These Terms of Use govern your use of www.urutgo.com (“Website”) as well as our mobile and desktop apps (our “Apps“) [collectively, “Urutgo Platform”].

The Urutgo Platform is the property of BLUE IDEA SDN BHD (Company No.: 1262715-W), a company incorporated under the laws of Malaysia and having its registered address at IOI BOULEVARD, B3A15 SUITE B, JALAN KENARI 4 BANDAR PUCHONG JAYA 47100 PUCHONG JAYA SELANGOR (hereinafter referred to as “Urutgo”). BY USING THE URUTGO PLATFORM, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE URUTGO PLATFORM.

Urutgo reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Urutgo Platform following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, Urutgo grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

Urutgo’s collection and use of personal information in connection with your access to and use of the Urutgo Platform is described in the Privacy Policy.

INTRODUCTION

Urutgo Platform” is an advertising and marketing platform provided by Urutgo for massage therapists and facilitates payments collection, and is NOT involved in the provision of the Services (as hereinafter defined).

Urutgo Platform helps connect customers who are looking for massage services (“Users”), to massage therapists that are listed on Urutgo Platform (“Massage Therapists”). By providing Urutgo Platform, Urutgo helps Massage Therapists reach out to more targeted customers.

Urutgo acts solely as an online platform for Users to connect with the Massage Therapists for the purposes of transacting to respectively receive and provide Services. URUTGO IS NOT ITSELF A SERVICE PROVIDER, SERVICE PROFESSIONAL OR A SERVICE USER, and is not responsible to account for or pay any tax or comply with any laws relating to tax or relevant compliance for any transaction, sale or service provided by any Massage Therapist to any User.

USER’S REPRESENTATION

By using or participating in Urutgo Platform, you represent, warrant and undertake that:

  1. you are at least eighteen (18) years of age;
  2. you are or intend to be either a Massage Therapist or User;
  3. you have the authority to enter into and accept these Terms of Use;
  4. all registration or other information that you are required to submit in order to gain full use of this Urutgo Platform for your intended purpose as a Massage Therapist or User is true and accurate and that you will maintain the accuracy of such information;
  5. your use of the Urutgo Platform and Services offered through this Urutgo Platform do not violate any applicable law or regulation which you are subject to; and
  6. you agree to make payment, if required, for any Services requested through the use of the Urutgo Platform (if any).

You may only access the Urutgo Platform using authorized means. It is your responsibility to check and ensure that you have downloaded the correct Apps for your device. Urutgo is not liable if you do not have a compatible device or if you have downloaded the wrong version of the Apps to your device. Urutgo reserves the right not to permit you to use the Urutgo Platform should you use the Apps with an incompatible or unauthorized device or for purposes other than which the Urutgo Platform is intended to be used.

Urutgo and its licensors, where applicable, hereby grant you a revocable, non-exclusive, non-transferable, non-assignable, personal, limited license to use the Urutgo Platform, solely for your own personal, non-commercial purposes, subject to the Terms of Use herein. All rights not expressly granted to you are reserved by Urutgo and its licensors.

