Terms & Conditions

End User Agreement

 

This End User Agreement (Agreement) governs the use of the Massage Me Now mobile application and the Massage Me Now website(Application) which are owned and operated by Massage Me Now Pty Ltd ACN 619 151 058 (Massage Me Now).

 

The Application allows individuals and businesses to browse, book and purchase massage services (Services) with independent third-party massage therapists (Therapist).

 

This agreement is entered into between Massage Me Now and any person accessing and using Massage Me Now (you). By clicking ‘I Agree’ on this Agreement or by using or continuing to use the Application you accept that this Agreement applies to your use of the Application.  

 

Our Privacy Policy  also forms part of this Agreement. The Therapist Agreement applies to any Therapist in lieu of this Agreement.

 

Services

 

You understand and agree that Massage Me Now has no control over and is not responsible for the conduct of the Therapists or their provision of the Services. Therapists provide the Services on their own behalf and are not employees, contractors or agents of Massage Me Now. 

 

When the Services are booked, you are entering into a contract directly with the relevant Therapist and Massage Me Now is not a party to this contract. You authorise Massage Me Now to act as your agent, solely for the purpose of arranging the Services to be provided to you by the Therapist.

 

Your Account obligations

In order to access the Application, you will be required to create an account (Account). Access to your Account will commence on the day the Account is created and will continue on an ongoing basis unless deactivated or cancelled by you or Massage Me Now.

By creating an Account with Massage Me Now and using the Application, you accept and agree that: 

  1. you are at least 18 years of age;
  2. creation of an Account requires you to submit to the Application certain personal information, such as your name, e-mail address, mobile number and at least one valid payment method (Visa, MasterCard or American Express);
  3. all information you provide to the Application in relation to your Account is true and accurate and you will regularly update your Account to reflect any changes to this information;
  4. any failure to maintain accurate, complete, and up-to-date information in relation to your Account, including having an invalid or expired payment method on file, may result in your inability to access and use the Application;
  5. you are responsible for ensuring that your Account is not accessed by anyone but you, this includes creating secure credentials and keeping them safe;
  6. you will only use the Application for its intended purpose of locating and booking the Services;
  7. the Application is not to be used to arrange for the provision of any sexual services;
  8. you will use the Application in accordance with this Agreement and all applicable laws and regulations;
  9. you must not create more than one personal Account;
  10. you may be required to provide proof of identity to access or use your Account and you agree that you may be denied access to or use of the Services if you refuse to provide this;
  11. you will not sell, license or otherwise transfer your Account without our prior consent;
  12. you are responsible for all activities that occur or are submitted through your Account;
  13. you will promptly advise us of any unauthorised use of your Account; and
  14. you will not attempt, or permit another to attempt, unless expressly permitted by Massage Me Now, to:
  1. circumvent, remove or alter any security or other protective measures used in connection with the Application;
  2. remove any copyright or trademark from any part of the Application;
  • reproduce, modify, prepare derivative works based upon, distribute, licence, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Application;
  1. decompile, reverse engineer, disassemble, access the source code of, manipulate, impair or disable the Application in any way;
  2. attempt to gain unauthorized access to or impair any aspect of the Application and its related systems or networks; or
  3. use the Application to send unsolicited advertising materials.

 

Your Service Obligations

 

When utilising the Services you agree that you will not:

 

  1. violate this Agreement or any rules set by Massage Me Now regarding the use of Services;
  2. violate any law or regulation;
  3. engage in any behaviour that is unsafe, abusive, harassing, indecent, profane, obscene, hateful or otherwise objectionable, including sexual conduct;
  4. stalk, harass or harm any Therapist or agent, employee or representative of Massage Me Now.

 

You understand that if any of the above obligations are breached, Massage Me Now has the right to, but is not obliged to, cancel your Account immediately without refund for any amount paid.

 

In respect to the Application as downloaded from an App Store such as Google Play or from the Apple App Store, you will only use the Application:

  1. on a compatible device; and
  2. as permitted by the ‘Usage Rules’ located in the respective App Store.

 

Promotional Codes

 

Massage Me Now may create and distribute promotional codes that may be used through the Application in conjunction with the Services (Promotional Codes). In addition to the terms of this Agreement, the Promotional Codes are provided subject to any other terms that Massage Me Now notifies you of when it makes a Promotional Code available. One Promotional Code may be used per Account.

 

Only Promotional Codes sent through official Massage Me Now correspondence are valid. Any Promotional Codes must only be used for their intended purpose as communicated by Massage Me Now and must not be sold, duplicated or made available to the general public.

 

Massage Me Now reserves the right to cancel or disable any Promotional Codes at any time. 

 

Contract between you and the Therapist

 

The Application will assist you to book Services with a Therapist. You will be able to browse the selection of Therapists and different Services available and request an appointment with a particular Therapist through the Application (Service Request).

