1. ACCEPTANCE OF TERMS
"Shomadhan.com" is defined as the Shomadhan.com entity described above, as relevant according to your country of access.
4. LICENSE TO ACCESS
5. ADDITIONAL POLICIES
Membership and Accessibility
6. MEMBERSHIP ELIGIBILITY CRITERIA
Use of the Web/Mobile Apps is available only to individuals who are at least 18 years old and can form legally binding contracts under applicable law. You represent, acknowledge and agree that you are at least 18 years of age, and that: (a) all registration information that you submit is truthful and accurate, (b) you will maintain the accuracy of such information, and (c) your use of the Web/Mobile Apps and Services offered through this Web/Mobile Apps do not violate any applicable law or regulation. Your Account (defined below) may be terminated without warning if we believe that you are under the age of 18 or that you are not complying with any applicable federal, state or local laws, rules or regulations.
You need not register with Shomadhan.com to simply visit and view the Web/Mobile Apps, but to access and participate in certain features of the Web/Mobile Apps; you will need to create a password-protected account (“Account”). To create an account, you must submit your name and email address through the account registration page on the Web/Mobile Apps and create a password. You will also have the ability to provide additional optional information, which is not required to register for an account but may be helpful to Shomadhan.com in providing you with more a more customized experience when using the Web/Mobile Apps. You may also register for an Account using your existing Facebook account and log-in credentials (your “Third-Party Site Password”).
You are solely responsible for safeguarding your Shomadhan.com password and, if applicable, your Third-Party Site Password (collectively, “Passwords”) at all times and shall keep your Passwords secure at all times. You shall be solely responsible for all activity that occurs on your Account and you shall notify Shomadhan.com immediately of any breach of security or any unauthorized use of your Account. Similarly, you shall never use another’s Account without permission. You agree that you will not misrepresent yourself or represent yourself as another user of the Web/Mobile Apps and/or the Services offered through the Web/Mobile Apps. You hereby acknowledge and agree that Shomadhan.com will not be liable for your losses caused by an unauthorized use of your Account. Notwithstanding the foregoing, you may be liable for the losses of Shomadhan.com or others due to such unauthorized use. An Account holder is sometimes referred to herein as a “Registered User.”
You acknowledge and agree that you shall comply with the following policies (the “Account Policies”):
You will not copy or distribute any part of the Web/Mobile Apps in any medium without
Shomadhan.com prior written authorization.
- You will not alter or modify any part of the Web/Mobile Apps other than as may be reasonably necessary to use the Web/Mobile Apps for its intended purpose.
- You will provide accurate and complete information when creating your Account.
- You shall not use any automated system, including but not limited to, “robots,” “spiders,” “offline readers,” “scrapers,” etc., to access the Web/Mobile Apps for any purpose without Shomadhan.com prior written approval.
- You shall not in any manual or automated manner collect Service partners/Professionals or Service Users information, including but not limited to, names, addresses, phone numbers, or email addresses, copying copyrighted text, or otherwise misuse or misappropriate Web/Mobile Apps information or content, including but not limited to, use on a “mirrored”, competitive, or third party site.
- You shall not in any way that transmits more request messages to the Shomadhan.com servers, or any server of a Shomadhan.com subsidiary or affiliate, in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser; provided, however, that the operators of public search engines may use spiders or robots to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such material. Shomadhan.com reserves the right to revoke these exceptions either generally or in specific cases.
You shall not recruit, solicit, or contact in any form Service partners/Professionals or Service Users for employment or contracting for a business not affiliated with Shomadhan.com without express written permission from
- You shall not take any action that (i) unreasonably encumbers or, in Shomadhan.com sole discretion, may unreasonably encumber the web/Mobile Apps infrastructure; (ii) interferes or attempts to interfere with the proper working of the web/Mobile Apps or any third-party participation in the web/Mobile Apps; or (iii) bypasses Shomadhan.com measures that are used to prevent or restrict access to the web/Mobile Apps.
- You agree not to collect or harvest any personally identifiable data, including without limitation, names or other Account information, from the web/Mobile Apps, nor to use the communication systems provided by the web/Mobile Apps for any commercial solicitation purposes.
If you do not meet, or are unable to comply with, any of the above-referenced membership eligibility criteria or Account Policies, please do not use the web/Mobile Apps. Should Shomadhan.com find that you violated the terms of the membership eligibility criteria or any other terms stated herein, Shomadhan.com reserves the right, at its sole discretion, to immediately terminate your use of the Web/Mobile Apps.