By using Urutgo Platform, you agree that:-

  1. You shall only use Urutgo Platform for lawful purposes and for the purpose for which it is intended to be used.
  2. You shall comply in all material respect with all statutes, laws, ordinances, rules and regulations for using Urutgo Platform.
  3. You agree to cooperate with and assist Urutgo in good faith, and to provide Urutgo with such information and take such actions as may be reasonably requested by Urutgo with respect to any investigation undertaken by Urutgo or a representative of Urutgo regarding the use or abuse of Urutgo Platform.
  4. You will not copy, distribute, or make derivative works of the Urutgo Platform in any medium without Urutgo’s prior written consent.
  5. You will not alter or modify any part of the Urutgo Platform other than as may be reasonably necessary to use the Urutgo Platform for its intended purposes.
  6. You will otherwise act in accordance with these Terms of Use and with all applicable laws.
  7. You are solely responsible for safeguarding your password for your Urutgo Account (as hereinafter defined) and shall keep your password secure at all times. You shall be solely responsible for all activity that occurs on your Urutgo Account and you shall notify Urutgo immediately of any breach of security or any unauthorised use of your Urutgo Account. Similarly, you shall never use another person’s Urutgo Account without permission. You agree that you will not misrepresent yourself or represent yourself as another user of the Urutgo Platform and/or the services offered through the Urutgo Platform. You hereby acknowledge and agree that Urutgo will not be liable for your losses caused by an unauthorised use of your Ururtgo Account. Notwithstanding, you may be liable for the losses of Urutgo or others due to such unauthorised use.
  8. In addition and in connection with the use of your Urutgo Account, you acknowledge and agree that:-
    1. You shall not use any automated system, including but not limited to, “robots,” “spiders,” “offline readers,” “scrapers,” etc., to access the Urutgo Platform for any purpose without Urutgo’s prior written approval;
    2. You shall not in any manual or automated manner collect Massage Therapists’ or Users’ information, including but not limited to names, addresses, phone numbers, or email addresses, copying copyrighted text, or otherwise misuse or misappropriate Urutgo Platform information or content, including but not limited to, use on a “mirrored”, competitive, or third party site;
    3. You shall not in any way that transmits more request messages to the Urutgo Platform servers, in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser or application; provided, however, that the operators of public search engines may use spiders or robots to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such material. Urutgo reserves the right to revoke these exceptions either generally or in specific cases;
    4. You shall not recruit, solicit, or contact via any medium, any Massage Therapists or Users for employment or contracting for a business not affiliated with Urutgo Platform without prior written authorization from Urutgo;
    5. You shall not take any action that (i) unreasonably encumbers or, in Urutgo’s sole discretion, may unreasonably encumber the Urutgo Platform’s infrastructure; (ii) interferes or attempts to interfere with the proper working of the Urutgo Platform or any third-party participation in the Urutgo Platform; or (iii) bypasses Urutgo Platform’s measures that are used to prevent or restrict access to the Urutgo Platform;
    6. You shall not do anything to do anything to circumvent or avoid any fees that Urutgo Platform may charge;
    7. You shall not leave any untrue or inappropriate feedback about a Massage Therapist or User and you shall at all times use careful and good judgment in leaving any feedback or review;
    8. You agree not to collect or harvest any personally identifiable data, including without limitation, names or other Urutgo Account information, from the Urutgo Platform, nor to use the communication systems provided by the Urutgo Platform for any commercial solicitation purposes;
    9. You will provide Urutgo with proof of identity as it may reasonably request or require;
    10. You acknowledge and agree that you shall only register for one (1) account;
    11. You agree to provide accurate, current, material 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 these Terms of Use. You agree that Urutgo 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, Urutgo has the right but not the obligation to terminate this agreement and your use of the Service at any time with or without notice;
    12. You will only use an access point or data account which you are authorized to use;
    13. You shall not employ any means to defraud Urutgo or enrich yourself, through any means, whether fraudulent or otherwise, through any event, promotion or campaign launched by Urutgo to encourage new subscription or usage of the Service by new or existing User.
  9. You hereby agree that you shall not:-
    1. engage in any conduct which is prejudicial to Urutgo;
    2. do or omit to do or permit or suffer any act or thing which may in the sole opinion of Urutgo bring Urutgo or Urutgo Platform into disrepute or which may in the sole opinion of Urutgo damage or conflict with the interests of Urutgo;
    3. hold yourself out as being agent, employee, servant or partner of Urutgo whether expressly or implied or by use of stationeries, papers, letters, documents or other material containing the intellectual property rights of Urutgo or otherwise;
    4. include any information in your profile that is fraudulent or otherwise incorrect;
    5. conduct fraud or misconduct on any promotions or partnerships which Urutgo Platform may conduct;
    6. use your profile or Urutgo Platform for promoting (i) products or goods or services which are not offered by you through Urutgo Platform; (ii) services which are not a recognized category on Urutgo Platform; (iii) any website, service, product, party or anything not directly related to your Services or otherwise prohibited by Urutgo Platform in its sole discretion from time to time; or (iv) any services that may be prohibited under law;
    7. offer or solicit any other services or do anything that contravenes the terms and conditions herein, the Privacy Policy or any laws;
    8. authorize others to use your identity or status;
    9. assign or otherwise transfer your Urutgo Account to another party;
    10. breach or circumvent any (i) applicable laws or regulations; (ii) Privacy Policy; (iii) these Terms of Use; and/or (iv) Urutgo’s other policies or standards;
    11. dilute, tarnish or otherwise harm Urutgo brand in any way, including through unauthorized use of content, registering and/or using Urutgo or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to Urutgo domains, trademarks, taglines or promotional campaigns.
  10. Your Submitted Content – Prohibitions, Representations and Warranties
    1. You shall not upload, post, transmit, transfer, disseminate, distribute, or facilitate distribution of any content, including text, images, video, sound, data, information, or software, to any part of the Urutgo Platform including but not limited to (i) your profile; (ii) the posting of your service; (iii) the posting of your desired service; or (iv) the posting of any opinions or reviews in connection with the Urutgo Platform, the service, the Massage Therapist, or the User (collectively referred to as “Submitted Content“) that
      1. misrepresents the source of anything you post, including impersonation of another individual or entity of any false or inaccurate biographical information, provides or create links to external sites that violate these Terms of Use, is intended to harm or exploit any individual in any way or is designed to solicit, or collect personally identifiable information of any person without his or her express consent;
      2. invades anyone’s privacy by attempting to harvest, collect or otherwise utilize or publish any of their information without their knowledge and willing consent;
      3. contains falsehoods or misrepresentations that could damage Urutgo or any third party;
      4. is pornographic, harassing, hateful, illegal, obscene, defamatory, libelous, slanderous, threatening, discriminatory, racially, culturally, or ethnically offensive; incites, advocates, or expresses pornography, obscenity, vulgarity, profanity, hatred, bigotry, racism or gratuitous violence, encourages conduct that would be considered a criminal offence, give rise to civil liability or violate any law, promotes racism, hatred or physical harm of any kind against any group or individual, contains nudity, violence or inappropriate subject matter, or is otherwise inappropriate;
      5. is in whole or part copyrighted, protected trade secret or otherwise subject to third-party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from the rightful owner to post the material and to grant Urutgo all of the license rights granted therein;
      6. is intended to threaten, stalk, defame, defraud, degrade, victimize, or intimidate an individual or group of individuals for any reason or to incite or encourage anyone else to do so;
      7. intends to harm or disrupt another user’s computer or would allow others to illegally access software or bypass security on Urutgo Platform or servers through any means;
      8. advertises or solicits a business not related to or appropriate for the Urutgo Platform (as determined by Urutgo in its sole discretion);
      9. contains or could be considered “junk mail”, “spam”, “chain letters”, “pyramid schemes”, “affiliate marketing”, or unsolicited commercial advertisement;
      10. contains advertising for ponzi schemes, discount cards, credit counseling, online surveys or online contests;
      11. distributes or contains viruses or any other technologies that may harm Urutgo, or the interests or property of Urutgo Platform’s users;
      12. contains links to commercial services or websites, except as allowed pursuant to the Terms of Use; and/or
      13. is non-local or irrelevant content.

