Terms of Use
These terms of service (the "Agreement" or "Terms of Use") govern the use of and access to the No.1 Service App and Website (as defined below), including any content, functionality, and services provided by United Asia Empire Company Limited.
This Agreement is made between you, the customer ("You" or "Customer"), and No.1 Service (each referred to individually as a "Party" or collectively as the "Parties"), in the event that You wish to use the No.1 Service App and/or Website to engage No.1 Service service partners (collectively or individually referred to as "Service Partner(s)") to provide Services (as defined below) to You using the No.1 Service Platform (as defined hereinafter).
If You do not agree to accept and be governed by this Agreement, You must discontinue using the No.1 Service Platform immediately. You acknowledge and agree to be bound by this Agreement by using the No.1 Service Platform or any element of it.
PLEASE READ THIS AGREEMENT CAREFULLY AND THOROUGHLY.
If not otherwise specified in the text of this Agreement, capitalized words in this Agreement have the meaning provided to them in Exhibit A.
THIS AGREEMENT CONTAINS ESSENTIAL INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MAY APPLY TO YOU. PLEASE READ IT THOROUGHLY. THESE TERMS REQUIRE DISPUTES TO BE RESOLVED INDIVIDUALLY, AND YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY. YOU ACCEPT AND AGREE TO THESE TERMS OF USE BY USING THE NO.1 SERVICE PLATFORM.
THE PARTIES CONCLUDE ON THE FOLLOWING:
PART 1: GENERAL
This Agreement is a legally enforceable contract between No.1 Service and the Client. This Agreement contains provisions that define the Customer's legal rights and obligations with respect to I the No.1 Service Platform as a whole, including the forums, various email functions, and internet links, as well as all content, functionality, and No.1 Service services available through the domain and sub-domains of No.1 Service located at www.no1serviceapp.com (collectively referred to herein as the "Website") and the No.1 Service App, and (ii) the online transactions between Customer and No.1 Service.
You acknowledge that you have also read the Privacy Policy, which is accessible via the link Privacy Policy as well as the link titled "Privacy" on the Website and applies to all users of the No.1 Service Platform, including users who contribute video content, information, private and public messages, advertisements, and other materials to the No.1 Service Platform.
You acknowledge that the No.1 Service Platform serves as a venue for the online transmission, distribution, and publication of information submitted and exchanged between Customer and No.1 Service (including the Service Partners) and making bookings for Services, and that by using, visiting, registering for, and/or otherwise participating in this Website or the No.1 Service App, including the use of any services presented, promoted, and displayed on the No.1 Service Platform, and/or by clicking on "I have read and agreed to the Terms and Conditions," you agree to
Furthermore, You represent and warrant that (a) you are at least 18 years old or the age of majority in the relevant jurisdiction, whichever is greater, and are fully capable and competent to enter into and comply with this Agreement, and (b) you are entering into this Agreement in your individual, personal capacity, and not on behalf of any organization or entity.
PART 2: GENERAL TERMS
Use of No.1 Service's Services
- No.1 Service allows Customers to access services available on the No.1 Service App and Website, including utilizing the No.1 Service App and Website to effectuate transactions conducted on the No.1 Service App and/or Website.
- The Customer accepts that by accepting this Agreement, the Customer is agreeing to access and use the No.1 Service Platform as well as get Services via the No.1 Service Platform in line with this Agreement.
Account Creation
- The Customer shall utilize the No.1 Service Platform to contract for Services with No.1 Service. The Client must create an online account on the No.1 Service Platform and immediately provide the information requested in Exhibit B. ("Registration Data"). To register, the Client must provide the Registration Data. The Customer represents and guarantees that the Registration Data, as supplied, is valid, true, and accurate, and that the Customer will promptly update or replace the Registration Data if it becomes invalid, false, or erroneous. Following receipt of the Registration Data, No.1 Service will establish an account in the Customer's name and information (the "Account")
- The Customer undertakes to abide by the criteria for Registration Data in Exhibit B, as well as the other provisions of this Agreement. If the Client fails to supply No.1 Service with the appropriate information, his or her registration on the No.1 Service Platform may be denied. No.1 Service maintains the right, in its sole discretion, to reject any Client registration. No.1 Service maintains the right to conduct whatever checks and investigations necessary to authenticate the Customer's identification.
- The Customer promises to keep its Registration Data and Account details secure, including its login credentials, and the Customer is responsible for any activity related to its Account, including any unauthorized use.
- The Customer undertakes not to use or authorize the use of the No.1 Service Platform for any illegal or unlawful purpose and to only use the No.1 Service Platform in compliance with this Agreement and all Applicable Laws. The Client is entirely responsible for any abuse of the No.1 Service Platform through the Account or otherwise.
- Under no circumstances will the Customer let any unauthorized third party to access the No.1 Service Platform, nor shall he/she reveal his/her Account login data with any unauthorized third party. The Customer shall always comply with any security requirements relating to the use of the No.1 Service Platform (including any requirements relating to the verification of the Customer's identity) that No.1 Service may notify the Customer in writing from time to time. The Customer undertakes to promptly notify No.1 Service at www.no1serviceapp.com of any real or suspected violation of No.1 Service Platform security standards, as well as any inappropriate use or disclosure of the Customer's No.1 Service Platform login credentials.
Devices and Communications
- To register on the No.1 Service Platform, the Customer must utilise an electronic device (such as a smartphone, Computer, or portable device) that has a working mobile number, the capacity to receive Short Message Service (SMS) text messages, and push notifications issued by No.1 Service (the "Device"). These calls and messages may be subject to message and data fees.
