1. Important Notice
Important notice - please read carefully. By creating an account, applying as a Therapist, using the Partner App, accepting a Booking Request, contacting a Customer, using navigation, contacting Support or receiving payouts, you agree to this Partner User Agreement and the policies referenced below.
These terms include important provisions on independent provider status, your right to decline a Booking Request without consequence, what "completed" means in our records, Location Reporting, the Customer data delivered to your device, account suspension, cancellation after acceptance, payout holds, Customer data confidentiality, safety reporting, liability limitations, exclusions of liability, a 12-month time limit for claims and indemnities.
If you do not agree to these terms, do not use the Partner App, do not apply as a Therapist and do not accept Booking Requests.
2. Parties
This Partner User Agreement is between:
- the operator of the BookHomeMassage platform, a company incorporated in Singapore whose registered name, UEN and registered address are as published on the Platform's official channels ("Platform", "we", "us", "our"); and
- the person or business that creates, accesses or uses a Partner account ("Partner", "Therapist", "Provider", "you", "your").
We contract directly with Customers and with Providers as a single contracting entity, wherever the service is performed. No affiliate, local operator, agent, merchant or provider is a party to this Agreement unless we state otherwise in writing.
That statement identifies the only Platform entity you contract with. It does not mean that we supply or perform Massage Services. We are an intermediary. We have a contract with the Customer and a contract with you, and each of them is a contract for the Platform - the booking and order records, the account, the listing and display of Providers, the communication and support channels, and the collection of payment for a Booking - and not for the Massage Service. The contract for the Massage Service is between you and the Customer, and we are not a party to it. The Massage Service itself is performed by you as an independent provider, as set out in clause 4 and in the Independent Therapist Agreement.
In this Agreement:
- "Customer App" and "Partner App" are the two separate applications we operate;
- "Customer" is a person who submits a Booking through the Customer App and receives the service;
- "Booking" is a request submitted by a Customer for a service type, a start time, a Service Location and one specific Provider;
- "Service Location" is the address the Customer selects and submits at Booking, including venue name, street address, unit or room number and coordinates;
- "Service Country" is the country or territory in which the Service Location is situated, which determines the licences, permits, currency and payment channels that apply;
- "Booking Request" is a Provider-side order in the pending-acceptance state, which is shown only to the single Provider the Customer selected;
- "Accepted Order" is a Booking Request that you have accepted and that our backend records as accepted;
- "Online Payment Channel" is a payment channel that completes through a third-party online payment gateway and reports the payment result back to us;
- "Support" is the human support channel we operate;
- "Manual Review" and "Location Reporting" have the meanings given in clauses 5 and 14.
Where this Agreement describes a feature of either app, it applies only where that feature is provided in the app and app version you use. The two apps, and different versions and platform builds of the Partner App, do not offer the same features.
3. Legal Pack
The following documents form the Partner legal pack:
- this Partner User Agreement;
- Independent Therapist Agreement;
- Partner Privacy Policy;
- Partner Payout and Fee Policy;
- Order Acceptance and Cancellation Policy;
- Partner Safety and Acceptable Use Policy;
- any order-specific, payout-specific, market-specific or feature-specific notice shown in the Partner app.
Order of precedence. If there is a conflict between documents in the pack, the following order applies, and it is the only order of precedence that applies: (a) a country appendix published under clause 34 prevails for the place of service it covers, to the extent of the inconsistency; (b) the Independent Therapist Agreement prevails on your independent status and on the terms on which you perform Massage Services; (c) otherwise this Partner User Agreement prevails over the other documents in the pack; and (d) despite (a) to (c), where applying the prevailing document would make a mandatory legal protection invalid, or would give you less protection than another document in the pack gives you on the same subject, the document that preserves the mandatory protection or gives you the greater protection prevails.
Where you are a Provider, our liability to you and any limitation of it are governed by this Agreement and the Partner legal pack. Clause 17 applies in place of any liability limitation in the customer-side User Agreement, and no liability limitation in the customer-side User Agreement applies to a claim arising from your use of the Partner App or from your performance of a Booking.
4. Platform Role
The Platform provides a technology marketplace, booking, communication, navigation, payment-facilitation, support and administrative features. Unless we expressly state otherwise in writing, the Platform does not itself provide Massage Services to Customers.
YOU ARE RESPONSIBLE FOR THE MASSAGE SERVICES YOU ACCEPT AND PERFORM. You are not authorised to represent that you are our employee, agent, representative, medical practitioner or official staff member.
What we contract for, and who supplies the service. THE CONTRACT FOR THE MASSAGE SERVICE IS BETWEEN YOU AND THE CUSTOMER. YOU SUPPLY IT IN YOUR OWN NAME AND ON YOUR OWN ACCOUNT; WE ARE NOT A PARTY TO THAT CONTRACT, WE DO NOT SUPPLY OR PERFORM THE SERVICE, AND WE DO NOT PROMISE ANY CUSTOMER THAT WE WILL PERFORM IT. What we contract for with each side is the Platform: the booking and order records, the account, the listing and display of Providers, the communication and support channels, and the collection of payment for a Booking. Where we collect the price of a Booking from a Customer, we collect it on your behalf as the Provider of that service, and what is payable to you is that amount less Platform commission and any fee we stated to you in writing before the Booking was accepted (clause 13). We decide which service types, durations and prices the apps offer, and we decide what the apps display; that does not make us the supplier of the Massage Service and does not make us a party to your contract with the Customer.
