Truck Lagbe is a private company limited by shares operates in the name of “Truck Lagbe Limited” (hereinafter referred to as “TL”) with its Head Office at 107, Motijheel C/A, Dhaka-1000, Bangladesh. TL has formed directly or through its subsidiaries partnership agreements with privileged groups of truck owners, agencies, shippers and other related entities (hereinafter referred to as “Partner(s)”) so as to constitute a national network. The company, TL has developed, under the brand, “Truck Lagbe”, a mobile/web based online platform, (hereinafter referred to as “Application”), and accordingly developed a website namely https://www.trucklagbe.com.
Application is available on iOS, Android operating systems as well as desktop/laptop computers, smartphones and tablets. This allows the Application Users (hereinafter referred to as “User”) to book a vehicle (hereinafter referred to as “Transportation”) for providing services of goods of the User from one place to another within Bangladesh and accordingly the Partner(s) shall manage a Transport as per the request and requirement of the User.
The Transportation shall be conducted by a driver (hereinafter referred to as “Driver”) who shall be affiliated to a Partner. The reservation or booking of a transportation by the User via the Application shall be referred to as an “Order”.
The service to be provided to the User under these general terms and conditions is hereinafter referred to as “Service” and the Service will be provided by way of the Application through which a business relationship will be created between the User and Partner(s).
ARTICLE 1 – PURPOSE OF CONTRACT
1 The Service:
By virtue of this contract TL shall enable the User to communicate with the Partner(s) in order to undertake the Transportation for the service of goods. TL shall provide the User with an online platform to place Orders. Once the Order is placed, the Partner(s) shall manage a Transportation as per the Order placed by the User through the Partner(s)’ own account and responsibility.
The service provided by TL through the Application shall link the User with the Partner(s) and TL does not have any responsibility with respect to the quality of carrier or anything related with the Transportation.
The Application shall allow the User to make a request for a Transportation by way of advance booking, regardless of the pick-up address of the User in the cities within the Partners’ network and according to the level of Service that has been selected by the User.
The Order requires the prior creation of a User Account (TruckLagbe account) which is accessible through free installation of the Application by the User through downloading the Application or visiting the website of https://www.trucklagbe.com .
ARTICLE 2 – BENEFICIARIES OF ACQUIRED RIGHTS
2.1 Authorized person: The User
The use of the Application is strictly personal. The use by any person other than the User shall be the sole responsibility of the User.
The benefits of this Agreement shall under no circumstance be marketed, sold or distributed in any way or at any cost, by the User to any third party whatsoever.
TL along with the Partner(s) shall have access to the User’s full information as a result of the use of the Application by the User and details provided by the User while opening an account with TL.
Any update of personal details must be carried out by the User directly within the Application.
2.2 Other users
The User may occasionally allow any person of his choice to benefit from the TL services. In that case, the User must specify the name of the recipient at the time of them receiving the Service. The User shall be solely liable for any misconduct or fraud committed by the aforementioned recipient.
ARTICLE 3 – ACCESS TO SERVICE – TERMS FOR CREATION OF TL ACCOUNT – ACCEPTANCE OF GENERAL TERMS AND RATES
3.1. Access to Service
Access to the Service via the Application is available at all times unless the occurrence of any error or situation which is beyond the control of TL. The procedures for access to the Service may be modified by TL, who will inform the User as soon as possible by e-mail, phone or by any other means as may deem fit including push messaging as well as publishing the modifications on the website, https://www.trucklagbe.com.
3.2. Creation of TL account
When creating an account, the User shall be communicated by way of his/ her given phone number. User shall provide his / her phone number and click ’Continue’ button in the Application. Thereafter User will receive a verification code by way of an sms to his provided number. User shall enter the code in order to be authenticated. Every time user tries to login, a randomly generated verification code will be sent to his / her number. The User shall completely ensure the privacy of their own account and will, at all times, be solely responsible for the use of their details and codes provided. Login details may be modified by the User. At the time of the creation of the initial account the User shall choose, his/ her arrangements for connection, disconnection and security of their account as well as the payment process via his/her credit card, debit card or individual bkash/rocket/ucash or similar account. The terms of payment are set out in Articles 6-1 of these general terms and conditions.
3.3. Acceptance of general terms and rates
The User, having read these terms and conditions, must then accept the same by clicking the “Continue” (Opt in) button on the Application. The terms and conditions are available in the Application and on the website at www.trucklagbe.com.
Thereafter the User’s account in the Application will be validated and thus created and the User can then order Transportation via the Application. When the User places an Order for a Transportation that shall automatically imply the acceptance of the Partner’s terms and conditions as well. The User, therefore, acknowledges and confirms of being aware of the terms and conditions of the Partner(s) while opening their own TL account and thereby accepts it without any reservation, prior to requesting any Order for Transportation.
ARTICLE 4 – BENEFITS OF TL
The User can, via the Application, make Orders for Transport with Partner(s). TL merely acts as an intermediary and connects the User with Partner(s). User can either make an offer for cost of the Transportation from the pick-up location to the desired destination of the User or can accept the Partner’s offer of cost for the Transportation. Accordingly the Partner(s) can either accept the User’s offer of cost for the Transportation or can enter a negotiation with the User regarding the cost for the Transportation. However, at times when the Application requires upgradation, the Partner(s) and Users may have the option to serve in different manner. The User cannot hold TL responsible for any kind of disagreements regarding the cost of Transportation between the User and the Partner(s).
