Terms and Services
Terms and Conditions
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES. In these Terms, the words "including" and "include" mean "including, but not limited to."
Your access and use of the Services constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and Pathao Ltd. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior agreements or arrangements with you. Pathao Ltd may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.
Supplemental terms may apply to certain Services, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to you in connection with the applicable Service(s). Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Service(s). Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.
Pathao Ltd may amend the Terms related to the Services from time to time. Amendments will be effective upon Pathao Ltd's posting of such updated Terms at this location or the amended policies or supplemental terms on the applicable Service(s). Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended.
1. Site Use Generally
1.1 Limited License.
You are granted a limited, revocable license to access and make use of the Site for your personal use in accordance with these Terms. This license does not include, and you are expressly prohibited from:
creating derivative works using the Site or its contents;
using data mining tools, bots, or similar data gathering techniques and tools;
framing or using framing techniques to enclose any Site content without our express written consent; and
using any meta tags or any other 'hidden text' that uses our name or any of our trademarks or services mark.
No material from our Site may be copied, reproduced, republished, downloaded, posted, displayed, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer for your personal, noncommercial home use only, provided that
you keep intact all copyright and other proprietary notices, and
you make no modifications to the materials. Except as expressly provided herein, we do not grant any express or implied right to you under any patents, copyrights, trademarks or trade secret information. We may terminate this license and your rights to use the Site for any reason at any time.
1.2 Links to Other Materials
We do not connect through any third party content. We do not control, and shall have no responsibility for, Third-Party Content, including material that may be unlawful, misleading, incomplete, erroneous, offensive, indecent or otherwise objectionable. You must evaluate the veracity of, and bear all risks associated with your exposure to, Third-Party Content, including without limitation, profiles of other users of the Site.
1.3 Your Account.
You may register at the Site and set up an account if you are eighteen (18) years of age or older. Do not register if you are not eighteen (18) years of age or older. If you are over eighteen (18) years of age and do register, then you will have an email address/username and password for your account. You are responsible for maintaining the confidentiality of your account, username and/ or password and for restricting access to your computer. You accept responsibility for all activities that occur under your account or password. You will provide only current, complete, accurate and truthful information. If you are accessing and using the Site on behalf of another individual or entity, then you represent that you have the authority to bind that person or entity as the principal to these Terms, and to the extent you do not have such authority you agree to be bound to these Terms and to accept liability for harm caused by any wrongful use of the Site resulting from such access or use. We reserve the right to refuse service and/or terminate accounts without prior notice if these Terms are violated or if we decide, in our sole discretion, that it would be in our best interests to do so.
1.4 Site Limitations.
You acknowledge that data entry, communication and storage are subject to a possibility of human and machine errors, omission, delays, down time, and losses, including inadvertent loss of data or damage to media, which may give rise to loss or damage or which may prevent access to the Site. We will not be liable in any way to you or any other party for errors, omissions, delays, interruptions, or losses.
2. User content & conduct
2.1 Neutral Venue
You acknowledge and agree that the Site will function solely as a conduit for the receipt, management and transmission of content supplied by you and us. We are not involved in the actual face-to-face contact between users, and we have no control over the conduct of our users or the truth or accuracy of the information that users post on the Site. We are not responsible for any Content given by the users. We will not monitor, exercise control over, or review, evaluate, or assess any Content. As between you and us, you have complete responsibility for any claim that any Content was unlawfully or improperly delivered, received, stored, processed, copied, adapted, reproduced, published, transmitted or divulged, and any other similar claims arising out of your or another party's proper or improper use of Content.
2.2 Content License
If you post or submit Content through the Site, and unless we indicate otherwise, you hereby grant to us a perpetual, worldwide, royalty-free, fully paid-up irrevocable right and license, which we may sublicense, to:
use, copy, reproduce, perform, display, publish and distribute (internally and externally) copies of, the Content (including any trademarks that consist of text or that are embedded or incorporated into such Content, e.g., a logo in a product image); and
adapt, modify, re- format and create derivative works of such Content which derivative works are also subject to the license set forth in clause (a). You also hereby grant us and our sublicensees the right to use the name that you submit in connection with such Content. Our rights to the Content will apply to the Content in any form or medium, whether now known or hereafter known.
