Terms of Use

1. The Customer shall use the GM App to contract directly with Professionals for Professional Services. The Customer must register itself with an online account on the GM Platform and promptly submit details required in Exhibition B (“Registration Details”). The Customer shall submit the Registration Data to register itself. The Customer acknowledges that such Registration Data, as submitted must be valid, true and correct. Upon acceptance of the Registration Data, GM will open an account in the name and details provided by the Customer (the “Account”). The Customer shall be solely responsible for the confidentiality of its login credentials and any unauthorised use thereof.

2. The Customer agrees to comply with the Registration Details requirements in Exhibit B, and the other terms of this Agreement. The Customer’s registration on the GM Platform may not be accepted if the Customer does not provide GM with the required information. GM reserves the right to decline any registration at its sole discretion. GM reserves the right to undertake such checks and diligence as may be required to verify the identity of the Customer.

3. Upon successful registration of an Account, the Account shall remain valid indefinitely subject to suspension or termination in accordance with the terms of this Agreement. The Customer agrees to maintain the security of its Account information and the Customer is responsible for all activity in connection with its Account. By creating the Account and providing consent, the Customer agrees that communication may be made with the Customer via telephone, SMS or other means at any contact details that the Customer provides.

4. The Customer agrees that the GM Platform will not be used for any illegal or unlawful purposes and the Customer shall use the GM Platform solely in accordance with this Agreement and all applicable laws. The Customer will be solely liable for any wilful or reckless misuse of the GM Platform through the Account or otherwise.

5. The Customer shall not permit any unauthorised third party to use the GM Platform under any circumstances and will not share his/her Account login details with any unauthorised third party. The Customer will at all times comply with such security requirements in relation to the use of the GM Platform (including any requirements in relation to the verification of the Customer’s identity) as are notified in writing to it by GM from time to time. The Customer agrees to immediately inform GM of any actual or suspected breach of GM Platform security requirements or any improper use or disclosure of the Customers’ login details to the GM Platform.

1. For registration on the GM Platform, the Customers are encouraged to possess an electronic device (such as a smartphone, PC or handheld device), which is for optimum functionality of the GM App with a functioning mobile number, the ability to read text messages (SMS) and push notifications sent by GM (the “Device”).

2. If the Device is lost or stolen, the Customer must promptly inform GM of such occurrence, to ensure that access to the GM Platform via the Device is immediately blocked, suspended or deactivated so that the Device can no longer be used to access the Platform. For the avoidance of any doubt, GM does not have the ability to block, suspend or deactivate the Device itself but only, access to the GM Platform from the Device.

3. When we contact a Professional on your behalf via the GM Platform, the Customer consents that GM may monitor and/or record those communications for quality assurance, customer satisfaction and other purposes.

4. By providing your telephone number(s), you consent to receive pre-recorded voice calls and SMS messages (if any) that may help you connect with Professionals and/or GM from time to time. Agreeing to receive such calls or messages is not a condition of using the GM Platform and you may opt-out by notifying GM. You must notify GM if you wish to opt-out of this form of communication.

1. GM connects Customers seeking services and Professionals providing such services sought by the Customer.

2. The Website allows Customers to send a request for Professional Service. Once a Service Request is made:

·      GM will send Service Requests to the available Professionals based on their availability, their service engagement settings and internal allocation processes as determined by GM.

·      The Service Request may be accepted based on the availability of Professionals for the required location at the requested time.

·      Your request is subject to acceptance by a Professional. Once a Professional has accepted the Service Request, GM will inform the Customer via an SMS, push notification or confirmation screen in the GM App/Website. If no Professional is available to accept the Service Request, GM will notify the Customer in the same manner.

3. The services provided through the Platform shall include:

·      Accepting Service Requests subject to the terms herein;

·      Identifying Professionals to provide Professional Services;

·      Remotely monitoring start and end of Service Request using the GM App;

·      Receiving and dealing with feedback, questions and complaints relating to Service Request;

·      Providing customer support for grievances;

in each case in accordance with any relevant provisions of Applicable Laws.

