Software Licence Agreement – INLMK Pty Ltd, operating as ‘Mobile Massage and Wellness’ (hereinafter referred to as MMW).
The following terms of use outline the conditions that govern your usage of the MMW Platform which is provided to you by MMW (“MMW,” “we,” “our,” or “us”) and its affiliates.
By accessing the Platform, Apps, or our website, you signify your acceptance of these terms and agree to abide by them, as well as all relevant laws and regulations. If you do not agree to these terms, you are not authorised to use the Platform. MMW reserves the right to modify, amend, supplement, and/or update these terms at any time; however, your continued use of the service following changes to these terms indicates your acceptance of such modifications. Therefore, it is advisable to review these terms each time you access the Platform to stay informed about any alterations.
we strongly advise you to thoroughly review these terms and all associated policies
A- Service Provider Guidelines
As a user of MMW’s Services, you carry the responsibility for your actions and for any activity conducted using your Account. Our aim is to foster a positive environment within our Services. To achieve this objective, we have established guidelines prohibiting certain behaviours that could potentially harm other users or MMW.
The service provider commits to prioritising the health, comfort, and overall well-being of customers, utilising their current qualifications with the highest level of skill. They pledge to uphold customers’ privacy, modesty, and dignity, always maintaining professional boundaries. Furthermore, they vow to respect customers’ beliefs, rights, and values in every interaction and treatment session. Additionally, the service provider ensures the utmost diligence in safeguarding the confidentiality of customers’ personal information.
As either a Service Provider or Customer, you agree not to directly contact each other outside of the Services to discuss or arrange treatment or related services for a period of six months after your last use of the Services, unless explicitly permitted by MMW in writing or as stipulated in this Agreement.
When utilising our Services, you agree not to:
- Violate the terms outlined in this Agreement or any MMW policies concerning Service usage;
- Breach any applicable laws or regulations, Code of Conducts. ensuring compliance with all legal requirements;
- Disregard any agreements made with third parties;
- Infringe upon MMW’s or any third party’s intellectual property, privacy, publicity, or other legal rights;
- Engage in behaviour deemed by MMW as abusive, harassing, indecent, profane, obscene, hateful, or otherwise objectionable, including any form of sexual misconduct;
- Engage in stalking, harassment, or harm towards others;
- Create false identities or manipulate message origins to deceive others;
- Impersonate individuals or entities, or engage in fraudulent activities;
- Collect or store information about other users without their express consent, including altering transmission data;
- Gather personal or aggregate information about MMW’s customers or users;
- Transmit unsolicited or unauthorised advertising, promotional materials, spam, chain letters, pyramid schemes, or other forms of solicitation;
- Attempt to scrape or crawl web pages or content within MMW’s websites or apps, except where permitted for indexing by public search engines;
- Circumvent technological measures implemented by MMW or its providers to protect its platforms, or attempt to reverse engineer any software used to provide the Services; and (n) Encourage or assist others in any of the aforementioned activities.
- Engage in flirting or use sexually suggestive language or touch.
- Enter into romantic or sexual relationships with customers.
- Accept or tolerate sexually suggestive behaviour from customers.
- Touch the customer’s genitals.
- Touch the customer’s breasts (unless explicit written consent with informed therapeutic assessment and agreed treatment plan is obtained prior to commencement)
- Participate in gossip or irrelevant chatter with customers.
- Interact with customers via personal social media accounts or profiles.
- ractice under the influence of alcohol or illegal drugs.
- Discuss a customer’s personal information with other customers, friends, or relatives. Furthermore, you must:
- Avoid any behaviour or comment that could potentially make a person feel uncomfortable, whether verbal or non-verbal.
- Exercise caution with treatment techniques, ensuring appropriate draping, disrobing, and equipment use. By adhering to these guidelines, you contribute to maintaining a safe and respectful environment for all users of MMW’s Services.