- If the Device is lost or stolen, the Customer must notify No.1 Service immediately at www.no1serviceapp.com to ensure that access to the No.1 Service Platform through the Device is immediately denied, stopped, or deactivated, so that the Device can no longer be used to access the No.1 Service Platform. To be clear, No.1 Service does not have the capacity to restrict, suspend, or deactivate the Device itself, just access to the No.1 Service Platform through the Device.
- Whether you engage with us or a Service Partner through the No.1 Service Platform or otherwise, you understand and agree that No.1 Service may monitor and/or record such conversations for quality assurance, customer satisfaction, and other reasons.
- When You give No.1 Service with your Device number, You understand and agree that we may send You transactional and/or informative calls and messages concerning your use of the No.1 Service Platform and other No.1 Service goods and services, as well as your connections to Service Partners, to that number. Order confirmation messages and delivery alerts are examples of transactional-based calls or text messages that may be sent utilizing an automated calling system and/or prerecorded or fake voice.
- No.1 Service may ask for your permission to receive marketing calls or text messages to your Device number. Such marketing calls or texts may include, but are not limited to, information regarding services, discounts, specials, or other promotions made available to You by No.1 Service, and may be made via an automated dialing system and/or prerecorded or artificial voice. You will never be forced to agree to receiving such marketing calls or texts as a condition of completing a purchase, and you may opt-out of getting future marketing calls or texts by responding STOP to a text or making a request to our call centre representative. These calls or messages may be subject to message and data fees.
Service Requests
- The No.1 Service Platform enables the Client to submit a Service Request. When a Service Request is submitted: No.1 Service will deliver Service Requests to the available Service Partner(s) based purely on their availability and internal allocation mechanisms. The Service Request may be approved if a Service Partner(s) is available for the needed location at the specified time. Your request is subject to Service Partner approval. When a Service Partner accepts a Service Request, No.1 Service will notify the Client through SMS, push notification, or a confirmation page in the No.1 Service App/Website. If there is no accessible Service Partner to accept the Service Request, No.1 Service will tell the Client in the same way.
- The No.1 Service Platform will offer the following services: Accepting Service Requests pursuant to the parameters set out herein; Choosing Service Partners to Deliver Services: Using the No.1 Service Platform, remotely monitoring the start and finish of Service Requests; receiving and dealing with comments, queries, and complaints about Service Requests; and providing customer assistance for grievances. in such event in line with the terms of this Agreement and any applicable Applicable Legislation sections
- Upon the acceptance of a Service Request, No.1 Service may provide: The Client will get a booking confirmation through the No.1 Service Platform, as well as information on the Service Partner, contact information, a photo of the Service Partner, and any other facts No.1 Service deems relevant; and Customer information, such as services desired and location, is provided to the Service Partner in order for the Service Partner to perform the Services.
- Although No.1 Service requires that each Service Partner make every reasonable attempt to arrive prior to the designated service time slot, if there is any delay, the Customer should inform the Service Partner through the No.1 Service Platform or by contacting No.1 Service via inApp support or at its call centre, if available.
- The Customer agrees that, upon acceptance of the Service Request, No.1 Service may provide to the Service Partner the service location, the Customer's mobile phone number, and such other information as may be necessary to enhance and facilitate the Service Partner's provision of Services to the Customer, and for the Service Partner to identify the Customer.
- Whenever a Service Request is assigned to a Service Partner, No.1 Service will provide the Service Partner with the relevant Customer information so that the Service Partner may offer the Services to the Customer.
- If the Customer wants to cancel or postpone an assigned Service Request, the Customer must contact No.1 Service's customer service promptly, or the Customer may cancel or reschedule an assigned Service Request through the No.1 Service Platform. Any cancellations or rescheduling, however, may be subject to relevant cancellation or no-show costs in line with No.1 Service's Cancellation Policy, which is accessible on the No.1 Service Platform.
- The reimbursement of any payments made by You in connection with the booking of the Services will be governed by No.1 Service's Cancellation Policy, as set out herein or as modified by No.1 Service from time to time on the No.1 Service Platform.
- Any services cancelled before to delivery will be repaid less any applicable cancellation or no-show charge notified to the Customer prior to or at the time of cancellation. Any reimbursements issued after the delivery of services will be at the exclusive discretion of No.1 Service.
- If the Customer needs help with the No.1 Service Platform or a Service Request, they should contact No.1 Service customer support or send an email to [email protected].
Customer's Representations
- The Customer agrees to behave themselves in compliance with all Applicable Laws, in a polite and courteous way, and to provide Service Partners with a safe and conducive environment in which to perform the Services.
- The Customer agrees to be solely responsible for (a) ensuring its own safety and security, as well as the safety and security of Service Partners interacting with the Customer; (b) not engaging in or assisting in any unlawful, immoral, or illegal activity; and (c) any unauthorized use of the Customer's login credentials for the No.1 Service App/Website, and/or the unauthorized use of the No.1 Service App or Website while using the No.1 Service App/Website.
- No.1 Service is permitted to charge the Total Fee and any other relevant charges for the No.1 Service Platform and Services as specified in this document. The Customer gives No.1 Service permission to compute the Total Fee in line with its internal rules and applicable laws. If the recommended Service Fee is not acceptable to the Customer, the Customer may contact No.1 Service (as specified herein), but continued use of the No.1 Service Platform and Services shall constitute consent with regard to the Service Fee, Total Fee, and other applicable charges communicated to the Customer on behalf of the Service Partner.
- If the No.1 Service Platform allows it in the relevant jurisdiction, the Customer may be able to rate and submit feedback to the Service Partner on the No.1 Service Platform after each work is completed. Any such feedback must always conform with this Agreement and the Applicable Laws in that country, including any obligations to disclose any substantial link between the Customer and the Service Partner, if relevant.