4. Once a Service Request has been accepted GM may provide:

·      The Customer with a booking confirmation through the GM App or push notifications or SMS, and information regarding the Professional, contact number, a picture of the Professional and any other details GM considers appropriate); and

·      The Professional with Customer details, such as services sought and location, necessary to enable the Professional to provide the services.

·      While GM requests each Professional to use all reasonable efforts to arrive prior to requested service time slot, if there is any delay, the Customer should contact the Professional through the GM App or by contacting GM via in-App support or at its call centre, if available.

5. The Customer agrees that upon a Service Request being allocated to the Professional on the GM App as described above, the acceptance and completion of a Service Request will constitute an independent Professional Services contract between the Professional and the Customer. The Customer agrees that upon accepting the Service Request, GM may provide to the Professional, the service location, mobile phone number of the Customer, rating of the Customer and such other information to enhance and facilitate the provision of Professional Services by the Professional directly to the Customer, and for the Professional to identify the Customer.

6. Once a Service Request is allocated to the Professional, GM will provide the Professional with the necessary Customer details in order to enable the Professional to provide the Professional Services directly to the Customer.

7. If the Customer needs to cancel an assigned Service Request, the Customer may cancel an assigned Service Request through the GM App.

8. The refund of any payments (if any) made by you towards the booking of the Professional Services shall be governed by GM’s Cancellation Policy as provided herein or as updated by GM from time to time on the GM Platform.

9. If you have provided your consent to receive the following, GM or its authorised representative, shall provide information regarding services, discounts and promotions provided by GM to You by way of an SMS or email to Your registered mobile number/registered email ID. You also have the option to discontinue receiving such information at any point of time. To discontinue receiving such information, You may at any point of time visit the [settings page on the GM App] discontinue the same.

10. If the Customer requires any assistance in relation to the GM Platform or any Service Request, they should contact the GM customer care or send an email at support@grabmassage.sg.

11. THE CONTRACT FOR THE PROFESSIONAL SERVICES WILL BE A CONTRACT SOLELY BETWEEN THE PROFESSIONAL AND THE CUSTOMER. AT NO TIME WILL GM OR ITS AFFILIATES HAVE ANY OBLIGATIONS OR LIABILITIES IN RESPECT OF SUCH A PROFESSIONAL SERVICES CONTRACT BETWEEN THE PROFESSIONAL AND THE CUSTOMER.

1. The Customer undertakes that it shall conduct itself in accordance with all Applicable Laws, in a respectful, courteous manner, and allow Professionals a safe and conducive environment to provide the Professional Services.

2. The Customer agrees that it will be solely responsible, (a) to ensure its own safety and security, and that of the Professionals’; (b) not to undertake or assist in any unlawful, immoral, or illegal activity (c) for any unauthorised use of the GM App whilst using the GM App/Website.

3. GM and the Professional are authorised to charge a Fee or applicable charges for the Platform and Professional Services and the Professional has agreed to appoint GM to communicate such Fee to the Customers. The Customer authorises GM to calculate the Fee in accordance with its internal policies and Applicable Laws. The Customer may contact GM (as set out herein) if the recommended Fee is not agreeable, however continued use of the GM App and availing of Professional Services shall constitute consent with regard to the Fee communicated to the Customer on behalf of the Professional.

4. If the GM Platform so permits in the relevant jurisdiction, the Customer may have the option to provide a rating and feedback of the Professional on the GM App after delivery of each Job. The Customer agrees that the Professional may also be granted the option to provide a rating and feedback of the Customer. Any such feedback must at all times, comply with Applicable Laws in that jurisdiction in relation to public decency, morals and religious values.

1. The Customer agrees that the payments between the Customer and GM will be settled and paid in the manner set out in Exhibit C.

2. Customer appoints GM as its representative, to collect the Fees/Total Fee (as applicable and set out herein) and acknowledges that GM does so on behalf of the Professionals and where applicable for the amounts owed to GM by the Customer.

3. Customer hereby authorises GM to act on its behalf in settling any payment related disputes between the Customer and Professionals, and GM shall on a commercially reasonable basis, attempt to settle such disputes. In case of any such dispute, the Customer may at the request of GM or on its own behalf provide GM with any relevant data and information and hereby permits GM to act on Customer’s behalf. Any decision taken by GM in good faith in settling such a dispute will be final and binding on the Customer.

