PIICKME - TERMS AND CONDITIONS
Last Updated: April 1, 2019
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AND IN THEIR ENTIRETY BEFORE USING THE PIICKME APP AND/OR THE SERVICES, AND CHECK THEM PERIODICALLY FOR CHANGES. YOUR USE OF THE SITE IS SUBJECT TO AND CONDITIONED UPON YOUR AGREEMENT TO, AND COMPLIANCE WITH, ALL OF THE TERMS AND CONDITIONS BELOW (THE “AGREEMENT”). IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MAY NOT USE THE PIICKME APP. BY COMPLETING THE REGISTRATION PROCESS, ACCESSING AND USING THE PIICKME APP, AND USING THE SERVICES, YOU ARE INDICATING THAT YOU ARE 18 YEARS OF AGE OR OLDER, THAT YOU HAVE READ, UNDERSTAND AND UNCONDITIONALLY ACCEPT AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS WHICH APPLY TO ALL SERVICES RENDERED WITHIN THE BANGLADESH.
Subject to your compliance with these Terms, Piickme grants you a limited, non-exclusive, non-sub licensable, revocable, non-transferrable license to: (i) access and use the Applications (Apps) 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, noncommercial use. Any rights not expressly granted herein are reserved by Piickme and Piickme’s licensors.
The Company only provides the technology which shall act as a medium connecting the passengers with the transport provider and does not provide or engage in transportation services and the company itself is not a transportation provider. The application is intended to facilitate and offer your transportation services to the respective passengers and customer.
3.1 The Company provides information, ridesharing platform for the transportation providers, motorcycle riders, car drivers, and other vehicle operators to acquire and form connection with Riders (Drivers) or Users (Passengers) of the applications. It does not and does not anticipate to provide transportation services itself. It does not act in any way as a taxi operator, transportation carrier or provider and has no responsibility or liability for any transportation services provided to the user.
3.2 In the event Piickme modifies the terms and conditions of this Agreement, such modifications shall be binding on you only upon your acceptance of the modified Agreement. Piickme reserves the right to modify any information from this Agreement from time to time, and such modifications shall become effective upon posting at Piickme website. You agree that it shall be your responsibility to review this Agreement regularly upon the continued use of the Piickme App or Services after any such changes shall constitute your consent to such changes, whether or not reviewed by you.
3.3 The Site or Apps permits you to avail the ridesharing service offered by Piickme Limited. The Service allows you to send a request through Piickme to a Rider (Driver) on the Piickme network. The Rider (Driver) has sole and complete discretion to accept or reject each request for Service. If the Rider (Driver) accepts a request, Piickme notifies User (Passenger) and provides information regarding the Rider (Driver) - including Driver or Rider name, Vehicle license number, telephone contact details, and such other details as Piickme may determine. Piickme will obtain reasonable efforts to bring you into contact with a Rider (Driver), subject to the availability of Rider (Driver) in or around your location at the moment of your request for such services.
The Services and all rights therein are and shall remain Piickme’s property or the property of Piickme’s licensors. Neither these Terms nor your use of the Services convey or grant to you 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 Piickme’s company names, logos, product and service names, slogans, trademarks or services marks or those of Piickme’s licensors.
5. Right to Black list and Refuse
The Company reserves right anytime and all time to blacklist you (users, passengers, riders, and drivers) at its sole and absolute discretion, terminate you temporarily or permanently and reject your request to use of Piickme Apps and or Service for reasons as it deems appropriate which can include receipt of complaints from user, customer, passenger, rider, driver, employees of the company or interaction with anyone whatsoever for any misbehavior on your part. The Company aim is to provide excellent services to user therefor all the complaints made by the customer, company’s employees, law enforcement agencies, Government authorities and any other applicable individual.
You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by Piickme; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
7. Use of the Piickme App
7.1 Riders (drivers) and Users (passenger) must create an Account to access the Services (“Account”). Riders and Users shall access and use the Piickme App only for personal purposes, and only as long as they are in compliance with all provisions of the Agreement. Riders and Users shall not use the Piickme App in any way that violates the law or the terms of this Agreement, or harms us, or any other person or entity, as determined in our sole discretion. We reserve the right to requires Riders and Users who use of the Piickme App for commercial purposes to create a business account.
7.2 You may close your Account and cease to be a Riders and Users at any time by sending us written notification via email to email@example.com or by mail to our address at Alamin Apon Heights, Plot No. 27/1/B, Rd No. 3, 14th E Floor, Shyamoli, Dhaka- 1207. If your Account is closed or suspended, either by you or by us, same shall not relieve you of any payment obligations that you incurred in connection with the Services while the Account was active.