      You are solely and fully responsible for your own Submitted Content and the consequences of posting or publishing it. You hereby affirm, represent, and/or warrant that:-

      1. you own or have the necessary licenses, rights, consents, and permissions to use and authorize Urutgo to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all Submitted Content;
      2. you have the written consent, release, and/or permission of each and every identifiable individual person in the Submitted Content to use the name or likeness of each and every such identifiable individual person; and
      3. you agree to pay for all royalties, fees, and any other monies owing any person by reason of any Submitted Content posted by you to or through the Urutgo Platform.
      4. you hereby grant, and you represent and warrant that you have the right to grant to Urutgo a perpetual, worldwide, non-exclusive, royalty-free, sub-licenseable and transferable license to link to, use, reproduce, distribute, reformat, translate, prepare derivative works of, display, and perform the Submitted Content in connection with the Urutgo Platform and Urutgo’s (and its successor’s) business operations, including without limitation, for the promotion and redistribution of any part or all of the Urutgo Platform (and any derivative works in any media formats and through any media channels).
      5. You also hereby grant each user of the Urutgo Platform a non-exclusive license to access your Submitted Content through the Urutgo Platform, and to read and use, such Submitted Content as permitted through the functionality of the Urutgo Platform and under these Terms of Use
  11. Urutgo does not endorse any Submitted Content or any opinion, recommendation, or advice provided by any Users and Urutgo expressly disclaims any and all liability in connection with all Submitted Content.
  12. Urutgo does not permit copyright infringing activities and infringement of intellectual property rights on the Urutgo Platform, and Urutgo will remove any data or Submitted Content in its sole discretion, upon being notified or having reason to believe that an infringement has occurred, without prior notice to a user who has or is suspected to have conducted such infringement. Urutgo may take any action or steps it deems fit in its sole discretion against such infringer.
  13. Urutgo reserves the right in its sole and absolute discretion to decide whether any data or Submitted Content is appropriate and complies with these Terms of Use for any and all violations.
  14. You acknowledge and understand that when using the Website, you will be exposed to Submitted Content:
    1. from a variety of sources and that Urutgo is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Submitted Content; and
    2. that is or may be inaccurate, offensive, indecent, or objectionable, and you agree to and hereby waive any legal or equitable rights or remedies you have or may have against Urutgo, and agree to indemnify and hold Urutgo, its owners, members, managers, operators, directors, officers, employees, agents, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Urutgo Platform.
  15. You are solely responsible for the photos, profiles and other content, including, without limitation, Submitted Content, that you publish or display on or through the Urutgo Platform, or transmit to other Urutgo Platform’s users. You understand and agree that Urutgo may, in its sole discretion and without incurring any liability, review and delete or remove any Submitted Content that violates this Terms of Use or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Urutgo Platform’s users or others.

