Terms of Use

Shohoz.com is an online ticketing service. We do not operate any buslines of our own.

  1. Shohoz.com's liabilities are limited to:
    • Issuing a valid ticket for its network of transportation operators/event organizers (“operators”).
    • Providing refund and support in the event of cancellation as per Shohoz.com’s policy
    • Our liability does not include the following:
      • The operator's vehicle/event not departing / reaching on time.
      • The bus operator's employees being rude.
      • The operator's seats etc. not being up to the customer's expectation.
      • The operator cancelling the trip, changing the type of vehicle or changing the seat.
      • The baggage of the customer getting lost / stolen /damaged.
      • The customer waiting at the wrong boarding point.
      • The operator changing the boarding point and/or using a pick-up vehicle at the boarding point to take customers to the departure point.
  2. Passengers are requested to arrive at the boarding point 30 minutes prior to bus departure. If not, the ticket is deemed cancelled.

  3. Passengers need to bring a paper copy of the ticket at boarding or they may not be allowed to board the vehicle or attend the event. Without printed copy, customers taking digital copy of the e-tickets will be at their own risk of not being being able to travel/attend the event.

  4. The operator reserves the right to cancel/delay trips/events, change vehicles/venue and change seats due to unavoidable reasons.

  5. Luggage policy is as per operator’s policies. The operator or Shohoz does not bear any consequences for the passenger carrying illegal goods.

  6. For ticket cancellation and/or refund, please read our policy and procedure here.

Communication Policy
  1. By accepting the terms and conditions the customer accepts that Shohoz.com may send the alerts to the mobile phone number provided by the customer while registering for the service or to any such number replaced and informed by the customer. The customer acknowledges that the alerts will be received only if the mobile phone is in ‘On’ mode to receive the SMS. If the mobile phone is in ‘Off’’ mode then the customer may not get / get after delay any alerts sent during such period..

  2. Shohoz.com will make best efforts to provide the service and it shall be deemed that the customer shall have received the information sent from Shohoz.com as an alert on the mobile phone number provided during the course of ticket booking and Shohoz.com shall not be under any obligation to confirm the authenticity of the person(s) receiving the alert. The customer cannot hold Shohoz.com liable for non-availability of the service in any manner whatsoever.

  3. The customer acknowledges that the SMS service provided by Shohoz.com is an additional facility provided for the customer’s convenience and that it may be susceptible to error, omission and/ or inaccuracy. In the event the customer observes any error in the information provided in the alert, Shohoz.com shall be immediately informed about the same by the customer and Shohoz.com will make best possible efforts to rectify the error as early as possible. The customer shall not hold Shohoz.com liable for any loss, damages, claim, expense including legal cost that may be incurred/ suffered by the customer on account of the SMS facility.

  4. The customer acknowledges that the clarity, readability, accuracy, and promptness of providing the service depend on many factors including the infrastructure, connectivity of the service provider. Shohoz.com shall not be responsible for any non-delivery, delayed delivery or distortion of the alert in any way whatsoever.

  5. The customer agrees to indemnify and hold harmless Shohoz.com and the SMS/email service provider including its officials from any damages, claims, demands, proceedings, loss, cost, charges and expenses whatsoever including legal charges and attorney fees which Shohoz.com and the SMS/email service provider may at any time incur, sustain, suffer or be put to as a consequence of or arising out of (i) misuse, improper or fraudulent information provided by the customer, (ii) the customer providing incorrect number/address or providing a number/address that belongs to that of an unrelated third party, and/or (iii) the customer receiving any message relating to the reservation number, travel itinerary information, booking confirmation, modification to a ticket, cancellation of ticket, change in bus schedule, delay, and/or rescheduling from Shohoz.com and/or the SMS/email service provider.

  6. By accepting the terms and conditions the customer acknowledges and agrees that Shohoz.com may call the mobile phone number/or email provided by the customer while registering for the service or to any such number/address replaced and informed by the customer, for the purpose of collecting feedback from the customer regarding their travel, the bus facilities and/or services of the bus operator.

  7. Any Coupons sent to users will have a validity of 1 week from the date a coupon was sent, unless mentioned otherwise.

Terms of Use

  1. SHOHOZ RIDES
    1. USER
      1. INTRODUCTORY
      2. SERVICES
      3. COMPANY NOT A TRANSPORTATION PROVIDER
      4. BLACKLISTING A USER
      5. WARRANTIES AND REPRESENTATIONS
      6. RESTRICTIONS
      7. PAYMENT
      8. INTELLECTUAL PROPERTY OWNERSHIP
      9. CONFIDENTIALITY
      10. PERSONAL DATA PROTECTION
      11. THIRD PARTY INTERACTIONS
      12. INDEMNIFICATION
      13. DISCLAIMER OF WARRANTIES
      14. INTERNET DELAYS
      15. LIMITATION OF LIABILITY
      16. NOTICE
      17. ASSIGNMENT
      18. DISCOUNT TERMS AND CONDITIONS
      19. MISCELLANEOUS
    2. DRIVER
      1. INTRODUCTION
      2. SERVICES
      3. THE COMPANY NOT INVOLVED INTO PROVIDING TRANSPORTATION
      4. COMPANY RESERVES THE RIGHT TO BLACKLIST
      5. WARRANTIES AND REPRESENTATIONS
      6. RESTRICTIONS
      7. PAYMENT TERMS
      8. PAYMENT BY PASSENGER
      9. TAXES
      10. CONFIDENTIALITY
      11. PERSONAL DATA PROTECTION
      12. THIRD PARTY INTERACTIONS
      13. INDEMNIFICATION
      14. DISCLAIMER OF WARRANTIES
      15. LIMITATION OF LIABILITYS
      16. NOTICE
      17. ASSIGNMENT
      18. SHOHOZ RIDES RIDERS QUEST TERMS AND CONDITIONS
      19. MISCELLANEOUS
  2. SHOHOZ FOODS
    1. SECTION 1
    2. SECTION 2
    3. SECTION 3
    4. AMENDMENTS
    5. USE OF PLATFORM AND SERVICES
    6. ACTIVITIES PROHIBITED ON THE PLATFORM
    7. HYPERLINKS
    8. ACCOUNT REGISTRATION OR USE OF THE PLATFORM
    9. BOOKINGS AND FINANCIAL TERMS
    10. CANCELLATIONS AND REFUNDS
      1. CANCELLATION
      2. REFUNDS
    11. TERMS OF SERVICE
    12. RELATIONSHIP WITH OPERATORS IF THE PLATFORM IS ACCESSED ON MOBILE DEVICES
    13. DISCLAIMERS
    14. INTELLECTUAL PROPERTY
    15. TREATMENT OF INFORMATION PROVIDED BY YOU
    16. THIRD-PARTY CONTENT
    17. NON-ASSIGNMENT
    18. GOVERNING LAW AND SEVERABILITY
    19. IP NOTICE AND TAKE DOWN POLICY
    20. CONTACT US

1. RIDES


1.1. USER


1.1.1. INTRODUCTORY

Accepting the following terms would constitute a legal Agreement between you and Shohoz Ltd (“ the Company”). Please read the terms with caution. Once you accept the instant terms and conditions, it would be deemed that the representations below have been made by you and you agree fully to such representations.

Please be informed that in order to avail the services you must agree to the Terms and Conditions that has been set out in this Agreement (“the Agreement”). The mobile application that has been supplied to you by the Company (“the Application”) and any other associated installations shall be only for the purpose of using the Application. The Terms and conditions can be updated and changed from time to time and once it is done it shall be automatically applicable on you. The responsibility on checking on the terms and conditions of the Agreement is upon you as any new updated terms shall be binding on you 1 (one) hour after it has been uploaded on the official website of Shohoz or the Application.

1.1.2. SERVICES

The Company is only liable to provide information to the Users of the Application and at no time shall be responsible for providing any transportation itself. It shall not operate as a taxi operator, transportation carrier or provider and has no responsibility or liability for any transportation services provided to the user. Basically, the Company acts as the connecting medium between the Passenger and the transportation provider. The Service of the Company only enables the User of the Application to arrange transportation services with the third party, transportation provider. The Services available to you are only for your sole personal use and shall not be used by you for any commercial purpose.

1.1.3. COMPANY NOT A TRANSPORTATION PROVIDER

The company only provides the technology which shall act as a medium connecting the passengers with the transport provider and does not provide or engage in transportation services and the company itself is not a transportation provider. The application is intended to facilitate and offer your transportation services to the respective passengers and customer.

You at all times understand that it is the third party transportation provider who is providing the transportation.It is upto the transportation provider to offer you transportation and he may reject so accordingly and the Company bears no responsibility into such rejection.

You at all times acknowledge that the Company shall not be responsible for any act or omission committed on part of the transport provider.