7.3 We or third parties authorized by us may from time to time place commercial content on the Piickme App. We have no control over for the accuracy, truthfulness, quality, safety or legal aspects of content provided by third parties, nor do We endorse, guarantee, or are we responsible for such content (even if Riders and Users receive any benefits related to the Piickme App in connection with such third party offers). It is Riders and User’s responsibility to understand and accept the terms and payment obligations of all such content that Riders and Users pursue.
7.4 Occasionally, the Piickme App may experience interrupted service, delays or errors. This may be due to a number of reasons including maintenance that we perform on the Piickme App, as well as reasons beyond our control. We will attempt to provide you with prior notice of any interruptions, delays or errors, but cannot guarantee that such notice will be provided, should you experience any such issues, please contact us at firstname.lastname@example.org so that we may address the issue.
7.5 Minimum hardware and software requirements for use of the Piickme App may be posted from time to time. However, we do not guarantee the access to or performance of the Piickme App even if Riders and Users meet such minimum requirements.
7.6 We may, in our sole discretion and at any time, in any way, for any reason, change or discontinue any part of the Piickme App or Services with or without notice to you. We may, in the future and in our discretion, impose charges for accessing any or all portions of the Piickme App or Services, in which event we will provide notice before such access is granted and charges incurred. We shall not be liable to you or any third party should we exercise our right to modify or discontinue the Piickme App or Services. If you object to any such changes, your sole recourse will be to cease accessing the Piickme App or Services. Your continued access of the Piickme App or Services following any such changes shall constitute your acknowledgement of an agreement to such changes, and your satisfaction with the Piickme App or Services as so modified. You agree that we may in our sole discretion and at any time, in any way, for any reason, immediately terminate your access to the Piickme App and Services.
YOU ACKNOWLEDGE AND AGREE THAT WE SHALL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE PIICKME APP OR SERVICES. TERMINATION OF YOUR ACCOUNT SHALL IN NO WAY MODIFY OR VOID ANY PAYMENT OBLIGATIONS YOU MAY HAVE INCURRED THROUGH YOUR USE OF THE PIICKME APP OR SERVICES, WHETHER SUCH OBLIGATION IS TO US OR A THIRD PARTY.
8.1 To set up an Account, You must provide, among other things, your name, a functioning mobile phone number and e-mail address where you can be reached, a password of your selection which You agree not to transfer to or share with any third parties, and a method of payment (collectively, Your “Account Information“). The mobile telephone number must be SMS-capable so that you may receive temporary verification codes from us for purposes of verifying your identity and keeping Your Account secure. You agree to provide true, accurate, current and complete information for your account. You shall not (a) register for more than one Account, (b) register for an account on behalf of a third party, (c) use any account other than your account, or (d) permit any third party to use your account.
8.2 You are solely responsible for all use of Your Account Information and activities, act or omission of any third party, including without limitation any act or omission in violation of these Terms and Conditions, that may occur under or in connection with Your Account. You shall notify us immediately by sending an email to email@example.com if you become aware that Your Account Information is being used without your authorization.
8.3 We reserve the right to take any and all action as deemed necessary or reasonable in Our sole discretion, to ensure the security of the Piickme App and Your Account, including without limitation terminating Your Account, changing Your password, or requesting additional information to authorize transactions on Your Account.
9. Payment Information
Any fees which the Company may charge you for the Service, are due immediately and are non-refundable (“Service Fee”). This no-refund policy shall apply at all times irrespective of your decision to terminate your usage, our decision to terminate or suspend your usage, disruption caused to the Service whichever planned, accidental or intentional, or any reason whatsoever.
Each day, when the Service Payable to the Company reaches a maximum threshold set by the company (“Service Fee Threshold”), you shall, on your own accord, deposit the Service Fee for the day in favor of the Company in such method, and to such person, as determined by the Company from time to time. You understand that significance of this requirement and you acknowledge that you may be blacklisted for failure to comply with the aforesaid requirement and that your ability to use the Service shall be barred until due compliance is made in this regard.
Some banks and credit card companies impose fees for certain transactions. Such fees are determined solely by your bank or Credit Card Company and we are not responsible for payment of any such fees. If you have any questions about these fees or the exchange rate applied to Your Reservation, please contact your bank or Credit Card Company.
Credit cards/Debit Cards do not include pre-paid cards, one-time cards, gift cards, virtual cards, anonymous cards and reloadable cards.
