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Terms & Conditions for the Pilots of Bongo Xpress

  • Introductory
  • Pilots Eligibility
  • Verified Pilots & Your Representation
  • Service
  • Payment Terms
  • Intellectual Property Ownership
  • Limitation of Liability
  • Confidentiality
  • Personal Data Protection
  • System/Internet Failure
  • Disclaimer of Warranties
  • Termination
  • Miscellaneous

Welcome to the platform of Bongo Xpress.

Bongo Xpress is an app based on-demand trucking platform, constantly endeavoring to revolutionize the state of logistics solutions in Bangladesh which 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. Bongo Xpress has formed directly or through its subsidiaries partnership agreements with privileged groups of truck owners, e-commerce businesses, delivery service providers, parcel & courier company, packers & movers and other related entities (hereinafter referred to as “Partner(s)”) so as to constitute a national network. The company has constructed, under the brand, Bongo Xpress, a mobile/web based online platform, (hereinafter referred to as “Application”), and accordingly constructed a website namely www.bongoxpress.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 or order a vehicle (hereinafter referred to as “Transportation”) for providing logistics 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 Pilot (hereinafter referred to as “Pilot”) who shall be referred to as a Partner (if s/he owns transportation). The reservation or booking of a transportation by the User via the Application shall be referred to as namely a “Task”/Trip.

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).

Before using the portal (collectively the website and application), we request you to read the terms and conditions of the agreement below. By using the website and the app, you are implying that you agree with all the policies of Bongo Xpress. Once you register in the App or use the website, you will automatically enter a contract and acknowledge that you have read and accepted the agreement, which will apply to your use of the website and app of Bongo Xpress.

The terms and conditions stated herein (collectively, the “Terms and Conditions” or this “Agreement”) constitute a legal agreement between you (the “Pilots”) 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 working with us, please do not continue using the Application (as defined below) or the software.

According to Bangladesh Commercial Law, Pilots would be the individuals 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 Pilots). By Pilots, Bongo Xpress implies any individuals who has valid driving license issued by respective authority in Bangladesh. As a Pilot, can add your vehicle to this platform under this agreement with limited liability stated in Partners terms.

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

As a Pilot, 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. 

By registering as our verified Pilot, you represent, warrant, undertake and agree that:

  • You possess a valid Pilot’s license and are authorized to operate a motor vehicle and have all the appropriate licenses, approvals and authority to provide transportation for hire to third parties in the jurisdiction in which you use the Service;
  • You shall own, or have the legal right and authority to operate, the vehicle which you intend to use when accepting customers, and such vehicle is in good operating condition and meets the industry safety standards for vehicles of its kind;
  • In case you own a vehicle or more, you must have a valid policy of liability insurance (in industry-standard coverage amounts) for the operation of your motor vehicle or business insurance to cover any anticipated losses related to the operation of goods motion;
  • 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 goods transportation and will be solely responsible for any violations of such local laws;
  • You will not use the Platform to cause nuisance, annoyance to the end users.
  • You will provide us with whatever proof of identity the company may reasonably request or require;
  • During loading he vehicle with goods you shall inspect if the packaging of the goods is visibly fine and if not you shall report to Bongo Xpress’s customer care. Hence, any damage or defect caused to the product while they remain in your possession shall be your responsibility and must be compensated for personally by you.

According to the business criteria of Bongo Xpress and stakeholder procession terms for Pilots, the company is operated based on freelancing model, the Pilots are not employees of Bongo Xpress. Rather, they work with full-freedom based on self-motivation.

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.

The company is a technology company that offers transportation providers, Pilots and vehicle operators to schedule, obtain and establish contact with Customers (the end users) in order to provide parcel delivery and on-demand trucking service. The software and the application are intended to be used for facilitating you (as a Pilot) to offer you with a platform for the digitalization of your business and making the service (you offer) available to your customer in wide range.

