TERMS OF SERVICE

OVERVIEW

"Welcome to Porter.” Porter Technologies Bangladesh Private Limited, a private limited company established and registered under the laws of Bangladesh is committed to connecting Customers with third-party Service Providers through its website and/or mobile applications (collectively referred as the “Platform”) whereby Customers are able to send parcels to their desired destinations.

CONTRACTUAL RELATIONSHIP

• These Platform User Terms shall govern and regulate your use and access of the Platform and must be read in conjunction with the Privacy Policy and other Supplemental Terms. The Platform User Terms alongside the Privacy Policy and Supplemental Terms will constitute and establish the contractual relationship between you and Porter.
• You undertake and declare that you are of legal age as per the applicable laws in the Peoples Republic of Bangladesh, i.e., 18 years or older and you are thereby capable of accepting this Terms of Service
• Visiting the Platform, continuing to browse, registering therewith and/or availing the Services through the Platform, will be construed as your unequivocal and irrevocable acceptance and acknowledgement to the terms and conditions contained herein and binding policies hereof. By using the Platform, you declare to have carefully read, understood and agree to be bound by these Platform User Terms.
• The User agrees and consents to Porter and any of its affiliate companies collecting, using, processing and disclosing your personal data in accordance with these Terms and as further described in our Privacy Policy. Our Privacy Policy is available on our Platforms and shall form part of these Terms.
• The governing law shall be that of Bangladesh and any dispute or claim arising here from shall be referred to the Courts of Bangladesh.
• In the event there is a conflict between the terms and conditions specified herein and the provisions of any other document executed between the parties hereto, the terms and conditions specified herein will prevail.

DEFINITIONS

The following definitions apply to throughout the Platform User Terms.

• "Applicable Law" means all national and international laws, statutes, decrees, ordinance, regulations, guidelines, policies, rules, bye-laws, notifications, directions, directives and orders of any local, municipal, territorial, provincial, national or any other duly constituted governmental authority or agency of the Peoples Republic of Bangladesh.
• "Carriage" means and includes the whole of the operations and services undertaken by the Service Provider in connection with the Consignment which includes the transportation of the Consignment to the destination by land or inland navigations.
• "Consignment" means any movable goods including package, parcel, sachet, or freight which is or are given to and accepted by the Service Provider for carriage.
• "Customer" means an individual and/or organization which avails the Services of the Service Provider.
• “Dangerous Goods” means goods classified as dangerous as per the International Civil Aviation Organisation Technical Instructions, International Air Transport Association Dangerous Goods Regulations, International Maritime Dangerous Goods Code, Agreement concerning the International Carriage of Dangerous Goods by Road or other applicable local / national regulations for transport.
• “Delivery” means the tender of the Consignment to the Receiver or Consignee.
• "Platform" means either the website or any mobile application of Porter.
• "Prohibited Items" means any goods or materials, the Carriage of which is prohibited by Applicable Law.
• “Receiver” or “Consignee” shall refer to the recipient, addressee or consignee of the Consignment.
• “Services" means the collection, Delivery and carriage of a Consignment.
• “Service Provider” means any third-party contractor including individual or organization who has registered on the Porter platform with an intent to provide transportation services to the individuals / businesses who are seeking transportation services.
• “User" means any individual or business entity/organisation that accesses the Platform, regardless of whether they are a visitor or registered (either free or paid) on the Platform.
• "We", "us", "our", "Carrier", "Porter", "Company" shall refer to Porter Technologies Bangladesh Private Limited, its employees, authorised agents and its independent contractors and the entities that carry or undertake to carry the Consignment hereunder or perform any other services incidental thereto.
• “You”, “your”, “Consignor” shall refer to the sender of the Consignment and the individual engaging the Services via the Platform.

