This Agreement, hereinafter referred to as the ‘Terms of Use’ or ‘Service Agreement’ or ‘Terms of Service Agreement’ or ‘Agreement’, is made and entered into

BY & BETWEEN  DigiTruck Limited which is a private limited company, hereinafter referred to as the ‘First Party’ or ‘Platform’ or ‘Company’ or ‘DigiTruck’, formed and existing under the laws of the People’s Republic of Bangladesh

AND the Shipper using the service of this Platform, hereinafter referred to as the ‘Second Party’ or ‘Shipper’

who are collectively referred to as the ‘Parties’ later in this Agreement. 


This Agreement is made and entered for the purpose of establishing and achieving various goals and objectives relating to this Agreement

WHEREAS, the aforementioned parties desire to enter into the herein described Agreement in which they shall work together to accomplish the goals and objectives set forth;

AND WHEREAS, the parties are desirous to enter into an understanding, thus setting out all necessary working arrangements that both parties agree shall be necessary to fulfill the purpose of this Agreement;


CONTRACTUAL RELATIONSHIP:

The Terms and Conditions mentioned in this Agreement constitutes a legally binding Agreement between You and DigiTruck Limited. By accessing or using our Platform or Services You acknowledge that you’ve read, understood, accepted these Terms and Conditions of this Agreement and our Privacy Policy and agreed to be legally bound by the Terms and Conditions and all other constituents of this Agreement and Privacy Policy. The Terms and Conditions mentioned herein are in electronic format which doesn’t require any digital or physical signature.
These Terms and Conditions constituting this Agreement shall apply to you at each and every instance and place while using the platform or service of DigiTruck Limited. If you do not wish to enter into a legal relationship with DigiTruck or be bound by the terms and conditions of this Agreement, you must not use our service in any possible way. If you wish not to be bound by the terms and conditions of this Service Agreement after agreeing to be bound by the terms and conditions of this Agreement, you should immediately stop using our service and uninstall/delete all of our applications and log out of all the Accounts and delete all the informations related to this Platform. You can always start using our service again whenever you agree to be legally bound by the terms and conditions of this Agreement again.

DigiTruck aims at providing service to the Shippers and Owners with a view to making their lives easier and making their businesses progressive but in no way, DigiTruck will be legally bound to keep on providing services under any circumstances. DigiTruck may decide to cease providing service to any Shipper or Owner it wishes without showing any cause and without any notice.

By using this Platform or service of DigiTruck you understand and agree that you are competent and you fulfill all the requirements to be legally bound by this Agreement. You must mot use the service of DigiTruck if you are not competent to be legally bound by the terms and conditions of this Agreement or if your age is below 18.
DigiTruck reserves the right to make any kind of change or amendment to the terms and conditions of this Agreement whenever it desires. Those changes and modifications will be deemed to be effective from the time they were updated on this Website. You’re completely responsible to keep yourself updated and informed regarding all such changes and modifications. DigiTruck may sometimes decide to send you notifications in case of any such amendment but will not be legally bound to notify you.

In the event that any separate written Agreement or Contract is made and entered into the Shipper and DigiTruck limited which legally binds the parties and legally governs the parties’ rights, this Agreement shall govern to the extent it doesn’t conflict with the Terms and Conditions of any such written Agreement.  


OBJECTIVE: 

The objective of this MOU is to express the willingness of both parties to engage in an effort where both DigiTruck Limited and the Shipper will be able to work together in a cooperative and coordinated fashion and help each other in improving their experience in respective sectors of Business as well as paving the way towards faster development in respective fields of Business

Specific activities under this MOU shall be identified through consultation between the two parties.

The parties shall endeavour to work together for benefitting each other and working for the greater welfare of one another.

The parties of this MOU shall mutually contribute and take part in any and all phases of the planning, development, implementation and enforcement of this MOU to the fullest extent possible

PURPOSE AND SCOPE:

The Second Party requires trucking or transport vehicle service for shipment of goods very often on a regular basis,

The First Party provides an Online Platform for connecting directly to the Vehicle Owners or Drivers and the First Party also provides many other technological supports including Real-Time Tracking, Video Monitoring etc.