 

Once you place a Service Request, you will receive a push notification and SMS message that confirms your Service Request. The Therapist will be notified that you have made a Service Request and in their discretion, the Therapist can either, accept, decline or reschedule the Service Request.

 

If the Therapist accepts your Service Request, you will receive a push notification and SMS that confirms your appointment (Acceptance Notice). Your Service will be booked at the time specified in the Acceptance Notice (Service Booking). Alternatively, the Therapist can either decline or suggest another time for the Service.

 

Upon receipt of an Acceptance Notice, you and the Therapist are deemed to have entered into a contract for the provision of Services (Therapist Contract). Massage Me Now is not a party to this contract.

 

The Therapist will either travel to the You or the You will travel to the Therapist. This arrangement will be specified in the profile of the Therapist prior to booking and in the Service Request. The determination of the location at which the Service is provided is determined at the discretion of the Therapist.

 

 

 

 

Payment

 

You understand that a Service Booking will result in a charge to you for the Services (Service Charge). The Service Charge for any Services is the amount you specify as such via your Account at the time the Service Request is made. The Service Charge is as communicated to you via the Application when you submit the Service Request. Massage Me Now will collect the Service Charge on behalf of the relevant Therapist each time you purchase a Service via the Application. Through the Application, you must provide Massage Me Now with a valid credit or debit card (Visa, MasterCard or American Express) or any other payment or financial mechanism supported by Massage Me Now (Payment Method) in order to process the Service Charge.

 

Service Charges may vary from time to time. Any revised Service Charges will apply to future Service Requests that have not already been accepted as a Service Booking.

 

Massage Me Now utilises a third party payment gateway, Swipe, Inc. (Payment Gateway), to;

 

  1. collect Service Charges; and
  2. make Partial and Full Refunds.

 

Any credit or debit card or associated payment details you provide via the Application will be held and processed by the Payment Gateway and not by the Application. Use of the Payment Gateway is subject to the Payment Gateway’s Terms and Conditions, accessible here [insert link].  For more information about protection of your personal information please also see Massage Me Now’s privacy policy [insert link] and the Payment Gateway’s privacy policy [insert link].

 

If a Service Booking is made within 24 hours of the time that the Services are scheduled to be provided (Appointment), the Service Charges are payable at the time the Service Booking is made. Otherwise, the Service Charges will be charged via your Payment Method 24 hours before the Appointment. If payment of the Service Charge is not received when due the Service Booking will be cancelled.

 

Payment of Service Charges will be facilitated by the Payment Gateway using the Payment Method designated in your Account, after which you will receive a receipt by email.

 

Massage Me Now reserves the right to cancel a Service Booking where a Service Charge is not processed, is declined or where Massage Me Now otherwise reasonably believes that payment will not be received.

 

If for any reason Massage Me Now or a Therapist needs to cancel or reschedule a Service Booking, you will be advised of potential other dates for the provision of the Services. If you are unable to receive the Services on the rescheduled date, Massage Me Now will refund the Service Charge to you and the Service Booking will be cancelled.

 

If you cancel a Service Booking no less than 24 hours before the time of the Appointment, you can either reschedule the Service Booking to another time or receive a full refund of the Service Charge. You are not entitled to any refund of a Service Booking which is cancelled by you less than 24 hours before the Appointment, except where a refund is required by law.

 

All prices quoted on the Application are in Australian Dollars. The Service Charge is inclusive of any taxes, including Goods and Services Tax applicable to the Services but exclusive of any additional charges or transaction fees which may be applied by the Payment Gateway or your card provider.

 

User Content

 

You are solely responsible for any information, comments, feedback, correspondence and any other type of information or content posted, published or otherwise disseminated or uploaded to the Application via your Account (User Content).

 

You acknowledge and agree that:

 

  1. your User Content must not be defamatory, false, misleading, illegal, obscene, threatening, pornographic, hateful, or offensive;
  2. your User Content must not infringe on the rights of third parties;
  3. your User Content will not contain personal information or health other than as necessary for your use of the Application;
  4. Massage Me Now may access, review and subsequently remove your User Content without compensation to you if we believe it violates this Agreement, however Massage Me Now are under no obligation to do so;
  5. you will ensure that your User Content is accurate, true, correct and up to date at all times;
  6. your User Content may be accessed by other users to the extent permitted by your Account settings;
  7. Massage Me Now may monitor your User Content and use of the Application to assess compliance with this Agreement or investigate any complaint or dispute;
  8. in the event of a dispute arising between you, Massage Me Now or other users regarding ownership of User Content, Massage Me Now’s determination will be final.

 

Therapist Reviews and Ratings

 

The Application provides a platform for you to comment and rate their experience with Therapists (Rating).

