Terms and Conditions

JAHAJI: TERMS AND POLICIES

Last updated: July 06, 2019

 

1. INTRODUCTORY

Important – please read these terms carefully. By using this Service, you agree that you have read, understood, accepted and agreed with the Terms and Conditions, and the conditions stated in this policy. You further agree to the representations made by yourself below. If you do not agree to or fall within the Terms and Conditions of the Service (as defined below) and wish to discontinue using the Service, please do not continue using this Application or Service. The terms and conditions stated herein (collectively, the “Terms and Conditions” or this “Agreement”) constitute a legal agreement between you and Jahaji Ltd. (the “Company”).

In order to use the Service (each as defined below) you must agree to the Terms and Conditions that are set out below. By using the mobile application supplied to you by the Company (the “Application”), and downloading, installing or using any associated software supplied by the Company (the “Software”) which overall purpose is to enable the Service (each as defined below), you hereby expressly acknowledge and agree to be bound by the Terms and Conditions, and any future amendments and additions to this Terms and Conditions as published from time to time at Jahaji Website or through the Application.

2. SERVICES

The Company offers information, method and platform for inland maritime transportation providers, ship owners and operators to schedule, obtain and establish contact among ship owner, and suppliers for better management and control, but does not intend to provide inland maritime transportation services or act in any way as a vessel or lighter ship operator or owner, inland maritime transportation carrier or provider, and has no responsibility or liability for any transportation services provided to Customers by you.

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 Jahaji. You agree that it shall be your responsibility to review this Agreement regularly whereupon the continued use of the Service after any such changes, whether or not reviewed by you, shall constitute your consent and acceptance to such changes.

3. NOT A INLAND MARITIME TRANSPORTATION PROVIDER

THE COMPANY IS A TECHNOLOGY COMPANY THAT DOES NOT PROVIDE OR ENGAGE IN MARRITIME TRANSPORTATION SERVICES AND THE COMPANY IS NOT A TRANSPORTATION PROVIDER. THE SOFTWARE AND THE APPLICATION ARE INTENDED TO BE USED FOR FACILITATING YOU (AS A TRANSPORTATION PROVIDER, BUYER, CLIENT, SUPPLIER, AND VESSEL OWNER) TO OFFER YOUR MARRITIME TRANSPORTATION, TRADING AND OTHER SERVICES TO YOUR CLIENT OR CUSTOMER. THE COMPANY IS NOT RESPONSIBLE OR LIABLE FOR THE ACTS AND/OR OMISSIONS WITH REGARD TO ANY SERVICES YOU PROVIDED TO YOUR CLIENT, AND FOR ANY ILLEGAL ACTION COMMITTED BY YOU. YOU SHALL, AT ALL TIME, NOT CLAIM OR CAUSE ANY PERSON TO MISUNDERSTAND THAT YOU ARE THE AGENT, EMPLOYEE OR STAFF OF THE COMPANY, AND THE SERVICES PROVIDED BY YOU IS NOT, IN ANYWAY, BE DEEMED AS SERVICES OF THE COMPANY.

YOU ARE FORBIDDEN FROM PROMOTING COMPETITORS APPLICATIONS, GIVING OUT COUPONS AND SUGGESTING ANY OTHER FORM OF DISCOUNTS TO THE USERS OR CUSTOMERS.

4. 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 customers or employees of the Company about your behaviour or interaction with anyone whatsoever (including but not limited to Customers, Company’s employees, law enforcement, government authorities) or driving with a competence lower than reasonably expected or negotiating with customers, users for price, destination etc. other than provided in the application whilst using the Service.

5. REPRESENTATION AND WARRANTIES

By using the Service, you expressly represent and warrant that you are legally entitled to accept and agree to the Terms and Conditions and that you are at least eighteen (18) years old. Without limiting the generality of the foregoing, the Service is not available to persons under the age of eighteen (18) or such persons that are forbidden for any reason whatsoever to enter into a contractual relationship. By using the Service, you further represent and warrant that you have the right, authority and capacity to use the Service and to abide by the Terms and Conditions. You further confirm that all the information which you provide shall be true and accurate. Your use of the Service is for your own sole, personal use. 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. When using the Service you agree to comply with all applicable laws of your country. Besides, you will also be bound by applicable laws, rules and regulations of the country of origin of the company where it is registered to the extent it is applicable and consistent with the laws and regulations of your local territorial jurisdiction in pursuant to the bilateral treaty, international business and commercial laws as formulated form time to time.

