Here are our terms and conditions. Please contact us here if you have any other questions. Thanks for connecting.
The Shoho.org terms & conditions outline Shoho.org’s and Your obligations and responsibilities on the Shoho.org Platform. Our Terms and Conditions include information regarding User obligations, Fees and dispute resolution functions, payment of cancellation fees for Users that cancel Task Contracts.
User Agreement: Shoho.org
Shoho.org operates an online platform allowing Users to connect through the Shoho.org Platform with other Users who provide Services.
All defined terms in this Agreement have the meaning given to them in the Shoho.org Glossary.
1.SCOPE OF Shoho.org SERVICES
- Shoho.org provides the Shoho.org Platform to enable Beneficiaries to publish Fundraising Campaigns.
- Donors may make a donation in response to a Posted campaign. Some details of the campaign may be made publicly available, including to internet users who are not Users.
- A beneficiary may revoke or modify a Posted campaign at any time. Shoho.org reserves the right to cancel all donations on a Posted campaign made prior to the modification or amendment.
- Upon creation of a campaign, the donor may donate into the Escrow Account.
- Upon creation of a campaign, Shoho.org has rendered Shoho.org Services.
- Once a campaign is created, the donor and beneficiary are encouraged to use Shoho.org’s private messaging system to communicate.
- Once a campaign is complete, the beneficiary must provide notice of that on the Shoho.org Platform.
- If the beneficiary requests and Shoho.org is satisfied the donated Funds will be released, if held, from the Escrow Account, to the beneficiary
- After a campaign is completed, the parties are encouraged to review and provide feedback and updates of the campaign on the Shoho.org Platform.
2. Shoho.org’s ROLE AND OBLIGATIONS
- Shoho.org provides the Shoho.org Platform only, enabling Users to publish campaigns and make donations on Posted campaigns.
- Shoho.org only permits individuals verified to become Users.
- Users must be natural persons, but can specify within their account description that they represent a business entity.
- At its absolute discretion, Shoho.org may refuse to allow any person to register or create an account with Shoho.org or cancel or suspend any existing account.
- Registering and creating an account with Shoho.org is free. There is no charge for a beneficiary to post campaigns, or for other Shoho.org Users to review content on the Shoho.org Platform, including Posted campaigns.
- Shoho.org accepts no liability for any aspect of the beneficiary and Donor interaction, including but not limited to the description, performance or delivery of Services.
- Shoho.org has no responsibility and makes no warranty as to the truth or accuracy of any aspect of any information provided by Users, including, but not limited to, the honesty or accuracy of any information provided by beneficiaries or the Donor’s ability to pay for the campaigns posted.
- Except for liability in relation to any Non-excludable Condition, the Shoho.org Service is provided on an “as is” basis, and without any warranty or condition, express or implied.
- Shoho.org or its representatives has no obligation to any User to assist or involve itself in any dispute between Users, although may do so to improve User experience.
3. USER OBLIGATIONS
- You will at all times:
- comply with this Agreement (including all Policies) and all applicable laws and regulations;
- only post accurate information on the Shoho.org Platform;
- promptly and efficiently perform obligations to other User under a posted campaign
- ensure that You are aware of any laws that apply to You as a beneficiary or donor, or in relation to using the Shoho.org Platform.
- You agree that any content (whether provided by Shoho.org, a User or a third party) on the Shoho.org Platform may not be used on third party sites or for other business purposes without Shoho.org’s prior permission.
- You must not use the Shoho.org Platform for any illegal or immoral purpose.
- You must maintain control of Your Shoho.org account and must not deal with your account in any way, including by allowing others to use Your account, or by transferring or selling Your account or any of its content to another person.
- You grant Shoho.org an unrestricted, worldwide, royalty-free licence to use, reproduce, modify and adapt any content and information posted on the Shoho.org Platform for the purpose of publishing material on the Shoho.org Platform and as otherwise may be required to provide the Shoho.org Service, for the general promotion of the Shoho.org Service, and as permitted by this Agreement.
- You agree that any information posted on the Shoho.org Platform must not, in any way whatsoever, be potentially or actually harmful to Shoho.org or any other person. Harm includes, but is not limited to, economic loss that will or may be suffered by Shoho.org.
