Nature and Applicability of the Terms and Conditions
Please carefully go through these terms and conditions (“Terms”) before you decide to access the eLearn section of the Shohoz SuperApp or avail the services made available on the Shohoz Website. Accepting the following terms would constitute a legal agreement (“Agreement”) between you and Shohoz Ltd (“the Company”) in connection with your use of the eLearn services on the Shohoz App and visit Shohoz website. The services may change from time to time, at the sole discretion of Shohoz, and the Agreement will apply to your visit and your use of the Shohoz SuperApp or Shohoz website to avail the Service, as well as to all information provided by you to Shohoz at any given point in time.
The Company reserves the right to modify or terminate any portion of the Agreement for any reason and at any time, and such modifications shall be informed to you in writing. You should read the Agreement at regular intervals. Your use of the Website following any such modification constitutes your agreement to follow and be bound by the Agreement so modified.
You acknowledge that your will be bound by this Agreement for availing any of the eLearn services offered by us. If you do not agree with any part of the Agreement, please do not use the Shohoz App and Shohoz Website to avail any Services. Any access to our services or application or product through registrations or subscription is non-transferrable.
Eligibility to Use
You must be 18 years of age or older to register, use the eLearning Services, or visit or use the Website in any manner. Parents or Guardian of user under the age of 18 or of disability may register or use the eLearning services or visit the website/app on the user’s behalf. By registering, visiting and using the Website or accepting this Agreement, you represent and warrant to Shohoz that your 18 years of age or older, and that you have the right, authority and capacity to use the ShohozApp and Shohoz Website and the Services available through the ShohozApp and Shohoz Website, and agree to and abide by this Agreement.
Overview of Services
The Shohoz eLearn platform is designed to offer the subscribers of the same with the opportunity to get unlimited reading access to more than one hundred eBooks from Scholastic Publishers with the Audio Reader feature with each e-book. The subscribers will also be offered with different quiz sections with each of the e-books available on the Shohoz eLearn platform. The subscribers will be granted the access to the said e-Books on two separate devices.
Warranties and Representations
- The moment you have started using the Application you expressly represent and warrant that you have attained the age of 18 (eighteen), which is the minimum age limit for accepting the instant Terms and Conditions.
- Once you avail the Services under the Application you agree that you have represented and warranted that you have the capacity and authority to use the Services under the Application and not forbidden by law to enter into the Agreement. You further confirm that all the information which you shall provide are true and accurate and you shall be responsible for any inaccurate information provided by you for which appropriate actions may be taken against you.
- You agree that you are availing the Services under this Agreement for your own personal use and in no way shall it be used for any commercial purpose.
- You agree that you would not authorize any other person or entity to use your status, or account and you shall not assign or otherwise transfer your user account to any other person or entity. You shall at all times comply with all the applicable laws of Bangladesh
- You also agree to abstain from any conduct that could possibly damage the Company's reputation.
- You agree that to access the Application using legal means and it is your responsibility to ensure that you have downloaded the appropriate software for your device.
- You agree that the Company at all times are not liable if you do not have the required handset or downloaded the incorrect version of the Software in your device.
- The Company reserves the right to terminate this Agreement should you be using the Service with an incompatible or unauthorized device or for purposes other than which the Application or Software is intended to be used.
Your use of Shohoz App, Shohoz Website and eLearning services is solely for your personal and non-commercial use. Any use of the Shohoz App, Shohoz Website or eLearning Services or their contents other than for personal purposes is prohibited. Your personal and non-commercial use of the Shohoz App, Shohoz Website and eLearning services shall be subject to the following restrictions:
- Assign, sublicense, sell, and in no way commercially exploit or make available to any third party the contents available under the eLearn platform.
- Modify the works based on the Application or Software.
- Use the application in a way that would allow viruses in the Application.
- Create internet “links” to the Application or “frame” or “mirror” the Software on any other server or wireless or internet-based device;
- Launch a program which is automated or launch web spiders, web crawlers, web robots, web ants, viruses, indexers, worms, multiple requests from server, or launch any like things that would hinder the smooth operation of the performance of the Application.
- Use any intellectual property which is the sole ownership of the Company without prior consent of the Company.
- Remove any trademark, logo, notices or anything that belongs to the Company.
- Use the eLearn services for purposes that are not permitted by: (i) the Terms of this Agreement; and (ii) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdiction; or
- Violate any of the terms specified under the Terms for the use of the ShohozApp or Shohoz Website or eLearn services and content thereunder.
- Shohoz may require you to make payment as per your selected Payment Method for the Subscription plan elected by you at the time of registration and expiry of subscription through the third-party payment gateway, if applicable. The visibility of the Subscription details can be seen through the “My Account” section of the Website and Super App. It may take a few days for your payment made to Shohoz to be reflected in your “My Account” section.