You may only access the Service using authorized and legal means. It is your responsibility to check and ensure that you download the correct Software for your device. The Company is not liable if you do not have a compatible handset or if you have downloaded the wrong version of the Software for your handset. The Company reserves the right to terminate this Agreement should you be using the Service with an incompatible or unauthorized device or for purposes other than which the Application or Software is intended to be used.

By using the Service, you represent, warrant, undertake and agree that:

  1. As a buyer, renter or client, You possess all valid papers, certifications and permission to run business and hire vessel or buy goods to carry or sell, and as a ship owner you are authorized to operate inland vessel or lighter ship in Bangladesh and have all the appropriate licenses, approvals and authority to provide inland maritime transportation for hire to third parties in the jurisdiction in which you use the Service;
  2. You own, or have the legal right and authority to operate, the vessel which you intend to use when accepting clients or customers, and such vehicle is in good operating condition and meets the industry safety standards for vehicles of its kind;
  3. You have a valid policy of liability insurance (in industry-standard coverage amounts) for the operation of your vessel(s) and/or business insurance to cover any anticipated losses related to the operation.
  4. You shall forthwith provide to the Company such information and identity documents, including but not limited to National ID Card and Fitness Certificate of Vessel(s), as reasonably requested by the Company;
  5. You understand and acknowledge that the Company may take up to five (5) working days for all identity documents to be reflected in your account or for any payments cleared to or from your account.
  6. 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 vessel transport and/or delivery service howsoever operated;
  7. You shall obey all local laws related to this operation of transport, goods and/or delivery services and will be solely responsible for any violations of such local laws;
  8. You will only use the Service for lawful purposes;
  9. You will only use the Service for the purpose for which it is intended to be used;
  10. You will not use the Application for sending or storing any unlawful material or for fraudulent purposes;
  11. You will not use the Application and/or the Software to cause nuisance, annoyance, inconvenience or make fake bookings;
  12. You will not use the Service, Application and/or Software for purposes other than obtaining the Service;
  13. You shall not contact the Customers for purposes other than the Service;
  14. You will not impair the proper operation of the network;
  15. You will not try to harm the Service, Application and/or the Software in any way whatsoever;
  16. You will only use the Software and/or the Application for your own use and will not resell it to a third party;
  17. You will keep secure and confidential your account password or any identification we provide you which allows access to the Service;
  18. You will provide us with whatever proof of identity the company may reasonably request or require;
  19. You agree to provide accurate, current and complete information as required for the Service and undertake the responsibility to maintain and update your information in a timely manner to keep it accurate, current and complete at all times during the term of the Agreement. You agree that the Company may rely on your information as accurate, current and complete. You acknowledge that if your information is untrue, inaccurate, not current or incomplete in any respect, the Company has the right but not the obligation to terminate this Agreement and your use of the Service at any time with or without notice;
  20. You will only use an access point or data account (AP) which you are authorized to use;
  21. You shall not employ any means to defraud the Company or enrich yourself, through any means, whether fraudulent or otherwise, whether or not through any event, promotion or campaign launched by the Company to encourage new subscription or usage of the Service by new or existing clients;
  22. You will not use the Service or any part thereof for carrying contraband items as may be listed publicly and updated by the company from to time and if, in the event that you display suspicious behaviour, you will fully comply with the request of the third party service provider, any government authority and / or law enforcement, to inspect any bags and / or items you are carrying with you which may or may not be readily visible;
  23. You are aware that when responding to a requests for inland maritime transportation services, standard telecommunication charges will apply and which shall be solely borne by you;
  24. Before collecting goods from Jahaji Marketplace for delivery, you can commence an inspection of the exterior of the sealed package of the products in order to ensure that they are visibly fine.
  25. You after collecting goods from a jahaji Marketplace, must sign a receipt stating that you have received the products in good conditions. 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.
  26. You shall not impair or circumvent the proper operation of the network which the Service operates on;
  27. You agree that the Service is provided on a reasonable effort basis;

You unconditionally agree to assume full responsibility and liability for all loss or damage suffered by yourself, the Customers, the Company, Merchant and/or any third party as a result of any breach of the Terms and Conditions by you.