1. The Parties to this Agreement may be provided or have access to Confidential Information. Each Party must keep confidential all Confidential Information, not use or disclose Confidential Information except as permitted under this Agreement, and not sell or disclose the Confidential Information to any third party without the other Party’s prior written consent.

2. Without limiting the Confidentiality Section, clause (1), the Customer must not copy, download or extract any Confidential Information from the GM services without GM’s prior written consent.

3. Upon termination of this Agreement, the Party in possession of the other’s Confidential Information must promptly return or destroy the Confidential Information, unless retention of the information is required under Applicable Law.

1. All Intellectual Property Rights in the GM services and Confidential Information disclosed or made available by GM (“GM IP”) remain the property of GM, its Affiliates and/or its third-party licensors. Except as expressly stated, nothing in this Agreement grants the Customer any rights in or related to the GM IP, and all rights not expressly granted to the Customer are reserved by GM.

2. 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 GM IP; (b) reverse engineer, decompile or otherwise endeavour to obtain the source code to any software in the GM Platform (save to the extent that it cannot be prohibited from so doing under Applicable Law); (c) breach, disable, tamper with, or develop or use (or attempt) any workaround for any security measure provided in the GM services; (d) use any GM IP in a way that infringes or misappropriates a third party’s Intellectual Property Rights or moral rights (e); distribute, disclose or allow use of any GM IP by any third party in any format, through any time sharing service, service bureau, network or by any other means; (e) merge or combine any GM IP with any other technology not provided by GM; or (f) remove any proprietary notice language on any copies of any GM IP.

3. Subject to the terms of this Agreement, GM grants the Customer a limited, revocable non-exclusive, personal, non- transferable licence (without the right to sub-licence) to use and access the GM services solely for the purpose of availing of Professional Services (including for facilitating the communication, and collection of Total Fee).

4. The Customer is solely responsible for any notes, messages, e-mails, billboard postings, photos, drawings, profiles, opinions, ideas, images, videos, audio files or other materials or information posted or transmitted through the GM Platform by or on behalf of the Customer (“Customer Content”). The Customer must ensure that such Customer Content complies with all Applicable Laws and is not defamatory, grossly harmful, blasphemous, paedophilic, invasive of another’s privacy, ethnically objectionable, disparaging, relating to or encouraging money laundering, libelous, hateful, racist, violent, obscene, pornographic, unlawful, or otherwise offensive and does not infringe any third party’s rights (including intellectual property rights).

The Customer agrees that, in booking Service Requests through the GM Platform:

a. it will comply with all Applicable Laws;

b. it will not engage in any acts of wrongdoing, dishonesty or unethical business practices, including inappropriate behaviour with a Professional;

c. it will not engage in any false identification, whether by telephone, text (SMS), email or other means;

d. it will not make any representations, promises, guarantees or warranties on behalf of GM;

GM may provide the Customer with personal information relating to Professionals who agree to undertake the Professional Services for the Customer. The Customer agrees that:

a. it will not use such personal information except as required to obtain the products or services and remain in compliance with Applicable Laws and ensure that such Professional’s data will not be used for any other purposes including but not limited to marketing;

b. it will not disclose, rent, sell or otherwise provide such information to any third parties without GM’s and the Professional’s consent;

c. it will not use, or attempt to use, this information in a manner that would violate this Agreement;

d. it will take reasonable and appropriate administrative, physical and technical measures to protect the security, integrity and confidentiality of GM’s and Professional’s information that it receives from GM and will promptly report all data breaches or other information security events to GM;

e. if the Customer’s account with GM is no longer active or is terminated, it will not represent that it receives services through GM.

1. The Customer will cooperate with GM if GM attempts to facilitate the resolution of any Customer dispute or complaint between the Customer and a Professional in relation to a Service Request.

