GENERAL TERMS AND CONDITIONS OF USE OF THE MOBILE/WEB BASED APPLICATION "Shohoz Trucks" private company limited by “Shohoz.com", hereinafter "Shohoz.com", with its Head Office at Banani 21, House 55/b, block b, Dhaka-1213, Bangladesh, has concluded - directly or through its subsidiaries-partnership agreements with privileged groups of truck owners agencies, shippers and other related entities, hereinafter referred to as "Partner(s)" so as to constitute a national network The company, Shohoz Trucks, has developed, under the brand "Shohoz.com", a mobile/web based online platform hereinafter designated as, "Application", as well as a website at the address, https://www.shohoz.com Application runs on the iOS and Android operating systems and can be accessed free on desktop/laptop computers smartphones and tablets. This allows the user of the Application, hereinafter designated the "User" to be linked to Partners in order to book transportation services of goods, and hereinafter designated as "Transportation". The Transportation is conducted by a driver affiliated to a Partner, hereinafter designated as "Driver". The reservation of a Transportation by the User via the Application is referred to as an "Order" The service provided by Shohoz for the User under these general terms and conditions is hereinafter referred to as ‘Service’ and consist of putting in relation the User and the Partner via the Application.
ARTICLE 1- PURPOSE OF CONTRACT
1 The Service:
Shohoz shall, by this contract, put the User wishing to undertake a transportation of goods in communication with the Partner. Shohoz shall provide the User with online platform to place orders. The Transportation, created from the Order, is made by the Partners, who perform the transport service requested by the User on their own account and on their own responsibility. The service provided by Shohoz consists of a linking service via the Application and Shohoz does not have the quality of carrier or transportation intermediary.
The use of the Application shall allow the User to make a request for a Transportation, by advance booking regardless of the pick-up address in the cities within the Partners' network and according to the level of Service that has been selected. The order requires the prior creation of a User account (Shohoz account) following free installation of the application by the User.
ARTICLE 2 BENEFICIARIES OF ACQUIRED RIGHTS
2.1 Authorized person: The User
The use of the Application is strictly personal. The use by any person other than the User as specified at the time of opening the account shall be carried out under the responsibility of the User.
The benefits of this Agreement shall under no circumstance be marketed, sold or distributed, even free of charge, by the User to any third party whatsoever.
The Application services shall have access to the User's information, such as the name and contact details which are filled in and collected at the time of opening the Shohoz account in the Application.
Any update of personal details must be performed by the User directly within the Application.
2.2 Other users
The User may occasionally allow any person of his choice to benefit from the Shohoz services. In this situation, the User must specify the name of the recipient at the time of them receiving the Service.
ARTICLE 3 ACCESS TO SERVICE TERMS FOR CREATION OF SHOHOZ ACCOUNT -
ACCEPTANCE OF GENERAL TERMS AND RATES
3.1. Access to Service
Access to the Service is open 24/7 via the Application. The procedures for access to the Service may be modified by Shohoz, who will inform the User as soon possible by email, phone or by any other means related to the Application (including push messaging) as well as through a publication on the website, https://www.shohoz.com
3.2. Creation of Shohoz account
When creating an account, the User shall be communicated through their phone number. User puts his / her phone number and click send. Thereafter User receives a code by SMS to the number he/she puts in. User enters the number and user is authenticated. Every time user tries to login, a randomly generated code is sent to his number. The User is the only one who can ensure their privacy and will, at all times, solely responsible for the use of their details. Login details may be modified by the User. The User shall freely choose, at the time of the creation of the initial account, then at any time via the Application menu, arrangements for connection, disconnection and security of their account, as well as the payment process via his/her credit card or bkash.
The terms of payment are set out in Articles 6-1 and 10-2 of these general terms and conditions. Concerning the connection to their account, the User shall get the privilege of tracking and monitoring the Transportation vehicle by the VTS set in the vehicle of the Partner by Shohoz starting from 30 minutes prior to the start of the Transportation until the end of the Transportation, provided the Partner is registered with tracking service.
3.3. Acceptance of general terms and rates
The User, having read these terms and conditions, must then accept them by validating their acceptance within the Application: I accept the general Terms and Conditions" (Opt in). The terms and conditions are available in the Application and on the website at www.shohoz.com. The User's account in the Application is validated and created and the User can then order a Transportation via the Application. When the User places an Order for a Transportation, this implies acceptance of the Partner's terms and conditions. The User therefore acknowledges being aware of these terms and conditions during the creation of their Shohoz account and to having accepted them without restriction or reserve, prior to any Order
ARTICLE 4 BENEFITS OF SHOHOZ
The User can, via the Application, make Orders with Partners Shohoz merely acts as an intermediary and connects the User with Partners. User gives the desired rate and in accordance with that The Partners only have the option to accept the given rate by the User. However, in the up gradation of the Application, the Partners may have the options to give their desired rates.