6. LICENSE GRANT & RESTRICTIONS

The Company and its licensors, where applicable, hereby grants you a revocable, non-exclusive, non- transferable, non-assignable, personal, limited license to use the Application and/or the Software, solely for your own personal purpose, subject to the terms and conditions of this Agreement. All rights not expressly granted to you are reserved by the Company and its licensors.

(a) You shall not

  1. 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;
  2. modify or make derivative works based on the Application and/or the Software;
  3. create internet “links” to the Application or “frame” or “mirror” the Software on any other server or wireless or internet-based device;
  4. reverse engineer or access the Software in order 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, and Website.
  5. 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,
  6. 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;
  7. 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,
  8. 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:

  1. send spam or otherwise duplicative or unsolicited messages;
  2. send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including but not limited to materials harmful to children or violative of third party privacy rights;
  3. send material containing software viruses, worms, trojan horses or other harmful computer code, files, scripts, agents or programs;
  4. interfere with or disrupt the integrity or performance of the Software and/or the Application or the data contained therein;
  5. attempt to gain unauthorized access to the Software and/or the Application or its related systems or networks; or
  6. Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity
  7. to abstain from any conduct that could possibly damage the Company’s reputation or amount to being disreputable.

7. PAYMENT TERMS

Any fees which the Company 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 FARE OR FEE PAID TO YOU BY THE USERS OR CUSTOMER INCLUDES THE SOFTWARE USAGE FEE, WHICH YOU MAY COLLECT ON BEHALF OF THE COMPANY IF YOU HAVE A WRITTEN AGREEMENT WITH JAHAJI. SUCH SOFTWARE USAGE FEE MAY BE UP TO 100% OF THE FARE STIPULATED FOR THE SERVICE FOR EACH TIME THE USERS OR CUSTOMER COMPLETES A TRIP OR TRADE, WHICH SHALL BE DETERMINED BY THE COMPANY, AT ITS DISCRETION, FROM TIME TO TIME.

Each day, when the Service Fee Payable to the Company reaches a maximum threshold set by the company (“Service Fee Threshold”), 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 may, at its sole discretion, make promotional offers with different features and different rates to any of the Users or Customers whereby these promotional offers shall accordingly be honored by you. The Company may determine or change the Service Fee as the Company deems in its absolute discretion as necessary or appropriate for the business.

8. PAYMENT BY USER or CUSTOMERS

The User or Customer may choose to pay for the Services provided by Jahaji Ltd. via any scheduled Bank in Bangladesh or by cash or by digital money or mobile money service, the Company shall reimburse to you the portion of the said payment that is due to you as per these Terms and Conditions.

Any complaints that the Users or Customer shall have regarding the maritime transportation provided by you shall be taken up by the User or Customer with you directly.

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 User or Customer to be in breach of the Terms and Conditions between the User or Customer 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.

You agree that you will cooperate in relation to any criminal investigation that is required and to assist the Company in complying with any internal investigations, instructions from the authorities or requirements of prevailing laws or regulations for the time being in force.

9. TAXES

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 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 Services supplied under this Agreement.

10. CONFIDENTIALITY

You shall maintain in confidence all information and data relating to the Company, its services, products, business affairs, marketing and promotion plans or other operations of the company and its associated companies which are disclosed to you by or on behalf of the Company (whether orally or in writing and whether before, on or after the date of this Agreement) or which are otherwise directly or indirectly acquired by you from the Company, or any of its affiliated companies, or created in the course of this Agreement. You shall further ensure that you only use such confidential information in order to perform the Services, and shall not without the Company’s prior written consent, disclose such information to any third-party nor use it for any other purpose except for providing services under this agreement. You shall only disclose such information to such officers, employees and agents as need to know it to fulfil its obligations under this Agreement.

The above obligations of confidentiality shall not apply to the extent that you can show that the relevant information:

  1. was at the time of receipt already in the Recipient’s possession;
  2. is, or becomes in the future, public knowledge through no fault or omission of the Recipient;
  3. was received from a third-party having the right to disclose it; or
  4. is required to be disclosed by law.

11. PERSONAL DATA PROTECTION

You agree and consent to the Company using and processing your Personal Data for the Purposes and in the manner as identified hereunder.

