Last updated: (March 4, 2019)
1.1. Please read these Terms of Service carefully. By using the Service (as defined), you agree that you have read and understood the terms in these Terms of Service which are applicable to you. These Terms of Service and the Spanda Policies (as defined) constitute a legally binding agreement (Agreement) between you and Spanda. The Agreement applies to your use of the Service (as defined) provided by Spanda. If you do not agree to the Terms of Service please do not use or continue using the Application or the Service.
1.2. Spanda may amend the terms in the Agreement at any time. Such amendments shall be effective once they are posted on http://www.spandamobileapp.com or the Application. It is your responsibility to review the Terms of Service regularly. Your continued use of the Service after any such amendments, whether or not reviewed by you, shall constitute your agreement to be bound by such amendments.
1.3. SPANDA IS A TECHNOLOGY COMPANY WHICH PROVIDES A PLATFORM FOR USERS TO OBTAIN SERVICES PROVIDED BY THIRD PARTY PROVIDERS. SPANDA’S ROLE IS MERELY TO LINK THE USER WITH SUCH THIRD PARTY PROVIDER. SPANDA IS NOT RESPONSIBLE FOR THE ACTS AND/OR OMISSIONS OF ANY THIRD PARTY PROVIDER, AND ANY LIABILITY IN RELATION TO SUCH SERVICES SHALL BE BORNE BY THE THIRD PARTY PROVIDER. THIRD PARTY PROVIDERS SHALL NOT REPRESENT TO BE AN AGENT, EMPLOYEE OR STAFF OF SPANDA AND THE SOLUTIONS PROVIDED BY THIRD PARTY PROVIDERS SHALL NOT BE DEEMED TO BE PROVIDED BY SPANDA.
In these Terms of Service, the following words shall have the meanings ascribed below:
2.1. “Application” means the relevant mobile application(s) made available for download by Spanda (or its licensors) to Users and Third Party Providers respectively;
2.2. “Spanda Policies” means the following:
2.2.2. all other forms, policies, notices, guidelines, frequently asked questions (FAQs), or agreements provided to or entered into by you from time to time;
2.3. “Personal Data” is any information which can be used to identify you or from which you are identifiable. This includes but is not limited to your name, telephone number, email address, your image, government-issued identification numbers, biometric data, race, date of birth, marital status, religion, health information;
2.4. “Platform” means the relevant Spanda technology platform, portal or website that, when used in conjunction with the Application, enables Users to request or access Solutions;
2.6. “Service” means the linking of Users to Third Party Providers through the Application, Platform, Software, other Websites, and/or Social Medias;
2.7. “Software” means any software associated with the Application which is supplied made available for download and installation by Spanda;
2.8. “Solutions” means the massage and spa services which are made available to Users through the Service:
2.9. “Third Party Provider” means the independent third parties who provide the Solutions to Users through the Service, including third party merchants such as Spa Merchants;
2.10. “User” means any person who uses the Application, Platform and/or Software to search for and obtain the Solutions; and
2.11. “User Charges” shall mean charges incurred by Users for the Solutions obtained through the use of the Service, including any applicable taxes and any other fees or charges that may be due for a particular use of the Service or Solutions.