You agree to pay a late fee equal to 20% for all balances that remain unpaid 30 days after the date of service. If we are required to refer your account to collection (including, but not limited to referral to a collection agency or attorney), you agree that in addition to the charges and late fees which may be due, you will reimburse us for collection costs of 25% of the unpaid balance, including late fees. If your account is subject to any discount, deal or promotion, you will lose the benefit of the discount, deal and/or promotion on the 31st day after the date of service if payment is not received by the 30th day. The discount, deal and/or promotion will be reinstated in our discretion, and only after your account balance has been paid in full. We reserve the right to discontinue service to you in the event you maintain an open balance on your account that is more than 30 days old.
The Company may, at its sole discretion, make promotional offers with different features and different rates to any of the Passengers or Customers or Users whereby these promotional offers shall accordingly be honored by you. The Company may determine or change the Service Fee as the Company deems in its absolute discretion as necessary or appropriate for the business.
YOU ACKNOWLEDGE THAT THE TOTAL AMOUNT OF FARE PAID TO YOU BY THE PASSENGER OR CUSTOMER OR USER INCLUDES THE SOFTWARE USAGE FEE, WHICH YOU ARE COLLECTING ON BEHALF OF THE COMPANY. SUCH SOFTWARE USAGE FEE MAY BE UP TO 100% OF THE FARE STIPULATED FOR THE SERVICE FOR EACH TIME THE PASSENGER OR CUSTOMER OR USER COMPLETES A RIDE, WHICH SHALL BE DETERMINED BY THE COMPANY, AT ITS DISCRETION, FROM TIME TO TIME.
9.2 PAYMENT BY PASSENGER OR CUSTOMER OR USER: The Passenger or Customer or Users may choose to pay for the Service by cash and where available, by pre-purchased credits (“Piickme Wallet”) provided that in the event the payment is made vide Piickme Credits, the Company shall reimburse to you the portion of the said payment that is due to you as per these Terms and Conditions.
Any complaints that the Passenger or Customer shall have regarding the transportation provided by you shall be taken up by the Passenger or Customer with you directly.
The Company retains the right to suspend the processing of any transaction where it reasonably believes that the transaction may be fraudulent, illegal or involves any criminal activity or where it reasonably believes the Passenger or Customer to be in breach of the Terms and Conditions between the Passenger or Customer and the Company. In such an event, you shall not hold the Company liable for any withholding of, delay in, suspension of or cancellation of, any payment to you.
You agree that you will 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 in place.
9.3 Receipt: At the conclusion of your ride, you will send a receipt via e-mail or displayed on the mobile app. We reserve the right to issue amended receipts in the event the amount appearing on the original receipt is inaccurate.
9.3 Refund: We reserve the right to issue refunds in our discretion. All Service Fee(s) are no-refundable. Other refunds shall be in the form of Account credit only. We do not issue cash refunds or refunds of any kind other than Account credit.
10. Services and Pricing
10.1. We offer multiple types of service. While we do not charge fees to use the Piickme App, We may charge for certain auxiliary services and options. Complete pricing information is presented to you through the Piickme App (such pricing information hereinafter referred to as a “Fee Estimate”). Any Fee Estimate presented to You via the Piickme App is valid for a specified period of time, and is based upon time and distance factors, high demand surcharges, and other factors such as traffic conditions prevailing at the time the Fee Estimate was quoted. Fee Estimates for identical itineraries quoted at different times may vary due to these factors. Additional fees not included in the Fee Estimate, including without limitation fees for wait time, tolls, surcharges, additional stops, changes to final destination, other additional charges, variations in ground conditions, and any optional gratuities you may extend to the driver may result in an actual fee (“Actual Fee”) charged to You that is different than the fee initially quoted to You. You shall be fully liable for payment of the Actual Fee each time you reserve or receive Services.
10.2. The pricing methodology used to calculate the Fee Estimate may differ from that used to calculate the fee paid to the driver. For example, as is noted above, time and distance factors as well as other factors such as prevailing traffic conditions are used to calculate the Fee Estimate that You are quoted. Subsequent changes in such factors (an accident, gridlock, etc.) that occur after the Fee Estimate is given may require the driver to take a longer and/or less direct route to deliver you to your destination in a timely manner. Under such circumstances we honor the Fee Estimate and pay the driver based upon the longer route he or she was required to take. The Fee Estimate is not honored if the ride takes significantly longer in duration or distance due to changes you make such as requesting an additional stop or changing your destination. Under such circumstances you will be charged the Actual Fee reflecting the cost of the ride based upon the minimum fare, the distance, and the duration of the ride.
10.3. A third party navigation service is used to determine a recommended route to be taken by the driver; however the route ultimately taken is determined by the driver in his or her discretion based upon prevailing traffic and other conditions. We assume no responsibility for the efficiency of the route the driver takes and/or for any unexpected delays and/or related charges that may occur, irrespective of whether the route is one selected by the navigation service, the driver, or you, and irrespective of whether the driver refuses to take an alternate route you may request.