- You cannot change your Payment Method during the tenure of your Subscription. If your selected Payment Method is no longer available or expires or your Payment Method fails for whatsoever reason, you will be responsible and liable for any uncollected amounts and Shohoz reserves the right to terminate the Subscription offered to you.
- The Subscription Fee will be billed at the beginning of your membership. or at the end of free trial period, as applicable and on each subsequent renewal automatically (as per the Subscription plan chosen by you) unless and until you cancel your Subscription or the Subscription is otherwise suspended or discontinued pursuant to these Terms. To see the commencement date for your next renewal period or to cancel your subscription to the Subscription, you need to visit the “My Account” section on your profile page. On cancellation of Subscription, you will be notified by Shohoz.
- In case of change in the Subscription Fee for a particular membership plan that is already opted by you, Shohoz will give you an advance notice of these changes.
- The Subscription Fees specified for each Subscription plan are inclusive of applicable taxes. The Subscription Fees billed are non-refundable irrespective of whether the Subscription has been availed by you or not. You will not be entitled to any compensation monetary or otherwise from Shohoz for the unutilized period of subscription.
- Any changes in the Subscription Plan opted by you is effective only after the expiry of the current Subscription period for which you have already been billed. Accordingly, the Subscription as per revised plan opted by you shall be effective only after the expiry of the then current Subscription period.
- Any request for change or cancellation in any Subscription plan prior to the expiration of the current Subscription plan period will not entail You with a refund for any portion of the Subscription Fee paid by you for the unexpired period.
- You also understand and acknowledge that Shohoz only facilitates the third-party payment gateway for processing of payments. This facility is managed by the third-party payment gateway provider and you are required to follow all the terms and conditions of such third-party payment gateway provider.
- You are responsible for the accuracy and authenticity of the information provided by You, including the bank account number/credit card details and the like. You agree and acknowledge that Shohoz shall not be liable and in no way be held responsible for any losses whatsoever, whether direct, indirect, incidental or consequential, including without limitation any losses due to delay in processing of payment instruction or any credit card fraud.
- You can access the status of your Subscription anytime through the “My Account” section on the menu bar in the Super App and Accounts page on the website.
- You can file any complaint related to payment processing on the Website or Super App, and the same will be forwarded to the concerned third-party payment gateway provider for redressal.
- Upon payment through any of the payment modes, a confirmation of receipt of such payment from the payment gateway provider, an invoice will be made available to you, if applicable.
- Upon payment being received by Shohoz through any of the payment method(s), Shohoz shall make the Subscription available to you through any of the approved modes of delivery that Shohoz adopts.
- It is hereby clarified that the Subscription offered to you is by Shohoz and not by any third party including any payment gateway service providers.
- Shohoz reserves the right to change, terminate or otherwise amend the Subscription plans, Subscription Fees for the Subscription and billing cycles at its sole discretion and at any time. Such amendments shall be effective upon posting on the Website and your continued use of the Service shall be deemed to be your conclusive acceptance of such amendments.
- Shohoz reserves the right to change, supplement, alter or remove any of the Content that is subject to a Subscription Fee as it deems fit. Shohoz does not guarantee the availability of a specific Content or a minimum Content that is subject to a Subscription Fee.
- Post-Expiry of your Subscription, if you wish to extend the Subscription, you may do so from the Website and Shohoz Super App.
- You acknowledge that Shohoz will not be liable in any manner for any issue relating to above mentioned payment method.
Some of the Content made available on the Website can be availed only by registered Users who have registered under a subscription model (“Registered User”). You may need to register yourself on the Shohoz Super App, to avail these services on a subscription model (“Subscription”). To become a Registered User, you may be required to provide certain personal information to Shohoz, including sensitive personal data, and may be required to make payments “Subscription Fee” as per the applicable membership plan through a debit card, credit card, mobile financial services (MFS) or through any other payment method accepted by “Payment Method” that you opted for during registration. Shohoz will be using third party payment gateways to process and facilitate the payment of your Subscription Fee to Shohoz. On successful registration to the Subscription, Shohoz will intimate you of the same through e-mail. Shohoz may offer different kinds of Subscription plans, each of these Subscription plans being subject to different limitations and restrictions and the cost of each of these Subscription plans may vary.
Shohoz shall have the discretion to make certain Content that is a part of the Subscription available to You on more than one end user compatible system concurrently. Shohoz shall also have the discretion to make certain Content that is a part of the Subscription available to You on not more than one end user compatibility system.
Intellectual Property Ownership
The Company and its licensors, where applicable shall own all the rights, title and interest of the intellectual property which is inclusive of the Application. Software, Company name, its logo as well as that of any logo or mark of the transportation provider and any product associated with the Application. The Company shall be the sole owner with relation to matters connected with Software and Application.