3. Representations, Warranties and Undertakings
3.1.By using the Service, you represent, warrant / undertake that:
3.1.1. You have legal capacity to enter into the Agreement and that you are at least eighteen (18) years old. You cannot enter into the Agreement if you are below eighteen (18) years old; All the information which you provide shall be true and accurate;
3.1.2. You will only use the Application, Platform and Service for their intended and lawful purposes;
3.1.3. You will keep your account password or any identification we provide you which allows access to the Service secure and confidential;
3.1.4. You agree to notify us immediately of any unauthorized use of your account or any other breach of security;
3.1.5. You will not try to interrupt or harm the Service, Application and/or the Software in any way;
3.1.6. You will not attempt to commercially exploit any part of the Application without our permission, including without limitation modify any of the Application’s content in any way, or copy, reproduce, publicly display, distribute or otherwise use or communicate them for any public or commercial purpose without our permission;
3.1.7.You shall not impair or circumvent the proper operation of the network which the Service operates on;
3.1.8. You will not authorize others to use your identity or user status, and you may not assign or otherwise transfer your user account to any other person or entity;
3.1.9. You will provide us with whatever proof of identity or any other documents, permits, licenses or approvals which we may reasonably request or require;
3.1.10. You will not use the Application for sending or storing any unlawful material or for fraudulent purposes;
3.1.11. You will not use the Application and/or the Software to cause nuisance or behave in an inappropriate or disrespectful manner towards Spanda or any third party;
3.1.12. When using the Service, you agree to comply with all laws applicable to you and/or your use of the Service;
3.1.13. You will not copy, or distribute the Software or other content without written permission from Spanda;
3.1.14. You will provide accurate, current and complete information as required for the Service and undertake the responsibility to maintain and update your information in a timely manner to keep it accurate, current and complete at all times during the term of the Agreement. You agree that Spanda may rely on your information as accurate, current and complete. You acknowledge that if your information is untrue, inaccurate, not current or incomplete in any respect, Spanda has the right but not the obligation to terminate this Agreement and your use of the Service at any time with or without notice;
3.1.15. You will only use an access point or data account which you are authorized to use;
3.1.16. You agree that the Service is provided on a reasonable effort basis;
3.1.18. You agree to assist Spanda with any internal or external investigations as may be required by Spanda in complying with any prevailing laws or regulations in place; and
3.1.19. You agree to assume full responsibility and liability for all loss or damage suffered by yourself, Spanda or any other party as a result of your breach of this Agreement.
3.1.20. You will not use the Service for any sexual harassment act/behaviour.
126.96.36.199. You hereby acknowledge and understand that Spanda is a fully committed entity for respecting the enforcement of human rights, justice and gender equality, and implementingZERO TOLERANCE POLICY for ANY KIND AND FORM OF SEXUAL VIOLENCE, to repel any misinterpretation for addressing sexual violence, and to support law enforcement efforts against perpetrators and the recovery of the sexual violence victims. Such commitment includes the prevention and handling of any sexual violence case (including sexual violence against Unaccompanied Minors) in the use of Services.
188.8.131.52. You hereby understand that the definition of sexual violence herein is any act of degrading, insulting, attacking and/or other actions against the body, sexual desires, and/or reproductive functions, by force, which is in contrary to the victim's will, which causes the victim to be unable to give consent in a free state, due of the inequality of power relations and/or gender relations and/or other causes, which results in or can result in physical, psychological, sexual suffering or misery, loss economically, socially, culturally and/or politically ("Sexual Violence").
184.108.40.206. You understand and acknowledge that the forms of Sexual Violence stipulated herein is as follows:
“Physical” or “non-physical” actions towards others, which are related to a part of a person's body, which is related to sexual desire, which results the other party felt uncomfortable, intimidated, insulted or humiliated.
1. "Physical" (body contact) is defined including but not limited in the form of touching, rubbing, poking, cuddling, and/or kissing.
2. "non-physical" (no body contact) is defined including but not limited in the form of teasing, seducing, whistling, winking, gazing and gazing at a person's body parts, sexual nuanced discussion/speech, invitation to have sexual relations, displaying pornographic material, showing genitals, recording image or secretly photographing someone's body.
The act of forcing sexual relations with violence, threats of violence, or guile, or using the condition of someone who is unable to give real consent, including inserting male genitalia into female genitalia, male genitalia into other limbs, or limbs or objects into the female genitalia, rectum, or mouth.
Acts with violence, threats of violence, deceit, lies, false names or identities or dignity, or abuse of trust, in order to get someone to have sexual relations with him/her or others, or actions that use the body of such person to fulfil sexual desires, with the intention of beneficial and satisfying sexual self or others.
220.127.116.11. You acknowledge that Spanda gave high attention to sexual violence affecting vulnerable groups, including Unaccompanied Minors, persons with disabilities, pregnant women, the elderly, indigenous peoples, and victims of violence.
18.104.22.168. You further acknowledge that Spanda implement anti-retaliation policy, which is an act of retaliation carried out or planned by someone which can be suspected of conducting sexual violence, against someone who conducted the report of such person act, or someone who helps with the reporting or complaints, or someone who participates in the investigation. Spanda does not tolerate vigilantism, including but not limited to intimidating, threatening, or forcing the reporters to make written or oral statements to revoke the reports.
22.214.171.124. You also acknowledge that Spanda does not tolerate false report or complaints with a purpose that could be suspected of bringing down the reputation of Spanda.
