Customer Terms & Conditions
SONAR COURIER CUSTOMER SERVICE AGREEMENT
Your access to and use of the Service provided by Sonar Courier Service Ltd. (“SonarCourier”, “we”, “our” or “us”) is subject to the following terms and conditions (“Terms”):
1. Overview of Terms:
Sonar Courier provides an on-demand mailing operator & courier service (the “Service”) which can be booked via our website at www.sonarcourier.com (the “Website”) by our customers (“Customers”, “you” or “your”). These Terms set out the terms and conditions under which we agree to provide our Service to you.
2. Acceptance of Agreement:
2.1 Access to the Service is offered to you, conditional upon your acceptance without modification of all these Terms, including any other conditions and notices set out on the Website, which together form a legally binding agreement between us and you in relation to the provision of the Service to you (the “Agreement”, as varied from time to time). Your use of the Service indicates your acceptance of this Agreement. If you do not accept the Agreement, you are not authorized to use the Service and you must refrain from using the Service. Also, to the extent that anything in these Terms is different from content available on the Website, the provisions in these Terms shall prevail.
2.2 In entering into this Agreement, you further agree that Sonar Courier reserves the right to sub-contract the performance of all or any of the Service and any protections or terms in this Agreement applying in favour of Sonar Courier (including without limitation, limitation of liability and indemnity) shall extend to any such sub-contractor.
3. Commencement Date:
The Agreement begins on the date you register to use the Service. In registering to use the Service, you will be provided with an account to enable you to access the Service (“User Account”).
4. Amendment of Agreement:
Sonar Courier reserves the right at any time, at SonarCourier’s sole discretion, to change or otherwise modify the Agreement in accordance with the Terms, with 30 days notice. You should also check the Website from time to time so you are aware of any changes. Your continued access or use of the Service signifies your acceptance of the updated or modified Agreement.
5. How to order the Service:
5.1 You may book the Service by making an order on the Website when you are logged into your User Account. You will be required to enter:
(a) a description of the item(s) to be couriered (the “Consignment”), including its quantity and weight;
(b) the pick-up address, being the address from which our courier will collect up the Consignment, and the full name of the person who is authorized to provide our courier with the Consignment at the pick-up address (the “Authorized Sender”);
(c) the drop-off address, being the address to which our courier is required to deliver the Consignment, and the full name of the person or company to whom the Consignment is to be delivered (the “Authorized Recipient”); and
(d) the earliest time at which the Consignment will be available for collection at the pick-up address (“Pick-Up Time”) and the approximate time that you would like our courier to deliver the Consignment to the drop-off address (please note that if no time is provided to us, we will simply arrange for the delivery to be completed at a time convenient to us).
5.2 Once you have entered the required details for the particular order, you can get a quote for the Service. If you choose to accept the quote and order the Service at the quoted price, your order will then be confirmed (“Order”).
6. Overview of Service:
After you have made an Order, a Sonar Courier courier will endeavour to arrive at the specified pick-up address at or soon after the Pick-Up Time. Once the courier arrives at the pick-up address, the courier will require a signature from the Authorized Sender, and the courier may photograph the Consignment. You will be able to track the delivery of the Consignment via your User Account or via the Website using the tracking number provided to you upon making the Order. When the courier arrives at the drop-off address, the courier will require a signature from the Authorized Recipient (please note that our couriers may also leave the Consignment with anyone at the drop-off address who represents that they are authorized to take delivery of the Consignment on behalf of the Authorized Recipient), and the courier may again photograph the Consignment.
7.1 You warrant that in relation to using the Service in respect of a Consignment, that you have lawful authority to authorize Sonar Courier to collect, transport and deliver the Consignment in accordance with the details of the relevant Order and the terms of this Agreement.
7.2 You warrant that each Consignment for which you make an Order, including any packaging, will not cause damage or injury to any person or property in the course of the ordinary carriage, storage and transportation of such Consignment.