For the avoidance of doubt, the term the Software and the Application herein shall include its respective components, processes and design in its entirety.
You shall be responsible for maintaining the confidentiality of the account information and for all activities that occur under your account. You agree to (a) ensure that you successfully log out from your account at the end of each session; and (b) immediately notify the Company of any unauthorized use of your account, the Company may request you to change the password or the Company may suspend your account without any liability to the Company, for such period of time as the Company deems appropriate in the circumstances. The Company shall not be liable for any loss or damage arising from your failure to comply with this provision.
Personal Data Protection
Under this Agreement you agree that the Company will be using and processing your Personal Data for the purpose of using it in the Agreement .For the purposes of this Agreement, “Personal Data” means information about you, from which you are identifiable, including but not limited to your name, identification card number, birth certificate number, passport number, nationality, address, telephone number, credit or debit card details, race, gender, date of birth, email address, any information about you which you have provided to the Company in registration forms, application forms or any other similar forms and/or any information about you that has been or may be collected, stored, used and processed by the Company from time to time and includes sensitive personal data such as data relating to health, religious or other similar beliefs.
In case you do not provide your personal data, you understand the Company will not be able to process your account in the Application and you may not be able to use the Application.
The Company may use and process your Personal Data for business and other related activities of the Company which shall include, without limitation the following (“the Purpose”):
- To perform the Company\'s obligations in respect of any contract entered into with you;
- To process your participation in any events, promotions, activities, focus groups, research studies, contests, promotions, polls, surveys or any productions organized by the Company or its partners/sponsors and to communicate with you regarding your attendance thereto.
- To validate and/or process payments pursuant to the Agreement.
- To process any refunds, rebates and/or charges pursuant to the instant Agreement.
- To facilitate or enable any checks as may be required pursuant to the Terms and Conditions herein.
- For internal administrative purposes, such as auditing, data analysis, database records.
- For purposes of detection, prevention and prosecution of crime.
- For the Company to comply with its obligations under law.
- To communicate with you.
- In case you change any personal data, for example, your e- mail address, telephone number, payment details or if you wish to cancel your account, please update your details by sending your request to the support contact details as provided in the Application. We will, to the best of our abilities, effect such changes as requested within twenty (20) working days of receipt of such notice of change. Upon submitting the information, you consent that the Company may use such information.
Upon submitting the information, you consent that the Company may use such information.
Third Party Interactions
DISCLAIMER OF WARRANTIES
THE COMPANY, SHOHOZAPP, SHOHOZ WEBSITE AND ELEAERN SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITH ALL FAULTS AND WITHOUT ANY WARRANTY OF ANY KIND. THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE COMPANY, SHOHOZAPP, SHOHOZ WEBSITE AND ELEARN SERVICES, INCLUDING WITHOUT LIMITATION, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, TIMELINESS, PERFORMANCE, COMPLETENESS, SUITABILITY AND NON-INFRINGMENT.
ADDITIONALLY, THE COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SHOHOZ WEBSITE OR THE SHOHOZAPP OR THE ELEARN SERVICES. YOUR USE OF ANY INFORMATION OR MATERIALS ON THE SHOHOZ WEBSITE OR THE SHOHOZAPP OR THE ELEARN SERVICES IS ENTIRELY AT YOUR OWN RISK, FOR WHICH SHOHOZ SHALL NOT BE LIABLE. IT SHALL BE YOUR OWN RESPONSIBILITY TO ENSURE THAT SERVICES PROVIDED BY SHOHOZ MEET YOUR SPECIFIC REQUIREMENTS.
The Company shall not be responsible for any delays, failures, damages or losses resulting from the use of the internet and electronic communications, including the device used by you being faulty, not connected, out of range, switched off, not functioning or any form of unauthorized use not permissible by Shohoz.
Limitation of Liability
- In any event, all the claim(s) brought by you against the company shall be limited to the aggregate amount of all amounts actually paid by and/or due from you in utilizing the service during the event giving rise to such claims.
- The company and/or its licensors shall never be liable to you or any third party for any direct, indirect, punitive, economic, future special, exemplary, incidental, consequential or other damages or losses of any type or kind (including personal injury of any kind including loss of life or limb(s) or serious bodily harm of any sort , emotional distress and loss of data, goods, revenue, profits, use or other economic benefits).
- In no circumstances, the company and/or its licensors shall be liable for any loss, damage or injury which may be incurred by or caused to you or to any person for whom you have booked the service for, including but not limited to loss, damage or injury arising out of, or in any way connected with the service, application and/or the software, including but not limited to the use or inability to use the service, application and/or the software, any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any customer, passenger or third party application and/or the software, even if the company and/or its licensors have been previously advised of the possibility of such damages.
