These General Terms and Conditions set out the terms and conditions applying to and governing the usage of the Majimassage app (“ App ”) and the website [ insert link of the website ] (“ Website ”) (collectively referred to as the “ Platform ”) - used as the means for organising the provision of Massage services.
The term "us" or "we" refers to PRIME SOFTWARE LIMITED the owner of the Platform, a private limited company, incorporated under the laws of BRITISH VIRGIN ISLANDS, with its registered office at Intershore Chambers, Road Town, Tortola, British Virgin Islands . (“ Company ”). The Company, its group companies and its partners (local subsidiaries, representatives, affiliates, agents etc.) shall collectively be referred to as “ Maji ”.
The Company is engaged in the business of providing an online Platform that makes connects Experts registered on the Platform (“ Experts ”) with customers willing to avail massage services from the Experts at certain casinos (“ Services ”). The Platform and related Services might be provided to you by Maji. The list of the group companies and partners of the Company is available at [ insert the link of the page which provides for the list of group companies or partners ].
In order to use the App or the Website you must agree to the terms and conditions that are set out below:
1.1 The Platform only provides an information directory and does not offer any massage services. Massage services are provided by Experts under a separate contract (with you) for providing the massage service to you. The Experts shall provide massage services on an independent basis (either in person or via a company) as economic and professional service providers. Disputes arising from consumer rights, legal obligations or from law applicable to the provision of massage services will be resolved between you and the Experts.
1.2 When using the Platform, you can choose to pay the Expert for the massage service directly or through the in-App Payment option available on the Platform. Charges, including applicable fee, charges of the Experts, tolls, surcharges, booking fee, airport surcharges or processing fees for split payments, shall be inclusive of applicable taxes under applicable law.
1.3 At the time of installation of App, your mobile number is used to link you to your user account on the Platform and added to our database. You agree to notify the Company within 7 days of the termination of your usage of the mobile number linked to the Platform, so that your account data may be anonymized. In the event you fail to notify us about any change to your mobile number linked to the platform, any other person using such mobile number may be able to access your account data on the Platform.
2.1 You can pay for the massage services with a credit card or a debit card on the Platform. By providing in-App Payment service on the Platform, Maji acts as a commercial agent for the Experts. Your obligation to the Expert shall be fulfilled when the payment order is given to transfer funds to Maji’s bank account. You, as a Customer are responsible for ensuring that the payment takes place and ensuring that sufficient funds are available.
2.2 When making payments by thein-App Payment option on the Platform, Maji receives your payments and forward money to the Expert. Maji may ask additional data from you to verify payment method.
2.3 When making payments by the in-App Payment on the Platform, Maji shall not be responsible for possible third-party payment costs (mobile operators, bank fees etc).
These service providers may charge you additional fees when processing payments in connection with the in-App Payment on the Platform. Maji is not responsible for any such fees and disclaims all liability in this regard. Your payment method may also be subject to additional terms and conditions imposed by the applicable third-party payment service provider; please review these terms and conditions before using your payment method.
2.4 For payment support service please contact: info@majimassage.com Inquiries submitted by e-mail or the App will receive a response within four business day.
3.1 If you order a massage service and the Expert has agreed to undertake the work then the massage service shall be considered to be ordered.
3.2 Once an Expert confirms that he/she will provide massage service, you will enter into a separate agreement with the Expert for the provision of the massage on such terms and conditions as you agree with the Expert. Maji does not provide massages and are not a party to your agreement with the relevant Expert.
3.3 “ Cancelling ” the use of an ordered massage service is considered to be the situation where the Expert has replied to your request and confirmed your order for a massage and you subsequently reject, cancel or refuse the massage service. In the event you Cancel an ordered massage after the expiry of 15 minutes of confirmation of the massage by the Expert, you shall be required to pay to the Expert, a penalty of €15
3.4 If you Cancel massage service request on multiple successive instances within 24-hours we may temporarily block your account for warning. After 3 such warnings, we may suspend your account for a period of 3 months. After that period you could ask to reactivate your account and your application will be reviewed by Maji.
3.5 When Expert notifies the Customer about the arrival to its destination and Customer or people for whom the Massage was ordered do not show up within certain time period as specified in the Majimassage app, the request will be deemed cancelled. Sometimes the Expert may decide to cancel your request, please note that Maji is not responsible for such situations.
3.6 Once the Expert arrives and sends you a notification that he/she has arrived the App shall begin charging fare on a waiting time basis according to the rates specified in the App.