REFUND

• Delivery Time
  • The estimated time of delivery shall be notified on the Platform to the Customer as and when the Consignment is delivered to the Receiver.a
• Refund
  • The link to the refund policy is available at https://porter.com.bd/refund-policy.
• Return of Items
  • A Customer may elect to cancel a reservation for Services at any time subject to charging of cancellation fee. All cancellations made five (5) minutes after Service Provider allocation will incur a cancellation fee. The cancellation of four (4) bookings in one day, after Service Provider allocation, will temporarily suspend a customer’s account for twenty-four (24) hours. In case a road toll charge is imposed in respect of the Services provided to the Customer, both the outward and return toll fare will be charged. In the event of cancellations being made by the Service Providers and/or Porter and for reasons not attributable to the Customer, no cancellation fee shall be charged to the Customer.
• After Sales Services
  • For any queries on after sales services please contact the customer support team at help@porter.com.bd.

PLATFORM USER TERMS

• These Platform User Terms apply to all Users including visitors, registered - free or paid user(s) who access the Platform for any purpose.
• Porter reserves the right to change, modify, amend, or update any/all sections of the Platform User Terms from time to time with or without any prior notification to Users and the amended and reinstated Platform User Terms shall be effective immediately on posting on the Platform. If Users do not wish to be bound by the revised Platform User Terms, Users must stop using the Platform. Continuous use of the Platform will signify a User's acceptance of the revised Platform User Terms.

ELIGIBILITY

• The User must be at the age of majority and be competent to enter a contract under Bangladeshi contract law. If the User is under the age of majority who is intending to access the Platform and/or avail the Services, the User should do so through a legal guardian in accordance with Applicable Law.
• In the event the User is using the Platform on behalf of any corporation, company, institution, association or other entity, the User must be authorized by such corporation, company, institution, association, or other entity to use and access the Platform.
• Porter reserves the right to refuse access to the Platform and/or use the Services offered at the Platform to new users or to terminate access granted to existing users at any time without according any reasons for doing so.

INTELLECTUAL PROPERTY RIGHTS

• Porter is the sole owner or lawful licensee of all the rights to the Platform and any of its content. Platform content includes, but is not limited to, the Platform design, layout, text, images, graphics, sound and video. Platform content embodies trade secrets and intellectual property rights protected under worldwide copyright, trademarks and other laws. All title, ownership and intellectual property rights in the Platform content shall remain with Porter, its affiliates or licensors of Porter content, as the case may be.
• All rights, not otherwise claimed under these Platform User Terms or by Porter, are hereby reserved. The information contained in this Platform is intended, solely to provide general information for the personal use of the User, who accepts full responsibility for its use. Porter does not represent or endorse the accuracy or reliability of any information, or advertisements (collectively, the "content") contained on, distributed through, or linked, downloaded or accessed from any of the Services contained on this Platform, or the quality of any products, information or other materials displayed, or obtained by Users as a result of an advertisement or any other information or offer in or in connection with the Services.
• Porter accepts no responsibility for any errors or omissions, or for the results obtained from the use of the information in on the Platform. All information on this Platform is provided "AS IS " with no guarantee of completeness, accuracy, suitability, availability, timeliness or of the results obtained from the use of this information, and without warranty of any kind, express or implied, including, but not limited to warranties of performance, merchantability and fitness for a particular purpose. Nothing herein shall to any extent be substituted for the independent investigations and the sound technical and business judgment of Users. In no event shall Porter be liable for any direct, indirect, incidental, punitive, or consequential damages of any kind whatsoever with respect to the Services. Users of this site must hereby acknowledge that any reliance upon any content shall be at the Users sole risk.
• Porter reserves the right, in its sole discretion and without any obligation, to make improvements to, or correct any error or omissions in any portion of the Platform.
• All related icons and logos are registered trademarks or trademarks or service marks of Porter, its subsidiaries and affiliate(s) or licensor(s) in various jurisdictions and are protected under applicable copyright, trademark and other proprietary rights laws. The unauthorized copying, modification, use or publication of these marks is strictly prohibited.
• All content on this Platform is the copyright of Porter except for any third-party content or links to third party websites on the Platform.
• Subject to your compliance with these Platform User Terms, Porter grants you a limited, non-exclusive, non- sublicensable, revocable, non-transferable licence to: (i) access and use the Platform on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, non- commercial use.
• Systematic retrieval of Porter content from the Platform to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without written permission from Porter is prohibited.
• In addition, use of any Platform content for any purpose not expressly permitted in this Platform User Terms is prohibited and entitles Porter to take legal action. As a condition of access to and use of the Platform, Users agree that they will not use the Platform to infringe the intellectual property rights of others in any way. Porter reserves the right to terminate the account of Users upon any infringement of the rights of others in conjunction with use of the Platform, or if Porter believes that a User's conduct is harmful to the interests of Porter, its subsidiaries and affiliates, or other Users, or for any other reason in Porter's sole discretion, with or without cause.
• The use of the Services or access to the Platform does not in any manner convey or grant to the Users any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner Porter’s company names, logos, product and service names, trademarks or services marks or those of its subsidiaries, affiliates and/or its licensors.
• Users shall be liable to indemnify Porter for any losses or expenses incurred by Porter due to any infringement of intellectual property rights owned by Porter, its subsidiaries, affiliates, and/or licensor(s) including infringement of intellectual property rights owned by third-party without prejudicing Porter's right to bring any legal action against Users.

