A. CloudNine Pte. Ltd. (“cloud9”) operates and manages an online platform at www.cloud9.sg Website and Mobile Apps (“cloud9 Apps”) available for download on Google Play Store & AppStore through which a customer (the “Customer”) can book a massage appointment by submitting a Booking Request. Once a Booking Request has been submitted, cloud9 then proposes via an algorithm to match the Booking Request to the most suitable Massage Service Provider from its database (the “Database”). Once assigned, the massage service provider is permitted to accept or reject the Booking Request. The Booking Request status is changed to confirmed when a Massage Service Provider has been assigned to the booking. Once confirmed, cloud9 issues an invoice to the Customer on behalf of the Massage Service Provider. Once issued, the payment agent collects payment of the booked service fee from the Customer and cloud9 will in turn disburse part of the payment to the Massage Service Provider on Friday of the following week.
B. The role of cloud9 is that of a website and mobile app operator, manager of the Database and third party facilitator of contracts and invoicing between the Customer and the Massage Service Provider.
C.When booked through us, the Massage Treatment you receive will be subject to the Therapists’ terms and conditions. cloud9 is not a party to any Massage Treatment Agreement. This will solely be between you and the Massage Service Provider who provides you with your Massage Service.
NOW THEREFORE, you and cloud9 agree as follows:
Definitions and Interpretation
“Booking Request” refers to the booking made by you on the cloud9 Apps for the provision of Booked Services;
“Booked Service Fee” refers to the total fee payable by the Customer for the Booked Services;
“Booked Services” refers to the Massage Services the Customer has requested in its Booking Request and shall include any rectification services the Massage Service Provider may be requested to provide resulting out of a customer dispute in accordance with the terms of the Massage Agreement;
“cloud9 Apps” refers to www.cloud9.sg and associated cloud9 mobile phone applications;
“User”, “user”, “you”, “your”, refers to any entity who uses Our Services;
“cloud9”, “CloudNine Pte Ltd”, “we”, “our”, or “us” refers to CloudNine Pte. Ltd.;
“Event/s” refers to an event or series of events that exist as part of a Customer’s Booking Request, depending on the selected preferred frequency of the provision of Booked Services;
“Intellectual Property Rights” refers to all intellectual rights and industrial property relating to cloud9 including but not limited to: (a) the cloud9 Apps; (b) all works in which copyright subsists or may subsist, designs, drawings, industrial designs, technical information, models, specifications, prototypes, patents, applications for patents, trade secrets, confidential information and know-how, trade-marks, trade-names, discoveries and inventions, and integrated circuit topographies;
“Massage Agreement” refers to the agreement to be entered into between you and the Massage Service Provider governing the Booked Services to be provided in connection with your Booking Request;
“Massage Products and Equipment” refers to the massage products and equipment required by the Massage Service Provider to complete the Booked Services;
“Massage Services” refers to the massage services consisting of the Standard Massage Packages and any other additional services available to be requested in a Booking Request;
“Massage Service Provider” refers to the independent contractor Massage Service Provider that has accepted your Booking Request and has agreed to provide the Booked Services;
“Payment Agent” refers to the third-party stripe or escrow, and payment agent engaged by cloud9 to collect the Booked Services Fee;
“Recurring” refers to a series of Events occurring on a weekly, bi-weekly, monthly, once every two months, quarterly or half-yearly frequency in accordance with the Customer’s Booking Request;
“Scheduled Booking Time” refers to the time and date the Booked Services are to be undertaken by the Massage Service Provider in accordance with the Booking Request;
“Site Content” refers to all material, content and information made available on the cloud9 Apps including, but not limited to written text, graphics, images, photographs, logos, trademarks, audio material, video material and any other forms of expression;
“Standard Massage Package” refers to the list of the standard massage activities that will be performed by the Massage Service Provider, a copy of which is available on the cloud9 Apps;
“User Profile” refers to a profile on cloud9 Apps which contains your personal information, including your name, email address, address, phone number and payment details;
(a) headings are for convenience only and do not affect its interpretation or construction;
(b) the singular includes the plural and vice versa;
(d) words importing a gender include other genders;
(e) the word “person” refers to a natural person and any association, body or entity whether incorporated or not;
(f) where any word or phrase is defined, any other part of speech or other grammatical form of that word or phrase has a cognate meaning;
(g) a reference to any statute, proclamation, rule, code, regulation or ordinance includes any amendment, consolidation, modification, re-enactment or reprint of it or any statute, proclamation, rule, code, regulation or ordinance replacing it;
(h) all monetary amounts are in Singapore dollars;
(i) a reference to time refers to local time in Singapore;
(j) “includes” is not a word of limitation;
(l) a reference to any thing is a reference to the whole and each part of it;
(m) a reference to a group of persons is a reference to all of them collectively and to each of them individually; and
(n) a reference to a document includes all amendments or supplements to, or replacements or novation of, that document.