- Without limiting any provision of this Agreement, any information You supply to Shoho.org or publish in a Posted Task (including as part of an Offer) must be up to date and kept up to date and must not:
*(a) be false, inaccurate or misleading or deceptive;
*(b) be fraudulent or involve the sale of counterfeit or stolen items;
*(c) infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or intellectual property rights, rights of publicity, confidentiality or privacy;
*(d) violate any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export and import control, consumer protection, unfair competition, criminal law, antidiscrimination and trade practices/fair trading laws);
*(e) be defamatory, libellous, threatening or harassing;
*(f) be obscene or contain any material that, in Shoho.org’s sole and absolute discretion, is in any way inappropriate or unlawful, including, but not limited to obscene, inappropriate or unlawful images; or
*(g) contain any malicious code, data or set of instructions that intentionally or unintentionally causes harm or subverts the intended function of the Shoho.org Platform, including, but not limited to viruses, trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, modify, delete, detrimentally interfere with, surreptitiously intercept, access without authority or expropriate any system, data or Personal Information.
- Shoho.org Platform may from time to time engage location-based or map-based functionality. The Shoho.org Platform may display the location of beneficiaries and Donors to persons browsing the Shoho.org Platform. Each beneficiary will be asked to provide the street, neighborhood or location where the campaign is locted. A beneficiary should never disclose personal details such as the beneficiary’s street number, phone number or email address in a Posted campaign or in any other public communication on the Shoho.org Platform.
- If You are a Beneficiary, You must comply with tax and regulatory obligations in relation to any payment received under a campaign.
- You must not request payments outside of the Shoho.org Platform from a Donor except to the extent permitted by clause 3.11 and only if the Shoho.org Platform does not facilitate the reimbursement via the Escrow Account of costs considered in clause 3.11.
- If a Donor decided to donate outside of the Shoho.org Platform, the Donor is solely responsible for obtaining any reimbursement from the beneficiary.
- If Shoho.org determines at its sole discretion if You have breached any obligation under this clause 3, and Shoho.org reserves the right to remove any content, or Posted campaign You have submitted to the Shoho.org Service or cancel or suspend Your account and/or refund any donations
- Upon the creation of a Posted campaign, the Beneficiary owes Shoho.org the Service Fee. The Service Fee will automatically be deducted from the donated amount held in the Escrow Account when a Donor donated for the campaign online.
- Fees do not include any fees that may be due to Third Party Service providers. All Third Party Service providers are paid pursuant to a User’s separate agreement with that Third Party Service provider.
- All Fees and charges payable to Shoho.org are non-cancellable and non-refundable, subject to Your rights under any Non-Excludable Conditions.
- If Shoho.org introduces a new service on the Shoho.org Platform, the Fees applying to that service will be payable as from the launch of the service.
- Shoho.org may set-off any Fees against any donated Funds or other amounts held by Shoho.org on behalf of a User.
- Shoho.org may restrict a User’s account until all Fees have been paid.
5.PAYMENTS AND REFUNDS
- (a) the beneficiary and the Donor mutually agree to cancel the Donation; or
- (b) following reasonable attempts by a beneficiary to contact a Donor to amend or cancel the posted campaign;
- (c) Shoho.org is satisfied that the Donated amount should be returned to the Donor,
then, subject to clause 5.3, Shoho.org will pay the Donated Funds held in the Escrow Account to the Donor.
- Any amount paid by Shoho.org on behalf of a Beneficiary under clause 5.1 will be a debt owed by the Beneficiary to Shoho.org.
- If a campaign is cancelled:
- (a) Shoho.org will retain the Service Fee in accordance with clause 4.1; and
- (b) the cancellation will be attributed to the Beneficiary unless the Beneficiary can provide evidence to Shoho.org’s satisfaction (in its sole opinion).
If cancelled by the beneficiary (as determined by this clause), the beneficiary must pay the Cancellation Admin Fee. The Cancellation Admin Fee will be equal to the Service Fee that has been charged to the Beneficiary under the relevant Posted campaign. Shoho.org may agree to refund the Service Fee to the Beneficiary.
- If the parties agree to any additional cancellation fee payable under the Task Contract, it is the responsibility of the party aggrieved to claim any amount owed directly from the other.
- Following resolution of a cancelled Task Contact in accordance with clause 5.1, Shoho.org may take up to 14 days to return the Agreed Price (less the Cancellation Admin Fee, if applicable) to the beneficiary if the beneficiary had made the payment before completion of the task to Shoho.org through card or other options which may have been held in Escrow.
- If, for any reason, the Beneficiary Funds cannot be transferred or otherwise made to the Beneficiary or returned to the Donor (as the case may be) or no claim is otherwise made for the Beneficiary Funds, the Beneficiary Funds will remain in the Escrow Account until paid or otherwise for up to three months from the date the beneficiary initially paid the Agreed Price into the Escrow Account.
- Following the 3 months referred to in clause 5.6, and provided there is still no dispute in respect of the Beneficiary Funds, the Beneficiary Funds will be automatically converted to Stored Value and credited to the beneficiary.