7. PROHIBITIONS ON SUBMITTED CONTENT
You shall not upload, post, transmit, transfer, disseminate, distribute, or facilitate distribution of any content, including text, images, video, sound, data, information, or software, to any part of the Web/Mobile Apps, including your profile (“Profile”), the posting of your Service (“Offer”), the posting of your desired Service (“Want”), or the posting of any opinions or reviews in connection with the Web/Mobile Apps, the Service, the Service Partner/Professional, or the Service User (“Feedback”) (all of the foregoing content is sometimes collectively referred to herein as “Submitted Content” and the posting of Submitted Content is sometimes referred to as a “Posting” or as “Postings”) that:
- invades anyone’s privacy by attempting to harvest, collect, store, or publish private or personally identifiable information, such as names, email addresses, phone numbers, passwords, account information, credit card numbers, home addresses, or other contact information without their knowledge and willing consent;
- contains falsehoods or misrepresentations that could damage Shomadhan.com or any third party;
- is pornographic, harassing, hateful, illegal, obscene, defamatory, libelous, slanderous, threatening, discriminatory, racially, culturally or ethnically offensive; incites, advocates, or expresses pornography, obscenity, vulgarity, profanity, hatred, bigotry, racism, or gratuitous violence; encourages conduct that would be considered a criminal offense, give rise to civil liability or violate any law; promotes racism, hatred or physical harm of any kind against any group or individual; contains nudity, violence or inappropriate subject matter; or is otherwise inappropriate;
- is copyrighted, protected by trade secret or otherwise subject to third-party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from the rightful owner to post the material and to grant Shomadhan.com all of the license rights granted herein;
- contains or promotes an illegal or unauthorized copy of another person’s copyrighted work, such as pirated computer programs or links to them, information to circumvent manufacturer installed copy-protection devices, pirated music or links to pirated music files, or lyrics, guitar tabs or sheet music, works of art, teaching tools, or any other item the copy, display, use, performance, or distribution of which infringes on another’s copyright, intellectual property right, or any other proprietary right;
- is intended to threaten, stalk, defame, defraud, degrade, victimize, or intimidate an individual or group of individuals for any reason on the basis of age, gender, disability, ethnicity, sexual orientation, race, or religion; or to incite or encourage anyone else to do so;
- intends to harm or disrupt another user’s computer or would allow others to illegally access software or bypass security on Web/Mobile Apps for servers, including but not limited, to spamming; impersonates, uses the identity of, or attempts to impersonate a Shomadhan.com employee, agent, manager, host, another user, or any other person though any means;
- advertises or solicits a business not related to or appropriate for the Web/Mobile Apps (as determined by Shomadhan.com in its sole discretion);
- contains or could be considered “junk mail”, “spam”, “chain letters”, “pyramid schemes”, “affiliate marketing”, or unsolicited commercial advertisement;
- contains advertising for ponzi schemes, discount cards, credit counseling, online surveys or online contests;
- distributes or contains viruses or any other technologies that may harm Shomadhan.com, or the interests or property of Shomadhan.com users;
- is non-local or irrelevant content;
- Contains identical content to other open Postings you have already posted; or uses any form of automated device or computer program that enables the submission of Postings without the express written consent of Shomadhan.com
8 PROHIBITIONS ON SENDING MESSAGES
You will not send messages to other users containing:
- offers to make national or international money transfers for amounts exceeding the asking price of a service, with intent to request a refund of any portion of the payment; or
- Unsolicited advertising or marketing of a service not offered on the Web/Mobile Apps or an external Web/Mobile Apps.
9 NO DISCRIMINATION
Employment Postings: Federal, state and local laws prohibit employment postings with any preference, limitation or discrimination based on race, color, religion, sex, national origin, age, handicap or other protected class. Shomadhan.com will not knowingly accept any Posting for employment which is in violation of the law. Shomadhan.com has the right, in its sole discretion and without prior notice to you, to immediately remove any employment Posting that discriminates or is any way in violation of any federal, state, or local law.