2.1. In order to use the cloud9 Apps, the User is required to have a compatible device, internet access, and the necessary minimum specifications (“Software Requirements”).
2.2. The User hereby acknowledges that these may change from time to time, without notice, and that cloud9 makes no representations as to the accuracy of the Software Requirements defined in this clause.
2.3. The User may be required to obtain software and / or hardware updates or upgrades from time to time as may be necessary for the continued use of the Application.
2.4. The User hereby acknowledges and agrees that such system requirements as specified under this clause 1 remain their responsibility.
3.3. You acknowledge that any hyperlinks or other redirection tools taking you to other websites operated by third parties that appear on cloud9 Apps (“Third Party Sites”) are not controlled by cloud9 and do not form part of cloud9 Apps. You agree that you will not hold cloud9 liable or in any way accountable for anything that occurs on any Third Party Site.
(a) making a Booking Request on cloud9 Apps; and/or
(b) creating a User Profile in the manner set out in Clause 4 below; and/or
(a) you are not of legal age to form a binding contract with cloud9; or
(b) you are a person barred from entering into contracts under legislation, in which case, you must immediately leave the cloud9 Apps.
4.5. By creating a User Profile, you acknowledge that the information provided is true and that you will ensure that the information you have provided is constantly up to date. Your information can be updated simply by logging in to your account and amending your submitted information as may be required.
5.1. You will be required to register your personal information, including your name, email address, address, phone number and payment details on cloud9 Apps in order to make a Booking Request.
5.2. You will be issued with a username and password which are linked to your User Profile. The username and password are personal to you and are not transferable. You are responsible for all information posted on or transmitted via cloud9 Apps by anyone using your username and password and any payments due for the Booked Services acquired through cloud9 Apps by anyone using your username and password. You should notify us of any breach of security of your username and password immediately.
5.3. Your User Profile is personal to you and is not transferable to third parties. You must only register one User Profile with cloud9 Apps. Multiple accounts will be deleted. cloud9 reserves the right in its sole discretion to delete any User Profile it believes to be a duplicate and to block any user from any further use of cloud9 Apps.
6.1. To make a Booking Request you must visit the cloud9 Apps and login to your User Profile. All Booking Requests are subject to a minimum time duration provided for in the Booking Request. You will receive a Booking Request confirmation receipt from cloud9 after submitting your Booking Request.
6.2. Once a Booking Request has been made, cloud9 will then make your contact details, address, Scheduled Booking Time and the scope of the Massage Service available to all Massage Service Providers listed in the Database. By making a Booking Request, you hereby consent to the disclosure of such information. At such time, an available Massage Service Provider will then confirm his or her acceptance of your Booking Request.
6.3. cloud9 will take your massage preferences into account when facilitating the Booking Request. This said, a specifically requested Massage Service Provider cannot be guaranteed. Such a request will remain subject to such Massage Service Provider’s availability at the date and time you have selected in your Booking Request.
6.4. When a Booking Request has been confirmed by a Massage Service Provider, cloud9 will send you an acceptance email and attach an electronic version of the Massage Agreement that constitutes the relationship between you and the Massage Service Provider for the provision of the Booked Services. cloud9 will not be involved in providing the Booked Services in any way aside from providing you with an invoice on behalf of the Massage Service Provider in accordance with clause 6.4. All payments will be handled by the Payment Agent.
6.5. If the Booking Request cannot be facilitated, cloud9 will arrange for an alternative time for the Booked Services with you and the same or new Massage Service Provider.
6.6. You are not permitted to engage any Massage Service Provider on the Database other than through the cloud9 Apps. Your failure to adhere to this provision may result in your User Profile/account being suspended indefinitely.
6.7. The cloud9 Apps are provided to enable you to make Booking Requests, make payments for completed Booked Services, and for no other purposes.
6.9. Any speculative, false or fraudulent Booking Request is prohibited. You agree that the cloud9 Apps will only be used to make legitimate Booking Requests for you or another person for whom you are legally authorised to act. You acknowledge that abuse of the Website may result in you being denied access to the cloud9 Apps.
6.10. cloud9 has the right at any time to add, change or withdraw functions available on the cloud9 Apps at its own discretion.
6.11. You are prohibited from advertising on the cloud9 Apps.
7.1. You agree that at the time of the Booking Request, your payment details will be transferred to the Payment Agent for future processing.