The apps are made available internationally. Bookings may be made and performed in more than one country, and available payment channels, currencies and local requirements differ by place of service. Nothing in this Agreement assumes that any service is performed in any particular country.
You decide whether to use the Partner App, whether to accept or decline any Booking Request, and when and where you are willing to work. We do not require exclusivity, and you remain free to provide services elsewhere and for other platforms or customers, provided you do not misuse Platform confidential information, Customer data or Accepted Orders. Our platform rules, document collection, Manual Review, safety rules, operational standards, support, dispute handling, payment facilitation and compliance controls relate to safety, lawfulness, customer protection and marketplace integrity, and not to the manner in which you perform a service. Those controls are intended to protect the marketplace and do not make you our employee or agent unless applicable law determines otherwise.
5. Account Eligibility
You must:
- be at least 18 years old;
- have full legal capacity to enter into this Agreement;
- provide accurate and complete account information;
- provide the identity and profile documents we request, and cooperate with our Manual Review and with any further information request we reasonably make;
- maintain a secure device and account credentials;
- comply with all laws, rules, licences, permits, work rights, insurance obligations and tax obligations that apply to your services.
YOU MUST OBTAIN AND MAINTAIN, AT YOUR OWN COST, ALL LICENCES, PERMITS, APPROVALS, WORK RIGHTS AND REGISTRATIONS REQUIRED FOR MASSAGE OR HOME-VISIT SERVICES IN EACH PLACE WHERE YOU PERFORM THEM, AND YOU ARE SOLELY RESPONSIBLE FOR DETERMINING WHAT THOSE REQUIREMENTS ARE. You represent and warrant that you meet the minimum age required by the law of each place where you perform services, and that you hold the legal right to work there.
What our review is, and what it is not. "Manual Review" means that we request and collect identity documents, profile information and photographs from Providers and that our staff read them. Manual Review is an internal risk-management measure carried out on a best-efforts basis. We do not verify professional licences or qualifications. We do not carry out background, criminal-record, watchlist or sanctions checks, biometric or liveness checks, or work-right verification. We make no representation that any Provider holds any particular licence, certificate or qualification. Completing onboarding, or having your profile made visible in the Customer App, is not a finding by us that you are eligible, licensed, insured or permitted to perform any service, and does not reduce your own responsibility under this clause 5.
We may refuse, suspend, restrict, delist or terminate your account if we cannot satisfy ourselves as to your identity, eligibility, safety, compliance or right to provide services.
6. Account Security
You must not share, sell, rent or transfer your account. You are responsible for activity on your account unless the activity is caused by our proven security failure and cannot reasonably be attributed to your breach or negligence.
You must immediately notify us if you suspect unauthorised access, credential compromise, device loss, suspicious orders, payment misuse, customer data leakage or platform abuse.
7. App Licence
We grant you a limited, revocable, non-exclusive, non-transferable licence to use the Partner app only for lawful Partner-side marketplace purposes.
You must not:
- reverse engineer, copy, scrape, resell or interfere with the Partner app;
- bypass or attempt to bypass authentication, request signing, device or integrity checks, order-state controls, watermarks, risk controls, payout controls or any other technical or security control we apply;
- alter packets, fake device, location or order data, use automation, scripts, bots, unauthorised emulators or modified app builds;
- access accounts, orders, chats, addresses, payouts or systems you are not authorised to access;
- use the app for fraud, illegal services, sexual services, harassment, violence, money laundering, stolen payment instruments, fake bookings, account farming or data misuse.
8. Customer Data, Customer Contact Details and Communications
Customer data is confidential. You may use the Customer's name, mobile number, address, coordinates, access instructions, any notes the Customer provides, chat content and order information only for the Booking to which they relate and only as permitted by the Platform.
You must not:
- copy, export, sell, publish or retain Customer data outside approved app functions;
- contact Customers outside a current Booking or an approved support process;
- use Customer data for private bookings, marketing, stalking, harassment, doxxing, retaliation or any non-order purpose;
- share Customer data with friends, family, subcontractors, other providers or third parties unless we approve in writing or law requires it.
What we send to your device, and when. From the moment a Booking Request is created - that is, before you accept it - our systems deliver to your device the venue name, the full street address, the unit or room number, the coordinates, a map link and the Customer's mobile number as provided at Booking. The Partner App may not display all of that information before you accept, but the data is already on your device. You must treat it as confidential from the moment you receive it, whether or not you accept, and you must not use it at all if you do not accept.
The Customer's mobile number as provided at Booking is passed to you without masking or relay. There is no proxy number and no call relay. When you use a call control in the Partner App, your device dials the Customer's own number using your device's telephone function, and your own number may be visible to the Customer.
Messages are not end-to-end encrypted. Messages and support conversations are processed and retained on our servers in readable form, may be reviewed by our staff, and may be forwarded to Support and to the third-party support and messaging tools we use to operate those channels. Deleting a conversation in the app only hides it on your device; our server-side records are unaffected. Push notifications may contain the text of a message and may be displayed on your device's lock screen. Where a third-party messaging account is linked to your Partner account, order details, including the Customer's contact details, may be sent to that account.
Navigation opens a third-party map application on your device. When you use it, the Customer's address and coordinates are handled by that third party under its own terms.