Both the parties agree to take support from each other for making their experience of transportation and shipment much more transparent and improved.


DEFINITIONS AND INTERPRETATIONS:

Shipper: The word ‘Shipper’ in this Agreement and as a whole in this platform is used to indicate the Shippers who use transport vehicles belonging to any other person or business entity or themselves to transport goods either randomly or on a regular basis from one place to another.

Owner: The word ‘Owner’ in this Agreement and as a whole in this Platform is used to indicate the Owners of transport vehicles or Transport Agencies or any other person or business entity who carry or transport goods of Shippers from one place to another in return of a certain amount of payment.  


SERVICES:

DigiTruck as a Platform provides opportunities to the Shippers and Owners to connect with each other and provides a number of technological supports including real-time information sharing and tracking.

The role of DigiTruck is only limited to being a platform or a freight broker but doesn’t include the responsibility of a Shipping or Carrying.

In no way, DigiTruck will ever be bound to take any responsibility or play any role of any of the matters regarding Shipping or Carrying but may intend to extend the hand of cordial cooperation either for free or against reasonable payment if it wishes.
DigiTruck is not responsible for any of the Agreement or terms entered into the Shipper and the Owner/Carrier and will not take any responsibility for any kind of violation of any terms of any kind of Agreement entered into the Shipper and the Carrier.

DigiTruck will try supporting the Shippers and Owners by making the shipments and transportations much more transparent and efficient with the use of technology and online platform but will neither be liable or responsible for any kind of misconduct while transportation by the Shipper or Owner/Carrier or Driver or by any other parties nor be bound to help any of the parties in any such situations of misconduct or illegal activities in any way.


CHARGES AND PAYMENT:
The Shipper Understands and Agrees that he/she/it will remain bound to pay the platform the quoted amount or the mentioned amount of the bid which he/she/it has accepted.
The Shipper must pay the bill directly to the Platform and must not make any attempt to pay the bill to the Owner or Driver or Transport Agency or any of the representatives of the Owner/Driver/Agency or anybody else only except the Platform or the duly authorized representative of the Platform.

The payment has to be made immediately without delay and must not exceed the time of completion of the trip. The account of the Shipper will be blocked and prevented from any further use of this Platform if any of the payments is not made within two days and the late payment fee will be charged at a rate of 12% per annum on the payable amount after seven days. The platform will take legal action if the Shipper doesn’t pay or fails to pay his/her/it’s due amount within thirty days of completion of the trip.

The payment can be made electronically or by cash or mobile banking or the amount can be deposited to the Company’s Official Bank Account. In case of payment by cash, the Company will provide the Shipper with a written document as a proof of the fact that the Shipper has paid his/her/it’s due amount.


NON SOLICITATION:
The Shipper understands and agrees that he/she/it will neither initiate nor accept any direct or indirect business relationship with any of the Owners/Drivers/Carriers/entity who/which has been first introduced to him/her/it by DigiTruck where the relationship doesn’t include DigiTruck as a Platform or broker during the term of this Agreement and for a period of one year after termination of this Agreement.
The Shipper understands and agrees that in case of any such involvement in direct/indirect business relation with any of the entities that has been first introduced to it by the Platform which doesn’t involve DigiTruck as a Platform during the term of this Agreement or for a period of one year after termination of this Agreement, the Shipper will be jointly and severally liable with the Owner/Carrier/Driver/Agency to the DigiTruck Limited for each such violation in an amount equal to fifteen percent of all revenues invoiced by Carrier to you.


