In order to use and enjoy Shoji’s services, each User must accept and abide by our rules and guidelines. These Terms and Conditions of Use (‘Terms’) apply to a User’s engagement with Shoji (the ‘App’), and shall be governed by Australian law.
These Terms are a binding legal agreement between the User and Shoji (‘Us’, ‘We’). By accessing, registering for or receiving services offered by Shoji (the ‘Services), the User accepts and agrees to be bound by these Terms.
A User must be at least 17 years of age to create an account on Shoji and use the Services. By creating an Account and using the Services, the User thereby represents and warrants that they can form a binding contract with Shoji, and they are not a person who is barred from using the Services under the laws of Australia.
By joining Shoji, the User represents and warrants that they have the right, authority and capacity to enter into and be bound by these Terms, and you will not be violating any law or regulation of the jurisdiction by which you are bound. Each User is responsible for their compliance with the applicable local laws and regulations.
In order to create an account on Shoji, the User must have a valid mobile phone number and sign in using their Facebook login. By doing so, the User authorises the App to access and use certain Facebook account information.
Creating an account will involve Facebook permissions, allowing it to perform actions with the User’s Facebook account to retrieve information from it, including:
- Friends list
- Contact email
- Current city
- Education history
- List of friends
- Work history
- Photos: Each User must at least provide one Facebook picture. The User has an option to add more photos after creating the account.
However, each User through adjustment of their privacy settings can limit the information retrieved. Whilst the details on their Shoji profile are taken from Facebook, Shoji never publishes anything on a User’s Facebook without their consent.
2. Acceptable Use
Users must consider all implications before they post or send any content on the App. Shoji reserves the right to terminate a User’s account if they use the App for any unacceptable purpose. An ‘unacceptable purpose’ refers to using the App for any particular reason or in a certain manner that would directly conflict with Shoji’s culture and policies.
Users must access and use our Services only for legal, authorized, and acceptable purposes. A User will not use (or assist others in using) our Services in ways that:
a) violate, misappropriate, or infringe the rights of Shoji, our Users, or others, including privacy, publicity, intellectual property, or other proprietary rights;
b) are illegal, obscene, defamatory, abusive, threatening, intimidating, harassing, hateful, racially, or ethnically offensive, or instigate or encourage conduct that would be illegal, or otherwise inappropriate, including promoting violent crimes;
c) involve publishing falsehoods, misrepresentations, defaming or misleading statements;
d) impersonate someone;
e) constitute bullying or cyber-bullying towards another User;
f) involves excessive racist or sexist commentary;
g) involves or encourages any illegal activity, including without limitation, terrorism or inciting racial hatred;
h) involves advertising of commercial activities, including without limitation, sales, advertising of other businesses and links to external websites;
i) involve deliberately downloading or installing any viruses, spy ware, adware, corrupt files, worm programs or malicious malware designed to interfere with the App’s services;
j) involves language that is likely to be deemed offensive or designed to harass, embarrass, severely annoy or unfairly alarm another person;
k) involve sending illegal or impermissible communications such as bulk messaging, auto-messaging, auto-dialling, and the like; or
l) involve any non-personal use of our Services, unless otherwise authorised by us.
3. User’s Content
User’s can post several forms of communication on the App, including Pulses, messages, replies, comments and Personal Data on their profile.
When a User uploads public content on the App, it can be accessed and viewed by the general public.
All content posted and shared is the sole responsibility of the poster – therefore, Users should only publish content on the App if they are willing to be responsible for it.
There is no tolerance for any offensive and abusive content on Shoji. Users must use the App in an acceptable and appropriate manner, in accordance with these terms and conditions.
Once a User’s content is published on the App, the User grants us a non-exclusive, royalty-free, perpetual, worldwide licence to use that content in any way, including and without limitation, editing, copying, modifying, translating, distributing and adapting such content, in whole or in part, and in any format or medium currently known or developed in the future. We also reserve the right to assign and/or sub-licence the above licence to our affiliates and successors, without any further approval by the User.
The User must only upload their own content, and by publishing it on the App, the User warrants and represents that they are the owner of such content and that the content will not infringe, misappropriate or violate a third party’s rights in any way (intellectual property rights, rights of publicity or privacy, or any other rights that may be violated according to the applicable law).