 

You can only post one Rating per Service Booking.

 

The Ratings contained in the Application are for informational purposes only and do not constitute advice or recommendations about any Therapist or Service. You should not rely on Ratings to make or refrain from making a decision about a Therapist or Service.

 

By leaving a Rating, you are documenting an opinion and any statements, advice or opinions made by you do not form an opinion of Massage Me Now.

 

To the extent permitted by law, Massage Me Now reserves the right to include or exclude any Rating from the Application and take necessary steps to protect Therapists, you and other users of the Application from any offensive, abusive, hateful, discriminatory or malicious content, including by terminating Accounts.

 

To ensure the integrity of the Application, Massage Me Now will not remove or edit reviews where Massage Me Now believes that doing so would be in breach of Australian Consumer Law.

 

If you are dissatisfied with the Application or the Services, you can lodge a complaint through the Application which will be addressed by Massage Me Now. Without limitation to your rights at law, Massage Me Now will determine in its sole discretion whether a refund of any Service Charge will be payable.

 

Performance

 

The quality, availability and speed of delivery of the Application may vary from time to time due to a number of factors such as:

 

  1. your internet connection – an internet connection is required to access the Application. Bandwidth and data limits may vary depending on your provider. You are responsible for establishing an internet connection and for all internet access charges;
  2. your location - the Application accessibility may vary between countries and areas;
  3. updates – Massage Me Now updates the Application from time to time which may vary the functionality and performance of the Application. These updates may occur automatically;
  4. your device/s – you are responsible for ensuring your device is compatible with the Application. Compatibility may change over time;
  5. third party sites – some components of the Application may use and rely on the continued operation of third party software and sites to function (Third Party Software); and
  6. any other factors such as maintenance downtime, force majeure events, power outages, equipment malfunction and any circumstances beyond Massage Me Now’s control.

 

Third Party Software

 

You may be required to install and use Third Party Software as part of the functionality of the Application. Massage Me Now are not responsible for any Third Party Software and your use and reliance on Third Party Software is at your own risk. Third Party Software may vary from time to time and your use may be subject to terms and conditions set by that third party which you must comply with. 

 

Intellectual Property

Subject to your compliance with this Agreement, Massage Me Now grant a limited, non-exclusive, revocable, non-transferable license to you to use the Application, via your Account, for the purposes permitted by this Agreement. Aside from this limited licence, all present and future intellectual property rights worldwide including without limitation, any registered or unregistered copyright, trademark, patent, design, trade secret, know-how, business name or other proprietary rights including improvements thereto (Intellectual Property Rights), in the Application are reserved to Massage Me Now and, where applicable, Massage Me Now’s Third Party Software providers.

 

You retain any Intellectual Property Rights held by you in your User Content. You grant Massage Me Nowa non-exclusive, royalty free, worldwide, perpetual licence to access, use, store, copy, reproduce, process, adapt, publish, transmit, sublicense, improve and display your User Content for the ongoing provision and improvement of Massage Me Now, our research and data collection purposes and monitoring compliance with this Agreement. You agree not to enforce any moral rights, as defined in the Copyright Act 1968 (Cth),in and to the User Content where used by Massage Me Now under this licence. You warrant that it has the right to grant Massage Me Now this licence.

 

 

 

Termination

 

You may cease to usethe Application by deactivating or deleting your Account at any time and where applicable, uninstalling the Application. User Content pertaining to you or other users may remain accessible to us and other users via the Application after termination. Massage Me Now may, but are not obliged to, retain backup copies of your User Content. You are responsible for retaining your own copies of any User Content outside of the Application.

 

In addition to any other rights we may have, if Massage Me Now suspect you or a third party are using your Account or the Application improperly, illegally or otherwise in breach of this Agreement, Massage Me Now reserves the right to immediately deactivate your Account and access to the Application without notice to you. Massage Me Now will not be liable to you for any loss or damage as a result of termination or suspension.

 

Limitation of Liability

You acknowledge that you will not rely on any information accessed via the Application or the Services as a substitute for professional medical advice and that you will always seek the advice of a qualified health provider with any questions you may have regarding medical issues.

To the extent permitted by law, Massage Me Now does not provide any guarantee or warranty or make any representation regarding the reliability, timeliness, quality, suitability or availability of the Application or the Services.  Specifically, Massage Me Now does not warrant, guarantee or represent that the:

 

  1. Application is provided error free or uninterrupted;
  2. the Services will produce any particular outcome, or result in any objectives being achieved;
  3. the Services will result in you recovering from any illness, condition or symptom; or
  4. the Services will be available at the time you require or request.

Massage Me Now does not recommend or endorse any specific products, services, opinions, or other information provided by third parties that may be available through the Application.