1.1.4. BLACKLISTING A USER

The Company at all times reserves the right to blacklist you at its sole and absolute discretion temporary as well as permanently and reject your request to use the Application for reasons it deems appropriate which can include receipt of complaints from the transport behaviour or for any misbehavior on your part. The Company would also take very seriously any complaints made by the Company's employees, law enforcement agencies, authorities of Government and any other relevant person.

1.1.5. 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 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 commercial purposes.
  • 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.
  • You agree that the Company reserves the right to terminate this Agreement upon finding that you have used the Application on an incompatible or unauthorized device or using the Application for purposes other than the one intended to be used by the Company.
  • By using the Service, you represent, warrant, undertake and agree that:

  • You shall at all times shall adhere to all the local laws.
  • You shall never you the Services for any unlawful or illegal purpose.
  • You understand and acknowledge that the Company may take up to twenty (20) working days for all identity documents to be reflected in your account or for any payments cleared to or from your account.
  • Unlawful or illegal material shall not be sent or stored through this Service and you shall not use the Service for any fraudulent purpose.
  • You shall never communicate with the transport provider other than for the purpose of the Service.
  • The operation of the network at all times shall be maintained and not hampered by you.
  • You shall refrain yourself from causing any sort of harm that would render the Application unuseable.
  • The Software shall be only used by you and not by any third party and you shall not transfer the Software to the third party.
  • You shall keep your account secured and maintain confidentiality with regards to your account password or any identification that the Company provides you in order for you to access the Service;
  • You shall always provide with proof your identity for the purpose of the Application that may be require from you from time to time.
  • You agree to provide with the correct and updated information on your part and also agree to update your information as your own responsibility. You agree that such information provided by you shall be taken by the Company as accurate.
  • You agree that all the telephonic charges involved in the Service shall be provided by you.
  • You agree that the Service is provided on a reasonable effort basis.
  • You at all times shall be responsible for any loss or damage suffered by you, the transporter provider or any third party.

1.1.6. RESTRICTIONS

You shall not

  • Assign, sublicense, sell, and in no way commercially exploit or make available to any third party the Software.
  • 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 an program which is automated or launch web spiders, web crawlers, web robots, web ants, viruses, indexers, worms , multiple requsts 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.

You may use the Software and/or the Application only for attaining the services as allowed in the Agreeement and shall not make use of the Software and/or the Application to:

  • Forward spam or in any other case, repetitive or uninvited communications.
  • Forward or keep offensive infringing, obscene, threatening, libelous, or in any other case unlawful or tortious material, including but not limited to harmful materials to infants or materials infringing any third party privacy rights.
  • Forward material containing software viruses, worms, Trojan horse viruses or any other kind of detrimental computer code, files, scripts, documents, agents or programs.
  • Hinder or hamper the integrity or performance of the Software and/or the Application and/or the information encompassed therein.
  • Try to have unauthorized access to the Software and/or the Application or its relevant systems or networks involved; or
  • Represent yourself as any person or entity or otherwise misrepresent your connection to a person or entity.

1.1.7. PAYMENT

  • Payment may be made by you to the transportation provider by cash or any other method provided in the Application.
  • Please be informed that once you have made a complete journey you shall make full payments to the transport provider and such payment shall be non-refundable, In case you have any complaints with the transportation provider, you shall deal with the transportation provider yourself.

1.1.8. 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.

1.1.9. CONFIDENTIALITY

During the term of this agreement and thereafter, any information of confidential or proprietary nature received by either party and/or their representatives, employees, agents etc. (which is not generally known to public), under and by virtue of this agreement and/or the terms and conditions of this agreement, shall be maintained in the strictest confidence and trust. The restrictions contained hereinabove shall continue to apply after the termination of Agreement for perpetuity. The instant clause shall survive the termination of the Agreement and the Parties to this Agreement are to maintain confidentiality of the information received under this Agreement for perpetuity.

The above obligations of confidentiality shall not apply to the extent that you can show that the relevant information:

  • Required by Applicable Law
  • Required by any Government Authority
  • Disclosed only to professional advisers, directors, employees of a party in connection with this agreement.
  • Or which has entered into public domain through no fault of that party.
  • In case any party is in breach of clause 10, the defaulter will be subjected to appropriate legal actions. It will be possible to avail appropriate damages, seek injunctions as to restrict the use of such information and obtain specific performance or any other appropriate remedy accordingly against the defaulter.

1.1.10. 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 yoy consent that the Company may use such information.

1.1.11. THIRD PARTY INTERACTIONS

During use of the Service, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of third party providers, advertisers or sponsors showing their goods and/or services through the Service, the Software and/or the Application. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third-party. The Company and its licensors shall have no liability, obligation or responsibility for any such correspondence, purchase, transaction or promotion between you and any such third-party. The Group does not endorse any applications or sites on the Internet that are linked through the Service, the Application and/or the Software, and in no event, shall the Company, its licensors or the Group be responsible for any content, products, services or other materials on or available from such sites or third party providers. The Company provides the Service to you pursuant to the Terms of Use. You recognize, however, that certain third party providers of transportation, goods and/or services may require your agreement to additional or different Terms of Use prior to your use of or access to such goods or services, and the Company is not a party to and disclaims any and all responsibility and/or liability arising from such agreements between you and the third party providers.

The Company may rely on third party advertising and marketing supplied through the Service and other mechanisms to subsidize the Service and/or to earn additional revenue. By agreeing to the Terms of Use you agree to receive such advertising and marketing. If you do not want to receive such advertising, you should notify us in writing or in accordance with the procedure determined by the Company. The Company reserves the right to charge you a higher fee for or deny you use of the Service should you choose not to receive these advertising services. This higher fee, if applicable, will be posted on the Company's website located at Shohoz Rides (https://Shohoz Rides.com). You agree and allow the Company to compile and release information regarding you and your use of the Service on an anonymous basis as part of a customer profie or similar report or analysis. You agree that it is your responsibility to take all precautions in all actions and interactions with any third party transportation provider, other third party providers, advertisers and/or sponsors you interact with through the Service and/or advertising or marketing material supplied through the Service.

1.1.12. INDEMNIFICATION

You agree that at all times you shall indemnify, defend and hold the Company, its employees, its licensors, subsidiaries, officers, directors, members, attorneys, employees, its agents harmless from all claims, damages or costs and any other expenses among others the following:

  • any violation by you of any of the Terms of the Agreement or any violation of law, rules and regulations
  • Any violation of any rights of third party as well as the transportation provider, pedestrians, other motorists as a result of an act or omission or negligence committed by you.
  • Your use (or misuse) of the Application and/or Software.

1.1.13. DISCLAIMER OF WARRANTIES

THE COMPANY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICE, THE APPLICATION AND/OR THE SOFTWARE.

THE COMPANY DOES NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SERVICE, THE APPLICATION AND/OR THE SOFTWARE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (E) ERRORS OR DEFECTS IN THE APPLICATION AND/OR THE SOFTWARE WILL BE CORRECTED, OR (F) THE APPLICATION OR THE SERVER(S) THAT MAKE THE APPLICATION AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (G) THE APPLICATION AND/OR THE SOFTWARE TRACKS YOU OR THE VEHICLE USED BY THE THIRD PARTY TRANSPORTATION PROVIDER. THE SERVICE IS PROVIDED TO YOU STRICTLY ON AN “AS IS” BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY EXCLUDED AND DISCLAIMED TO THE HIGHEST AND MAXIMUM EXTENT.

FURTHERMORE, THE COMPANY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE AS TO THE RELIABILITY, SAFETY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THESERVICES.

INCLUDING BUT NOT LIMITED TO THE THIRD PARTY TRANSPORTATION SERVICES OBTAINED BY OR FROM THIRD PARTIES THROUGH THE USE OF THE SERVICE, THE APPLICATION AND/OR THE SOFTWARE. YOU ACKNOWLEDGE AND AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICE, AND ANY THIRD PARTY SERVICES, INCLUDING BUT NOT LIMITED TO THE THIRD PARTY TRANSPORTATION SERVICES REMAINS SOLELY AND ABSOLUTELY WITH YOU AND YOU SHALL HAVE NO RECOURSE WHATSOEVER TO THE COMPANY.

1.1.14. INTERNET DELAYS

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 or not functioning.

1.1.15. 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.

1.1.16. NOTICE

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.

1.1.17. ASSIGNMENT

This agreement as constituted by the terms and conditions , which may be modified from time to time, cannot not be assigned by you without the prior written approval of the Company. However, the Company reserves the right to assign without your consent. Should you assign or purport to assign, such act would be regarded as violation of this agreement and such assignment shall be of no effect.