LINKS TO THIRD PARTY SITES

• Links to third party sites are provided on the Platform as a convenience to Users and Porter has no control over such sites, including content and resources provided by them. Porter does not endorse, investigate or monitor such third-party sites.
• Porter may allow Users to access content, products or Services offered by third parties through hyperlinks (in the form of word link, banners, channels or otherwise) to such third parties' websites. Users are cautioned to read such sites' terms and conditions and/or privacy policies before using such sites in order to be aware of the terms and conditions of a User's use of such sites. Users acknowledge that Porter has no control over such third parties' sites, does not monitor such sites, and Porter shall not be responsible or liable to anyone for such third- party site, or any content, products or Services made available on such a site. Users shall review Porter's Privacy Policy and abide by Porter's Privacy Policy at the time of the User's interaction with Porter, with respect to and concerning any information and data.

TERMINATION

• Most content and some of the features on the Platform are made available to Users free of charge. However, Porter reserves the right to terminate access to certain areas or features of the Platform at any time for any reason, with or without notice. Porter reserves the right to deny access to particular Users to the Platform without any prior notice/explanation in order to protect the interests of Porter and/or other Users to the Platform.

TERMS & CONDITIONS FOR USE OF THE SERVICE

User Account:

• In order to avail the Services through the Platform User will be required to register and set up an account (“Account”) for using the Platform by entering details to be requested at the time of opening the Account or by using any permitted social media website account to sign in ("Account Information"). The User must be the age of majority as per the Applicable Law.
• The User shall be responsible for maintaining confidentiality of its own Account and password and for restricting access to User’s computer to prevent unauthorized access to the Account. User agrees to accept responsibility for all activities that occur under User Account or password. User should take all necessary steps to ensure that the password is kept confidential and secure and should inform Porter immediately if there is any reason to believe that the password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorized manner.

Porter Service:

• The Porter Services constitute the provision of a technology platform that enables a User of the Platform to: (a) arrange and schedule certain services with independent third-party Service Providers which includes transportation of Consignment by those third-party Service Providers; and (b) facilitate payments to third-party Service Providers for the Services provided to the User by those parties and receive receipts from Porter for those payments.
• The Porter Services are made available solely for personal, non-commercial use, unless Porter has agreed with otherwise in a separate agreement. The Customer is aware and understands and acknowledge that: (a) Porter is only acting as an aggregator between Customers and Service Providers and (b) Porter itself does not provide transportation services or function as a transportation carrier; (c) all such transportation services are provided by independent third-party contractors who are in contractual arrangement with Porter or any of its affiliates. Third-party Service Providers are solely responsible for the services they provide to the User.
• In light of the above, the Customer agrees and accepts that the Services are provided by the Service Provider at the Customer's sole risk, and further acknowledges that the Porter disclaims all representations and warranties of any kind, whether express or implied made by the Service Providers.

