Company and supersedes all prior
or contemporaneous negotiations or discussions, whether written or oral (if any) between the parties
regarding the subject matter contained herein.
You hereby agree that 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 in the course of you acquiring services from the third-party
transportation provider under this Agreement.