Welcome to Bangladesh Unbound!

Please read this Tour Guide Agreement carefully, as it contains essential information about your legal rights and obligations.

You are responsible for complying with all laws, rules and regulations that apply to your activity and the Tours provided by you. Depending on the region where You will deliver the Tours, You may have to register, get a permit or obtain a license before feeding them. Penalties may include fines or other enforcement measures. We encourage You to seek legal advice if you have any questions related to local legislation or tax regulations that may apply to You.

IMPORTANT: REVIEW THE WAIVER PROVISION OF THE LITIGATION CLASS OF ACTION CONTAINED HEREIN, AS IT REQUIRES THE PARTIES TO RESOLVE DISPUTES ON AN INDIVIDUAL BASIS. IF YOU DISAGREE, DO NOT APPLY OR REGISTER OR ACCESS OR USE THE SITE OR THE SERVICES.

1. Introduction.

This Tour Guide Agreement (“Agreement”), as may be modified and amended from time to time, sets forth the legally binding agreement by and between:

(a) Bangladesh Unbound, located at Suite # 02, Azadi 58 (Ground Floor), Mirboxtula, Sylhet 3100, Bangladesh (“Bangladesh Unbound”, “We”, “Us”, or “Our”); and
(b) A person (“Guide” or “You”) who gets benefits through Bangladesh Unbound’s marketplace platform accessible via the www.bangladeshunbound.com website (the “Site”) to offer sightseeing tours and other related services (the “Tours”) for sale to users of the Site that search for Tours (the “Travelers”).

2. Acceptance of This Agreement.

When You apply as a Guide under Section 5, You at this moment represent and warrant that:

(a) You have read, understand, and agree to comply with and be bound by this Agreement;
(b) You are an individual at least 18 years old or a duly organised, validly existing business, organisation or other legal entity in good standing under the laws of Bangladesh in which You are established;
(c) You can enter into legally binding contracts; and
(d) Bangladesh Unbound allows you to access or use the Site.

If You disagree to be bound by this Agreement, You may not apply as a Guide under section 5.

This Agreement should be read together with the Terms and Conditions, Cancellation Policy and Privacy Policy, as they are incorporated by reference into this Agreement.

3. Scope of Bangladesh Unbound Services.

We operate the Site, an online marketplace platform that connects Travelers with Guides and other tour-related services. The Site enables You to connect and conclude contracts indirectly with Travelers for such services and through the Site. Also, We provide Travelers with a payment processing system through the Site.

We publish, create, sell, control, offer, deliver, or supply any Tour. We are a travel agency, and We provide Tours ourselves. You are not responsible for our published Tours. When You accept a Traveler’s booking, you enter into a contract directly with Bangladesh Unbound. You shall not be deemed a party to any agreement whereby a Traveler purchases Tours from us.

We advertise the Site through search engine optimisation, pay-per-click services, public relations, email marketing, affiliate programs, and other online and offline advertising means to increase traffic to the Site.

We are constantly updating our Site and its functionalities. Therefore, We may modify or delete any functionality on the Site or introduce new ones occasionally.

4. Independent Third-Party Contractor Relationship.

You understand, acknowledge and agree that You are an independent third-party contractor and not an employee (unless we confirm), agent, joint venturer or partner of Bangladesh Unbound and that You act exclusively on your behalf and for your benefit and on behalf or for the use, of Bangladesh Unbound.

Bangladesh Unbound will and shall be deemed to direct or control You generally or in your performance under this Agreement. You acknowledge and agree that:

(a) You have complete discretion whether to engage in other business or activities;
(b) You are engaged in your own business, separate and apart from Bangladesh Unbound’s business, which is to provide an online marketplace platform to connect Travelers and Guides;
(c) You have complete discretion in the publishing, selling and performing of our Tours. You have absolute discretion whether to accept a booking request or reject it;
(d) We set Tour Prices (as defined below), and
(e) You do not have any individual at Bangladesh Unbound to whom You report.

You understand, acknowledge and agree that You have no authority to make or accept any offers or representations on behalf of Bangladesh Unbound. You will not make any statement that reasonably contradicts anything in this section.