B- Software Licence Agreement
- This Software Licence Agreement begins when MMW digitally notifies the Service Provider of successful completion of the Onboarding process, and remains in effect until terminated as outlined in this Agreement.
- This agreement constitutes a licensing arrangement between MMW (referred to as “We,” “Our,” or “Us”) as the licensor and the Service Provider (referred to as “You” or “Your”) as the licensee.
- MMW operates as a technology services provider facilitating an online Platform, which: i. Enables Customers to request and book Service Providers to deliver Services at a location chosen by the Customer; and ii. Facilitates the connection between Service Providers and Customers.
- Upon successful completion of the Onboarding process by the Service Provider, MMW grants the Service Provider a revocable,non-exclusive Licence for the duration of the Term. This Licence allows the Service Provider to utilise and access the Platform for the purpose of accepting Booking Requests and delivering Services to Customers, subject to the terms and conditions outlined in this Agreement.
- Throughout the Term, MMW commits to providing the Service Provider with Platform access, enabling them to accept Booking Requests and provide the Services.
- The Service Provider acknowledges and agrees that: i. MMW does not provide, perform, or offer any Services, nor does it act as an agent or broker; ii. MMW does not participate in any interaction between the Service Provider and Customers beyond facilitating the Platform and Support, which includes invoicing, processing Service Fees on behalf of the Service Provider, and addressing complaints. iii. MMW does not employ the Service Provider or any other Service Providers featured on the MMW online Platform;
- By utilising the Platform, the Service Provider consents to comply with all relevant laws and regulations governing the Services and their engagement by Customers.
- Upon receiving a Booking Request from a Customer, MMW will upload the request to the Platform, subject to the terms and conditions of this Agreement and the customer’s terms and conditions available at MMW website terms page.
- As a condition for MMW to make Booking Requests available to the Service Provider, the Service Provider must, at all times during the Term: i. I.1 Complete the Onboarding process; ii. I.2 Be registered as a Service Provider on the MMW Platform; and iii. I.3 Accept and adhere to the terms and conditions outlined in this Agreement. iv. I.4 Possess access to Professional Equipment as per the term of this Agreement, essential for providing the Services;
- Upon acceptance of a Booking Request, the Service Provider must: i. Fulfil the Booking by delivering the Services directly to the Customer in accordance with this Agreement; or ii. In the event the Service Provider is unable to attend a Booking: iii. Promptly withdraw from the Booking to allow another Service Provider on the MMW Platform to accept it; or, ensure that the Booking is completed in line with this Agreement; iv. Arrange for employees of the Service Provider to fulfil the Booking; or v. Engage another individual or company as an Assigned Service Provider to carry out the Booking.
- The Service Provider must not sublicense any rights under this Agreement without prior written consent from MMW.
C- Terms and conditions
- By using the Platform, you confirm that you can enter into this Agreement. As a prerequisite for accessing the Platform, you confirm and guarantee to us that you satisfy the eligibility criteria outlined in this agreement and possess the necessary right, authority, and capacity to engage in this Agreement.
- These terms establish a legally binding agreement between you and us. By accessing and using the Platform and/or our website, you are accepting this Agreement and commit to using the Platform in compliance with the terms and conditions outlined herein.
- This Agreement commences upon MMW digitally notifying the Service Provider of successful completion of the Onboarding process and remains effective unless and until terminated in accordance with the provisions of this Agreement.
- MMW reserves the right to amend the terms of this Agreement at any time during the Term. The Service Provider’s continued access and use of the Platform indicate consent to be bound by the terms of this Agreement, including any amendments made from time to time. Where we make such amendments, you will be notified on the platform or by other means, ensuring that your continued use of the platform implies your consent to these amendments.
- MMW retains the right to terminate this Agreement, with immediate effect, under the following circumstances: i. MMW does not receive a satisfactory police record check from the Service Provider, a satisfactory police certificate must be issued within the past three years and should not indicate convictions for murder, assault, or theft. ii. The Service Provider fails to provide MMW, upon request, with evidence of the required insurance coverage. iii. A Termination Event occurs.