 

You understand that your reliance on any information or Services provided to you by a Therapist is solely at your own risk and you assume full responsibility for all risk associated, to the extent of the law. Massage Me Now does not guarantee the quality, suitability, safety or ability of the Therapists to provide the Services. You agree that the risk arising out of the use of the Services, and any service or good requested in connection therewith, remains solely with you, to the maximum extent permitted under applicable law.

 

Massage Me Now requests information and therapist qualifications from the Therapists, however Massage Me Now does not and cannot guarantee the accuracy or completeness of any such information-gathering or that a particular Therapist is qualified to perform any given Service.

 

You acknowledge that it is your responsibility to take reasonable precautions in all interactions with any third party (including Therapists) who you interact with in or through the Application.  

 

To the fullest extent permitted by law, Massage Me Now hereby disclaims responsibility for all liability howsoever arising in connection with any of the Services provided by Therapists. The Therapists bear sole liability for all of the Services provided.

 

Indemnity

 

You agree to indemnify and hold Massage Me Now harmless from and against any liability, loss, damage, cost (including legal costs), expenses or other liability (Loss)

suffer or incur arising out of or in connection with any claim or demand against us by you or any third party, which arises from:

  1. any breach of this agreement by you; or
  2. your use of the Application and the Services.

This Agreement does not limit any non-waivable rights that you may be entitled to by law. Where applicable to you, the Application comes with guarantees that cannot be excluded under the Australian Consumer Law set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth).You may be entitled to a resupply or refund for a major failure of the Application. You may also be entitled to compensation for any reasonably foreseeable loss or damage caused by a failure of Massage Me Now. Where our liability cannot be fully excluded by law, we limit our maximum liability at our option, to:

  1. the supply of Massage Me Now again; or
  2. the payment of the cost of having Massage Me Now supplied again.

 

Copyright Infringement

 

Massage Me Now are not responsible for infringement of any intellectual property rights by the Application users. However, we reserve the right to remove any infringing content. If you believe your work has been reproduced or distributed via Massage Me Now in a way that constitutes infringement of copyright, please notify us via INFO@MASSAGEMENOW.COM We will respond to legitimate requests. You may also wish to contact the user directly to resolve the issue where possible. 

 

Variations

 

Except where expressly provided otherwise in this Agreement or where we are required to notify you by law, we may change or cease to provide the Application, and any features thereof, at any time without notice or liability to you. This Agreement may also be varied from time to time. You are responsible for regularly reviewing any changes to this Agreement as they will apply to your continued use of the Application.

 

General

 

  1. You may only assign your rights and obligations under this Agreement with our written consent;
  2. Massage Me Now may subcontract or assign to any party our rights and obligations under this Agreement;
  3. This document embodies the entire agreement between the parties;
  4. The failure of a party to require full or partial performance of a provision of this Agreement does not affect the right of that party to require performance subsequently;
  5. The Application may be unavailable at times to provide for upgrades and maintenance. Massage Me Now will endeavour to provide prior notice to you of this unavailability but this cannot be guaranteed and Massage Me Now reserves the right to amend, suspend or withdraw the Application at any time;
  6. A right under this Agreement may only be waived in writing signed by the party granting the waiver, and is effective only to the extent specifically set out in that waiver;
  7. The laws of Queensland, Australia govern this Agreement;
  8. A clause or part of a clause of this Agreement that is illegal or unenforceable may be severed from this Agreement and the remaining clauses or parts of the clause continue in force;
  9. Unless otherwise expressly stated in this Agreement, any notice or consent to be given to a party under this Agreement is only effective if given in writing (including via email or the Application), to that party;
  10. This Agreement shall prevail to the extent of any inconsistency between it and any other document associated with the transactions contemplated by this Agreement;
  11. This Agreement does not create a relationship of employment, trust, agency, or partnership between the parties nor constitutes or may be construed to constitute a party as the representative of another party; and
  12. The ‘Limitation of Liability’ and ‘Indemnity’ sections and User Content licence granted to us under the ‘Intellectual Property’ section of this Agreement, survive termination of this Agreement.

 

Contact Us

 

If you have comments, concerns or complaints regarding this Agreement or your Account please contact us directly via [insert]. Massage Me Now will endeavour to get back to you as soon as possible, but we ask that you allow us up to 30 days to respond before taking any other steps.

 

Last Updated: 8/6/2019

 

These documents are designed to be presented as ‘click wrap’ agreements where You and Therapists need to review the terms and click ‘I Accept’ before they are able to access Massage Me Now.

 

We encourage you to use this as a ‘hyperlink’ for users to easily click on and access the relevant document.

 

The Australian Consumer Law in Schedule 2 of the Act sets out certain consumer guarantees that cannot be contracted out of, such as a requirement for services to perform to a certain acceptable standard. Accordingly, payment of refunds may be required where Massage Me Now does not meet the standards of a consumer guarantee.