Payment:

• The Customer understands that charges shall be applicable for the use and access of the Platform and for Services to be rendered by the Service Providers (“Delivery Charge”), an estimate of which will be given to the Customer through the Platform at the time of confirming the Services and Consignment details. The Delivery Charge is payable by the Customer to the Service Providers along with any other additional charges including parking charges, additional night surcharge (where applicable) and any fee or levy presently payable or hereinafter imposed by the Applicable Law or required to be paid for using the Services.
• By confirming the Services through the Platform, the Customer agrees to pay the Delivery Charges and any other additional charges through the agreed payment method upon completion of the Service. The Delivery Charges will be non-refundable unless otherwise decided in exceptional circumstances on a case to case basis.

Payment Method:

• All payments due / receivable to / from to the Service Provider shall be made / billed by cash, online modes of payments or any other modes, as mutually agreed from time to time.

Prohibited Use:

• The customer shall ensure that he/she will not indulge in any of the following activities while availing the Service:
  • Soiling or damaging the body and/or any other interiors of the vehicles.
  • Misusing, soiling or damaging any of the devices (technical/non-technical) in the vehicle.
  • Asking the driver to break any Traffic/RTA/City Police and/or government rules for any purpose. The driver has the right to refuse such a request by the customer. The driver also has the right to refuse such a pick-up.
  • Pressurizing the driver to overload truck with the Consignment than the allowed limit.
• The Customer shall be responsible for the cost of repair or necessary cleaning of the Service Providers’ vehicles resulting from the use of the Services under the individual Customer’s User Account save for the general “wear and tear” and in this regard agrees to indemnify the Company from and against and in respect of any or all liabilities, losses, charges and expenses (including legal fees and costs on a full indemnity basis) claims, demands, actions and proceedings which the Company may incur or sustain directly or indirectly from or by any reason of or in relation to the use or proposed use of the Services by the Customer and shall pay such sums on demand on behalf of the Company.
• The Company is hereby authorized to use the location-based information provided by any telecommunication company when the Customer uses a mobile phone to make a vehicle booking. The location-based information will be used only to facilitate and improve the probability of locating a vehicle for the Customer.
• The Customer agrees that the Company may disclose to all companies within its group, or any government body as so required by the Applicable Law or by directive or request from any government body, the particulars of the Customer in the possession of Company in any way as the Company, in its absolute discretion, deems necessary to carry out the Services.
• The Company shall be entitled, at any time without giving any reason, to terminate the booking of the vehicle by the Customer.
• In case of items lost during transit, the Company will try to locate the items on a "reasonable efforts" basis but shall not be responsible for the loss, damage, theft or misappropriation to / of items in transit. The Company aggregates the Service Providers for the purposes of providing them with requests seeking Services by Customers. In the event of loss of any item, Customers shall not have any right to withhold the fees to be made to the Company. Further, in the event any payments from the Customer to the Company are pending for the period prescribed by the Company in its respective invoice / statement, the Company reserves the right, in accordance with the Applicable Law, to exercise particular lien over the Consignment until full payment is made to the Company for the Services. Furthermore, Customers will be liable to indemnify the Company against any loss, damage or expenses incurred by it resulting from its custody of the Consignment during this period.

Complaints:

• The Customer agrees to inform the Company of any complaint in respect of the Services or the use of the vehicles in writing within twenty-four (24) hours of the circumstances giving rise to the complaint. The written complaint must be sent to email: grievance.officer@theporter.in.
• The Company shall not be liable for the conduct of the drivers used in providing the Services. However, the Company encourages the Customer to notify it, of any complaints that the Customer may have against a driver which shall be duly taken into consideration by Porter.
• Alternatively, the Customers can raise complaints and raise their concerns by reaching out at Porter’s helpline number. All calls made to the Company's call center are recorded by the Company for quality and training purposes. In the event a User and/or Customer places a query on the Platform including any query with respect to Services, applicable fees or Terms and Conditions of Service, the Customer hereby expressly consents to receiving our responses, whether by way of telephone calls or electronic mail, to such query and all related information with respect to our Services. For the avoidance of doubt, related information includes without limitation marketing and/or commercial information. You, the Customer, understand, agree and acknowledge that such information shall in no event, qualify as unsolicited commercial communication.