You must protect Customer personal data with security measures no less protective than those required by applicable data protection law, and must notify us immediately on any suspected loss or breach of Customer data.
BREACH OF CUSTOMER DATA CONFIDENTIALITY MAY RESULT IN IMMEDIATE SUSPENSION, DELISTING, PAYOUT HOLD, INDEMNITY CLAIMS, REGULATORY REPORTING AND/OR REPORTING TO THE POLICE OR OTHER COMPETENT AUTHORITY IN THE PLACE OF THE INCIDENT.
9. Bookings, Booking Requests, Declining and Order Records
A Booking is always directed to the single Provider the Customer selects. We do not operate a job pool, we do not allocate, dispatch or match Bookings between Providers, and we do not substitute or reassign a Provider.
The Customer selects one specific Provider in the Customer App and submits a Booking for a service type, a start time and a Service Location. Where the Booking is paid through an Online Payment Channel, our systems create one Booking Request for that selected Provider once the payment channel confirms payment. Where the Booking uses a channel that does not complete through an online payment gateway (for example payment on arrival, a local bank transfer or a transfer in digital assets), the Booking is recorded and is handled by Support, and confirmation may take place outside the apps. Only the selected Provider can accept a Booking Request. A Booking Request does not reserve your time: until you accept, you may receive other Bookings for the same period.
You may accept a Booking Request or decline it, and you may also simply not respond. Declining or not responding to a Booking Request is not a breach of any agreement. It does not reduce any amount payable to you, does not affect ranking, visibility or future Bookings, does not create a cancellation, refusal, reliability or non-attendance record, and does not trigger any account measure. Once you accept, the Booking becomes an Accepted Order and you have made a specific service commitment for that time, location, service type and duration; cancellation after acceptance is dealt with in the Order Acceptance and Cancellation Policy.
If you do not accept, cancel or become unavailable, we do not choose a replacement Provider. The Customer may select a different Provider and submit a new Booking, or contact Support. Where an amount has already been paid for a Booking that you do not accept, Support will assist the Customer with rescheduling or with a refund of amounts paid; these outcomes are handled case by case by our staff and are not processed automatically by the apps. An amount paid for a Booking you did not accept is not payable to you, and returning it to the Customer is not a deduction from, or a withholding of, anything payable to you.
A Booking Request that you do not accept is not automatically cancelled or automatically refunded by our systems. It remains in our records until Support deals with it.
Availability, work status and visibility. Where the app and app version you use provides availability, leave or extra-hours settings, those settings only change the times displayed in the Customer App. Our booking systems do not validate a requested start time against those settings, so a Customer may still submit a Booking for a time you have not made available. Your work status shown in the apps is derived by our systems from order and location data and is not a setting you control. Whether your profile appears in the Customer App, and the order in which Providers are listed, is determined by us and may take account of factors including values we set internally and an approximate distance derived from Location Reporting.
We do not guarantee booking volume, Customer demand, ranking, visibility, income, profit or continued access to any feature.
A Booking Request becomes an Accepted Order only when our backend records the accepted state. The visible order number is used for customer support reference only, and is not by itself proof of identity, entitlement or authorisation. Internal platform IDs, risk decisions and payment records remain platform records. Provider-side and Customer-side orders use separate numbering.
What "completed" means. "COMPLETED" IS A STATE OF OUR RECORDS. IT IS NOT CONFIRMATION THAT A SERVICE WAS PERFORMED.
An order may be recorded as completed in any of the following ways: (a) the Provider marks it completed in the Partner App; (b) Support marks it completed; or (c) an automatic timing rule marks it completed after the booked end time plus a grace period, in which case our records show that the action was taken by our system for timing reasons and not by any person. A separate daily process may also close out orders created on an earlier day. None of these paths requires the Customer to confirm that the service was performed, and our systems do not verify arrival, attendance, start or completion. There is no arrival check, no start or completion code and no Customer confirmation step.
Accordingly, "completed", "service completed", "awaiting review" or any similar status shown in either app means only that the record has reached that state. It is not evidence that the service was performed, that it was performed as booked, or that the Customer accepted the service. Where a Booking has been paid for but was never accepted by the selected Provider, the record may still be closed out and displayed as completed or awaiting review; that display does not mean a service was performed and does not affect any remedy you may have.
If a record shows as completed but the service was not performed, or was not performed as booked, contact Support within the period we publish. We will review the records available to us, will correct any record we find to be inaccurate, and will pay or refund what is properly due. We will tell you the outcome. Nothing in this clause limits any right you have under applicable law in respect of a service that was paid for and not supplied.
Because completion may be recorded by our system rather than by you, a completed record is not by itself a statement by us that you attended or performed the service, and where a Customer disputes it we may review the underlying records and correct the record. An automatic completion may occur without any notification to you.
10. Prohibited Conduct
You must not request, offer, discuss, perform, accept payment for or facilitate sexual services, illegal services, out-of-scope services, violence, harassment, threats, voyeurism, unauthorised recording, doxxing, blackmail, drug activity, trafficking, exploitation or any criminal conduct.
You must not:
- solicit Customers off-platform;
- ask a Customer to pay you outside the payment channels we make available for that Booking;
- change the service location or the scope of the service without our approval;
- bring another person to the Service Location;
- perform services while intoxicated or impaired;
- use abusive, discriminatory, sexual, threatening or misleading communications;
- submit false documents, false reports, false location data, a false completion status or false payout claims.