1.1.18. 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 validty can change at any point of time
  • Discounts have a minimum fare condition to apply. Details are provided within the coupon
  • Discounts expiry date and time is available within the App while applying the discount
  • For discounts with hour specific expiry time, ride has to be completed within that specific time for the discount to work. Without which otherwise, the discount will not work.
  • 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 hold 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 hold 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

1.1.19. MISCELLANEOUS

  • This Agreement shall be construed and governed by Bangladesh law, without regard to the choice or conflicts of law provisions of any jurisdiction.
  • In case of any dispute between the parties firstly they should try to settle the matter upon amicable discussion and if the matter is still unresolved then it shall be referred to arbitration. The arbitration shall be conducted at the Bangladesh International Arbitration Centre (“BIAC”) in accordance with the arbitration Rules of the BIAC as modified or amended from time to time (the “Rules”) by a sole arbitrator appointed by the mutual agreement of the parties (the “Arbitrator”). If parties are unable to agree on an arbitrator, the Arbitrator shall be appointed by the President of BIAC in accordance with the Rules. The seat and venue of the arbitration shall be Dhaka, and the language of the arbitration shall be English . The cost of the arbitration and the fees of the Arbitrator shall be borne equally by the parties, provided that the Arbitrator may require that such fees be borne in such other manner as the Arbitrator determines is required in order for this arbitration clause to be enforceable under applicable law.
  • You hereby confirm that no joint venture, partnership, employment, or agency relationship exists between you, the Company or any third-party provider as a result of this Agreement or use of the Service and that you shall not seek or enter into any joint venture, partnership, employment, or agency relationship with any third party during the tenure of this Agreement.
  • If any provision of this Agreement or any of its conditions are declared by any judicial or other competent authority to be void, voidable, illegal or otherwise unenforceable, the Parties shall amend that provision in such reasonable manner, which achieves the intention of the Parties without illegality, or at the discretion of the Parties it may be severed from this Agreement. The remaining provisions of this Agreement shall remain in full force unless the Parties decide that the effect of such declaration is to defeat the original intention of the Parties and in that case the Parties shall decide to terminate this Agreement. The Parties hereto agree that in the event of there being any delay in or indulgence shown by either of the Parties with regard to the enforcement of any of the terms of this Agreement, the same shall not be construed as a waiver on the part of the Party showing such indulgence or tolerance.
  • The Agreement comprises the entire agreement between you and the Company and supersedes all prior or contemporaneous negotiations or discussions, whether written or oral (if any) between the parties regarding the subject matter contained herein.
  • This Agreement and each other writing referred to herein or delivered pursuant hereto constitute the entire Agreement among the Parties with respect to the subject matter hereof and supersede all prior arrangements or understandings, written or oral.
  • Neither party shall be liable or responsible for delays or failures in performance resulting from acts or facts reasonably beyond the control of that party including but not limited to Acts of God, natural disaster, war, lighting, fire, storm, strikes, lockout, flood, explosion, governmental restraint, acts of terrorism. In the event of the occurrence of a force majeure event, the obligations of both parties will be suspended for the duration of the event. The parties shall resume their execution of this Agreement as soon as a Force Majeure event is no longer preventing this from being possible.

    A party whose performance of its obligations under this agreement is delayed or prevented by an event of Force Majeure:

    • shall immediately notify the other party of the nature, extent, effect and likely duration of the circumstances constituting the event of Force Majeure.
    • Shall use all reasonable endeavors to minimize the effect of the event of Force Majeure on the performance of its obligations under this agreement.
    • Shall immediately after the event of Force Majeure has ended notify the other party and resume full performance of its obligations under this agreement.
  • In the event that you are found to be in breach of any of the terms and conditions stipulated in this Agreement the Company shall be entitled to terminate this Agreement unilaterally and immediately without giving any notice. The termination of this Agreement, resulting from any breach committed by you, shall not require the Company to compensate, reimburse or cover any cost incurred by you, including but not limited to the credit reserved with the Company or any other monies paid to the Company in the course of performing your obligations under this Agreement.
    • The headings used herein are inserted only as a matter of convenience and for reference and shall not affect the construction or interpretation of this Agreement.
  • When you are using our application that incorporates our Services, we may also automatically record your Google Advertising ID (if you are using an Android device) in order to improve security, compliance and analytics purposes. The Google Advertising ID is an anonymous identifier, provided by Google Play services.

1.2. DRIVER


1.2.1. INTRODUCTION

Please read the terms with caution. Once you sign the instant document, it would be deemed that the representations below has been made by you and you agree fully to such representations. By agreeing to the terms and conditions of the instant Agreement there would form a legal agreement between you and Shohoz Ltd (“the Company”).

Please be informed that in order to avail the services you must agree to the Terms and Conditions that has been set out in this Agreement (“the Agreement”). The mobile application that has been supplied to you by the Company (“the Application”) and any other associated installations shall be only for the purpose of using the Application. The Terms and conditions can be be updated and changed from time to time and once it is done it shall be automatically applicable on you. The responsibility on checking on the terms and conditions of the Agreement is upon you as any new updated shall be binding on you 1 (one) hour after it has been uploaded on the official website of Shohoz or in the Application.

1.2.2. SERVICES

The Company is only liable to provide information to the Users of the Application and at no times shall be responsible for providing any transportation itself. It shall not operate as a taxi operator, transportation carrier or provider and has no responsibility or liability for any transportation services provided to the customers by you. Basically, the Company acts as the connecting medium between the Passenger and the transportation provider.

You agree that as soon as the terms and conditions are updated on the official website or in the Application, you shall be automatically bound by it and you should strictly adhere to such conditions as stipulated therein, whether reviewed by you or not and reviewing the updated terms shall be your responsibility.

1.2.3. THE COMPANY NOT INVOLVED INTO PROVIDING TRANSPORTATION

  • The company only provides the technology which shall act as a medium connecting the passengers with the transport provider and does not provide or engage in transportation services and the company itself is not a transportation provider. The application is intended to facilitate and offer your transportation services to the respective passengers and customer.
  • The Company at all times shall not be responsible for any act or omission, leading to criminal liability by you or your passenger.
  • It shall be your responsibility at all times that you refrain from representing yourself as an agent, employee or staff of the company, and you shall not claim or represent that the services provided by you are services of the Company.
  • You are at all times forbidden from promoting any of the application of the Competitor or give out coupon of suggest discounts to the Customers by yourself.

1.2.4. COMPANY RESERVES THE RIGHT TO BLACKLIST

The Company at all times reserves the right to blacklist you at its sole and abosolute discretion temporary as well as permanently and reject your request to use the Application for reasons it deems appropriate which can include receipt of complaints from the customer of the Service regarding the service provided by you, or for any misbehavior on your part. The Company would also take very seriously any complaints made by the Company's employees, law enforcement agencies, authorities of Government and any other relevant person. If you drive with competence lower than expected from a reasonable driver and the Company receives such a complaint, the company reserves the right to blacklist you or cancel your access to the Application.

1.2.5. 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 maximum 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 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 commercial purposes.
  • 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.
  • You agree that the Company reserves the right to terminate this Agreement upon finding that you have used the Application on an incompatible or unauthorized device or using the Application for purposes other than the one intended to be used by the Company.

By using the Service, you represent, warrant, undertake and agree that:

  • You possess a valid driver's license and are authorized to operate a motor vehicle and have all the appropriate licenses, approvals and authority to provide transportation for hire to third parties in the jurisdiction in which you use the Service.
  • You own, or have the legal right and authority to operate, the vehicle which you intend to use when accepting passengers or customers, and such vehicle is in good operating condition and meets the industry safety standards for vehicles of its kind.
  • You shall forthwith provide to the Company such information and identity documents, including but not limited to National ID Card, Driver's Licenses, vehicle registration and any other document, as reasonably requested by the Company.
  • You are at all times responsible for any or all claims, judgments from any court of law or like institutions resulting from any accident or loss or damage which is not limited to personal injuries and death. Loss of property or any injury of the passenger or you do to fault on your part or the customer shall be your sole responsibility and the Company does not bear any responsibility in this regard.
  • You shall at all times shall adhere to all the local laws in connection with the operation of your transportation and shall be solely responsible for any violations of the laws.
  • You shall never you the Services for any unlawful or illegal purpose.
  • You understand and acknowledge that the Company may take up to twenty (20) working days for all identity documents to be reflected in your account or for any payments cleared to or from your account.
  • Unlawful or illegal material shall not be sent or stored through this Service and you shall not use the Service for any fraudulent purpose.
  • You shall not use the Application and/or the Software to cause nuisance, annoyance, or any sort of inconvenience and shall refrain yourself from any false bookings.
  • You shall not use the Service, Application and/or Software for purposes other than providing the Service to the passengers.
  • You shall never communicate with the Passengers other than for the purpose of the Service.
  • The operation of the network at all times shall be maintained and not hampered by you.
  • You shall refrain yourself from causing any sort of harm that would render the Application unusable. xiv.The Software shall be only used by you and not by any third party and you shall not transfer the Software to the third party.
  • You shall keep your account secured and maintain confidentiality with regards to your account password or any identification that the Company provides you in order for you to access the Service.
  • You shall always provide with proof your identity for the piurpose of the Application that may be require from you from time to time.
  • You agree to provide with the correct and updated information on your part and also agree to update your information as your own responsibility. You agree that such information provided by you shall be taken by the Company as accurate. In case the Company finds or is aware that you have provided incorrect information, then reserves the right to cancel your Agreement with the Company at any time without notice.
  • You shall not by any means employ deceptive practices to attain financial gain on your part or enrich yourself through any promotion, campaign or encourage new subscription or usage of the Service by the passengers.
  • You agree that you shall at all times be cooperative to the law enforcing agencies in case you are alleged to show any suspicious behavior. You agree that if required you shall allow to inspect your bags or other items that may be visible.
  • You agree that all the telephonic charges involved in the Service shall be provided by you.
  • You agree that the Service is provided on a reasonable effort basis.
  • You at all times shall be responsible for any loss or damage suffered by you, the passenger or any third party without any condition and shall be liable for the breach of the instant Agreement.