4.1. Information provided by the User prior to every Order
The User shall clearly and precisely mention the pick-up location, the desired destination, type of vehicle required, pickup date including time and the amount that he has agreed to pay or the expected cost as appeared from the Application. In light of this information, the User may, if desired, request or make an Order for a Transportation.
4.2. Acceptance of General Terms and conditions
The Order requires the prior acceptance by the User of these general terms and conditions.
The User shall clearly state in their Application the characteristics of the desired Transportation: which shall include advance and instant booking, place, date and time of pick-up of the goods, destination, chosen package and, where appropriate, vehicle or specific services desired. Thereafter the Order will be validated (place, date and time of pick-up) in the Application and an acknowledgement of receipt confirming the Order shall be provided electronically to the User.
It is the responsibility of the User to ensure that the information provided by TL upon confirmation of the Order is consistent with the information provided by the User in the Application for the desired Transportation. In case of any error of the information provided by the User, TL shall not be held responsible. This acknowledgement of receipt shall be automatically generated within the Application once the Order is placed, validated by the User and the time, place of Order and pick-up location are published.
The stated time is an estimated time and shall not in any way hold TL or the Partner liable. In certain situations, such as strikes, weather conditions or traffic or any other event which is beyond the control of TL and the Partner(s). TL and the Partner(s) reserve the right to limit the number of Orders at certain periods or may not accept any Order.
The User shall note that the Driver may refuse to pick up the goods of the User in the vehicle due to the state of goods if it may result in violation of traffic rules, or create a danger to the security of Driver or vehicle, or the goods are illegal or the goods may result in violation of the applicable laws of Bangladesh.
4.4 Transport by advance booking
Advance booking for Transportation can be made by the User by making a reservation on the Application three days prior to the date of travel.
4.5. Waiting time and no pick-up
The User or his/her designated personnel shall be present at the pick-up location, after an Order has been placed by the User. The Driver will not wait for more than 15 (fifteen) minutes if the User does not show up at the pick-up location within the stipulated time. Some of the Partner(s) have established maximum waiting times for the User at the pick-up location and beyond this waiting period the Partner reserves the right to cancel the Transportation. Under circumstances where the User cancels the Order or unavailable at the pick-up location within the stipulated time, the Partner(s) shall be entitled to charge the User 20% of the cost imposed for the Transportation.
4.6. Cancellation or modification of the Order
Once the User is tagged with the Partner, they can mutually decide on any modification they want to do. The User can cancel the service at free of cost mentioning any valid and justifiable reason. Frequent cancellation without any reasonable grounds may cause the User account to be put on hold and any service shall be refused until further clarification provided by the User. Provided TL is satisfied with the reason provided by the User, the User account shall be reinstated and in this regard TL’s decision shall be final.
ARTICLE 5 – FINANCIAL CONDITIONS OF SERVICE
5.1 The installation and use of the Application is free of cost for the User.
5.2 The installation is free for the Partner. TL, at its discretion, may charge certain amount from the Partner(s) for the use the Application, which could be pre- paid for the Transportation provided to User. The charges for Transportation service rendered to User shall be updated or varied from time to time between and by TL and the Partner.
5.3. TL may charge the Users for any Transportation cost if required. The payment for the transportation cost shall be paid to the Partner(s) or TL as agreed upon by TL and the Partner(s).
5.4 TL may issue promotional codes for promotional purposes only and these are to be used against Transportation services from the applicable Partner’s Transportation only. Promotional codes have no cash value and cannot be exchanged for money or credit. Partners are expressly prohibited from selling promotional codes for their Transportation services anywhere.
ARTICLE 6 – INVOICING
The User shall collect all the required documents from the Driver as required by the law while transporting goods. TL may provide invoice to the User for the service rendered. The User shall also keep a track of all records. Therefore, any billing or taxation between the User and Partner(s) shall not be binding upon TL.
6.1 Terms of Payment
The payment for the Transportation and its related or incidental charges shall be mutually agreed upon between the User and Partner(s). The payment for the Transportation and its related or incidental charges can be made before or after the delivery of goods . The User shall clearly mention the period within which payment will be made and this will be subject to the approval by the Partner(s) TL shall not be liable for the terms of payment between the User and Partner(s).
6.2 Failure to pay
In cases where the payment for the Transportation and its related or incidental charges are not made by the User, the Partner(s) shall file a complaint in this regard to TL. If the User fails to provide a valid and justifiable reason, it would cause an immediate suspension of the User’s account until the payment is made Moreover, failure to make the aforementioned payment after been notified shall entitle the Partner to take legal action(s) against the User.
ARTICLE 7 – OBLIGATIONS OF THE USER AND OF TL
7.1 User’s Obligations
The User under this contract shall be legally and financially responsible for all requests for all Transportations under this contract. The User shall ensure the security of the login details and in case if any doubt arises as to committal of any fraud with respect to his/her login details, the User shall immediately file an Application to change the login details.