RELATIONSHIP

It is important to note that in agreeing to pay a certain price for a defined scope of service, the User is entering into an agreement with the Massage Therapist directly. Urutgo Platform provides an advertising and marketing platform for the Massage Therapists and facilitates payments collection, and is NOT INVOLVED in the fulfilment of the agreement or performing the service.

You hereby acknowledge and confirm that URUTGO IS NOT ITSELF A SERVICE PROVIDER, SERVICE PROFESSIONAL OR A SERVICE USER, and is not responsible to account for or pay any tax or comply with any laws relating to tax or relevant compliance for any transaction, sale or service provided by any Massage Therapists to any User.

The relationship between Urutgo and you is limited to being an independent, third-party contractor, and NOT AN EMPLOYEE, AGENT, REPRESENTATIVE, JOINT VENTURER OR PARTNER OF URUTGO/URUTGO PLATFORM for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf, or for the benefit, of Urutgo or Urutgo Platform. You hereby acknowledge and confirm that neither Urutgo nor you may direct or control the day-to-day activities of the other, or create or assume any obligation on behalf of the other.

Urutgo is not acting as an agent in any capacity for any User or Massage Therapist.

ENGAGEMENT OF SERVICE

As a User, you shall not:

  1. commit to purchasing or using a Service with no intention of paying for such Service;
  2. sign up, request or negotiate a price for, use, or otherwise solicit a service (i) with no genuine intention as at the time of such conduct of following through with your use of or payment for the Service; (ii) for the purposes of using pricing, quotations or other information received in doing so for commercial or competitive purposes, business or market intelligence purposes or general surveying; or (iii) any other non-personal use;
  3. request for or agree to purchase a service when (i) you know, have reason to believe or have been put on notice that you do not meet the Massage Therapist’s terms; or (ii) with the intention of causing disruption, committing fraud or other tortious or illegal purpose;
  4. make any booking on behalf of any third party.

When the booking is placed and accepted by the User/Massage Therapist and you, you are entering into a legally binding agreement with the said User/Massage Therapist. You hereby acknowledge and agree that Urutgo is NOT a party to any oral or written agreement for the Services or any agreement or contract entered into between the Users and the Massage Therapist in connection with any Services offered, directly or indirectly, through the Urutgo Platform.

You agree that the Service is provided on a reasonable effort basis. You shall not intentionally or unintentionally cause or attempt to cause damage to the Massage Therapist. You agree and understand that User shall pay the Services Charges to Massage Therapist through the designated payment gateway (“Gateway”). Any applicable Services Charges (including any applicable taxes) will be displayed to the User prior to booking a Service. You agree that the Services Charges paid by you are not refundable. You shall not change, modify or alter any Confirmed Booking. You shall not request or make any payment for Services Charges outside of Urutgo Platform. If you do so, you acknowledge and agree that you: (i) would be in breach of these Terms of Use; (ii) accept all risks and responsibility for such payment; and (iii) hold Urutgo harmless from any liability for such payment.

As a User, you shall declare any material information with respect of your health condition.

As a User, you are encouraged to exercise reasonable and independent judgement, discretion and care in deciding to hire and engaging with a Massage Therapist.

YOU ACKNOWLEDGE THAT SOME EXPERIENCES, EVENTS OR ENGAGEMENT OF SERVICES MAY CARRY INHERENT RISK, AND BY PARTICIPATING IN SUCH SERVICES, YOU CHOOSE TO ASSUME THOSE RISKS VOLUNTARILY. You assume full responsibility for using Urutgo Platform and offering or accepting the booking.