1.2.6. RESTRICTIONS

You shall not

  • Assign, sublicense, sell, and in no way commercially exploit or make available to any third party the Software.
  • 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 an program which is automated or launch web spiders, web crawlers, web robots, web ants, viruses, indexers, worms , multiple requsts 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.
  • You shall also not remove any trademark, logo, notices or anything that belongs to the Company. You may use the Software and/or the Application only for providing the services as allowed in the Agreeement and shall not make use of the Software and/or the Application to:
    • Forward spam or in any other case, repetitive or uninvited communications
    • Forward or keep offensiveinfringing, obscene, threatening, libelous, or in any other case unlawful or tortious material, including but not limited to harmful materials to infants or materials infringing any third party privacy rights.
    • Forward material containing software viruses, worms, Trojan horse viruses or any other kind of detrimental computer code, files, scripts, documents, agents or programs.
    • Hinder or hamper the integrity or performance of the Software and/or the Application and/or the information encompassed therein.
    • Try to have unauthorized access to the Software and/or the Application or its relevant systems or networks involved.
    • Represent yourself as any person or entity or otherwise misrepresent your connection to a person or entity

1.2.7. PAYMENT TERMS

  • Any fees which may be charged by the Company for the Service provided, are instantly due and are non-refundable (“Service Fee”). This policy of no-refund Service Fee shall be applicable at all times even if you decide to end your usage, or we decide to end or suspend your usage, any kind of interference caused to the Service either mediated , accidental or intentional, or for any other reason whatsoever.
  • You accept that the total sum of fare paid by the passenger or customer and received by you includes the software usage fee, which you are deemed to be collecting on behalf of the company. Such software usage fee may range up to 100% of the designated fare for the service every time the passenger or customer completes a ride, which shall be determined by the sole discretion of the company from time to time.
  • When the Service Payable to the Company reaches a maximum limit determined by the company (“Service Fee Threshold”) in a single day, you have the duty , on your own accord, to deposit the Service Fee to the Company for each day in such method, and to such person, as determined by the Company from time to time. You understand the significance of this requirement and you acknowledge that you may be blacklisted for failure to comply with the aforesaid requirement and that your ability to use the Service shall be barred until due compliance is made in this regard.
  • The Company may, at its sole discretion, make promotional offers with different features and different rates to any of the Passengers or Customers whereby these promotional offers shall accordingly be honored by you. You shall not ask for any extra payment from the Passenger and abide by the fare as per the Application. The Company may determine or change the Service Fee as the Company deems in its absolute discretion as necessary or appropriate for the business.
  • The company reserves the rights to withhold payment of any rides that it considers to be suspicious. The company's decision is final in that regard.

1.2.8. PAYMENT BY PASSENGER

  • The Passenger or Customer may choose to pay for the Service by cash and where available, by mobile payments or credit card, the Company shall reimburse to you the portion of the said payment that is due to you as per these Terms and Conditions.
  • If the customer makes any complaints to the Company regarding your service, transportation or any other related matter the Company has the right to terminate the instant Agreement.
  • Cooperation is expected from you in relation to any criminal investigation by the appropriate authorities against you and you agree to assist the Company for any internal investigation.
  • The Company retains the right to suspend the processing of any transaction where it reasonably believes that the transaction may be fraudulent, illegal or involves any criminal activity or where it reasonably believes the Passenger or Customer to be in breach of the Terms and Conditions between the Passenger or Customer and the Company. In such an event, you shall not hold the Company liable for any withholding of, delay in, suspension of or cancellation of, any payment to you and shall at all times cooperate.

1.2.9. TAXES

You agree that this Agreement shall be subject to all prevailing statutory taxes, duties, fees, charges and/or costs, however denominated, as may be in force and in connection with any future taxes that may be introduced at any point of time. You further agree to use your best efforts.

The instant Agreement is subjected to all prevailing taxes, duties, fees, charges or costs, however denominated. You agree to cooperate and do everything required under the relevant laws to enable, assist and/or defend the Company to claim or verify any input tax credit, set off, rebate or refund in respect of any taxes paid or payable in connection with the Services supplied under this Agreement.

1.2.10. CONFIDENTIALITY

During the term of this agreement and thereafter, any information of confidential or proprietary nature received by either party and/or their representatives, employees, agents etc. (which is not generally known to public), under and by virtue of this agreement and/or the terms and conditions of this agreement, shall be maintained in the strictest confidence and trust. The restrictions contained hereinabove shall continue to apply after the termination of Agreement for perpetuity. The phone numbers of the Passengers and drivers shall be kept confidential and shall not be used for any other purpose but for the Services mentioned under this Agreement. The instant clause shall survive the termination of the Agreement and the Parties to this Agreement are to maintain confidentiality of the information received under this Agreement for perpetuity.

The above obligations of confidentiality shall not apply to the extent that you can show that the relevant information:

  • Required by Applicable Law.
  • Required by any Government Authority.
  • Disclosed only to professional advisers, directors, employees of a party in connection with this agreement.
  • Or which has entered into public domain through no fault of that party.
  • In case any party is in breach of clause 10, the defaulter will be subjected to appropriate legal actions. It will be possible to avail appropriate damages, seek injunctions as to restrict the use of such information and obtain specific performance or any other appropriate remedy accordingly against the defaulter.

1.2.11. 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.

Please notify the Company using the support contact details as provided in the Application in case you refuse to give consent to the Company processing your Personal Data for any of the Purposes.

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.

1.2.12. THIRD PARTY INTERACTIONS

During the use of the Service, you may enter into correspondence with, provide services to, or participate in promotions of third party, however, it should not be of any competitors doing similar line of business as of the instant Company. Such promotion shall be limited to display of written advertise which may include pasting a sticker on the veheicle, distribution of leaflets or pamphlets etc. making sure that the passenger is not disturbed or put to any discomfort for such advertisement. The Company and its licensors shall have no liability, obligation or responsibility for any such correspondence, purchase, transaction or promotion between you and any such third- party. You recognize, however, that certain third-party providers of transportation, shall require your agreement to additional or different terms and conditions prior to your use of or access to such advertisements and the Company is not a party to and disclaims any and all responsibility and/or liability arising from such agreements between you and the third-party providers. You shall at all times make sure that the advertisements are not defamatory or promotes services of competitors of the Company.

1.2.13. INDEMNIFICATION

You agree that at all times you shall indemnify, defend and hold the Company, its employees, its licensors, subsidiaries, officers, directors, members, attorneys, employees, its agents harmless a from all claims, damages or costs and any other expenses among others the following:

  • Any violation by you of any of the Terms of the Agreement or any violation of law, rules and regulations.
  • Any violation of any rights of third party as well as the passengers, pedestrians, other motorists as a result of an act or omission or negligence committed by your vehicle or the vehicle that you have control over
  • Your ownership, use or operation of a motor vehicle or passenger vehicle, including your carriage of Passengers or Customers who have procured your transportation services via the Service, or of their goods.
  • Your use (or misuse) of the Application and/or Software.