3.7 If you have requested massage services using the App and cause damage to the Expert or their health or property the Expert will have the right to require you to pay a penalty of 1000EUR and require compensation for any damages exceeding the penalty. If you do not pay the penalty and/or compensate the damage, Maji may pursue the claims on behalf of the Expert.
4.1 As long as you comply with these General Terms and Conditions, we agree to grant you a royalty free, revocable, non-exclusive, right to access and use the App in accordance with and subject to these General Terms and Conditions, the Privacy Policy and the applicable app-store terms. You may not transfer or sub-license this right to use the App. In the event that your right to use the App is cancelled, the corresponding non-exclusive licence shall also be considered cancelled.
5.1 As the App is an information society service (a means of communication) between Customers and Experts, we cannot guarantee or take any responsibility for the quality or the absence of defects in the provision of massage services by the Experts. As the usage of the App for requesting massage services depends on the behaviour of the Experts, Maji does not guarantee that you will always have offers available for the provision of the Massage services.
5.2 The App does not offer or broker Massage services for Customers. It is also not a Massage agency service for finding Customers for massage providers. The App is used as the means for organising the provision of massage services.
5.3 The Customer’s right of refund does not apply to massage orders placed through the App. Requesting a refund from the massage service does not withdraw you from the agreement in the course of which the provision of the massage service was ordered.
5.4 The App is provided on an "as is" and “as available” basis. Maji does not represent, warrant or guarantee that access to the App will be uninterrupted or error free. In case of any faults in the software, we will endeavour to correct them as soon as possible, but please keep in mind that the functioning of the app may be restricted due to occasional technical errors and we are not able to guarantee that the app will function at all times, for example a public emergency may result in a service interruption.
5.5 Maji, its representatives, directors and employees are not liable for any loss or damage that you may incur as a result of using the App or relying on, the massage contracted for through the App, including but not limited to: any direct or indirect property damage or monetary loss; loss of profit; loss of business, contracts, contacts, goodwill, reputation and any loss that may arise from interruption of the business; loss or inaccuracy of data; and any other type of loss or damage.
5.6 In any event, the maximum financial liability of Maji in connection with breach of the contract or any other losses suffered by the Customer as a consequence of usage of the Platform will be limited to 500EUROS. You will have the right to claim for damages only if Maji has deliberately violated the contract. Maji shall not be liable for the actions or inactions of the Expert and will not be liable for damages that the Expert causes to the Customers.
5.7 You agree to fully indemnify and hold Maji, their affiliate companies, representatives, employees and directors harmless from any claims or losses (including liabilities, damages, costs and expenses of any nature) that they suffer as a result of your use of the Platform (including the massages you send or receive through your use of the Platform).
5.8 Maji may immediately end your use of the App if you breach these General Terms and Conditions or we consider it necessary to protect the integrity of Maji or the safety of Experts.
6.1 As Maji is not a provider or broker of the massage services, any issues with defects or quality of the massage services will be resolved in accordance with the rules and regulations of the massage service provider or the relevant public authority.
6.2 We ask to fill out a feedback form in the App. This enables us to offer suggestions to the Experts for improving the quality of their service.
6.3 We expect that you use App in good faith and be respectful of the Experts who offer their services through the App. Maji retains the right to close your account if you have violated the terms set out in this General Terms and Conditions or if your activities are malicious, i.e. withholding payment for the provision of the Massage service, fraud, being disrespectful towards the Experts, etc. In these cases, your App account may be revoked without prior notice.
6.4 Maji will make every effort to ensure that only Experts, who have integrity and are respectful of their profession and Customers, use the Platform. However, we are in no position to guarantee that every provider of massage services, located through the App, satisfies the aforementioned criteria at all times. If you experience objectionable massage service, please notify the company responsible for the service, a supervisory authority or our customer support at [ insert link ].
7.1 If any substantial amendments are made to the General Terms and Conditions, then you will be notified by e-mail or App notifications. If you continue using the App, you will be deemed to have accepted the amendments.
The General Terms and Conditions will be governed by, and construed and enforced in accordance with the laws of England and Wales. If the respective dispute resulting from General Terms or Agreement could not be settled by the negotiations, then the dispute will be finally solved in courts of London, UK. If any provision of the General Terms is held to be unenforceable, the parties will substitute for the affected provision an enforceable provision that approximates the intent and economic effect of the affected provision. Date of entry into force of the General Terms and Conditions: 02.08.2018
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