126.96.36.199. All violations related to Sexual Violence as described above, will be firmly dealt by Spanda in its sole and reasonable discretion, and in accordance with your representations and warranties herein. You acknowledge and understand thatSPANDA, together with law enforcement and victims or other relevant parties, mayHOLD YOU RESPONSIBLE AND PUT YOU IN JAIL IN ACCORDANCE WITH THE APPLICABLE LAWS AND REGULATION.
3.2. If you are a Third Party Provider, you further represent, warrant / undertake that:
3.2.1. If applicable, you possess a valid massage therapist license of your respective government and are authorized to perform massage services and have all the appropriate licenses, approvals and authority to provide massage services for hire to third parties in the jurisdiction in which you use the Service;
3.2.2. If applicable, you will use the appropriate road safety equipment (e.g. helmet) while riding a motor vehicle when necessary;
3.2.3. You shall be solely responsible for any and all claims, judgments and liabilities resulting from any accident, loss or damage including, but not limited to, personal injuries, death, total loss and property damage which is due to or is alleged to be a result of the massage service provided by you;
3.2.4. You shall not contact Users for purposes other than in connection with the Service;
3.2.5. You shall not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Application, or any other customer of Spanda, including without limitation any user account not owned by you, to its source, or exploit the Application or any service or information made available or offered by or through the Application, in any way where the purpose is to reveal any information, including but shall not be limited to personal identification information, other than your own information, as provided for by the Application;
3.2.6. You agree to be subject to random drug tests arranged or undertaken by Spanda, its agents or appointed persons;
3.2.7. You are aware that when responding to Users, standard telecommunication charges may apply which shall be solely borne by you;
3.2.8. If you are required to and do sign up for an account on behalf of your employer, your employer shall be the owner of the account, and you represent and warrant that you have the authority to bind your employer to the Agreement;
3.2.9. You agree that you are forbidden from promoting competitors’ applications, giving out coupons and suggesting any other form of discounts to the Users.You are strictly forbidden to use the Service for other purposes such as but not limited to data mining of Spanda’s information or information related to the Application or the Service. A breach hereof constitutes a grave offence and may be treated asindustrial espionage or sabotage, and Spanda reserves the right to take such action as may be appropriate or permitted under the law against you, and/or any person, whether natural or artificial, directing or instructing you, in the event you use the Service other than for the purpose for which it is intended to be used; and
3.2.10. You acknowledge and agree that Spanda may suspend you temporarily/permanent when you are reported/complained/indicated for conducting any act of sexual harassment, and Spanda shall have right to conduct any examination/investigation on such report/complaint;
3.2.11. You acknowledge and agree that any violation with respect to sexual harassment, will be sanctioned by Spanda in accordance with the Spanda Policies and the applicable laws and regulations. Hence, Spanda shall have the right under its sole discretion to unilaterally terminate the Agreement between you and Spanda;
3.3. If you are a User, you further represent, warrant / undertake that:
3.3.1. Your use of the Service is for your own sole, personal use or, where permitted, for the use of another person who is at least twelve (12) years old (“Unaccompanied Minor”), in which case you shall assume primary responsibility of the Unaccompanied Minor;
3.3.2. You will not use the Application, Platform and/or the Software to cause nuisance, annoyance, inconvenience or make fake bookings;
3.3.3. You acknowledge that the third party provider is entitled to cancel your booking and you may be charged a Cancellation Fee, as per theCancellation Policy;
3.3.4. You shall not contact the Third Party Provider for purposes other than the Service;
3.3.5. You shall not intentionally or unintentionally cause or attempt to cause any damages to the Third Party Provider;
3.3.6. Where applicable, you will not create or compile, directly or indirectly, any collection, compilation or other directory from any content displayed on the Application or Platform except for your personal, non-commercial use;
3.3.7. Where applicable, you will not copy any content displayed through the Application or Platform, including any third party product content and reviews, for republication in any format or media;
3.3.8. You acknowledge and agree that only one (1) account can be registered on one device;
3.3.9. You are aware that when requesting Solutions by SMS or by using the Service, standard telecommunication charges will apply; and
3.3.10. You agree that Spanda may, based on its sole discretion, consider an account to be dormant if there has been no transaction made by you on your user account for a period of six (6) months from the last date of transaction and deactivate or restrict access to your user account.
