Terms of Service: ShopLast updated: May 1, 2020
1. Nature, Scope, and Extent of Pathao Shop Service
1.1 Services by Pathao
The service of the company comprises mobile applications and related software, networking tools and panels (collectively, the “Application”). Through the application you are able to buy, purchase certain goods, products (Merchandise) from third party providers/sellers via Pathao Shop as well as receiving home delivery of the merchandise (collectively “End Benefit”). Thus, Services to you by the Company constitute Information Technology Enabled Services (ITES) that enables you to order, purchase, buy products and receive delivery of merchandise (End Benefit). The Company, through its “Application”, provides information and method to you for establishing contact with Independent Third Parties for availing and buying End Benefit. In certain instances, the Services may also include an option to buy products etc and/or delivery services for an upfront price, subject to acceptance by the respective seller (merchant). Therefore, ITES service of the company is limited to link you and/or enable you to establish contact with such independent third-party sellers(merchant) and deliverymen. The Company does not and shall not intend to be the seller of End Benefit services or any act that can be construed in any way as an act of end benefit service provider. The Company shall never be responsible or liable for any act, omission, negligence, and/or failure whatsoever of the Seller (Marchant), Independent Third-Party Service Provider with regard to End Benefit and related services provided to you.
1.2 The Company is neither a seller (marchant) nor manufacturer ( distributor) of merchandise
Pathao is a technology company that does not sell or engage in sale, unless otherwise express and undertakes to sell merchandise and related services.As information technology enabled service (ITES) provider, Pathao does not sell any merchandise, goods or products(end benefit). It is the independent third-party seller, vendor, merchant, manufacturer and distributor who offer, provide and sell merchandise, goods or products(end benefit) to you through the ITES service of the company. Pathao shop is intended to be used for facilitating you, as buyer(customer), to order, purchase, buy and receive end benefit services. Except ITES services, you shall never assume or cause any person to understand that the company offers, provides, performs or sells the end benefit to you . Therefore, the company does not and shall never deem to have been the seller of end benefit or similar service provider unless the company agreed in writing otherwise.
Pathao Shop is an online platform where sellers (merchants) and buyers (customers) are able to directly connect with each other. Pathao Shop promotes sellers in its platforms and buyers are able to be in direct contact with these sellers. Pathao does not manufacture nor does it take responsibility for any product sold on its platform. All the goods sold through Pathao Shop are sold by the sellers of and responsibility is taken by the sellers as per their agreements with Pathao. Unless it is stated in the product information that a certain product has guarantee for it, Pathao does not provide any warranty or guarantee for products. As a Customer, you are provided with information regarding the sellers and are responsible for checking the originality of the said products. Being an online platform for Merchant(s), Pathao does not store any products and cannot check the originality of the products and cannot guarantee it unless it is from their Merchant- partners. As a buyer (Customer) you are advised to directly consult with the seller to be assured of the quality and originality of the products.
1.3. Your rights and responsibilities as purchaser, buyer at Pathao Shop
1.3.1 You shall order or book a merchandise (Goods, Products, etc) and related delivery service only if you are willing to avail the end benefit on the basis of the information provided through the Application. Therefore, you shall not cancel any order once it is confirmed unless your rejection qualify for return and refund policy;
1.3.2 Any mismatch with regard to merchandise as provided in the application and in reality, or any other related issue, you shall notify and claim return or refund as per the return and refund policy of Pathao;
1.3.3 Any mismatch (dispute) with regard to quality, quantity, weight, items, etc of merchandise (product, goods, etc) ordered and received shall be taken with the merchant, producer, manufacturer. With regard to issues and disputes as mentioned hereinabove, you will not lodge any complaint to any government or regulatory authority unless you make complain to the Company or third-party end benefit provider provided that the company or third party or both fails to resolve the same within the period of 30 days from the date when such dispute arises.