1.2.14. DISCLAIMER OF WARRANTIES

  • The company makes no representation, warranty, or guarantee as to the reliability, safety, timeliness, quality, suitability or availability of any services, including but not limited to the transportation services provided by you to customers or passengers through the use of the service, application and/or the software.
  • You acknowledge and agree that the entire risk arising out of such use of the services remains solely and absolutely with you and you shall have no recourse whatsoever against the company.
  • The company makes no representation, warranty, or guarantee as to the reliability, timeliness, quality, suitability, availability, accuracy or completeness of the services, application and/or the software.
  • The company does not represent or warrant that (a) the use of the service, application and/or the software will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data, (b) the service will meet your requirements or expectations, (c) any stored data will be accurate or reliable, (d) (e) errors or defects in the application and/or the software will be corrected, or (f) the application or the server(s) that make the application available are free of viruses or other harmful components, or (g) the application and/or the software tracks you or the vehicle used by the transportation provider. The service is provided to you strictly on an “as is” basis. All conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights, are hereby excluded and disclaimed to the highest and maximum extent.
  • 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 or not functioning.

1.2.15. LIMITATION OF LIABILITY

  • In any event, all the claim(s) brought by you against 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 passenger or customer including but not limited to, for your breach of the representations, warranties and acknowledgments made in this Agreement and specifically those representations and warranties made by you in paragraph 5 above.
  • 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.

1.2.16. NOTICE

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.

1.2.17. ASSIGNMENT

This agreement as constituted by the terms and conditions , which may be modified from time to time, cannot not be assigned by you without the prior written approval of the Company. However, the Company reserves the right to assign without your consent. Should you assign or purport to assign, such act would be regarded as violation of this agreement and such assignment shall be of no effect.

1.2.18. SHOHOZ RIDES RIDERS QUEST TERMS AND CONDITIONS

  • Rides should be valid rides, if otherwise discount payments or quest payments will not be counted for payment.
  • Quest cannot overlap peak hour quest unless communicated
  • Quests are calculated on trip time as mentioned within the quest hour. Any ride completion other than the quest time will not be counted within the quest.
  • Quest payments are to be made on banking days and only during the banking hours.
  • Quests can vary on a daily basis and thus it is subject to change
  • All Quest communications are made through SMS, any other communications other than will not be rendered valid as of now.
  • Shohoz reserves the right to hold any payments (discount/bonus) of bikers if found suspicious
  • Shohoz reserves the right to change the terms and conditions at any point of time

1.2.19. MISCELLANEOUS

  • This Agreement shall be construed and governed by Bangladesh law, without regard to the choice or conflicts of law provisions of any jurisdiction.
  • In case of any dispute between the parties firstly they should try to settle the matter upon amicable discussion and if the matter is still unresolved then it shall be referred to arbitration. The arbitration shall be conducted at the Bangladesh International Arbitration Centre (“BIAC”) in accordance with the arbitration Rules of the BIAC as modified or amended from time to time (the “Rules”) by a sole arbitrator appointed by the mutual agreement of the parties (the “Arbitrator”). If parties are unable to agree on an arbitrator, the Arbitrator shall be appointed by the President of BIAC in accordance with the Rules. The seat and venue of the arbitration shall be Dhaka, and the language of the arbitration shall be English . The cost of the arbitration and the fees of the Arbitrator shall be borne equally by the parties, provided that the Arbitrator may require that such fees be borne in such other manner as the Arbitrator determines is required in order for this arbitration clause to be enforceable under applicable law.
  • You hereby confirm that no joint venture, partnership, employment, or agency relationship exists between you, the Company or any third-party provider as a result of this Agreement or use of the Service and that you shall not seek or enter into any joint venture, partnership, employment, or agency relationship with any third party during the tenure of this Agreement.
  • If any provision of this Agreement or any of its conditions are declared by any judicial or other competent authority to be void, voidable, illegal or otherwise unenforceable, the Parties shall amend that provision in such reasonable manner, which achieves the intention of the Parties without illegality, or at the discretion of the Parties it may be severed from this Agreement. The remaining provisions of this Agreement shall remain in full force unless the Parties decide that the effect of such declaration is to defeat the original intention of the Parties and in that case the Parties shall decide to terminate this Agreement. The Parties hereto agree that in the event of there being any delay in or indulgence shown by either of the Parties with regard to the enforcement of any of the terms of this Agreement, the same shall not be construed as a waiver on the part of the Party showing such indulgence or tolerance.
  • The Agreement comprises the entire agreement between you and the Company and supersedes all prior or contemporaneous negotiations or discussions, whether written or oral (if any) between the parties regarding the subject matter contained herein.
  • This Agreement and each other writing referred to herein or delivered pursuant hereto constitute the entire Agreement among the Parties with respect to the subject matter hereof and supersede all prior arrangements or understandings, written or oral.
  • Neither party shall be liable or responsible for delays or failures in performance resulting from acts or facts reasonably beyond the control of that party including but not limited to Acts of God, natural disaster, war, lighting, fire, storm, strikes, lockout, flood, explosion, governmental restraint, acts of terrorism. In the event of the occurrence of a force majeure event, the obligations of both parties will be suspended for the duration of the event. The parties shall resume their execution of this Agreement as soon as a Force Majeure event is no longer preventing this from being possible.

    A party whose performance of its obligations under this agreement is delayed or prevented by an event of Force Majeure:

    • Shall immediately notify the other party of the nature, extent, effect and likely duration of the circumstances constituting the event of Force Majeure.
    • Shall use all reasonable endeavors to minimize the effect of the event of Force Majeure on the performance of its obligations under this agreement.
    • Shall immediately after the event of Force Majeure has ended notify the other party and resume full performance of its obligations under this agreement.
  • In the event that you are found to be in breach of any of the terms and conditions stipulated in this Agreement the Company shall be entitled to terminate this Agreement unilaterally and immediately without giving any notice. The termination of this Agreement, resulting from any breach committed by you, shall not require the Company to compensate, reimburse or cover any cost incurred by you, including but not limited to the credit reserved with the Company or any other monies paid to the Company in the course of performing your obligations under this Agreement.
    • The headings used herein are inserted only as a matter of convenience and for reference and shall not affect the construction or interpretation of this Agreement.
  • When you are using our application that incorporates our Services, we may also automatically record your Google Advertising ID (if you are using an Android device) in order to improve security, compliance and analytics purposes. The Google Advertising ID is an anonymous identifier, provided by Google Play services.


2. FOODS


2.1. SECTION 1

These terms of use (the "Terms of Use") govern your use of our website www.shohoz.com (the "Website") and our "Shohoz" application for mobile and handheld devices (the "App"). The Website and the App are jointly referred to as the "Platform". Please read these Terms of Use carefully before you use the services. If you do not agree to these Terms of Use, you may not use the services on the Platform, and we request you to uninstall the App. By installing, downloading and/or even merely using the Platform, you shall be contracting with Shohoz and you provide your acceptance to the Terms of Use and other Shohoz policies (including but not limited to the Cancellation & Refund Policy, Privacy Policy and Take Down Policy) as posted on the Platform from time to time, which takes effect on the date on which you download, install or use the Services, and create a legally binding arrangement to abide by the same.

2.2. SECTION 2

The Platform is operated and owned by Shohoz Ltd., a company incorporated under the Companies Act, 1956 and having its registered office at 18/2 Goran Chotbati, Mirpur 1, Dhaka-1216, Bangladesh. For the purpose of these Terms of Use, wherever the context so requires, "you" shall mean any natural or legal person who has agreed to become a buyer or customer on the Platform by providing Registration Data while registering on the Platform as a registered user using any computer systems. The terms "Shohoz", "we", "us" or "our" shall mean Shohoz Ltd.

2.3. SECTION 3

Shohoz enables transactions between partner restaurants/merchants and buyers, dealing in prepared/processed food and beverages ("Platform Services"). The buyers ("Buyer/s") can choose and place orders ("Orders") from variety of products listed and offered for sale by various partnered merchants including but not limited to the restaurants and eateries ("Merchant/s"), on the Platform and Shohoz enables delivery of such orders at selected, serviceable localities across Dhaka ("Delivery Services"). The Platform Services and Delivery Services are collectively referred to as "Services".

2.4. AMENDMENTS

These Terms of Use are subject to modifications at any time. We reserve the right to modify or change these Terms of Use and other Shohoz policies at any time by posting changes on the Platform, and you shall be liable to update yourself of such changes, if any, by accessing the changes on the Platform. You shall, at all times, be responsible for regularly reviewing the Terms of Use and the other Shohoz policies and note the changes made on the Platform. Your continued usage of the services after any change is posted constitutes your deemed acceptance of the amended Terms of Use and other Shohoz policies. As long as you comply with these Terms of Use, Shohoz grants you a personal, non-exclusive, non-transferable, limited privilege to access, enter, and use the Platform. By accepting these Terms of Use, you also accept and agree to be bound by the other terms and conditions and Shohoz policies (including but not limited to Cancellation & Refund Policy, Privacy Policy and Notice and Take Down Policy) as may be posted on the Platform from time to time.