2.3 Content Violation
As between You and us, You have complete responsibility for any claim that any Content was unlawfully or improperly delivered, received, stored, processed, copied, adapted, reproduced, published, transmitted or divulged, and any other similar claims arising out of Your or another party's proper or improper use of the Content. We may, but are not obligated, to review Content that you submit. If notified that Content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove or request the removal of the Content. We have no liability or responsibility to you and other users for performance or nonperformance of such activities. We reserve the right to expel you and prevent your further access to the Site for violating these Terms or the law and the right to remove Content that is abusive, illegal, or disruptive. We have no obligation to post any Content from you or anyone else. In addition, we may, in our sole and unfettered discretion, edit, remove or delete any Content that you post or submit. We may take any action with respect to Content that we deem necessary or appropriate in our sole discretion if we believe it may create liability for us.
2.4 Content Warranty
You represent and warrant to us that
You have the rights to grant us the rights that You purport to grant in this Agreement;
Content is accurate and not misleading; and that
Content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam."
2.5 Restrictions on Use
You agree that you will not:
interfere, breach or abuse the security measures implemented to limit access and protect the Site and the resources used to provide the Site;
disrupt or interfere with the operation of the Site or the resources used to provide the Site;
transmit through the Site any virus, trojan horse, or similarly harmful, disruptive or destructive computer program, script or object;
monitor, mirror, copy, summarize or create any derivative work from any website through which some or all the Site is provided or any materials used to provide the Site (including the underlying software);
use another person's account or password to access the Site or otherwise obtain unauthorized access to the Site or the data or information of another person;
use the Site in any illegal manner or for any illegal purpose, or any other manner or purpose that would expose us or our service providers to civil or criminal liability;
use the Site to transmit any form of unsolicited commercial e-mail or similar messages or otherwise use the Site for commercial purposes;
transmit or communicate to us or our service providers any information that is illegal or which it does not have permission to transmit or communicate;
reverse engineer, decompile or reverse assemble any software used to provide the Site;
use the Site in any manner that could reasonably be expected to damage, disable, overburden or impair the Site;
interfere with the security of, or otherwise abuse the Site or the system resources, accounts, servers or networks connected to or accessible through the Site;
permit any person under the age of 18 to access or use the Site; register for more than one Courier account and one Customer account or register for a user account on behalf of an individual other than yourself;
impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
use automated scripts to collect information or otherwise interact with the Service or the Site;
use the Site to find a Customer or Courier and then complete the transaction offline in order to circumvent your obligation to pay for the service;
submit any listing with a false or misleading price, or submit any listing with a price that you do not intend to honor;
submit a bid on a job that you cannot or do not intend to perform; or
attempt, or permit or authorize any other person to do, or omit to restrict any user from doing, any of the foregoing. We reserve the right to suspend or restrict the provision of the Site as we determine in our sole discretion.
2.6 Identity Verification
Pathao Ltd will be responsible for determining the identity and suitability of others with whom you connect through this Site. We encourage you to communicate directly with the Couriers through the tools available on the Site and to review your Couriers' profile pages for feedback from other users.
2.7 Your Experience with Other Users
You are solely responsible for your interactions with other users of our Services. We will not be responsible for any damage or harm resulting from your interaction with any other user of the Site. We reserve the right, but have no obligation, to monitor interactions between you and other users of the Site and to take any other action in good faith to restrict access to or the availability of any material that we or another user of our Site may consider obscene, lewd, lascivious, filthy, violent, harassing or otherwise objectionable.
You agree that any legal remedy or liability that you seek to obtain for actions or omissions of other users will be limited to a claim against the particular user or users who caused you harm. You agree not to attempt to impose liability on, or seek any legal remedy from Pathao Ltd. You hereby release Pathao Ltd (and its officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands, damages (actual, consequential, nominal, punitive, or otherwise), equitable relief, and any other legal, equitable, and administrative remedy, of every kind and nature, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, past, present, or future, arising out of or in any way connected with your communication or interaction with other users on the Site or your experience as Customer or Courier in connection with the Site. If you are a Bangladesh resident, then you waive Bangladesh Code of civil procedure 1908, which provides: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor."
2.9 Posting Jobs
If you assign a job through the Site which is accepted by you and a Courier, you acknowledge and agree that the price we specify for that job will constitute an essential part of a binding agreement between you and the Courier. You further agree not to alter the price once accepted.
2.10 Legal Compliance
You are responsible for using the Site in a manner that complies with all applicable local, state, national and international laws and regulations.
3.1 Fee Structure
As a Customer, you agree to pay the amount agreed upon between you and Pathao Ltd.
3.2 Payment Logistics
As a Customer, if you accept the agreement from Pathao Ltd for a job you've assigned, then you will provide your address. You will be bound to pay the fee once the courier arrives to collect the parcel.