You agree to release and hold harmless Urutgo from all liabilities and claims that arise in any way from any injury, death, loss or harm that occurs to you during the provision of Services by Massage Therapists.

In the event that you feel that any Massage Therapist or User you interact with, whether online or in person, is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) she suspects of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to Urutgo by contacting Urutgo with your police station and report number (if available). You agree that any report you make will not obligate Urutgo to take any action (beyond that required by law, if any).

CANCELLATION

If the User intends to cancel any booking;-

  1. the User shall serve a minimum two (2) hours’ notice (“Proper Cancellation Notice”) prior to the Booking Time to Urutgo. The prescribed Cancellation Fee (as hereinafter defined) will be imposed for any cancellation by the User for whatsoever reason. The balance of the Service Charges will be refunded to the User within seven (7) Business Days upon receiving the aforesaid Proper Cancellation Notice;
  2. in the event that the User fails to serve the Proper Cancellation Notice, the Services Charges paid by the User will be forfeited and not refunded.

All cancellations shall be notified by the User within normal office hours from 08:00-20:30.

In certain circumstances, Urutgo may decide, in its sole discretion, that it is necessary to cancel a booking made by the User. Urutgo is not obligated to disclose any reason for such cancellation. The Services Charges paid by the User will be fully refunded to the User within seven (7) Business Days from the date of said cancellation by Urutgo.

RATING AND REVIEW

As a User, you may submit public review and/or star rating against Massage Therapist and her Services upon completion of Services (“Rating and Review”). Notwithstanding the foregoing, you shall not make any defamatory statement in the Urutgo Platform.

You are prohibited from manipulating the Ratings and Reviews system in any manner, such as instructing a third party to write a positive or negative review about Massage Therapist.

DISPUTE

You understand and acknowledge that deciding whether to:

  1. use the Services of a Massage Therapist;
  2. provide Services to a User; or
  3. use information contained in any Submitted Content,

is your personal decision, for which you alone are responsible. You understand that Urutgo does not and cannot make representations as to the suitability of any User or Massage Therapist you may decide to interact with on or through the Urutgo Platform and/or the accuracy or suitability of any advice, information, or recommendations made by any User.

In the event of any dispute between you and a User, Massage Therapist or any other third party or user in relation to the Urutgo Platform, such dispute shall be resolved between you and such User, Massage Therapist or any third party or user, and Urutgo shall not have or hold any responsibility, liability or obligation in relation thereof.

While we may help facilitate the resolution of disputes, Urutgo has no control over and does not guarantee (i) the existence, quality, safety, suitability, or legality of any listings or services, (ii) the truth or accuracy of any listing descriptions, Ratings & Reviews, or other Submitted Content, or (iii) the performance or conduct of any Massage Therapist, User or third party. You agree to cooperate with and assist Urutgo in good faith, and to provide Urutgo with such information and/or documents and take such actions as may be reasonably requested by Urutgo, in connection with any dispute, claims or complaints made by the User or the Massage Therapist relating to (i) Massage Therapist and/or provision of Services; (ii) User; (iii) payments and refunds; and/or (iv) other issue. You shall, upon Urutgo’s reasonable request and at no cost to you, participate in mediation or a similar resolution process with another Massage Therapists or User, which process will be conducted by Urutgo or a third party selected/appointed by Urutgo, with respect to such dispute, claims and complaints. The findings and results of investigation conducted by Urutgo shall be final and conclusive.

You agree not to disclose and/or discuss any part of the dispute, claims or complaints in public, including but not limited to any social media platforms and Urutgo Platform.

SUSPENSION

Urutgo may at any time suspend your Urutgo Account without notice and for any reason which is may but is not obliged to disclose.

TERMINATION

Urutgo reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Urutgo Platform or any part thereof with or without notice and in its sole discretion. You agree that Urutgo shall not be liable to you or to any third party for any modification, suspension or discontinuance of Urutgo Platform and services.

You hereby acknowledge and agree that Urutgo in its sole and absolute discretion has the right but not the obligation to delete, terminate, or deactivate your Urutgo Account, block your email or IP address, cancel the Urutgo Platform or otherwise terminate your access to or participation in the use of the Urutgo Platform or any part thereof, or remove and discard any Submitted Content on the Urutgo Platform immediately and without notice and for any reason which is may but is not obliged to disclose.

You agree to indemnify and hold Urutgo, and its officers, managers, members, affiliates, successor, assigns, directors, agents, suppliers, and employees harmless from any claim or demand, including reasonable attorneys’ fees and court costs, made by any third party due to or arising out of the termination.