- MMW acknowledges that the Service Provider may not always be available to accept Booking Requests during the Term. It is entirely at the Service Provider’s discretion whether to accept or decline a Booking Request.
- MMW acknowledges that the Service Provider may not always be available to utilize the Platform during the Term. The decision of when to use the Platform rests solely with the Service Provider.
- Upon termination, we will promptly settle any outstanding amounts that we reasonably determine we owe you, at our discretion. If MMW terminates this Agreement, your access to the Platform, deactivates, or cancels your Account, you will still be responsible for any outstanding amounts owed under this Agreement. Termination of these Terms will result in the immediate cessation of all licences granted by MMW for your use of the Platform or our websites.
- Your right to terminate your Account: You have the option to cancel your Account at any time by reaching out to us via the contact information provided on our website or through any other cancellation method made available through the Platform. However, it is important to understand that upon cancellation of your Account, we are not obligated to retain, delete, or return any of Your Materials that you have shared on the Platform, which includes but is not limited to, reviews, feedback, invoices, reports, and similar content.
- Our right to terminate: Should we terminate this Agreement or your access to the Platform due to your breach of any applicable law or regulation, we reserve the right, at our discretion, to notify law enforcement or regulatory authorities regarding the circumstances leading to such termination.
- If you do not agree with all of the provisions of this Agreement, do not access and/or use the Platform.
D- Service / Treatment
Service / Treatment transparent Each appointment or service provided requires a clearly outlined service / treatment plan. Services /treatments rendered must adhere to both the registered service scope and the qualifications of the provider. Explicitly detailing the treatment plan and securing informed consent from the customer are paramount. Should consent be withdrawn for any reason, services / treatments must cease immediately. Service provider must obtain informed consent at the start of and throughout the service / treatment. Customers must receive comprehensible information about the treatment or service before consent is sought and prior to its commencement. Consider the customer’s literacy and language skills when obtaining consent, including the need to access interpreter services if the customer does not have sufficient English language skills. For consent to be valid, it must meet the following criteria: It must be given voluntarily, free from coercion, fraud, or deceit. It must encompass the specific treatment or service being provided. It must be given by a person with legal capacity. Customers retain the right to withdraw consent for a treatment or service at any time. In such cases, the service provider must promptly honour this decision and cease the treatment or service immediately.
E- Bookings
- MMW and the Service Provider mutually agree and acknowledge the following:
- Throughout the Term, MMW will grant the Service Provider access to Booking Requests via the Platform under the terms of this Agreement.
- The Service Provider may exclusively accept a Booking Request through the Platform and not via any other means, such as contacting a customer outside of the Platform.
- It is entirely at the discretion of the Service Provider whether to accept a Booking Request.
- Each Standard Booking Request uploaded onto the Platform will be visible to all Service Providers based on their location, services offered, and availability, and will be open for acceptance on a ‘first come, first served’ basis.
- Each Direct Booking Request uploaded onto the Platform will be viewable only by the Specific Service Provider requested by the customer, and acceptance is limited to that Specific Service Provider unless the customer converts the Direct Booking Request to a Standard Booking Request.
- MMW will not be a party to any contract arising between a Customer and the Service Provider due to the acceptance of a Customer’s Booking Request.
- Any warranties or representations regarding the Services are solely between the Service Provider and the Customer, and MMW does not provide any such warranties or representations.
- MMW assumes no responsibility for or control over the Service Provider or the Customer. The Service Provider is solely accountable for the quality and safety of the Services, and MMW is not liable for any agreements or legal aspects relevant to the Services facilitated through the Platform, except as required by law.
- MMW does not guarantee the availability of Booking Requests for the Service Provider through the Platform or any specific revenue resulting from this Agreement.