TL’s responsibility is limited to manage for a Partner who will in turn manage and send a transport to the User at the stated address of the User. Thus, TL shall make its best efforts to meet the demand of the User as soon as possible. The execution of the transport service is the sole responsibility of the Partner. TL cannot be held responsible in case of unavailability of the transport vehicle or any inaction by the Partner(s). In case of delay or non-performance by the Partner, TL shall not be held responsible. Similarly, TL will not be held responsible for non-execution of the service in cases of force majeure or in cases where such non-performance is linked to a situation beyond the control of TL or in case of any error with respect to computer and / or telecommunications networks (Internet, mobile phones) or in case of strike, demonstration, weather, serious traffic accident disrupting the regular flow of traffic to unusually large degrees.
TL is also not responsible for:
(i) losses and/or damage caused by any breach of the Partner(s);
(ii) the actions or inactions of any drivers;(iii) the actions or inactions of other Users;
(iv) indirect losses which means losses and/or damage where TL and User could not have reasonably anticipated that type of loss and/or damage arising at the time the relevant Transportation services provided to the User.
ARTICLE 8 – TERMINATION OF SERVICE
TL shall be entitled to terminate the User’s registration without notice to the User in case of any non-compliance or failure to comply with any terms and conditions arising out of this contract including; in the event of failure to comply with articles 2 and 3 as stated above, inappropriate behavior by the User with the Partner(s) or the Driver, in the case of two successive cancellations of Orders, the goods found to be illegal or where criminal charges can be brought against the User or in any other cases where TL considers appropriate to terminate the User’s registration. The contract shall cease to exist in the event of failure of the Service or of the Application or if the User does not accept a new version of the General Terms and Conditions and / or 1.1 (changing general terms and conditions).
ARTICLE 9 – PRIVACY AND DATA PROTECTION ACT
The information of the User obtained by TL is subject to data processing intended for the implementation of the Service. This information is required in order to process requests for Transports and for records. Security measures preserving confidentiality shall be implemented by TL. The User accepts without any reservation that TL and the Partner reserve the right to retain , all information relating to requests received, the identification data of the User and all completed Transports (including phone number, name and address, email address, details of the completed Transport) and TL may use personal data to contact the User by email, sms, push notification, or any other means concerning commercial offers or regarding any matter related to the service that may be of interest or as required. TL newsletters/promotions/offers that will be sent to the User will include an unsubscribe link which may assist the User to withdraw from the list. When contacting for any request, the User shall mention their name and mobile phone number and enclose a copy of their ID:
ARTICLE 10 – SPECIFIC PROVISIONS FOR THE LINKING BY THE SMARTPHONE/TABLET/WEB-BASED APPLICATION
The User agrees that TL may be required to implement “cookies” with a view to identify the User during the period when the User is active on the website. This cookie shall remain active unless the User has not left the website.
10.2 Service Availability
The online order service is available at all times and throughout the year. unless there is any operating constraints or any kind of technical error or any situation beyond the control of TL.
10.3 Intellectual Property (IT)
TL is entitled to all the IT rights of the Applications including graphics, pictures, logos, databases, programs, tools at all times. All other elements not belonging to TL continue to remain the property of its Partner(s) (including logos provided by Partner(s) and published on the site and in the Application.) Any modification or use of brands, illustrations, images, logos, databases, programs tools with respect to the Applications for any reason and on any medium whatsoever without TL’s prior written consent is strictly prohibited.
ARTICLE 11 – PERFORMANCE RATINGS
There will be a rating system in the application for the User whereby they can rate and comment on Partner(s) in accordance to their services provided, behavior, payment and any other pertinent factor. There shall be privileges for better ratings from time to time as introduced by TL. Similarly, the Partner can rate and comment on User’s on factors related with the service.
ARTICLE 12 – CHANGES TO THE GENERAL CONDITIONS
TL reserves the right to modify at any time the terms and conditions contained herein with a notice to the User…. Thereafter a new Order shall be placed by the User with the acceptance of the new terms and conditions as set by TL. The general conditions are those in effect at the date of use of the Service.
ARTICLE 13 – ELECTION OF RESIDENCE, APPLICABLE LAW AND JURISDICTION
The User selects his address as indicated in his TL account and TL selects its headquarters’ address as mentioned above for notifying each other regarding any matter arising out of this contract. In case any of the parties changes their address, it shall notify the other party by registered letter with acknowledgment of receipt or by other electronic means within the next month following the change of address in order to be enforceable against the co-signing party. Only the laws of Bangladesh are applicable to the general terms and conditions contained herein.
If the parties fail to reach an amicable agreement within 30 days relating to any matter arising out the general terms and conditions contained herein, the dispute shall be referred to arbitration in accordance the Arbitration Act 2001. The venue and seat for the arbitration shall take place at Dhaka, Bangladesh to be conducted by sole arbitrator to be mutually selected by the User and TL.
In case the User refuses to settle the matter through Arbitration or by any means available, TL shall be entitled to initiate court proceedings against the User.