10.4. Gratuities are optional, and any gratuity you extend to a driver will be passed through by us in full and without deduction. Processing fees may apply.
10.5. From time to time, we may beta test new services and invite you to participate. If you are invited to participate and agree to do so, you may be asked to agree to additional Terms and Conditions.
11. Personal Data Protection
You agree and consent to the Company using and processing your Personal Data for the Purposes and in the manner as identified hereunder.
For the purposes of this Agreement, “Personal Data” means information about you, from which you are identifiable, including but not limited to your name, identification card number, birth certificate number, passport number, nationality, address, telephone number, credit or debit card details, race, gender, date of birth, email address, any information about you which you have provided to the Company in registration forms, application forms or any other similar forms and/or any information about you that has been or may be collected, stored, used and processed by the Company from time to time and includes sensitive personal data such as data relating to health, religious or other similar beliefs.
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.
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”):
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.
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 its abilities, effect such changes as requested within fourteen (14) working days of receipt of such notice of change.
12. Account Credits and Promotions
12.1. From time to time, we may offer promotions, deals or discount codes for the Piickme App. We may in Our sole discretion establish, modify, suspend, end, reject or refuse to honor such promotions, deals or discount codes at any time, with or without notice to You. We reserve the right to set limitations on the use of promotions, deals and/or discount codes. Opening multiple accounts on the same device for purposes of redeeming a promotion, deal and/or discount code more than once is prohibited and shall result in the forfeiture of all promotional credits and/or suspension of the accounts. Additional terms regarding promotions, deals or discount codes will be posted on the Site or in the Piickme App.
12.2. Promotional credits and customer care credits (“Account Credits”) may be applied to the immediately subsequent rides you take with us until used in full. Account Credits are non-transferrable, may not be redeemed for cash, and expire one year from the date of issuance.
13. Cancellations and No-Shows
Any cancellations, no-shows or failure to be present to accept deliveries shall be governed by our current cancellation policy, which may be found in our in-app Help Center. Additionally, certain Reservations shall have specific cancellation windows and you shall be responsible for all fees if you fail to show for a Reservation and fail to cancel the Reservation within the cancellation window.
14. Lost Property
We are not responsible for any personal property left behind in a driver’s vehicle. If you lose or leave something behind, please contact our customer support team at 09609-212121 or firstname.lastname@example.org so that they may put you in touch with your driver directly.
15. Mobile Communications
15.1. By accessing and using the Piickme App or Services with a mobile device, you acknowledge and agree that you may receive certain communications from the Piickme App including without limitation SMS, MMS, text messages, mobile emails, push notifications, or other electronic communications means (collectively “Mobile Communications”). By accessing and using the Piickme App or Services via mobile devices, or by using certain mobile features including without limitation sending or receiving Mobile Communications, you may incur fees from the provider or carrier of the mobile services that You use (“Carrier“) and You shall be solely responsible for the payment of such fees.
15.2. If You elect to include information about Your location (including location-related information provided by Your Carrier or any applications) in Your Account Information, You acknowledge, accept and agree that (i) such information shall be made available to Transportation Providers when You make a Reservation for Services; and (ii) Company shall not be responsible for the accuracy of such information or any use of such information by third parties including without limitation Transportation Providers.
15.3 Text Messaging. By creating an Account, you agree that the Services may send you informational text (SMS) messages as part of the normal business operation of your use of the Services. You may opt-out of receiving text (SMS) messages from Piickme at any time by following the directions found at Piickme website. You acknowledge that opting out of receiving text (SMS) messages may impact your use of the Services.
16. Electronic Communications
16.1. You (i) consent to receive communications from Us in an electronic form (including via phone call, e-mails and text message), including without limitation marketing and promotional Communications, advertisements and telemarketing messages; and (ii) agree that all Terms and Conditions, agreements, notices, documents, disclosures, and other communications (“Communications“) that We provide to You electronically satisfy any legal requirement that such Communications would satisfy if it were in writing. Your consent to receive Communications and do business electronically, and our agreement to do so, applies to all of your communications and transactions with us. The foregoing does not affect your non-waivable rights. You may withdraw your consent to receive marketing and promotional Communications, advertisements and telemarketing messages by contacting us via email at email@example.com. The withdrawal of your consent will not affect the legal validity and enforceability of any obligations or any electronic Communications provided by us or any business transacted prior to the time you withdraw your consent. You shall keep us informed of any changes in your email address so that you continue to receive all Communications without interruption.