11. Safety
THE PLATFORM IS NOT AN EMERGENCY SERVICE.
IF THERE IS IMMEDIATE DANGER, CONTACT THE OFFICIAL EMERGENCY NUMBER FOR THE PLACE YOU ARE IN BEFORE CONTACTING US. Emergency numbers differ between countries and territories, and you are responsible for knowing the number for the place where you are working. Where we publish a country appendix for a place of service, it lists the numbers for that place.
You may cancel or stop an order where you reasonably believe there is a genuine safety, legal, health or policy risk. You must report the issue to us through Support as soon as reasonably practicable. Reports reach us only through Support. Where a serious incident has occurred, you should also report it to the police or other competent authority in the place of the incident.
We may suspend accounts, cancel orders, preserve evidence, restrict account features, notify affected persons, cooperate with authorities or take other protective action where we reasonably believe there is a safety, fraud, privacy, payment, legal or policy issue.
Safety rules, document collection and Manual Review are marketplace risk-management measures. They are not a warranty or guarantee to any person, and they do not create a duty of care that applicable law does not already impose.
12. Suspension, Restriction and Termination
WE MAY IMMEDIATELY SUSPEND, RESTRICT, DELIST, TERMINATE, REQUIRE FURTHER INFORMATION OR A FURTHER REVIEW, CANCEL ORDERS, LIMIT FEATURES, HOLD PAYOUTS OR PRESERVE EVIDENCE WHERE WE REASONABLY BELIEVE THIS IS NECESSARY FOR SAFETY, FRAUD, PAYMENT, PRIVACY, CUSTOMER PROTECTION, LICENSING, LEGAL, REGULATORY, QUALITY, INSURANCE OR PLATFORM-INTEGRITY REASONS.
Where practicable and safe, we may provide notice. We may act without prior notice where notice may increase risk, compromise an investigation, expose another person, facilitate fraud, prejudice legal rights or breach law.
No account measure may be taken against you for declining or not responding to a Booking Request.
13. Payment and Payout Controls
Payments and payouts may be processed by third-party payment service providers.
Collection on your behalf. Where we collect an amount from a Customer for a Booking, we collect it on your behalf as the Provider of the service and not as the supplier of it. You authorise us, and any payment service provider or account we designate, to receive that amount from the Customer for that limited purpose, and payment made in that way discharges the Customer's obligation to pay you that amount. What is then payable to you is that amount less Platform commission and any fee we stated to you in writing before the Booking was accepted. Where a payment channel requires the Customer to pay you directly, we do not collect the amount and this paragraph does not apply to it; the Partner Payout and Fee Policy governs how any commission or fee on such a Booking is dealt with. Collecting payment on your behalf does not make us your agent for any other purpose, does not make us a party to your contract with the Customer, and, unless applicable law provides otherwise, does not make us a trustee of the amount collected: what you have is a contractual claim against us for what is payable to you.
AN AMOUNT PAID FOR A BOOKING YOU DID NOT ACCEPT, OR DID NOT PERFORM, IS NOT PAYABLE TO YOU. Nothing in this Agreement, and nothing in our collecting payment on your behalf, reduces, transfers or makes conditional the Customer's right to the return of an amount paid for a Booking that was never accepted, which we owe to the Customer.
The Platform does not provide a wallet, stored value facility, e-money account, remittance service or payment account unless expressly stated in a separate written notice.
Which payment channels appear at checkout is determined by us and may differ between Bookings. It depends on the channels we have enabled, the Service Country, and the country code of the mobile number the Customer provides. Some channels are available only for services performed in certain countries, and the currency of a Booking is the currency we operate for the Service Country. Where a Booking is paid on arrival, in local bank transfer or in digital assets, the payment does not complete through an online payment gateway and the Booking is handled by Support. Where we display bank, wallet or other transfer details for such a channel, the account holder shown may be a person or entity other than us, and the amount collected through that account is not held by us.
Amounts, fee names, commission and fee rates, settlement periods, payout methods, minimum payout amounts and dispute periods are as separately stated in writing by us. ANY AMOUNT, RATE, BALANCE, COUNT OR STATISTIC DISPLAYED IN THE PARTNER APP IS FOR REFERENCE ONLY, IS NOT A SETTLEMENT STATEMENT, AND IS NOT A STATEMENT BY US OF ANY CUSTOMER PRICE OR PLATFORM FEE. OUR ACCOUNTING RECORDS PREVAIL. Payout requests are reviewed and approved by our staff; we make no commitment as to when any amount arrives.
How amounts and rates may change. No commission, fee, rate or deduction is payable by you unless we stated it to you in writing before the Booking was accepted. We will give you reasonable advance notice in writing of any new or changed commission, fee, rate, deduction, settlement period, payout method, minimum payout amount or dispute period. No such change has retrospective effect, no such change reduces an amount already due to you, and a change applies only to Bookings accepted on or after its effective date. This paragraph applies in addition to the Partner Payout and Fee Policy, and neither this Agreement nor that policy may be read as allowing a change on shorter notice or with retrospective effect.