2. GM is under no circumstances liable to the Customer or any other person for the resolution of (or failure to resolve) any such matter. GM reserves the right to charge the Customer for any amounts GM pays to a Professional in connection with any such dispute or complaint, including disputes regarding the Customer’s conduct or misrepresentation and the Customer agrees to reimburse GM for any such payments and costs, expenses or attorneys’ fees that GM incurs in connection with such dispute.

3. The Customer agrees that GM has the right to disclose any information GM retains regarding the Customer to any authorities requesting information from GM regarding any product, services or advice the Customer may have obtained.

You understand that, in the event of wilful misconduct by the Customer against GM or any, Professional, including but not limited to fraud, theft, GM shall assess against the Customer, in addition to all other fees, damages and penalties to which it may be entitled, a fee commensurate to the value of such fraud, theft, wilful damage or other wilful misconduct. This fee shall constitute compensatory damages for the time and effort of GM’s employees, agents, representatives and attorneys in addressing, investigating, and rectifying the Customer’s misconduct, and the Customer hereby agrees that such fee is reasonable and appropriate.

We reserve the right, but shall not be obliged to:

• monitor, screen or otherwise control any activity, content or material on the GM Platform and/or through the Services. We may in our sole and absolute discretion, investigate any violation of the Agreement and may take any action it deems appropriate;

• prevent or restrict access of any Customer to the Platform and/or the Services;

• report any activity it suspects to be in violation of any applicable law, statute or regulation to the appropriate authorities, and to co-operate with such authorities.

1. To the maximum extent permitted by Applicable Laws, the Customer will indemnify, defend and hold harmless (and continue to indemnify, defend and hold harmless) GM and GM Affiliates (and their respective directors, officers, employees, agents and representatives) (“Indemnified People”) from and against any direct losses, damages, liability, claims, costs, penalty and expenses (including, legal and court fees) incurred by hose Indemnified arising out of or in connection with any:

a.     breach by the Customer of any terms under this Agreement;

b.     breach by the Customer of any Applicable Law;

c.     misrepresentation or fraudulent, dishonest, unlawful or negligent act or omission of the Customer committed in the course of obtaining the Professional Services;

d.     personal injury (including sickness and death) or property damage of, Professionals or any third party in connection with the Professional Services (including in connection with any harassment, misconduct); or claim by a Professional or any other third party in connection with the Customer’s use of the GM Website except to the extent such claim is caused by any act or omission of GM.

1. Each Party represents and warrants that they have all requisite power and authority to perform their obligations under this Agreement, and that entering into and exercising any rights, performing any obligations and/or carrying out any transaction contemplated under this Agreement will not breach any applicable law or regulation (including any guidelines, rules, regulations, and any judicial, official, governmental and/or statutory and/or regulatory orders and/or judgments whether interim, final or otherwise), or breach any other contract they are a party to.

2. Each Party must immediately notify the other Party as soon as it becomes aware of any circumstances which affect (or are likely to affect) the accuracy of the representations and warranties in this Section.

3. All express or implied guarantees, warranties, representations, or other terms and conditions relating to this Agreement or its subject matter, not contained in this Agreement, are excluded from this Agreement to the maximum extent permitted by law.

4. Without limiting the Representations and Warranties, GM Services and all other technology developed by GM are provided on an “as-is” and “as-available” basis and, to the maximum extent permitted by law, GM makes no representation, guarantee or warranty to the Customer of any kind, whether express or implied, including with respect to: (a) the condition, suitability, quality, performance, accuracy, completeness, merchantability or fitness for a particular purpose of the GM services or any functionality provided through the GM App; and (b) the compatibility of the GM App or any other installed technology with the Device.

5. GM attempts to be as accurate as possible. However, GM does not warrant that product descriptions or other content of any Professional or Professional Service is accurate, complete, reliable, current, or error-free.

6. If the Professional sells any products, it does so as a seller and acknowledges that GM is not the seller. GM is not responsible for examining or evaluating, and GM does not warrant the product offerings of any Professional. GM does not assume any responsibility or liability for products and their marketing content.

1. To the maximum extent permissible by Applicable Laws, the Customer agrees to hold GM free from the responsibility for any liability or damage that may arise out of the Professional Services. GM is not responsible for the conduct, whether online of offline, of any user of the GM Platform, Customer or Professional and will not be liable for any delay, claim, injury, or damage arising in connection with any Professional Services.

