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OBHAI Terms & Conditions

For Passengers

Terms of Use

Please read these Terms of Use carefully. By using the Service (as defined below), you agree that you have read and understood the terms in these Terms of Use which are applicable to you. These Terms of Use constitute a legally binding agreement (“Agreement”) between you and Obhai Solutions Limited .(hereinafter referred to as “OBHAI”).

The Agreement applies to your use of the Service provided by OBHAI. If you do not agree to the Terms of Use please do not use or continue using the Application or the Service.

OBHAI may amend the terms in the Agreement at any time. Such amendments shall be effective once they are posted on https://www.OBHAI.com/terms.html or the Application. While OBHAI shall endeavor to notify you regarding the

OBHAI application

  • OBHAI will only provide the technology (Application/website) which shall act as a medium connecting the passengers with drivers and does not provide or engage in transportation services and the OBHAI itself is not a transportation provider. The application is intended to facilitate and offer your transportation services to the respective Passengers.

  • Where the Service is provided by a Driver, OBHAI’s role is merely to link the Passenger with such Driver. OBHAI is not responsible for the acts and/or omissions of any Driver and any liability in relation to such shall

  • Passenger may start to use the App in accordance with these Terms, after downloading the App, filling out the required areas for the registration, approving the mobile phone number and login with his/her password. The use of App is free of charge.

Terms of use For Passengers

Definitions

In these Terms of Use, the following words shall have the meanings ascribed below:

-“Application/App” means the relevant mobile application(s) made available for download by OBHAI to Users.

- “Authority (ies)” shall mean any any government authorities including law enforcement agencies.

- “Personal Data” is any information which can be used to identify you or from which you are identifiable. This includes but is not limited to your n nanionality, tationality, telephone number, bank and credit card details, personal interests, email address, your image, government-issued identification numbers, biometric data, race, date of birth, marital status, rel information, information, vehicle and insurance information; “Platform” means the relevant OBHAI technology platform, portal or website that, when used in conjunction with the Application, enables Passengers to request oraccess who provideerelevant or access “Service” and installation by OBHAI;

- “Passenger” and “User” means any person who uses the Application, Platform and/or Software to search for and obtain the Service

- “Driver” mean en s or charges that may be due who provideerelevant and Services to Passengers through the Application,

- “User Charges” shall mean charges incurred by Passengers for the use of the Service, including any applicable tolls, taxes and any other fees or charges that may be due for a particular use of the Service.

By using the Service, you represent, warrant / undertake that:

  • • You have legal capacity to enter into the Agreement and that you are at least eighteen (18) years old. You cannot enter into the Agreement if you are below eighteen (18) years old.

  • • If passenger wants to cancel his/her request, at this stage passenger shall immediately call the driver. Otherwise, passenger agrees to wait for the assigned OBHAI ride.

  • • Passenger agrees that all information provided by him/her during the application is true, accurate and up-to-date in all respects and at all times.

  • • You will only use the Application, Platform and Service for their intended and lawful purposes.

  • • You will keep your account password or any identification we provide you which allows access to the Service secure and confidential at all times.

  • • You agree to notify us immediately of any unauthorized use of your account or any other breach of security.

  • • You will not try to interrupt or harm the Service, Application and/or the Software and/or Driver in any way.

  • • You will not attempt to commercially exploit any part of the Application without our permission, including without limitation modify any of the Application’s content in any way, or copy, reproduce, publicly display, distribute or otherwise use or communicate them for any public or commercial purpose without our express written permission.

  • • You will not 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; You will provide us with whatever proof of iden ty or any or any other documents, permits, licenses or approva s or Personal Data which we or any Authority(ies) may reasonably request or require.

  • • You will not use the Application for sending or storing any unlawful material or for fraudulent purposes.

  • • You will not use the Application and/or the Software to cause nuisance or behave in an inappropriate or disrespectful manner towards OBHAI or any Third party or Driver.

  • • When using the Service, you agree to comply with all laws applicable to you and/or your use of the Service.

  • • You will not copy, or distribute the Software or other content without written permission from OBHAI.

  • • You will 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 OBHAI 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, OBHAI 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 which you are authorized to use.

  • • You agree that the Service is provided on a reasonable effort basis.

  • • You agree that your use of the Service will be subject to the OBHAI policies and terms and conditions as may be amended from time to time.

  • • You agree to assist OBHAI with any internal or external investigations as may be required by OBHAI in complying with any prevailing laws or regulations in place.