WE MAY DELAY, WITHHOLD, REVERSE, OFFSET OR ADJUST PAYOUTS WHERE REASONABLY NECESSARY FOR REFUNDS, CHARGEBACKS, PAYMENT FAILURE, FRAUD, SAFETY INCIDENTS, CUSTOMER DISPUTES, POLICY BREACHES, OFF-PLATFORM TRANSACTIONS, TAX, LEGAL, REGULATORY, SANCTIONS, ANTI-MONEY-LAUNDERING, INSURANCE OR PLATFORM RISK REVIEW. Any such action is limited to what is reasonably necessary to protect a legitimate interest, is limited to our actual loss or to amounts properly due under this Agreement, and is not applied as a penalty. There is no automatic mechanism for any such adjustment: each one is processed manually by our staff, and the Partner App does not display a record of it.
Detailed payout rules are in the Partner Payout and Fee Policy.
14. Monitoring, Location Reporting and Evidence Preservation
To protect users and the Platform, we may collect, review, preserve and use order records, chat records, support records, location reports, device signals, app events, payment status, risk signals and account actions for safety, fraud, dispute, legal, regulatory and platform-integrity purposes.
Location Reporting. The Partner App reports your device's approximate coordinates to us. That reporting begins when you sign in, recurs at a fixed interval of approximately three minutes while the app is in the foreground, and does not depend on whether you have any Booking or on the status of any order. It stops when the app goes to the background or when you sign out. Any control in the Partner App that appears to pause location sharing does not affect that reporting. We do not carry out background location tracking and we do not keep a location history: each report overwrites the previous one. Location Reporting determines whether your profile is treated as available to Customers and supports an approximate distance display. It is not used to verify arrival, attendance or performance, and there is no geofence or location-based completion check. The only ways to stop Location Reporting are to withdraw the operating-system location permission, to leave the app, or to sign out. Requests to access, correct or delete the location data we hold must be made to us through Support.
We may decline to disclose risk rules, internal scores, security methods or investigation details where disclosure may compromise safety, privacy, fraud prevention, trade secrets, legal privilege, law enforcement or platform integrity.
Further detail on what we collect, why, who receives it and how long we keep it is in the Partner Privacy Policy.
15. Intellectual Property
The Platform, app, brand, designs, software, workflows, content, trade marks, logos, algorithms, risk rules and documentation belong to us or our licensors. You do not acquire ownership rights by using the Partner app.
You must not use our name, logo, brand or marketing materials except as permitted by us.
You grant us a perpetual, irrevocable, royalty-free, worldwide licence to use, store and reproduce any feedback, profile content, photographs, service descriptions and other content you submit, for operating, improving, promoting and securing the Platform, to the extent permitted by law.
16. Disclaimers and Platform Display Content
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PARTNER APP AND PLATFORM FEATURES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE DO NOT GUARANTEE UNINTERRUPTED ACCESS, ERROR-FREE OPERATION, CUSTOMER CONDUCT, CUSTOMER PREMISES, BOOKING VOLUME, ROUTE OR DISTANCE ACCURACY, MESSAGE DELIVERY, PAYMENT TIMING, INCOME, RANKING, SAFETY OR ANY PARTICULAR COMMERCIAL RESULT.
OUR DOCUMENT COLLECTION, MANUAL REVIEW, SAFETY RULES, MONITORING AND SUPPORT ARE RISK-MANAGEMENT TOOLS FOR THE MARKETPLACE. THEY DO NOT CONSTITUTE A WARRANTY, REPRESENTATION OR GUARANTEE TO ANY PERSON THAT ANY PARTNER, CUSTOMER, PREMISES OR SERVICE IS SAFE, LAWFUL OR SUITABLE.
Platform Display Content. Ratings, review counts, positive-feedback rates, badges and labels shown in the apps or on our website are Platform Display Content. Some of them are set by us or generated by our systems and are not derived from Customer feedback. THEY MUST NOT BE RELIED ON AS A MEASURE OF ANY PROVIDER'S QUALITY, CONDUCT OR SUITABILITY. A scheduled process may add a review to an order that the Customer has not reviewed within a set period. Such a review is generated by our systems, is not feedback from the Customer, and should not be read as an assessment of the service. Language, service-type and similar labels shown against a Provider are either self-reported by the Provider or set by us, and are not verified. A displayed distance is a straight-line approximation and is not an estimate of travel or arrival time. You have no entitlement to any particular display item, and we may add, change or remove Platform Display Content at any time.
WE DO NOT SUPERVISE, DIRECT OR CONTROL ANY CUSTOMER, PROVIDER OR PREMISES, AND APART FROM THE PLATFORM RECORDS DESCRIBED IN CLAUSE 14 WE DO NOT MONITOR WHAT ANY PERSON DOES. WE DO NOT ASSUME RESPONSIBILITY FOR THE INDEPENDENT INTENTIONAL OR CRIMINAL CONDUCT OF ANY PERSON, AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND SUBJECT TO CLAUSE 18, WE ARE NOT LIABLE FOR SUCH CONDUCT.
Nothing in this clause excludes or limits liability for fraud or fraudulent misrepresentation, or for death or personal injury caused by our negligence, and nothing in this clause affects clause 18. Where a statement or display item we made or generated was inaccurate, this clause operates only as a disclosure that it must not be relied on; it does not exclude any liability we have for making it.
The disclaimers and exclusions in this clause are given for the benefit of the Company and of our affiliates, directors, officers, employees, contractors, agents, payment partners and service providers, each of whom may rely on and enforce them.