No Discrimination
Discrimination against Service Partners on the basis of race, religion, national origin, handicap, sexual orientation, sex, marital status, gender identity, age, or any other feature protected by Applicable Laws is prohibited at No.1 Service. This includes, but is not limited to, any refusal to accept Services on the basis of any of these qualities. If You are discovered to have violated this restriction, You will be denied access to the No.1 Service Platform and your Account will be deleted.
Payment Terms
- The Customer agrees that payments made between the Customer and No.1 Service shall be resolved and paid in accordance with Exhibit C.
- Customer additionally recognises and agrees that the Total Fee and any other sums payable to No.1 Service by the Customer as appropriate and set forth in this Agreement will be paid by the Customer and collected by No.1 Service.
Confidentiality
- The Client may have obtained, or may get in the future, access to No.1 Service's Confidential Information. The Customer must: (a) keep all Confidential Information confidential, (b) not use, reveal, or disclose Confidential Information to anyone except as expressly permitted under this Agreement, (c) not remove, reproduce, summarise, or copy any Confidential Information unless expressly required by No.1 Service, and (d) not sell or disclose the Confidential Information to any third party without No.1 Service's prior written consent.
- Without limiting the above, the Customer is not permitted to copy, download, or extract any Confidential Information from the No.1 Service Platform without the prior written authorization of No.1 Service.
- Notwithstanding the foregoing nondisclosure obligations, the Customer shall not be held criminally or civilly liable under any federal or state trade secret law for the disclosure of a trade secret made: (a) in confidence to a federal, state, or local government official, either directly or indirectly, or to a solicitor, and solely for the purpose of reporting or investigating a suspected violation of law; or (b) in a compliant manner.
Privacy
Personal data is stored and processed by No.1 Service and its Affiliates in compliance with the Privacy Policy, applicable laws, and this Agreement. For more information on how No.1 Service and its Affiliates keep and manage personal data, please check the Privacy Policy.
Intellectual Property Rights
- Any Intellectual Property Rights in the No.1 Service services, No.1 Service Platform, and Confidential Information disclosed or made accessible by No.1 Service (collectively, "No.1 Service IP") remain the property of No.1 Service, its Affiliates, and/or its third-party licensors. Except as specifically indicated, nothing in this Agreement provides the Customer any rights in or to the No.1 Service IP, and No.1 Service reserves all rights not expressly given to the Customer.
- The Customer must not: (a) copy, reproduce, modify, create derivative works of, or attempt to derive the composition or underlying information, structure, or ideas of, any No.1 Service IP; (b) reverse engineer, decompile, or otherwise attempt to obtain the source code to any software in the No.1 Service Platform (except to the limited extent that the Customer is not prohibited from doing so under Applicable Law); or (c) breach, disable, tamper with, or develop or use (or attempt to develop).
- Notwithstanding the preceding paragraph: (a) the Customer's computer may temporarily store copies of such materials in RAM incidental to the Customer's accessing and viewing those materials; (b) the Customer may store files automatically cached by your web browser for display enhancement purposes; and (c) the Customer may print or download one copy of a reasonable number of pages of the Website for the Customer's own personal, non-commercial use and not for further reproduction, publication, or distribution.
- Subject to the terms of this Agreement, No.1 Service grants the Customer a limited, revocable, non-exclusive, personal, non-transferable licence (with no right to sublicense) to use and access the No.1 Service Platform solely for the purpose of obtaining Services (including facilitating communication and collection of applicable amounts due).
- Notwithstanding anything in this Agreement to the contrary, No.1 Service may monitor the Customer's and other users' usage of the No.1 Service Platform and collect and create Aggregated Statistics. All right, title, and interest in and to the Aggregated Statistics, as well as any Intellectual Property Rights therein, belong to and are kept exclusively by No.1 Service. The Customer agrees that No.1 Service may produce Aggregated Statistics based on data entered by or on behalf of the Customer into the No.1 Service Platform. The Customer agrees that No.1 Service may (i) make Aggregated Statistics accessible to the public in accordance with Applicable Law, and (ii) utilise Aggregated Statistics to the extent and in the manner authorised by Applicable Law.
Customer Content
- The Customer is entirely liable for any notes, messages, e-mails, posts, pictures, drawings, profiles, views, ideas, thoughts, videos, audio files, or other materials or information posted or communicated by or on behalf of the Customer through the No.1 Service Platform ("Customer Content"). Customer Content shall be treated as non-confidential and non-proprietary. By submitting Customer Content to the No.1 Service Platform, the Customer grants No.1 Service and its Affiliates and service Partners, as well as each of their respective licensees, successors, and assigns, the right to use, reproduce, modify, perform, publicly display, distribute, and otherwise disclose such material to third parties for any purpose. The Customer represents and certifies that it owns or controls all rights in and to the Customer Content, that it has the authority to grant the aforesaid licence, and that the Customer Content complies with and will comply with this Agreement.
- The Customer is responsible for ensuring that the Customer Content complies with all Applicable Laws. Without limiting the foregoing, Customer Content must not: (a) contain any defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable material; (b) promote sexually explicit or pornographic material, violence, or discrimination based on race, gender, religion, nationality, disability, sexual orientation, or age; (c) infringe any Intellectual Property Rights or other rights of any other person; or (d) otherwise violate any law.
- No.1 Service reserves the right to: (a) remove or refuse to post any Customer Content in its sole discretion for any or no reason; and (b) take any action with respect to any Customer Content that No.1 Service deems necessary or appropriate in its sole discretion, including if No.1 Service believes that such Customer Content violates this Agreement, infringes any Intellectual Property Right or other right of any person or entity, threatens the personal safety of any person, or could create liability for No.1 Service. THE CUSTOMER WAIVES AND HOLDS NO.1 SERVICE AND ITS AFFILIATES, LICENSEES, AND SERVICE PARTNERS HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR AS A RESULT OF, INVESTIGATIONS BY SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
- No.1 Service cannot evaluate anything before it is put on the No.1 Service Platform, nor can it guarantee the fast removal of undesirable information after it has been submitted. As a result, No.1 Service accepts no responsibility for any action or inaction in connection with transmissions, conversations, or material supplied by any user or third party. No.1 Service accepts no liability or obligation for the performance or failure to undertake the actions stated in this section.
