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Terms & Conditions for the Merchant of Bongo Xpress

  • Introductory
  • Merchant Eligibility
  • Registered/ Verified Merchant
  • Availability of Services
  • Pickup and Delivery Deadline
  • Payment Terms
  • Prohibited Goods
  • Intellectual Property Ownership
  • Limitation of Liability
  • Merchant Data Protection
  • Confidentiality
  • System/Internet Failure
  • Disclaimer of Warranties
  • Termination
  • Governing Law & Jurisdiction
  • Modification of Terms

Welcome to the platform of Bongo Xpress.

Bongo Xpress is an app-based smart logistics company, constantly endeavoring to transform the way parcels and goods are delivered around the cities and also to revolutionize the state of logistics solutions in Bangladesh. “Bongo Xpress” is owned and operated by Bongo Technology Ltd. with its Corporate Office at House 69 (FlatA3, 3rd Floor, North Side), Road 07, Sector 04, Uttara East, Dhaka- 1230; Head Office: (366/4 First Floor) Lane No.06, Baridhara DOHS, Dhaka Cantonment, Dhaka-1206- filed under Bangladesh 1994 Company Act.

This document will entail the do’s and don’ts for the merchants along with our policies regarding payment and other terms. In this document, by “Merchant/you” we understand the e/f-commerce businesses and any other businesses who require parcel and courier services from us; by “BONGO XPRESS/we/us/our team/the company” we refer “Bongo Xpress” and the teams; by “Pilot (s)” we refer the delivery rider (s); and by “Customer” we refer the customers or end user of the merchants. MERCHANT’S BUSINESS means any website, application, online store or other e-commerce business, regardless of kind, carried on by the Merchant for the sale of products to the benefit of Merchant’s customers. ONLINE ORDER means any order placed online by the Merchant’s customer via the Merchant’s business.

The merchant shall avail pickup and delivery services from BONGO XPRESS via mobile application. Bongo Xpress application is available on IOS and Android operating system. The merchant shall create pickup and/or delivery task on the application, automatically our pilots shall be assigned for the task (pick/delivery) and will complete the task accordingly.

By partnering with us, we believe the merchant agrees with all the policies of Bongo Xpress. You will enter a contract and acknowledge that you have read and accepted the all the terms and policies mentioned by BONGO XPRESS. We may modify or change the terms and conditions and the amendment shall be in effect as soon as it is sent to you. We recommend you to read, understand and agree the terms every time when the new clause or amendment has created and sent to you.

The terms and conditions stated herein (collectively, the “Terms and Conditions” or this “Agreement”) constitute a legal agreement between you (the “Partner”) and Bongo Xpress (the “Company”/” We”). This agreement is subject to change anytime without prior notice. We may modify or change the terms and conditions and the new agreement shall be in effect as soon as it is uploaded on the website. We recommend you to read the document every time before using the service of Bongo Xpress. If you do not agree to or fall within these terms and wish to discontinue partnering with us, please do not continue using the Application (as defined below) or the software.

  • According to Bangladesh Commercial Law, merchants would be the individuals or companies who obviously can form legally contracts under the applicable law (i.e. individuals must be at least 18 year of age to be eligible to be our Merchant-Partner). By Merchant, we imply any individuals or business entity/organization that legally operates in Bangladesh or any other countries.
  • The e/f-commerce businesses of the Merchants must obey the rules of National Digital Commerce Policy-2020 and the Digital Commerce Management Guide-2021. According to the Article 3.1.5 in Digital Commerce Management Guide-2021, if the merchant is involved with online medicine/drugs businesses, s/he must have a certificate and/or license from the authority of Directorate General of Drug Administration (DGDA). Under the same article, the merchant involved in the trade of combustible materials and flammable items such as LPG gas, oil, grease etc. must contain a certificate and/or license from the authority of Department of Explosives, Ministry of Power, Energy and Minerals Resources.
  • Merchant must have all the business documents such as Trade License, TIN Certificate, Unique Business Identification Number (UBID), Personal Retail Account; and any one and/or all of them must be uploaded on the Merchant’s portal (Facebook page, website, app etc.). [source: Article 3.1.12, The Digital Commerce Management Guide-2021]
  • Merchant must have a well-detailed (Bengali or English) “Terms and Conditions” for his/her customers, and the terms must be uploaded on the merchant’s site.

Above all, the merchant must not involve in the trade of illegal and prohibited goods, and also operate a legal business as per existing law in Bangladesh.

To become a registered merchant, there is a proper procedure defined by the company to verify you and your business as identifiable and to avoid any kind of misconduct in this platform (Bongo Xpress). An individual/organization can become a registered merchant by downloading the App and inputting required information (Name, Contact number, E-mail, NID, and others business information). We will establish the account for the merchant once we will verify the user with given information and enter into a judicial agreement of services. After verification the merchant can be authorized to access his/her account with password (one’s own choice).