7.3 You acknowledge and accept that it is your sole responsibility to arrange for any insurance for any loss or damage to the Consignment independently, including any loss or damage arising out of a delay in the collection or delivery of the Consignment or in connection with the storage of the Consignment during transit, and that Sonar Courier does not offer any insurance in relation to the loss or damage to your Consignment.
7.4 You agree to ensure that each Consignment (and its packaging) must not weigh more than 30 kilograms.
7.5 You agree that you shall not make any Order or otherwise permit a Consignment to be couriered using our Service in respect of Consignments which:
(a) are people animals or other living creature of any kind;
(b) are stolen or illegal items or which you do not know are not stolen or illegal items;
(c) are fragile or perishable;
(d) are valuable items in the value exceeding Tk. 10,000 including without limitation precious stones, metals, watches, jewellery, furs, china, art, antiques, prescription drugs, money, vouchers, travellers cheques, bearer bonds, bills of exchange, promissory notes, bank, credit, pre-pay or other store cards with a cash equivalent value, spirits, tobacco and cigarettes;
(e) are noxious, flammable, corrosive, poisonous, explosive or other dangerous items, including items that have been deemed or defined as dangerous under any laws or regulations;
(f) are or contain illicit drugs, fireworks, weapons of any description or firearms;
(g) are hazardous regardless of whether the risk of such hazard can be reduced or controlled if the item is handled or packaged properly;
(h) are or contain chemicals, gasses, poisons or toxins, toxic waste, radioactive materials, organic peroxides, oxidizing substances, bacteria, viruses, infectious or biological substances, human tissue or any other living organisms and specimens; or
(i) are otherwise unlawful.
7.6 You acknowledge that SonarCourier’s couriers have no authority to bind Sonar Courier in any way and you must not seek to agree with our couriers any additional or alternative terms or conditions to those contained in this Agreement.
8. Service Fee:
Once you enter the required details to make an Order, we will provide you with the Service Fee payable to Sonar Courier for the Service. Your Customer Account will be debited for the amount of the Service Fee. The Service Fee is inclusive of VAT.
9.1 If you choose to make the Order, by providing us with your credit card details to pay the Service Fee, Sonar Courier reserves the right to use such credit card details to process payment of the Service Fee until the payment has been successfully made. You acknowledge that you are solely responsible for any charges or fees associated with insufficient funds or any other such charge relating to the processing or collection of payments. Sonar Courier reserves the right to retain any credit card details that you provide to us for the purposes of this Agreement, including to process any future payment of fees from you.
9.2 Nothing prevents us from taking any action necessary to recover any unpaid Service Fees. We are entitled without express authorization from you to recover any and all costs incurred by us in recovering unpaid Service Fees from you, including debt collection costs, commissions, legal fees and any out of the pocket expense.
9.3 The Service Fee and any other sums due to Sonar Courier under this Agreement must be paid without deduction, set-off or counterclaim.
We shall wait for a maximum of 10 minutes at both the pick-up address and the drop-off locations. You acknowledge and accept that if, after 10 minutes, the Authorized Sender or Recipient, as applicable, is not physically present at:
(a) the pick-up address: the Sonar Courier courier will be entitled to leave the pick-up address and the Service Fee will not be refunded to you; or
(b) the drop-off address: the Sonar Courier courier will return the Consignment to the pick-up address and leave it with the Authorized Sender, or such other person who represents that they are authorized to receive the Consignment, at a time convenient to the courier, and the Service Fee will not be refunded to you and we will charge you additional fees for the process, including for the return trip made by the courier (such additional fee will normally be equivalent to the amount of the Service Fee for such Order and you agree to such additional amount being charged to your credit card) and any expenses incurred to store the Consignment prior to its return.
