Terms & Condition
1. INTRODUCTION
HAZI COURIER is a company incorporated under the laws of Bangladesh,
and offers diversified pick-up and delivery services with a focus on e-commerce transactions.
This agreement (“Agreement”) is an electronic contract between You and HAZI COURIER,
and outlines the terms on which HAZI COURIER will provide services to You.
You accept that clicking the “I agree” button, and subsequently accessing and using
HAZI COURIER services, constitutes an express acceptance of this electronic contract between HAZI COURIER and Yourself.
2. OPPORTUNITY OF DELIVERY SERVICE
May access and use any one of the following services provided
# Delivery of goods from client to client, which may include logistics for the collection of consignment goods from the client's designated place which facilitates the client and
HAZI COURIER delivers the client to the client at the end of the pilgrimage.
# Collection of products from client's customers and delivery to client's designated address (reverse pickup)
# Cash handling for delivery which includes cash collection while delivering goods to customers (COD service)
A list of pin codes for the regions served by Hazi Courier is provided with Schedule 2, along with the time frame for which fulfillment services for that area will be completed. Hazi Courier will only provide perfection services for this specific location. Hazi may, at any time and at its own discretion, update the list of serviceable areas without prior notice to the client.
3. CLIENT LIABILITY
The Client shall ensure that the packaging of the Products is safe, proper and adequate to withstand the normal transportation and environmental hazards,
along with the necessary invoices and documentation, and in compliance with applicable laws.
The client will ensure that the goods for delivery are ready for pick-up at the pick-up time fixed by the Haji Courier staff,
otherwise the Haji Courier staff will not wait more than 5minutes at your place and you may be charged the required fee
The Client shall ensure that the goods inside the package match the description of the goods on the outer packaging / documentation, and that proper,
true, fair, correct and factual declarations are made on the docket regarding description and value of products / goods handed over for the Fulfilment Services.
The Client shall not book/handover or allow to be handed over any Product to Hazi Courier (or its fulfilment personnel) which is banned,
restricted, illegal, prohibited, stolen, infringing of any third-party rights, hazardous or dangerous or in breach of any tax laws currency, bullion,
letters and financial and security instruments (“Banned Goods”).
Where requested by Hazi Courier, the Client shall, at its own cost, provide forecasting reports,
in the format and at the frequencies suggested by Hazi Courie, which forecast the potential requirement of Fulfilment Services by the Client.
In addition, from time to time, Hazi Courier may request additional information to be provided by the Client on an ad hoc or periodic basis,
which may relate to the nature and volume of the consignments for which the Client shall require Fulfilment Services.
Any dispute to be raised by the Client with regard to the Fulfilment Services provided by must be raised within a period of 10 (ten) days
from the conclusion of the Forward Leg Delivery or Return, the Conclusion Point determined in accordance under the section Hazi Courier liability,
paragraph 5, failing which the Client shall be barred from subsequently raising such a dispute.
4. HAZI COURIER LIABILITY
Hazi Courier will provide perfection service with reasonable skill and care and in accordance with applicable law.
Hazi Courier will be solely responsible for selecting, hiring,
hiring and supervising its complementary staff to ensure the provision of complementary services in accordance with the terms of this Agreement.
Hazi Courier will be solely responsible for the payment of salaries, wages and other statutory payments to its complementary staff,
including limitations except for contributions and gratuities of the Provident Fund, and no liability to the client.
If a client objects to the conduct or performance of a Haji Courier Supplementary Staff, Haji Courier will investigate the matter and,
where it deems it appropriate, at its own discretion, ensure that such Supplemental Staff will not serve the Client. Either way; Provided, however,
that there shall be no obligation under the applicable law to take any further action in this regard other than compulsory.
Hazi Courier will confirm that:
After successfully delivering a package to the client's customer, an SMS notification is sent to the client's customer
It is agreed that the time of delivery of such SMS shall be the termination of the Service ("Conclusion Point") and in the absence of any
valid dispute raised by the Client, Will be the final proof.
Cash remittances collected as part of the COD service to the client's designated account may be agreed upon by the customer by Hazi Courier every Sunday to Thursday,
via bank account transfer or via BKASH.