Cancellations:

• A Customer may elect to cancel a reservation for Services at any time subject to charging of cancellation fee.
• All cancellations made five (5) minutes after driver allocation will incur a cancellation fee. The cancellation of four (4) bookings in one day, after driver allocation, will temporarily suspend a Customer's account for twenty-four (24) hours.
• In case a road toll charge is imposed in respect of the Services provided to the Customer, both the outward and return toll fare will be charged.
• In the event of cancellations being made by the Service Providers and/or Porter and for reasons not attributable to the Customer, no cancellation fee shall be charged to the Customer.

CONFIDENTIALITY

• Unless required by the applicable laws, the Customers shall not disclose any information received under the Terms with the Company to any third party. Access to any information which pertains to business of the Company shall be kept confidential to the extent it might adversely impact the Company's business. Customers shall be liable to indemnify the Company against any loss of business or reputation.

DISCLAIMER

• All vehicles registered with the Company are constantly tracked for business and security reasons only. It is hereby made expressly clear to you, as the Customer, that the Company does not own any vehicle nor does it directly or indirectly employ any driver of the vehicles. Vehicles and drivers are all supplied by third parties and the Company disclaims any and all liabilities in respect of the drivers and the vehicles alike.
• The Customer agrees that the Company has the right to use the Customer contact information for its own marketing purposes. The Company may send regular SMS updates to the mobile numbers registered with it.

CUSTOMER’S OBLIGATIONS

In respect of each Consignment, the Customer represents and warrants that:

• The contents of the Consignment (including but not limited to weight and number of items) have been properly described on the Platform when booking the Services and all necessary information and documentation, including invoices and permits, are provided on the Platform.
• The contents of the Consignment are not Prohibited Items and/or are not restricted and/or banned by the Applicable Laws.
• The Customer will not supply to the Company any Dangerous or Prohibited Goods, the Customer is required to provide a declaration stating the category and other details, that is needed, properly and accurately in accordance with Applicable Law and neither the Customer nor the Consignee is a person or organisation with whom the Company or the Customer may not legally trade under Applicable Law;
• The Consignment is accepted on an “As-is” basis and shall be attempted to be delivered on the “As-was” basis on a best-efforts basis. Further it has been accepted on “said to contain” basis only without any checks or verification of the actual contents, irrespective of whether it was feasible or practical to do so.
• All statements and information and documents provided by the Customer relating to the Consignment are true and correct and the Customer acknowledges that in the event that the Customer makes untrue or fraudulent statement about the Consignment or any of its contents, the Customer would risk a civil claim and/or criminal prosecution, the penalties for which may include forfeiture and sale. The Customer agrees to indemnify the Company / Service Provider and hold the Company / Service Provider harmless from any claims that may be brought against the Company / Service Provider or the Company's agents arising from the information provided by the Customer;
• The Service Provider is authorised to deliver the Consignment to the address provided when booking the Services on the Platform and without prejudice to the foregoing, it is expressly agreed that in the case of a Delivery confirmation sent by the Company by SMS / messaging services / app-notification / e-mails, if no-response is received within twenty-four (24) hours it will be considered as confirmation of the Delivery;
• The Customer shall declare the correct weight of the Consignment and the Customer will provide any special equipment the Company may need to load or unload the Consignment on or off the Service Provider's vehicles;
• If the Customer has asked the Company to charge the Receiver or a third party and the Receiver or third party does not pay the Company / Service Provider, the Customer will promptly settle the dues together with an administration fee in full within seven (7) days of the Company sending the Customer the statement of dues.
• The Customer must have complied with all Applicable Laws in respect of the Consignment.
• The Customer understands, agrees and acknowledges that the Services are not suitable for transportation of valuables like cash, gold, silver, diamond, precious stones, jewels or jewellery, expensive luxury items etc. (“Valuables”). If the Customer hands over or loads the vehicles with Valuables for transportation, any loss, damage, theft, misappropriation to or of the Consignment shall be at the Customer's risk and not Company's, for the reasons mentioned in these Terms and without prejudice, the Company shall not only have the right to explicitly and specifically disclaim any liability and/or responsibility arising or accruing from the damage, loss, theft, misappropriation to or of the Consignment or any contents of the Consignment, but also the right to claim indemnification from the Customer where the Company has suffered loss of reputation or goodwill due to the Customer's actions of breaching these Terms.
• The Customer understands, agrees and acknowledges that if the Consignment or any contents thereof are of the value exceeding Tk.25,000 (Taka Twenty Five Thousand only), the Customer shall have the Consignment insured from an insurance company in the People’s Republic of Bangladesh before handing over the Consignment for transportation. Maximum liability towards Customer is restricted to the lower of:
• Value of goods damaged; OR
• In absence of adequate insurance to cover loss of goods in transit or in absence of wrong or non- declaration of the Consignment details or value, and whether insured or not, the transportation of the Consignment shall be entirely at the Customer's risk and the Company explicitly and specifically disclaims any liability and/or responsibility arising or accruing from the damage, loss, theft, misappropriation or any insurable loss to or of the Consignment or any contents of the Consignment and the Customer further agrees to indemnify the Company in all those cases where the Company has suffered loss of reputation or goodwill due to the Customer's actions of breaching these Terms.
• The Customer agrees and acknowledges that the use of the Services is at the Customer's sole risk and that the Company excludes all representations and warranties of any kind, whether express or implied as to condition, suitability, reliability, timeliness, quality, merchantability, and fitness for any purposes to the fullest extent permitted by Applicable Law. Without prejudice to the above, the Company makes no representation or warranties with respect to:
  • The Services meeting the Customer's requirements;
  • The Services being uninterrupted, timely, secure, or error-free;
  • Any responsibility or liability for any loss or damage, howsoever caused or suffered by the Customer arising out of the use of Services offered by Service Provider or due to the failure of the Service Provider to provide Services to the Customer for any reason whatsoever including but not limited to the Customer's non-compliance with the Services' recorded voice instructions, malfunction, partial or total failure of any network terminal, data processing system, computer tele-transmission or telecommunications system or other circumstances whether or not beyond the control of the Company or any person or any organization involved in the above mentioned systems;
  • Any liability for any damages of any kind arising from the use of the Service , including, but not limited to direct, indirect, incidental, punitive, and consequential damages;
  • Any additional or extra charges for far off locations and toll charges; and
  • Any alternate arrangement(s) if the vehicle has not reached the Delivery destination due to any reason.
  • The Company is not liable if the Company does not fulfil any obligations towards the Customer at all as a result of:
  • Circumstances beyond the Customer's control such as (but not limited to):
  • Acts of God including earthquakes, cyclones, storms, flooding, fire, disease, fog, snow or frost orother natural calamities or disasters;
  • Force majeure including (but not limited to) war, epidemics, pandemics, accidents, acts of public enemies, strikes, embargoes, perils of the air, local disputes or civil commotions;
  • National or local disruptions in air or ground transportation networks and mechanical problems to modes of transport or machinery;
  • Latent defects or inherent vice in the contents of the Consignment; and
  • Criminal acts of third parties such as theft and arson,
  • The Customer's acts or omissions or those of third parties such as:
  • The Customer being in breach of (or any other party claiming an interest in the Consignment causing the Customer to breach) the Customer's obligations under these Terms;
  • The contents of the Consignment consisting of any article that is a Prohibited Item, Dangerous Goods or Valuables even though the Service Provider may have accepted the Consignment by mistake or the Customer has willingly handed it over to the Company without notifying, informing or declaring to the Company. Acceptance of the Consignment is without prejudice to the terms and conditions mentioned herein.
  • The Customer agrees to indemnify the Company and hold the Company harmless from any liabilities the Company may suffer or any costs, damages or expenses, including legal costs, the Company incurs either to the Customer or to anyone else arising out of the Customer being in breach of any of these warranties and representations in paragraph 3.17.1 even if the Company inadvertently accepts a Consignment that contravenes any of the Customer's obligations.