10 PROHIBITIONS WITH RESPECT TO SERVICES
While using the Web/Mobile Apps, you shall not:
- post content or items in any inappropriate category or areas on the Web/Mobile Apps;
- fail to deliver payment for Services purchased by you, unless the Service Partner/Professional has materially changed the description of the Service description after you negotiate an agreement for such Service, a clear typographical error is made, or you cannot authenticate the Service Partners/Professional’s identity;
- fail to perform Services purchased from you, unless the Service User fails to materially meet the terms of the mutually agreed upon agreement for the Services, refuses to pay, a clear typographical error is made, or you cannot authenticate the Service User’s identity; manipulate the price of any Service or interfere with other users’ Postings;
- circumvent or manipulate our fee structure, the billing process, or fees owed to Shomadhan.com; post false, inaccurate, misleading, defamatory, or libelous content (including personal information about any Web/Mobile Apps user);
- take any action that may undermine the Feedback or ratings systems (such as displaying, importing or exporting Feedback information off of the Web/Mobile Apps or using it for purposes unrelated to the Web/Mobile Apps);
As a participant in the Web/Mobile Apps, you agree to use careful, prudent, and good judgment when leaving Feedback for another user. The following actions constitute inappropriate uses of Feedback: (a) threatening to leave negative or impartial Feedback for another user unless that user provides services not included in the original Posting or not agreed to as part of the Service to be provided; (b) leaving Feedback in order to make the Service Professional or Service User appear better than he or she actually is or was; and (c) including conditions in an Offer or Want that restrict a Service Professional or a Service User from leaving Feedback.
11.1 Sanctions for Inappropriate Use of Feedback.
If you violate any of the above-referenced rules in connection with leaving Feedback, Shomadhan.com in its sole discretion, may take any of the following actions: (i) cancel your Feedback or any of your Postings; (ii) limit your Account privileges; (iii) suspend your Account; and/or (iv) decrease your status earned via the Feedback page.
11.2 Reporting Inappropriate Use of Feedback.
You may contact Shomadhan.com regarding any inappropriate use of Feedback via-email at
11.3 Resolving Disputes in Connection with Feedback.
In the event of any dispute between users of the Web/Mobile Apps concerning Feedback, Shomadhan.com shall be the final arbiter of such dispute. Further, in the event of any dispute between users of the web/mobile apps concerning feedback, shomadhan.com has the right, in its sole and absolute discretion, to remove such feedback or take any action it deems reasonable without incurring any liability therefor.
The foregoing lists of prohibitions provide examples and are not complete or exclusive. Shomadhan.com reserves the right to (a) terminate your access to your Account, your ability to post to this Web/Mobile Apps (or the Services) and (b) refuse, delete or remove, move or edit the content, in whole or in part, of any Postings; with or without cause and with or without notice, for any reason or no reason, or for any action that Shomadhan.com determines is inappropriate or disruptive to this Web/Mobile Apps or to any other user of this Web/Mobile Apps and/or Services. Shomadhan.com reserves the right to restrict the number of emails or other messages that you are allowed to send to other users to a number that Shomadhan.com deems appropriate in Shomadhan.com sole discretion. Shomadhan.com may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at Shomadhan.com discretion, Shomadhan.com will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Web/Mobile Apps or on the Internet. Shomadhan.com does not and cannot review every Posting posted to the Web/Mobile Apps. These prohibitions do not require Shomadhan.com to monitor police or remove any Postings or other information submitted by you or any other user.
Rules for Service Professionals
12 PROFILES AND OFFERS MUST NOT BE FRAUDULENT
13 PROFILES AND OFFERS CANNOT USE TECHNIQUES TO AVOID OR CIRCUMVENT SHOMADHAN.COM FEES
14 PROFILES AND OFFERS MUST PROMOTE A FAIR PLAYING FIELD AND PROVIDE A SAFE, SIMPLE, AND POSITIVE EXPERIENCE FOR ALL WEB/MOBILE APPS USERS
15 SANCTIONS FOR VIOLATING ANY OF THE RULES FOR SERVICE PROFESSIONALS
If a Service Partners/Professional violates any of the above-referenced rules in connection with his or her Posting, Shomadhan.com, in its sole discretion, may take any of the following actions: (a) cancel the Posting; (b) limit the Service Partners/Professional’s Account privileges; (c) suspend the Service Professional’s Account; (d) cause the Service Professional to forfeit any fees earned on a cancelled Posting; and/or (e) decrease the Service Partners/Professional’s status earned via the Feedback page.
Rules for Service Users
16 SERVICE USERS SHALL NOT TAKE ANY OF THE FOLLOWING ACTIONS
(a) commit to purchasing or using a Service without paying; (b) sign up for, negotiate a price for, use, or otherwise solicit a Service with no intention of following through with your use of or payment for the Service; (c) agree to purchase a Service when you do not meet the Service Partners/Professional’s terms as outlined in the Posting, or agree to purchase a Service with the intention of disrupting a Posting; or (d) misuse any options made available now or in the future by Shomadhan.com in connection with the use or purchase of any Service.
