These Terms of Service (the "Terms") are a binding agreement between you and Ashar ("Ashar", "we", "us" or "our") governing your use of the Ashar website, mobile applications and services (together, the "Service"). By creating an account, placing an order, or otherwise using the Service, you agree to these Terms and to our Privacy Policy, which is incorporated by reference. If you do not agree, do not use the Service.

Certain features are governed by additional terms that are also incorporated by reference, including the Notifications Terms and Conditions that apply if you choose to receive text messages from us.

You must be at least 18 years old and able to form a binding contract to use the Service. The Service is offered in the United States, and orders can be delivered only within the areas we currently serve, which we may change at any time. You may hold one account, in your own name, and you may not use the Service on behalf of anyone else without our written permission.

We may refuse, suspend or close any account at our discretion, including while we operate a waiting list for new members.

Ashar is a delivery service with a chosen recipient. Members (each, a "Giver") browse people who have chosen to be listed on the Service (each, a "Recipient"), select one, and purchase a package of goods (a "Package") that Ashar assembles and delivers to that Recipient. In the same way that a shopping or delivery service lets you send an order to an address other than your own, Ashar lets you send an order to a person other than yourself.

When you place an order you are purchasing goods and a delivery service from Ashar. You are not making a donation to the Recipient or to Ashar, you are not entering into any agreement with the Recipient, and, unless we state otherwise in writing, no part of a purchase is tax-deductible. If you are seeking a tax deduction, consult a tax professional before ordering.

Ashar is not a party to any relationship between a Giver and a Recipient, and nothing in the Service creates one. Ashar selects, packs and delivers the goods; the Recipient receives them.

You must provide accurate, current information when you create an account and keep it up to date. You are responsible for everything that happens under your account and for keeping your password and any sign-in devices secure. Tell us at once if you believe your account has been accessed without your permission.

We may require verification of your email address before your account is active, and we may place new accounts on a waiting list. An account on the waiting list may browse but may not order until it is activated.

Recipients are listed on the Service with their agreement, through Ashar's registration process. What you see about a Recipient — a first name or chosen name, a story, needs, a general location and, where the Recipient has agreed, a photograph — is provided so that you can choose whom to help. It is shown as provided and may be incomplete, out of date, or withheld or changed by Ashar at any time to protect the Recipient.

You may use Recipient information only to choose and place an order through the Service. You may not use it to contact, locate, follow, photograph or identify a Recipient; copy, save, publish, share or redistribute it; or collect it by automated means. Recipients are often in vulnerable circumstances, and a breach of this section is a serious violation of these Terms that may result in immediate termination of your account and referral to law enforcement where appropriate.

A Recipient may become unavailable at any time — they may decline further packages, move, or leave the Service — including after you have placed an order. In that case we will offer a refund as described in Section 8.

The price of each Package, any sales tax, and our handling and delivery fee are shown before you pay. Prices are set by Ashar and may change; the price you pay is the price shown when you confirm your order. Packages are assembled from products we stock and are described on the Service; the exact brand or size of an item may differ from the description where a substantially equivalent item is used.

Your order is placed when you press Pay. Payment is processed by our payment provider, Stripe, under its own terms; Ashar does not store your full card details. If your payment is declined, your order remains unpaid and nothing will be packed or delivered until it is paid. Unpaid orders may be cancelled by Ashar after a period of time.

By providing a payment method you represent that you are authorized to use it and you authorize us to charge it for the amount shown. You are responsible for any charges your bank or card issuer applies.

We may limit quantities, refuse or cancel an order, or correct a pricing error at any time. If we cancel a paid order, we will refund it in full.

Ashar packs and delivers orders itself or through people working on its behalf. We will make reasonable efforts to deliver within the time frames shown on the Service, but delivery times are estimates, not guarantees. Deliveries may be delayed or attempted more than once for reasons including weather, safety, access, or the Recipient not being where expected. We will tell you when your order is packed, out for delivery, and delivered, and if a delivery cannot be completed.

A delivery is complete when the Package is handed to the Recipient or to a person or organization accepting it on the Recipient's behalf, such as a shelter or agency where the Recipient is staying. Ashar decides, in its discretion and with the Recipient's safety in mind, how and where a delivery is made.

Where offered and where the Recipient has agreed, you may purchase a delivery photograph as an optional extra. A delivery photograph is provided for your personal record of the delivery and is subject to Section 5: it may not be published, shared or used for any other purpose. Ashar may decline to provide a photograph, and refund that extra, whenever the Recipient's wishes or safety call for it.

You may cancel an order and receive a full refund at any time before we begin packing it, by contacting us. Once packing has begun, an order cannot be cancelled by you; if it has not yet been delivered we will consider a cancellation request at our discretion.