17. Liability Limitation
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE ARE NOT LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL LOSS, INCLUDING LOST PROFITS, LOST INCOME, LOST OPPORTUNITY, LOST CUSTOMERS, LOSS OF GOODWILL, LOSS OF REPUTATION, BUSINESS INTERRUPTION OR EXPECTED EARNINGS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR AGGREGATE LIABILITY TO YOU FOR ORDINARY PLATFORM-RELATED COMMERCIAL LOSS IS LIMITED TO THE GREATER OF (A) THE PLATFORM COMMISSION OR SERVICE FEE ACTUALLY RECEIVED BY US IN RESPECT OF THE ORDERS YOU PERFORMED IN THE THREE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, AND (B) THE MINIMUM AMOUNT SEPARATELY STATED IN WRITING BY US FOR THIS PURPOSE, IN THE CURRENCY IN WHICH THE RELEVANT BOOKING WAS PRICED.
The limitation above applies only where we have stated that minimum amount to you in writing before the event giving rise to the claim. Where we have not, that paragraph does not apply and no monetary cap limits our liability for such loss. The measure in limb (a) is the orders you actually performed; a record of completion created by an automatic timing rule, by a scheduled close-out process or in any other way described in clause 9 does not by itself increase or reduce that measure.
THIS CLAUSE DOES NOT APPLY TO (A) ANY OBLIGATION TO PAY, RESTORE OR REFUND AN AMOUNT PROPERLY DUE TO YOU, INCLUDING ANY AMOUNT DUE FOR ORDERS YOU PERFORMED AND ANY AMOUNT WITHHELD, SET OFF, REVERSED OR DEBITED WITHOUT PROPER BASIS, (B) ANY LIABILITY REFERRED TO IN CLAUSE 18, OR (C) ANY REMEDY UNDER LEGISLATION THAT APPLIES TO YOU AND THAT CANNOT LAWFULLY BE EXCLUDED OR LIMITED.
EACH EXCLUSION AND LIMITATION IN THIS AGREEMENT OPERATES AS A SEPARATE AND INDEPENDENT PROVISION. If any one exclusion or limitation is held void or unenforceable, the remaining exclusions and limitations continue in full force.
You acknowledge that these limitations are reasonable, having regard to the level of platform fees, your independent control over how you perform services, your ability to obtain your own insurance, and the allocation of commercial risk reflected in this arrangement.
The limitations in this clause are given for the benefit of the Company and of the persons named in clause 16, each of whom may rely on and enforce them.
18. Non-Excludable Liability
NOTHING IN THIS AGREEMENT EXCLUDES OR LIMITS LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, INCLUDING ANY CONSUMER PROTECTION OR UNFAIR CONTRACT TERMS LEGISLATION THAT APPLIES TO YOU, AND INCLUDING LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE, FRAUD, FRAUDULENT MISREPRESENTATION AND WILFUL MISCONDUCT.
WHERE LIABILITY CANNOT BE EXCLUDED BUT CAN LAWFULLY BE LIMITED, OUR LIABILITY IS LIMITED TO THE LOWEST ENFORCEABLE AMOUNT AND NARROWEST ENFORCEABLE SCOPE PERMITTED BY APPLICABLE LAW.
19. Indemnity
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE TO INDEMNIFY US, OUR AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, PAYMENT PARTNERS AND SERVICE PROVIDERS (THE "INDEMNIFIED PERSONS") AGAINST CLAIMS, LOSSES, LIABILITIES, PENALTIES, FINES, DAMAGES, COSTS AND EXPENSES (INCLUDING REASONABLE LEGAL COSTS ON A FULL-INDEMNITY BASIS) ARISING FROM YOUR BREACH, MISCONDUCT, ILLEGAL ACT, NEGLIGENCE, FRAUD, CUSTOMER DATA MISUSE, LICENCE FAILURE, WORK-RIGHT FAILURE, TAX FAILURE, OFF-PLATFORM TRANSACTION, FALSE DOCUMENT OR FALSE REPORT.
This indemnity does not require you to indemnify an Indemnified Person for loss to the extent it is caused by that person's own negligence, wilful default or breach of this Agreement, by a failure, error or design of our systems or of any content we display, by our breach of a data protection or other statutory duty, or to the extent that person could reasonably have avoided it. It does not extend to a claim arising from the performance of a Massage Service except to the extent the claim arises from a matter listed in the first paragraph of this clause.
Indemnified amounts are exclusive of and grossed up for any applicable goods and services tax, value-added tax or similar indirect tax, and are payable within a reasonable time after a written demand from us that itemises the amount claimed and the facts relied on.
Before we set off or deduct an indemnity amount from amounts otherwise payable to you, we will give you written particulars of the amount and the facts relied on and a reasonable opportunity to respond, and we will give you a record of any deduction we make. A deduction is limited to our actual loss and is not applied as a penalty.
You must not admit, settle or compromise any claim covered by this indemnity without our prior written consent, must take reasonable steps to mitigate, and must cooperate with our conduct of the defence and with our insurers where we so require.
20. Third-Party Rights
Except for the Indemnified Persons named in clause 19 and the persons expressly protected under clauses 16 and 17 (who may enforce the relevant exclusions, limitations and indemnities), a person who is not a party to this Agreement has no right under any applicable third-party rights legislation to enforce any term of this Agreement.