Different models or versions of routers, browsers and devices may have firmware or settings that are not compatible with the Application. While we continuously develop the Application in order to, as far as possible, support all commonly used devices and models in markets and all browsers where the Application is likely to be accessed from, we do not warrant compatibility of the Application with specific mobile devices or other hardware.
5.1. Spanda and its licensors, where applicable, grant you a revocable, non-exclusive, non- transferable, limited license to use and access the Application and/or the Software to use the Service, subject to the terms and conditions of this Agreement. All rights not expressly granted to you are reserved by Spanda and its licensors.
5.2. You shall not:
5.2.1. license, sublicense, sell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Application and/or the Software in any way;
5.2.2. modify or make derivative works based on the Application and/or the Software;
5.2.3. “mirror” the Application / Software on any other server or wireless or internet-based device;
5.2.4. except to the extent such restriction is prohibited under applicable law, disassemble, decompile, reverse engineer, decrypt or attempt to derive and code or extract software from, this Application or any software or services made available on or through the Application;
5.2.5. use any manual or automated program or script, including but not limited to web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, (a) to unduly burden or hinder the operation and/or performance of the Application; (b) to conduct data mining or scraping activities, or (b) in any way reproduce or circumvent the navigational structure or presentation of the Application or its content;
5.2.6. post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights
5.2.7. remove any copyright, trademark or other proprietary rights notices contained on the Application or Platform; or
5.2.8. use the Application to: (a) send spam or otherwise duplicative or unsolicited messages; (b) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including but not limited to materials harmful to children or violative of third party privacy rights; (c) send material containing software viruses, worms, trojan horses or other harmful computer code, files, scripts, agents or programs; (d) interfere with or disrupt the integrity or performance of the Application or the data contained therein; (e) attempt to gain unauthorized access to the Application or its related software, systems or networks; (f) impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; or (g) engage in any conduct that could possibly damage our reputation or amount to being disreputable.
6.1 For Third Party Providers:
6.1.1 Any fees which Spanda may charge you for the Service are due immediately and are non-refundable (“Service Fee“). Subject to any limit stipulated by the applicable law, the Service Fee shall be a percentage of the User Charges, as determined by Spanda from time to time. This no-refund policy shall apply at all times regardless of your decision to terminate your access to the Application/Platform, our decision to terminate or suspend your access to the Application / Platform, disruption caused to the Service whether planned, accidental or intentional, or any reason whatsoever.
6.1.2 YOU ACKNOWLEDGE AND CONFIRM THAT SPANDA MAY ADMINISTER AND ACT AS YOUR COLLECTION AGENT TO PAY TO YOU THE TOTAL AMOUNT OF USER CHARGES DUE TO YOU IN RESPECT OF YOUR PROVISION OF THE SOLUTION.
6.1.3 Spanda has the right to remove your Spanda Wallet where Spanda reasonably believes that the purchase or addition of the Spanda Wallet is suspected of fraud, invalid or involves criminal acts or where Spanda reasonably believes that you are violating the terms and conditions.
6.1.4 Spanda may, at its sole discretion, make promotional offers with different features and different rates on the Solutions to any of the Users whereby these promotional offers shall accordingly be honored by you. Spanda may change the Service Fee at any time at its sole discretion.
6.1.5 Where applicable, Spanda may administer payments to you and from you by way of an e-wallet system (the “Spanda Wallet“).
6.1.6 You must maintain a minimum credit balance of PHP 2,000.00 (“Minimum Balance“) in your Spanda Wallet in order for you to use the Service. The amount comprised in the Minimum Balance shall be prescribed by Spanda and may be changed at any time at Spanda’s sole discretion.
6.1.7 You may purchase credits (the “Credits“) in few denominations (i.e. PHP 500, PHP 1000, PHP 2000, PHP 5000, and PHP 10,000) as notified by Spanda to increase the credit balance in the Spanda Wallet to fulfill the Minimum Balance requirement. The maximum amount of Credits that you can hold at any time will be as prescribed by Spanda from time to time, and any excess will be returned to you.
6.1.8 The Credits are redeemable for cash. They cannot be resold, exchanged or transferred for value under any circumstances. The Credits shall not be regarded, construed, or used as valuable or exchangeable instruments under any circumstances. You will not receive interest or other earnings on your Credits. Spanda may receive interest on amounts that Spanda holds on your behalf. You agree to assign your rights to Spanda for any interest derived from your Credits. Spanda may appoint third parties to provide services to operate the Spanda Wallet.