- MMW reserves the right, at its discretion and without reason, to cease making the Platform available to the Service Provider without notice.
- Subject to this Agreement, the Service Provider bears sole responsibility for the manner in which it provides the Services or completes the Bookings.
- The Service Provider acknowledges and agrees that it is responsible for logging into the Platform to view available Booking Requests.
- The Platform offers “Rebooking Request” and “Direct Booking Request” functions that allow Customers to request the Service Provider as a Specific Service Provider, subject to availability. In the event of a Rebooking Request or a Direct Booking Request from a Customer, the Service Provider acknowledges and agrees to the following:
- MMW, with or without instructions from the Customer, may make the Rebooking Request or the Direct Booking Request available for acceptance by the Service Provider via the Platform.
- The Service Provider has a limited period, specified in the Direct Booking Request on the Platform, to respond (accept or decline) to the Direct Booking Request.
- If the Service Provider accepts a Direct Booking Request, it must perform the Services as required by the Direct Booking Request.
- If the Service Provider fails to respond to the Direct Booking Request within the specified period, it may be converted into a Standard Booking Request by the Customer or MMW, and advertised on the Platform to all other available Service Providers.
- MMW reserves the right to place Booking Requests on the Platform for Customers who directly contact MMW for such requests.
- Customers can propose a price when making a Booking Request through the Platform. When a price is proposed, Service Providers, notified based on their proximity and availability, can choose to accept the suggested price, or negotiate a new rate through the Platform or with the help of the MMW Support team. It is entirely up to the Service Provider to decide whether to accept a proposed price booking.
- If the Service Provider and Customer come to an agreement on the price, the Service Provider will carry out the Service as mutually agreed upon.
F-Service provided Fee
- The Service Provider recognizes that they are entitled to receive the Service Fee only upon completion of the Services in accordance with this Agreement.
- Services are considered completed under this Agreement only when the Service Provider has fulfilled the Services as per the Booking and clicked on the “complete” button function on the Platform.
- In the event of a Booking cancellation by a customer: i. If cancelled within five (5) hours before the scheduled Booking time, the Service Provider is entitled to the full-Service Fee. ii. If cancelled within twenty-four (24) hours before the scheduled Booking time but with at least five (5) hours’ notice before the scheduled time, the Service Provider is entitled to fifty (50) percent of the Service Fee, subject to any Service Fee payable to MMW under this clause.
- The Service Provider is entitled to the full-Service Fee, subject to any Licence Fee payable to MMW under this clause,if: i. The Customer fails to provide access to the Property to the Service Provider more than twenty (20) minutes after the scheduled start time, or; ii. The Customer is late to the Booking by more than twenty (20) minutes.
- MMW will receive and hold the Service Fee on behalf of the Service Provider until each relevant Processing Date.
- On each Processing Date, MMW will pay the Service Provider the Service Fee minus the License Fee payable by the Service Provider to MMW under this clause and minus any other deductible amount under this Agreement, through direct deposit to the Service Provider’s nominated bank or Stripe account. If the Service Provider has not completed any Bookings during a specific processing period, they will not be entitled to receive any Service Fees for that particular week.
- The total Service Fee payable to the Service Provider on each Processing Date is determined by the total value of tax invoices issued on behalf of the Service Provider through the Platform, which have been paid by the relevant Customers, for Bookings completed by the Service Provider during the relevant processing period.
- The Service Provider acknowledges and agrees that the Platform will generate tax invoices on their behalf, including the Service Provider’s name (including any trading name), ABN, and other details required by law or reasonably necessary to include on the invoices issued to Customers. The Service Provider must ensure that it uploads up-to-date details required by law onto the Platform for inclusion on any tax invoice issued to Customers.
- The Service Provider acknowledges and agrees that MMW may modify the process for the collection and payment of Service Fees under this clause at its sole discretion.