For the purposes of this Agreement, “Personal Data” means information about you, from which you are identifiable, including but not limited to your name, identification card number, birth certificate number, passport number, nationality, address, telephone number, credit or debit card details, race, gender, date of birth, email address, any information about you which you have provided to the Company in registration forms, application forms or any other similar forms and/or any information about you that has been or may be collected, stored, used and processed by the Company from time to time and includes sensitive personal data such as data relating to health, religious or other similar beliefs.

The provision of your Personal Data is voluntary. 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 Purposes outlined below and may cause the Company to be unable to allow you to use the Service.

The Company may use and process your Personal Data for business and activities of the Company which shall include, without limitation the following (“the Purpose”):

  1. To perform the Company’s obligations in respect of any contract entered into with you;
  2. To provide you with any services pursuant to the Terms and Conditions herein;
  3. To process your participation in any events, promotions, activities, focus groups, research studies, contests, promotions, polls, surveys or any productions and to communicate with you regarding your attendance thereto;
  4. Process, manage or verify your application for the Service pursuant to the Terms and Conditions herein;
  5. To validate and/or process payments pursuant to the Terms and Conditions herein;
  6. To develop, enhance and provide what is required pursuant to the Terms and Conditions herein to meet your needs;
  7. To process any refunds, rebates and/or charges pursuant to the Terms and Conditions herein;
  8. To facilitate or enable any checks as may be required pursuant to the Terms and Conditions herein;
  9. To respond to questions, comments and feedback from you;
  10. To communicate with you for any of the purposes listed herein;
  11. For internal administrative purposes, such as auditing, data analysis, database records;
  12. For purposes of detection, prevention and prosecution of crime;
  13. For the Company to comply with its obligations under law;
  14. To send you alerts, newsletters, updates, mailers, promotional materials, special privileges, festive greetings from the Company, its partners, advertisers and/or sponsors;
  15. To notify and invite you to events or activities organised by the Company, its partners, advertisers, and/or sponsors;
  16. To share your Personal Data amongst the companies within the Company’s group of companies comprising the subsidiaries, associate companies and/or jointly controlled entities of the holding company of the group (“the Group”) and with the Company’s and Group’s agents, third party providers, developers, advertisers, partners, event companies or sponsors who may communicate with you for any reasons whatsoever.

If you do not consent to the Company processing your Personal Data for any of the Purposes, please notify the Company using the support contact details as provided in the Application.

If any of the Personal Data that you have provided to us changes, for example, if you change your e- mail address, telephone number, payment details or if you wish to cancel your account, please update your details by sending your request to the support contact details as provided in the Application. The company will, to the best of our abilities, effect such changes as requested within fourteen (14) working days of receipt of such notice of change.

By submitting your information, you consent to the use of that information as set out in the form of submission and in this Agreement.

12. THIRD PARTY INTERACTIONS

During the Service tenure, you may enter into correspondence with, provide services to, or participate in promotions of third party providers, advertisers or sponsors showing their goods and/or services through the Service, Software and/or the Application. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third-party. The Company and its licensors shall have no liability, obligation or responsibility for any such correspondence, purchase, transaction or promotion between you and any such third- party. The Group does not endorse any applications or sites on the Internet that are linked through the Service, Application and/or the Software, and in no event shall the Company, its licensors or the Group be responsible for any content, products, services or other materials on or available from such sites or third party providers. The Company provides the Service to you pursuant to the Terms and Conditions. You recognize, however, that certain third party providers of inland maritime transportation, goods and/or services may require your agreement to additional or different terms and conditions prior to your use of or access to such goods or services, and the Company is not a party to and disclaims any and all responsibility and/or liability arising from such agreements between you and the third party providers.

13. INDEMNIFICATION

By agreeing to this Agreement for providing the Service, you agree that you shall defend, indemnify and hold the Company, its licensors and each such party’s parent organizations, subsidiaries, affiliates, officers, directors, members, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with: (a) your violation or breach of any term of this Terms and Conditions or any applicable law or regulation, including any local laws or ordinances, whether or not referenced herein; (b) your violation of any rights of any third party, including, but not limited to you or your customers or the vessel(s) that you has/have control over, other vessels, as a result of your own interaction with any third party (c) your use (or misuse) of the Application and/or Software; and (d) your ownership, use or operation of a vessel, including your carriage of goods who have procured your inland maritime transportation services via the Service, or of their goods.