6. STORED VALUE
- Stored Value :
- (a) are not refundable or redeemable for cash;
- (b) cannot be replaced, exchanged or reloaded;
- (d) are valid for 12 months from the last date the Shoho.org credit is topped-up, the date of issue or purchase or any expiry date applied by Shoho.org (subject to any contrary specific legal requirements);
- (e) may also be subject to additional, or different, terms and conditions, as specified in relation to Stored Value, such as a restriction on the when the Stored Value is redeemable (for example only for a User’s first Task Contract), specify a minimum Services value, or specify a maximum credit or discount value; and
- (f) must not be reproduced, copied, distributed, or published directly or indirectly in any form or by any means for use by an entity other than the credited User, or stored in a data retrieval system, without Shoho.org’s prior written permission.
- The User credited with a Stored Value is solely responsible for the security of any Stored Value. Shoho.org will have no liability for any loss or damage to the Stored Value and does not have any obligation to replace Stored Value.
- Shoho.org will not accept, and may refuse or cancel, any Stored Value, which it determines in its sole discretion, have been used in breach of this Agreement or have been forged, tampered with, or are otherwise fraudulent and Shoho.org reserves the right to refer any suspected fraudulent activity to relevant law enforcement authorities. In particular, Stored Value, such as promotional coupons, vouchers or codes distributed or circulated without our approval, for example on an internet message board or on a “bargains” website, are not valid for use and may be refused or cancelled.
- Shoho.org is entitled to any value on Stored Value which is not redeemed before the Stored Value expires or is cancelled by Shoho.org.
7. BUSINESS PARTNERS
- Shoho.org may enter into agreements with Business Partners.
8. PAYMENT FACILITY
- Shoho.org may or may not use a third-party Escrow Provider to operate the Escrow Account.
- In so far as it is relevant to the provision of the Escrow Account, the terms of any third party escrow services provider, if any, are incorporated into this Agreement and will prevail over this Agreement to the extent of any inconsistency in relation to the provision of the Escrow Account.
- If Shoho.org changes its payment provider or Escrow Provider You may be asked to agree to any further additional terms with those providers.
9. THIRD PARTY SERVICES
- Shoho.org may from time to time include Third Party Services on the Shoho.org Platform. These Third Party Services are not provided by Shoho.org.
- Third Party Services are offered to Users pursuant to the third party’s terms and conditions. Third Party Services may be promoted on the Shoho.org Platform as a convenience to our Users who may find the Third Party Services of interest or of use.
- If a User engages with any Third Party Service provider, the agreement will be directly between the User and that Third Party Service provider.
- Shoho.org makes no representation or warranty as to the Third Party Services. However, to help us continue to improve our Shoho.org Platform, Users may inform Shoho.org of their Third Party Service experience.
- Shoho.org may use Identity Verification Services.
- You agree that Shoho.org Identity Verification Services may not be fully accurate as all Shoho.org Services are dependent on User-supplied information and/or information or verification services provided by third parties.
- You are solely responsible for identity verification and Shoho.org accepts no responsibility for any use that is made of an Shoho.org Identity Verification Service.
- Shoho.org Identity Verification Services may be modified at any time.
- The Shoho.org Platform may also include a User-initiated feedback system to help evaluate Users.
- You can complain about any comment made on the Shoho.org Platform using the ‘Report’ function of the Shoho.org Platform or contact Shoho.org via the Shoho.org Platform.
- Shoho.org is entitled to suspend or terminate Your account at any time if Shoho.org, in its sole and absolute discretion, is concerned by any feedback about You, or considers Your feedback rating to be problematic for other Shoho.org Users.
12. LIMITATION OF LIABILITY
- Except for liability in relation to breach of Non-excludable Condition, to the extent permitted by law, Shoho.org specifically disclaims all liability for any loss or damage (actual, special, direct, indirect and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed (including, without limitation, loss or damage relating to any inaccuracy of information provided), arising out of or in any way connected with any transaction between beneficiaries and Donors.
- Except for liability in relation to a breach of any Non-excludable Condition, to the extent permitted by law, Shoho.org specifically disclaims all liability for any loss or damage (actual, special, direct, indirect and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed (including, without limitation, loss or damage relating to any inaccuracy of information provided, or the lack of fitness for purpose of any goods or service supplied), arising out of or in any way connected with any transaction between You and any Third Party Service provider who may be included from time to time on the Shoho.org Platform.
- Except for liability in relation to a breach of any Non-excludable Condition, and to the extent permitted by law, Shoho.org is not liable for any Consequential Loss arising out of or in any way connected with the Shoho.org Services.