17 SANCTIONS FOR VIOLATING ANY OF THE RULES FOR SERVICE USERS
If a Service User violates any of the above-referenced rules in connection with his or her Posting, Shomadhan.com, in its sole discretion, may take any of the following actions: (a) cancel the Posting; (b) limit the Service User’s Account privileges; (c) suspend the Service User’s Account; and/or (d) decrease the Service User’s status earned via the Feedback page.
Disclaimer and Warranties for SERVICE USERS
18 NO SPARE PARTS WARRANTY
Shomadhan.com warranty does not extend to any spare parts used in the completion or delivery of the service provided by the service Partners/Professional’s. The service users can purchase required spare parts on their own or engage the service Partners/Professional’s to acquire the spare parts. In any case, the service Partners/Professional’s or Shomadhan.com will not be held responsible for the quality or price of the spare parts. The service charge has to be paid in full to the service provider and cannot be held back due to any issues related with spare parts.
19 CLAIM RAISE WITHIN WARRANTY PERIOD
Service user has to raise claim within the warranty period of concerned type of service. Any claim raise after the warranty period will be treated as repeat order. As per the order Shomadhan.com will take care under service warranty
20 DOCUMENT SUPPORT TO RAISE A CLAIM
For packers and Movers, Electronics appliance, laptops and other electronic gadgets, it is service user’s responsibility to sign the agreed list of final order list provided by the service Partners/Professional’s. Unless the service user can produce a final order list signed by the service Partners/Professional’s, Shomadhan.com will not take any responsibility of settling the dispute between the service user and service Partners/Professional’s. Shomadhan.com specially encourages service users to clearly mention details of any item handed over to service Partners/Professional’s or his representatives in the final order list to avoid any confusion or misunderstanding
21 MARKETPLACE DISCLAIMER AND RESPONSIBILITY
Shomadhan.com is a marketplace where service users can find different service Partners/Professional’s offering their services at various prices. The service providers (Partners/Professional’s) are responsible for the quality of service as per order specifications provided by the service users. All service users placing orders through Shomadhan.com are responsible for clarifying the requirements and expectations with individual service Partners/Professional’s at the time of processing orders. Shomadhan.com is not liable for the quality of service or any non-performance by service providers after the order has been placed.
22 DISPUTE SETTLEMENT TIMELINE
Shomadhan.com aims to settle any dispute within 2 days from raising the complaint. Here Shomadhan.com will play the role of a marketplace to resolve the dispute issue between service user and service provider (Partner/Professional). If the stakeholders fails to respond to Shomadhan.com proposal or communication regarding dispute settlement within 2 days, Shomadhan.com has the right to resolve the dispute if sees fit.
23 DISPUTE COVERAGE
However, under certain circumstances, Shomadhan.com can choose to compensate the platform users for poor service delivery by service providers. The extent of this compensation is limited to 10% of order value or BDT 5000 whichever is lower. This compensation will be provided in the form of free future service coupon against the dispute case. Decision will be taken by Shomadhan.com support management team after proper investigation of the dispute.
24 SHOMADHAN.COM PANEL
Shomadhan.com is highly committed to create a high-performance team of Service experts which shall include General Service Partners/Professionals and Preferred Service Partners/Professionals. Preferred Service experts are selected based on key criteria: on time, quality service, cost, flexibility, delivery, service and innovation.
Preferred Service Partners/Professionals should be able to accept 90% of the jobs Order that assigned to them which meet the agreed criteria such as location of the jobs and the types of the jobs order. Upon acceptance of the order, Preferred Service Partners/Professionals are required to fulfill the job requests according to the schedule time and date which subject to the size of job and customer availability. Preferred Service Partners/Professionals are required to respond to the Shomadhan.com agent within 30 minutes after accepting the job order request. The average ratings of PSP must not drop below 4.5 stars which evaluated based on punctuality, workmanship, after service support and professionalism.
24.2 Commission and Payouts
Preferred Service Partners/Professionals may be provided confirmed job opportunities directly from customer or user, and in this instances Shomadhan.com will take a commission for confirmed jobs facilitated. Commissions will be paid for by either of the following means:
24.2.1 Invoice Based Commissions:
The commission that will be paid to Shomadhan.com will be calculated based on an agreed/fixed percentage of the total service charge according to invoice. In this instance, service charge of the services provided must be clearly detailed on the invoices.