The exercise of rights of termination under this clause will not prejudice any right of either party to damages or other rights or remedies in respect of the default giving rise to such termination or in respect of any rights or obligations already accrued under these Terms of Use at the date of termination.

Upon termination of these Terms of Use, the following shall occur:-

  1. your right to participate in Urutgo Platform in any way shall automatically terminate;
  2. All Confirmed Booking shall automatically terminate;
  3. Your Urutgo Account will be disabled and you may not be granted access to your Urutgo Account or any files or other data contained in your Urutgo Account. However, such residual data may remain in the Urutgo system; and
  4. all licenses granted to you will be terminated/cancelled, if any.

AVAILABILITY OF PLATFORM

Urutgo may, from time to time and without giving any reason or prior notice, upgrade, modify, suspend or discontinue the provision of or remove, whether in whole or in part, Urutgo Platform or any services and shall not be liable if any such upgrade, modification, suspension or removal prevents you from accessing Urutgo Platform or any part of the services.

DISCLAIMER OF WARRANTIES

Urutgo makes no representation, warranty, or guarantee as to the reliability, timeliness, quality, suitability, availability, accuracy or completeness of Urutgo Platform, the products and services, the application, the software and/or rewards. Urutgo does not represent or warrant that (a) the use of Urutgo Platform, the products and services, the application and/or the software will be safe and secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data; (b) Urutgo Platform and the products and services and/or rewards will meet your requirements or expectations; (c) any stored data will be accurate or reliable; (d) the quality of any products, services, information, rewards or other materials purchased or acquired by you through Urutgo or the application will meet your requirements or expectations; (e) errors or defects in the application and/or the software will be corrected; (f) the application or the server(s) that make the application available are free of viruses or other harmful components; or (g) the application and/or the software tracks you or the vehicle used by the third party transportation provider. Urutgo Platform and the service are provided to you strictly on an “as is” basis. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY EXCLUDED AND DISCLAIMED BY URUTGO TO THE HIGHEST AND MAXIMUM EXTENT.

Urutgo makes no representation, warranty, or guarantee as to the reliability, safety, timeliness, quality, suitability or availability of Urutgo Platform and/or any products and services, including but not limited to the third party transportation or other services and products obtained by or from third parties through the use of the service, the application and/or the software. YOU ACKNOWLEDGE AND AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF URUTGO PLATFORM, INCLUDING BUT NOT LIMITED TO THE THIRD PARTY TRANSPORTATION OR OTHER SERVICES AND PRODUCTS REMAIN SOLELY AND ABSOLUTELY WITH YOU AND YOU SHALL HAVE NO RECOURSE WHATSOEVER TO URUTGO.

VERIFICATION AND SCREENING

Any references to User or Massage Therapist being “verified” (or similar language) only indicate that the said User or Massage Therapist has completed a relevant verification or identification process and nothing else. Any such description IS NOT AN ENDORSEMENT, CERTIFICATION OR GUARANTEE BY URUTGO ABOUT ANY USER OR MASSAGE THERAPIST, INCLUDING OF THE HIS/HER IDENTITY OR BACKGROUND OR WHETHER THE HE/SHE IS TRUSTWORTHY, SAFE OR SUITABLE. YOU SHOULD ALWAYS EXERCISE DUE DILIGENCE AND CARE when deciding whether to engage the service of the Massage Therapist, participate in an event or use other services, accept a booking request from a User, or communicate and interact with other Massage Therapists or User, whether online or in person.

Urutgo does not assume any responsibility for the confirmation of identity of any User or Massage Therapist. Notwithstanding the above, for transparency and fraud prevention purposes, and as permitted by applicable laws, Urutgo may, BUT HAVE NO OBLIGATION to (i) ask User or Massage Therapist to provide a form of government identification or other information or undertake additional checks designed to help verify his/her identities or backgrounds; and (ii) screen Massage Therapist against third party databases or other sources and request reports from service providers.

You hereby acknowledge that Urutgo has no obligation to monitor the access to or use of Urutgo Platform by any User or Massage Therapist or to review any content.