 5. Guide Application and Acceptance by Bangladesh Unbound.

You shall apply online to start the application process and be registered as a Guide, which may require telephone conversations, document submissions and reference checks.

By applying the Site, You accept that we may screen You against third-party databases or other sources, request reports from service providers, verify information such as name and address and obtain reports from public records of criminal convictions or an equivalent version of background checks in your local jurisdiction.

To become a Guide and executioner of a Tour is at the sole discretion of Bangladesh Unbound. Bangladesh Unbound reserves the right to refuse or cancel any Guide’s registration for any reason.

You must provide accurate, current and complete information during the application process and always keep the information up-to-date. We will only collect and use your personal information under our Privacy Policy.

6. Use of the Site and Content.

On and after your Guide’s application acceptance, you can do Tours and provide us with your banking and payment preferences.

You are solely and exclusively responsible for any claims relating to any inaccurate, untimely or incomplete information provided by You. Bangladesh Unbound may review your Public Information at any time to ensure that it complies with the terms of this Agreement. You are responsible for any activity on your duty.

You cannot create, upload, post, send, receive or store content, such as text, photos, audio, video, or other materials and information on or through the Site (“Content”) by uploading, posting or otherwise making available any Content on or through the Site.

Content includes, without limitation, information in your Public Profile, your pictures, information related to you and Tour pictures, whether images, text or otherwise.

Bangladesh Unbound will not upload, publish, send or store any Content that: (i) is fraudulent, false, or misleading; (ii) is defamatory, obscene, pornographic, vulgar or offensive; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any Traveler, Guide or user; (iv) promotes illegal or harmful activities; (v) includes contact details (when provided before the booking confirmation); or (vi) contains watermarks.

We reserve the right to remove, without prior notice, any Content alleged to infringe any intellectual property rights or unpublish any Tours that contain such Content.

7. Booking and Payment Processing. Commission.

Travellers may search for Tours through the Site without prior registration. Travellers may also contact us to create a customised Tour. You will be duly notified by email or text after a Traveler requests a booking, and You shall accept or decline such booking.

To compensate Bangladesh Unbound for the Site’s services, Bangladesh Unbound withholds a percentage of the Tour Price, the “Commission”. Bangladesh Unbound may decrease or increase the Commission at its sole discretion, either permanently or for a limited period, upon at least thirty days prior notice to You. The Commission will be deducted from the gross amount charged to Travelers as the total Tour Price for the Tour.

Travellers shall make payment of bookings by credit card or other forms of payment available through the Site. Bangladesh Unbound and its third-party payment service partners will collect payments of Tour Prices from Travelers. You authorise Bangladesh Unbound and its payment service partners to process payments. No remittances will be sent to You for a booking or Tour for which the Traveler’s bank initiated a chargeback.

There are certain circumstances where Bangladesh Unbound can’t send your payment to Your bank account. In that case, Bangladesh Unbound may, at its sole discretion, send the price through another third party available at that time. Banking fees and any other transaction costs are at your own expense, except for the cost of the service charged by Bangladesh Unbound’s payment service partner.

Any taxes are to be deducted from the Tour Price, and Bangladesh Unbound are solely responsible for determining our obligations to report, collect, remit or include in Tour Prices any applicable taxes. Tax regulations may require Us to collect appropriate tax information from Guides, withhold taxes from remittances to Guides and remit such taxes to the relevant governmental authority, or both. You agree to provide Us with the documentation and information that We determine to be sufficient to alleviate our obligation (if any) to withhold taxes from remittances to You and authorise Us to disclose remittances and tax information to your local tax and government authorities.

8. Cancellation Policy.

You agree with the terms of the Cancellation Policy and that any cancellation by You or a Traveler, and any related refund or remaining remittances owed to You, will be processed under the Cancellation Policy in force at the time of the booking.

Bangladesh Unbound may cancel any booking, in its sole discretion, if We believe in good faith that such cancellation is necessary to prevent or reduce any damages to any Site user or Bangladesh Unbound. We will reimburse or refund You or the Traveler under the reasons for cancellation and with the Cancellation Policy.