CLAIMS IN CASE OF LOSS OR DAMAGE:

The Shipper understands and agrees that DigiTruck as a Platform will not take the responsibility of any kind of loss or damage of goods or vehicles during transportation.
However, because of a separate Agreement made and entered into the Platform and the Owner, the Owner will remain bound to pay the Shipper for filling the loss/damage an amount determined on the basis of relevant rules/laws of the concerned state/country.
The Shipper understands and agrees that the Platform itself is not bound to pay either the Shipper or the Owner any amount in case of any kind of loss or damage while transportation.

However, DigiTruck will always try to extend its hand of fullest possible cooperation to help the Shipper to claim and get payment from the carrier for loss or damage of goods while transportation but will not be bound to do so.


LICENSE:

The DigiTruck limited owns the Website and the Mobile Application and all the intellectual property therein.

Subject to the Shipper’s compliance to this Agreement, DigiTruck grants the Shipper a limited, non-transferable, non-exclusive, revocable license to use the Site and Mobile Application for his/her/it’s internal business use during the term of this Agreement.

The Shipper in no circumstance or situation is allowed to reproduce, copy, distribute, republish, display, transmit, disassemble or access the site or the mobile application or any of the intellectual properties or other properties that belongs to the DigiTruck Limited.
In order to get the opportunity to use the Platform, the Shipper needs to open an account where he/she/it needs to provide certain informations. The Shipper understands and agrees that all the informations provided by him/her/it is correct and valid and that he/she/it will continuously update the information according to the necessity for maintaining the accuracy of all the provided informations.


INDEMNIFICATION:

By accepting these Terms and using DigiTruck, the Shipper agrees that he/she/it shall defend, indemnify and hold us, our affiliates, our licensors, and each of our and their respective officers, directors, other users, 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: (1) the Shipper’s violation or breach of any term of these terms or any relevant laws, whether or not referenced herein; (b) the Shipper’s violation of any rights of any third party; or (c) the Shipper’s use or misuse of the DigiTruck Limited.



OTHER TERMS AND CONDITIONS OF USE:

1)	DigiTruck Ltd will not be responsible if any of the Shippers/Drivers/Owners/Agencies or any other person is directly or indirectly involved in carrying illegal products or performing illegal activities during transportation.
2)	DigiTruck Ltd will not be responsible if any trip is cancelled due to any accident/mechanical problem/weather/political strike or any other unexpected event. But the company will try to provide another vehicle as soon as possible if the Shipper demands.
3)	The Shipper will be responsible for loading the goods whereas the receiver will be responsible for unloading it. Loading or Unloading will have to be done following the direction formulated on the basis of mutual discussion between the shipper and the receiver or as preferred by the Shipper. DigiTruck will not be responsible for any kind of trouble or unwanted event during loading or unloading.
4)	The shipper or owner of the vehicle will receive compensation from the insurance company if the goods or the vehicle faces any damage due to any accident (according to the insurance policy of the concerned insurance company). DigiTruck Ltd will try to help the shipper/owner to get the compensation but will not be bound to help.
5)	In case of any accident, the DigiTruck Ltd will try to send their support/rescue team as early as possible if the owner agrees to pay the required chargers but will not remain bound to provide any such service.
6)	The Shipper will have to pay at least half of the quoted amount or the amount mentioned in the bid accepted by him/her/it in case of cancellation after a period of two hours of acceptance of the bid. The full amount will be charged for cancellation after a period of two hours of acceptance of the bid without informing DigiTruck earlier about the cancellation. 
7)	DigiTruck Ltd, the Shipper and the Owner will have the right to track the location of the vehicle and to monitor the vehicle through electronic devices.



TIME PERIOD AND TERMINATION:

This Agreement will remain effective in full force while you use the service of DigiTruck at any time, at any place and under any circumstance. DigiTruck reserves the legal right to terminate this Agreement at any time and under any circumstance in its sole discretion without any prior notice stopping the Shipper from using its service if the Shipper violates any of the terms of this Agreement or violates any of the laws of the concerned state/country or shows poor performance as an Owner or is unable to comply with the Terms and Conditions of this Agreement or if DigiTruck wants.