GENERAL TERMS AND CONDITIONS OF USE OF THE MOBILE/WEB BASED APPLICATION
Truck Lagbe private company Limited by shares being “Truck Lagbe Limited”, hereinafter TL, with its Head Office at 107, Motijheel C/A, Dhaka-1000, Bangladesh, has concluded – 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 designated as, “Application”, as well as a website at the address, https://www.trucklagbe.com.
Application runs on the iOS and Android operating systems and can be accessed free on desktop/laptop computers, smartphones and tablets. This allows the user of the Application, hereinafter designated the "User" to be linked to Partners in order to book transportation services of goods, and hereinafter designated as "Transportation”.
The Transportation is conducted by a driver affiliated to a Partner, hereinafter designated as "Driver". The reservation of a Transportation by the User via the Application is referred to as an "Order".
The service provided by TL for the User under these general terms and conditions is hereinafter referred to as, "Service" and consists of putting in relation the User and the Partner via the Application.
ARTICLE 1 - PURPOSE OF CONTRACT
1 The Service:
TL shall, by this contract, put the User wishing to undertake a transportation of goods in communication with the Partner. TL shall provide the User with online platform to place orders. The Transportation, created from the Order, is made by the Partners, who performs the transport service requested by the User on their own account and on their own responsibility.
The service provided by TL consists of a linking service via the Application and TL does not have the quality of carrier or transportation intermediary.
The use of the Application shall allow the User to make a request for a Transportation, by advance booking, regardless of the pick-up address in the cities within the Partners' network and according to the level of Service that has been selected.
The Order requires the prior creation of a User Account (TruckLagbe account) following free installation of the Application by the User.
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 as specified at the time of opening the account shall be carried out under the responsibility of the User.
The benefits of this Agreement shall under no circumstance be marketed, sold or distributed, even free of charge, by the User to any third party whatsoever.
The Application services shall have access to the User's information, such as the name and contact details which are filled in and collected at the time of opening the TL account in the Application.
Any update of personal details must be performed 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 this situation, the User must specify the name of the recipient at the time of them receiving the Service.
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 is open 24/7 via the Application. 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 related to the Application (including push messaging) as well as through a publication on the website, https://www.trucklagbe.com.
3.2.Creation of TL Account
When creating an account, the User shall be communicated through their phone number. User puts his / her phone number and click continue. Thereafter User receives a verification code by sms to the number he / she puts in. User enters the code and user is authenticated. Every time user tries to login, a randomly generated verification code is sent to his / her number. The User is the only one who can ensure their privacy and will, at all times, be solely responsible for the use of their details. Login details may be modified by the User. The User shall freely choose, at the time of the creation of the initial account, then at any time via the Application menu, arrangements for connection, disconnection and security of their account, as well as the payment process via his/her credit card or bkash.
The terms of payment are set out in Articles 6-1 and 10-2 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 them by validating their acceptance within the Application: "Continue" (Opt in). The terms and conditions are available in the Application and on the website at www.trucklagbe.com.
The User's account in the Application is validated and created and the User can then order a Transportation via the Application. When the User places an Order for a Transportation, this implies acceptance of the Partner's terms and conditions. The User therefore acknowledges being aware of these terms and conditions during the creation of their TL account and having accepted them without restriction or reserve, prior to any Order.
ARTICLE 4 - BENEFITS OF TL
The User can, via the Application, make Orders with Partners. TL merely acts as an intermediary and connects the User with Partners. User gives the desired rate or accepts Partner’s rate and in accordance with that The Partners only have the option to accept the given rate by the User or put bid against User’s Order. However, in the up gradation of the Application, the Partners and Users may have the option to serve in different manner.
4.1. Information Provided by the User Prior to Every Order
The User shall mention the pick-up location, the desired destination, type of vehicle required, pickup date and time and the amount he is agreed to pay or expect rate within the Application. In light of this information, the User may, if desired, perform 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 state in the Application the characteristics of the desired Transportation: advance and instant booking transportation, place, date and time of pick-up, destination, chosen package and, where appropriate, vehicle or specific services desired. The Order is then validated (place, date and time of pick-up) in the Application and an acknowledgement of receipt confirming the Order is received electronically and punctually.