Copyright infringement:
If You feel that any user material infringes on your copyright, please see our Copyright Policy in Exhibit E for details on how to submit us a copyright infringement notice. No.1 Service has a policy of terminating the user accounts of repeat infringers.
PART 3: ADDITIONAL TERMS
Acceptance of Services through the No.1 Service Platform
By scheduling Service Requests using the No.1 Service Platform, the Client agrees to:
- It shall abide by all applicable laws;
- It will not participate in any illegal, dishonest, or unethical business activities, including improper conduct with a Service Partner.
- It will not use fake identity, whether via phone, text (SMS), email, or other methods; and
- On behalf of No.1 Service, it will make no representations, promises, guarantees, or warranties.
If the Customer's No.1 Service account is no longer active, suspended, or cancelled, the Customer will no longer represent that it gets services from No.1 Service.
User Information
No.1 Service may provide the Customer personal information on Service Partners who perform the Services for the Client. The Client agrees to the following:
- It will not use such personal information except as necessary to receive the goods or services, and it will always comply with Applicable Laws and ensure that such Service Partner's data will not be used for any other reasons, including but not limited to marketing.
- Without No.1 Service's explicit written approval, it will not divulge, rent, sell, or otherwise give such information to any third party.
- It will not use or seek to use this information in any way that would be in violation of this Agreement; and
- It will take reasonable and appropriate administrative, physical, and technical measures to ensure the security, integrity, and confidentiality of information received from or through No.1 Service, and it will promptly report to No.1 Service any data breaches or other information security events involving No.1 Service, a Service Partner, the Device, or the No.1 Service Platform.
Disputes with Customer
Without limiting any other provisions of this Agreement (including, without limitation, the sections titled "Misconduct," "Indemnities," "Warranty Liability," "Termination," "Governing Law and Forum," and "Class Action Waiver"), the Customer will cooperate with No.1 Service to facilitate the resolution of any dispute or complaint between the Customer and No.1 Service or a Service Partner in relation to a Service Request, Services, payment, or otherwise in relation to this Agreement.
The Customer agrees that No.1 Service has the right to disclose any information No.1 Service has on file about the Customer to any authority seeking information from No.1 Service about any product, service, or advice acquired by the Customer.
Informational Requests
The Customer accepts that No.1 Service may make informative inquiries on the No.1 Service Platform, the supply and completion of services, and to check status if No.1 Service has linked the Customer with a Service Partner from time to time. If the Customer refuses to give required information or consents, No.1 Service and the Service Partners retain the right not to offer services (including but not limited to the Services) to the Customer.
The Customer undertakes to tell No.1 Service promptly if any information the Customer has submitted to No.1 Service, or any relevant information about the Customer (including, but not limited to, the Registration Data), changes.
Misconduct
If the Customer causes any harm in connection with the receipt of Services, No.1 Service may charge the Customer. The amount of any such fee will be established solely by No.1 Service based on the kind of damage and its severity. Moreover, the Customer will be accountable to No.1 Service and third parties for any expenses, damages, losses, and other sums incurred as a result of or linked to the Customer's fraud, theft, willful damage to property, or other willful misconduct.
We retain the right, but are under no obligation, to:
- monitor, screen, or otherwise access any activity, content, or material on the No.1 Service Platform and/or through the Services, and as a result, You should not have any expectation of privacy in any activities on the No.1 Service Platform or through the Services;
- In our sole and absolute discretion, we will investigate any breach of the Agreement and take any relevant action.
- block or limit any Service Partner or Customer's access to the No.1 Service Platform and/or Services; and/or
- We will report to the proper authorities any action that we think is in violation of any Applicable Law, legislation, or regulation, and we will cooperate with such authorities.
Indemnities
-
To the greatest extent permitted by
Applicable Laws, the Customer will
indemnify, defend, and hold harmless (and
will continue to indemnify, defend, and hold
harmless) No.1 Service and its Affiliates
(including their respective directors,
officers, employees, agents, and
representatives, including the Service
Partners) ("Those Indemnified") from and
against any losses, damages, liability,
claims costs, penalty, and expenses
(including legal and court fees) incurred by
Those Indemnified
- any breach or alleged breach by the Customer of any terms or conditions of this Agreement;
- any breach or alleged breach by the Customer of any Applicable Law;
- misrepresentation or fraudulent, dishonest, unlawful or negligent act or omission or willful misconduct of the Customer committed in the course of using the No.1 Service Platform and/or obtaining the Services; and/or
- personal injury (including sickness and death) or property damage of No.1 Service, Service Partners
Warranty Disclaimers
TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL EXPRESS OR IMPLIED GUARANTEES, WARRANTIES, REPRESENTATIONS, OR OTHER TERMS AND CONDITIONS RELATING TO THIS AGREEMENT OR ITS SUBJECT MATTER ARE EXCLUDED FROM THIS AGREEMENT. THE NO.1 SERVICE PLATFORM, SERVICES, AND ANY OTHER FUNCTIONALITY, TECHNOLOGY, PRODUCTS, OR SERVICES PROVIDED OR MADE AVAILABLE BY NO.1 SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND, TO THE MAXIMUM EXTENT PERMITTED BY LAW, NO.1 SERVICE MAKES NO REPRESENTATION, GUARANTEE, OR WARRANTY TO THE CUSTOMER
NO.1 SERVICE MAKES EVERY EFFORT TO BE AS ACCURATE AS POSSIBLE. NO.1 SERVICE DOES NOT WARRANT, HOWEVER, THAT PRODUCT OR SERVICE DESCRIPTIONS OR OTHER CONTENT OR SERVICE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE.