16.2 Network Access and Devices You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device and you shall be responsible for such rates and fees. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. Piickme does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
17. Internet and Network Delays
The Company shall not be accountable for any delays, network delays, failures, damages or any losses resulting from the use of the internet and electronic communications, including the device (phones or tablets) used by you being faulty, not connected, out of range, switched off or not functioning properly.
18. Links to Third Party Websites
The Site may contain links and references to Websites of others. We may, from time to time, at our sole discretion, add or remove links to other Websites. These links are provided solely as a convenience to you, and access to any such Websites is at your own risk. We do not review, approve, monitor, endorse, guarantee, warrant, make any representations with respect to, nor are we responsible for, such Websites. In no event will we be responsible for the information contained in such Websites, their practices or for your use of or inability to Use such Websites or their services, or transmissions received from such sites. By using the Site, You expressly relieve us from any and all liability arising from your use of any third-party Website. We encourage Riders (Drivers) and Users (Passengers) to read the privacy policies and other terms and familiarize themselves with the privacy practices of the other Websites before using their services.
19. Links to the Site
Subject to the terms of this Agreement, Riders (Drivers) and Users (Passengers) may display a link to the Site as long as such use is not misleading, illegal or defamatory, and the linked Website contains no infringing or illegal content. Riders (Drivers) and Users (Passengers) may not suggest that we endorse, guarantee, sponsor, nor in any way are we responsible for or affiliated with their site, nor tarnish, blur or dilute the quality of our trademarks or any associated goodwill.
20.1. “Submissions” are any information, text, messages, concepts, suggestions, feedback, stories, screenplays, treatments, formats, artwork, photographs, videos, audiovisual works, musical compositions including lyrics, sound recordings, recordings, actions, appearances, performances Your or another persons’ name, likeness, voice, Username, profile, and/or other biographical information or material, and/or other similar materials that You email, post, upload, embed, display, publish, communicate or otherwise submit (collectively, “Submit”) on or through or to the Site. Submissions may be publicly displayed on our site. You warrant and represent that You are the rightful owner of all of the rights to Your Submissions (including without limitation moral rights) or have the appropriate license or sublicense rights from the owner, without the need for any permission from or payment to any other person or entity, and that the information You Submit to the Site is true and accurate. You are entirely and solely responsible for all Your Submissions and the consequences of submitting them to, or posting or publishing them on, the Site.
20.2. We do not accept, review or otherwise consider unsolicited Submissions and request that Riders (Drivers) and Users (Passengers) do not submit any unsolicited Submissions. Riders (Drivers) and Users (Passengers) acknowledge that there is no confidential or fiduciary relationship between Riders(Driver); Users (Passengers) and us whatsoever and that we will not review or offer any consideration or compensation for any Submissions. Riders (Drivers) and Users (Passengers) hereby grant to us and our officers, directors, employees, agents, licensees, distributors, representatives and affiliates, a non-exclusive, perpetual, irrevocable, unrestricted, fully-paid, royalty-free, sub-licensable and transferable (in whole or in part) worldwide license for an indeterminate period (or for such maximum period permitted by applicable law) under all intellectual property rights you own or control to use, reproduce, distribute, transmit, prepare derivative works of, publicly display, index, comment on, modify, perform and otherwise exploit Your Submissions, in whole or in part, for any purpose and in any media formats and channels (including among others on other Websites, and in products and services offered by Us) now known or subsequently devised, in each case without compensation, attribution, liability or notice to You and without the requirement of any permission from or payment to You or to any others. If you request in writing that we remove Your Submissions from the Site, We will remove any public display of Your Submissions and the license granted by you to us shall terminate (except that we shall not be required to change any materials used by us that already include Your Submissions).
20.4. We reserve the right to decide, in our sole discretion, whether, where, and how a Submission is published on the Site. If we have questions about Your Submissions, We may contact you for further information (including, but limited to, to verify that you own the copyright or other intellectual property rights). Although we have no obligation to review any Submissions, We reserve the right, in our sole discretion, to edit or remove any and all Submissions, without prior notice.
You agree that this Agreement shall be subject to all prevailing legal taxes, duties, fees, charges and/or costs, as may be in force and in connection with any future taxes that may be introduced at any point of time by government tax authority. You agree to cooperate and do everything required under 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 Services supplied under this Agreement. You further agree to use your best efforts.