The purchase by the Travelers of the “Up to the Minute” cancellation policy option explained in the Cancellation Policy applies only to the Travelers and Bangladesh Unbound agreement. It will have no impact on your remittances.

9. Non-Recoverable Expenses and Reimbursements to Guides.

You may request from Bangladesh Unbound a reimbursement for any non-recoverable expenses in preparation for any Tour cancelled. Such costs shall be identified and informed in the Tour description. Amounts not declared in the Tour description or budgeted for the Tour but not spent, such as fuel, entrance fees not purchased in advance, meals, or any other avoidable expenses, will not be reimbursed. If We decide, at our sole discretion, to refund any such non-recoverable costs to You, You at this moment irrevocably assign to Bangladesh Unbound any right You may have to recover or claim such non-recoverable expenses from the Travelers and will leave the date of the cancelled Tour available on our online calendar. Bangladesh Unbound will not remit any remittance for non-recoverable costs will not be sent until after the original Tour date.

10. Refunds

You agree that, regardless of any refund to the Travelers under the Cancellation Policy, in the following situations and subject to the Travelers’ request, they will be eligible for a full or partial refund from You:

(a) You are a no-show;

(b) You arrive late, and the Traveler leaves the meeting point;

(c) You send a substitute guide to deliver your Tour;

(d) A substantial portion of the promised itinerary is not delivered;

(e) There are safety incidents during the Tour that adversely impact the whole experience;

(f) There are unexpected or additional costs incurred by the Travelers and not included in the Tour Price or Tour description;

(g) Third-party services included in the Tour description are unavailable during the Tour.

Bangladesh Unbound will process the requests and, if Bangladesh Unbound determine that any of the situations above occurred, will deduct the refunded amounts from any amount to be sent to You. If remittances are not owed to You, You will reimburse Bangladesh Unbound the charges refunded to the Travelers within 10 days of Bangladesh Unbound’s request.

11. Tour Prices and Payments to You.

You are responsible for setting up the Tour Prices, correctly and accurately describing items included in the Tour Prices and for any updates.

You agree that your Tour Prices provide You with total compensation for your services and include all costs of completing the Tour, from when the Tour starts until the time it terminates, including any expected tips. You must make all payments and other compensation for a Tour through the Site.

Any non-recoverable expenses identified by You on the Tour description page will be remitted to You monthly after payment thereof by Travelers.

The amount paid by Travelers, less the Commission paid to Bangladesh Unbound, less any banking charges, less any non-recoverable expenses that have already been delivered to You, and less any refund made to Travelers for any violation by You of this Agreement or due to cancellations will be paid to You after the Tour has been completed.

Amounts paid by a Traveler for the “Up to the Minute” cancellation policy option, or any other that may be created, are not considered part of the Tour Price.

Bangladesh Unbound may determine the Currency (BDT/TK) and payment method to You when your application is approved and can not be changed.

You will use your best efforts to ensure that any or all payments from Travelers are processed through the Site or other means as Bangladesh Unbound may determine.

12. Rules of the Site.

To maintain the reputation of the Site and other users offering services on the Site, You agree to the following provisions:

(a) Private Tour Offer. You may not offer Tours as an intermediary or agent. Also, You shall publish Tours through us delivered only by You and not in the company of other guides or any other person rather than the Travelers. You cannot suggest Tours that are identical or remarkably similar to other Tours uploaded by us on the Site.
(b) Customised Tours. You may decide to customise any published Tours through us at your sole discretion upon a Travelers’ request. In that case, You will request us to create a customised Tour using the tool available on the Site. You understand that the Tours published by You through us on the Site contain the terms of the agreement with the Traveler, and changing those terms without creating a customised Tour will prevent You from having a clear understanding with the Traveler. You will not accept bookings of published Tours whose words have been modified by communications between You and the Traveler.
(c) No Substitutes. You offer private Tours, and Travelers choose and connect with Guides before the Tour. So Travelers expect that it is You who deliver their Tours. Therefore, You shall never send any substitute to give your Tours. If there is an emergency and You cannot personally have your Tour, You shall immediately contact Bangladesh Unbound Support and Traveler. Bangladesh Unbound, at its discretion, may cancel such booking upon the traveller’s request, arrange for another Bangladesh Unbound guide to deliver the Tour or refund the Traveler.
(d) Tour Description. You agree that all information in your Public Profile and Tour description is current and accurate. You agree that Travelers may request a refund if the description of your Tours does not match the services. You provided.
(e) Contact Details. You agree not to give any personal contact details, including phone number, email, social networks or your website URL, to Travelers before You accept the booking nor give any information to the Travelers that might result in the Travelers booking from outside our Site.
(f) Communication. You agree that all communications with Travelers will occur through the Site. Bangladesh Unbound also handles Traveler service through telephone and email. Bangladesh Unbound reserves the right to monitor communications between You and the Travelers and review and edit those communications if they do not comply with the terms of this Agreement or the Terms and Conditions (like containing contact details or including offensive language). You understand that We do not screen Travelers. You are solely responsible for and shall exercise caution and judgment in using the Site and disclosing personal information to Travelers. You agree that Bangladesh Unbound and the Travelers may contact You via email, text messages, calls, and automated calls, to the phone number and email addresses You provide in your Guide’s Account or otherwise provided to Us, to communicate to You, including but not limited to, any updates, changes, or important information related to any bookings. We may place your Guide’s Account on hold or inactivate it if You do not respond to several messages from Us or the Travelers, which shows that your Guide’s Account is inactive.

(g) Performance. You agree to perform the Tour or other services as agreed with the Traveler and as detailed in your Tour description. In the event of illness or other exceptional circumstances, You agree to inform Bangladesh Unbound and the Travelers.
(h) Safety. You agree to be responsible for the health and safety of the Travelers at all times during the Tour. You acknowledge and agree that You shall be solely responsible for supplying any equipment required for a Tour you provide under this Agreement. You agree that the sample liability waiver uploaded to the Site is just a sample, general in scope and does not detail every possible hazard that Travelers might be exposed to during your Tours nor contemplate any local regulation that may apply to your activity.
(i) Traveler Information. You agree that You will not use the Traveler’s information for any purpose other than to perform the Tour or other services contracted through the Site.
(j) Traveler Disputes. You agree to work in good faith with Bangladesh Unbound to address Traveler disputes or complaints.
(k) Reviews. After delivery of a Tour, Travelers may leave a public review (“Review”) and submit a star rating (“Rating”), which will be published throughout the Site and in your Public Profile. Ratings or Reviews reflect Travellers’ opinions and do not reflect the opinion of Bangladesh Unbound. Bangladesh Unbound may verify reviews for accuracy but does not warrant they are correct or accurate. Guides are prohibited from manipulating the Ratings and Reviews in any manner.
(l) Intellectual Property. The Site is protected by copyright, trademark, or other laws. You acknowledge and agree that the Site, including all associated intellectual property rights, is the exclusive property of Bangladesh Unbound or its licensors or authorising third parties. All trademarks and logos used on or in connection with the Site are trademarks or registered trademarks of Bangladesh Unbound.
(m) Licensing. You agree that You are and will always be in compliance with any or all licensing requirements and legal restrictions for any Tours or other services you provide.

13. Insurance.

You represent and warrant that You have and will maintain, at your own expense, appropriate commercial general liability insurance, in amounts and of types required by law, to provide your services throughout the period during which You will deliver Tours. Also, You represent and warrant that You will have and maintain, at your own expense, appropriate commercial auto liability insurance, in amounts and of types required by law, throughout the period during which You will deliver Tours with private transportation, if applicable. Suppose You hire a third party to provide passenger transportation services. In that case, You will require that such third party has appropriate commercial auto liability insurance, in amounts and of types required by law, throughout the provision of the passenger transportation services.