G- Health, Safety and Well-being Guidelines
When accessing the Platform, the Service Provider affirms its understanding of the stipulations outlined in any relevant workplace and occupational health and safety legislations that pertain to the interaction between a Customer and the Service Provider.
No Party shall possess, and must not assert to possess, any capability, entitlement, or mandate to legally obligate the other Party, or to undertake or establish any duty or liability, whether explicit or implicit, on behalf of the other Party or under its name, unless expressly authorised in written form.
In performing the services, the Service Provider acknowledges their sole responsibility for personal safety and well-being.MMW lacks the capacity to supervise the Service Provider’s actions during service provision.
If you are uncertain whether the customer fully understands the treatment or has provided informed consent, refrain from commencing the treatment. Immediately stop the treatment if a customer initiates sexual behaviour. If you ever feel unsafe during a session, cease service / treatment, and leave the situation.
MMW retains the right to suspend the Service Provider’s MMW account if potential hazards endanger the safety of the Service Provider, Customer, or the public. Additionally, the Service Provider must adhere to industry-standard safety protocols and regulations while performing services.
This includes ensuring the proper use and maintenance of equipment,following hygiene practices, and implementing appropriate safety measures in the service environment. Any health and safety incidents occurring during service provision must be promptly reported to MMW via the MMW Platform or email.
MMW is not obligated to provide any training related to the Services.The Service Provider must promptly cease activities if they perceive any significant health or safety risks to themselves or the Customer.
Immediate consequences will be enforced for any violation.Service Providers are encouraged to actively participate in ongoing safety training and education to ensure the highest standards of service delivery and customer care.
H- MMW’s Prohibited Conduct Policy
- Engage in commentary that would be deemed offensive, bullying, harassing, and/or discriminatory by a reasonable person.
- Aggressive, confrontational, or harassing conduct. It is prohibited to use language or gestures that may be perceived as disrespectful, rude, or threatening.
- Discrimination.MMW maintains zero tolerance for any actions that discriminate against individuals based on personal characteristics, such as age, disability, gender identity, marital status, national origin, race, religion, political beliefs, or sexual orientation.
- Offering advice or treatments beyond your qualifications or the services you are authorised to provide.
- Maintaining ongoing contact outside the MMW Platform. – Intentional property damage, whether by the customer or the service provider, is strictly forbidden. In cases of accidental property damage, repair or cleaning fees may apply, and all incidents must be promptly reported to MMW.
- Engaging in any form of sexual harassment or inappropriate conduct.
- Sharing personal information of customers or other service providers without consent.
- Misrepresenting qualifications or credentials. – Violating confidentiality agreements with customers.
- Engaging in any illegal activities while using MMW’s platform. – Falsifying or manipulating reviews or ratings.
- Ignoring or disregarding customer preferences or boundaries.
- Using MMW’s platform for purposes other than professional service provision.
I – Service Fee Management
The Service Provider’s entitlement to the Service Fee is contingent upon the completion of Services as per this Agreement. Services are considered complete only when the Service Provider finishes the designated tasks in accordance with the Booking and clicks on the “complete” button within the Platform.
In case of a customer-initiated cancellation:
If the cancellation occurs within five (5) hours before the scheduled Booking, the Service Provider is entitled to the full-Service Fee, subject to any applicable Licence Fee payable to MMW.
If the cancellation happens within twenty-four (24) hours before the scheduled Booking but with at least five (5) hours’ notice, the Service Provider is entitled to receive fifty (50) percent of the Service Fee, subject to any Service Fee payable to MMW.
Additionally,the Service Provider is entitled to the full-Service Fee if:
The Customer fails to grant access to the Property beyond twenty (20) minutes after the scheduled start time of the Booking.
The Customer arrives late to the Booking by more than twenty(20) minutes.
MMW acts as an intermediary in the collection and holding of the Service Fee on behalf of the Service Provider until each Processing Date. On these dates, MMW disburses the Service Fee to the Service Provider’s nominated bank after deducting any applicable Platform Licence Fee and other deductions permitted under this Agreement.