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 that the User would have previously entered for the desired Transportation. In case of any error in the information provided, TL shall not be held responsible. This acknowledgement of receipt is carried out directly within the Application: from the moment the Order is validated by the User, time, place of Order and pick-up location are published.
The stated time is an estimate and shall not in any way engage the responsibility neither of TL nor of the Partner. In certain situations, especially difficult due to external factors, such as strikes, other events, weather conditions or traffic etc. TL and the Partner reserve the possibility of exceptionally limiting the number of Orders at certain periods.
The User is informed that the Driver may refuse to pick the goods of the User up in the vehicle due to the state of goods of the User (any illegal goods, violation of traffic rules, danger to the security of driver or vehicle, etc.).
4.4 Transportation by Advance Booking
A request in advance consists of a reservation by TL of a vehicle request made by the User within a maximum of three days before the time of travel.
4.5. Waiting Time and No Pick-Up
The User or his/her designated personnel should be at the pick-up location, at the time of the pick-up of goods after an Order has been made. The Driver will not wait after a reasonable time if the User is not at the pick-up location at the agreed time. Exceptionally, some Partners have established maximum waiting times for the User at the pick-up location. Beyond this waiting period, the Partner registers the “non-pick up" and stops 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 mentioning any valid and justifiable reason. There is no charge for it. Irrational frequent cancellation may cause the User account to be put on hold, refusing any service until further clarification is received. Provided that TL be satisfied with the reason provided by the User, the User account shall be reinstated and in this regard TL’s decision is final.
ARTICLE 5 - FINANCIAL CONDITIONS OF SERVICE
The installation and use of the Application is free for the User.
The installation is free for the Partner. For the use of Application, Partner has to pay a certain amount of charge to TL for each Transportation service provided to User which may be updated from time to time between TL and the Partner.
TL may charge from the Users for any Transportation. The payment for the transportation shall be paid to the Partners or TL as agreed upon.
ARTICLE 6 – INVOICING
The User collects all required papers and documents copy from the driver as required by the law while transporting goods. TL may provide invoice as TL charges User for the service. Also a record is kept in the history. Therefore, anything associated with billing or challan between the User and Partner is non-binding upon TL.
6.1 Terms of Payment
The payment for the Transportation and Service charges of Partner takes place as mutually agreed upon between the User and Partner. It can either be before or after delivery of goods. The user mentions in the Order regarding at what time he wishes to pay and whether the Partner agrees with that. TL shall not be liable for the terms of payment.
6.2 Failure to Pay
The User pays the Partner for the services on their agreed terms. A formal complaint from the Partner about non/partial payment without valid and justifiable reason will cause an immediate on hold/suspension of the User account.
ARTICLE 7 - OBLIGATIONS OF THE USER, PARTNER AND OF TL
7.1 User's Obligations
The User signing this contract is legally and financially responsible for all requests for Transportations performed using confidential access to their account codes. It is up to the User to ensure that no fraud was, is, or can be made from their login and in case of doubt, shall immediately proceed with the help of the Application to change the login details.
7.2 TL's Obligations
TL's responsibility is limited to the search for a Partner at the address indicated by the User. TL is thus held to an obligation of means and shall implement 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 vehicle. In case of delay, non-performance or improper performance of the Transportation by the Partner, TL's responsibility cannot be engaged. Similarly, TL will not be held responsible for non-execution of the service in cases of force majeure, in particular in cases where such non-performance is linked to an impediment beyond its control and preventing the execution of the contract in normal and expected conditions, especially in case of computer and / or telecommunications networks (Internet, mobile phones) failure or malfunction, 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 breach of the Partner;
(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 are provided to the User.
7.3 Partner’s Obligations
It is Partner’s responsibility to complete every Transportation secured. Any harm such as missing goods or theft of goods during Transportation caused by the driver of the selected truck of Partner will lead Partner to be liable for the loss. If any irregularity is proved in case of the Transportation, the Partner will be responsible for that. TL shall support User to take legal action against Partner in case of stealing User’s goods / money during Transportation is proven.
Partner must assign a licensed and expert driver for every Transportation. If any infrastructure damage is made by the driver during a Transportation at pick or destination location of the User, the Partner will be responsible for that. Partner has to compensate for such damage.