14. Disclaimer.

BANGLADESH UNBOUND, ITS PARENT, SUBSIDIARIES, AFFILIATES, DIRECTORS, AND EMPLOYEES (“BANGLADESH UNBOUND”) DO NOT PUBLISH, CREATE, SELL, CONTROL, OFFER, DELIVER, OR SUPPLY ANY GUIDED TOUR BUT WITH YOUR PERMISSION. YOU ARE AN INDEPENDENT THIRD-PARTY CONTRACTOR AND NOT AN AGENT OR EMPLOYEE (UNLESS WE CONFIRM) OF THE BANGLADESH UNBOUND. THE BANGLADESH UNBOUND DOES NOT TAKE ANY RESPONSIBILITY AND IS NOT LIABLE FOR, AND YOU ARE SOLELY AND EXCLUSIVELY

RESPONSIBLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR ANY OTHER DAMAGES OR EXPENSES ARISING OUT OF, OR IN CONNECTION WITH, WITHOUT LIMITATION, (I) THE DELIVERY OF ANY TOUR, (II) YOUR PERFORMANCE OR FAILURE TO PERFORM THE TOUR OR YOUR SERVICES, (III) ANY TRANSPORTATION SERVICE ASSOCIATED TO ANY TOUR, (IV) ANY OTHER SERVICE OFFERED OR DELIVERED BY YOU, (V) YOUR ACTS OR OMISSIONS, REPRESENTATIONS, WARRANTIES, NEGLIGENCE, GROSS NEGLIGENCE OR WILLFUL MISCONDUCT AND (IV) PERSONAL, BODILY INJURY, DEATH, PROPERTY DAMAGE TO YOU, A TRAVELER OR ANY OTHER PARTY. THE BANGLADESH UNBOUND RESPONSIBILITY IS LIMITED TO LISTING AND MAKING AVAILABLE THE TOURS AND OTHER ANCILLARY SERVICES THROUGH THE SITE.

DUE TO THE NATURE OF BANGLADESH UNBOUND SERVICES, BANGLADESH UNBOUND DOES NOT GUARANTEE THE CONTINUOUS AND UNINTERRUPTED AVAILABILITY AND ACCESSIBILITY OF THE SITE. THE SITE IS PROVIDED ‘AS IS’ AND ‘AS AVAILABLE, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. BANGLADESH UNBOUND DOES NOT MAKE OR GIVE ANY REPRESENTATION OR WARRANTY, OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT, QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE. ALSO, BANGLADESH UNBOUND MAY RESTRICT THE AVAILABILITY OF THE SITE IF THIS IS NECESSARY GIVEN CAPACITY LIMITS, THE SECURITY OR INTEGRITY OF OUR SERVERS, OR TO CARRY OUT MAINTENANCE MEASURES FOR THE PROPER OR IMPROVED, MODIFIED OR ENHANCED FUNCTIONING OF THE SITE.

15. Limitation of Liability.

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT THE BANGLADESH UNBOUND SHALL EITHER BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, SPECIAL, EXEMPLARY, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR LIABILITIES WHETHER IN ACTION BASED ON CONTRACT, WARRANTY, STRICT LIABILITY, TORT OR OTHERWISE, EVEN IF SUCH PARTY HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH DAMAGES COULD HAVE BEEN REASONABLY FORESEEN BY SUCH PARTY.

IN NO EVENT SHALL THE BANGLADESH UNBOUND LIABILITY TO YOU OR ANY OTHER PERSON ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE SITE EXCEED, IN THE AGGREGATE. THE LIMITATIONS IN THIS SECTION SHALL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY IN THIS AGREEMENT IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.

16. Guide’s Responsibility and Indemnification.

You agree to defend, indemnify, and hold harmless Bangladesh Unbound from all liabilities, claims, losses, damages, and expenses, including attorney’s fees, that may arise, directly or indirectly from, as a result of or in connection with, without limitation, (a) your use of the Site, (b) the delivery of any tour, (c) your performance or failure to perform the tour or your services, (d) any transportation service associated to any tour, (e) any other service offered or delivered by you, (f) your acts or omissions, representations, warranties, negligence, gross negligence or willful misconduct and (g) personal, bodily injury, death, property damage to you, a Traveler or any other party. The Bangladesh Unbound reserves the right, at its own expense, to assume the exclusive defence and control of any claim subject to indemnification by You, in which case You agree to cooperate with the Bangladesh Unbound in asserting any available defences.

