Terms & Conditions

 

1. INTRODUCTORY

Important – Please carefully review these terms. By utilizing this Service, you affirm that you have read, comprehended, accepted, and consented to the Terms and Conditions, along with the conditions specified in the Driver’s Code of Conduct. Additionally, you agree with the representations you have provided below. If you do not agree with or fall within the Terms and Conditions of the Service (as defined below) and wish to discontinue its usage, kindly refrain from using this Application or Service. The stipulations set forth herein (collectively, the “Terms and Conditions” or this “Agreement”) establish a legal agreement between you and U-Turn (the “Company”).

To avail of the Service (as defined below), you must agree to the below-outlined Terms and Conditions. By utilizing the Company’s mobile application (the “Application”) and downloading, installing, or using any related software (the “Software”) designed to enable the Service (each as defined below), you explicitly acknowledge and consent to be bound by the Terms and Conditions, as well as any future revisions and additions to these Terms and Conditions published periodically at U-Turn or through the Application.

2. SERVICES

The Company offers information, an approach, and a platform to assist transportation providers, drivers, and vehicle operators in arranging, securing, and connecting with Passengers or Customers. However, it does not provide transportation services or act as a taxi operator, transportation carrier, or provider. The Company holds no responsibility or liability for the transportation services provided by you to Passengers or Customers. The terms and conditions of this Agreement or Service policies may be modified, varied, or changed by the Company at any time. Such updates will be effective upon posting on U-Turn. It is your responsibility to review this Agreement regularly, and your continued use of the Service after any changes, whether reviewed by you or not, indicates your consent and acceptance of such modifications.

It is important to note that this car rental business operates on the freelancing model, and the riders are not employees of U-Turn. Any claims, judgments, or liabilities arising from accidents, losses, or damages, including but not limited to personal injuries, death, total loss, and property damages resulting from passenger transport and/or delivery services, shall be the sole responsibility of the individual parties involved, not the company or U-Turn, regardless of how the services are operated.

3. NOT A TRANSPORTATION PROVIDER

THE COMPANY IS A TECHNOLOGY COMPANY THAT DOES NOT PROVIDE OR ENGAGE IN TRANSPORTATION SERVICES AND THE COMPANY IS NOT A TRANSPORTATION PROVIDER. THE SOFTWARE AND THE APPLICATION ARE INTENDED TO BE USED FOR FACILITATING YOU (AS A TRANSPORTATION PROVIDER) TO OFFER YOUR TRANSPORTATION SERVICES TO YOUR PASSENGER OR CUSTOMER. THE COMPANY IS NOT RESPONSIBLE OR LIABLE FOR THE ACTS AND/OR OMISSIONS WITH REGARD TO ANY SERVICES YOU PROVIDED TO YOUR PASSENGERS, AND FOR ANY ILLEGAL ACTION COMMITTED BY YOU. YOU SHALL, AT ALL TIME, NOT CLAIM OR CAUSE ANY PERSON TO MISUNDERSTAND THAT YOU ARE THE AGENT, EMPLOYEE, OR STAFF OF THE COMPANY, AND THE SERVICES PROVIDED BY YOU IS NOT, IN ANY WAY, BE DEEMED AS SERVICES OF THE COMPANY.

YOU ARE FORBIDDEN FROM PROMOTING COMPETITOR’S APPLICATIONS, GIVING OUT COUPONS, AND SUGGESTING ANY OTHER FORM OF DISCOUNT TO THE PASSENGERS OR CUSTOMERS.

4. RIGHT TO REFUSE AND BLACKLIST

Irrespective of anything stated in this agreement, the Company reserves the right, at its sole and absolute discretion, to permanently or temporarily blacklist you and reject your request to use the Application and/or Service, or any part thereof, for reasons it deems appropriate. Such reasons may include but are not limited to, receiving complaints from customers or employees of the Company regarding your behavior or interactions with any individual (including but not limited to Customers, Company’s employees, law enforcement, and government authorities), displaying driving competence below reasonable expectations, or engaging in negotiations with customers or users for prices, destinations, etc., outside the parameters provided in the application while using the Service.