Liability
To the greatest extent permitted by Applicable Laws, the Customer undertakes to indemnify and release No.1 Service and its Affiliates from any liability, loss, or damage arising from the Customer's use of the No.1 Service Platform. Without limiting the above, No.1 Service is not liable for Customer's or any other user's activity, whether online or offline, on the No.1 Service Platform. No.1 Service or its affiliates will not be held accountable for the activities of third parties over whom they have no control. The Customer agrees that it is solely responsible for (a) any accidents, incidents, or issues caused by the condition of the premises where the Services are sought; (b) any claims for damage or injury to persons or property caused by the Customer; (c) Customer's violation of any Applicable Laws; and (d) Customer's failure to comply with this Agreement. No.1 Service shall not be held accountable for any such accidents, events, problems, violations, charges, or expenditures. Client should use prudence and common sense to safeguard their personal safety and property, just as any reasonable person would when engaging with someone they do not know.
EXCEPT AS EXPRESSLY PERMITTED BY THE TERMS OF THE NO.1 SERVICE DAMAGE PROTECTION PLAN COVERED IN EXHIBIT D, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO.1 SERVICE AND ITS SUCCESSORS, ASSIGNS, AFFILIATES, LICENSORS, SERVICE PARTNERS, MEMBERS, EMPLOYEES, AGENTS, OFFICERS, TO THE MAXIMUM EXTENT PERMITTED BY LAW, NO.1 SERVICE AND ITS SUCCESSORS, ASSIGNS, AFFILIATES, LICENSORS, SERVICE PARTNERS, MEMBERS, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, AND MANAGERS' COLLECTIVE LIABILITY TO YOU FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER BASE THIS AGREEMENT DOES NOT INTEND TO LIMIT LIABILITY OR ALTER CUSTOMER'S RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED BY LAW. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, NO.1 SERVICE 'S LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW IN SUCH STATES OR JURISDICTIONS. THIS PROVISION HAS NO EFFECT ON NO.1 SERVICE 'S CHOICE OF LAW PROVISION, WHICH IS SET FORTH BELOW.
Termination
The Customer may terminate this Agreement at any time by giving No.1 Service written notice. No.1 Service may terminate this Agreement with immediate effect upon notice to the Customer: (a) to comply with any Applicable Law; (b) to protect No.1 Service or No.1 Service 's Affiliate interests if the Customer participates in improper acts/omissions; (c) if the Customer breaches this Agreement; or (d) for convenience. If this Agreement is terminated for any reason: (a) the Customer's rights to use the No.1 Service Platform and Services will cease immediately, the Customer's registration with No.1 Service and Account will cease to apply, and No.1 Service may block the Customer's access to the No.1 Service Platform; (b) the Customer must pay to No.1 Service all amounts due and owing to No.1 Service at the date of termination, including but not limited to all amounts owed for services performed prior to termination; and (c) the Parties must The following Sections, as well as any other terms of this Agreement that by their nature do so, will survive termination of this Agreement: Confidentiality, Privacy, Intellectual Property Rights, Disputes with Customer, Misconduct, Indemnities, Warranty Disclaimers, Liability, Termination, Governing Law and Forum, and Class Action Waiver. Any rights of the Parties that may have accrued prior to the termination of this Agreement shall be unaffected.
Notices
Any notifications, requests, or other communications required or allowed by this Agreement shall be in writing and submitted to the recipient Party as follows (as updated by the recipient Party by notice to the other Party from time to time): To No.1 Service, send an email to [email protected]. To the customer: through email or SMS to the email address or mobile number (as applicable) provided in the Account, or via contacts with the No.1 Service App or Website.
Entire Agreement and Precedence
This Agreement, together with the Exhibits and any policies referred to therein, contains the complete agreement between the Parties and supersedes and overrides all prior communications (whether oral or written) between the Parties about the subject matter of this Agreement. Neither Party has relied on (and shall have no recourse for) any representation not specifically stated in this Agreement. Nothing in this provision limits any Party's responsibility for false misrepresentation.
Relationship between Parties
None of the elements of this Agreement will be construed as forming an employer-employee or engager-worker relationship between the Customer and No.1 Service at any time, under any circumstances, or for any reason. Nothing in this Agreement creates a joint venture or partnership, or makes the Customer an agent or partner of No.1 Service, and the Customer must not represent himself/herself as such. The Customer understands and accepts that No.1 Service or No.1 Service Affiliates are not responsible or accountable for a Customer's acts or inactions in regard to Customer activities. The Customer shall not assume or create any duty or liability, explicit or implied, on behalf of or in the name of No.1 Service or its Affiliates, and recognises and accepts that it lacks the capacity to do so.
Governing Law and Forum
All matters relating to the No.1 Service Platform, the Services, and this Agreement, as well as any dispute or claim arising from or related to the No.1 Service Platform, the Services, or this Agreement (including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Texas, without giving effect to any choice or conflict of law provision or rule (whether of the State of Texas or any other jurisdiction) that would cause the No.1 Service Platform, the Services, or this Agreement You agree to contact us first at [email protected] if a disagreement occurs under this Agreement. You and I may decide to settle the matter informally. If a disagreement cannot be settled informally, any legal suit, action, or procedure arising out of or connected to this Agreement must be brought only in the federal courts of the Myanmar or the courts of the state in which You live.