14. DISCLAIMER OF WARRANTIES

THE COMPANY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICES, APPLICATION AND/OR THE SOFTWARE. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SERVICE, 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 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.

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 INLAND MARRITIME TRANSPORTATION OR OTHER SERVICES PROVIDED BY YOU TO CUSTOMERS THROUGH THE USE OF THE SERVICE, APPLICATION AND/OR THE SOFTWARE. YOU ACKNOWLEDGE AND AGREE THAT THE ENTIRE RISK ARISING OUT OF SUCH USE OF THE SERVICES REMAINS SOLELY AND ABSOLUTELY WITH YOU AND YOU SHALL HAVE NO RECOURSE WHATSOEVER AGAINST THE COMPANY.

15. INTERNET DELAYS

THE SERVICE, 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.

16. LIMITATION OF LIABILITY

ANY CLAIMS AGAINST THE COMPANY BY YOU SHALL IN ANY EVENT BE LIMITED TO THE AGGREGATE AMOUNT OF ALL AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM YOU IN UTILISING 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 ADVANTAGE). 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, APPLICATION AND/OR THE SOFTWARE, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE SERVICE, 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 CUSTOMER,  OR THIRD PARTY APPLICATION AND/OR THE SOFTWARE, EVEN IF THE COMPANY AND/OR ITS LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

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, 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, EITHER DIRECTLY OR INDIRECTLY, BY THE ACTION OR OMISSION OF A CUSTOMER.

IN NO EVENT WHATSOEVER, SHALL THE COMPANY BE HELD RESPONSIBLE OR LIABLE, IN ANY MANNER WHATSOEVER, FOR CRIMINAL INVESTIGATION BY POLICE OR OTHER LAW ENFORCEMENT AUTHORITIES, FOR YOUR ACTIONS OR INACTIONS NOR THE ACTIONS OR INACTIONS OF A USER or CUSTOMER INCLUDING BUT NOT LIMITED TO, FOR YOUR BREACH OF YOUR REPRESENTATIONS, WARRANTIES AND ACKNOWLEDGEMENTS MADE THROUGHOUT THIS TERMS AND CONDITIONS AND SPECIFICALLY THOSE REPRESENTATIONS AND WARRANTIES MADE BY YOU IN PARAGRAPH 5 ABOVE.

17. OPTIONAL INSURANCE PREMIUM

At your sole discretion, you may opt to reap the benefits of the Company’s good relation with insurance companies and secure an optional insurance coverage against damages to your vehicle or injuries to yourself and others, at such premium and conditions as the Company offers from time to time. In the event that you opt for such an option, the relevant insurance premium shall be forthwith paid to the Company by you in addition to the aforesaid Service Fees for the use of the Company’s Software, Application and / or Service.

18. NOTICE

The Company may give notice by means of a general notice on the Application, electronic mail to your email address in the records of the Company, or by written communication sent by Registered mail or pre-paid post to your address in the record of the Company. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by Registered mail or pre-paid post) or 1 hour after sending (if sent by email). You may give notice to the Company (such notice shall be deemed given when received by the Company) by letter sent by courier or registered mail to the Company using the contact details as provided in the Application.

19. ASSIGNMENT

The agreement as constituted by the terms and conditions as modified from time to time may not be assigned by you without the prior written approval of the Company but may be assigned without your consent by the Company. Any purported assignment by you in violation of this section shall be void.

20. MISCELLANEOUS

This Agreement shall be governed by law of your own country, without regard to the choice or conflicts of law provisions of any jurisdiction, and any disputes, actions, claims or causes of action arising out of or in connection with this Agreement or the Service shall be subject to the exclusive jurisdiction of the courts of your own country subject to the exhaustion of mandatory adherence and compliance of procedure for Arbitration provided hereinafter first . Besides, you will also be bound by applicable laws, rules and regulations of the country of origin of the company where it is registered to the extent it is applicable and consistent with the laws and regulations of your local territorial jurisdiction in pursuant to the bilateral treaty, international business and commercial laws.

Furthermore, in the event that the law in your own Country does not allow jurisdiction to be that of the courts of country of origin of the Company where it is registered provided that where judgment of such court is unenforceable in your own country and territory , unresolved disputes shall be referred to the Bangladesh International Arbitration Centre (“BIAC”), in accordance with 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 in accordance with the Rules.