2.5. USE OF PLATFORM AND SERVICES

  • All commercial/contractual terms are offered by and agreed to between Buyers and Merchants alone. The commercial/contractual terms include without limitation to price, taxes, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to products and services and after sales services related to products and services. Shohoz does not have any kind of control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between the Buyers and Merchants. Shohoz may, however, offer support services to Merchants in respect to order fulfilment, payment collection, call centre, and other services, pursuant to independent contracts executed by it with the Merchants.
  • Shohoz does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc.) of any of the Merchants. You are advised to independently verify the bona fides of any particular Merchant that you choose to deal with on the Platform and use your best judgment in that behalf. All Merchant offers and third party offers are subject to respective party terms and conditions. Shohoz takes no responsibility for such offers.
  • Shohoz neither make any representation or warranty as to specifics (such as quality, value, salability, etc.) of the products or services proposed to be sold or offered to be sold or purchased on the Platform nor does implicitly or explicitly support or endorse the sale or purchase of any products or services on the Platform. Shohoz accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
  • Shohoz is not responsible for any non-performance or breach of any contract entered into between Buyers and Merchants on the Platform. Shohoz cannot and does not guarantee that the concerned Buyers and/or Merchants shall perform any transaction concluded on the Platform. Shohoz is not responsible for unsatisfactory services or non-performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered.
  • Shohoz is operating an online marketplace and assumes and operates the role of facilitator, and does not at any point of time during any transaction between Buyer and Merchant on the Platform come into or take possession of any of the products or services offered by Merchant. At no time shall Shohoz hold any right, title or interest over the products nor shall Shohoz have any obligations or liabilities in respect of such contract entered into between Buyer and Merchant.
  • Shohoz is only providing a platform for communication and it is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between the Merchant and the Buyer only. In case of complaints from the Buyer pertaining to food efficacy, quality, or any other such issues, Shohoz shall notify the same to Merchant and shall also redirect the Buyer to the consumer call center of the Merchant. The Merchant shall be liable for redressing Buyer complaints. In the event you raise any complaint on any Merchant accessed using our Platform, we shall assist you to the best of our abilities by providing relevant information to you, such as details of the Merchant and the specific Order to which the complaint relates, to enable satisfactory resolution of the complaint.

2.6. ACTIVITIES PROHIBITED ON THE PLATFORM

The following is a partial list of the kinds of conduct that are illegal or prohibited on the Websites. Shohoz reserves the right to investigate and take appropriate legal action/s against anyone who, in Shohoz's sole discretion, engages in any of the prohibited activities. Prohibited activities include — but are not limited to — the following:

  • Using the Websites for any purpose in violation of local, state, or federal laws or regulations;
  • Posting Content that infringes the intellectual property rights, privacy rights, publicity rights, trade secret rights, or any other rights of any party;
  • Posting Content that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by Shohoz in its sole discretion or pursuant to local community standards;
  • Posting Content that constitutes cyber-bullying, as determined by Shohoz in its sole discretion;
  • Posting Content that depicts any dangerous, life-threatening, or otherwise risky behavior;
  • Posting telephone numbers, street addresses, or last names of any person;
  • Posting URLs to external websites or any form of HTML or programming code;
  • Posting anything that may be "spam," as determined by Shohoz in its sole discretion;
  • Impersonating another person when posting Content;
  • Harvesting or otherwise collecting information about others, including e-mail addresses, without their consent;
  • Allowing any other person or entity to use your identification for posting or viewing comments;
  • Harassing, threatening, stalking, or abusing any person;
  • Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Websites, or which, in the sole discretion of Shohoz, exposes Shohoz or any of its customers, suppliers, or any other parties to any liability or detriment of any type; or
  • Encouraging other people to engage in any prohibited activities as described herein.
  • Shohoz reserves the right -- but is not obligated -- to do any or all of the following:
    • Investigate an allegation that any Content posted on the Websites does not conform to these Terms of Use and determine in its sole discretion to remove or request the removal of the Content;
    • Remove Content which is abusive, illegal, or disruptive, or that otherwise fails to conform with these Terms of Use;
    • Terminate a user's access to the Websites upon any breach of these Terms of Use;
    • Monitor, edit, or disclose any Content on the Websites; and
    • Edit or delete any Content posted on the Websites, regardless of whether such Content violates these standards.
    • Shohoz Trademarks and Copyrights
  • involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or “spamming";
  • promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; solicits gambling or engages in any gambling activity which is or could be construed as being illegal;
  • infringes upon or violates any third party's rights [including, but not limited to, intellectual property rights, rights of privacy (including without limitation to unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity];
  • All trademarks, logos, and service marks displayed on the Website are registered and unregistered Trademarks of Shohoz and/or third parties who have authorized their use (collectively the "Trademarks")
  • You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify these Trademarks in any way. The use of Shohoz's trademarks on any other website is strictly prohibited. All of the materials contained on the Websites are copyrighted except where explicitly noted otherwise. Shohoz shall aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution. Shohoz neither warrants nor represents that your use of materials displayed on the Websites shall not infringe rights of third parties not owned by or affiliated with Shohoz. Use of any materials on the Websites is at your own risk. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to us on or through the Platform or any service offered on or through the Platform. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

This Websites may contain hyperlinks to third-party websites. Shohoz does not control or endorse these third-party websites or any goods or services sold on those websites. Some of these websites may contain materials that are objectionable, unlawful, or inaccurate. You acknowledge and agree that Shohoz is not in any way responsible or liable for any Content or other materials on these third party websites.

2.8. ACCOUNT REGISTRATION OR USE OF THE PLATFORM

  • You may access the Platform by registering to create an User Account (“ Shohoz Account”) and become a member/end user (“ Membership”); or (c) you can also register to join by logging into your account with certain third party social networking sites (“ SNS”) (including, but not limited to, Facebook); each such account, a “ Third Party Account”, via our Platform, as described below. The Membership is limited for the purpose and are subject to the terms, and strictly not transferable. As part of the functionality of the Platform services, you may link your Shohoz Account with Third Party Accounts, by either:
  • Providing your active, operational and valid Third Party Account login information to us through the Platform; or
  • allowing us to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account.
  • You represent that you are entitled to disclose your Third Party Account login information to us and/or grant us access to your Third Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating us to pay any fees or making us subject to any usage limitations imposed by such third party service providers.
  • By granting us access to any Third Party Accounts, you understand that we shall access, make available and store (if applicable) any content or information that you have provided to and stored in your Third Party Account ("SNS Content") so that it is available on and through the Platform via your Shohoz Account.
  • Unless otherwise specified in these Terms of Use, all SNS Content, if any, shall be considered to be your content for all purposes of these Terms of Use.
  • Depending on the Third Party Accounts, you choose, and subject to the privacy settings that you have set in such Third Party Accounts, personally identifiable information that you post to your Third Party Accounts shall be available on and through your Shohoz Account on the Platform.
  • Please note that if a Third Party Account or associated service becomes unavailable or our access to such Third Party Account is terminated by the third party service provider, then SNS Content shall no longer be available on and through the Platform.
  • We shall create your Shohoz Account for your use of the Platform services based upon the personal information you provide to us or that we obtain via an SNS, as described above. You may only have One (01) Shohoz Account and are not permitted to create multiple accounts. If it is found that you are having multiple accounts simultaneously, Shohoz reserves the right to suspend such multiple account without being liable for any compensation.
  • You agree to provide accurate, updated, current and complete information during the registration process and to update such information to keep it accurate, updated, current and complete.
  • We reserve the right to suspend and/or terminate your Shohoz Account and your access to the Services (i) if any information provided during the registration process or thereafter proves to be inaccurate, false, backdated or incomplete; (ii) if it is believed that your actions may cause legal liability to you, other users or us; and/or (iii) if you are found to be non- compliant with the Terms of Use.
  • You are solely responsible for safeguarding your password. You agree that you shall not disclose your password to any third party and that you shall take sole responsibility for any activities or actions under your Shohoz Account, whether or not you have authorized such activities or actions. You shall immediately notify us of any unauthorized use of your Shohoz Account.
  • Goods and services purchased from the Platform are intended for your personal use only and you represent that the same are not for resale, or any commercial purpose or you are not acting as an agent for other parties.