5. REPRESENTATIONS AND WARRANTIES

By using the Service, you expressly represent and warrant that you are legally entitled to accept and agree to the Terms and Conditions and that you are at least eighteen (18) years old. Without limiting the generality of the foregoing, the Service is not available to persons under the age of eighteen (18) or such persons that are forbidden for any reason whatsoever to enter into a contractual relationship. By using the Service, you further represent and warrant that you have the right, authority, and capacity to use the Service and to abide by the Terms and Conditions. You further confirm that all the information which you provide shall be true and accurate. Your use of the Service is for your own sole, personal use. You undertake not to authorize others to use your identity or user status, and you may not assign or otherwise transfer your user account to any other person or entity. When using the Service, you agree to comply with all applicable laws of your country. Besides, you will also be bound by applicable laws, rules, and regulations of the country of origin of the company where it is registered to the extent it is applicable and consistent with the laws and regulations of your local territorial jurisdiction pursuant to the bilateral treaty, international business, and commercial laws as formulated from time to time. You may only access the Service using authorized and legal means. It is your responsibility to check and ensure that you download the correct Software for your device. The Company is not liable if you do not have a compatible handset or if you have downloaded the wrong version of the Software for your handset. The Company reserves the right to terminate this Agreement should you be using the Service with an incompatible or unauthorized device or for purposes other than which the Application or Software is intended to be used.

By using the Service, you represent, warrant, undertake, and agree that:

  • You confirm that you possess a valid driver’s license and are authorized to operate a motor vehicle, holding all the necessary licenses, approvals, and authority to provide transportation for hire in the jurisdiction where you use the Service. 
  • The vehicle you intend to use for accepting passengers or customers either belongs to you or is legally authorized for your operation. It must be in good operating condition and meet industry safety standards for vehicles of its type.
  • You are required to have a valid liability insurance policy (with standard coverage amounts) for the operation of your motor vehicle/passenger vehicle and/or business insurance to cover any expected losses related to your taxi/passenger delivery service.
  • Upon request by the Company, you agree to promptly provide relevant information and identity documents, such as National ID Cards and Driver’s Licenses.
  • You acknowledge that it may take up to five (5) working days for identity documents to reflect in your account or for any payments to clear to or from your account.
  • You are solely responsible for any claims, judgments, or liabilities arising from accidents, losses, or damages, including personal injuries, death, total loss, and property damages, resulting from your passenger transport and/or delivery service, regardless of how it is operated.
  • You must adhere to all local laws relating to the operation of passenger transport and/or delivery services, and you will be held solely responsible for any violations of such laws.
  • The Service should only be used for lawful purposes and the intended purpose for which it is designed.
  • The Application should not be used for sending or storing any unlawful material or for fraudulent activities.
  • You must not use the Application and/or Software to cause inconvenience, annoyance, or any fake bookings.
  • The Service, Application, and/or Software must be utilized solely for obtaining the transportation service and not for any other purposes.
  • You shall not contact Customers for any reasons other than related to the Service.
  • The proper operation of the network should not be impaired in any way.
  • You will not try to harm the Service, Application, and/or the Software in any way whatsoever;
  • You will only use the Software and/or the Application for your own use and will not resell it to a third party;
  • You will keep secure and confidential your account password or any identification we provide you that allows access to the Service;
  • You will provide us with whatever proof of identity the Company may reasonably request or require;
  • You agree to provide accurate, current, and complete information as required for the Service and undertake the responsibility to maintain and update your information in a timely manner to keep it accurate, current, and complete at all times during the term of the Agreement. You agree that the Company may rely on your information as accurate, current, and complete. You acknowledge that if your information is untrue, inaccurate, not current, or incomplete in any respect, the Company has the right but not the obligation to terminate this Agreement and your use of the Service at any time with or without notice;
  • You will only use an access point or data account (AP) that you are authorized to use;
  • You shall not employ any means to defraud the Company or enrich yourself, through any means, whether fraudulent or otherwise, whether or not through any event, promotion, or campaign launched by the Company to encourage new subscription or usage of the Service by new or existing passengers;
  • You will not use the Service or any part thereof for carrying contraband items as may be listed publicly and updated by the company from to time and if, in the event that you display suspicious behavior, you will fully comply with the request of the third-party service provider, any government authority and/or law enforcement, to inspect any bags and/or items you are carrying with you which may or may not be readily visible;
  • You are aware that when responding to Passengers’ or Customers’ requests for transportation services, standard telecommunication charges will apply and which shall be solely borne by you;
  • You shall not impair or circumvent the proper operation of the network on which the Service operates on;
  • You agree that the Service is provided on a reasonable effort basis;

You unconditionally agree to assume full responsibility and liability for all loss or damage suffered by yourself, the Customers or Passengers, the Company, and/or any third party as a result of any breach of the Terms and Conditions by you.