7.2. Upon confirmed assignment of a Massage Service Provider of the Booked Services, an invoice will be issued to you for the Booked Services. You agree to the automatic processing of payment of the Booked Services Fee by the Payment Agent once the invoice has been issued.
7.3. On receipt of the invoice, the Payment Agent will hold the Booked Services Fee until such time as they are remitted to the Massage Service Provider or refunded (either partial or in full) to you (if you are entitled to a full or partial refund). No interest will be payable by cloud9 to you or the Massage Service Provider on amounts held by the Payment Agent.
Changes and Cancellations
8.1. You can cancel or reschedule / amend a single Event (individual) on the cloud9 Apps, free of charge, up to one (1) hour before the Scheduled Booking Time.
8.2. If you cancel or reschedule an appointment before a therapist is assigned, free of charge.
8.3. If you reschedule less than one hour and more than 30 minutes before your Scheduled Booking Time, you will have to pay a rescheduling penalty of SGD35.
8.4. If you reschedule less than 30 minutes before your appointment start time, you will have to pay a rescheduling penalty of SGD50.
8.5. If you cancel less than one hour and more than 30 minutes before your Scheduled Booking Time, you will have to pay a cancellation penalty of SGD50.
8.6. If you cancel less than 30 minutes before your appointment start time, you will have to pay a cancellation penalty of the full amount of the massage.
8.7. Termination of a Recurring Booking Request prior to fulfillment of the minimum number of Events will result in an Early Termination fee, derived as half of the total outstanding Booked Service Fee as at the point of cancellation.
(a) The minimum number of Events for Recurring Booking Requests will be immediately applicable upon the successful confirmation by a Massage Service Provider of a Booking Request.
(i) Minimum number of Events for a weekly Booked Services per year: 52
(ii) Minimum number of Events for a bi-weekly Booked Services per year: 26
(iii) Minimum number of Events for a monthly Booked Services per year: 12
(iv) Minimum number of Events for a once every two months Booked Services per year: 6
(v) Minimum number of Events for a quarterly Booked Services per year: 4
(v) Minimum number of Events for a half-yearly Booked Services per year: 2
(b) In event of amendments to the frequency of a Recurring Booking Request, the minimum number of Events will remain unchanged in accordance to the initial frequency selected.
8.8. If the Massage Service Provider is unable to fulfill a confirmed Booking Request, we will attempt to find you a replacement Massage Service Provider. If we cannot find you an alternative Massage Service Provider, we will reschedule your Booking Request to a new time which suits you. If we cannot find a suitable time for you, you may cancel the Booking Request at no charge.
9.1. cloud9 operates the cloud9 Apps as an independent third party facilitator for the Massage Services and provides you with the platform to purchase the Massage Services.
9.2. cloud9 is not an agent or broker for you or the Massage Service Provider. You enter into any transaction with a Massage Service Provider entirely at your own risk.
9.3. cloud9 uses its best efforts to monitor the Massage Services offered by a Massage Service Provider. However, as Massage Service Providers act as independent contractors, cloud9 does not make any representations relating to the safety, quality, condition, or description of the Massage Services provided by the Massage Service Provider. Any issues regarding safety, quality, condition or description of the Massage Services should be notified to cloud9, who will then pass the issue onto the Massage Service Provider designated to your Booking Request. You should refer to the terms and conditions of your Massage Agreement for further information.
9.4. All Massage Service Providers are independent contractors.
9.5. All bookings are subject to Massage Service Provider’s availability.
Massage Service Provider Ratings
10.1. You can post ratings on the cloud9 Apps for the Booked Services provided (“Ratings”).
10.2. Ratings must be based on demonstrable facts. They must be written fairly and objectively and must not contain any content which is offensive or abusive, liable to criminal prosecution or otherwise unlawful (e.g. content which infringes third parties’ intellectual property rights). Ratings which violate this clause will not be published or will be deleted. Ratings will identify the Customer that has posted the Rating.
10.3. By sending in a Rating, you grant cloud9, free of charge, the usage rights to the text of the Rating without any territorial or time limitation.
10.4. cloud9 will have the right to deal with the Rating in any manner it sees fit, including using it for further rating services, passing it on to third parties or publishing it.
10.5. Unjustified multiple Ratings, self-Ratings and other forms of Rating which attempt to have a distorting influence on the rating system are prohibited.
Pregnancy and Slimming Packages
Our aim is to uphold a high standard of service and to provide you with the very best experience. As such, all our services are strictly appointment based and we may not accept bookings once our slots are filled.
11.1. All cloud9 massage packages are valid for 12 months from purchase date.
11.2. We are unable to guarantee that you will get your preferred therapist as it depends on the therapist’s availability.