  • • You agree to assume full responsibility and liability for all loss or damage suffered by yourself, OBHAI or any other party as a result of your breach of this Agreement.

  • • You further acknowledge and agree that if the information on the number of passengers is untrue or inaccurate, the Driver is entitled to cancel your booking and you may be charged a Cancellation Fee, as per the Cancellation >

Conditions for using OBHAI application

  • • While OBHAI endeavors to provide accurate information please note that the given information (estimated time of arrival, the distance from the vehicle to the passenger, fare estimate etc.) are estimates based on available data. Thus OBHAI shall not be held liable und r any circumstances for any inaccuracy.

  • • If passenger wants to cancel his/her request, he/she at this stage passenger shall immediately call the driver. Otherwise, passenger agrees to wait for the assigned OBHAI ride and abide by the terms and conditions therein.

  • • In a case passenger does not wait for the assigned OBHAI ride or does not take the OBHAI ride without a valid reason, OBHAI authority has the right to give penalty or take necessary initiative against that passenger.

  • • Fare showed before the starting of the ride is an estimated fare. The actual fare would show only after the ride finishes.

  • • OBHAI reserves the right to suspend or terminate passenger’s access to app in case Passenger breaches the terms and conditions.

  • • Passenger agrees to use the App lawfully and properly and that he/she will be legally liable for any unlawful action using the App.

  • • Passenger agrees that he/she is responsible with regard to safety, storage, protection of system access tools (username, password etc.). The Passenger shall wear the helmet provided with the buckle secured or wear seat-belt >

Other Conditions

  • • Passenger is liable to pay the full cost of the fare. Inability of the Passenger to pay may lead to the suspension of use of the App without prejudice to other lawful steps.

  • • Passenger is also liable to pay any User charges such as bridge toll, road toll and bus terminal toll, if applicable. Passenger cannot be charged for any unauthorized payment done by driver (e.g. traffic violation fines).

  • • Passenger agrees not to cause any damage to the Driver’s vehicle.

  • • Passenger may inform OBHAI through complaints section in regard to the complaints about the assigned drivers, however OBHAI cannot be held liable in any manner for the drivers’ behaviors. The App is only a technological form that brings drivers and Passengers together. OBHAI investigates complaints, if any. If the Driver is found guilty then OBHAI takes necessary action including without limitation to necessary warnings to dri driversvers e the drivers who repeatedly misbehave.

  • • Passenger agrees not to misuse the Services offered by OBHAI.

  • • In case a passenger cannot be benefited from the Services or avail the Service due to technical or natural difficulties, OBHAI cannot be liable for it and no claim shall be raised against OBHAI.

  • • OBHAI cannot be liable either directly or indirectly for any unlawful transaction by the passenger including contrabands, narcotics or any illegal items.

  • • Passengers are prohibited from uploading any disturbing or abusive or illegal profile picture.

  • • Neither OBHAI nor drivers are responsible for the items left in a vehicle after a ride ends. OBHAI will provide reasonable effort in tracking down and locating the items, however, cannot guarantee that a driver has the the the themimmediately return it to the passenger. Should the item be successfully located and acknowledged by to the passenger. Should the item be successfully located and acknowledged by the driver of being

  • • Under any circumstance no OBHAI personnel are bound to disclose any Passenger information, things can only be considered if any legal or critical issue turns up.

  • • There is no additional charge for OBHAI helpline. However, passenger should be aware that they may be charged by their mobile telephone network provider for any message, email, phone or other communication.

  • • OBHAI reserves all rights to decide the conversion rate of ObhaiMiles™ at any point of time and not liable to inform to any parties if changes occurred.

  • • Passengers also receive promotional/ marketing messages from OBHAI via any of the forms of communication, which they agree to receive. If anyone wants to stop receiving such promotional/ marketing messages, then they

  • • OBHAI reserves all rights to process any claim or transaction by Passenger. Successful claim will be refunded through special discount coupon/offer whichever OBHAI deems appropriate.

This Terms of Use shall be governed by Bangladesh law, 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 Terms of Use or the Service 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 you and OBHAI (the “Arbitrator”). If you and OBHAI are unable to agree on an arbitrator, the Arbitrator shall be appointed by the President of BIAC in accordance with the Rules. The seat and venue of the arbitration shall be Dhaka, in the English language and the fees of the Arbitrator shall be borne equally by you and OBHAI, 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.