2.9. BOOKINGS AND FINANCIAL TERMS

  • The Platform allows you to place food order bookings and we shall, subject to the terms and conditions set out herein, enable prompt delivery of such order to you.
  • Shohoz does not own, sell, resell on its own and/or do not control the Merchants or the related services provided in connection thereof. You understand that any order that you place shall be subject to the terms and conditions set out in these Terms of Use including, but not limited to, product availability and delivery location serviceability.
  • As a general rule, all food orders placed and accepted by restaurants on the Platform are deemed as confirmed.
  • However, upon your successful placement/completion of booking an order, we may call you on the telephone or mobile number provided to confirm/validate the details of the order, the price to be paid and the estimated delivery time. For this purpose, you shall be required to share certain information with us, including but not limited to (i) your first and last name (ii) mobile number, location; and (iii) email address. It shall be your sole responsibility to bring any incorrect details to our attention.
  • In addition to the foregoing, we may also contact you by phone and / or email to inform and confirm any change in the order, due to availability or unavailability or change in price of the order as informed by the Merchant. Please note that the change or confirmation of the order shall be treated as final. It is further clarified that Shohoz reserves the right to not to process your order in the event you are unavailable for a significant period of time on the phone at the time we call you for confirming the order and such event the provisions of the cancellation and refund policy below shall be applicable.
  • All payments made against the purchases/services on the Platform by you shall be compulsorily in Bangladeshi Currency (BDT) acceptable all over Bangladesh. The Platform shall not facilitate transactions with respect to any other form of currency with respect to the purchases made on Platform. You can pay by (i) credit card or debit card or net banking; (ii) any other Central Bank approved payment method at the time of booking an order; or (iii) cash at the time of delivery. You understand, accept and agree that the payment facility provided by Shohoz is neither a banking nor a financial service but is merely a facilitator providing an electronic, automated online electronic payment, receiving payment on delivery, collection and remittance facility for the transactions on the Platform using the existing authorized banking infrastructure and credit card payment gateway networks. Further, by providing payment facility, Shohoz is neither acting as trustees nor acting in a fiduciary capacity with respect to the transaction or the transaction price.
  • You acknowledge and agree that we act as the Merchant’s payment agent for the limited purpose of accepting payments from you on behalf of the Merchant. Upon your payment of amounts to us, which are due to the Merchant, your payment obligation to the Merchant for such amounts is completed, and we are responsible for remitting such amounts, to the Merchant. You shall not, under any circumstances whatsoever, make any payment directly to the Merchant for Order bookings made using the Platform.
  • You agree to pay us for the total amount for the order placed by you on the Platform. We shall collect the total amount in accordance with the terms and conditions of these Terms of Use and the pricing terms set forth in the applicable menu listing for the particular Merchant. Please note that we cannot control any amount that may be charged to you by your bank related to our collection of the total amount, and we disclaim all liability in this regard.
  • In connection with your order, you shall be asked to provide customary billing information such as name, billing address and necessary credit card information either to us or our third party payment processor. You agree to pay us for the order placed by you on the Platform, in accordance with these Terms, using of the methods described under clause VII (6) above. You hereby authorize the collection of such amounts by charging the credit card provided as part of requesting the booking, either directly by us or indirectly, via a third party online payment processor or by one of the payment methods described on the Platform. If you are directed to our third-party payment processor, you may be subject to terms and conditions governing use of that third party’s service and that third party’s personal information collection practices. Please carefully review such terms and conditions and privacy policy before using the Platform services. Once your confirmed booking transaction is complete you shall receive a confirmation email summarizing your confirmed booking.
  • The final tax bill shall be issued by the Merchant to the Buyer along with the order and Shohoz is merely collecting the payment on behalf of such Merchant. All applicable taxes and levies, the rates thereof and the manner of applicability of such taxes on the bill are being charged and determined by the Merchant. Shohoz holds no responsibility for the legal correctness/validity of the levy of such taxes. The sole responsibility for any legal issue arising on the taxes shall reside with the Merchant.
  • The prices reflected on the Platform are determined solely by the Merchant and are listed based on Merchant’s information. Very rarely, prices may change at the time of placing order due to Merchant changing the menu price without due intimation and such change of price are at the sole discretion of the Merchant attributing to various factors beyond control.
  • Disclaimer: Prices on any product(s) as is reflected on the Platform may, due to some technical issue, typographical error or product information supplied by Merchant, be incorrectly reflected and in such an event Merchant may cancel your order(s).
  • The Merchant shall be solely responsible for any warranty/guarantee of the food products sold to the Buyers and in no event shall be the responsibility of Shohoz.
  • The transaction is bilateral between the Merchant and Buyer and therefore, Shohoz is not liable to charge or deposit any taxes applicable on such transaction.

2.10. CANCELLATIONS AND REFUNDS

2.10.1. CANCELLATION
  • You can cancel your order up to five (05) minutes after your order is placed on the Shohoz Platform. However if the restaurant would have started to prepare the food then no refunds or cancellation would be possible. For the avoidance of doubt, timing shall be assessed based on the point you place your order on our platform and place your call with our call-center, or send a message to our live-chat service (when available as a service). In the event of a cash-on-delivery order, your order shall be delivered as instructed and cash must be collected by the rider.
  • In case of cancellations for the reasons attributable to Shohoz or its restaurant and delivery partners, Shohoz shall not charge you any cancellation fee.
  • However, in the unlikely event of an item on your order being unavailable, we may or shall contact you on the phone number provided to us at the time of placing the order and inform you of such unavailability. In such an event you shall be entitled to cancel the entire order and shall be entitled to a refund in accordance with our refund policy.
  • We reserve the sole right to cancel your order in the following circumstance:
    • in the event of the designated address falls outside the delivery zone offered by us;
    • failure to contact you by phone or email at the time of confirming the order booking;
    • failure to deliver your order due to lack of information, direction or authorization from you at the time of delivery; or
    • unavailability of all the items ordered by you at the time of booking the order; or
    • unavailability of some items ordered by you at the time of booking the order; or
2.10.2. REFUNDS
  • You shall be entitled to a refund only if you pre-pay for your order at the time of placing your order on the Platform and only in the event of any of the following circumstances:
    • your order packaging has been tampered or damaged at the time of delivery;
    • us cancelling your order due to (A) your delivery location following outside our designated delivery zones; (B) failure to contact you by phone or email at the time of confirming the order booking; or (C) failure to contact you by phone or email at the time of confirming the order booking; or
    • you cancelling the order at the time of confirmation due to unavailability of the items you ordered for at the time of booking.
  • Our decision on refunds shall be at our sole discretion and shall be final and binding (BB Guidelines).
  • All refund amounts shall be credited to your account within 5-7 business days in accordance with the terms that may be stipulated by the bank which has issued the credit / debit card.
  • In case of payment at the time of delivery, you shall not be required to pay for:
    • orders where the packaging has been tampered or damaged by us;
    • wrong order being delivered; or
    • Items missing from your order at the time of delivery.

2.11. TERMS OF SERVICE

  • You agree and acknowledge that we shall not be responsible for:
    • The services or goods provided by the Merchant including, but not limited, serving of food orders suiting your requirements and needs;
    • The Merchant's services or goods not being up to your expectations or leading to any loss, harm or damage to you;
    • The availability or unavailability of certain items on the menu; or
    • The Merchant serving the incorrect orders.
  • The details of the menu and price list available on the Platform are based on the information provided by the Merchants and we shall not be responsible for any change or cancellation or unavailability.
  • You may not be able to avail our Services if your delivery location is outside our current scope of Service. We shall keep you informed of the same at the time of confirming your order booking.
  • You understand that delivery periods quoted to you at the time of confirming the order is an approximate estimate and may vary. We shall not be responsible for any delay in the delivery of your order.
  • You order shall be only delivered to the address designated by you at the time of placing the order on the Platform. We reserve the right to cancel the order, in our sole discretion, in the event of any change to the place of delivery and you shall not be entitled to any refund for the same. Delivery in the event of change of the delivery location shall be at our sole discretion and reserve the right to charge with additional delivery fee if required.
  • You shall undertake to provide adequate directions, information and authorizations to accept delivery. In the event of any failure to accept delivery, failure to deliver within the estimated time due to your failure to provide appropriate instructions, or authorizations, then such goods shall be deemed to have been delivered to you and all risk and responsibility in relation to such goods shall pass to you and you shall not be entitled to any refund for the same. Our decision in relation to this shall be final and binding.
  • You understand that our liability ends once your order has been delivered to you.
  • Services provided:
    • You confirm that we shall not be responsible for any deficiency in payment of consideration payable towards the goods purchased from the Services.
    • Each purchase on the Service shall contain necessary instructions to redeem the Services. The terms of the Services shall be governed by these Terms of Use and any other terms as set out in such document confirm such sale of Service. You shall not be entitled to receive any credit, refund or cash back for the value of the goods sold if you fail to redeem the goods within the expiry date or in accordance with the terms therein.
    • You agree and acknowledge that neither us nor the Merchant shall be liable in the event of you failing to adhere to the Terms of Use.
    • You might be required to provide your credit or debit card details to the approved payment gateways while making the payment. In this regard, you agree to provide correct and accurate credit/ debit card details to the approved payment gateways for availing the Services. You shall not use the credit/ debit card which is not lawfully owned by you, i.e. in any transaction, you must use your own credit/ debit card. The information provided by you shall not be utilized or shared with any third party unless required in relation to fraud verifications or by law, regulation or court order. You shall be solely responsible for the security and confidentiality of your credit/ debit card details. We expressly disclaim all liabilities that may arise as a consequence of any unauthorized use of your credit/ debit card.
  • We do not offer any refunds against goods already purchased from the Platform unless an error that is directly attributable to us has occurred during the purchase of such product or services.
  • We constantly strive to provide you with accurate information on the Platform. However, in the event of an error, we may, in our sole discretion, contact you with further instructions.
  • If you use the Platform, you do the same at your own risk.
  • You agree that the Services shall be provided by us only during the working hours of the relevant Merchants.
  • No endorsement.
  • We do not endorse any Merchant. In addition, although these Terms of Use require you to provide accurate information, we do not attempt to confirm, and do not confirm if it is purported identity. We shall not be responsible for any damage or harm resulting from your interactions with other Members.
  • By using the Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties shall be limited to a claim against the particular Members or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from us with respect to such actions or omissions.
  • All Menu & Food Images used on our platforms are only representative and shall/might not match with the actual Menu/Food Ordered, Shohoz shall not be responsible or Liable for any discrepancies or variations on this aspect.