3.3 Cancellation and Refunds
As a Customer, you may cancel a posted job at any time prior to accepting a Courier's bid. If you decide to cancel a job after you have accepted the agreement, you may be able to receive a refund; however, cancelation fees may apply. If you want to cancel the shipment before the courier arrives at your doorsteps we will not charge any money however you have to give us 50% compensation if the courier is at your doorstep and you want to cancel the shipment.If a Courier fails to perform a job or performs the job poorly, then you may be able to receive up to a full refund of your service fees; however, you are not entitled to additional compensation by Pathao Ltd. Pathao Ltd will work to help you resolve a dispute with a Courier who has missed a job assignment, lost or damaged your packages, or committed theft. To provide an efficient and safe marketplace, you will contact the Courier directly if you have a dispute and notify Pathao Ltd of the dispute.
3.4 Payment Systems
You agree that you will not use the Cash on delivery service or other in connection with the Site for any activity that:
3.4.1 violates any law, statute, ordinance or regulation;
3.4.2 relates to sales of
narcotics, steroids, certain controlled substances or other products that present a risk to consumer safety,
items that encourage, promote, facilitate or instruct others to engage in illegal activity,
items that promote hate, violence, racial intolerance, or the financial exploitation of a crime,
items that are considered obscene,
items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction,
certain sexually oriented materials or services, or
ammunition, firearms, or certain firearm parts or accessories, or,
certain weapons or knives regulated under applicable law;
3.4.3 relates to transactions that
show the personal information of third parties in violation of applicable law,
support pyramid or ponzi schemes, matrix programs, other "get rich quick" schemes or certain multi-level marketing programs,
are associated with purchases of real property, annuities or lottery contracts, lay-away systems, off-shore banking or transactions to finance or refinance debts funded by a credit card,
are for the sale of certain items before the seller has control or possession of the item,
are by payment processors to collect payments on behalf of merchants,
are associated with the following Money Service Business activities: the sale of traveler's checks or money orders, currency exchanges or check cashing, or
provide certain credit repair or debt settlement services;
3.4.4 involves the sales of products or services identified by government agencies to have a high likelihood of being fraudulent;
3.4.5 violates applicable laws or industry regulations regarding the sale of
tobacco products, or
prescription drugs and devices; or
3.4.6 involves gambling, gaming and/or any other activity with an entry fee and a prize, including, but not limited to casino games, sports betting, lottery tickets, other ventures that facilitate gambling, games of skill (whether or not it is legally defined as a lottery) and sweepstakes unless the operator has obtained prior approval from the government of the Bangladesh and the operator and customers are located exclusively in jurisdictions where such activities are permitted by law.
4. Intellectual Property
4.1 Copyright and Trademark
The Site design, software applications, data compilations, text and graphics, and the selection and arrangement of such elements are copyrighted and are protected by worldwide copyright laws and treaty provisions, ALL RIGHTS RESERVED. Unless otherwise indicated, all product and service marks and logos displayed on the Site are subject to our trademark rights. "Pathao," and "www.pathao.com" are trademarks of Pathao Ltd protected by Bangladesh law; you agree not to use such marks for any purpose, including but not limited to as metatags on other websites, in written materials or otherwise.
4.2 Use of Our Intellectual Property.
You may not systematically retrieve data or other content from our Site to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise. You may not display any portion of our Site in a frame (or any content from our Site through in-line links) without our prior written consent, which may be requested by contacting us at email@example.com. You may, however, establish ordinary links to the homepage of our Site without our written permission, and you may make use of embedded HTML "widgets" if we have provided the HTML code.
We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time: (a) terminate your access to our Services, (b) deactivate or delete any of your accounts and all related information and files in such accounts and (c) bar your access to any of such files or Services. Upon termination we will promptly pay you any applicable fees held in escrow and due to you, less our Service Fee.
6. Modification of Service
We may, in our discretion and without liability to you, with or without prior notice and at any time, modify or discontinue, temporarily or permanently, any portion of our Services.
7. DISCLAIMER OF WARRANTIES.
7.1 YOUR USE OF THE SITE AND INTERACTION WITH CUSTOMERS AND COURIERS IS AT YOUR SOLE RISK. PATHAO IS A REPUTATION-BASED SYSTEM. TAKE ADVANTAGE OF OTHER USER'S COMMENTS AND THIRD-PARTY REFERRALS ON CUSTOMERS AND COURIERS. USE COMMON SENSE. BE AWARE AND BE SAFE. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM, AND YOU WAIVE, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
WE DO NOT REPRESENT OR WARRANT THAT (A) THE SITE WILL MEET YOUR REQUIREMENTS; (B) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) ANY INFORMATION THAT YOU MAY OBTAIN THROUGH THE SITE WILL BE ACCURATE OR RELIABLE; (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS; OR THAT (E) ANY ERRORS IN ANY DATA OR SOFTWARE WILL BE CORRECTED.