22. Enlistment Certificates
22.1. Ride Sharing Services Provider Enlistment Application Form
22.2 Vehicle Enlistment Application Form for Ride Sharing
23. BRTA Ride Sharing Service Guideline
23.1. Ride Sharing Service Guideline 2017
The Company may give a notice through the Application or to your electronic email address as per the records of the Company, or text message, or by written communication Registered mail or by written communication pre-paid post to your address as provided in the record of the Company. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by Registered mail or pre-paid post) or 1 hour after sending (if sent by email). You may give notice to the Company (such notice shall be deemed given when received by the Company) by letter sent by courier or registered mail to the Company using the contact details as provided in the Application.
25. Proprietary Rights
(ⅰ) sublicense, sell, assign or otherwise share the Content with anyone;
(ⅱ) duplicate any part of the App or any content appearing on the App, for any purpose (except as expressly provided elsewhere in these Terms);
26. Disclaimers of all Warranties
26.1. THE SITE, THE PIICKME APP AND THEIR CONTENTS AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
26.2 WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT THE SITE, THE PIICKME APP OR ITS CONTENT OR THE SERVICES SHALL MEET YOUR REQUIREMENTS, OR SHALL BE AVAILABLE, UNINTERRUPTED, CONTINUOUS, TIMELY, SECURE, OR ERROR OR VIRUS FREE; NOR DO WE WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THIS SITE OR ITS CONTENT OR THE SERVICES IN TERMS OF ITS CORRECTNESS, COMPLETENESS, AVAILABILITY, ACCURACY, RELIABILITY OR OTHERWISE, OR IN CONNECTION WITH RIDERS AND USER’ SUBMISSIONS. SUBJECT TO APPLICABLE LAW, RIDERS ASSUME THE ENTIRE COSTS OF ANY AND ALL REPAIR OR CORRECTION. YOUR USE OF THIS SITE AND ITS CONTENT AND RIDERS AND USERS’ SUBMISSIONS IS AT YOUR OWN DISCRETION AND RISK, AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY RESULTING CONSEQUENCES INCLUDING ANY KIND OF ACCIDENTS, CRIMES, ACTS OR OMISSIONS.
26.3 YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST US WITH REGARD TO CONTENT AND ANY CONTENT YOU PROVIDE TO THIRD PARTY SITES (INCLUDING, BUT NOT LIMITED TO, CREDIT CARD INFORMATION AND OTHER PII), TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
26.4 WE DO NOT CLAIM OR PROMISE THAT ANY RIDES OR DELIVERIES ARRANGED USING THE SITE OR THE PIICKME APP WILL IN FACT OCCUR; THAT DRIVERS WILL PICK UP PASSENGERS OR DELIVERIES ON TIME OR AT ALL; THAT RIDERS WILL REACH THEIR DESTINATION ON TIME, OR AT ALL. THAT RIDER WILL RECEIVE THEIR DELIVERIES ON TIME, OR AT ALL. WE ALSO DO NOT MAKE ANY CLAIM OR PROMISE REGARDING THE TIMING, DURATION, QUALITY OR SAFETY OF THE RIDE. YOU HEREBY AGREE AND ACKNOWLEDGE THAT WE HAVE MADE NO SUCH CLAIMS OR PROMISES AND THAT WE SHALL NOT BE LIABLE FOR ANY RESULTING DAMAGES OR LOSSES INCLUDING CONSEQUENSIAL DAMAGES EITHER IN TORT OR CONTRACT.
27.1. RIDERS SHALL BE RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF THEIR ACCOUNT INFORMATION AND PII, AS WELL AS ALL ACTIVITIES THAT OCCUR UNDER THEIR ACCOUNT. RIDERS HEREBY RELEASE, AND ACKNOWLEDGE AND AGREE, AT RIDERS’ OWN EXPENSE, TO INDEMNIFY, DEFEND AND HOLD HARMLESS US, OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSEES, DISTRIBUTORS, REPRESENTATIVES, ATTORNEYS, AFFILIATES, AND SUCCESSORS FROM ALL LIABILITIES, CLAIMS, ALLEGED CLAIMS, LOSS AND DAMAGES (OF EVERY KIND, WHETHER KNOWN OR UNKNOWN UNDER TORTS OR CONTRACTS AND SUSPECTED OR UNSUSPECTED), INCLUDING SETTLEMENT COSTS AND ANY LEGAL OR OTHER FEES AND EXPENSES FOR INVESTIGATING OR DEFENDING ANY ACTIONS OR THREATENED ACTIONS AND REASONABLE ATTORNEY’S FEES RELATED IN ANY WAY TO OR ARISING OUT OF THE USE OF OR ACCESS TO THIS SITE, ITS CONTENT, PII, RIDER SUBMISSIONS OR THE SERVICES. RIDERS SHALL USE THEIR BEST EFFORTS TO COOPERATE WITH US IN THE DEFENSE OF ANY CLAIM.