6. LICENSE GRANT & RESTRICTIONS

The Company and its licensors, where applicable, hereby grant you a revocable, non-exclusive, non-transferable, non-assignable, personal, limited license to use the Application and/or the Software, solely for your own personal purpose, subject to the terms and conditions of this Agreement. All rights not expressly granted to you are reserved by the Company and its licensors.

You shall not license, sublicense, sell, resell, transfer, assign, distribute, or otherwise commercially exploit or make available to any third party the Application and/or the Software in any way; modify or make derivative works based on the Application and/or the Software; create internet “links” to the Application or “frame” or “mirror” the Software on any other server or wireless or internet-based device; reverse engineer or access the Software in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions, or graphics of the Application and/or the Software, or (c) copy any ideas, features, functions or graphics of the Application and/or the Software, launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program that may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Application and/or the Software, use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents; post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights, remove any copyright, trademark, or other proprietary rights notices contained in the Service. You may use the Software and/or the Application only for your personal, non-commercial purposes and shall not use the Software and/or the Application to: send spam or otherwise duplicative or unsolicited messages; send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including but not limited to materials harmful to children or violative of third-party privacy rights; send material containing software viruses, worms, trojan horses, or other harmful computer code, files, scripts, agents, or programs; interfere with or disrupt the integrity or performance of the Software and/or the Application or the data contained therein; attempt to gain unauthorized access to the Software and/or the Application or its related systems or networks; or Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity to abstain from any conduct that could possibly damage the Company’s reputation or amount to being disreputable.

7. PAYMENT TERMS

You acknowledge that the Company charges a commission on every trip by the amount disclosed on the app. The Company will collect half of this commission upfront before the start of a trip in the form of booking money from you and the other half from the passenger. This booking money is also used as a guarantee that you will never cancel a bid that is accepted by the Passenger. You understand that not confirming the trip after a passenger accepts your bid, or cancellation of any trip after paying the booking money, is strictly forbidden by U-Turn. You acknowledge that if any of these is violated, U-Turn holds the right to terminate or suspend your usage of the service.

The Booking Money is collected by the Company via the Mobile Financial Service, bKash. You are asked to pay the booking money within 30 minutes after the passenger pays their booking money. Failure to do so will be considered as a trip cancellation from your end, and thus your usage of the service might be terminated or suspended depending on the discretion of the Company. 

In case, the other party (the Passenger) cancels their trip after you have paid your Booking Money, you will be refunded the same amount at the same bKash phone number that you used to pay the Booking Money to U-Turn.

The calculated fare is based on the ride’s distance and duration. Once the fare is settled and mutually agreed upon by the user and driver, any subsequent changes in the fare will not be the responsibility of the company.

The Company reserves the right to offer promotional deals with varying features and rates to any Passengers or Customers, and these promotions will be applied accordingly. The Service Fee may be determined or modified by the Company at its absolute discretion, as it deems necessary or appropriate for its business

8. PAYMENT BY PASSENGERS

U-Turn provides a digital car rental platform that enables passengers to find cars for intercity travel and car owners to offer their rental services. Passengers can request trips through the Platform, and car owners can view these requests and submit bids. U-Turn collects an advance payment of BDT 250 from passengers to accept the chosen bid and confirm the trip. Similarly, car owners must pay an advance amount of BDT 250 to confirm their agreement to provide the rental service. Passenger and Owner each pay this advance booking money of BDT 250 to U-Turn via the Mobile Financial Service bKash only. This amount will be deducted from the agreed bid amount, and the remaining amount will be paid by passenger to the car driver or car owner in cash or any other agreed method, on trip completion.

Any complaints regarding the transportation provided by you, made by the Passenger or Customer, shall be directly addressed to you.

The Company reserves the right to suspend the processing of any transaction if there is a reasonable belief that the transaction may involve fraud, illegal activity, or any criminal behavior, or if the Passenger or Customer is found to be in breach of the Terms and Conditions between them and the Company. In such a situation, you acknowledge that the Company cannot be held responsible for withholding, delaying, suspending, or canceling any payment to you.