REJECTED CONSIGNMENTS

• If the Receiver refuses to accept Delivery, the Company and/or the concerned driver will attempt to contact the Customer and agree to the next action if it is appropriate. The Customer agrees to pay the Company the Delivery Charge for the Rejected Consignment along with any costs incurred by the Company in forwarding, disposing of or returning the Consignment and the Company's charges (if any) for the agreed appropriate next action.
• If the Customer terminates the Agreement with the Company with respect to any Consignment, the Customer shall be liable to pay the Company the entire fees and other expenses so incurred with respect to such Consignment.

CLAIMS BROUGHT BY THIRD PARTIES

• The Customer undertakes not to permit any other person who has an interest in the Consignment to bring a claim or action against the Company arising out of Carriage even though the Company may have been negligent or in default and if a claim or action is made, the Customer will indemnify the Company against the consequences of the claim or action and the costs and expenses the Company incurs in defending it

GOVERNING LAW AND JURISDICTION

• These Terms shall be governed by and construed in accordance with the laws of the People’s Republic of Bangladesh.
• Any dispute, conflict, claim or controversy arising out of or broadly in connection with or relating to the Porte Services or these Platform User Terms, including those relating to its validity, its construction or it enforceability must first be submitted to amicable settlement.
• Should the parties fail to reach settlement within 30 days of the aforesaid dispute, the Courts of Banglades shall have exclusive jurisdiction over any disputes, differences or claims arising out of or in connection wit these Terms or any Services provided by pursuant to these Terms.

LIMITATION OF LIABILITY

• The information contained on this Platform is for general information purposes only. The information i provided by the Company and while the Company endeavours to keep the information up to date and correct the Company makes no representations or warranties of any kind, express or implied, about the completeness accuracy, reliability, suitability or availability with respect to the Platform or the information, products services, or related graphics contained on the Platform for any purpose. Any reliance the Customer places o such information is therefore strictly at the Customer's own risk.
• In no event will the Company be liable for any loss or damage including without limitation, indirect o consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising ou of, or in connection with, the use of this Platform or the availing of the Services.
• Every effort is made to keep the portal up and running smoothly. However, the Company provides no assuranc and takes no responsibility for, and will not be liable for, the Platform being temporarily unavailable due t technical issues beyond the Company's control, or for the convenience of the Company.
• Customer acknowledge that Porter does not provide transportation or logistics services or function as transportation carrier and that all such transportation or logistics services are provided by independent thir party contractors who are not employed by Porter or any of its affiliates.
• Customer acknowledges that Porter will solely provide the Platform in order for the Customer to engage th services of the Service Provider. Porter may, as the intermediary between the Customer and Service Provide use a third party payment provider to collect any fees owed by the Customer for the Services. Customer use th Platform, to collect the fees for the Services and acknowledges that Porter does so on behalf of the Servic Provider and where applicable, to collect any amounts owed to Porter by the Customer.
• Neither Party shall be in default of its delay in performance or failure to perform any of its obligation hereunder, when and if the delay or failure arises from a cause which is beyond the control of the party failin to perform. Such force majeure (which includes, inter alia, strikes, acts of God, acts of war, laws an regulations) would suspend the fulfillment of the obligations under this Platform User Terms until it is over.

GENERAL TERMS AND CONDITIONS

• Porter’s failure to exercise or enforce any right or provision of the terms mentioned herein will not b considered a waiver of that right or provision.
• If any provision of the Platform User Terms shall be adjudged by any court of competent jurisdiction to b unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so tha these Platform User Terms shall otherwise remain in full force and effect and remain enforceable between th parties.
• Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent o such section.
• These Platform User Terms including the Privacy Policy and other supplemental terms including Porter’ policies constitutes the entire agreement between Porter with User and/or Customer with respect to the use o the Platform and/or availing of the Services.
• These Platform User Terms is not intended and shall not be construed to create any rights or remedies in an parties other than User and/or Customer and Porter which each shall be a third-party beneficiary of thes Platform User Terms, and no other person will have the ability to assert any rights as a third party beneficiar under these Platform User Terms.
• This agreement shall be made and executed in English.