27.2 By agreeing to this Agreement, all time you shall defend, indemnify, hold the Company from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of and among others the following:
(A) Any violation by you or breach of any term of this Term and Conditions or any applicable law or regulation, including any local laws or ordinances, whether or not referenced herein.
(B) Any violation of any rights of any third party by you, including, but not limited to passengers of your vehicle or the vehicle that you have control over, other motorists, and pedestrians, as a result of your own interaction with any third party
(C) Your use (or misuse) of the Application and/or Software.
28. LIMITATION OF LIABILITY
28.1. IN NO EVENT WILL PIICKME, INCLUDING OUR AFFILIATES, SUBSIDIARIES, PARENTS, SUCCESSORS AND ASSIGNS, AND EACH OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SHAREHOLDERS (COLLECTIVELY “PIICKME” FOR PURPOSES OF THIS SECTION), BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING DAMAGES FOR DELETION, CORRUPTION, LOSS OF DATA, LOSS OF PROGRAMS, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY THE PIICKME PLATFORM, SERVICE INTERRUPTIONS, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES) ARISING OUT OF OR IN CONNECTION WITH THE PIICKME PLATFORM, THE SERVICES, OR THIS AGREEMENT, HOWEVER ARISING INCLUDING NEGLIGENCE, EVEN IF WE OR OUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE PIICKME PLATFORM MAY BE USED BY YOU TO REQUEST AND SCHEDULE TRANSPORTATION, GOODS, OR OTHER SERVICES WITH THIRD PARTY PROVIDERS, BUT YOU AGREE THAT PIICKME HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY TRANSPORTATION, GOODS OR OTHER SERVICES PROVIDED TO YOU BY THIRD PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT. CERTAIN JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
28.2. IN ANY EVENTS, ALL THE CLAIMS AGAINST THE COMPANY BY YOU SHALL BE LIMITED TO 50% (FIFTY PERCENT) THE AGGREGATE AMOUNT OF ALL AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM YOU IN UTILISING THE SERVICE DURING THE EVENT GIVING RISE TO SUCH CLAIMS.
28.3. IN ANY EVENT, THE COMPANY SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER FOR ANY DAMAGES, INJURIES, LOSSES OF ANY KIND WHATSOEVER SUFFERED BY THE CUSTOMER OR PASSENGER, EITHER DIRECTLY OR INDIRECTLY, BECAUSE OF YOUR ACT OR OMISSION OR LACK OF CONTROL OVER THE VEHICLE OR AWARENESS OF THE ROAD OR ANY OTHER CAUSE THAT IS ATTRIBUTABLE TO YOU DURING THE COURSE OF THE SERVICE.
28.4. IN ANY EVENT, THE COMPANY SHALL NOT BE HELD RESPONSIBLE OR LIABLE IN ANY MANNER WHATSEOVER FOR ANY DAMAGE, INJURIES, AND LOSSES OF ANY KIND WHATSOEVER SUFFERED BY YOU, EITHER DIRECTLY OR INDIRECTLY, BY THE ACTION OR OMISSION OF A PASSENGER OR A CUSTOMER.
28.5. IN NO EVENT WHATSOEVER, SHALL THE COMPANY BE HELD RESPONSIBLE OR LIABLE, IN ANY MANNER WHATSOEVER, FOR CRIMINAL INVESTIGATION BY POLICE OR OTHER LAW ENFORCEMENT AUTHORITIES, FOR YOUR ACTIONS OR INACTIONS NOR THE ACTIONS OR INACTIONS OF A PASSENGER OR CUSTOMER INCLUDING BUT NOT LIMITED TO, FOR YOUR BREACH OF YOUR REPRESENTATIONS, WARRANTIES AND ACKNOWLEDGEMENTS MADE THROUGHOUT THIS TERMS AND CONDITIONS AND SPECIFICALLY THOSE REPRESENTATIONS AND WARRANTIES MADE BY YOU.
28.6. IN ANY EVENT, THE COMPANY SHALL NOT BE LIABLE FOR ANY ERROR CAUSED DUE TO THE INSTALLATION OF THE APPLICATION WHICH MAY INCLUDE AMONG OTHERS ANY DIFFICULTY IN INSTALLATION OF THE APPLICATION BY THE USER, BATTERY DRAINAGE, WI-FI ISSUES, BUSTED BLUETOOTH, BUGS, AUTO REBOOTS AND OTHER PROBLEMS OF THIS SORT. THE COMPANY SHALL UPON ANY COMPLAINT UPDATE THE APPLICATION TO FACILITATE ITS OPERATION, HOWEVER SHALL NOT BE RESPONSIBLE FOR ANY ERRORS THAT MAY DISRUPT OR DAMAGE THE FUNCTIONING OF THE HANDSET OR ANY OTHER ELECTRONIC DEVICE WHERE THE APPLICATION HAS BEEN INSTALLED.