11. Your Obligations:
You acknowledge and agree that:
(a) any information that you provide to Sonar Courier when registering your User Account, will be complete and, accurate, and you agree to ensure that the information contained in your User Account is maintained up-to-date;
(b) any information that you provide to Sonar Courier in using the Service, whether orally or in writing, will be complete, reliable, accurate and valid, and additionally, in respect of information relating to another person (such as the contact details of the intended recipient of a Consignment), you will have obtained the express permission or consent from that person before providing their information to us;
(c) you will provide complete and accurate details in relation to a Consignment (such details must include the matters set out in clause 5 (How to book the Service);
(c) once you make an Order, you must ensure that the Consignment is ready for pick-up from the pick-up address immediately (or at least 15 minutes before the time in which you have specified to us that the Consignment will be ready for pick-up);
(d) you must arrange acceptance of the Consignment at the drop-off address in accordance with the details you submitted and in accordance with these Terms;
(e) you shall ensure that the Authorized Signatory and Recipient respectively will be physically present at the pick-up address and the drop-off address and that they are ready and able to provide a signature to us as evidence of pick-up and drop-off;
(f) you must ensure that the Consignment is suitable and safe to be carried, stored and transported, having regard to the nature of the Consignment;
(g) you must ensure that the Consignment is firmly secured and packaged, and properly labeled, in a manner that is appropriate having regard to the nature of the Consignment, and that you have complied with all laws and regulations relating to the consigning, labeling, packaging, carriage, storage and delivery of the Consignment;; and
(h) you must permit (and instruct any other relevant person or company to allow) our couriers to inspect the Consignment (including the removal of any labels or packaging) and provide any necessary assistance in that respect if our couriers deem it necessary to ensure that the transport of the Consignment complies with this Agreement.
12. Our Obligations:
12.1 Subject to your performance and observance of the terms and conditions of this Agreement in relation to each Consignment, Sonar Courier agrees to provide the Service to you in respect of each such Consignment in accordance with this Agreement.
12.2 Sonar Courier reserves the right to provide the Service to you in any manner it deems appropriate and convenient, including the choice of delivery routes or delivery modes.
13. User Account:
13.1 In order to use the Service you must create a User Account and agree to provide any personal information requested by SonarCourier. In particular, you will be required to provide your first name, last name, title, business/residential address, valid telephone number and email address.
13.2 You agree and accept that:
(a) all of the information you provide to Sonar Courier when setting up your User Account and at any other time will be true, complete and accurate in all respects;
(b) any information supplied to Sonar Courier or posted on the Website in connection with use of the Service (including details of a Consignment), will be true, accurate and complete;
(c) you will safeguard your User Account information (including passwords and identification details) and will supervise and be completely responsible for any use of the User Account by anyone other than you; and
(d) you are over the age of 18 and you possess the legal authority to enter into this Agreement and to use the Service in accordance with this Agreement.
13.3 Sonar Courier will not be liable to you in the event that any information provided by you is incomplete, inaccurate, misleading or fraudulent.
13.4 Unless expressly agreed by SonarCourier, you are limited to one User Account. No User Account may be created on behalf of or in order to impersonate another person.
14.1 Sonar Courier may terminate your User Account, this Agreement and your access to the Service, at any time and without prior notification if it considers, in its sole opinion, that you have breached any aspect of this Agreement. If Sonar Courier exercises its right of termination under this clause 14, you must not sign up for another User Account and must cease using the Service immediately.
14.2 Upon termination of this Agreement, Sonar Courier will have no further obligation to and will cease to, provide the Service to you, and you will pay to Sonar Courier any fees and charges owing under this Agreement.
14.3 The respective accrued rights, obligations and remedies of Sonar Courier and the Customer are not affected by the termination of this Agreement.
16. Loss or Damage to Consignment:
16.1 In the event that a Consignment is damaged in transit between the pick-up address and the drop-off address, you agree to keep and show us evidence of such damage and the likely value of replacement or repair of the Consignment as relevant.