The App reserves the right to remove or edit content at any time and without prior notice if We, exercising our sole discretion, consider any content to be contrary to these Terms or any applicable law.
Shoji is committed to ensuring a safe and enjoyable environment for all Users. In order to maintain the safety of the App, Users will not be permitted to:
- Use the Services for any illegal or prohibited purpose;
- Use the Services in a way that could interfere with, disrupt, negatively affect, or inhibit other Users from fully enjoying the Services, or that could damage, disable, overburden, or impair the functioning of the Services;
- Use, or attempt to use, another User’s account, Username or password without their permission;
- Use the App for a commercial purpose that is not approved by Shoji;
- Post any content that contains threats, hate speech, pornographic material, graphic violence or incitements to violence;
- Upload any viruses or other malicious code or otherwise compromise the security of the app Services;
- Encourage or promote any activity that violates these terms.
In cases where a breach of safety occurs, Shoji will immediately and effectively remove the offensive material and the User will be under moderation for a period dependant on the severity of the circumstances. In the event that their offensive behaviour is repeated, the user faces the possibility of suspension or removal from the App Services.
5. Mobile Devices
Shoji is currently providing the App services for free, but Users should use their own discretion to be aware of their carrier’s normal rates and fees, as their existing data charges will still apply whilst using the App.
If the User elects to change or deactivate their telephone number, they must update this information on the App Settings.
The User provides consent and all necessary rights to enable Users to sync their devices with any information available on the App.
Shoji respects the rights of others, and this extends to the way in which Users interact with the App. As moderated within the App, a User may not upload, post, send, or store content that:
- violates or infringes someone else’s rights of publicity, privacy, copyright, trademark, or other intellectual-property right,
- bullies, harasses, or intimidates,
- spams or solicits our Users.
If a violation is suspected or discovered, Shoji will take instant action to investigate the matter and immediately remove the content, warn the User or prohibit the violating User from accessing the App, depending on the severity and individual circumstances of each instance. Users may also face a temporary or permanent suspension from the App Services, at Shoji’s sole discretion. Users also reserve the right to block other Users, which will prevent future communication from that User and will remove them from the ‘Who’s Around Me’ feed, even if in the same vicinity.
7. Our Rights
We own all copyrights, trademarks, patents, domains, logos, trade secrets, and other intellectual property rights associated with our Services. Users may not use our copyrights, trademarks, patents, domains, logos, and other intellectual property rights unless they have our prior express, written permission.
8. Availability of Our Services
Our services may be interrupted from time to time, including for maintenance, repairs, upgrades, or network or equipment failures. We may discontinue some or all of our services, including particular features and the support for certain devices and platforms, at any time.
No warranty is given about the availability, performance, accuracy, quality or functionality of Shoji: events beyond our control may affect our services, such as events in nature and other force majeure events.
9. Licence to all Users
Each User is granted a limited, revocable, non-exclusive, non-sublicensable, and non-transferable license to use our Services, subject to and in accordance with the Terms and Conditions outlined.
10. Keeping your Account Secure
Each User is responsible for keeping their device and Shoji account safe and secure. If a security issue is suspected or identified, the User must promptly notify our services, or Us, of any unauthorised use or security breach of their account.
Users must never share their login information with others, including username and password to their Facebook account, as this compromises the security of their Shoji account.
11. Deleting Your Account
A User can terminate their account at any time by using the ‘Settings’ panel on the App, whilst they are logged in, by choosing the ‘delete profile’ option. If a User chooses to delete their account, we will save User profile information for 30 days. During this period, a User can reactivate their account if they choose to.
Shoji reserves the right to delete any content that has previously been submitted or uploaded to Shoji after a User deletes their account.
Further to this option, if a User breaches these Terms or acts in a manner that is inconsistent with Shoji’s policy, we reserve the right to exercise at our sole discretion, at any time and without liability, or the need to provide notice, to:
12. Final Terms
- terminate a User’s account and revoke their access to the App;
- suspend a User’s account and temporarily revoke their access to the App, until we, using our sole discretion, reinstate or terminate the account;
- use any means necessary to enforce our Terms, involving seeking legal recourse.
These Terms do not create or confer any third-party beneficiary rights.
If a provision in these Terms is not enforced, it will, under no circumstances, be considered a waiver.
We reserve all rights expressly granted to each User. Users may not transfer any of their rights or obligations under these Terms, without our prior written consent.