4.1. Information provided by Shohoz to the User prior to every Order
The Users shall mention to pick-up location, the desired destination, types of vehicle, pick-up date and time and the amount he is willing to pay within the application. In light of this information, the User may, if desired, perform and order for a transportation.
4.2. Acceptance of General terms and conditions:
The order requires the prior acceptance by the User of these general terms and conditions.
The User shall state in the Application the characteristics of the desired Transportation: Advance Booking Transportation, place, date and time of pick-up, destination, chosen package and, where appropriate, vehicle or specific services desired. The Order is then validated (place, date and time of pick-up) in the Application and an acknowledgement of receipt confirming the Order is received electronically and punctually.
It is the responsibility of the User to ensure that the information provided by Shohoz upon confirmation of the Order is consistent with the information that the User would have previously entered for the desired Transportation. In case of any error in the information provided, Shohoz shall not be held responsible. This acknowledgement of receipt is carried out directly within the Application: from the moment the Order is validated by the User, time, place of Order and pick-up location are published.
The stated time is an estimate and shall not in any way engage the responsibility neither of Shohoz nor of the Partner. In certain situations, especially difficult due to external factors, such as strikes, other events, weather conditions or traffic etc. Shohoz and the Partner reserve the possibility of exceptionally limiting the number of Orders at certain periods.
The User is informed that the Driver may refuse to pick the goods of the User up in the vehicle due to the state of goods of the User (any illegal goods, danger to the security of driver or vehicle, etc.)
4.4 Transportation by advance booking
A request in advance consists of a reservation by Shohoz of a vehicle request made by the User within a maximum of fifteen days up to one day before the time of travel.
4.5. Waiting time and no pick-up
The User or his/her designated personnel should be at the pick-up location, at the time of the pick-up of goods after an Order has been made. The Driver will not wait after a reasonable time if the User is not at the pick-up location at the agreed time. Exceptionally, some Partners have established maximum waiting times for the User at the pick-up location. Beyond this waiting period, the Partner registers the "non-pick up" and stops the Transportation.
4.6. Cancellation or modification of the Order
Once the User is tagged with the Partner, they can mutually decide on any modification they want to do. The user can cancel the service mentioning any valid and justifiable reason. There is no charge for it Irrational frequent cancellation may cause the User account to be put on refusing any service until further clarification is received provided that Shohoz be satisfied with the reason provided by the user. The User account shall be reinstated and in this regard Shohoz’s decision is final.
ARTICLE 5- FINANCIAL CONDITIONS OF SERVICE
5.1 The installation and use of the Application is free for the User
5.2 The installation is free for the Partner. For the use of Application, Partner has to pay a certain amount of charge to Shohoz for each Transportation service provided to User which shall be governed under a separate agreement between Shohoz and the Partner
5.3. Shohoz does not charge from the Users for any Transportation. The payment for the transportation shall be paid to the Partners as agreed upon.
ARTICLE 6- INVOICING
The User collects all required papers and documents copy from the driver as required by the law while transporting goods. Shohoz shall not provide any invoice as Shohoz does not charge User for the service. Only a record is kept in the history. Therefore, this invoice or anything associated with billing between the User and Partner is non-binding upon Shohoz
6.1 Terms of Payment
The payment for the Transportation and Service charges of Partner takes place as mutually agreed upon between the User and Partner. It can either be before or after delivery of goods. The user mentions in the Order regarding at what time he wishes to pay and whether the Partner agrees with that. Shohoz shall not be liable for the terms of payment
6.2 Failure to pay
Shohoz does not receive any payment from the User. The User pays the Partner for the services on their agreed terms. A formal complaint from the Partner about non/partial payment without valid and justifiable reason will cause an immediate on hold/suspension of the User account.
ARTICLE 7- OBLIGATIONS OF THE USER AND OF SHOHOZ
7.1 User's Obligations
The User signing this contract is legally and financially responsible for all requests for Transportations performed using confidential access to their account codes. It is up to the User to ensure that no fraud was, is, or can be made from their login and in case of doubt, shall immediately proceed with the help of the Application to change the login details.