The parties may rescind, vary or terminate this Agreement without the consent of any such third party.
21. Time Limit for Claims
TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY CLAIM YOU BRING ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE PARTNER APP MUST BE COMMENCED WITHIN TWELVE (12) MONTHS AFTER THE EVENT GIVING RISE TO THE CLAIM, FAILING WHICH THE CLAIM IS PERMANENTLY BARRED, EXCEPT WHERE A LONGER PERIOD IS REQUIRED BY LAW.
THIS CLAUSE DOES NOT APPLY TO: A CLAIM FOR DEATH OR PERSONAL INJURY; A CLAIM BASED ON FRAUD, FRAUDULENT MISREPRESENTATION OR DELIBERATE CONCEALMENT; A CLAIM FOR THE PAYMENT, RESTORATION OR REFUND OF AN AMOUNT PROPERLY DUE TO YOU; OR ANY CLAIM IN RESPECT OF WHICH A LIMITATION PERIOD CANNOT LAWFULLY BE SHORTENED BY AGREEMENT, OR FOR WHICH A LONGER PERIOD IS REQUIRED BY LAW. Where this clause does not apply, the limitation period is the period fixed by the applicable law.
22. Individual Claims
TO THE MAXIMUM EXTENT PERMITTED BY LAW, CLAIMS BETWEEN YOU AND US MUST BE BROUGHT IN AN INDIVIDUAL CAPACITY AND NOT AS A CLAIMANT OR MEMBER IN ANY PURPORTED REPRESENTATIVE, COLLECTIVE OR CLASS PROCEEDING.
THIS CLAUSE DOES NOT APPLY TO A CLAIM FOR DEATH OR PERSONAL INJURY, OR TO ANY CLAIM THAT CANNOT LAWFULLY BE CONFINED IN THIS WAY, AND IT DOES NOT PREVENT YOU FROM PARTICIPATING IN ANY PROCEEDING OR PROCESS THAT APPLICABLE LAW OR A COMPETENT AUTHORITY MAKES AVAILABLE TO YOU.
23. Force Majeure
We are not liable for any failure or delay in performance caused by events beyond our reasonable control, including acts of God, natural disaster, epidemic, war, civil disturbance, strike, failure or interruption of telecommunications, internet, power, cloud, payment-processor, mapping or other third-party services, regulatory action or change of law.
This clause does not excuse or postpone any obligation to pay an amount already due to you. Where such an event delays the mechanics of a payment, the amount remains due and is paid as soon as the event permits.
24. Assignment
We may assign, transfer, subcontract or delegate any of our rights or obligations under this Agreement, including in connection with a merger, acquisition, reorganisation, financing or sale of assets, provided that we may only assign or transfer this Agreement to a transferee that assumes our obligations under it, and any amount already due to you remains payable by us or by that transferee. You may not assign, novate or transfer your rights or obligations without our prior written consent.
25. Entire Agreement and Non-Reliance
The Partner legal pack is the entire agreement between you and us on its subject matter and supersedes all prior discussions, representations, understandings and arrangements. You confirm that you have not relied on any statement, representation, assurance or warranty that is not expressly set out in the legal pack. Nothing in this clause limits or excludes liability for fraud or fraudulent misrepresentation. This clause is intended to operate subject to the reasonableness test applied under applicable law, as identified for Singapore in the Singapore Appendix.
26. Severability
If any provision of this Agreement is held invalid or unenforceable, it is severed to the minimum extent necessary and the remaining provisions continue in full force. Where possible, an invalid provision is to be treated as replaced by a valid provision that most closely reflects the original commercial intent.
27. No Waiver
No failure or delay by us in exercising any right or remedy is a waiver of it. A waiver is effective only if given in writing and applies only to the specific instance and purpose for which it is given. A single or partial exercise of any right does not prevent any further exercise of it.
28. No Partnership or Agency
Nothing in this Agreement creates any partnership, joint venture, employment, agency, fiduciary or franchise relationship between you and us, except that we collect the price of a Booking from the Customer on your behalf, for that limited purpose only, as described in clause 13 and in the Independent Therapist Agreement. That limited collection authority does not make us your agent for any other purpose and does not make us a party to your contract with the Customer. Apart from it, neither party may bind the other.
29. Notices
We may give notice through the Partner app, email, SMS, push notification, in-app message or other reasonable method, and such notice is deemed received when sent or first made available to you. You must keep your contact details accurate and current. Notices to us must be sent to the legal contact in clause 36.
30. Electronic Acceptance and Records
You agree to contract electronically and that your in-app acceptance is a valid signature. Our records of your acceptance (which may include legal pack version, timestamp, user ID, IP address, device and app version, and locale) and of platform events, order states, location reports, chats and payments are admissible in evidence and are prima facie evidence of the matters they record. Either party may show that a record does not reflect what actually happened, and clause 9 applies to any record of completion.
31. Survival
Clauses on customer data, confidentiality, intellectual property, monitoring, Location Reporting and evidence preservation, payment and payout controls, disclaimers and Platform Display Content, liability limitation, non-excludable liability, indemnity, third-party rights, time limit for claims, individual claims, assignment, governing law and dispute resolution, and any accrued rights, survive suspension, restriction or termination of this Agreement.