NON DISPARAGEMENT

You hereby agree that, during subsistence of these Terms of Use and at any time after termination of these Terms of Use, you will not, directly or indirectly, through yourself or any agent or affiliate, make any disparaging comments or criticisms (whether of a professional or personal nature) to Urutgo, Urutgo Platform and/or any individual or other third party (including without limitation any User and any present or former member, partner or employee of Urutgo) or entity regarding Urutgo or any of their respective affiliates, members, partners or employees, or regarding your relationship with Urutgo or the termination of such relationship which, in each case, are reasonably expected to result in material damage to the business or reputation of Urutgo, Urutgo Platform and/or any of its affiliates, members, partners or employees.

INDEMNITY

You hereby agree to indemnify, defend and hold harmless Urutgo, its directors, officers, employees, consultants, agents and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use of Urutgo Platform or your breach of Terms of Use or your actions in causing any damage or loss to Urutgo.

LIABILITY

To the maximum extent permitted by applicable law, in no event shall Urutgo be liable whether in contract, warranty, tort (including, without limitation, negligence (whether active, passive or imputed), product liability, strict liability or other theory), or other cause of action at law, in equity, by statute or otherwise, for:-

    1. (i) loss of use; (ii) loss of profits; (iii) loss of revenues; (iv) loss of data; (v) loss of good will, in each case whether direct or indirect; or
    2. any indirect, incidental, special or consequential damages, arising out of or in connection with the use or inability to use Urutgo Platform, the products or the services, including, without limitation, any damages resulting therefrom, even if you have been advised of the possibility of such damages.

You acknowledge and agree that your only right with respect to any problems or dissatisfaction with Urutgo Platform, the products and/or the services is to request for termination of your Urutgo Account and/or discontinue any use of the products and/or the services.

If, notwithstanding the previous clauses, Urutgo is found by a court of competent jurisdiction to be liable (including for gross negligence), then, to the maximum extent permitted by applicable law, its liability to you or to any third party is limited to: (a) the relevant Service Charges paid by you for any Services; OR (b) Ringgit Malaysia One Hundred (RM100/-), whichever is lesser.

THIRD PARTY SITES OR ADVERTISEMENTS

Aspects of Urutgo Platform and other services may be supported by advertising revenue. As such, Urutgo may display advertisements and promotions on Urutgo Platform. The manner, mode and extent of advertising by Urutgo on Urutgo Platform are subject to change and the appearance of advertisements on Urutgo Platform does not necessarily imply endorsement by Urutgo of any advertised products or services. You agree that Urutgo shall not be responsible or liable for any loss or damage of any sort incurred by you as a result of any such dealings or as the result of the presence of such advertisers on Urutgo Platform.

Urutgo Platform may provide, or third parties may provide, links, contact forms and/or phone numbers to other websites or resources, including, without limitation, social networking, blogging and similar websites through which you are able to log into the Urutgo Platform using her existing account and log-in credentials for such third-party websites. You acknowledge and agree that Urutgo is not responsible for the availability of such external sites or resources, and is not responsible or liable for any content, advertising, products, goods or services on or available from such websites or resources. Unless expressly stated on Urutgo Platform, links to third-party sites should in no way be considered as or interpreted to be Urutgo’s endorsement of such third-party sites or any product or service offered through them.

Urutgo does not monitor or has any control over, and make no claim or representation regarding third party websites or application. To the extent such links are provided by Urutgo, they are provided only as a convenience, and a link to a third party website or application does not imply Urutgo’s endorsement, adoption or sponsorship of, or affiliation with, such third-party website or application.

You hereby acknowledge and agree that Urutgo shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, advertising, product, goods or services available on or through any such website or resource. You shall check the terms and conditions of those websites or application. It is your obligation to comply with any terms and conditions of any third parties that you may come into contact with either directly or indirectly through the use of Urutgo Platform, and you accept all responsibility thereof.

INTELLECTUAL PROPERTY OWNERSHIP

Urutgo and its licensors, where applicable, shall own all right, title and interest, including all related intellectual property rights, in and to Urutgo Platform and its software and/or the application and by extension, any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you and/or other Users or other Massage Therapists or any other party relating to the Urutgo Platform. These Terms of Use do not constitute a sale agreement and do not convey to you any rights of ownership in or related to Urutgo Platform, the software and/or the application, or any intellectual property rights owned by Urutgo and/or its licensors. Urutgo’s name, Urutgo’s logo, Urutgo Platform, the software and/or the application and the third party transportation providers’ logos and the product names associated with the software and/or the application are copyrights and trademarks of Urutgo or third parties, and no right or license is granted to you 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.

You shall not at any time during or after termination of these Terms of Use contest, or assist any other person in contesting, the validity, enforceability or ownership of any of the intellectual property rights.