By registering as merchant, you represent, warrant, undertake and agree that:

  • You possess a valid documents and have all the appropriate licenses, approvals and authority for your business (as per our service) in the jurisdiction in which you use the Service;
  • You shall forthwith provide to the Company such information and identity documents, including but not limited to National ID Card and Trade Licenses, as reasonably requested by the Company;
  • You 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, total loss and property damages which is due to or is alleged to be a result of your conduct;
  • You shall obey all local laws related to the operation of your trade and will be solely responsible for any violations of such local laws;
  • You will not use the Platform to cause nuisance, annoyance to the others.

By registering to Bongo Xpress App and providing your email/mobile number, you expressly agree to receive promotional content from Bongo Xpress by email or SMS from time to time.

  1. To avail our services, the merchants have to go through a process. The interested one will fill-up the merchant registration form, our team will reach you shorty for the further details and simultaneously, you are expected to download our Customer App and insert the required information. Our team will verify the documents and information; after verification our sales team will connect with you. Our policy, terms and conditions will be shared with you and a judicial agreement will be conducted between you as a merchant and Bongo Xpress; then you will be eligible to avail our services.

* Merchant Registration form:

https://docs.google.com/forms/d/e/1FAIpQLSfCpYqf64c9fCxziA-0cSkLvrlBOFZup38DdddMy27qYZMOlQ/viewform

* Bongo Xpress App download link:

Download link from Google Play Store (Android)-

https://play.google.com/store/apps/details?id=com.bongo.customer&hl=en_US&gl=US

Download link for IOS Handset

https://distributeapps.s3.amazonaws.com/app/BongoXpress-g3BtayuZvn2LOZk-20052021100707/home.php

  1. Bongo Xpress will be obliged to provide pickup and delivery services subject to the request of the merchant. The merchant will create pickup and delivery tasks using the dashboard or app. In this case, the pickup or delivery address must be specified correctly. Moreover, if the merchant wants, he/she can come to our booking office for parcel delivery.

If the destination of the parcel is within the city, the pickup will be completed within 24 hours of the task creation and the parcel will be delivered to the customer's address by the next day.

If the destination of the parcel is outside city, pickup will be completed within 24 hours of task creation and the parcel will be delivered to customer's address within 5 days (max.).

We will be bringing express delivery services very soon; pickup and delivery will be completed within 4 hours of task creation.

Note that, we will be obliged to provide delivery services within the stipulated time according to the Digital

As per our agreement (between Bongo Xpress and merchant), any fees which we may charge you for the service, are due immediately and are non-refundable (“Service Fee/Delivery Charge”). This no-refund policy shall apply at all times regardless of your decision to terminate your usage, our decision to terminate or suspend your usage, disruption caused to the Service either planned, accidental or intentional, or any reason whatsoever. You acknowledge that the total amount of money charged for any task shall be determined by the company, at its discretion, from time to time.

The Company (Bongo Xpress) may, at its sole discretion, make promotional offers with different features and different rates to any of the clients whereby these promotional offers shall accordingly be honored by you. The Company may determine or change the Service Fee/ Delivery Charge as the Company deems in its absolute discretion as necessary or appropriate for the business.

 

We do not carry, nor perform other services regarding, goods which are in our sole opinion Dangerous Goods (herein defined in section 2 of the Dangerous Cargoes Act, 1953, Bangladesh Customs, National Board of Revenue) including, but not limited to, those specified in the regulations, guidelines, technical instructions, codes applicable to us and our business or to the transport of, or the performance of other services regarding, Dangerous Goods. We also do not accept consignments that contain Prohibited Items. "Prohibited Goods" means any goods or materials, the Carriage of which is prohibited by Applicable Law. To get clear idea about “Prohibited Goods”, the merchant is expected to read, understand and obey the following rules:

  • Prohibited goods explained by the Mailing and Courier Operator Rules-2013
  • Prohibited articles as mentioned in the rule 49 of Post Office Rules, 1961;
  • Narcotic goods as mentioned in Narcotic Control Act, 1990;
  • Drugs as mentioned in the Drugs (Control) Ordinance, 1982;
  • Exclusives substance as mentioned in the Explosive Substances Rules, 2014 and Explosive Substances Act 1908;
  • Arms as mentioned in the Arms Act, 1878 and Explosives Act, 1884;
  • Prohibited goods as mentioned in the Acid Control Act, 2002;
  • Prohibited goods as mentioned in the Customs Act, 1969;
  • Prohibited goods as mentioned in the Import and Export Policy or Order;
  • Goods imported by evading tax and smuggled goods;
  • Goods declare under any law or rules as detrimental to public health, public safety or environment and hazardous chemicals, nuclear items or anything threatening for life;
  • Goods declared prohibited by the Government from time to time.
  1. We also discourage you to allocate to us to deliver fragile items (glass, ceramic, clay), perishable goods (meat, fish and processed food) religious books and others.

iii.           Merchant must not involve in trade of such prohibited goods as mentioned above. If we can identify the breach of such law regarding prohibited goods, we will take proper actions against such merchant and will cancel the agreement of our service immediately.