2.12. RELATIONSHIP WITH OPERATORS IF THE PLATFORM IS ACCESSED ON MOBILE DEVICES

  • In the event the Platform is accessed on a mobile device, it is not associated, affiliated, sponsored, endorsed or in any way linked to any platform operator, including, without limitation, Apple, Google, Android or RIM Blackberry (each being an "Operator").
  • Your download, installation, access to or use of the Platform is also bound by the terms and conditions of the Operator.
  • You and we acknowledge that these Terms of Use are concluded between you and us only, and not with an Operator, and we, not those Operators, are solely responsible for the Platform and the content thereof to the extent specified in these Terms of Use.
  • The license granted to you for the Platform is limited to a non-transferable license to use the Platform on a mobile device that you own or control and as permitted by these Terms of Use.
  • We are solely responsible for providing any maintenance and support services with respect to the Platform as required under applicable law. You and we acknowledge that an Operator has no obligation whatsoever to furnish any maintenance and support services with respect to the Platform.
  • You and we acknowledge that we, not the relevant Operator, are responsible for addressing any claims of you or any third party relating to the Platform or your possession and/or use of the Platform, including, but not limited to: (i) any claim that the Platform fails to conform to any applicable legal or regulatory requirement; and (ii) claims arising under consumer protection or similar legislation.
  • You and we acknowledge that, in the event of any third-party claim that the Platform or your possession and use of the Platform infringes that third party’s intellectual property rights, we, not the relevant Operator, shall be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
  • You must comply with any applicable third-party terms of agreement when using the Platform (e.g. you must ensure that your use of the Platform is not in violation of your mobile device agreement or any wireless data service agreement).
  • You and we acknowledge and agree that the relevant Operator, and that Operator’s subsidiaries, are third party beneficiaries of these Terms of Use, and that, upon your acceptance of these Terms of Use, that Operator shall have the right (and shall be deemed to have accepted the right) to enforce these Terms of Use against you as a third party beneficiary thereof.

2.13. DISCLAIMERS

  • The platform may/shall be under constant upgrades, and some functions and features may not be fully operational at time/s.
  • Due to the vagaries that can occur in the electronic distribution of information and due to the limitations inherent in providing information obtained from multiple sources, there may be delays, omissions, or inaccuracies in the content provided on the platform or delay or errors in functionality of the platform. As a result, we do not represent that the information posted is correct in every case.
  • We expressly disclaim all liabilities that may arise as a consequence of any unauthorized use of credit/ debit cards.
  • You acknowledge that third party services are available on the platform. We may have formed partnerships or alliances with some of these third parties from time to time in order to facilitate the provision of certain services to you. However, you acknowledge and agree that at no time are we making any representation or warranty regarding any third party's services nor shall we be liable to you or any third party for any consequences or claims arising from or in connection with such third party including, and not limited to, any liability or responsibility for, death, injury or impairment experienced by you or any third party. You hereby disclaim and waive any rights and claims you may have against us with respect to third party's / merchants services.
  • Shohoz disclaims all liability that may arise due to any violation of the food safety and standards act, and applicable rules and regulations made thereunder and such liability shall be attributable to the merchant.
  • While the materials provided on the platform were prepared to provide accurate information regarding the subject discussed, the information contained in these materials is being made available with the understanding that we make no guarantees, representations or warranties whatsoever, whether expressed or implied, with respect to professional qualifications, expertise, quality of work or other information herein. Further, we do not, in any way, endorse any service offered or described herein. In no event shall we be liable to you or any third party for any decision made or action taken in reliance on such information.
  • The information provided hereunder is provided “as is”. We and / or our employees make no warranty or representation regarding the timeliness, content, sequence, accuracy, effectiveness or completeness of any information or data furnished hereunder or that the information or data provided hereunder may be relied upon. Multiple responses may usually be made available from different sources and it is left to the judgement of users based on their specific circumstances to use, adapt, modify or alter suggestions or use them in conjunction with any other sources they may have, thereby absolving us as well as our consultants, business associates, affiliates, business partners and employees from any kind of professional liability.
  • We shall not be liable to you or anyone else for any losses or injury arising out of or relating to the information provided on the platform. In no event shall we or our employees, affiliates, authors or agents be liable to you or any third party for any decision made or action taken by your reliance on the content contained herein.
  • In no event shall we be liable for any damages (including, without limitation, direct, indirect, incidental, special, consequential or exemplary damages, damages arising from personal injury/wrongful death, and damages resulting from lost profits, lost data or business interruption), resulting from any services provided by any third party or merchant accessed through the platform, whether based on warranty, contract, tort, or any other legal theory and whether or not we are advised of the possibility of such damages.

2.14. INTELLECTUAL PROPERTY

  • We are either the owner of intellectual property rights or have the non-exclusive, worldwide, perpetual, irrevocable, royalty free, sub-licensable (through multiple tiers) right to exercise the intellectual property, in the Platform, and in the material published on it.
  • You may print off one copy, and may download extracts, of any page(s) from the Platform for your personal reference and you may draw the attention of others within your organization to material available on the Platform.
  • You must not modify and/or edit the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
  • You must not use any part of the materials on the Platform for commercial purposes without obtaining a license to do so from us or our licensors.
  • If you print off, copy or download any part of the Platform in breach of these Terms of Use, your right to use the Platform shall cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

2.15. TREATMENT OF INFORMATION PROVIDED BY YOU

We process information provided by you to us in accordance with our Privacy Policy.

2.16. THIRD-PARTY CONTENT

  • We cannot and shall not assure that other users are or shall be complying with the foregoing rules or any other provisions of these Terms of Use, and, as between you and us, you hereby assume all risk of harm or injury resulting from any such lack of compliance.
  • You acknowledge that when you access a link that leaves the Platform, the site you shall enter into is not controlled by us and different terms of use and privacy policy may apply. By assessing links to other sites, you acknowledge that we are not responsible for those sites. We reserve the right to disable links to and / or from third-party sites to the Platform, although we are under no obligation to do so.

2.17. NON-ASSIGNMENT

You shall not assign or transfer or purport to assign or transfer the contract between you and us to any other person.

2.18. GOVERNING LAW AND SEVERABILITY

These Terms of Use shall be governed by and construed in accordance with the laws of Bangladesh, without regard to its conflict of laws rules. You expressly agree that the exclusive jurisdiction for any claim or dispute under the Terms of Use and or your use of the Websites resides in the courts of Bangladesh, and you further expressly agree to submit to the personal jurisdiction of such courts for the purpose of litigating any such claim or action.

If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any provision in these Terms of Use shall be deemed a further or continuing waiver of such provision or any other provision.

2.19. IP NOTICE AND TAKE DOWN POLICY

  • Shohoz has put in place IP Notice and Take Down Policy ("Take Down Policy") so that intellectual property owners could easily report listings that infringe their right to ensure that infringing products are removed from the site, as they erode Buyer and goods Seller trust.
  • Only the intellectual property rights owner can report potentially infringing products or listings through Take Down Policy by way of Notice of infringement in the specified format. If you are not the intellectual property rights owner, you can still help by getting in touch with the rights owner and encouraging them to contact us.

(Note: Shohoz does not and cannot verify that Merchants have the right or ability to sell or distribute their listed products. However, Shohoz is committed ensure that item listings do not infringe upon intellectual property rights of third parties once an authorized representative of the rights owner properly reports them to Shohoz.)

2.20. CONTACT US

Please contact us for any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Platform.

Terms & Conditions