BINDING EFFECT

These Terms of Use shall be binding upon the heirs, executors, administrators, successors in title and assigns of the Parties hereto.

LAW

These Terms of Use shall be governed by and construed in accordance with the laws of Malaysia.

ENTIRE TERMS

The Terms of Use, together with the Privacy Policy and Platform Agreement (if applicable) and any other legal notices or additional policies published by Urutgo on the Urutgo Platform, shall constitute the entire agreement between you and Urutgo concerning the Urutgo Platform.

SEVERABILITY

If the whole or any part of any term or provision in these Terms of Use shall be held to be illegal or unenforceable such term or provision or part thereof shall to that extent be deemed not to form part of these Terms of Use but the validity and enforceability of the remainder of these Terms of Use shall not be affected.

ASSIGNMENT

Your rights or obligations under these Terms of Use herein shall not be assignable or transferable, in whole or in part, by operation of law or otherwise, without the prior written consent of Urutgo.

Urutgo may assign any of its rights or transfer any of its obligations hereunder to any third party without your prior written consent.

NOTICE

Urutgo may give notice by means of a general notice on the Urutgo Platform; or electronic mail to your email address in the records of Urutgo; or by written communication sent by registered mail or pre-paid post to your address in the record of Urutgo. Such notice shall be deemed to have been given upon the expiration of 24 hours after mailing or posting (if sent by registered mail or pre-paid post) or 1 hour after sending (if sent by email) or immediately (if sent by Urutgo Platform). You may give notice to Urutgo (such notice shall be deemed given when received by the Company) by letter sent by courier or registered mail to Urutgo using the contact details as provided in Urutgo Platform.

WAIVER

No waiver by either party of any breach or default by the other party shall constitute a waiver of the provisions of these Terms of Use with respect to any subsequent breach thereof.

DEFINITIONS & INTERPRETATION

Unless the context otherwise requires, the following expressions shall have the following meanings:-

Booking Time Means the date and time as mutually agreed upon by the relevant Massage Therapist and User, for provision of Services by the relevant Massage Therapist;
Cancellation Fee Means a sum equivalent to three per centum (3%) of the Services Charges;
Confirmed Booking Means the booking agreed by the relevant Massage Therapist and the User;
Privacy Policy Means the privacy policy of Urutgo which to be amended and updated by Urutgo from time to time;
Services Means the massage services to be provided by the Massage Therapists;
Services Charges Means the services charges imposed by the Massage Therapists for the Services provided or to be provided by Massage Therapists to the User;
Urutgo Account Means the accounts created by the Massage Therapists or the Users, as the case may be, in Urutgo Platform.

In these Terms of Use, unless the contrary intention appears:-

  1. Except where otherwise stated, any reference to any statutory provision includes a reference to any modification, extension or re-enactment thereof (whether made before or after the date hereof) for the time being in force and also includes a reference to all by-laws, instruments, orders and regulations for the time being made thereunder or deriving therefrom.
  2. Except to the extent that the context requires otherwise, references to the singular shall include references to the plural and vice versa.
  3. Words denoting one gender include the other gender.
  4. Words denoting persons include corporations and also include their respective heirs, personal representatives, successors in title or permitted assigns, as the case may be.
  5. References to “include” and “including” shall be construed without limitation.
  6. Where a word or phrase is given a defined meaning in these Terms of Use, any other part of speech or other grammatical form in respect of such word or phrase has a corresponding meaning.
  7. Where a word or phrase indicates an exception to any of the provisions of these Terms of Use and a wider construction is possible, such word or phrase is not to be construed ejusdem generis with any foregoing words or phrases and where a word or phrase serves only to illustrate or emphasize any of the provisions of these Terms of Use, such word or phrase is not to be construed, or to take effect as limiting the generality of such provision.
  8. Any reference to “writing”, or cognate expressions, includes any communication effected by facsimile transmission, electronic mail (“email”) or other comparable or electronic means.
  9. If any period of time is specified from a given day, or the day of a given act or event, it is to be calculated exclusive of that day and if any event must occur on a stipulated day which is not a Business Day, then the stipulated day will be taken to be the next Business Day. “Business Day” means a day other than Saturday, Sunday and a day which is a gazetted public holiday in Malaysia.

The table of contents, headings and sub-headings in these Terms of Use are inserted merely for convenience of reference and shall be ignored in the interpretation and construction of any of the provision herein contained.