If we are unable to deliver an order — because the Recipient has become unavailable, cannot be reached after reasonable attempts, or declines it — we will either deliver it to a comparable Recipient with your agreement or refund it in full. Delivered orders are not refundable, except where an item was materially not as described, in which case contact us within 14 days of delivery.

Refunds are made to the payment method used for the order and usually appear within 5 to 10 business days, depending on your bank.

We will send you an email receipt for every order and email confirmations of the steps in its delivery; these are part of the Service and cannot be turned off while you hold an account, because they are the record of what you bought and what happened to it. You may choose whether to receive other emails about your orders and whether to receive marketing from us, and you can change those choices in your account at any time.

If you provide a mobile number and agree to receive text messages, the Notifications Terms and Conditions apply, including consent to automated messages, message frequency, and how to stop. Message and data rates may apply.

You agree not to: use the Service for any unlawful purpose; use it to harass, harm, exploit or endanger any person; misrepresent who you are; create accounts by automated means or for other people; interfere with or attempt to gain unauthorized access to the Service, other accounts, or the systems and networks that support it; scrape, crawl or otherwise extract data from the Service; reverse engineer any part of it; resell the Service or use it to provide a service to others; or circumvent any measure we use to protect the Service or the people on it.

The Service, including its software, design, text, graphics and trademarks, is owned by Ashar or its licensors and protected by intellectual property laws. We grant you a limited, personal, non-exclusive, non-transferable, revocable license to use the Service for its intended purpose in accordance with these Terms. No other rights are granted.

Recipient stories, photographs and other Recipient information are provided to Ashar for the purpose of the Service and may be viewed by you only within it, as described in Section 5. If you submit any content to us — a message, a review, a suggestion — you grant Ashar a non-exclusive, royalty-free, worldwide license to use it in connection with the Service, and you confirm you have the right to grant that license.

The Service relies on third parties, including Stripe for payments, Google for optional sign-in, and mobile carriers for text messages. Your use of those services is subject to their terms, and Ashar is not responsible for them. We do not control and are not responsible for third-party websites or services linked from the Service.

Our Privacy Policy explains what information we collect from Givers and Recipients, how we use it, and the choices you have. By using the Service you agree to the collection and use of information as described there.

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE". TO THE FULLEST EXTENT PERMITTED BY LAW, ASHAR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT RECIPIENT INFORMATION IS ACCURATE OR COMPLETE, OR THAT ANY ORDER WILL BE DELIVERED BY A PARTICULAR TIME. NOTHING IN THESE TERMS LIMITS ANY WARRANTY OR RIGHT THAT CANNOT BE LIMITED UNDER APPLICABLE LAW.

TO THE FULLEST EXTENT PERMITTED BY LAW, ASHAR AND ITS OFFICERS, EMPLOYEES, AGENTS AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, DATA OR GOODWILL, ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY LAW, ASHAR'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID TO ASHAR IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM AND ONE HUNDRED U.S. DOLLARS ($100). SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THESE MAY NOT APPLY TO YOU.

You agree to defend, indemnify and hold harmless Ashar and its officers, employees and agents from any claim, loss, liability, damage, cost or expense, including reasonable attorneys' fees, arising out of or relating to your use of the Service, your breach of these Terms, or your violation of any law or of the rights of any person, including any Recipient.

These Terms and any dispute arising out of or relating to them or the Service are governed by the laws of the State of Georgia, without regard to its conflict-of-laws rules.

If you have a dispute with us, contact us first at the address in Section 21; most concerns can be resolved quickly and informally. If a dispute cannot be resolved that way within 30 days, it must be brought in the state or federal courts located in Georgia, and you and Ashar each consent to the personal jurisdiction of those courts. You and Ashar each agree to bring any claim only in an individual capacity and not as a plaintiff or class member in any purported class or representative proceeding, to the extent permitted by law.

You may close your account at any time from your account settings. We may suspend or terminate your access to the Service at any time, with or without notice, if we believe you have violated these Terms, if required by law, or if we discontinue the Service. Sections that by their nature should survive termination — including Sections 5, 11 and 14 through 20 — will survive.

Closing your account does not cancel an order that has already been placed and paid for; it will be delivered, and the records of it are kept as required by law and our Privacy Policy.

We may revise these Terms from time to time. Each revision carries a new version date at the top of this page. If a revision materially affects your rights, we will ask you to accept it the next time you sign in before you continue to use the Service; your continued use after that acceptance is your agreement to the revised Terms. Otherwise, continuing to use the Service after a revision takes effect means you accept it.

These Terms, together with the Privacy Policy and any additional terms incorporated by reference, are the entire agreement between you and Ashar about the Service. If any part of these Terms is found unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver of it. You may not assign these Terms; we may assign them in connection with a merger, acquisition or sale of assets. Notices to you may be given by email to the address on your account.

Questions about these Terms, an order, or a Recipient's information can be sent to cs@ashar.com.