You agree not to use any technical, financial, strategic and other proprietary and confidential information relating to Piickme’s business, operations and properties, information about a User made available to you in connection with such User’s use of the Platform, which may include the User’s name, pick-up location, contact information and photo (“Confidential Information”) disclosed to you by Piickme for your own use or for any purpose other than as contemplated herein. You shall not disclose or permit disclosure of any Confidential Information to third parties. You agree to take all reasonable measures to protect the secrecy of and avoid disclosure or use of Confidential Information of Piickme in order to prevent it from falling into the public domain. Notwithstanding the above, you shall not have liability to Piickme with regard to any Confidential Information which you can prove: was in the public domain at the time it was disclosed by Piickme or has entered the public domain through no fault of yours; was known to you, without restriction, at the time of disclosure, as demonstrated by files in existence at the time of disclosure; is disclosed with the prior written approval of Piickme; becomes known to you, without restriction, from a source other than Piickme without breach of this Agreement by you and otherwise not in violation of Piickme’s rights; or is disclosed pursuant to the order or requirement of a court, administrative agency, or other governmental body; provided, however, that You shall provide prompt notice of such court order or requirement to Piickme to enable Piickme to seek a protective order or otherwise prevent or restrict such disclosure.
30. GOVERNING LAW AND JURISDICTION
30.1 This Agreement shall be understood and governed by Bangladesh law (without regard to the choice or conflicts of law provisions of any jurisdiction and any actions). Any disputes, any 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 Bangladesh.
30.2 In the event of any dispute between the parties initially they should try to settle the matter upon amicable discussion and if the matter is still unresolved then it shall be referred to arbitration and such arbitration will be resolved as per the provisions of the arbitration law of Bangladesh
31.1. You agree that 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 and that you shall not seek or enter into any joint venture, partnership, employment, or agency relationship with any third party during the tenure of this Agreement.
31.2. Neither party shall be liable or accountable for delays or failures in performance resulting from acts or facts reasonably beyond the control of that party including but not limited to Acts of God, war, natural disaster, lighting, fire, hurricane, storm, earthquake, strikes, lockout, flood, explosion, governmental restraint, acts of terrorism. In the event of the occurrence of a force majeure event, the obligations of both parties will be suspended for the duration of the event.
31.3. Data Security. We are committed to protecting the data of the Piickme. Even though we take reasonable precautions to protect your data, no security measures can be 100% secure, and we cannot guarantee the security of your data.
32. Accepting these Terms and Conditions
32.1. Your use of the Piickme App, or any other Company software licensed through a third party distributor is also governed by any applicable current end user license agreement made available through the third party distributor. In the event of a conflict between any provision in these Terms and Conditions and any end user license agreement, the conflicting provision in these Terms and conditions will prevail.
32.2. Certain offerings, including without limitation sweepstakes, rewards, contests of skill, or promotion s on the Site or through the Piickme App, may be subject to additional guidelines, rules, or terms (“Additional Terms“). These Additional Terms will be located where we post the sweepstakes, rewards, contests of skill, or promotions on the Site. In the event of a conflict between the Terms and Conditions and the Additional Terms, the Additional Terms take precedence in relation to that Service. The Additional Terms for such Services are hereby incorporated by reference into these Terms and Conditions.
32.3. We may in our sole discretion and at any time, change, add, or delete portions of these Terms and Conditions and/or any other terms on the Site. We will notify you of any such material changes. Your continued use of the Site following such notice constitutes your acknowledgment and acceptance of, and agreement to, such changes.
32.4. You acknowledge that these Terms and Conditions are supported by reasonable and valuable consideration, the receipt and adequacy of which you hereby acknowledge, and which include, but are not limited to, your use of the Piickme App, and receipt of data, materials and information available at or through the Piickme App, the possibility of our use or display of your submissions, and the possibility of the publicity and promotion from our use or display of your submissions.
33. Modification to the Agreement
In the event Piickme modifies the terms and conditions of this Agreement, such modifications shall be binding on you. Piickme reserves the right to modify any information from this Agreement from time to time, and such modifications shall become effective upon posting. Continued use of the Piickme App or Services after any such changes shall constitute your consent to such changes. Unless material changes are made to the arbitration provisions herein, you agree that modification of this Agreement does not create a renewed opportunity to opt out of arbitration (if applicable).