COLLECTIONS & DELIVERIES
• Abdaar will allocate and send Delivery Pilot (i.e. the Delivery person or rider) within 24 hours (business days) after Abdaar receives the pickup request. The package must be ready to collect before placing the request. If collection or delivery of a package requires any special equipment for loading and unloading such special equipment must be available at the collection point and delivery point. Where such equipment is not available then Abdaar shall be under no liability to deliver the requested package.
• The Delivery Pilot will make one attempt to deliver the package during working hours. If the Delivery Pilot cannot obtain a delivery contact or unable to deliver to the Delivery Point, we’ll try 3 times to deliver the package. Abdaar won’t be responsible for any rejection or refusal of any package by the customer.
• If the customer, location of the customer, timing of the delivery and the package is not secured then Abdaar can reject the Delivery/Pickup request for greater safety and inform the merchant.
• If any pickup request is put after the mentioned regular pickup hour, then the package will be picked up on the next day.
OBLIGATION & RESPONSIBILITY
• It is your responsibility to ensure that the information you supply in the request form is complete and accurate. You must cooperate with the Delivery Pilot and Abdaar in all matters relating to the provision of the services.
• You are responsible for ensuring that the delivery details (e.g. recipient’s name, contact details, and delivery address) entered by you on the Application are accurate and complete. Abdaar shall not be liable in the event of late delivery or non-delivery of delivery items because of erroneous delivery details entered by you on the Application. For the avoidance of doubt, address changes via the chat or call support shall not be accepted as proof of address change.
• You represent and warrant that you are duly authorized by the recipient of the delivery item to provide the recipient’s details (e.g. name, contact details, and delivery address) to Abdaar.
• You represent and warrant that the description and specific details of the delivery item which you provide are accurate and complete. Before delivery commences, you must inform the Delivery Pilot of any specific precautions which should be applied to the handling of the delivery item following its nature.
• Abdaar won’t deliver any package which is illegal or banned by the law of Bangladesh Govt. Any kind of vulnerable chemicals/things along with fragile items or any package without proper packaging won’t be carried as a package. Packages must not contain goods which might endanger human or animal life or any means of transportation, or which might otherwise taint or damage other goods being transported by Abdaar, or the carriage, export or import of which is prohibited by applicable law.
• You represent and warrant that you comply with all applicable laws and regulations relating to nature, condition, packaging, handling, storage, and transportation of the delivery item and the delivery item is not or does not, in any way or condition:
(a) non-compliant with or prohibited by any applicable laws or regulations;
(c) easily experience degradation of quality;
(e) contain explosives;
(g) contain radioactive substances;
(h) prohibited or banned by the law of Bangladesh and/or
(i) regulated by other relevant authorities. If any damage happens to the package mentioned above, Abdaar will not be liable for it.
• Abdaar has the right to open and inspect the delivery item without prior notice to you based on any reasonable suspicion that the delivery item may contain or constitute non-compliant or prohibited items as referred to in the abovementioned provisions herein and Abdaar has the right to refuse the receipt and delivery of such delivery item.
• You represent and warrant that the delivery item has been packed by yourself, is properly and sufficiently prepared, packed, stowed, labeled, and marked in a manner that is appropriate to any operations or transactions affecting the delivery item and the characteristics of the delivery item.
• After the delivery item is delivered, you shall solely be liable for demurrage or loss, damage, contamination, soiling or detention relating to the delivery item whether or not caused directly or indirectly by you or any recipient of the delivery item (or any person acting as a servant, representative or independent contractor for or on behalf of you or the recipient).
• You acknowledge that in the ordinary course of delivering the item, the Service Provider may disclose your details to the recipient. Abdaar is not provided as an anonymous service. Therefore, you are solely responsible in determining your choice of the recipient and Abdaar shall not be liable or be responsible for any losses (direct or indirect) suffered by or caused to you or arising out of or in connection with or because of your expectation of anonymity through the use of Abdaar. Delivery Pilot will have the right to not proceed with your booking in the following circumstances:
(a) Where the requested delivery location falls outside the delivery zone offered on the Application;
(b) Failure to contact you by phone or other means at the time of confirming the request;
(c) Failure to deliver your order due to lack of information, direction or authorization from you at the time of delivery; or
(d) The recipient whom you indicated in the Application is unreachable physically or uncontactable, after 5 minutes from the time that the Delivery Pilot arrives at the designated delivery location.