24.2.2 Pay Out after Job Completion:
Shomadhan.com shall receive commission for the full cost of a confirmed job on behalf of a Preferred Service Partner/Professional. Shomadhan.com will retain a facilitation fee, and pay the remaining amount to the Preferred Service Partner/Professional after satisfactory completion of a job, at schedules determined by Shomadhan.com from time to time.
24.2.3 Invoicing and Payment Process
Where amounts are owed by a Preferred Service Partners/Professionals, Shomadhan.com will provide the invoice to Preferred Service Partners/Professionals on instant basis. Upon receiving the invoice, the payment shall be made within a day from the date of the invoice. Preferred Service Partners/Professionals are required to make the payment in cash on delivery as well as through online banking, mobile financial service, credit card and wire transfer to the bank account or mobile number notified to the Preferred Service Partner/Professional. In the event that there is any problem with regards to the invoices and payments, Preferred Service Partner/Professionals must contact Shomadhan.com promptly by email at
24.2.4 Best Practice
- Preferred Service Partners/Professionals shall at all times be polite to the customers.
- Preferred Service Partners/Professionals shall be on time for all the appointments. Preferred Service Partners/Professionals shall provide an estimate time of arrival to the customers and arrive 15 minutes earlier prior to the appointment time. In cases of urgency/emergency, Preferred Service Partners/Professionals shall immediately contact the Shomadhan.com Support Team.
- Preferred Service Partners/Professionals shall provide experts after services follow up upon completion of any of the job requests.
- Preferred Service Partners/Professionals shall at all times provide transparent pricing to the respective customers with regards to the services that they are providing. In the event that any extra services or extra charges are or may be incurred, PSP shall first obtain the customer’s approval before charging any additional fees.
Use of Submitted Content
25 NO CONFIDENTIALITY
The Web/Mobile Apps may now or in the future permit the submission of videos or other communications submitted by you and other users, including without limitation, your Profile, your Profile picture, your Offer, your Wants, any Feedback, and all Submitted Content, and the hosting, sharing, and/or publishing of such Submitted Content. You understand that whether or not such Submitted Content is published, Shomadhan.com does not guarantee any confidentiality with respect to any Submitted Content. You agree that any Submitted Content provided by for which you authorize to be searchable by Registered Users who have access to the Web/Mobile Apps is provided on a non-proprietary and no confidential basis. You agree that Shomadhan.com shall be free to use or disseminate such freely searchable Submitted Content on an unrestricted basis for the purpose of providing the Services
26 YOUR REPRESENTATIONS AND WARRANTIES
27 YOUR OWNERSHIP RIGHTS AND LICENSE TO SHOMADHAN.COM
28 SHOMADHAN.COM’S DISCLAIMERS AND RIGHT TO REMOVE
If you send or transmit any communications, comments, questions, suggestions, or related materials to Shomadhan.com, whether by letter, email, telephone, or otherwise (collectively, “Suggestions”), suggesting or recommending changes to the Web/Mobile Apps, including, without limitation, new features or functionality relating thereto, all such Suggestions are, and will be treated as, non-confidential and nonproprietary. You hereby assign all right, title, and interest in, and Shomadhan.com is free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Suggestions, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, Web/Mobile Apps and services using such Suggestions. You understand and agree that Shomadhan.com is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Suggestions, and you have no right to compel such use, display, reproduction, or distribution.
30 MANDATORY THIRD PARTY VERIFICATION SERVICE
Shomadhan.com uses a variety of tools in an effort to make our Web/Mobile Apps as safe as possible for Service Partners/Professionals and Service Users. Among these tools are interviews and background checks and identification verifications with national databases. By registering as a Service Partners/Professional on the Web/Mobile Apps, you do hereby consent to allow Shomadhan.com to perform the background checks and verifications. You hereby authorize Shomadhan.com to verify your representations and warranties herein, and you acknowledge that Shomadhan.com reserves the right, but not the obligation, to verify such representations and warranties and to take action it deems appropriate in its sole discretion. You agree to indemnify and hold harmless Shomadhan.com from any loss or liability that may result from the identity checks. In addition, you do hereby represent, understand and expressly agree that Shomadhan.com offers this third-party verification service as a convenience and does not have control over or assume any responsibility for the quality, accuracy, or reliability of the third-party verification service and/or the information provided by the third-party verification service. Shomadhan.com retains the right to terminate your Shomadhan.com membership based on the information provided by this third party verification service.