5. RIGHTS OF HAZI COURIER
Hazi Courier reserves the right to use by its employees, to refuse any product or package offered by the client, to notify the client for any reason,
including the following
Inadequate packaging
Lack of invoice or required paperwork
Areas to be supplied are not listed
Provisions of prohibited products
The price of the product exceeds certain thresholds, and the lack of insurance cover on the product
Hazi Courier may withhold and terminate any money collected from the customer and any arrears collected from the customer,
which are due outside the due date of the payment prescribed under the Fees section. And payment terms para 3
6. REPRESENTATIONS AND WARRANTIES
Hazi Courier hereby represents, warrants and assures that:
# It has full power, absolute authority and is competent to provide the Fulfilment Services and fulfil its obligations under this Agreement, including necessary licenses,
permits and approvals under applicable law; and It employs and maintains sufficient number of adequately trained personnel who will provide the Fulfilment Services.
The Client hereby represents, warrants and assures that:
# The following items with regard to the Client are in good order and in compliance with all applicable law and regulations:
the organization and standing; conduct of legitimate business activities, corporate power and authorization; governmental approvals;
proprietary information agreements with employees; and that there has been no restriction by any regulatory authority in conducting the business.
# It has all the requisite rights and licenses over the goods or any other content provisioned to Hazi Courier for undertaking of the Fulfilment Services,
and in furtherance to this the Client hereby assures Hazi Courier that such activity undertaken on behalf of the Client by Hazi Courier shall not violate any right / licenses of any third party.
# It shall ensure that the goods or any other content provided to Hazi Courier shall not contain any Banned Goods,
or material which is offensive / derogatory / explicit / perverse to any specific race, gender or class of persons or degrading to public conscience or morals,
and do not breach any applicable law in any manner.
# It shall ensure that it complies with all the regulatory requirements pertaining to all types of taxes, levies etc. (including but not limited to VAT,
service taxes, octroi, local body taxes, etc.) as applicable from time to time. The Client will be solely responsible for any penalties levied by any
regulatory authority due to non-compliance with the regulatory requirements by the Client.
# It shall be solely responsible for any confiscation/seizure/disposal of goods by any regulatory authority on account of any violation of the
law in respect of the goods or due to its failure to comply with the applicable regulatory requirements for the stocking, sale, or movement of such goods
during the provision of the Fulfilment Services by Hazi Courier, even if Hazi Courier has been advised of the same.
7. PAYMENT TERMS
The fee payable to Hazi Courier for the Fulfilment Services (“Fees”) shall be as set out in the Schedule to this Agreement.
The Client shall pay all applicable taxes on the Fees, and it is clarified that the amounts set out in the Schedule to this Agreement,
as the Fees for each component of the Fulfilment Services, are exclusive of taxes.
Hazi Courier shall issue invoice to the Client at end of each calendar month for the Fulfilment Services that have been rendered in previous month,
with the terms of this Agreement, which shall be paid by the Client within fifteen (15) days from the date of submission of the invoice.
The Client must provide notice of any dispute with regard to an invoice (or part thereof) submitted by Hazi Courier,
within 7 (seven) days of receipt of the invoice, failing which the invoice
shall be deemed to be undisputed and payable in full within the timeline set out in Clause 5.2.
8. INTEGRATIONS AND TECHNICAL SUPPORT
Hazi Courier shall provide an online administrative panel, on its website, for the use of the Client, to organize and communicate its requirements for Fulfilment Services, and oversee the execution of the same
The online tools and panels (“Hazi Courier Digital Resources”) that are provided by Hazi Courier to the Client are provided on an ‘as is’ basis, without any warranty of any kind including fitness for purpose, and any use or integration of the same made by the Client shall be at its own and sole risk.
All rights, title, interest and intellectual property in the Hazi Courier Digital Resources shall remain the sole and exclusive property of Hazi Courier, and the Client shall have only a limited, terminable, non-exclusive license to use the same for the term of this Agreement.
9. LIABILITY LIMITATIONS
Where an invoice of the client's goods / products, which is delivered to the client or the client's customer, in any case, for 30 days from the date of handing over to Hazi Courier, such invoice will be deemed "lost".
In the case of lost or damaged invoice in Forward Leg Delivery, where such loss or damage occurs due to fault of Hazi Courier staff after handing over the invoice to Hazi Courier, the client agrees that Hazi Courier liability will be limited to the invoice price or Rs.5000 (five thousand), whichever is less.
In case of lost invoice in reverse pick-up, the client agrees that Hazi Courier liability will be limited to the invoice value or Rs.5000 (five thousand), whichever is less; It is agreed that such liability will only exist in case of ‘lost’ and no liability for damaged shipment in case of reverse pick-up.