1.3.4 For canceling or returning any merchandise for any dispute as mentioned hereinabove, you will be required to pay the price of the merchandise, either fully or partially and shall at all-time be liable to pay a delivery charge in full;
1.3.5 Any warranty, guarantee, etc of merchandise shall be applicable as per the terms and conditions as may be given by the merchant, producer, manufacturer of the merchandise. Under no circumstance, Pathao shall be the provider or deem to have been the provider of any warranty, guarantee of any merchandise as may sold and purchased through the application.
1.3.6 At all times you shall interact and behave with Third Party End Benefit Service Provider including delivery men with due respect, honor and treat them in socially accepted norms and manner;
1.3.7 You shall be responsible for the cost of repair or any damage to merchandise as may be caused as a result of your misuse of the End Benefit Service.
1.3.8 Your right to sue or lodge a complaint to any court including the consumer rights protection directorate of the government is subject to mandatory arbitration and alternative dispute resolution mechanism as provided in the form of ‘Return & Refund Policy’’ of this agreement.
1.4 Payment of price of merchandise and deliver charge (payment for value of end benefit)
1.4.1 Price of merchandise and delivery charge shall be payable by you as per the price of merchandise as shown and displayed on the particular shop of merchants in the application. After successfully completing a purchase, you will have a soft copy of the auto-generated invoice through the registered email. The soft copy of the invoice will be stored in the application for a period of 03 (Three) months from the purchasing date.
1.4.2 Price and mode of imposing the same shall be determined by the Company from time to time with or without notice to you. Price of merchandise and delivery charge may be imposed independently or can be included in/with the price of end benefit service as the Company deem fit and proper;
1.4.3 You may choose to pay the price of merchandise and/or the delivery charge (collectively “Value of end benefit”) with cash or digital payment (“Mobile Financial Service” or “Online Payment Gateway”) or by purchased/refilled “Pathao Credits”(Pathao e-Wallet) or by Pathao Voucher (Promo/Discount Code or by any method as may be in generally accepted and recognized by the law of the country;
1.4.4 You may choose to purchase/refill/recharge your Pathao e-Wallet through any of the methods as may be made available in the Application from time to time.
1.4.5 Selecting a particular digital payment option for recharging your Pathao e-Wallet and/or making payment means you are agreeing to the terms of service of the Company’s digital payment processing Partners and in applicable instances, relevant banks and financial institutions. You will bear applicable fees, if any, that may be charged by such processing partners and/or bank and financial institutions.
1.4.6 The Company may at its sole and absolute discretion reject your request to purchase Pathao Credits for any reason whatsoever, including without limitation, where your proposed Pathao Credits purchase:
- a) would cause the aggregate amount of stored value held by the Company, directly or indirectly, alone or together with any person over whom the Company has control or influence, to exceed BDT 5,000; or
- b) would cause the amount of Pathao Credits held by you to equal BDT 5,000 or more.
1.4.7 The Pathao Credits will be valid for one (1) year from the date of its last use. Non-use of Pathao Credit by you for the period shall be deemed to be a waiver by you. In such a case, Company shall have the right to deal with the expired Pathao Credits in such manner as it deems fit in its absolute discretion;
1.4.8 The Pathao Credits are not redeemable for cash nor are they refundable. It cannot be resold, exchanged, or transferred for value.
1.4.9 The Company reserves the right to suspend the processing of any order, transaction when it reasonably believes that the order or transaction may be fraudulent, illegal or involves any criminal activity or where it reasonably believes you are in breach of the Terms and Conditions for respective third party and/or digital payment service provider. In such an event, you shall, not the Company, be liable for any withholding of payment and/or delay in, suspension of or cancellation of end benefit receivable you.
1.5 Return, Refund etc
1.5.1 You will have to submit return or refund claims by following the procedure and fulfilling claims criteria as outlined here.
