User Agreement for Transportation Services
This document (hereinafter referred to as “Agreement”) constitutes the terms and conditions governing the use of transportation services provided by Cholo (hereinafter referred to as “Service Provider”) in Bangladesh. By accessing or using the transportation services offered by Cholo, you (referred to as “User” or “Passenger”) agree to be bound by the terms and conditions outlined in this Agreement. If you do not agree to these terms, you may not access or use the services provided.
1. Services Provided
Cholo offers an online platform that connects users with drivers for transportation services. The platform allows users to arrange and schedule transportation services with independent third-party drivers (referred to as “Drivers”) under contract with Cholo. The services provided are intended for personal, non-commercial use unless otherwise agreed in writing by Cholo.
2. Disclaimers and Indemnity
DISCLAIMER:
The services provided by Cholo are offered on an “as is” and “as available” basis. Cholo disclaims all representations and warranties, express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Cholo does not guarantee the quality, suitability, safety, or ability of the Drivers. Users agree that the use of the services is at their own risk.
LIMITATION OF LIABILITY:
Cholo shall not be liable for any direct, indirect, incidental, special, exemplary, punitive, or consequential damages, including but not limited to loss of profits, loss of data, personal injury, or property damage. Cholo shall not be liable for any damages, liabilities, or losses arising out of or in connection with the use of the services or any transaction between the User and the Drivers.
INDEMNITY:
Users agree to indemnify and hold Cholo and its officers, directors, employees, and agents harmless from any claims, demands, losses, liabilities, and expenses arising out of or in connection with the use of Cholo’s platform and services.
3. Governing Law and Dispute Resolution
This Agreement shall be exclusively governed by and construed in accordance with the laws of the Bangladesh. Any dispute arising out of or relating to this Agreement shall be resolved through arbitration in accordance with the rules of Bangladesh. The language of arbitration shall be Arabic, unless the User is a non-Arabic speaker, in which case, arbitration shall be conducted in English and the User’s native language.
4. General Provisions
Notices:
Cholo may provide notices through the platform, electronic mail, or written communication sent by ordinary mail to the User’s address. Users may give notice to Cholo by written communication to the address provided by Cholo.
Website and App Platform Policy
Cholo may collect location information, including GPS, IP address, or Wi-Fi network, to provide a seamless user experience. This information is used for various purposes, including calculating prices, facilitating meetings with Drivers, providing trip status updates, and ensuring safety and security.
User Accounts:
Users must register for an account to use the services. Account registration requires accurate and up-to-date personal information. Users are responsible for maintaining the security of their accounts.
User Requirements and Conduct:
Users must be at least 18 years old to use the services. Users must comply with all applicable laws and may not cause nuisance, annoyance, or property damage while using the services.
Text Messaging and Alerts:
Users may receive text messages as part of the service. Users may opt-out of receiving messages at any time.
Network Access and Devices:
Users are responsible for obtaining data network access necessary to use the services. Cholo does not guarantee that the services will function on all devices.
Payment:
Users may be charged for the services received. Payment is facilitated by Cholo on behalf of the Drivers. Charges are final and non-refundable.
Repair or Cleaning Fees:
Users are responsible for the cost of repair or cleaning of vehicles resulting from their use of the services.
Cancellation Policy:
Users may cancel trips subject to certain conditions and fees. Drivers may also cancel trips under specific circumstances. Cholo may cancel trips without bearing additional costs.
Conclusion
By accessing or using the services provided by Cholo, you acknowledge that you have read, understood, and agree to be bound by the terms and conditions outlined in this Agreement. If you do not agree with any part of this Agreement, you may not access or use the services.