- Except for liability in relation to a breach of any Non-excludable Condition, Shoho.org’s liability to any User of the Shoho.org Service is limited to the total amount of payment made by that User to Shoho.org during the twelve month period prior to any incident causing liability of Shoho.org.
- Shoho.org’s liability to You for a breach of any Non-excludable Condition (other than a Non-excludable Condition that by law cannot be limited) is limited, at our option to any one of resupplying, replacing or repairing, or paying the cost of resupplying, replacing or repairing goods in respect of which the breach occurred, or supplying again or paying the cost of supplying again, services in respect of which the breach occurred.
- Shoho.org will endeavour to permit you to transact anonymously on the Shoho.org Platform. However in order to ensure Shoho.org can reduce the incidence of fraud and other behaviour in breach of the Community Guidelines, Shoho.org reserves the right to ask Users to verify themselves in order to remain a User.
14. MODIFICATIONS TO THE AGREEMENT
- Shoho.org may modify this Agreement or the Policies (and update the Shoho.org pages on which they are displayed) from time to time. Shoho.org will send notification of such modifications to Your Shoho.org account or advise You the next time You login.
- When You actively agree to any amended terms (for example, by clicking a button saying “I accept”) or use the Shoho.org Platform in any manner, the amended terms will be effective immediately. In all other cases, the amended terms will automatically be effective 30 days after they are initially notified to You.
- If You do not agree with any changes to this Agreement (or any of our Policies), You must either terminate your account or You must notify Shoho.org who will terminate Your Shoho.org account, and stop using the Shoho.org Service.
15. NO AGENCY
- No agency, partnership, joint venture, employee-employer or other similar relationship is created by this Agreement. In particular You have no authority to bind Shoho.org, its related entities or affiliates in any way whatsoever. Shoho.org confirms that all Third Party Services that may be promoted on the Shoho.org Platform are provided solely by such Third Party Service providers. To the extent permitted by law, Shoho.org specifically disclaims all liability for any loss or damage incurred by You in any manner due to the performance or non-performance of such Third Party Service.
- Except as stated otherwise, any notices must be given by registered ordinary post or by email, either to Shoho.org’s contact address as displayed on the Shoho.org Platform, or to Shoho.org Users’ contact address as provided at registration. Any notice shall be deemed given:
- (a) if sent by email, 24 hours after email is sent, unless the User is notified that the email address is invalid or the email is undeliverable, and
- (b) if sent by pre-paid post, three Business Days after the date of posting, or on the seventh Business Day after the date of posting if sent to or posted from outside Bangladesh.
- Notices related to performance of any Third Party Service must be delivered to such third party as set out in the Third Party Service provider’s terms and conditions.
17. MEDIATION AND DISPUTE RESOLUTION
- Shoho.org encourages You to try and resolve disputes (including claims for returns or refunds) with other Users directly. Accordingly, You acknowledge and agree that Shoho.org may, in its absolute discretion, provide Your information as it decides is suitable to other parties involved in the dispute.
- If a dispute arises with another User, You must cooperate with the other User and make a genuine attempt to resolve the dispute.
- Shoho.org may elect to assist Users resolve disputes. Any User may refer a dispute to Shoho.org. You must co-operate with any investigation undertaken by Shoho.org. Shoho.org reserves the right to make a final determination (acting reasonably) based on the information supplied by the Users and direct the Escrow Provider, if any, to make payment accordingly. You may raise your dispute with the other User or Shoho.org’s determination in an applicable court or tribunal.
- Shoho.org has the right to hold any Donation that is the subject of a dispute in the Escrow Account, until the dispute has been resolved.
- Shoho.org may provide access to a Third Party Dispute Service. If such a service is provided, either party may request the other party to submit to the Third Party Dispute Service if the parties have failed to resolve the dispute directly. Terms and conditions for the Third Party Dispute Service will be available on request. The Third Party Dispute Service is a Third Party Service and Users are responsible for paying any costs associated with the Third Party Dispute Service in accordance with the Third Party Dispute Service terms and conditions.
- Disputes with any Third Party Service provider must proceed pursuant to any dispute resolution process set out in the terms of service of the Third Party Service provider.
- If You have a complaint about the Shoho.org Service please contact us here.
- If Shoho.org provides information about other Users to You for the purposes of resolving disputes under this clause, You acknowledge and agree that such information will be used only for the purpose of resolving the dispute (and no other purpose) and that you will indemnify Shoho.org against any claims relating to any other use of information not permitted by this Agreement.
- Either You or Shoho.org may terminate your account and this Agreement at any time for any reason.