1.5.2 For return and refund, you have to make a claim request within 03 (Three) calendar days from receiving or collecting the merchandise (delivery receiving date). If you do not or fail to make a claim within this time, the Company reserves the right to reject your claim.
1.5.3 After receiving your claim in due time, we will begin a Quality Inspection and investigation straight away. This investigation may take up to 07 calendar days to complete as this is a detailed search of our third-party suppliers’ facilities and feedback.
1.5.4 Once the investigation is completed, we will process your claim within 15 working days from the claim date.
1.5.5 If your claim is accepted, we will refund you in case you have made the advance payment or Cash-on-Delivery (COD) payment for the price of the merchandise.
1.5.6 If your claim is not accepted, we will notify you of the outcome and return your merchandise if you have made advance payment or Cash-on-Delivery (COD) payment for the price of merchandise.
1.6 Promotional offers, discount & rewards (Loyalty program)
The Company may, at its sole discretion, make promotional offers like discount through promo codes (voucher) etc with different features and rates with regard to its Service and End Benefit Service of Third Party. Pathao reserve the absolute right to decide whether you are entitled to promotional offers or not;
A promotional offer like promo code sent to you via mobile sms or any other mode cannot be transferred or assigned to anyone else. You can use it during the time when the promo is valid. The validity period or related terms and conditions may or may not be mentioned in the sms or in the website;
Any promo code received via SMS in your mobile number will only be applicable if your account is registered against that particular number. The promo code will not work with an account registered with a different mobile number;
If you get more than one promo code useable at the same time, the first applied promo code will be applicable;
If a promo code does not work then the issue shall have to be reported to the Company.
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 or 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.
1.8 Representation, acknowledgement, warranties by you
1.8.1 By using the Service, you expressly represent and warrant that all the information including Personal Identification Information (NID/Passport/Birth Certificate) to you have provided shall be true and accurate and Your use of the Service is for your own;
1.8.2 You agree that you shall 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 in connection with your warranties and representations;
1.8.3 You unconditionally understand and acknowledge that your right to purchase or buy any merchandise and related delivery and/or logistics services via the application of the company does not establish the company as a seller of merchandise or provider of logistics or delivery services and the company is not, in any whatsoever, responsible nor liable for the acts and/or omissions of any third party end benefit seller and/or any logistics services provided to you by such third party.
1.9 Refusal, blacklist and suspension of account
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. Therefore, your access to the application and availing the service may be refused for reasons including but not limited to:
- breaching any of your responsibilities to Company and/or third-party service provider;
- violation of warranty and representation;
- violation of Community GuideLine;
- receiving complaints about you from third party providers or employees of the Company about your behavior or interaction with anyone including but not limited to third party providers, Company’s employees, law enforcement, government authorities whilst and/or before using the Service.
2. Eligibility of Using
2.1 You will be “Eligible” to register on the Application and/or use Our Services only when You fulfill the following conditions:
- You have attained the minimum age prescribed by applicable law for accessing the application and availing, utilising the service of the Company;
- 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 restricted for any reason whatsoever to enter into a contractual relationship; and
- You are competent to enter into a contract under the applicable laws.
2.2 You may 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;
2.3 We rely completely on the information provided by You and We shall not be held liable if You or anyone who uses Your Account or the Services is not an Eligible user. You guarantee that the Company can rely on information provided by you as accurate, current and complete;
2.4 As a minor if You wish to avail the Services, such Services may be availed by you through your legal guardian or parents who have registered as User on the Application;
2.5 While 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 and amended from time to time;
2.6 Notwithstanding anything contained under these User Terms, Company reserve the right to terminate this agreement, refuse to provide You with access to the Application and/or refuse to provide the Services to You, if it is brought to Our notice or if it is discovered that You are not Eligible to register on/use the Site under these User Terms and/or Applicable Laws.