2. To the maximum extent permissible by Applicable Laws, GM or GM Affiliates shall not be liable (whether from breach of this Agreement, tort (including negligence), breach of statutory duty or otherwise) for (a) any indirect or consequential loss or damages; or (b) theft, loss of profits, revenue, goodwill, anticipated savings, business or opportunity, or loss or corruption of data, even if advised of the possibility of such damages.

3. GM or GM Affiliates shall take reasonable measures to safeguard Customers against unauthorised use. GM or GM Affiliates will additionally not be held liable for the actions of third parties whose actions it does not have control over.

4. The Customer agrees that it is solely liable for (a) any accidents, incidents and issues attributable to the condition of the premises where the Professional Services are sought; and (b) breach of any Applicable Laws GM will not be liable for any such accidents, incidents, issues, breaches, costs and expenses. Each Customer should exercise caution and common sense to protect its personal safety and property, just as a reasonable person would when interacting with any person such person does not know.

5. All purchases of physical items (products and goods) from a Professional will be made pursuant towards a contract between the Customer and the Professional. This means that the risk of loss and title for such items pass from the Professional to the Customer upon delivery of such items pursuant to the aforementioned contract.

1. GM may terminate this Agreement with immediate effect upon notice to the Customer: (a) if it is deemed necessary to comply with any Applicable Law; (b) to protect GM or GM’s Affiliate interests in the event the Customer engages in inappropriate acts/omissions; (c) if the Customer has committed a breach of this Agreement; or (d) for convenience.

2. Upon termination of this Agreement for any reason: (a) the Customer’s rights to use the GM Services will cease immediately, the registration with GM and the Account of the Customer will cease to apply, and GM may block the Customer’s access to the GM App; (b) the Customer must pay to GM all amounts due and owing to GM at the date of termination, owed prior to the date of termination; (c) the Parties must cease acting in a manner that would imply a continuing relationship between the Parties and all activities contemplated under this Agreement.

3. The following Sections will survive termination of this Agreement together with any other terms of this Agreement which by their nature do so: Confidentiality, Privacy, Intellectual Property Rights, Indemnities, Liability, Termination and Governing Law and Dispute Resolution.

4. Termination of this Agreement will not prejudice any rights of the Parties that may have accrued prior to such termination.

Any notices, requests and other communications required or permitted under this Agreement must be in writing and sent to the recipient Party as follows (as amended time to time by the recipient Party by notice to the other Party):

To GM by email to with a copy to support@grabmassage.sg

To Customer: By email or text message (SMS) to the email address or mobile number (as applicable) specified in the Account or through In-App communications.

1. In this Agreement, GM operates as a technology service provider in that it provides the Customer with access to the GM App. None of the provisions set out in this Agreement shall be interpreted as creating the relationship of employer and employee or engager and worker between the Customer and GM at any time, under any circumstances or for any purpose. Nothing in this Agreement shall create a joint venture or partnership or render the Customer an agent or partner of GM and the Customer shall not hold himself/ herself out as such. The Customer acknowledges and agrees that the Professionals are not employed by GM or its affiliates nor are its agents, that the Professionals’ provision of Professional Services to the Customer creates a direct business relationship between Customer and Professional and that GM or GM Affiliates are not responsible or liable for the actions or inactions of a Customer in relation to the Customer activities.

2. The Customer agrees not to assume or create any obligation or responsibility, express or implied, on behalf of or in the name of GM or its Affiliates.

“Account”

has the meaning given in GM’s Role and Use of GM’s Services clause (1).

“Affiliates”

means the entity that, directly or indirectly, controls, is under the control of, or is under the common control with a party, where control means having more than fifty percent (50%) of the voting stock or other ownership interest, the majority of the voting rights of such entity, 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 receive the majority of the income of that Affiliate on any distribution by it of all of its income or the majority of its assets on the winding up.

“Applicable Laws”

means (whether in the Area of Operation or any other relevant jurisdiction) all laws, including rules of common law, principles of equity, 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, judgments and generally accepted accounting principles applicable from time to time.