17. Force Majeure.

We shall be relieved from liability for partial or complete failure to fulfil obligations under this Agreement due to force majeure circumstances. In case of force majeure, We shall notify You of the commencement and cessation of circumstances preventing Us from fulfilling our obligations.

18. Amendments to Agreement.

Bangladesh Unbound may modify and amend this Agreement occasionally at its sole discretion. Bangladesh Unbound will provide You with at least thirty (30) days prior email notice to the effective date of any material changes to this Agreement. If You do not terminate the Agreement before the date the amendments become effective, then You are deemed to have accepted the amended Agreement. If You do not agree to the amended Agreement, You will terminate it before they become effective and will stop accessing your Guide’s Service and using our services.

19. Term of the Agreement.

This Agreement will become effective immediately upon your application is sent under Section 5 and shall remain effective unless terminated by either party as provided hereunder.

You may terminate this Agreement at any time by sending us an email. If You terminate this Agreement, any accepted bookings will be automatically cancelled; Travelers will receive a full refund, and no remittances will be sent to You for such bookings and Tours not delivered by You.

Bangladesh Unbound may terminate this Agreement, for any reason or no reason, at any time by sending You an email to your registered email address, which shall be effective immediately upon delivery of such notice. If We terminate this Agreement, We may refund Travelers in full for any or all accepted bookings that have been cancelled. You will not be entitled to compensation for cancelled pending or taken bookings.

When this Agreement has been terminated, You are not entitled to a restoration of your Private Profile, and You shall not apply for a new Guide’s Account or use the Site through another Guide’s Account.

Bangladesh Unbound may, at its sole discretion and without notice, terminate this Agreement at any time, for any reason or without reason, or cancel or limit your access to your Private Profile if You have materially breached any obligation under this Agreement.

In the event of termination or expiration, the following Sections shall survive: Disclaimer, Limitation of Liability; Guide’s Responsibility and Indemnification, Term of the Agreement; and General Provisions.

20. General Provisions

(a) Waiver. Failure by Bangladesh Unbound to enforce any provision of this Agreement shall not be construed as a waiver of any provision or right.

(b) Governing Law. This Agreement, and all other aspects of the use of the Site, shall be governed by and construed under the laws of the Province of Sylhet, Bangladesh.

(c) Entire Agreement. This Agreement constitutes the entire agreement between You and Bangladesh Unbound concerning the subject matter of this Agreement.

(d) Severability. Suppose any provision of this Agreement is found to be invalid or unenforceable. In that case, the remaining provisions shall remain valid and enforceable to the fullest extent possible and in full force and effect.

(e) Successors. This Agreement shall be binding on You and Bangladesh Unbound and their successors and assigns.

(f) Notice. Any notice or other communication to be given hereunder will be in writing or electronic mail to any of the following addresses: to the Company: Suite # 2, Azadi 58 (Ground Floor), Mirboxtula, Sylhet 3100, Bangladesh and support@bangladeshunbound.com; and to You: to the address and email listed in your Guide’s Account.

(g) Counsel. You agree that You have been advised to seek independent legal counsel of your choices regarding your rights, obligations and interests under this Agreement.

(h) Litigation Class Action Waiver. To the extent allowed by applicable law, You agree that any proceeding to litigate in court any dispute arising out of or relating to this Agreement will be conducted solely on an individual basis, and You agree not to seek to have any controversy, claim or dispute heard as a class action or any other type of representative proceeding.

(i) Dispute resolution. You agree that You will attempt to resolve any or all disputes in the least onerous manner. Suppose You and Bangladesh Unbound are not able to resolve disputes by agreement. In that case, You agree first to mediate any conflict between the Parties to be conducted in the Judges Court of Sylhet, Bangladesh, with mediation fees divided equally between You and Bangladesh Unbound. If litigation is commenced by either You or Bangladesh Unbound, You agree to submit to the exclusive jurisdiction of the Judge’s Court of Sylhet, Bangladesh. You agree not to file a complaint or other commencement of litigation more than six (6) months after the relevant dispute arose.