Class Action Waiver
WITH RESPECT TO A CLAIM, YOU AND NO.1 SERVICE AGREE TO WAIVE ANY RIGHTS TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION. ANY CLAIM, DISPUTE, OR CONTROVERSY BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR USE OF THE NO.1 SERVICE PLATFORM AND/OR SERVICES WILL BE RESOLVED ON AN INDIVIDUAL BASIS. YOU FULLY AGREE NOT TO BRING OR JOIN ANY CLAIMS IN ANY REPRESENTATIVE OR CLASS-WIDE CAPACITY, INCLUDING BUT NOT LIMITED TO ANY CLASS ACTION OR ANY CLASS-WIDE ARBITRATION. TO THE EXTENT PERMITTED BY APPLICABLE LAW, NEITHER YOU NOR NO.1 SERVICE WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION, OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER, OR IN A REPRESENTATIVE ACTION.
Amendments to this Agreement
NO.1 SERVICE reserves the right, in its sole and absolute discretion, to change, modify, add to, supplement, or delete any of the terms and conditions of this Agreement and or the Privacy Policy or other applicable policies/terms issued by No.1 Service, whether overall or specific to a service or benefit, at any time, with or without prior notice. Any modifications take effect immediately after we publish them and apply to all subsequent access to and use of the No.1 Service Platform, Services, and any connected services. Changes to the dispute resolution procedures outlined in the "Governing Law and Forum" and "Class Action Waiver" sections, on the other hand, will not apply to any disputes for which the Parties receive actual notice on or before the day the modification is posted on the No.1 Service Platform. If any future modifications to this Agreement are undesirable to You or lead You to be in breach of this Agreement, You must immediately cancel your Account and cease using the No.1 Service Platform. Your continued use of the No.1 Service Platform after any alteration to this Agreement is posted indicates your full and irrevocable acceptance of any such changes. You must visit the Website and the No.1 Service App often to be informed of any changes, since they are legally binding on You.
PART 4: MISCELLANEOUS
- Availability of No.1 Service Platform and Services: No.1 Service reserves the right, at any time and without notice, to upgrade, modify, suspend, or discontinue the provision of, or remove, in whole or in part, the No.1 Service Platform or any Services, and shall not be liable if any such upgrade, modification, suspension, or removal prevents You from accessing the No.1 Service Platform or any part of the Services.
- Assignment: Without No.1 Service's prior written approval, the Customer may not assign or transfer any of its rights, interests, or obligations under this Agreement to any other person. No.1 Service may transfer or subcontract any of its rights and interests or obligations under this Agreement to anybody.
- Force Major; COVID Disclaimer: Any delay or failure to perform any obligations under this Agreement by either Party will not constitute a breach of this Agreement to the extent caused by acts or orders of any government authorities, acts of God, fire, flood, earthquake, explosion, epidemic, pandemic, riots, war, rebellion, insurrection, strikes, telecommunication breakdowns, power outages or shortages, inadequate transportation services, inability or delay in obtaining supplies of adequate or suitable materials, inability or delay in obtaining supplies of adequate or suitable materials Without limiting the foregoing, the Customer hereby acknowledges that the ongoing COVID-19 pandemic may prevent No.1 Service and/or the Service Partner(s) from providing the Services and any other products or services described herein, and that No.1 Service is unable to make any guarantees regarding reducing potential COVID-19 exposures or eliminating COVID-19 or other pathogens.
- Waiver: Subject to any clear provision to the contrary in this Agreement. In its discretion, any Party may exercise a right, power, or remedy separately or simultaneously with another right, power, or remedy. No failure or delay by either Party in exercising any right, power, or privilege under this Agreement constitutes a waiver of such right, power, or privilege, nor does any single or partial exercise of any right, power, or privilege under this Agreement preclude any other or further exercise thereof or the exercise of any other rights, powers, or privileges by such Party.
- Sever ability: If a court or other tribunal of competent jurisdiction rules that any provision of this Agreement is invalid, illegal, or unenforceable for any reason, that provision will be eliminated or limited to the bare minimum so that the remaining provisions of this Agreement will remain in full force and effect.
- Rights cumulative: Subject to any explicit provision to the contrary in this Agreement, a Party's rights, powers, or remedies under this Agreement are cumulative and in addition to, and do not exclude or restrict, any other right, power, or remedy in this Agreement or otherwise granted by law or in equity.
- No Third Party Beneficiaries: This Agreement is solely for the benefit of the Parties hereto and their respective successors and permitted assigns, and nothing in this Agreement, express or implied, is intended to or shall confer on any other person any legal or equitable right, benefit, or remedy of any kind under or by reason of this Agreement.
- Geographic Restrictions: No.1 Service is headquartered in the Myanmar. We only make the Website and the No.1 Service App available to people in the Myanmar. We make no representations that the Website, the No.1 Service App, or any of its content is available or suitable outside of the Myanmar. Some people or countries may be prohibited from using the Website and/or the No.1 Service App. If you visit the Website or the No.1 Service App from outside the Myanmar, you do so at your own risk and are responsible for adhering to local laws.
EXHIBIT A DEFINITIONS AND INTERPRETATION
DEFINITIONS
The capitalized words in this Agreement shall have the meanings ascribed to them below. Other capitalized words have the same meaning as defined in the text of this Agreement.
"Affiliates" means any entity that, directly or indirectly, controls, is under the control of, or is under common control with No.1 Service, where control means having more than fifty percent (50%) of the voting stock or other ownership interest, the majority of such entity's voting rights, the ability of such entity to ensure that the activities and business of that Affiliate are conducted in accordance with the wishes of that entity, or the right to control the activities and business of that Affiliate.
"Aggregated Statistics" refers to data and information related to the Customer's and other users' use of the No.1 Service Platform and services that have been aggregated and/or anonymized in a way that prevents the Customer or other user from being identified from such data and information, including without limitation to compile statistical and performance information related to the provision and operation of the No.1 Service Platform and services.