3. Registration (Sign Up)
3.1 You can register as an App User (Commuter, Consumer & Customer of End Benefit) subject to fulfilment of aforementioned eligibility criteria, by providing a valid phone number, Your name, valid and functional e-mail address and any other additional information that Pathao may be prescribed by relevant Regulatory Authority to satisfy Know Your Customer (KYC) norms or any other information that Pathao may deem fit and require from time to time (together referred to as “Registration Data”.
3.2 You will be allowed to open only one Account in association with the Registration Data provided by You.
3.3 Company may take up to 05 (five) working days for verifying and exhibiting and/or reflecting all identity documents, information associated or given in your account;
3.4 You hereby expressly consent to receive communications from Us to Your registered phone number and/or e-mail id. You consent to be contacted by Us via phone calls/SMS notifications. You agree that any communication so received by You from Us will not amount to spam, unsolicited communication or a violation of Your privacy.
3.5 You will have to create an ID and password at the time of registering on the Application. You are solely responsible for maintaining the confidentiality of Your Registration Data and will be liable for all activities and Usages that occur through Your Account, whether initiated by You or by any third party.
3.6 The password and other details of Your Account should not be shared with anybody. Your Account is non-transferable and is not capable of being sold to a third party.
3.7 Pathao shall not be liable for any loss that You may incur as a result of someone else using Your password or Account or accessing Your device, with or without Your knowledge and irrespective the misuse occured due to your negligence or not.
3.8 Pathao shall not be liable for any claims, damages, liabilities etc. that may be suffered by You or any third party as a consequence of any unauthorized use of Your account, and You shall be solely liable for the same.
3.9 In the event of any change in the said Registration Data, You agree to promptly update Your Account information to ensure that the communications We intend to send to You are promptly delivered to You and are not sent to any other entity/third party.
3.10 Pathao reserves the right to suspend or terminate Your Account with immediate effect and for an indefinite period, if We have reason to believe that the Registration Data or any other data provided by You is incorrect or false, or that the security of Your Account has been compromised in any way.
3.11 We reserve the right to suspend or terminate Your Account for reasons including but not limited to any fraud charges against you raised by any other App user, Account holder or concerned authorities, and You hereby authorize Us to share Your information with them for the purposes of investigation.
4. License grant and restriction
4.1 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. Therefore, 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 in order to (i) build a competitive product or service, (ii) build a product using similar ideas, features, functions or graphics of the Application and/or the Software, or (iii) 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.
4.2 You may use 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 violative of 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 or commit or attempt to commit any identity theft, identity fraud and impersonation;
- to abstain from any conduct that could possibly damage the Company’s reputation or amount to being disreputable.
4.4 It is possible that Other Users (including unauthorized users or “hackers”) may post or transmit offensive or obscene materials on the Site and that You may be involuntarily exposed to such offensive and obscene materials. It is also possible for others to obtain Personal Information about You on the public forum due to Your use of the Application, and that the recipient may use such information to harass or injure You. We do not approve of such unauthorized uses, but by using the Application, You acknowledge and agree that We shall not be responsible or liable for the use of any Personal Information that You publicly disclose or share with others on the Site, and for any unauthorized disclosure due to any reason not solely attributable to Us. Please carefully select the type of information that You disclose or share on the Application and with other users of the Application.
4.5 We reserve the right, but have no obligation, to monitor the materials posted on the Site. We shall have the right to remove or edit any content that in Our sole discretion violates, or is alleged to violate, any Applicable Law or either the spirit or letter of these User Terms. Notwithstanding this right of Pathao, you shall remain solely responsible for the content or the materials you post on the site and in your private messages. Please be advised that such content posted does not necessarily reflect Our views. In no event, we shall have any responsibility or liability for any content posted or for any claims, damages or losses resulting from the appearance of such content on the Site and/or its use thereof.
4.6 You hereby represent and warrant that You have all necessary rights in and to all the content You provide and to all the information contained therein and that such content shall not infringe any proprietary or other rights of third parties or contain any libelous, tortious, or otherwise unlawful information.