7.2 Shohoz's Obligations
Shohoz's responsibility is limited to the search for a Partner at the address indicated by the User. Shohoz is thus held to an obligation of means and shall implement its best efforts to meet the demand of the User as soon as possible. The execution of the transport service is the sole responsibility of the Partner. Shohoz cannot be held responsible in case of unavailability of the vehicle. In case of delay, non- performance or improper performance of the Transportation by the Partner, Shohoz's responsibility cannot be engaged. Similarly, Shohoz will not be held responsible for non-execution of the service in cases of force majeure, in particular in cases where such non-performance is linked to an impediment beyond its control and preventing the execution of the contract in normal and expected conditions, especially in case of computer and / or telecommunications networks (Internet, mobile phones) failure or malfunction, strike, demonstration, weather serious traffic accident disrupting the regular flow of traffic to unusually large degrees
Shohoz is also not responsible for: (i) losses and/or damage caused by breach of the Partner; (ii) the actions or inactions of any drivers; (iii) the actions or inactions of other Users (iv) indirect losses which means losses and/or damage where Shohoz and User could not have reasonably anticipated that type of loss and/or damage arising at the time the relevant Transportation services are provided to the User
ARTICLE 8 TERMINATION OF SERVICE
The User may, at any time, terminate their Shohoz account and delete the Application from their smartphone and /or tablet and/or website. Shohoz may terminate the User's registration without notice in case of noncompliance by the User of obligations under these terms and conditions including; in the event of failure to comply with articles 2 and 3 above in the case of non-payment by the User of amounts due to Partners for Transportations already completed, in the case of inappropriate behavior by the User and finally in the case of two successive cancellations of an Order. The contract also expires in the event of failure of the Service or of the Application or if the User does not accept a new version of the General Terms and Conditions and/ or 1.1 (changing general terms and conditions).
ARTICLE 9 PRIVACY AND DATA PROTECTION ACT
The information gathered by Shohoz for the Service is subject to data processing intended for the implementation of the Service. This information is required in order for Shohoz to process requests for Transportations and is recorded in its files. Security measures preserving confidentiality are implemented by Shohoz. The User is informed and accepts that Shohoz and the Partner reserve the right to retain, for evidence purposes, all information relating to requests received, the identification data of the User and completed Transportations (including phone number, name and address, email address, details of the completed Transportation) and Shohoz may use personal data to contact the User by email, SMS, push notification, or any other means concerning commercial offers related to the service that may be of interest. Shohoz newsletters/promotions/offers that will be sent to the User will include an unsubscribe link should the User wish to withdraw from the list. In accordance with the "Data Protection" law, the User has the right to access, modify, rectify and delete personal data. When contacting for any request, the User shall mention their name and mobile phone number and enclose a copy of their
ARTICLE 10 SPECIFIC PROVISIONS FOR THE LINKING BY THE SMARTPHONE/TABLET/WEB BASED APPLICATION
The User agrees having been advised that Shohoz may be required to implement "cookies" to identify the User for the duration of the session on the website. This memory-resident cookie remains active as long as the User has not left the session. The User can object to the use of this Cookie without limiting their ability to access the site by configuring their browser appropriately.
10.2 Service Availability
Shohoz strives to make the online order service operational in an almost permanent round the clock manner, 24/7 and 365 days a year. It however allows for the possibility to suspend operations, with or without notice, for reasons inherent to operating constraints.
The availability of this service is also conditioned by use by the User, by sufficient computing resources or by a Smartphone and/or computer and/or tablet- compatible hardware and software (the User may obtain, on request to Shohoz the recommended configurations)
10.3 Intellectual Property
Shohoz holds the rights of exploitation on the BIL brand and owns all the elements of the Applications (graphics, pictures, logos, databases, programs, tools). All other elements not belonging to BIL continue to remain the property of its Partners (including logos provided by Partners and published on the site and in the Application.) Any total or partial reproduction, modification or use of brands, illustrations, images, logos and elements for any reason and on any medium whatsoever, without Shohoz's express prior consent is strictly prohibited.
ARTICLE 11 - PERFORMANCE RATINGS
There shall be a rating system in the application for the User whereby they shall rate and comment on Partner in accordance to their services, behavior, payment and any other pertinent factor. There shall be privileges for better ratings from time to time as introduced by Shohoz
ARTICLE 12-CHANGES TO THE GENERAL CONDITIONS
BIL reserves the right to modify at any time these terms and conditions by posting a new version on the website www.shohoz.com and in the Application. In case of modification to the General Conditions, the User will be notified immediately as soon as they connect to the application. The User shall, when wishing to make a new Order, be aware of and accept the new terms and conditions thereof by clicking on the acceptance box that will appear for this purpose in the Application: menu: general terms and conditions " (Opt in). The general conditions are those in effect at the date of use of the Service.
