Welcome to Cholo Technology BD LTD. As a Cholo driver, you play a vital role in helping our customers and passengers move and receive goods. By signing up to provide transportation or delivery services through the Cholo platform, you agree to the following terms.
1. Definitions
Here are the key terms used throughout this agreement:
Driver: The individual who has registered with Cholo to provide transportation or delivery services using their vehicle.
Cholo Technology BD LTD. (Cholo): The company that provides the platform connecting drivers with passengers or customers requiring transportation or delivery services.
Platform: Cholo’s mobile app and website, through which drivers receive trip or delivery requests.
Passenger: A person who requests and uses Cholo’s transportation service via the platform.
Customer: A person who orders products or goods for delivery through the Cholo platform.
Vehicle: The mode of transportation (bike, car, or other) used by the driver to fulfill rides or deliveries.
Trip: The transportation of a passenger or goods from a pick-up point to a drop-off location.
Fare: The payment a driver receives for completing a trip or delivery, based on distance, time, and service type.
Service Fee: A percentage of the fare or delivery charge retained by Cholo for using its platform.
Earnings: The amount the driver receives after the service fee and any other applicable charges are deducted.
Payout: The transfer of earnings to the driver’s designated account.
Independent Contractor: The status of the driver, meaning they are not an employee of Cholo but offer services independently through the platform.
Dispute Resolution: The process for addressing issues or conflicts between drivers, customers, or Cholo.
Suspension: Temporary deactivation of the driver’s account due to performance or rule violations.
Termination: Permanent deactivation of a driver’s account, resulting from continued breaches or misconduct.
Ride Request: A notification received by the driver via the Cholo app for a nearby trip or delivery task.
Cancellation: When a passenger or customer cancels a trip or delivery before it is completed.
Trip Completion: The point at which the driver successfully drops off the passenger or goods at the specified location.
2. Driver Eligibility
To become a Cholo driver, you must meet the following requirements:
Age: You must be at least 18 years old.
Driving License: You must have a valid driving license for the type of vehicle you use (bike, car, or other) in accordance with Bangladesh law.
Vehicle Registration and Insurance: Your vehicle must be legally registered, and you must hold comprehensive insurance to cover any potential accidents or damage.
Background Check: You may be required to pass a background check to ensure passenger and customer safety.
3. Driver Responsibilities
As a Cholo driver, you agree to:
Follow Traffic Laws: Adhere to all local traffic laws and regulations.
Maintain Vehicle Condition: Ensure your vehicle is clean, safe, and regularly maintained.
Professionalism: Be polite and respectful to passengers and customers. Avoid offensive or dangerous behavior.
Timeliness: Arrive promptly at the pick-up location and deliver passengers or goods within a reasonable time frame.
Service Quality: Strive to maintain a high rating by offering quality service. Ratings below a certain threshold may lead to suspension or account deactivation.
4. Use of the Platform
Trip Requests: You will receive notifications for ride or delivery requests through the Cholo app. You are free to accept or decline requests at your discretion.
Acceptance and Cancellation: Once you accept a trip, you are responsible for completing it unless there is an emergency. Frequent cancellations without valid reasons may lead to penalties or account suspension.
Driver App: You must keep the app updated and active to receive requests. You are responsible for the internet and data costs associated with using the Cholo app.
5. Fare and Payment
Fare Calculation: Fares are calculated based on distance, time, and service type. The fare shown in the app is the amount you will receive, minus Cholo’s service fee.
Service Fee: Cholo retains a small percentage of each fare as a service fee. This fee helps cover platform costs, marketing, and support.
Payouts: Your earnings will be transferred to your designated account on a regular basis (weekly or bi-weekly). Payment delays may occur due to bank or processing issues.
Upfront Pricing: For certain rides, customers may see upfront pricing. This fare might be adjusted if there are unexpected delays or route changes.
6. Cancellations
Customer or Passenger Cancellations: If a customer cancels the trip after you’ve arrived at the pick-up location, you may be entitled to a cancellation fee.
Driver Cancellations: You may cancel a trip for safety reasons, or if the passenger does not arrive within a reasonable time. However, frequent cancellations without proper cause may result in account suspension.
7. Driver Code of Conduct
Respect and Safety: You must ensure passengers and customers feel safe during the trip or delivery. Do not engage in unsafe driving, aggressive behavior, or harassment.
No Promotions: You are not allowed to promote services or businesses that compete with Cholo while using the platform.
Prohibited Activities: The use of illegal substances, unsafe driving, or involvement in unlawful activities will result in immediate account deactivation.
8. Vehicle and Insurance
Vehicle Responsibility: You are responsible for maintaining your vehicle in a safe and roadworthy condition. This includes regular checks for tires, brakes, and overall vehicle health.Insurance Requirements: You must have valid vehicle insurance, which covers both you and any potential liabilities to passengers, customers, or third parties in the event of an accident.
9. Suspension and Termination
Suspension: Cholo may suspend your account temporarily if you receive consistent low ratings, customer complaints, or violate traffic laws. Suspension allows time to review and address issues.
Termination: Your account may be terminated permanently for repeated violations, fraudulent activities, or dangerous driving behavior.
10. Confidentiality and Data Protection
Confidentiality: You agree to keep any confidential information about Cholo or its passengers/customers secure. This includes not sharing personal details of customers or the company’s proprietary data.
Data Use: By using the Cholo platform, you consent to Cholo collecting, storing, and processing your personal data for purposes related to service delivery and safety.
11. Indemnity
You agree to indemnify and hold harmless Cholo from any claims, damages, or losses resulting from your actions or negligence while using the platform. This includes accidents, damage to property, or injuries to third parties.
12. Disclaimer of Warranties
Platform Availability: Cholo makes no guarantees about the availability or uptime of the platform. Technical issues may occur that disrupt service, and Cholo will not be liable for such interruptions.
Assumption of Risk: You acknowledge that driving or delivering through Cholo involves inherent risks, including road accidents, theft, and customer disputes.
13. Limitation of Liability
Cholo’s liability is limited to the amount of service fees collected for the rides or deliveries you complete. We are not liable for any indirect, incidental, or consequential damages.
14. Dispute Resolution
Customer Complaints: If a dispute arises between you and a customer, you must notify Cholo for mediation. We will work to resolve the issue fairly, but our decision is final.
Legal Recourse: If disputes cannot be resolved, they will be settled through arbitration in Dhaka, Bangladesh, in accordance with the Arbitration Act 2001.
15. Changes to the Terms
Cholo reserves the right to modify these terms at any time. Changes will be communicated via the platform, and your continued use of the service will indicate acceptance of the new terms.
16. Governing Law
These Terms of Service are governed by the laws of Bangladesh. Any disputes arising under these terms will be subject to the exclusive jurisdiction of the courts of Bangladesh.