You agree to cooperate with the Company in any criminal investigation if required and to assist the Company in adhering to internal investigations, authorities’ instructions, or the requirements of applicable laws and regulations. The Company facilitates a bidding system where car owners can submit fare bids for trips requested by passengers. Passengers can choose the most suitable bid and confirm the trip by making an advance payment of BDT 250 to U-Turn. Since car owners will bid their desired fare on the trip requests, the trip fare can vary between 50%-90% of the normal market fare. However, since multiple bids will be received on one trip request, passengers can choose the cheapest bid that is suitable for them.

9. RETURN AND REFUND POLICY

Passenger Refund: U-Turn will refund the booking money to passengers in the following scenarios:

  • If the car owner fails to confirm their bid by paying the booking money to U-Turn.
  • If the car owner fails to confirm their bid by paying the booking money within 30 minutes of the passenger accepting the owner’s bid.
  • If the car owner fails to show up at the agreed pick-up location.
  • If the car owner cancels the trip after paying the booking money to U-Turn.

Owner Refund: U-Turn will refund the booking money to car owners if the passenger cancels their trip after paying the booking money to U-Turn.

10. TAXES

You acknowledge and agree that this Agreement is subject to all applicable statutory taxes, duties, fees, charges, and costs, regardless of their denomination, both presently enforced and those that may be introduced in the future. Additionally, you commit to exert your best efforts in fulfilling all obligations required by relevant laws to enable, assist, and defend the Company in claiming or verifying any input tax credit, set off, rebate, or refund related to the taxes paid or payable for the Services provided under this Agreement.

11. CONFIDENTIALITY

You shall maintain in confidence all information and data relating to the Company, its services, products, business affairs, marketing and promotion plans, or other operations of the Company and its associated companies that are disclosed to you by or on behalf of the Company (whether orally or in writing and whether before, on or after the date of this Agreement) or which are otherwise directly or indirectly acquired by you from the Company, or any of its affiliated companies, or created in the course of this Agreement. You shall further ensure that you only use such confidential information in order to perform the Services, and shall not without the Company’s prior written consent, disclose such information to any third party nor use it for any other purpose except for providing services under this agreement. You shall only disclose such information to such officers, employees, and agents as need to know it to fulfill your obligations under this Agreement.

The above obligations of confidentiality shall not apply to the extent that you can show that the relevant information: was at the time of receipt already in the Recipient’s possession; is, or becomes in the future, public knowledge through no fault or omission of the Recipient; was received from a third party having the right to disclose it; or is required to be disclosed by law.

12. 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 with 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”):

  1. To perform the Company’s obligations in respect of any contract entered into with you;
  2. To provide you with any services pursuant to the Terms and Conditions herein;
  3. To process your participation in any events, promotions, activities, focus groups, research studies, contests, promotions, polls, surveys, or any productions and to communicate with you regarding your attendance thereto;
  4. Process, manage, or verify your application for the Service pursuant to the Terms and Conditions herein;
  5. To validate and/or process payments pursuant to the Terms and Conditions herein;
  6. To develop, enhance, and provide what is required pursuant to the Terms and Conditions herein to meet your needs;
  7. To process any refunds, rebates, and/or charges pursuant to the Terms and Conditions herein;
  8. To facilitate or enable any checks as may be required pursuant to the Terms and Conditions herein;
  9. To respond to questions, comments, and feedback from you;
  10. To communicate with you for any of the purposes listed herein;
  11. For internal administrative purposes, such as auditing, data analysis, and database records;
  12. For purposes of detection, prevention, and prosecution of crime;
  13. For the Company to comply with its obligations under law;
  14. To send you alerts, newsletters, updates, mailers, promotional materials, special privileges, and festive greetings from the Company, its partners, advertisers, and/or sponsors;
  15. To notify and invite you to events or activities organized by the Company, its partners, advertisers, and/or sponsors;
  16. To share your Personal Data amongst the companies within the Company’s group of companies comprising the subsidiaries, associate companies, and/or jointly controlled entities of the holding company of the group (“the Group”) and with the Company’s and Group’s agents, third-party providers, developers, advertisers, partners, event companies or sponsors who may communicate with you for any reasons whatsoever.

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 email address, telephone number, or payment details or if you wish to cancel your account, please update your details by sending your request to the support contact details as provided in the Application. The company will, to the best of our abilities, effect such changes as requested within fourteen (14) working days of receipt of such notice of change.

By submitting your information, you consent to the use of that information as set out in the form of submission and in this Agreement.