The Company reserves the right to modify, vary or change the terms and conditions of this Agreement or its policies relating to the Service at any time as it deems fit. Such modifications, variations or changes to the Terms and Conditions policies relating to the Service shall be effective upon the posting of an updated version at Bongo Xpress. 

You are forbidden from promoting competitors’ applications, giving out coupons and suggesting any other form of discounts to the customers. The company, however, will promote you and provide discounts or coupons in such time and method as agreed between the company and you (Pilot).

As per our agreement (between Bongo Xpress and Pilots), any fees which we may charge you for the service, are due immediately and are non-refundable (“Service Fee”). 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 trip shall be determined by the company, at its discretion, from time to time. You shall, on your own accord, deposit the Service Fee for the day in favour of the Company in such method, and to such person, as determined by the Company from time to time. You understand that significance of this requirement and you acknowledge that you may be blacklisted for failure to comply with the aforesaid requirement and that your ability to use the Service shall be barred until due compliance is made in this regard.

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

The payment for the Transportation and its related or incidental charges can be made before or after the delivery of goods by the customers (the end users). The customer shall clearly mention the period (COD or instant online payment) within which payment will be made and this will be automatically approved by the software since the company provides instant quote for particular trips; other than that there is anything partner himself cannot claim from the customer. In cases where the payment for the Transportation and its related or incidental charges are not made by the Customer, the Pilot(s) shall file a complaint in this regard to the Bongo Xpress. If the customer fails to provide a valid and justifiable reason, the company will take immediate and proper legal action(s) against the customer on behalf of the Pilot.

Bongo Xpress is the sole owner or lawful licensee of all the rights to the website/Application and its content. 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. The Terms of Use for Pilots 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.

Bongo Xpress reserves the right, in its sole discretion and without any obligation, to make improvements to, or correct any error or omissions in any portion of the Service or the app/website.

Any content and software made for this service (available to you) is the copyrighted work of Bongo Xpress. The unauthorized copying, modification or use any of these marks is strictly prohibited.

Bongo Xpress reserves the right to terminate the account of a Pilot(s) upon any infringement of the rights of others in conjunction with use of the Bongo Xpress service, or if Bongo Xpress believes that Pilot(s) conduct is harmful to the interests of Bongo Xpress, its affiliates, or other Pilots and users, 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.

Hence, 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 (the end user), either directly or indirectly, because of your act or omission or lack of control over the vehicle or awareness of the road or any other cause that is attributable to you during the course of the service. Similarly, and in any event, the company shall not be held responsible or liable in any manner whatsoever for any damage, injuries, losses of any kind whatsoever suffered by you (Pilot), either directly or indirectly, by the action or omission of a customer.

In another event, Bongo Xpress will not be responsible if Pilot(s) gets summed by any legal action because of breaching the terms and conditions or miss-presentation of any information to the customer(s) and vice –versa.

You shall not disclose any information 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 received under the 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. You shall only disclose such information to such officers, employees and agents as need to know it to fulfill its obligations under this Agreement. You shall be liable to indemnify Bongo Xpress against any loss of business or reputation due to the act of yours.

“Personal Data” means information about you, from which you are identifiable, including your name, identification card number, birth certificate number, passport number, nationality, address, telephone number, credit or debit card details, licenses, race, gender, email address, any information about you which you have provided to the Company in Partner Registration Forms, application forms or any other similar forms and/or any information about you. These data may be collected, stored, used and processed by the Company from time to time. By submitting your information to the Company, you consent to the use of that information as set out in the form of submission and in the Terms of Use.

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 legal purposes and may cause the Company to be unable to allow you to use the Service.

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 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 customers 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 Pilot(s) shall reserve a backup copy of the contents (images, description, analytics report).

The company (Bongo Xpress) makes no representation, warranty, or guarantee as to the reliability, safety, timeliness, quality, suitability or availability of any services, including but not limited to availability of the customers (the end users of transportation) through the use of the application and/or the software. 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 Pilot 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 users have provided any false information in connection with the registration or are engaged in fraudulent or illegal activities.
  • The Pilot(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 partner, 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 Pilots).

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.

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