5. Interruption in using & internet delays
The service, application and or the software is subject to limitations, delays and other problems inherent in the use of the internet electronic communications including the device used by you. If your device is faulty, not connected, out of range, switched off or not functioning, the company shall never be responsible for any delays, delivery failures, damages or loss resulting from such problems.
6. Content posted on the application
6.1 All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Application is owned, controlled or licensed by or to Us, and is protected by copyright, patent and trademark laws, and various other intellectual property laws;
6.2 Except as expressly provided in these User Terms, no part of the Application and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without Our prior written consent.
6.3 You may use information on Our Services purposely made available by Us or by NP (Independent Party) for downloading from the Application, provided that You:
- do not remove any proprietary notice language in all copies of such documents; or
- use such information only for Your personal, non-commercial informational purpose, and do not copy or post such information on any computer network or broadcast it in any media; or
- make any modifications to any such information; or
- do not make any representations or warranties on Our behalf relating to such information.
7.1 You shall maintain confidentiality of 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 prior written consent of Company, 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;
7.2 The above obligations of confidentiality shall not apply to the extent that you can show that the relevant information:
- was at the time of receipt already in your possession;
- is, or becomes in the future, public knowledge;
- was received from a third-party having the right to disclose it; or
- is required to be disclosed by law.
8. Personal data protection
8.1 You agree and consent to the Company using and processing your Personal Data for the Purposes and in the manner as identified hereunder; 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;
8.2 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;
8.3 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;
8.6 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”):
- perform the Company’s obligations in respect of any contract entered into with you;
- provide you with any services pursuant to the Terms and Conditions herein;
- 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;
- process, manage or verify your application for the Service pursuant to the Terms and Conditions herein;
- validate and/or process payments pursuant to the Terms and Conditions herein;
- develop, enhance and provide what is required pursuant to the Terms and Conditions herein to meet your needs;
- process any refunds, rebates and/or charges pursuant to the Terms and Conditions herein;
- facilitate or enable any checks as may be required pursuant to the Terms and Conditions herein;
- respond to questions, comments and feedback from you;
- communicate with you for any of the purposes listed herein;
- internal administrative purposes, such as auditing, data analysis, database records;
- purposes of detection, prevention and prosecution of crime;
- to comply with obligations under law;
- send you alerts, newsletters, updates, mailers, promotional materials, special privileges, festive greetings from the Company, its partners, advertisers and/or sponsors;
- notify and invite you to events or activities organized by the Company, its partners, advertisers, and/or sponsors;
- 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 the Group’s agents, third party providers, developers, advertisers, partners, event companies or sponsors who may communicate with you for any reason whatsoever.
9. Third-party interactions/services/links
9.1 You may enter or require or deem to 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;
9.2 We may tie-up with third party entities where You might be permitted or required to collaborate with such third-party entities. In such an event, in addition to these User Terms, you may also be bound by the terms and conditions of such third-party entity;
9.3 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 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;
9.4 We do not take responsibility or liability which may arise out and in connection with the Consumable End Benefit, which are linked to NP i.e Restaurant, Merchants and/or third-party websites using Our APIs or otherwise. In addition, we may provide links to the third-party websites and certain other businesses on the Site. We assume no responsibility for examining or evaluating the products and services offered by them or for any third-party content/ information. We do not warrant (i) the offerings of any of these businesses or the content of such third-party website(s) and/or Merchant websites, and (ii) the genuineness of any third-party content. We do not in any way endorse any Merchant websites and third-party website(s) or any content thereof;
10. Ownership of Intellectual Property Rights(IPR)
11. Disclaimer and Warranty by Company
11.1 We shall make reasonable efforts to ensure that requests for Services in a timely manner. However, We make no representations or warranties regarding the amount of time needed to complete such processing because our Service is largely dependent on many factors outside Our control;