IF YOU ACCESS OR TRANSMIT ANY CONTENT THROUGH THE USE OF THE SITE, YOU DO SO AT YOUR OWN DISCRETION AND YOUR SOLE RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE ARISING OUT OF SUCH ACCESS USE OR TRANSMISSION.
NO DATA, INFORMATION OR ADVICE OBTAINED BY YOU IN ORAL OR WRITTEN FORM FROM US OR THROUGH OR FROM THE SITE WILL CREATE ANY REPRESENTATION OR WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
8. Limits on Liability
8.1 WE SHALL NOT BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INCIDENTAL, GENERAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES) EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING FROM OR RELATING TO:
THE USE OR INABILITY TO USE THE SITE;
HARM OR DAMAGE TO YOUR PROPERTY AS A RESULT OF USING THE SITE;
DISCLOSURE OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR CONTENT;
ANY HARM TO YOU CAUSED IN WHOLE OR PART BY A THIRD PARTY, INCLUDING BUT NOT LIMITED TO A CUSTOMER, COURIER, OR ANY OTHER USER OF THE SITE;
STATEMENTS, CONDUCT OR OMISSIONS OF ANY CUSTOMER, COURIER, OR OTHER THIRD PARTY ON THE SITE; OR
YOUR OR ANYONE ELSE'S CONDUCT OR ACTS IN CONNECTION WITH THE USE OF THE SITE, INCLUDING WITHOUT LIMITATION FROM INTERACTIONS WITH OTHER USERS OF THE SITE OR PERSONS INTRODUCED TO YOU BY THE SITE, WHETHER ON-LINE OR OFF-LINE.**
8.2 WE SHALL NOT BE LIABLE FOR ANY FAILURE OR DELAY IN PERFORMING UNDER THESE TERMS DUE TO CAUSES BEYOND OUR REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF NATURE AND POWER, INTERNET, AND EMAIL DISCONTINUITY.
You shall defend, indemnify and hold us (and each of our officers, directors, and employees) harmless from any third-party claim, demand, action, damage, loss, cost or expense, including without limitation reasonable attorneys' fees, arising out of or relating to
your use of the Site; or
allegations of facts or circumstances that, if true, could constitute your breach of any of these Terms. We will control any such defense and related settlement and you will reasonably assist us therewith at your expense.
10. Reporting misconduct
If you conduct business through the Pathao Site with anyone who you feel is acting or has acted inappropriately, including but not limited to offensive, violent or sexually inappropriate behavior, or who engages in any other disturbing conduct, then you will immediately report such person to the appropriate authorities and then to us by contacting us with your police station and report number at firstname.lastname@example.org; provided, however, that any such report shall not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.
11. Jurisdiction and Venue
These Terms shall be interpreted in accordance with the laws of Dhaka, Bangladesh, without regard to conflicts-of-law principles. Any lawsuit related to this Agreement shall be brought in any state or court located in Dhaka, Bangladesh and you hereby irrevocably agree and consent to the exclusive jurisdiction of the courts sitting in Dhaka. You and Pathao Ltd each waives any right to have a jury participate in resolving any dispute, whether sounding in contract, tort or otherwise, between or among any of the parties arising out of, connected with, related to or incidental to this Agreement. Instead, any disputes resolved in court will be resolved in a bench trial without a jury.
12. Attorney's Fees
The prevailing party in any action brought under this agreement shall be entitled to reasonable attorney's fees and costs.
These Terms contain the entire agreement between the parties with respect to the subject matter hereof and supersede any previous or contemporaneous oral or written agreements and understandings regarding such subject matter. Our failure or delay in exercising any right, power or privilege under these Terms shall not operate as a waiver thereof. The invalidity or unenforceability of any of these Terms shall not affect the validity or enforceability of any other of these Terms, all of which shall remain in full force and effect. We may assign our rights and delegate our obligations under these Terms in whole or part to a third party. Headings of sections are for convenience only and shall not be used to limit or construe such sections. Sections of this Agreement, which by their nature would survive termination of these Terms, shall survive any termination or expiration of these Terms, including without limitation, Sections 2.8 (Release), 1.3 (Minors), 2 (User Content & Conduct), 4 (Intellectual Property), 7 (Disclaimers), 8 (Limits on Liability), 9 (Indemnification), and 11 through 13. Please contact us at email@example.com with any questions regarding these Terms.