32. Changes
We may update this Agreement. Material changes will be notified through the app, website, email, SMS, push notification or other reasonable method, and we may require renewed acceptance for material changes.
If you do not accept a material change, your remedy is to stop using the Partner app and close your account. Continued use after the effective date means acceptance of the updated Agreement, except where law or platform policy requires express acceptance.
33. Governing Law and Jurisdiction
Governing law and jurisdiction. This agreement, and any dispute or claim arising out of or in connection with it (including non-contractual disputes or claims), are governed by the law of Singapore. Subject to the paragraph headed "Mandatory local protections", the courts of Singapore have exclusive jurisdiction, and you submit to that jurisdiction and waive any objection to it on the ground of forum. We may, at our sole election, instead refer a dispute to arbitration administered by the Singapore International Arbitration Centre (SIAC), seated in Singapore and conducted in English. We may in addition seek urgent injunctive or protective relief in any competent forum where necessary to protect users, safety, personal data, confidential information, evidence, intellectual property or platform integrity.
Mandatory local protections. If you are an individual habitually resident in a country or territory whose law gives you rights or protections that cannot be excluded or restricted by agreement, nothing in this agreement removes those rights or protections, and nothing prevents you from bringing proceedings in a forum that the applicable mandatory law requires. Where such a right or protection conflicts with a term of this agreement, that right or protection prevails for you to the minimum extent necessary and the remainder of the term continues to apply.
Language. The English text is the controlling version of this agreement. Any translation is provided for convenience of reading only, and in the event of inconsistency the English text prevails, except where applicable mandatory law requires otherwise.
34. Country Appendices
Country appendices. Additional terms may apply to services performed in a particular country or territory. Where we publish a country appendix for a place of service, it applies in addition to this agreement and, for that place only, prevails over any inconsistent term of this agreement to the extent of the inconsistency. As at the date of this agreement, the only country appendix in force is the Singapore Appendix. No country appendix limits the governing-law or jurisdiction provisions above.
35. Singapore Appendix
When this appendix applies. This appendix applies in addition to the rest of this Agreement, and for a place of service it covers it prevails over any inconsistent term of this Agreement to the extent of the inconsistency. The entries below headed "Emergency numbers in Singapore", "Licensing of massage services in Singapore" and "Tax in Singapore" apply only where you perform services in Singapore, or where the Service Location is in Singapore, and only to that extent. Nothing in this appendix makes a Singapore licensing, emergency-services or tax requirement applicable to a service you perform outside Singapore, and nothing in it displaces the requirements of the place where you do perform it. The remaining entries record how Singapore law, which governs this Agreement under clause 33, applies to it, and they apply wherever you perform services.
Emergency numbers in Singapore. Where you are in Singapore and there is immediate danger, contact official emergency services first: Police 999, Police emergency SMS 70999 where it is unsafe or impossible to speak, and SCDF ambulance or fire 995.
Licensing of massage services in Singapore. Massage services in Singapore are regulated, including under the Massage Establishments Act and the licensing regime administered by the Police Licensing and Regulatory Department of the Singapore Police Force. If you perform services in Singapore you must satisfy yourself as to the licences, permits and approvals that apply to you and to the premises where you perform them, and you must hold them before you perform any service. You must not state or imply to any Customer, authority or other person that home-visit massage in Singapore is exempt from licensing, or that the Platform holds any licence covering your services.
Personal data in Singapore. Where the Personal Data Protection Act 2012 applies, references in this Agreement to applicable data protection law include that Act. In particular: your obligation under clause 8 to protect Customer personal data is to be read as an obligation no less protective than the protection obligation in section 24; any transfer of Customer personal data out of Singapore must meet the transfer limitation in section 26; you must notify us immediately of any data breach so that we can assess whether it is notifiable and, if it is, notify the Personal Data Protection Commission and affected individuals within the statutory period; and our Data Protection Officer is contactable as stated in clause 36.
Statutory protections in Singapore. The carve-out in clause 18 includes, without limitation, liability and rights that cannot be excluded or restricted under the Unfair Contract Terms Act 1977, the Consumer Protection (Fair Trading) Act 2003 where it applies to you, and the Misrepresentation Act 1967. The reasonableness test referred to in clause 25 is the test applied under the Misrepresentation Act 1967 and the Unfair Contract Terms Act 1977. The 12-month limit in clause 21 does not shorten, and does not apply to the extent that it would shorten, any longer period that the Limitation Act 1959 makes non-excludable, including the period applying to a claim for personal injury under section 24A and any postponement for fraud or deliberate concealment under section 29.
Amounts and currency. Where we state an amount for the purposes of clause 17 in Singapore dollars, we do so because we are incorporated in Singapore. Where a Booking is priced in another currency, that amount is applied by converting at the rate we apply for that purpose, and clause 17 is read accordingly.
Tax in Singapore. You are responsible for your own tax position, including any registration, charging, collection, reporting and payment obligation under the Goods and Services Tax Act 1993 and the Income Tax Act 1947, and we do not withhold or account for tax on your behalf unless we state otherwise in writing.
Third-party rights in Singapore. Clause 20 operates under the Contracts (Rights of Third Parties) Act 2001.
36. Contact
Platform legal contact: as published on the Platform's official channels. Partner support: via the in-app support channel. Data Protection Officer: contact details as published in the Partner app and on the Platform's official channels.