16.2 If you can provide us with satisfactory evidence that the Consignment was materially damaged or lost in transit between the pick-up address and the drop-off address and the evidence shows that:
(a) such material damage or loss was due to a direct act or omission of our couriers; and
(b) there has been no breach of this Agreement by you,
you may submit a claim to us, by emailing email@example.com, for the repair or replacement of the Consignment. However, you acknowledge and agree that our liability to you under this clause 16 in respect of the Consignment is always subject to the following conditions:
(i) our liability for the repair or replacement of any Consignment (that is, anyone delivery booked by you via the Service) will be limited to a value of $300 regardless of the actual value of the Consignment or the actual cost of repair or replacement;
(ii) our satisfaction that the courier’s act or omission which caused the damage or loss was not reasonable in all the circumstances (e.g. an act or omission may be reasonable if it was done as part of a reflex action or if it is done in response to an immediate threat of harm or danger to any person or property);
(iii) allow us reasonable time to investigate and process your claim;
(iv) when submitting a claim, you must also provide us with satisfactory evidence of the value of the Consignment and the cost of repair or replacement of the Consignment; and
(v) any evidence provided to us in relation to the damage or loss of the Consignment, or the value or cost of repair or replacement of the Consignment, will always be conditional on our satisfaction that the evidence is complete, reliable, accurate and valid.
16.3 Any claims under this clause 16 must be made within 7 days of the earlier of the delivery or return of the Consignment, or when you first became aware of the loss or damage to the Consignment occurring.
16.4 Notwithstanding clause 16.2 above, Sonar Courier is not responsible for any loss or damage caused as a result of any of the following:
(a) provision of the Service, including the delivery of the Consignment, at times outside any times that you indicate to us that you would like the Service to be provided, including approximate times for pick-up and drop-off of the Consignment; or
(b) provision of the Service in accordance with (or not in accordance with) any special instructions that you may have given to us (or our couriers), whether orally or in writing,
unless we (excluding our couriers) have expressly undertaken to you in writing that we will be so responsible. In the event we undertake to be so responsible, our liability for any loss or damage caused to you as a result of our breach shall be limited to a refund in accordance with clause 17.1 below.
16.5 For the avoidance of doubt, the matters in this clause 16 do not apply to losses or damages suffered by you as a result of the delay in the provision of the Service by us, including the late or non-delivery of the Consignment.
17. Refund and Liability
17.1 You have the right to request a refund of the Service Fee from Sonar Courier if the courier fails to attend the pick-up address or deliver the Consignment to the drop-off address, other than arising due to a breach of this Agreement by you. It is in SonarCourier’s sole discretion whether to refund the Service Fee. Please raise any concerns and make any requests for refund to firstname.lastname@example.org.
17.2 Sonar Courier shall have a general lien over each Consignment for all fees and charges due or falling due to it by you in respect of your use of the Service. Sonar Courier will not release such lien until all outstanding fees and charges have been paid to it in cleared funds. If such outstanding amounts have not been paid to us within three months of the earliest due date for such amounts, we shall be entitled to sell the Consignment for any amount we choose with no liability to you or any other person with an interest in such Consignment whatsoever and shall apply the proceeds thereof towards discharging the outstanding sums due from you and recovering the costs of sale.
17.3 Subject to Clause 16 (Loss or Damage to Consignment), to the maximum extent permitted by law, Sonar Courier will not accept liability to you in respect of any loss or damage (including indirect, special, or consequential loss or damage) which may be suffered or incurred by you or which may arise directly or indirectly in respect of you using the Service.
17.4 To the maximum extent permitted by law, any condition or warranty which would otherwise be implied into these Terms is hereby excluded. If legislation implies any condition or warranty, and that legislation prohibits Sonar Courier from excluding or modifying the application of, or SonarCourier’s liability under, any such condition or warranty, that condition or warranty will be deemed included but SonarCourier’s liability will be limited for a breach of that condition or warranty to one or more of the following at SonarCourier’s selection insofar as the law permits: the supplying of the Service again or a refund of the Service Fee paid.