- That you agree that the company shall be immune from all the responsibilities or liabilities for any damages, injuries, losses of any kind suffered by the customer or passenger, either directly or indirectly, resulting from your action(s) or omission(s) or lack of control over the vehicle or awareness of the road or any other cause that is attributable to you during the course of the service.
- The company shall never be held responsible or liable in any manner for any damage, injuries, losses of any kind suffered by you, either directly or indirectly, by the action or omission of a passenger or a customer.
- The company shall never be held responsible or liable, in any manner, for any criminal investigation by police or other law enforcement authorities, for your actions or inactions or the actions or inactions of a transport provider including but not limited to, for your breach of the representations, warranties and acknowledgements made in this Agreement and specifically those representations and warranties made by you.
- The Company shall not be liable for any error caused due to the installation of the Application which may include among others any difficulty in installation of the Application by the User, battery drainage, Wi-Fi issues, busted Bluetooth, bugs, auto reboots and other problems of this sort. The Company shall upon any complaint update the Application to facilitate its operation, however shall not be responsible for any errors that may disrupt or damage the functioning of the handset or any other electronic device where the Application has been installed.
The Company may give a general notice through the Application, or to your email address as per the records of the Company, or Registered mail or pre-paid post to your address as provided in the record of the Company. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by Registered mail or pre-paid post) or 1 hour after sending (if sent by email). You may give notice to the Company (such notice shall be deemed given when received by the Company) by letter sent by courier or registered mail to the Company using the contact details as provided in the Application.
You cannot assign or otherwise transfer your obligations under this Agreement. The Company’s right under the Agreement are freely transferable by the Company to any third parties without the requirement of seeking your consent.
Discount Terms and Conditions
- Discounts are personalized in nature and can vary by users.
- Discounts are subject to change at any point of time.
- Discounts validity can change at any point of time.
- Discounts expiry date and time is available within the App while applying the discount.
- User must apply coupon code and tap to apply coupon code to avail discount.
- User cannot apply any other coupon other than the coupon sent to them. If found otherwise, Shohoz will not be held liable for discount withdrawal.
- Shohoz reserves the right to cancel any discount coupon from any user if any suspicious activity is found.
- Shohoz will not be held liable for any coupon or discount failure due to network error
- Shohoz reserves the right to change the terms and conditions at any point of time
Shohoz reserves the right to suspend or terminate a user’s access to the ShohozApp/Website and eLearn Services with or without notice and to exercise any other remedy available under law, in case where:
- Such user breaches any terms and conditions of the Agreement;
- Any breach of any prevailing laws of Bangladesh;
- A third-party reports violation of any of its right as a result of your use of the eLearn services;
- Shohoz is unable to verify or authenticate any information provide to Shohoz by a user;
- Shohoz has reasonable grounds for suspecting any illegal, fraudulent or abusive activity on part of such user; or
- Shohoz believes in its sole discretion that user’s actions may cause legal liability for such user, other users or for Shohoz or are contrary to the interests of eLearn service provided by Shohoz.
- Usage of rude, indecent, abusive or improper or profane language, threatening, harassing, bullying, derogatory, discriminatory, defamatory, fraudulent comments, hate speech or remarks or messages communicated over the service via Shohoz App/Website to intimidate other users or any behavior which may potentially result in suspension of your account;
- You shall refrain from taking any action which is intended to, could potentially or would reasonably be expected to harm Shohoz’s reputation or lead to unwanted or unfavorable publicity of the Company.
- Any attempts to publish or send malicious content with the intent to compromise other user’s account or computer environment is strictly prohibited and may result in the suspension of your account.
- Publishing or posting other people’s private and confidential information or engaging in such activities may result in the suspension of your account.
Transfer of Information
Your consent to the sharing or transfer of any information provided by you on the Shohoz App and website to any entities or related companies or subsidiaries of Shohoz in accordance with applicable laws of Bangladesh.
Governing Law and Jurisdiction
This Agreement shall be governed by and Construed in accordance with the laws of Bangladesh. The Courts of Bangladesh shall have exclusive jurisdiction in relation to all disputes or matters arising hereunder, and the parties irrevocably submit themselves to the exclusive jurisdiction of the courts in Bangladesh, for the resolution of any disputes arising under or in connection with this Agreement.
The Company encourages amicable settlement of any conflict/s that might arise from the Agreement. For addressing any grievances, or any other issues and or transaction disputes, you are encouraged to report the same to Customer Support here [link] within 15 days of the occurrence of the incident.
If a provision of the Agreement is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue to be in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
Any failure by the Company to enforce or exercise any provision of the Agreement, or any related right, shall not constitute a waiver by the Company of that provision or right.