31 OPTIONAL THIRD PARTY VERIFICATION SERVICES
Shomadhan.com uses a variety of tools in an effort to make our Web/Mobile Apps as safe as possible for Service Partners/Professionals and Service Users. Among these tools are optional name verification, address verification, social security number verification, and criminal background checks for Service Partners/Professionals. Shomadhan.com may use a third party to identification and perform criminal background checks. Shomadhan.com also seeks to allow Service Partners/Professionals to showcase their professional license credentials. Shomadhan.com may make these or other third-party verification services available to Service Partners/Professionals and Service Users. Service Partners/Professionals and Service Users may use these services to verify information such as, but not limited to, name, address, national id number, criminal background, and professional license credentials. By requesting to use, registering to use, and/or using the Web/Mobile Apps, you represent and warrant that you and each member of your household have never been the subject of a complaint, restraining order or any other legal action involving, arrested for, charged with, or convicted of any felony, any criminal offense involving violence, abuse, neglect, fraud or larceny, or any offense that involves endangering the safety of others. You hereby authorize Shomadhan.com to verify your representations and warranties herein, and you acknowledge that Shomadhan.com reserves the right, but not the obligation, to verify such representations and warranties and to take action it deems appropriate in its sole discretion. If you decide to use or access information provided by a third-party verification service offered through the Web/Mobile Apps, you do hereby represent, understand and expressly agree that Shomadhan.com offers this third-party verification service as a convenience and does not have control over or assume any responsibility for the quality, accuracy, or reliability of the third-party verification service and/or the information provided by the third-party verification service. In addition, you understand that Shomadhan.com may review the information provided by the third-party verification service and that Shomadhan.com retains the right to terminate your Shomadhan.com membership based on the information. You affirm that all of the information you provide to Shomadhan.com as part of these third-party verification services is correct, complete, and applicable to you. Service Partners/Professionals may choose whether to make the information obtained from third-party verification services public on Shomadhan.com. If you decide to share any information from a third-party verification service publicly, you understand that the information in the report may factor into other party’s decisions to engage you as a Service Partners/Professional. You agree to indemnify and hold harmless Shomadhan.com from any loss or liability that may result from your sharing this report publicly.
32 COPYRIGHT INFRINGEMENT TAKEDOWN PROCEDURE
Pursuant to laws of your country of access, Shomadhan.com has established policies for dealing with alleged and actual copyright and trademark infringement. If you believe that your work has been copied and posted on the Web/Mobile Apps in a way that constitutes copyright infringement and/or trademark infringement, please send the following information to our Copyright Agent: (i) identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site; (ii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at the Web/Mobile Apps, and information reasonably sufficient to permit Shomadhan.com to locate the material.; (iii) a written statement that you have a good faith belief that the disputed use is not authorized by the copyright and/or trademark owner, its agent, or the law; (iv) information reasonably sufficient to permit Shomadhan.com to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted; (v) an electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive interest that is allegedly infringed; and (vi) a statement by you, made under penalty of perjury, that the information in your report is accurate and that you are the owner of the exclusive right or authorized to act on the behalf of the owner of the exclusive right. A statement by you comprised of the foregoing points is referred to herein as the “Notice.” Shomadhan.com designated Copyright Agent can be contacted via email at
Modifications to or Termination of Web/Mobile Apps
33 MODIFICATION OR CESSATION OF WEB/MOBILE APPS
Shomadhan.com reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Web/Mobile Apps (or any part thereof) with or without notice and in its sole discretion. You agree that Shomadhan.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of Shomadhan.com services.
34 TERMINATION BY SHOMADHAN.COM
35 TERMINATION BY YOU
36 EFFECT OF TERMINATION
ntellectual Property Rights
37 SHOMADHAN.COM OWNS OR HOLDS THE LICENSES TO ALL DATA AND MARKS ON THE WEB/MOBILE APPS
The content on the Web/Mobile Apps (exclusive of all Submitted Content), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Data”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by Shomadhan.com, subject to copyright and other intellectual property rights under foreign laws and international conventions. Other trademarks, names and logos on this Web/Mobile Apps are the property of their respective owners. Data on the Web/Mobile Apps is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Shomadhan.com reserves all rights not expressly granted in and to the Web/Mobile Apps and the Data. You agree not to use, copy, or distribute, any of the Data other than as expressly permitted herein, including any use, copying, or distribution of Submitted Content obtained through the Web/Mobile Apps for any commercial purposes. If you download or print a copy of the Data for personal use, you must retain all copyright and other proprietary notices contained thereon. You agree not to circumvent, disable or otherwise interfere with security features of the Web/Mobile Apps or features that prevent or restrict use or copying of any Data or enforce limitations on use of the Web/Mobile Apps or the Data therein.