17.5 Nothing in this agreement shall exclude or limit the liability for (i) death or personal injury caused solely by a party’s negligence; (ii) fraud; (iii) wilful default or gross negligence; or (iv) any other liability which cannot be excluded under applicable law.
17.6 Neither party will be liable for delays or non-performance of this Agreement due to a force majeure event, which means any event which is not within the reasonable control of a party which could not reasonably have been prevented by that party (including, acts of God, war, terrorism, extreme weather conditions, floods, earthquakes, fire and industrial disputes), however, an obligation to pay any fees or charges shall not be excused by virtue of such event.
You agree to indemnify Sonar Courier and its officers, directors, employees and agents from and against any loss or damage (including costs and expenses not limited to reasonable legal fees) that we may suffer as a result of any claims, causes of action, suits, proceedings, demands, recoveries, fines or penalties brought by a third party arising out of:
(a) your use of the Service, whether directly or indirectly, including use of the Website and/or the App;
(b) your breach of this Agreement; and
(c) your violation of any law or the infringement of any third party rights in connection with your use of the Service.
The obligations under this clause will survive the termination of this Agreement.
19.1 A notice or other communication must be in writing in English or French and may be served to Sonar Courier personally by post or email to Sonar Courier at:
Sonar Courier Service Ltd.
Attention: Managing Director
Registered Address: 2 Mohakhali Commercial Area, Dhaka-1212, Bangladesh
Email Address: email@example.com
19.2 Sonar Courier may change its address for service of notices by written notice on the Website.
A notice or other communication must be in writing in English or Bengali and may be served personally by post or email to you at the details provided on the application for your User Account.
19.3 You may change your address for service of notices by written notice to Sonar Courier at firstname.lastname@example.org
20.1 This Agreement is not intended to create a relationship between Sonar Courier and the Customer of a partnership, joint venture, agency or employer-employee.
20.2 You must not assign or deal with the whole or any part of your rights or obligations under this Agreement without the prior written consent of SonarCourier. Any purported dealing in breach of this clause is of no effect.
20.3 Any failure or delay by a Party in exercising a power or right in relation to this Agreement does not operate as a waiver or prevent that Party from exercising that power or right or any other power or right. A Party is not liable to any other Party for any loss, cost or expense that may have been caused or contributed to by the failure, delay, waiver or exercise of a power or right.
20.4 Except as expressly stated to the contrary in this Agreement, the powers, rights and/or remedies of a Party under this Agreement are cumulative and are in addition to any other powers, rights, and remedies of that Party. Nothing in this Agreement merges, extinguishes, postpones, lessens or otherwise prejudicially affects any power, right, or remedy that a Party may have at any time against the other Party to this Agreement or any other person.
20.5 Where this Agreement provides that a Party may conditionally or unconditionally give or withhold any consent or approval in relation to any matter in this Agreement, that Party may in its absolute discretion, and without being obliged to give reasons for doing so, withhold any consent or approval or give consent or approval conditionally or unconditionally.
20.7 This Agreement contains the entire understanding between the Parties. All previous oral and written communications, representations, warranties or commitments are superseded by this Agreement and do not affect the interpretation or meaning of this Agreement and each of the Parties has relied entirely on its own enquirers before entering into this Agreement.
20.8 Provision of the Service is strictly in accordance with this Agreement. Sonar Courier is not a common carrier and shall under no circumstances be liable to you as a common carrier.
20.9 Reservation of rights. Despite any other matters in this Agreement, Sonar Courier reserves the right to refuse to deliver any Consignment of any kind for any person or to refuse the provision of the Service, to any person, at its absolute discretion.
20.10 This Agreement is governed by the laws of Bangladesh. Each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of Dhaka, Bangladesh.
Thank you for reading the Sonar Courier Terms.
Sonar Courier Service Ltd.
2 Bir Uttam AK Khandakar Road, Mohakhali C/A