Bongo Xpress is the sole owner or lawful licensee of all the rights to all the intellectual properties such as Company name, Logo, business model, merchant’s logo and name and other contents available on the internet and printing materials. These intellectual properties are trademarks and copyrights under The Patents, Designs and Trademarks Act of 1883. The properties of third party (merchant, client etc.) associated with us are trademarks of the Company or third parties, and no right or license is granted to use them. The unauthorized copying, modification or use any of these marks is strictly prohibited.

Bongo Xpress reserves the right to terminate the agreement with you upon any infringement of the rights of others in conjunction with use of the Bongo Xpress service, or if Bongo Xpress believes that your conduct is harmful to the interests of Bongo Xpress, its affiliates, or other stakeholders, or for any other reason in Bongo Xpress's sole discretion, with or without cause.

Any claim against the Company (Bongo Xpress) by you in any way connected with the service, Application and/or the software shall be limited to certain clause of particular event analyzed by the company.

  • In any event, the company shall have no responsibility or liability whatsoever for any damages, injuries, losses of any kind whatsoever suffered by the customer of the merchant, either directly or indirectly.
  • Merchant will be responsible for product damage or any of such problems related to the product, Bongo Xpress or any of our employees is not responsible for it in any way.
  • If the product or parcel is lost from our hub or warehouse, or any such occurrence happens when the parcel is at our possession, the merchant shall make official complaint within 7-working days. We will be submitting our inspection report within 3-5 working days. If this allegation is proved to be as our negligence or the merchant can submit the appropriate evidence, we shall pay the compensation and the compensation will be determined based on the mutual discussion.

All information received from the merchant during the registration process and in other stages to provide the services, will not be disclosed to any third-party from our end. Maximum efforts will be made to ensure the safety or security of all information including order volume, customer traffic, product price, customer information etc. Nevertheless, we will not be responsible for any disclosure of information without our knowledge.

Hereby, the Company will not disclose your information to any third party and access to any information which pertains to business of Bongo Xpress shall be kept confidential to the extent it might adversely impact Bongo Xpress’s business.

The merchant shall not disclose any information relating to the Company, its services, products, business affairs, marketing and promotion plans or other operations etc. which are disclosed to the merchant by or on behalf of the Company received under the proposal and contract of service with the Company to any third party. Access to any information which pertains to business of Bongo Xpress shall be kept confidential to the extent it might adversely impact Bongo Xpress’s business. The merchant shall only disclose such information to such officers, employees and agents as need to know it to fulfil service obligations under this Agreement. The merchant shall be liable to indemnify Bongo Xpress against any loss of business or reputation due to the act of him/herself or his/her customer’s.

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 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.

Bongo Xpress shall take all the responsibilities and reasonable efforts in occurrence of system failure. The company may also suspend the operation for support or technical upgradation, maintenance work, in order to upgrade the content of any other reason. In this case, the merchant(s) shall reserve a backup copy of the contents (images, description, analytics report).

 

If delivery failure happens due to due to natural, social, political or any other circumstances which are beyond our control, Bongo Xpress will not be liable in any way. If the merchant or his/her customer is harmed for any such reason, we will try our best to compensate or resolve the issue through mutual discussion.

Bongo Xpress does not represent and warrant that the functions contained in this website/application will be error-free or uninterrupted, that defects will be corrected, or that the website/application available are free from any harmful components including viruses. You acknowledge and agree that the entire risk arising out of your use of this platform.

The company (Bongo Xpress) reserves the universal right to deny access to particular Partner to any/all of its service without any prior notice or explanation in order to protect the interest of website/Application or other users. We have the right to temporarily or permanently terminate access of any user for any of the following reasons:

If it concludes that you have provided any false information in connection with the registration or are engaged in fraudulent or illegal activities.

The merchant(s) breaches any provision of the terms and conditions or this agreement

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 the merchant, including but not limited to the credit reserved with the Company or any other money paid to the Company in the course of performing your obligations under this Agreement. Before that any kind of dispute will be settled under discussion and participation of both parties (Bongo Xpress and Merchant).

 

The merchant must obey and follow the rules of National E-commerce Policy 2020 and the Digital Commerce Management Guideline 2021, Digital security Act-2018, Circulars of Bangladesh Bank under BRPD and all the prevailing laws for e/f-commerce businesses. Simulatenously, we as a logistics company also abide by the Mailing Operators & Courier Services rules-2013, NBR rules for VAT/Tax submission and all the existing laws for parcel and courier services and operations. Note that, the related prevailing laws will be applicable to terminate the contractual relationship between Bongo Xpress and the merchant. 

These terms and conditions of Service shall be governed by and construed in accordance with the laws of the Bangladesh, without regard to the principles of conflict of laws. The governing court shall have exclusive jurisdiction over any disputes, differences or claims arising out of or in connection with these Terms of Service or any Services provided by us pursuant to these Terms of Service.

Bongo Xpress will set all terms and conditions as per standard deed agreement as permitted in the legal framework and can update in changing circumstances.

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