ARTICLE 13 ELECTION OF RESIDENCE APPLICABLE LAW AND JURISDICTION
For the implementation of these terms and conditions and their consequences, the User elects domicile at the address indicated in his Shohoz account and Shohoz elects domicile at its headquarters. In case one of the parties changes address it shall notify the other party by registered letter with acknowledgment of receipt or by other electronic means allowing for the storing of the notification letter and this shall be done in the month following the change of address. Otherwise, the against the co-signing party. Only Bangladeshi law is applicable to these general terms and conditions Failing an amicable agreement between the parties relating to the validity, interpretation, performance or breach of these general terms and conditions, the dispute shall go into arbitration following the Arbitration Act of Bangladesh and venue and seat for the arbitration shall be Dhaka Bangladesh and a sole arbitrator shall conduct the same. Otherwise, the parties will go before the relevant competent Courts.
2. Fleet Operator
- Truck owner will fill up the registration form of SHOHOZ LTD properly. SHOHOZ authority will use and store all the information.
- Truck owner will follow the rules SHOHOZ LTD. If he fails to comply with the rules, SHOHOZ Ltd can terminate the deed anytime.
- From taking over the goods by the driver from the goods owner, starting to reach the owner's destination it will be the responsibility of the driver/ Truck Owner to deliver the goods.
- Loader can track his goods from start to end and truck owner can track his truck always by using the VTS/mobile provided by SHOHOZ Ltd.
- With the SHOHOZ’s Mobile, the truck owner can track the location of the truck.
- SHOHOZ Ltd authority will provide an online platform where truck owner & product sender can easily find each other and can provide and receive services.
- At the time of truck registration, SHOHOZ Ltd will check the certificate/license of Driver and Owner and keep the copy of all documents.
- SHOHOZ Ltd authority will not be responsible if any truck cancel due to any kind of unwanted events, incidents, weather, political strike, mechanical problem. In that case, SHOHOZ Ltd will try to arrange alternative transport in a short period of time.
- SHOHOZ Ltd will not be responsible if the goods face any kind of damage for the negligence of product suppliers and loader or driver.
- Truck owner have to make sure that his truck & driver is fully capable of performing the duty. SHOHOZ Ltd authority must be informed as soon as possible with all the updated documents like license, National ID number, Mobile number if the truck owner changes the driver.
- After loading the goods, the truck drivers always have to communicate with the loader. For that, he must be keeping the mobile standby. So that cargo holder & truck owner can communicate if necessary and track the location of the truck.
- The truck owner will follow the current law and rules of Bangladesh Govt. and SHOHOZ Ltd
- Truck owner or loader can’t change the preferred rental. For the cancelation of trip, they will inform each other as soon as possible. Loader/ Product receivers will unload the product as soon as possible. It will be the responsibility of product receiver to unload the products. Of course if there any kind of direction to unload the product, it will be followed.
- SHOHOZ Ltd authority will receive the preferred commission. If anyone cancels the trip in the last moment, he will be penalized.
- This deed will be effective till any problem arise. Terms and conditions of this deed can be changed with mutual agreement of both parties.
- If any truck owner or driver break the law of Bangladesh Govt, then the deal will be cancel without any prior notice.
- SHOHOZ Ltd will not be accountable for carrying any kind of illegal product, activities or mislead any information.
- If product sender has insurance of the product and if it faces any kind of accident, then he will get the compensation of according to insurance policy. In this case, he must be following the rules of insurance company.
- In case of any dispute it will be solved with mutual discussion by involved parties. Otherwise it will be settled with the help of existing laws of Bangladesh Government.
- At the time of SHOHOZ trip, all the documents of vehicle and driver should be updated and must be run by the traffic rules of Bangladesh.
- If any registered vehicles or truck driver get into accident, then after getting rescue call from them SHOHOZ Ltd will send support and rescue team as soon as possible to provide all necessary support. Truck owner will bear all the logical charges regarding this.
- If Transport Company nominates any truck, then that transport company must take the responsibility of verifying all documents regarding vehicle and driver. And it must be responsible for activities of them according to SHOHOZ Ltd
- We will store and use for our regular activities.
- We will use promotional activities like SMS , Email etc.
- For tracking purpose mobile number will be used.
- We will not sell this information to other companies for profit.