For the purpose of this agreement and the provision of Arbitration provided hereinbefore, the seat and venue of the arbitration shall be at Khulna, 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 in order for this arbitration clause to be enforceable under applicable law.

Provided that, at the discretion of Jahaji the Arbitrator as well as place of Arbitration can be changed for effective and prompt resolve of issues, disputes etc under this agreement.

No joint venture, partnership, employment, or agency relationship exists between you, the Company or any third party provider as a result of this Agreement or use of the Service.

If any provision of the Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. This shall, without limitation, also apply to the applicable law and jurisdiction as stipulated above.

The failure of the Company to enforce any right or provision in the Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by the Company in writing. The Agreement comprises the entire agreement between you and the Company and supersedes all prior or contemporaneous negotiations or discussions, whether written or doral (if any) between the parties regarding the subject matter contained herein.

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 you, including but not limited to the credit reserved with the Company or any other monies paid to the Company in the course of performing your obligations under this Agreement.

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Jahaji: Privacy Policy

Last updated: July 06, 2019

This privacy policy describes how the www.jahajibd.com website and related application (the “Site”, “we” or “us”) collects, uses, shares and protects the personal information that we collect through this site and app. Jahaji has established this site or app to link up users who need something shipped or delivered (“Customers”) with individuals who will provide the shipping, booking and delivery services (“Couriers”) or teams of affiliated Couriers (“Teams”). This policy also applies to any mobile applications that we develop for use with our services and Team specific pages on the Site, and references to this “Site”, “we” or “us” is intended to also include these mobile applications. Please read below to learn more about our information practices. By using this Site, you agree to these practices.

How We Collect Information

Information Provided By Your Web Browser

You have to provide us with personal information like your name, contact no, mailing address and email id, our app will also fetch your location information in order to give you the best service. Like many other websites, we may record information that your web browser routinely shares, such as your browser type, browser language, software and hardware attributes, the date and time of your visit, the web page from which you came, your Internet Protocol address and the geographic location associated with that address, the pages on this Site that you visit and the time you spent on those pages. This will generally be anonymous data that we collect on an aggregate basis. We may also use Google Analytics or a similar service to gather statistical information about the visitors to this Site and how they use the Site. This, also, is done on an anonymous basis. We will not try to associate anonymous data with your personally identifiable data. If you would like to learn more about Google Analytics, please click here.

Personal Information That You Provide

If you want to use our service or contact a Jahaji member, you must create an account on our Site or App. To establish your account, we will ask for personally identifiable information that can be used to contact or identify you, which may include your name, phone number, and e-mail address. We may also collect demographic information about you, such as your zip code, and allow you to submit additional information that will be part of your Jahaji profile.

Other than basic information that we need to establish your account, it will be up to you to decide how much information to share as part of your profile. We encourage you to think carefully about the information that you share and we recommend that you guard your identity and your sensitive information. Of course, you can review and revise your profile at any time.

From time to time, we may run contests or promotions and ask for a postal mailing address and other personal information relating to the contest or promotion. It will always be your choice whether to provide your personal information in order to participate in these events.

Payment Information

Our payment channel is via scheduled Bank, cash, or mobile money services. Thus, if you are a Customer or user, you will make payments while booking ship, subscribing for the app services or purchasing goods from a ship. We will have your address and contact no. in order to identify user or customer.

Information about Others

If you are a Customer planning to ship something or Buy or Sale goods using the Jahaji service, we will ask you for information about the sender location and contact and recipient location and contact of the shipment.

Use of Cookies And Similar Technology

Session And Persistent Cookies

As is commonly done on websites, we may use cookies and similar technology to keep track of our users and the services they have elected. A “cookie” is a small text file containing alphanumeric characters that is stored on your computer’s hard drive and uniquely identifies your browser. We use both “session” and “persistent” cookies. Session cookies are deleted after you leave our website and when you close your browser. We use data collected with session cookies to enable certain features on our Site, to help us understand how users interact with our Site, and to monitor at an aggregate level Site usage and web traffic routing.

If you have created an account, we will also use persistent cookies that remain on your computer’s hard-drive between visits, so that when you return to our Site we can remember who you are and your preferences. For example, after you log out of our Site, these persistent cookies can enable you to return to our Site without the need to log back in.