"Applicable Laws" refers to all laws that apply to a Party, including common law rules, equity principles, statutes, regulations, proclamations, ordinances, by-laws, rules, statutory rules of an industry body, statutory and mandatory codes or guidelines or the like, writs, orders, injunctions, and judgements.
"Confidential information" means any information of whatever kind belonging to No.1 Service or its Affiliates or third party licensors and disclosed or revealed by or on behalf of No.1 Service (or accessed by the Customer) under or in relation to this Agreement that is marked as confidential, is by its nature confidential, or which the Customer obtains before or after the commencement of this Agreement. "Confidential Information" does not include any information that: (a) has been published or otherwise entered the public domain without a breach of this Agreement; (b) is rightfully obtained from a third party who has no obligation of confidentiality to No.1 Service or its Affiliates or third party licensors; or (c) is independently developed without a breach of this Agreement, except that, notwithstanding the foregoing, information about Service Partners made available by No.1 Service or collected by
"Intellectual Property Rights" refers to all rights, title, and interest (whether legal, equitable, or otherwise) in and to copyright, rights in databases, patents, trademarks, service marks, design rights, get-up, logos, rights in goodwill, compilations, inventions, know-how, confidential information, trade secrets, trade names, business names, domain names, and semi-conductor topography rights, as well as future and contingent rights, and rights to claim damages for prior infringement
"Privacy Policy" refers to No.1 Service's then-current privacy policy, which is published on the Internet and/or the No.1 Service App and is subject to change.
"Services" refers to the numerous services provided by No.1 Service to a Customer as chosen by the Customer through the No.1 Service Platform.
The term "Service Charge" refers to the fees levied by No.1 Service to the Client for the Services.
"Service Request" refers to a request made by the Customer on the No.1 Service Platform to access the Services provided by No.1 Service through the No.1 Service Platform.
"Total Fee" refers to the Service Fee plus any other relevant fees and charges, including, but not limited to, taxes, duties, and/or cancellation or no-show fees (as applicable), listed on the No.1 Service Platform as payable by the Customer for the Services.
"No.1 Service App" refers to the electronic interface via which the Account is available on mobile devices such as a phone, tablet, or watch, allowing the Customer to access the No.1 Service Platform. The Client must generate and securely manage login credentials (user ID and password).
The term "No.1 Service Platform" refers to the No.1 Service App and the Website, as well as any related programmes, software, loyalty programmes, mobile applications owned (or licensed to and controlled) by No.1 Service or its Affiliates, and any other URLs and or digital technology platform made available by No.1 Service that allows Customer to contract for Services, as specified by No.1 Service or its Affiliates from time to time.
INTERPRETATION
Unless otherwise specified in this Agreement:
- The headers are just for convenience and have no bearing on the interpretation of this Agreement.
- The singular contains the plural and vice versa.
- Gender-neutral or gender-specific terms encompass all genders;
- If a word or phrase is assigned a specific meaning, its various parts of speech and grammatical forms have equivalent meanings;
- The phrases' such as,' 'for example,' 'including,' 'especially,' and related expressions are not meant to be regarded as limiting words;
-
A mention of:
- Every legislation or portion or provision of legislation covers all ordinances, by-laws, regulations, rules, and other statutory documents established under it;
- This Agreement or any other agreement, policy, document, or instrument (or a provision thereof) covers the Agreement or such other agreement, policy, document, or instrument as modified, novate, augmented, altered, or substituted from time to time.
- An individual, partnership, joint venture, trust, company, or any other organization or association, whether incorporated or not, is considered a person.
- a Party comprises that Party's executors, administrators, successors, allowed substitutes, and assigns, as well as anybody taking by novation;
- Everything (including a right, responsibility, or notion) encompasses all of its components;
- A clause, paragraph, or section refers to one of the clauses, paragraphs, or sections of this Agreement.
- Whenever a time period is calculated from a certain day, act, or event (such as issuing a notice), it must be computed exclusive of that day or the day of that act or occurrence;
- No construction rule applies to a Party's detriment because that Party was responsible for the formulation of this Agreement or any portion of it; and
- All amounts cited or otherwise expressed in this document and on the No.1 Service Platform are in US dollars.
EXHIBIT B
REGISTRATION DATA
- Name
- Mobile Number
- Email id
- City
- Other information as reasonably required by No.1 Service
NOTES Any of the above-mentioned mandatory information may be waived or altered by No.1 Service in its sole discretion in compliance with internal rules or Applicable Law.
EXHIBIT C
COMMERCIAL TERMS
No.1 Service retains the right, in its sole discretion, to charge Customer fees in connection with the use of the No.1 Service Platform, Services, or other services that No.1 Service may offer in the future, in each instance as agreed upon by the Customer via the No.1 Service Platform or otherwise. Cancellation or no-show fees are examples of such expenses.
The Client accepts and knows that No.1 Service may provide various incentives based on various characteristics with varying advantages. In line with this Agreement, the Customer may be obliged to pay No.1 Service a specified sum for the use of the No.1 Service Platform and Services, which will be disclosed to the Customer from time to time.
Without restricting the "Amendments to this Agreement" Section, No.1 Service retains the right to amend the rates and payment arrangements between the Customer and No.1 Service at any time, and such changes will be informed to the Customer. If the Customer does not consent to or agree with such modifications, the Customer shall discontinue using the No.1 Service Platform and terminate this Agreement, or, in the event of changes to the Customer's rates and payment terms with No.1 Service, opt not to utilize the Services (as applicable).
Customer must pay all sums outstanding under this Agreement to No.1 Service within 7 days of the date of service for any payments due that are not otherwise paid by Customer through payment card at the time the amount becomes due.