38 SHOMADHAN.COM’S LICENSE TO YOU FOR THE USE OF DATA AND MARKS
39 FEES INCURRED BY SERVICE PARTNERS/PROFESSIONALS
Joining Shomadhan.com, posting Services and viewing posted Services is free. Shomadhan.com reserves the right at its sole discretion to charge fees to Service Partners/Professionals for other services that Shomadhan.com may provide, including but not limited to fees for contacting Service Users, responding to job order leads generated by Shomadhan.com, or conducting transactions with Service Users through Shomadhan.com. Fees may be deduced from prepaid credits top up or recharge by a Service Partners/Professional in their wallet individually. You understand that service credits are non-refundable. We will not be responsible for any lost or stolen codes used to ‘top-up’ your account with credits. Shomadhan.com offers premium services to Service Partners/Professionals for a fee and may in the future offer additional services, like tax preparation and bookkeeping, that Service Partners/Professionals can also choose to purchase. Shomadhan.com reserves the right to charge fees for these services at its sole discretion.
40 FEES INCURRED BY SERVICE USERS
Joining Shomadhan.com, viewing posted OFFERING Services free of marketing cost. Shomadhan.com currently charges Service Users no fees for transactions completed on the Web/Mobile Apps between Service Users and Services Service Partners/Professionals. However, Shomadhan.com reserves the right to charge a fee to Service Users in the future on a per-transaction basis, and reserves the right to do so in its sole discretion. Changes to this Fee Policy are effective after Shomadhan.com has provided you with fourteen (15) days’ notice by posting the changes on the Web/Mobile Apps.
You understand that we are acting solely as an intermediary for the collection of rents and fees between a Service User and a Service Partners/Professional who choose to enter into an Agreement for Service. Because state and local tax laws vary significantly by locality, you understand and agree that you are solely responsible for determining your own tax reporting requirements in consultation with tax advisors, and that we cannot and do not offer tax advice to either hosts or guests.
43 REFUND POLICY
All sales on Shomadhan.com are final and non-refundable.
Negotiation of Terms of Service; Disputes Between Registered Users
44 NEGOTIATION WORKSHEET AND CONTRACT TEMPLATE
As a courtesy to Registered Users, to facilitate the negotiation and confirmation of the Agreement for Service, Shomadhan.com provides a general framework for negotiating the terms of Service (e.g., rate) (“Negotiation Worksheet”). Registered Users acknowledge and agree that (i) they are solely responsible for addressing all issues that exist now or may arise in the future in connection with the applicable Service; and (ii) it is solely up to such Registered Users, if they so desire, to enter into a signed, written contract, that addresses all of the relevant issues and memorializes the agreed upon Negotiation Worksheet. You should not rely on the any information or resources contained on the Web/Mobile Apps, including, without limitation, the Negotiation Worksheet, as a replacement or substitute for any professional, financial, legal or other advice or counsel. Shomadhan.com makes no representations and warranties, and expressly disclaims any and all liability, concerning actions taken by a user following the information or using the resources offered or provided on or through the Web/Mobile Apps, including, without limitation, the Negotiation Worksheet. In no way will Shomadhan.com be responsible for any actions taken or not taken based on the information or resources provided on this Web/Mobile Apps. If you have a situation that requires professional advice, you should consult a qualified specialist. Do not disregard, avoid or delay obtaining professional advice from a qualified specialist because of information or resources that are provided on this Web/Mobile Apps, however provided.
45 SHOMADHAN.COM IS NOT A PARTY TO ANY SERVICE CONTRAC
Each Registered User hereby acknowledges and agrees that Shomadhan.com is NOT a party to any oral or written Agreement for Service, Negotiation Worksheet, or any contract entered into between Registered Users in connection with any Service offered, directly or indirectly, through the Web/Mobile Apps. Shomadhan.com takes full responsibility for all payment transactions on the website and on the app including refunds, disputes and cancellations.