• The Delivery Pilot has the right to refuse delivery if the delivery item falls within the categories listed which are not allowed for delivery.
• You must ensure that the packaging of the package is safe, proper, and adequate to withstand the normal transportation and environmental hazards. Abdaar shall be allowed to inspect the packaging and make reasonable suggestions on improvements accordingly and refuse to carry any package which it doesn’t find transit worthy.
PAYMENT & RETURN
• Abdaar will provide the invoice to the Merchant for the Delivery Services at every week and Merchant will pay the service charges within 3 days after they receive the invoice. Abdaar will collect the cash from customers on behalf of the merchant and from the collected COD amount Abdaar will deduct its shipping charge. The rest of the amount will be deposited to the merchant’s designated bank or MFS account. For safe and secured money transactions it is recommended to have Bank transactions. For Cash on Delivery, 0% COD Charges will be applicable.
• If any packages get rejected by the customer and returned to the merchant via Abdaar, Merchant will have to bear the delivery charge. The merchant should take back the package that gets returned by the customer and 50% of the shipping charge will be applicable as a return fee. Abdaar will return the package to the Merchant within 3 business days.
• Abdaar reserves the right to revise and update all Merchant Service Fees. These changes shall be notified to the Merchant.
• The Company retains the right to suspend the processing of any transaction where it reasonably believes that the transaction may be fraudulent, illegal, or involves any criminal activity or where it reasonably believes the Merchant to be in breach of the Terms and Conditions between the Merchant and the Company. In such an event, you shall not hold the Company liable for any withholding of, delay in, suspension of or cancellation of, any payment to you.
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 behavior 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.
LIMITATION OF LIABILITY
• Abdaar will not be liable for any loss, missing, defect, or damage without proper packaging. After proper investigation of the claim, Abdaar will bear only limited liability if the is lost/damaged/defected during delivery time. Abdaar only delivers the package and will not be liable for any cash transaction or collection through the Delivery Pilot.
• Any claims against the company by you shall, in any event, be limited to the aggregate amount of all amounts paid by and/or due from you in utilizing 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 advantages). 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 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, advertisers and/or sponsors. Unless you are a corporate customer with a current corporate account with the company, the company cannot and will not play any role in managing payments between you and the third-party providers, including third-party transportation providers, advertisers and/or sponsors. 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 all liability, claims, causes of action, or damages arising from your use of the service, the software and/or the application, or in any way related to the third parties including third party transportation providers, advertisers and/or sponsors introduced to you by the service, the software and/or the application.
• You agree that this Agreement shall be subject to all prevailing statutory taxes, 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.
LICENSE GRANT & RESTRICTIONS
(a) You shall not
• 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;
• Modify or make derivative works based on the Application and/or the Software;
• Create internet “links” to the Application or “frame” or “mirror” the Software on any other server or wireless or internet-based device;
• Reverse engineer or access the Software 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,
• 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,
• 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;
• 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,
• 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, non-commercial purposes and shall not use the Software and/or the Application to:
• Send spam or otherwise duplicative or unsolicited messages;
• Send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including but not limited to materials harmful to children or violate third-party privacy rights;
• send material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs;
• Interfere with or disrupt the integrity or performance of the Software and/or the Application or the data contained therein;
• Attempt to gain unauthorized access to the Software and/or the Application or its related systems or networks; or
• Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity
• To abstain from any conduct that could damage the Company’s reputation or amount to being disreputable.
INTELLECTUAL PROPERTY OWNERSHIP
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.
• If the law in an Alternate Country does not allow jurisdiction to be that of the courts of Bangladesh or where the judgment of a Bangladesh court is unenforceable in the Alternate Country, unresolved disputes shall be referred to the Bangladesh International Arbitration Centre (“BIAC”), following the Rules of the BIAC as modified or amended from time to time (the “Rules”) by a sole arbitrator appointed by the mutual agreement of the parties (the “Arbitrator”). If parties are unable to agree on an arbitrator, the Arbitrator shall be appointed by the President of BIAC following the Rules.
• 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 for this arbitration clause to be enforceable under applicable law.
• You hereby agree that the Company is entitled to terminate this Agreement immediately if you are found to be in breach of any of the terms stipulated in this Agreement. This agreement may be terminated by either party by providing written notice for at least 7 (seven) calendar days in advance. 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.