EXHIBIT D
No.1 Service DAMAGE PROTECTION PLAN
The No.1 Service Damage Protection Plan gives some restricted No.1 Service Services safeguards.
I. Limitations of the No.1 Service Damage Protection Plan
If the Customer is unsatisfied with the performance of a Service, United Asia Empire Company Limited may, in its sole discretion, and subject to the exclusions listed below, as well as the terms and conditions and limits set out herein: having the Service redone; or (ii) subject to the exceptions listed in Paragraph IV (Exclusions), pay the Customer for the least amount of:
- up to 1,000,000 MMK per occurrence for damages resulting from property damage as a direct consequence of a Service Partner's carelessness while performing a Service; or
- up to 500,000 MMK for losses resulting from damage to floors and items containing granite, marble, or any other stone work as a direct result of a Service Partner's negligence while performing a Service; or
- up to 1,000,000 MMK for losses resulting from theft of the Customer's property by a Service Partner while performing a Service.
The Customer agrees to:
- protect and preserve any damaged property that is the basis of a claim from further damage;
- assist and allow No.1 Service or its insurers access to inspect and make copies, photographs, and recordings of anything relating to the claim;
- accept repairs and/or remediation by a Service Partner;
- request a replacement only if repairs are not an option; and
- accept a replacement item subject to the standard depreciation of that item.
II. Eligibility
To be eligible for the No.1 Service Damage Protection Plan, the Customer must report the issue to the No.1 Service Help Center within 72 hours of the Service appointment (use the help option next to the booking in the Customer's Account and select the option for "My property / appliance was damaged during the service"). Proof of damage, evidence of ownership, and proof of worth must all be included in the Customer's report. Also, the following requirements must be met:
- The Service is paid in full through the No.1 Service Platform.
- This Agreement has not been breached by the Customer.
- Before to the launch of the Service, the Customer identified fragile and other breakable goods and informed their location and identification to the Service Partner; and
- Prior to the commencement of a Service, the Client accounted for and secured all assets.
III. Secondary Remedy
If the Customer has insurance that would cover the Customer in the event of a claim, such as renter's or homeowner's insurance ("Personal Insurance"), the Customer agrees that the Customer's Personal Insurance is primary and that the No.1 Service Damage Protection Plan will only cover losses not otherwise covered by the Customer's Personal Insurance and only as permitted herein.
IV. Exclusions
The following are not covered by the "No.1 Service Damage Protection Plan":
- any Service that is not immediately booked and paid for on the No.1 Service Platform;
- losses caused by natural disasters;
- damages for indirect losses;
- Property damage and theft losses that exceed the original and/or replacement worth of the property, minus any ordinary depreciation;
- merchandise;
- damages caused by the Customer's or a third party's activities or omissions;
- damages caused by a third party's carelessness or misbehavior;
- losses caused by a manufacturer's or a product's flaws;
- losses resulting from pre-existing item or property damage or condition
- losses resulting from products given by the customer or from suggestions made by the customer
- Flooding and/or water damage losses, including but not limited to mould;
- losses caused by dangerous or toxic elements in goods;
- Cash, third-party gift cards, and securities losses
- damages caused by a Service Partner's purposeful wrongdoing;
- losses due to natural wear and tear
- Losses for functioning things (e.g., minor aesthetic damage, normal wear and tear, a television with a scratch on the bezel);
- Fine arts or antiques losses
- Losses for damage that extends beyond the particular affected area (for example, if flooring sustains damage, any loss is restricted to the replacement cost of the damaged square footage after discounting obsolescence and physical depreciation);
- Damages for loss of use, including, but not limited to, property, furniture, and the expenses of any storage, transfer, and insurance of furniture in connection with loss of use;
- losses due to emotional or unrecorded intangible value;
- losses or damages resulting from unlawful acquisition, access to, destruction of, and/or loss of electronic data
- losses resulting from repairs conducted outside of the location where the Services were provided;
- Pet losses, personal culpability, and damage to communal or community spaces
- losses resulting from shipping expenses and/or replacement item delivery, as well as taxes spent in acquiring the original and/or replacement products;
- If No.1 Service so requests, theft losses without a proper police complaint;
- losses caused by poor documentation;
- Losses that arise after or are unrelated to the delivery of a Service;
- Losses involving illegal items or services, or illegal usage of either;
- losses resulting from unexpected or hidden flaws in the premises
- losses resulting from services that were not specifically booked via the No.1 Service Platform;
- Third-party losses have been recorded.
EXHIBIT E
COPYRIGHT POLICY
Reporting Claims of Copyright Infringement
We take copyright infringement accusations seriously. In accordance with current legislation, we will react to reports of suspected copyright infringement. If you believe that any materials accessible on or from this site and/or our mobile app (collectively, the "Website") infringe your copyright, you may request that those materials (or access to them) be removed from the Website by submitting written notification to our copyright agent, as specified below.
- Your signature, either physical or electronic.
- Identification of the copyrighted work you think has been infringed, or a sample list of such works if the claim comprises many works on the Website.
- Identification of the item you suspect is infringing in a detailed enough way for us to discover that material.
- Sufficient contact information (including your name, postal address, phone number, and, if available, email address).
- A statement that you believe, in good faith, that your use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
- A declaration that the information in the written notification is correct.
- Under penalty of perjury, a declaration that you are authorized to act on behalf of the copyright holder.
- Your signature, either physical or electronic.
- An identification of the content that has been removed or access to which has been disabled, as well as the place where the item was before it was removed or access was disabled.
- Sufficient contact information (including your name, postal address, phone number, and, if available, email address).
- Under penalty of perjury, you must certify that you have a good faith conviction that the item mentioned above was deleted or disabled as a consequence of a mistake or misidentification of the material.