Area of Operation

means the area within Singapore where the Customer will be booking Service Requests.

Business Day

means any day excluding a Saturday, Sunday or banking/public

holiday in the Area of Operation.

Confidential information

means any information (whether or not in material form, whether in writing or orally, or whether or not disclosed before or after the commencement of this Agreement) of whatever kind belongs to GM or its Affiliates or third party licensors and disclosed or revealed by or on behalf of GM (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 ought reasonably to know is confidential, including the information about Professionals (including personal data), phone numbers, market information, the contents of GM services including the GM App (including all text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code) and this Agreement, but does not include any information that: (a) is published or has otherwise entered the public domain without a breach of this Agreement; (b) is obtained from a third party who has no obligation of confidentiality to GM or its affiliates or third party licensors; or (c) is independently developed without breach of this Agreement.

Customer

has the meaning ascribed to it in the recitals of this Agreement

Customer Content

has the meaning given in the Intellectual Property Rights Section.

Fee

means the total fees charged by the Professional to the Customer for the Professional Services and collected by GM on behalf of the Professional. Total fee may include any GM Commission, or other charges as communicated to the Customer and Professional from time to time.

GM App

means the electronic interface where the Account is accessible on mobile devices such as a phone, tablet, or watch, which enables access to the GM Platform by the Customer (and the Customer as applicable). Login credentials (user ID and password) for which will be provided by GM or its Affiliates to the Customer.

GM Commission

means the amounts charged to a Customer for use of the GM App, access to a potential customer base etc..

GM IP

has the meaning given in the Intellectual Property Rights Section, Clause (1).

GM Platform

means collectively the GM App and GM Website together with any related programs, software, loyalty schemes, mobile applications owned (or licensed to and controlled), by GM or its Affiliates, and other URLs and/or digital technology platform that enables the Customers to contract for Professional Services directly with Customers, as may be specified by GM or its Affiliates from time to time.

GM

has the meaning given in the “Parties” section on the front page of this Agreement.

Registration Data

has the meaning given in GM’s Role and Use of GM’s Services, clause (1).

Service Request

means a request placed by the Customer on the GM App to access the Professional Services offered by the Customer through the GM App.

Total Fee

means the Fee and any additional fee including taxes, cess, safety costs payable to GM or third parties, subscription schemes or packages and/or the Cancellation Fee (as applicable) specified on the GM App as payable by a Customer for the Professional Services.

In this Agreement, unless otherwise stated:

a. headings are for convenience only and do not affect the interpretation of this Agreement;

b. the singular includes the plural and vice versa;

c. words that are gender-neutral or gender specific include all genders;

d. where a word or phrase is given a particular meaning, other parts of speech and grammatical forms of that word or

phrase have corresponding meanings;

e. the words such as’, ‘for example’, ‘including’, ‘particularly’ and similar expressions are not used as, nor are intended to be, interpreted as words of limitation;

f. a reference to:

(i) any legislation or to any section or provision of it includes all ordinances, by- laws, regulations, rules and other statutory instruments issued under it;

(ii) This Agreement or any other agreement, document or instrument (or a provision of the same) includes this Agreement or such other agreement, document or instrument as amended, novated, supplemented, varied or replaced from time to time;

(iii) a person includes an individual, partnership, joint venture, trust, corporation or any other entity or association whether or not it is incorporated or has a separate legal identity;

(iv) a Party includes that Party’s executors, administrators, successors, and permitted substitutes and assigns, including any person taking by way of novation;

(v) “SGD” or “Singapore Dollar” is to the lawful currency of the Republic of Singapore;

(vi) anything (including a right, obligation or concept) includes each part of it; and

(vii) a clause, paragraph or section is a reference to a clause, paragraph or section of this Agreement;

(viii) in determining the time of day, the relevant time of day is the time in the Area of Operation;

(ix) if a period of time is calculated from a particular day, act or event (such as the giving of a notice), it is to be calculated exclusive of that day, or the day of that act or event;

(x) no rule of construction applies to the disadvantage of a Party because that Party was responsible for the preparation of this Agreement or any part of it.