Partner must be honest in terms of the charges of TL. If Partner is involved in unfair means in relation to skip charges of TL against Transportation, Partner will be responsible and penalised. TL will take action through ICT act in case Partner makes any financial breach with TL in relation to commission or discount against Transportation.
Partner has to be careful to uplift the brand value of TL. If Partner is engaged in activities against TL, service will be terminated for Partners immediately.
ARTICLE 8 - TERMINATION OF SERVICE
The User may, at any time, terminate their TL account and delete the Application from their smartphone and / or tablet and/or website. TL may terminate the User's registration without notice in case of noncompliance by the User of obligations under these terms and conditions including; in the event of failure to comply with articles 2 and 3 above in the case of non-payment by the User of amounts due to Partners for Transportations already completed, in the case of inappropriate behavior by the User and finally in the case of two successive cancellations of an Order. The contract also expires 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 gathered by TL for the Service is subject to data processing intended for the implementation of the Service. This information is required in order for TL to process requests for Transportations and is recorded in its files. Security measures preserving confidentiality are implemented by TL. The User is informed and accepts that TL and the Partner reserve the right to retain, for evidence purposes, all information relating to requests received, the identification data of the User and completed Transportations (including phone number, name and address, email address, details of the completed Transportation) and TL may use personal data to contact the User by email, sms, push notification, or any other means concerning commercial offers related to the service that may be of interest. TL newsletters/promotions/offers that will be sent to the User will include an unsubscribe link should the User wish to withdraw from the list. In accordance with the “Data Protection" law, the User has the right to access, modify, rectify and delete personal data. 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 having been advised that TL may be required to implement "cookies" to identify the User for the duration of the session on the website. This memory-resident cookie remains active as long as the User has not left the session. The User can object to the use of this cookie without limiting their ability to access the site by configuring their browser appropriately.
10.2 Service Availability
TL strives to make the online order service operational in an almost permanent round the clock manner, 24/7 and 365 days a year. It however allows for the possibility to suspend operations, with or without notice, for reasons inherent to operating constraints.
The availability of this service is also conditioned by use by the User, by sufficient computing resources or by a Smartphone and/or computer and /or tablet- compatible hardware and software (the User may obtain, on request to TL the recommended configurations).
10.3 Intellectual Property
TL holds the rights of exploitation on the TL brand and owns all the elements of the Applications (graphics, pictures, logos, databases, programs, tools). All other elements not belonging to TL continue to remain the property of its Partners (including logos provided by Partners and published on the site and in the Application.) Any total or partial reproduction, modification or use of brands, illustrations, images, logos and elements for any reason and on any medium whatsoever, without TL's express prior consent is strictly prohibited.
ARTICLE 11 – PERFORMANCE RATINGS
There shall be a rating system in the application for the User whereby they shall rate and comment on Partner in accordance to their services, behavior, payment and any other pertinent factor. There shall be privileges for better ratings from time to time as introduced by TL.
ARTICLE 12 - CHANGES TO THE GENERAL CONDITIONS
TL reserves the right to modify at any time these terms and conditions by posting a new version on the website www.trucklagbe.com and in the Application. In case of modification to the General Conditions, the User will be notified immediately as soon as they connect to the Application. The User shall, when wishing to make a new Order, be aware of and accept the new terms and conditions thereof by clicking on the continue box that will appear for this purpose in the Application. The general conditions are those in effect at the date of use of the Service.
ARTICLE 13 - ELECTION OF RESIDENCE, APPLICABLE LAW AND JURISDICTION
For the implementation of these terms and conditions and their consequences, the User elects domicile at the address indicated in his TL account and TL elects domicile at its headquarters. In case one of the parties changes address, it shall notify the other party by registered letter with acknowledgment of receipt or by other electronic means allowing for the storing of the notification letter and this shall be done in the month following the change of address. Otherwise, the change will not be enforceable against the co-signing party. Only Bangladeshi law is applicable to these general terms and conditions.
Failing an amicable agreement between the parties relating to the validity, interpretation, performance or breach of these general terms and conditions, the dispute shall go into arbitration following the Arbitration Act of Bangladesh and venue and seat for the arbitration shall be Dhaka, Bangladesh and a sole arbitrator shall conduct the same.
Otherwise, the parties will go before the relevant competent courts.