46 NO AGENCY OR PARTNERSHIP
47 DISPUTES BETWEEN REGISTERED USERS
Subject to the provisions regarding disputes between Web/Mobile Apps participants in connection with Feedback, your interactions with individuals and/or organizations found on or through the Web/Mobile Apps, including payment of and performance of any Service, and any other terms, conditions, warranties or representations associated with such transactions or dealings, are solely between you and such individual or organization. You should take reasonable precautions and make whatever investigation or inquiries you deem necessary or appropriate before proceeding with any online or offline transaction with any third party, including without limitation, Service Partners/Professionals and Service Users. You understand that deciding whether to use the Services of a Service Partners/Professional or provide Services to a Service User or use information contained in any Submitted Content, including, without limitation, Postings, Offers, Wants and/or Feedback, is your personal decision for which alone are responsible. You understand that Shomadhan.com does not and cannot make representations as to the suitability of any individual you may decide to interact with on or through the Web/Mobile Apps and/or the accuracy or suitability of any advice, information, or recommendations made by any individual. Notwithstanding the foregoing, you agree that shomadhan.com shall not be responsible or liable for any loss or damage of any sort whatsoever incurred as the result of any such transaction or dealings. If there is a dispute between participants on the web/mobile apps, or between registered users or any web/mobile apps user and any third party, you acknowledge and agree that shomadhan.com is under no obligation to become involved. in the event that a dispute arises between you and one or more web/mobile apps users, registered users or any third party, you hereby release shomadhan.com, its officers, managers, members, directors, employees, attorneys, agents, and successors in rights from any claims, demands, and damages (actual and consequential) of every kind or nature, known or unknown, suspected or unsuspected, foreseeable or unforeseeable, disclosed or undisclosed, arising out of or in any way related to such disputes and/or the web/mobile apps or any service provided thereunder.
48 DISPUTE RESOLUTION
support@Shomadhan.com. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
49 GOVERNING LAW
Advertisements and Third Party Links
Aspects of the Web/Mobile Apps and other Shomadhan.com services may be supported by advertising revenue. As such, Shomadhan.com may display advertisements and promotions on the service. The manner, mode and extent of advertising by Shomadhan.com on the Web/Mobile Apps are subject to change and the appearance of advertisements on the Web/Mobile Apps does not necessarily imply endorsement by Shomadhan.com of any advertised Web/Mobile Apps or services. You agree that Shomadhan.com shall not be responsible or liable for any loss or damage of any sort incurred by you as a result of any such dealings or as the result of the presence of such advertisers on the Web/Mobile Apps.
51 THIRD-PARTY LINKS, CONTACT FORMS AND PHONE NUMBERS
Warranties and Disclaimers
52 DISCLAIMER OF WARRANTIES
You agree that your use of the web/mobile apps shall be at your own risk. to the fullest extent permitted by law, shomadhan.com and its officers, managers, members, directors, employees, successors, assigns, subsidiaries, affiliates, service professionals, suppliers, and agents disclaim all warranties, express, implied, statutory or otherwise, and make no warranties, representations, or guarantees in connection with this web/mobile apps, the services offered on or through this web/mobile apps, any data, materials, submitted content, relating to the quality, suitability, truth, accuracy or completeness of any information or material contained or presented on this web/mobile apps, including without limitation the materials, data and submitted content of other users of this site or other third parties. unless otherwise explicitly stated, to the maximum extent permitted by applicable law, this web/mobile apps, the services offered on or through this web/mobile apps, data, materials, submitted content, and any information or material contained or presented on this web/mobile apps is provided to you on an “as is,” “as available” and “where is” basis with no warranty of implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. shomadhan.com does not provide any warranties against errors, mistakes, or inaccuracies of data, content, information, materials, substance of the web/mobile apps or submitted content, any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, any bugs, viruses, trojan horses, or the like which may be transmitted to or through the web/mobile apps by any third party, any interruption or cessation of transmission to or from the web/mobile apps, any defamatory, offensive, or illegal conduct of any third party, or any loss or damage of any kind incurred as a result of the use of any data, content, information, materials, substance of the web/mobile apps or submitted content posted, emailed, transmitted, or otherwise made available via the web/mobile apps. Shomadhan.com does not endorse, warrant, guarantee, or assume responsibility for any web/mobile apps or service advertised or offered by a third party through the web/mobile apps or any hyperlinked site or featured in any banner or other advertisement. Shomadhan.com will not be a party to or in any way be responsible for monitoring any transaction between you and any party, including third party service professionals of web/mobile apps or services. As with the use of any web/mobile apps or service, and the publishing or posting of any material through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
53 LIMITATIONS OF LIABILITY
54 EXCLUSIONS AND LIMITATIONS
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above mentioned limitations may not apply to you.
55 FORCE MAJEURE
Indemnification and Release
58 STATUTE OF LIMITATIONS
Subject to the applicable laws, you agree that any cause of action arising out of or related to the Web/Mobile Apps must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
59 SECTION HEADINGS
60 NO THIRD-PARTY BENEFICIARIES