13. THIRD-PARTY INTERACTIONS

During the Service tenure, you may enter into correspondence with, provide services to, or participate in promotions of third-party providers, advertisers, or sponsors showing their goods and/or services through the Service, Software, and/or Application. Any such activity, and any terms, conditions, warranties, or representations associated with such activity, is solely between you and the applicable third party. The Company and its licensors shall have no liability, obligation, or responsibility for any such correspondence, purchase, transaction, or promotion between you and any such third- party. The Group does not endorse any applications or sites on the Internet that are linked through the Service, Application, and/or the Software, and in no event shall the Company, its licensors, or the Group be responsible for any content, products, services or other materials on or available from such sites or third party providers. The Company provides the Service to you pursuant to the Terms and Conditions. You recognize, however, that certain third-party providers of transportation, goods, and/or services may require your agreement to additional or different terms and conditions prior to your use of or access to such goods or services, and the Company is not a party to and disclaims any and all responsibility and/or liability arising from such agreements between you and the third-party providers.

14. INDEMNIFICATION

By agreeing to this Agreement for providing the Service, you agree that you shall defend, indemnify and hold the Company, its licensors and each such party’s parent organizations, subsidiaries, affiliates, officers, directors, members, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with: (a) your violation or breach of any term of this Terms and Conditions or any applicable law or regulation, including any local laws or ordinances, whether or not referenced herein; (b) your violation of any rights of any third party, 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; and (d) your ownership, use or operation of a motor vehicle or passenger vehicle, including your carriage of Passengers or Customers who have procured your transportation services via the Service, or of their goods.

15. DISCLAIMER OF WARRANTIES

THE COMPANY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICES, APPLICATION AND/OR THE SOFTWARE. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SERVICE, APPLICATION AND/OR THE SOFTWARE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIALS PURCHASED OR OBTAINED BY YOU THROUGH THE APPLICATION WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS IN THE APPLICATION AND/OR THE SOFTWARE WILL BE CORRECTED, OR (F) THE APPLICATION OR THE SERVER(S) THAT MAKE THE APPLICATION AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (G) THE APPLICATION AND/OR THE SOFTWARE TRACKS YOU OR THE VEHICLE USED BY THE TRANSPORTATION PROVIDER. THE SERVICE IS PROVIDED TO YOU STRICTLY ON AN “AS IS” BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, ARE HEREBY EXCLUDED AND DISCLAIMED TO THE HIGHEST AND MAXIMUM EXTENT.

THE COMPANY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE AS TO THE RELIABILITY, SAFETY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF ANY SERVICES, INCLUDING BUT NOT LIMITED TO THE TRANSPORTATION SERVICES PROVIDED BY YOU TO CUSTOMERS OR PASSENGERS THROUGH THE USE OF THE SERVICE, APPLICATION AND/OR THE SOFTWARE. YOU ACKNOWLEDGE AND AGREE THAT THE ENTIRE RISK ARISING OUT OF SUCH USE OF THE SERVICES REMAINS SOLELY AND ABSOLUTELY WITH YOU AND YOU SHALL HAVE NO RECOURSE WHATSOEVER AGAINST THE COMPANY.

16. INTERNET DELAYS

THE SERVICE, APPLICATION AND/OR THE SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS INCLUDING THE DEVICE USED BY YOU BEING FAULTY, NOT CONNECTED, OUT OF RANGE, SWITCHED OFF OR NOT FUNCTIONING. THE COMPANY IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, DAMAGES OR LOSSES RESULTING FROM SUCH PROBLEMS.

17. LIMITATION OF LIABILITY

ANY CLAIMS AGAINST THE COMPANY BY YOU SHALL, IN ANY EVENT, BE LIMITED TO 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. IN NO EVENT SHALL THE COMPANY AND/OR ITS LICENSORS BE LIABLE TO YOU OR ANYONE FOR ANY DIRECT, INDIRECT, PUNITIVE, ECONOMIC, FUTURE SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES OR LOSSES OF ANY TYPE OR KIND (INCLUDING PERSONAL INJURY OF ANY KIND WHATSOEVER INCLUDING LOSS OF LIFE OR LIMBS OR SERIOUS HARM OF ANY KIND WHATSOEVER, EMOTIONAL DISTRESS AND LOSS OF DATA, GOODS, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE). THE COMPANY AND/OR ITS LICENSORS SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR INJURY WHICH MAY BE INCURRED BY OR CAUSED TO YOU OR TO ANY PERSON FOR WHOM YOU HAVE BOOKED THE SERVICE FOR, INCLUDING BUT NOT LIMITED TO LOSS, DAMAGE OR INJURY ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE SERVICE, APPLICATION AND/OR THE SOFTWARE, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE SERVICE, APPLICATION AND/OR THE SOFTWARE, ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY CUSTOMER, PASSENGER OR THIRD PARTY APPLICATION AND/OR THE SOFTWARE, EVEN IF THE COMPANY AND/OR ITS LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

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.