6.1.9 You may check your Spanda Wallet balance in the Application. The Spanda Wallet balance set out in the Application shall serve as conclusive evidence of your Spanda Wallet balance.
6.1.10 You authorise Spanda to deduct Credits from your Spanda Wallet for any purchases you make through the Application or Platform.
6.1.11 Users may pay for your provision of the Solution immediately upon completion of or confirmation of a booking for a Solution, as the case may be, by cash or cashless method(s) such as by credit or debit card (“Card”). All payments due to you for your services, including tips (where applicable), will be channeled to you in the agreed quantum in due course.
6.1.12 Spanda 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 you and/or the User breached any of the terms in this Agreement. In such an event, you shall not hold Spanda liable for any withholding of, delay in, suspension, forfeiture or cancellation of, any payment to you.
6.2 For Users:
6.2.1 Once you have completed using the Service, you are required to make payment in full to the Third Party Provider by selecting one of the payment methods available to you on the Application. Any payment pursuant to such selection will be automatic and is non-refundable.
6.2.2 You may choose to pay the Third Party Provider for the provision of the Solution by cash or where available, by credit or debit card (“Card”), where available.
6.2.3 If you choose to make payment by Card, you will need to register a valid Card which belongs to you in accordance with the instructions in the Application.
6.2.4 You agree that Spanda may verify and authorize your Card details when you first register the Card with us as well as when you use the Service.
6.2.5 You agree that Spanda may issue a reasonable authorization hold, which is not an actual charge against your Card or Balance (as defined below), in order to verify your payment method via your Card or Balance. The hold may appear in your statement as “pending”. The authorization hold is issued as a preventive measure against any unauthorized or fraudulent usage of your Card.
6.2.6 In the event your payment by your Card is processed overseas, you will be liable for any additional charges in relation thereto.
6.2.7 If the tipping feature is available, you may have the option to pre-set a default “tip” amount of your choosing when you register for the Service. This will automatically be included in the User Charges after the Solution has been provided and given to the Third Party Provider unless you choose to change the amount or remove the tip.
6.2.8 Spanda may suspend the processing of any transaction or disable or limit the use of the Card in the event of any error in transaction which results in decline or chargeback from the financial institution or where Spanda reasonably believes that the Card has been used for a transaction that may be fraudulent, illegal or involves any criminal activity or where Spanda reasonably believes you to be in breach of this Agreement.
6.2.9 You agree that you will cooperate in relation to any financial crime screening that is required and to assist Spanda in complying with any prevailing laws or regulations in place.
6.2.10 You shall be responsible to resolve any disputes with your Card company on your own.
6.2.11 You can fill in the balance (“Balance”) which can be used to pay for Solutions.
6.2.12 You have the right to choose to fill the Balance through any method that can be provided in the Application from time to time. Selecting the payment method means that you agree to the terms of service of the payment processing partner of the Company and your financial institution (if any) for the payment method you have chosen.
6.2.13 You must ensure that you have enough Balance to pay for Solutions. If you do not have enough balance, you can pay additional Balances so that you can complete the payment for Solutions.
6.2.14 You can check your Balance on the Application. The balance displayed in the Application is conclusive evidence of your Balance.
6.2.15 Spanda has the right to remove your Balance where the Spanda reasonably believes that the purchase or addition of the Balance is suspected of fraud, invalid or involves criminal acts or where Spanda reasonably believes that you are violating the terms and conditions.
7.1 For Third Party Providers:
7.1.1 The Users rely on you for massage services or provision of the Solutions. You agree that high and/or frequent cancellation rates or ignoring the Users’ bookings will impair the Users’ experience and negatively impact the reputation and branding of Spanda.
7.1.2 While you may cancel a booking, the cancellation shall be based on acceptable cancellation reasons as shown in the Application. Spanda reserves the right to amend the acceptable cancellation reasons from time to time. A cancellation that is not based on one of the acceptable reasons or ignoring a booking may be counted in determining if your access to the Service will be temporarily restricted.
7.2 For Users:
7.2.1 You may cancel your request for massage services at any time before you start the massage with the Third Party Provider that has been matched with you by the Service.