11.2 Except for Our limited role in providing the service of aggregating, processing your booking, order etc, We are not not a selling agent in relation to any sale of goods or services;
11.3 We will always endeavour to provide the Services to You to the best of Our ability. You are however aware that the Services will involve transmissions over various networks and that it will change to conform and adapt to the technical and other requirements of connecting networks, devices and entities. Pathao cannot take on any liability or responsibility for any loss, damage etc. arising as a result thereof;
11.4 Without limitation and without prejudice to the foregoing paragraphs, Pathao shall not be liable for handing over of the relevant access control/password/PIN by You to any other person; and
11.5 Your use of the Service is at Your sole risk. The Service is provided on an “as is” and “as available” basis. We disclaim all warranties of any kind, whether express or implied, including without limitation, any representation or warranty for accuracy, availability, continuity, uninterrupted access, timeliness, sequence, quality, performance, security, merchantability, fitness for any particular purpose, noninfringement or completeness;
11.6 Without prejudice to the foregoing paragraph, We do not warrant that:
- The Application will be available at all times and in all locations;
- The information on the Site is complete, true and accurate;
- The Site; the information, Content, materials, product (including software) available on, or otherwise made available to You through the Application; the servers; or any electronic communication sent by Us, are free of viruses or other harmful components;
- Nothing on the Application constitutes, or is meant to constitute, advice of any kind.
11.7 We make no express or implied representations or warranties about Our Services or the Site, and We disclaim any implied warranties, including, but not limited to, warranties of merchantability or fitness for a particular purpose or use or non infringement. We do not authorize anyone to make a warranty on Our behalf and You must not rely on any statement of warranty made by any third party, claimed to be a warranty made by Us;
11.8 Pathao and its representatives, officers, employees, agents and contractors shall not be liable for any loss, damage, claim, expense, cost (including legal costs) or liability arising directly or indirectly from Your use or non-use of the the Application (Service) or your reliance upon the Service or the information contained in the Application;
11.9 Where We publish or provide Content or advertisements as part of a Service, We do not warrant or represent that the Content or advertisements are suitable, accurate, complete, reliable, appropriate; neither do We endorse the Content or the advertisements; and You will obtain independent professional advice at Your own cost before You take any action based on such Content or advertisements;
11.10 Your correspondence or business dealings with, or participation in promotions of, third party advertisers found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such third party advertiser. We shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third party advertisers on the Application;
11.11 The company makes no representation, warranty or guarantee as to the reliability, timeliness, quality, suitability, availability, accuracy or completeness of the end benefits and related services, application and/or the software. The company does not represent and warrant that: (a) the use of the service, application and/or the software will be secure, timely, uninterpreted 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 product, service, information, or other end benefit purchased by you through the application will meet your requirements or expectations; (e) the application or the service that is available through the application is free of virus or other harmful components; (f) the application and/or the software tracks you or the vehicle used by the transportation/delivery service provider will always be available as per your demand. Hence, the service by the company is provided to you strictly on an “as is” basis.
11.12 All conditions, representations and warranties, whether expressed, 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, genuinity, quantity, timeliness, quality, suitability or availability of any products through Pathao Shop. You acknowledge and agree that the entire risk associated with and/or arising out of the use of the Pathao Shop Service remains solely and absolutely with you and the third-party seller or delivery provider.
12. Limitation of liability
12.1 Any claims against the company by you shal in every event be limited to the aggregate amount actually paid by you and/or due from you against the purchased end benefit that may give rise to such claims. In no event shall the company and/or its licensors be liable to you or anyone related to you . for any direct, indirect, punitive, economic, future, special, exemplary, incidental, consequential or other damages or losses of any type or kind including loss of data, goods, revenue, profits, use or other economic advantage, mental or emotional distress.