For lost or damaged invoices worth more than Rs 5,000 (five thousand),Hazi Courier will provide a scanned copy of the Certificate of Truth ("COF") within 10 (ten) working days of receiving a request from the client; Hazi Courier will not have any liability beyond Rs. 5,000 (five thousand), provided that the COF paid by Hazi Courier is not accepted by the customer's insurer, then Hazi Courier will pay a revised COF within 14 (fourteen) working days.
It is agreed that in no case shall Hazi Courier liability for any loss or damage occurring during forward leg delivery or reverse pick-up or any other event exceed Rs.
In any event or circumstance Hazi Courier will not be liable to the Client or to any person claimed under or under the Agreement, torture or otherwise for indirect, special, formal, imitative, punitive, or consequential damages of any kind, even if advised to do so. Possibility of loss
10. SCERECY
Both Parties shall keep confidential (and to ensure that its officers, employees, agents, affiliates and professional
and other advisers keep confidential) any Confidential Information. Both Parties shall not, and shall procure that none of their directors,
officers, employees, agents, affiliates or professional advisers shall not, use Confidential Information for any purpose other than for the provision of Delivery Services and for performance under this Agreement.
Confidential Information shall mean any and all technical and non-technical information, which either Party may have acquired before or after the date of this
Agreement in relation to the business and operations of the other Party, and any other information designated as confidential by a Party from time to time.
It is expressly clarified that the Hazi Courier Digital Resources are a part of Hazi Courier Confidential Information, and may not be disclosed to third parties by the Client.
11. COMPENSATION
Claims, actions, liabilities, costs, interest, damages and damages of any kind (the Client agrees to indemnify, protect and maintain (including all legal and other costs, charges and costs) for compensation, protection and maintenance. A) any wrong or negligent act or omission from the client or any person appointed by the client; (b) any breach of the client's obligations under this Agreement; (c) any third party action or claim made against the client; Violations of applicable law.The rights, powers, privileges and remedies granted in this compensation are increasing and not without any rights, powers, privileges or remedies provided by law.
12. MISCELLANEOUS
Assignment. Neither party shall grant any rights or obligations under this Agreement or under this Agreement without the prior
written consent of the other party and any such attempted appointment shall be revoked and revoked, provided that the Haji Courier shall be permitted
to grant any rights and obligations to the Client under this Agreement. Provides 2 (twenty four) hours prior written notice to any of its associates / group companies / subsidiaries.
Wages are forced. Event Party ("Prevented Party") Under this agreement, forced earthquakes, typhoons, floods, public noise, torrential rains, heavy winds,
storms or other acts of nature, fires, terrorist activities, terrorist acts, explosions, civilian Any necessary approval or permit, incident, riot, war,
plague, other epidemic, or other unforeseen event beyond the reasonable control of the Prevented Party ("Event Force Major"), shall notify the other party
without delay and for the next fifteen (15). Provide detailed information about such incidents within days and documents proving such incidents,
explain the reasons for its inability to implement or delay the implementation of all or part of it under this Agreement. Will not be liable for costs or
losses that the other party may incur due to performance failure or delay and such failure or delay will not be considered a breach of this Agreement.
The Resisted Team will take reasonable steps to minimize or remove the impact of an event on the Force Major and, in the shortest reasonable time,
will attempt to reintroduce the obligations delayed or prevented by the Force Major event.
Law and jurisdiction. This Agreement, its terms and conditions shall be construed and enforced and the rights and duties of the parties herein shall be governed by the laws of
Bangladesh and the courts of Dhaka shall have exclusive jurisdiction in any dispute
Consent. Each party here agrees that it shall comply with all applicable local laws, ordinances and codes in carrying out its applicable responsibilities.
If at any time during the term of this Agreement, a party is notified or information comes to its notice that it is or may be in violation of any law,
ordinance, regulation, or code (or if it is an order or decision from a court, tribunal or other authority) The party which has jurisdiction) shall
immediately take all appropriate steps to remedy such breach and shall comply with all such laws, regulations, ordinances or codes. In addition,
each party shall establish and maintain in a timely manner all appropriate records (in particular, but without limitation, accounting records)
required by any applicable law, practice code or corporate policy.
Intensity. If any one or more provisions of this Agreement are deemed invalid, invalid or enforceable for any reason, the remaining provisions of
this Agreement shall not be affected and the invalid, invalid or enforceable provisions (s) shall be substituted by a mutually acceptable provision (s),
which Legitimate, legal and enforceable, invalid, invalid or enforceable provisions (s) come close to the intent of the underlying parties.
SCHEDULE - 1 Fee Chart for Fulfilment Service
SCHEDULE - 2 Delivery Area List
Please click here to get the Delivery Area List of Hazi Courier