7.2.2 If you decide to cancel your booking or do not show up at the designated location, you may be charged a Cancellation Fee or such other Cancellation Fee as Spanda may notify from time to time via the Cancellation Policy.
7.2.3 If you feel you were incorrectly charged a Cancellation Fee, you may contact Spanda via email for assistance. Spanda reserves its absolute discretion to any refunds to you and such refunds may be credited to the payment card you used for the journey, or the Credits or such other method as is deemed reasonable by Spanda, for cash payments.
8.1.Users and Third Party Providers may be allowed to rate each other in respect of Solutions provided.
8.2.Every rating will be automatically logged onto Spanda’s system and Spanda may analyse all ratings received. Spanda may take all appropriate actions including suspending your use of the Service without any notice or compensation to you.
9.1. Any complaints between Third Party Providers and Users must be taken up with each other directly.
10.1. Spanda and its licensors, where applicable, shall own all right, title and interest, including all related intellectual property rights, in and to the Software and/or the Application and by extension, the Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Service. The Terms of Service do not constitute a sale agreement and do not convey to you any rights of ownership in or related to the Service, the Software and/or the Application, or any intellectual property rights owned by Spanda and/or its licensors. Spanda’s name, Spanda’s logo, the Service, the Software and/or the Application and the third party providers’ logos and the product names associated with the Software and/or the Application are trademarks of Spanda or third parties, and no right or license is granted to use them. For the avoidance of doubt, the term the Software and the Application herein shall include its respective components, processes and design in its entirety.
11.1. You agree that this Agreement is subject to all prevailing statutory taxes, duties, fees, charges and/or costs, however denominated, as may be applicable from time to time. You shall comply with all applicable laws and take all steps required to enable, assist and/or defend Spanda 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 Service.
11.2. If you are a Third Party Provider, you are accountable for paying any tax and statutory contributions due in respect of sums payable to you under or in connection with this Agreement.
12.1. You shall maintain in confidence all information and data relating to Spanda, its services, products, business affairs, marketing and promotion plans or other operations and its associated companies which are disclosed to you by or on behalf of Spanda (whether orally or in writing and whether before, on or after the date of this Agreement) or which are otherwise directly or indirectly acquired by you from Spanda, or any of its affiliate companies, or created in the course of this Agreement. You shall further ensure that you only use such confidential information in order to use the Service, and shall not without Spanda’s prior written consent, disclose such information to any third party nor use it for any other purpose.
12.2. The above obligations of confidentiality shall not apply to the extent that you can show that the relevant information:
12.2.1. was at the time of receipt already in your possession;
12.2.2. is, or becomes in the future, public knowledge through no fault or omission on your part;
12.2.3. was received from a third party having the right to disclose it; or
12.2.4. is required to be disclosed by law.
13.3 You acknowledge that Spanda may disclose Personal Data of other individuals to you in the course of your use of Spanda’s Services. You represent and warrant that you will only use such Personal Data for the purpose for which it was disclosed to you by Spanda, and not for any other unauthorized purposes.
14.1. During use of the Service, you may enter into correspondence or transactions with third parties who display or offer their goods and/or service through the Platform or Application. Any such communication or agreement is strictly between you and the applicable third party and Spanda and its licensors shall have no liability or obligation for any such communication or agreement. Neither Spanda nor any of its affiliate companies endorses any applications or sites on the Internet that are linked through the Platform or Application, and in no event shall Spanda, its licensors or its affiliate companies be responsible for any content, products, services or other materials on or available from such sites or third party providers. Certain third party providers of massage services, goods and/or services may require your agreement to additional or different Terms of Service or privacy policies prior to your use of or access to such goods or services, and Spanda 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 acknowledge that such additional or different Terms of Service and privacy policies may apply to your use of such third party services. Spanda is not liable for any information that you provide to or authorise us to provide to a third party, or for such third party’s collection, use and disclosure of such information.
14.3. We may include hyperlinks to other websites or content on the Internet that are owned or operated by third parties ("Third Party Links"). Such Third Party Links are not under our control and we are not liable for any errors, omissions, delays, defamation, libel, slander, falsehood, obscenity, pornography, profanity, inaccuracy or any other objectionable material contained in the content, or the consequences of accessing, any linked website. Any hyperlinks to any other websites or content are not an endorsement or verification of such websites or content and you agree that your access to or use of such linked websites or content is entirely at your own risk.