We may allow business partners who provide services to our Site to place cookies on your computer that assist us in analyzing usage data. We do not allow these business partners to collect your personal information from our website except as may be necessary for the services that they provide.

You can manage these cookies. For example, you can configure your browser to accept all cookies, reject all cookies, or notify you when a cookie is set. If you disable cookies, however, it may interfere with the functionality of our Site and you may not be able to use all of the Site’s features.

Web Beacons

We may also use web beacons or similar technology to help us track the effectiveness of our communications. For example, if you have elected to receive any of our e-mail newsletters, we may use technology that allows us to see how many recipients have opened the message and how many have clicked on one of its links.

Advertising Cookies

We may use third parties, such as Google, to serve ads about our website over the internet. These third parties may use cookies to identify ads that may be relevant to your interest (for example, based on your recent visit to our website), to limit the number of times that you see an ad, and to measure the effectiveness of the ads. You can disable these advertising cookies by opting out at http://www.google.com/privacy_ads.html.

What We Do With The Information We Collect

We will generally use the information that we collect to provide our services, to monitor and analyze visitor activity on our digital platform promote and support our services, and develop a knowledge base regarding our website users. As detailed below, certain information that you provide may be available to visitors to the Site, and some information will be shared between Customers and Teams and/or Couriers.

Registered Jahaji Users

When you register on our Site or App, you will create a user name and profile. Your user name and profile will be accessible by the users of our Site. With your prior permission, we may also share information about your use of the service on third party sites. For example, we may allow you to elect to share information about the services we provide through this site as updates to your Facebook or Twitter accounts.

If you post ship as a trader or owner, we may publish the address of the loading and unloading locations on the site or app, viewable by all Jahaji Teams. For example, if you choose to post a ship to the Site or App for a specific Team, we will publish the address of the loading and unloading locations on the Site or App, viewable to that specific Team. Also, you can share the location to third party via our in app services.

Your Contact Information

When you provide us with your contact information such as mobile number and address, we will use that information to communicate with you about your use of our service. For example, when you have entered into a confirmed transaction with us, we will use your contact information to notify you of the transaction. We will also share your contact information with the couriers so that you may contact each other about the transaction. If you agree, we may also use your e-mail address to send you a newsletter or other information about our services or about other products or services in which you may be interested. You may change your preferences at any time, though you will not be able to opt out of messages relating to your use of our service.

Testimonials

We may allow you to submit testimonials about your experience with our Site. If you provide a testimonial, we may post it on this website along with your name. If you want your testimonial removed, please contact us at support@jahajibd.com.

Ratings And Reviews

If you are a App user, you will be able to rate and review a Service or Courier. If you choose to submit a rating, this will be aggregated with other ratings and available to other registered users of the Site. If you submit a review, your review along with your user name will be posted for everyone to see.

Anonymous Data

We use the anonymous data that we collect on an aggregate basis to gain a better understanding of the visitors to our Site and to improve our website and product offerings. We reserve the right to license or sell this aggregated information to third parties for industry analysis, demographic profiling and other purposes, but this information will not contain your individually identifiable personal information.

Shipment Recipients And Referrals

We may provide an e-mail/ text messaging service for alerting recipients that a shipment is on it’s way through the Jahaji service. If you elect to provide us with an e-mail address or contact no. of the person or organization receiving your shipment, we will send the recipient a notification message of the shipment and the expected delivery time frame. We may also use the recipient’s contact information from time to time to send the recipient a promotional message about our services, and will always give the recipient the option to decline any future promotional messages.

We may also provide you with the opportunity to refer a potential customer to our Jahaji services and earn a commission on the referral. To take advantage of this opportunity, you will need to provide Jahaji with the e-mail address of the potential customer. We will include your name in the promotional message that we send the potential customer, but will always give the potential customer the option to decline any future promotional messages.

Of course, we will not share recipient or potential customer contact information with other third parties for their marketing purposes. We may, however, share the recipient or potential customer contact information with Teams or Super Teams for purpose of performing the delivery services.

Information Shared With Our Business Partners

We may use business partners to help us design and operate our Site and provide services to support the Site. We may also hire a company to run certain website applications, provide data storage and processing services, or help us analyze our data. These business partners may have access to the personal information that we keep, but only so that they may perform these tasks on our behalf. We do not allow these business partners to make any independent commercial use of the individually identifiable information that we store, to share such data with third parties or from making the data publicly available. Keep in mind, however, that if you establish a separate relationship with one of these business partners, the information you provide directly to that organization will be subject to its terms of use and its privacy practices.