- Termination of this Agreement does not affect any Task Contract that has been formed between Shoho.org Users. If You have entered a Task Contract You must comply with the terms of that Task Contract including providing the Services or paying the Agreed Price as applicable.
- Third Party Services are subject to Third Party Service provider terms and conditions.
- Sections 4 (Fees), 13 (Limitation of Liability) and 18 (Mediation and Dispute Resolution) and any other terms which by their nature should continue to apply, will survive any termination or expiration of this Agreement.
- If Your account or this Agreement are terminated for any reason then You may not without Shoho.org’s consent (in its absolute discretion) create any further accounts with Shoho.org and we may terminate any other accounts You operate.
- This Agreement is governed by the laws of Bangladesh. You and Shoho.org submit to the exclusive jurisdiction of the courts of Bangladesh.
- The provisions of this Agreement are severable, and if any provision of this Agreement is held to be invalid or unenforceable, such provision may be removed and the remaining provisions will be enforceable.
- This Agreement may be assigned or novated by Shoho.org to a third party without your consent. In the event of an assignment or novation the User will remain bound by this Agreement.
- This Agreement sets out the entire understanding and agreement between the User and Shoho.org with respect to its subject matter.
17th July 2018 copyright Shoho.org 2018
“Agreement” means the most updated version of the agreement between Shoho.org and a User.
“Shoho.org” “we” “us” “our” means Shoho.org Ltd / Asian Information Technology Ltd.
“Shoho.org Platform” means the Shoho.org website at http://www.Shoho.org/, Shoho.org smartphone app, and any other affiliated platform that may be introduced from time to time.
“Shoho.org Service” means the service of providing the Shoho.org Platform.
“Business Day” means a day on which banks are open for general business in Bangladesh other than a Friday, Saturday, or public holiday.
“Business Partner” means the business or individual that enters into an agreement with Shoho.org to acquire Business Services.
“Cancellation Admin Fee” means the Fee payable by a beneficiary for cancelling a Campaign.
“Consequential Loss” means any loss, damage or expense recoverable at law:
- (a) other than a loss, damage or expense that would be suffered or incurred by any person in a similar situation to the person suffering or incurring the loss, damage or expense; or
- (b) which is a loss of:
- a. opportunity or goodwill;
- b. profits, anticipated savings or business;
- c. data; or
- d. value of any equipment,
and any costs or expenses incurred in connection with the foregoing.
“Escrow Account” means the escrow account.
“Escrow Provider” means an entity that manages the Escrow Account (which may include Shoho.org or its related bodies corporate).
“Fees” means all fees payable to Shoho.org by Users including the Service Fee.
“Identity Verification Services” means the tools available to help Users verify the identity, of other Users including mobile phone verification, verification of payment information, References, integration with social media
“Marketing Material” means any updates, news and special offers in relation to Shoho.org or its Third Party Services.
“Non-excludable Condition” means any implied condition, warranty or guarantee in a contract, the exclusion of which would contravene the law or cause any part of the contract to be void.
“beneficiary” means a User that posts on the Shoho.org Platform in search of Donations.
“Posted campaign” means the beneficiary’s request for funds, and includes the deadline for completion, funds needed and description of the Services to be provided.
“Site” means the website at http://www.Shoho.org/.
“Stored Value” means the physical or virtual card, coupon, voucher or code containing credit or a discount for use on the Shoho.org Platform.
“Donor” means a User who provides Donation to beneficiaries.
Rules of Interpretation:
In the Shoho.org Agreement and all Policies, except where the context otherwise requires:
- (a) the singular includes the plural and vice versa, and a gender includes other genders;
- (b) another grammatical form of a defined word or expression has a corresponding meaning;
- (c) a reference to a document or instrument includes the document or instrument as novated, altered, supplemented or replaced from time to time;
- (d) a reference to $ or ৳, is to Bangladesh currency;
- (e) a reference to time is to the time in Dhaka, Bangladesh;
- (f) a reference to a person includes a natural person, partnership, body corporate, association, governmental or local authority or agency or other entity;
- (g) a reference to a statute, ordinance, code or other law includes regulations and other instruments under it and consolidations, amendments, re-enactments or replacements of any of them;
- (h) the meaning of general words is not limited by specific examples introduced by including, for example or similar expressions;
- (i) headings are for ease of reference only and do not affect interpretation;
- (j) any agreement, representation, warranty or indemnity in favour of two or more parties (including where two or more persons are included in the same defined term) is for the benefit of them jointly and severally; and
- (k) a rule of construction does not apply to the disadvantage of a party because the party was responsible for the preparation of this agreement or any part of it.