15.1. By agreeing to the Terms of Service upon using the Service, you agree that you shall indemnify and hold Spanda, its licensors and each such party’s affiliates, officers, directors, members, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs and/or regulatory action) arising out of or in connection with: (a) your use of the Service, the Platform, Software and/or the Application in your dealings with the Third Party Providers or Users (as the case may be), third party merchants, providers, partners, advertisers and/or sponsors, or (b) your violation or breach of any of the Terms of Service or any applicable law or regulation, whether or not referenced herein, or (c) your violation of any rights of any third party, including Third Party Providers or Users arranged via the Service, or (d) your use or misuse of the Service, the Platform, Software and/or the Application; (e) including your provision of Solutions to Users via the Service where applicable.
Spanda makes no representation, warranty or guarantee as to the reliability, timeliness, quality, suitability, availability, accuracy or completeness of the Service, Software, Application or Platform. Spanda does not represent or warrant that (a) the use of the Service, Software, Application or Platform will be secure, uninterrupted, free of errors or other harmful components, or operate in combination with any other hardware, software, system or data, (b) will meet your requirements or expectations, (c) any stored data will be accurate or reliable, (d) the quality of any products, services, information or other materials purchased or obtained by you through the Application will meet your requirements or expectations. The Service is provided to you strictly on an “as is” basis. All conditions, representations and warranties, including any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights, are hereby excluded to the extent permissible by law.
16.1. Spanda makes no representation or warranty of any kind whatsoever, express or implied, in respect of Solutions provided by Third Party Providers or any Solutions procured through the use of the Service. You agree that you shall bear all risk arising out of your use of the Service and any Solution provided by Third Party Providers and shall have no recourse to Spanda in respect of the same.
THE SERVICE, PLATFORM, APPLICATION AND/OR THE SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS INCLUDING THE DEVICE USED BY YOU OR THE THIRD PARTY PROVIDER BEING FAULTY, NOT CONNECTED, OUT OF RANGE, SWITCHED OFF OR NOT FUNCTIONING. SPANDA IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, DAMAGES OR LOSSES RESULTING FROM SUCH PROBLEMS.
18.1. UNLESS OTHERWISE STATED, AND TO THE FULLEST EXTENT ALLOWED BY LAW, ANY CLAIMS AGAINST SPANDA BY YOU SHALL BE LIMITED TO THE AGGREGATE AMOUNT OF ALL AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM YOU IN UTILISING THE SERVICE DURING THE EVENT GIVING RISE TO SUCH CLAIMS. SPANDA AND/OR ITS LICENSORS SHALL NOT BE LIABLE TO YOU OR ANYONE FOR). SPANDA AND/OR ITS LICENSORS SHALL NOT 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, INCLUDING BUT NOT LIMITED TO:
18.1.1. LOSS, DAMAGE OR INJURY ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE SERVICE, THE PLATFORM, APPLICATION AND/OR THE SOFTWARE;
18.1.2.THE USE OR INABILITY TO USE THE SERVICE, THE PLATFORM, APPLICATION AND/OR THE SOFTWARE;
18.1.3.ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING;OR
18.1.4.AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY THIRD PARTY PROVIDER, MERCHANT, ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE WEBSITE OR IS REFERRED TO BY THE SERVICE, THE APPLICATION AND/OR THE SOFTWARE,
EVEN IF SPANDA AND/OR ITS LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
18.2. SPANDA DOES NOT AND WILL NOT ASSESS NOR MONITOR THE SUITABILITY, LEGALITY, ABILITY, MOVEMENT OR LOCATION OF ANY THIRD PARTY PROVIDERS INCLUDING THIRD PARTY PROVIDERS, MERCHANTS, ADVERTISERS AND/OR SPONSORS AND YOU EXPRESSLY WAIVE AND RELEASE SPANDA FROM ANY AND ALL LIABILITY, CLAIMS OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO THE THIRD PARTY PROVIDERS INCLUDING THIRD PARTY PROVIDERS, MERCHANTS, ADVERTISERS AND/OR SPONSORS.