SIMILARLY, AND IN ANY EVENT, THE COMPANY SHALL NOT BE HELD RESPONSIBLE OR LIABLE IN ANY MANNER WHATSOEVER FOR ANY DAMAGE, INJURIES, LOSSES OF ANY KIND WHATSOEVER SUFFERED BY YOU, EITHER DIRECTLY OR INDIRECTLY, BY THE ACTION OR OMISSION OF A PASSENGER OR A CUSTOMER. 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 IN PARAGRAPH 5 ABOVE.

18. OPTIONAL INSURANCE PREMIUM

At your sole discretion, you may opt to reap the benefits of the Company’s good relation with insurance companies and secure an optional insurance coverage against damages to your vehicle or injuries to yourself and others, at such premium and conditions as the Company offers from time to time. In the event that you opt for such an option, the relevant insurance premium shall be forthwith paid to the Company by you in addition to the aforesaid Service Fees for the use of the Company’s Software, Application, and/or Service.

19. NOTICE

The Company may give notice by means of a general notice on the Application, electronic mail to your email address in the records of the Company, or by written communication sent by Registered mail or pre-paid post to your address in the records 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.

20. ASSIGNMENT

The agreement as constituted by the terms and conditions as modified from time to time may not be assigned by you without the prior written approval of the Company but may be assigned without your consent by the Company. Any purported assignment by you in violation of this section shall be void.

21. MISCELLANEOUS

This Agreement shall be governed by the law of your own country, without regard to the choice or conflicts of law provisions of any jurisdiction, and any disputes, actions, claims, or causes of action arising out of or in connection with this Agreement or the Service shall be subject to the exclusive jurisdiction of the courts of your own country subject to the exhaustion of mandatory adherence and compliance of procedure for Arbitration provided hereinafter first. Besides, you will also be bound by applicable laws, rules and regulations of the country of origin of the company where it is registered to the extent it is applicable and consistent with the laws and regulations of your local territorial jurisdiction pursuant to the bilateral treaty, international business and commercial laws.

Furthermore, in the event that the law in your own Country does not allow jurisdiction to be that of the courts of the country of origin of the Company where it is registered provided that where the judgment of such court is unenforceable in your own country and territory, unresolved disputes shall be referred to the Bangladesh International Arbitration Centre (“BIAC”), in accordance with the Rules of the BIAC as modified or amended from time to time (the “Rules”) by a sole arbitrator appointed by the mutual agreement of the parties (the “Arbitrator”). If parties are unable to agree on an arbitrator, the Arbitrator shall be appointed by the President of BIAC in accordance with the Rules.

For the purpose of this agreement and the provision of Arbitration provided hereinbefore, the seat and venue of the arbitration shall be at Dhaka, in the English language and the fees of the Arbitrator shall be borne equally by the parties, provided that the Arbitrator may require that such fees be borne in such other manner as the Arbitrator determines is required in order for this arbitration clause to be enforceable under applicable law.

Provided that, at the discretion of U-Turn the Arbitrator as well as the place of Arbitration can be changed for the effective and prompt resolution of issues, disputes, etc under this agreement.

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.

If any provision of the Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. This shall, without limitation, also apply to the applicable law and jurisdiction as stipulated above.

The failure of the Company to enforce any right or provision in the Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by the Company in writing. The Agreement comprises the entire agreement between you and the Company and supersedes all prior or contemporaneous negotiations or discussions, whether written or oral (if any) between the parties regarding the subject matter contained herein.

You hereby agree that the Company is entitled to terminate this Agreement immediately in the event that you are found to be in breach of any of the terms stipulated in this Agreement. For the avoidance of doubt, the termination of this Agreement shall not require the Company to compensate, reimburse or cover any cost incurred by you, including but not limited to the credit reserved with the Company or any other monies paid to the Company in the course of performing your obligations under this Agreement.