We may also provide your personal information to our business partners or other trusted entities for the purpose of providing you with information on goods or services we believe will be of interest to you. You can, at any time, opt out of receiving such communications. Third party vendors, including Google, use cookies to serve ads based on a user’s prior visits to Jahaji. You can disable these specific cookies that track prior visits for the sake of follow-up advertising by opting out at http://www.google.com/privacy_ads.html.

Information Shared With Super Teams

Teams for different geographic areas may be organized under a larger entity (a “Super Team”). Any information that you share with the Site may also be shared with a Super Team and may be used by the Super Team in any manner consistent with this Privacy Policy as if the Super Team were us.

Business Operations, Law Enforcement And Legal Actions

We may release your information without prior notice when we believe it is appropriate to prevent fraud or to prevent or stop activity that we know or suspect may be illegal, unethical or legally actionable; to comply with law or to cooperate with law enforcement activity or other governmental request; to respond to subpoenas, court orders or administrative agency requests for information; to enforce our policies; to protect the rights, property and safety of our business and of others; or when otherwise required by law. If there is a sale or merger of the company, division or business unit that operates this Site, we may also transfer the information we have collected in connection with such sale or merger.

We will use the information we collect to continuously improve our business and our website development. Your comments and suggestions are always appreciated. Please contact us at support@jahajibd.com if you have any comments or suggestions.

Third Party Websites

This Site may contain links to other websites operated by companies that are not affiliated with us. Also, you may have come to this website from a website that is not operated by us. We are not responsible for the operation of these other sites or the information that they collect from their visitors. If you would like to know how another site collects and uses your information, please review its privacy policy.

Changes To Your Information

The information you provide us isn’t set in stone. You may review, update, correct or delete the personal information in your profile at any time. If you would like us to remove your information from our records, please contact as at support@jahajibd.com. We will attempt to accommodate your request if we do not have a legal obligation to retain the record.

How We Protect Your Data

If you have registered on this Site, you should be sure to protect your user ID and password to prevent others from being able to access the Site or app in your name. You should also be on guard for “phishing” scams and similar types of identity theft schemes. We do not and will not, at any time, request your credit card information, your account ID, login password, or national identification numbers in a non-secure or unsolicited e-mail or telephone communication.

If there is a breach of security involving your personal data that requires notification, you agree that we may notify you about the breach via email or by a conspicuous posting on this Site. We will make the notification without unreasonable delay, consistent with the legitimate needs of law enforcement and any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system.

If you have any questions about security on our website, you can contact us at support@jahajibd.com.

Data Integrity And Retention

We use the information that we collect about you only for the purposes for which it is collected and consistent with this policy. We keep information provided to us for as long as we believe necessary for our business purposes and as permitted by applicable law.

Changes To This Policy

Our business and the laws that regulate us change from time to time, and we reserve the right to change this policy. If we do change this policy, we will post the revised version on this Site. If we propose to change our policy in a way that would permit us to make additional uses of information that we had previously collected about you, we will provide you with a meaningful way to opt out of those additional uses.

Data Subject To Bangladesh Law

Jahaji is located in Khulna and operates its website and app in all over Bangladesh. Depending on where you live, the information that you provide and that this Site collects may be stored on servers that are outside of your state, province, country or other governmental jurisdiction, and the privacy laws that apply may not be as protective as those in your home jurisdiction. If you are located outside the Bangladesh and choose to provide information to us, Bangladesh transfers personal information to other countries and processes it there. By using this website, you consent to this transfer and processing of data.

Children

While our Site is available for all to come visit, you must be an adult to register on our website and use our services. We will not knowingly collect information about children under the age of 18. If you are a parent who believes that we have collected information about a child under age 18, please contact us at support@jahajibd.com with your child’s name and address, and we will be happy to delete the information we have about your child from our records in accordance with childrens act 2013.

This Policy Is An Agreement

When you visit this Site, you are accepting the practices described in this Privacy Policy.

Contacting Us

Please contact us at support@jahajibd.com and let us know if you have any questions or comments about our policies or practices.