11.3. Appointments are based on availability upon time of booking
11.4. For Cancellation or changes to appointment schedule, refer to Section 8: Changes and Cancellations
12.1. Gift card will be valid for 12 months
12.2. Recipient can redeem the type of massage and time slot of their choice. Type of massages that qualifies for gift card redemption are: Swedish, Deep Tissue, Sports and Pre-Natal Massages.
12.3. Gift card is for one time use only
12.4. cloud9 will not be responsible for the lost of gift card
12.5. To redeem voucher, simply place your booking on our website (Book A Massage), using the voucher code provided in your massage gift certificate.
12.6. cloud9 offers a seven day cancellation policy on all purchased Gift Vouchers provided they haven’t been redeemed yet. If you would like to cancel your Gift Voucher purchase, please email firstname.lastname@example.org quoting the voucher code.
12.7. Voucher recipients will have 12 months to redeem their Gift Voucher from the date of purchase.
12.8. Purchasing and Redemption:
(i) By purchasing Gift Cards on the Site, you certify and represent to cloud9 that the activities in connection with which the Gift Cards will be used will comply with this Agreement and all applicable laws, rules, and regulations, and that the Gift Cards will not be used in any manner that is misleading, deceptive, unfair, or otherwise harmful to consumers or cloud9, including its investors, officers, employees, agents, servants, assignees, subsidiaries, or any other cloud9-related entity.
(ii) You may purchase Gift Cards for any value between $100 and $300 Singapore dollars. The amount of the Gift Card you purchase shall be charged to you according to your selected payment option when you confirm the purchase of the Gift Card.
(iii) If the purchase of a Gift Card is part of a promotional campaign wherein purchase of a Gift Card at a predetermined dollar amount is awarded with additional Site credits, these credits shall only be available for use after the total amount of Gift Cards has been exhausted. In all circumstances credits shall be used only after the exhaustion of Gift Cards.
(v) Gift Cards may only be redeemed toward the purchase of eligible products on the Site. Redemption of Gift Cards on the Site is subject to change in cloud9’s sole discretion.
(vi) Purchases are deducted from the Gift Card balance. Any unused balance will be placed in the recipient’s cloud9 account when redeemed. If an order exceeds the amount of the Gift Card, the balance must be paid with a credit card or other payment method accepted by cloud9.
(vii) You may be able to obtain your gift card balance by contacting cloud9’s customer service at email@example.com. The Gift Card balance relayed to you by a cloud9 customer service agent is an estimate only. In most cases, the balance is adjusted immediately when you make a purchase online, but there may be occasions when the updated balance is delayed for a period of time.
12.9. Use and limitations:
(i) Gift Cards cannot be used to purchase other gift cards.
(ii) To the fullest extent of the law, Gift Cards cannot be reloaded, resold, transferred for value, redeemed for cash, or applied to any other account.
(iii) Unused Gift Card balances in an account may not be transferred.
Unless otherwise required by law, Gift Cards are not returnable or refundable for cash.
(iv) To the fullest extent of the law, Gift Cards may not be sold or bartered to third parties. Gift Cards may be used as personal or business gifts, but may not be used in connection with any marketing, advertising, or other promotional activities (including without limitation via Sites, Internet advertisements, email, telemarketing, direct mail, newspaper and magazine advertisements, and radio and television broadcasts) unless you obtain cloud9’s prior written approval.
(v) cloud9 will not be liable with respect to any Gift Card that is obtained from unauthorized sellers or resellers, including through Internet auction sites.
(vi) Use of cloud9’s name, logo, trade dress (including any image/likeness of the Gift Cards) or trademarks (or those of any of its subsidiaries or affiliates) in connection with the purchase or use of cloud9 Gift Cards is strictly prohibited.
(vii) The use of cloud9 Gift Cards in any manner that states or implies that any person, Site, business, product, or service is endorsed or sponsored by, or otherwise affiliated with, cloud9, or any of its subsidiaries or affiliates is prohibited.
12.10. Risk of loss:
(i) If your Gift Card is lost or stolen, immediately contact customer service at firstname.lastname@example.org. Your Gift Card will be cancelled and after an internal investigation, we will issue a new Gift Card with the remaining balance, if any.
(ii) Lost or stolen Gift Cards cannot be replaced without the original confirmation email sent to the email account provided to cloud9.
cloud9 and its affiliates shall have no liability to you for: lost or stolen Gift (iii) Cards; or use of any Gift Cards by third parties through your account that is not attributable to the negligence or misconduct of cloud9.
(iv) You are responsible for keeping the username and password for your Account safe and for any activity conducted under your account that is not attributable to the negligence or misconduct of cloud9.