By agreeing to this agreement for availing, 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:
- 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;
- your violation of any rights of any third party, including, but not limited to customer of your delivery service;
- your use (or misuse) of the Application and/or Software; and
14. Force Majeure
14.1 We shall not be liable for any failure to perform any obligations under these User Terms, if the performance is prevented, hindered or delayed by a Force Majeure Event (as defined hereinbelow) and in such case Our obligations shall stand suspended for so long as the Force Majeure Event continues;
14.2 For the purpose of this clause “Force Majeure Event” shall mean any event arising due to any cause beyond the reasonable control of Pathao, including, without limitation, unavailability of any communication system, sabotage, fire, flood, explosion, acts of God, civil commotion, strikes or industrial action of any kind, riots, insurrection, government legislation, war or acts of government;
14.3 This arrangement between You and Pathao shall stand automatically terminated in the event that the Force Majeure Event continues for a period of thirty (30) days’, unless otherwise notified to You. You shall however be required to promptly make payment of all outstanding App Fee, Service Charge and Commission to Pathao.
15. Termination of the agreement/ deactivation of the account
15.1 The agreement between Pathao and You shall be in force from the date on which You accept these User Terms, until such time that the arrangement between Pathao and You is terminated as per the terms hereunder;
15.2 Company reserve the right to terminate and/or suspend Services to You at any time without prior notice, due to any changes in Our internal policy or due to any requirements under the Government Regulations or the Applicable Laws, or for any breach of these User Terms by You, or for any other reason whatsoever;
15.3 You can terminate Your arrangement with Pathao under these User Terms by closing any Account created by You and by thereafter ceasing to access/ use the Application. You may close the Account by submitting a request to Us at [email protected]. We will make every effort to respond to Your request for termination at the earliest. You will however remain responsible for all usage that occur prior to the termination of Your agreement with Pathao coming into effect, which termination shall be notified to You by Pathao;
15.4 If You violate any of these User Terms, Pathao reserves the right to deactivate and/or cancel/suspend Your Account without any notice or refund, and that You shall be solely liable in this regard;
15.5 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.
16.1 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;
16.2 Our failure, delay or omission to exercise or enforce any rights or provisions under these User Terms will not constitute a waiver of such rights or provisions. A waiver on any one occasion will not be construed as a bar or waiver of any rights or remedies on future occasions. Any claim in relation to the Services or these User Terms should be filed within 30 (Thirty) days from when the cause of action arose. Any claims filed beyond this time period shall be subject to limitation as prescribed under the Applicable Laws.
17. Governing law, jurisdiction and alternative dispute resolution
17.1 This Agreement shall be governed by law of your country where Pathao has operation without regard to the choice or conflicts of law provisions of any jurisdiction. 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 as provided hereinafter. 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 Country of Origin 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, such unresolved issues shall be referred to the Bangladesh International Arbitration Centre (“BIAC”);
17.2 Any dispute including unresolved issues shall, at first be tried to be resolved by mutual discussion between/among the parties involved. If the Dispute is not settled amicably as aforesaid between Pathao’s representatives and You, within a period of 45 (forty-five) days’, the matter would be referred to arbitration. Therefore, the dispute shall be resolved in accordance with the Arbitration Act, 2001, 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;
17.3 For the purpose of this agreement and the provision of Arbitration provided hereinbefore, the seat and venue of the arbitration shall be at 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 in order for this arbitration clause to be enforceable under applicable law. Provided that, at the discretion of Pathao, the Arbitrator as well as place of Arbitration can be changed for effective and prompt resolve of issues, disputes etc under this agreement.
18.1 In providing the services Company will apply and exercise due diligence and best business practices. Therefore, the Company including its Directors, affiliates, subsidiaries, employs or any of its successors-in-interest, legal representatives, administrators, and permitted assigns shall not be held liable for anything done by the Company in good faith and with reasonable care and prudence;
18.2 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 oral (if any) between the parties regarding the subject matter contained herein;
18.3 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;
18.4 If any provision of the agreement is held to be invalid or unenforceable, such provision shall be deemed 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.