18.3. SPANDA WILL NOT BE A PARTY TO DISPUTES, OR NEGOTIATIONS OF DISPUTES BETWEEN YOU AND THIRD PARTY PROVIDERS INCLUDING THIRD PARTY PROVIDERS, MERCHANTS, ADVERTISERS AND/OR SPONSORS. UNLESS YOU ARE A CORPORATE CUSTOMER WITH A CURRENT CORPORATE ACCOUNT WITH SPANDA, SPANDA CANNOT AND WILL NOT PLAY ANY ROLE IN MANAGING PAYMENTS BETWEEN YOU AND THE THIRD PARTY PROVIDERS, INCLUDING THIRD PARTY PROVIDERS, MERCHANTS, ADVERTISERS AND/OR SPONSORS. RESPONSIBILITY FOR THE DECISIONS YOU MAKE REGARDING SERVICES AND PRODUCTS OFFERED VIA THE SERVICE, THE SOFTWARE AND/OR THE APPLICATION (WITH ALL ITS IMPLICATIONS) RESTS SOLELY WITH AND ON YOU. YOU EXPRESSLY WAIVE AND RELEASE SPANDA FROM ANY AND ALL LIABILITY, CLAIMS, CAUSES OF ACTION, OR DAMAGES ARISING FROM YOUR USE OF THE SERVICE, THE SOFTWARE AND/OR THE APPLICATION, OR IN ANY WAY RELATED TO THE THIRD PARTIES INCLUDING THIRD PARTY PROVIDERS, MERCHANTS, ADVERTISERS AND/OR SPONSORS INTRODUCED TO YOU BY THE SERVICE, THE SOFTWARE AND/OR THE APPLICATION.
18.4. THE QUALITY OF THE SOLUTIONS SCHEDULED THROUGH THE USE OF THE SERVICE IS ENTIRELY THE RESPONSIBILITY OF THE THIRD PARTY PROVIDER WHO ULTIMATELY PROVIDES SUCH SOLUTION TO YOU. YOU UNDERSTAND, THEREFORE, THAT BY USING THE SERVICE, YOU MAY BE EXPOSED TO MASSAGE SERVICES THAT IS POTENTIALLY DANGEROUS, OFFENSIVE, HARMFUL TO MINORS, UNSAFE OR OTHERWISE OBJECTIONABLE, AND THAT YOU USE THE SERVICE AT YOUR OWN RISK.
19.1. Spanda may give notice through the Application, electronic mail to your email address in the records of Spanda, or by written communication sent by registered mail or pre-paid post to your address in the record of Spanda. 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 Spanda (such notice shall be deemed given when received by Spanda) by letter sent by courier or registered mail to Spanda using the contact details as provided in the Application.
20.1. This Terms of Service as modified from time to time may not be assigned by you without the prior written approval of Spanda but may be assigned without your consent by Spanda. Any purported assignment by you in violation of this section shall be void.
21.1. This Terms of Service shall be governed by Philippine law, without regard to the choice or conflicts of law provisions of any jurisdiction by a sole arbitrator appointed by the mutual agreement of you and Spanda (the “Arbitrator”). The seat and venue of the arbitration shall be Quezon City, in the English language and the fees of the Arbitrator shall be borne equally by you and Spanda, 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.
21.2. Each party hereby agrees that the arbitral award is final and binding on the parties and based on that, the parties do not have the right to appeal the arbitral award.
22.1. Nothing contained in these Terms of Service shall be construed as creating any agency, partnership, or other form of joint enterprise with Spanda.
23.1. If any provision of the Terms of Service is held to be invalid or unenforceable, the legality, validity and enforceability of the remaining provisions shall not be affected or impaired.
24.1. The failure of Spanda to enforce any right or provision in the Terms of Service shall not constitute a waiver of such right or provision.
25.1. This Agreement comprises the entire agreement between you and Spanda and supersedes any prior or contemporaneous negotiations or discussions.
26.1. You agree that we may do any of the following, at any time, without notice: (i) to modify, suspend or terminate operation of or access to the Application and Service, or any portion of the Application (including access to your Account and/or the availability of any products or services), for any reason; (ii) to modify or change any applicable policies or terms; and (ii) to interrupt the operation of the Application, Service, or any portion of the Application (including access to your Account and/or the availability of any products or services), as necessary to perform routine or non-routine maintenance, error correction, or other changes.
27.1. This agreement does not give rights to any third parties who are not party to this Agreement.
If you have any questions about these Terms, please contact us at email@example.com