(v) Notwithstanding the above, the risk of loss and title for Gift Cards passes to the purchaser upon our electronic transmission to the purchaser, recipient, or delivery to the carrier, whichever is first and/or applicable.
13.1. cloud9 may at its discretion terminate your use of, or access to, the cloud9 Apps at any time. If this happens we may notify you by email. If your use of the cloud9 Apps is terminated:
(a) you are no longer authorised to access the cloud9 Apps or use any other cloud9 services with the email address you used to register with the cloud9 Apps or any other email address you possess;
13.2. You may terminate this agreement by emailing cloud9 at email@example.com. cloud9 will disable your User Profile within fourteen (14) days of receipt of the email requesting termination of your User Profile.
13.3. cloud9 reserves the right to deduct any outstanding fees and charges owing to cloud9 and/or the Massage Service Provider on your User Profile prior to disabling it.
Dispute Resolution Policy
14.1. cloud9 will use reasonable endeavours to mediate any dispute concerning the use of the cloud9 Apps.
14.2. Disputes in relation to the Booked Services carried out by a Massage Service Provider or any other issue will be referred, where appropriate, to external dispute resolution services or authorities.
Security of Payment
We have taken all practical steps from both a technical and systems perspective to ensure that all of your information is well protected. A secure payment gateway is used to process all transactions and credit card details. cloud9 does not give any warranty or make any representation regarding the strength or effectiveness of the secure payment gateway and is not responsible for events arising from unauthorised access to your information. See the Privacy Code for further detail.
16.1. cloud9 collects and stores the information you enter into the User Profile. The personal information collected by cloud9 will be maintained in accordance with our Privacy Code available on the cloud9 Apps.
16.2. You agree and consent to cloud9 disclosing your information, including your name, email address, address and phone number to the Massage Service Provider in order for the Massage Service Provider to carry out the Booked Services.
17.1. The Site Content is protected by copyright and cloud9 reserves all Intellectual Property Rights which may subsist in the Site Content and/or the Website.
(a) view the cloud9 Apps;
(b) print pages from the cloud9 Apps in its original form; and
(c) download any material from the cloud9 Apps for caching purposes only.
17.3. You must not, without cloud9’s prior written consent which may be withheld at its absolute discretion:
(a) copy, republish, reproduce, duplicate or extract Site Content;
(b) redistribute, sell, rent or licence any Site Content; or
(c) edit, modify or vary the Site Content.
18.1. You must not use, or cause cloud9 Apps to be used, in any way which:
(b) infringes cloud9’s or any third party’s Intellectual Property Rights;
(c) is fraudulent, illegal or unlawful; or
(d) causes impairment of the availability or accessibility of the cloud9 Apps.
18.2. You must not use, or cause cloud9 Apps to be used, as a medium which stores, hosts, transmits sends or distributes any material which consists of:
(b) computer viruses;
(e) keystroke loggers; or
(f) any other malicious computer software.
Indemnity and Liability
19.2 To the extent permitted by law, we will not be liable to you in contract, tort or equity in relation to any direct, indirect or consequential loss you incur in relation to the contents, use or reliance of Site Content or otherwise in connection with the cloud9 Apps provided however that if we are found to be liable by a court of competent jurisdiction, you agree that our liability will be limited to the amount of our fees from the Booked Service Fee that is payable or have been paid by you.
19.3 To the extent permitted by law, cloud9 will not be responsible and will be excluded from all liability, for any loss or damage whatsoever (including personal injury, loss of life and damage to property) that you or another person may suffer in connection with the offer or supply of (or default in supplying) Massage Services provided however that if we are found to be liable by a court of competent jurisdiction, you agree that our liability will be limited to the amount of our fees, from the Booked Service Fee that is payable or have been paid by you.
19.4 You acknowledge and agree that some of the Site Content may be provided by way of blogs or comments made by other users of the cloud9 Apps (i.e. Ratings), and that cloud9 does not accept any liability for the accuracy of such information or your reliance on the same. The Site Content is provided to you as general information only and is not intended to substitute or replace the advice of a duly qualified professional (where applicable).
19.5 By using the cloud9 Apps, you agree and accept that the indemnity and limitations of liability provided in this clause 16 are reasonable.
Warranties and Representations
20.1 The use of the cloud9 Apps is at your own risk. The Site Content and everything from the cloud9Apps is provided to you on an “as is” and “as available” basis without warranty or condition of any kind.
20.2. None of cloud9’s affiliates, directors, officers, employees, agents, contributors, third party content providers or licencors make any express or implied representation or warranty about the Site Content or Website.
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