The calculation of the total Service Fee payable to the Service Provider on each Processing Date is based on the total value of tax invoices issued on behalf of the Service Provider through the Platform, considering payments made by relevant Customers for completed Bookings during the relevant processing period.
The Service Provider acknowledges and accepts that the Platform will generate tax invoices in the Service Provider’s name (including any trade name), including the ABN and other legally required or reasonably necessary details to Customers. It is the Service Provider’s responsibility to ensure that all legally mandated details for tax invoices issued to Customers are kept up to date on the Platform.
Moreover, the Service Provider acknowledges MMW’s authority to modify the process for collecting and disbursing Service Fees at its sole discretion.
J- GST and Tax
The Service Provider acknowledges and agrees to the following terms:
The Service Fees already include any applicable GST, and it is the sole responsibility of the Service Provider to remit any GST owed to their respective government tax agencies (e.g., ATO).
The Service Provider is accountable for paying all taxes related to the provision of services or assessed on any Service Fees under this Agreement.
The Service Provider fully indemnifies MMW from any tax or superannuation liabilities arising from payments received or made on behalf of the Service Provider.
MMW reserves the right, at its discretion, to charge Customers a booking fee, license fee, or any other applicable fee for using the Platform, with MMW retaining full entitlement to such fees.
K. Platform Licence Fee
In exchange for the Platform Licence granted to the Service Provider, the Service Provider must pay the Platform Licence Fee to MMW on each Processing Date, subject to the following conditions:
If the Service Provider cancels a Booking:
- With more than twenty-four (24) hours’ notice before the scheduled Booking time, the Service Provider must pay an amount equal to twenty-five (25) percent of the Platform Licence Fee on the Processing Date.
- Within twenty-four (24) hours before the scheduled Booking time but with at least five (5) hours’ notice, the Service Provider must pay an amount equal to fifty (50) percent of the Platform Licence Fee on the Processing Date.
- Within five (5) hours before the scheduled Booking time, the Service Provider must pay the full Platform Licence Fee on the Processing Date.
- MMW will provide the Service Provider with a tax invoice for the total Platform Licence Fee prior to or on the Processing Date for the relevant processing period.
- The Service Provider authorises MMW to deduct the total Platform Licence Fee from the Service Fee payable to the Service Provider on each Processing Date.
L- CONFIDENTIALITY
- You must keep all Confidential Information confidential and ensure that Confidential Information is not disclosed to any third party or used except to the extent required to perform the Services, or if you can prove the information:
- is, or becomes, publicly available through no fault or breach by you, but only from such date as the information becomes so available;
- was rightfully in your possession as shown by written records without obligation of confidentiality prior to receipt of that information from MMW;
- was legitimately disclosed to you by a third party who had the right to disclose it;
- is required by law to be disclosed, provided that prior written notice is delivered to MMW prior to any such disclosure; or
- has been approved for release by written authorisation executed by an authorised representative of MMW.
- You must take all necessary steps to secure Customer details and any Confidential Information available in the MMW Platform.
- You acknowledge and agree that MMW owns all Customer records.
- Upon written request by MMW, you must return or destroy the Confidential Information and erase all Confidential Information from your electronic databases and computer records. You must also certify to MMW that the Confidential Information has been destroyed or erased and that no written or other record has been retained by you. This does not apply to copies of Confidential Information that you are required by law to retain.
M- EXPENSES
You are responsible for paying all costs and expenses associated with providing the Services, including, but not limited to travel, service specific equipment or consumables, and any other costs associated with using the MMW Platform.
N- INTELLECTUAL PROPERTY AND MORAL RIGHTS
- Any Intellectual Property Rights subsisting in any materials (whether in written or electronic form) created or contributed to by you arising out of or in connection with the Services or this Agreement (IP Materials) are the property of MMW.
- Any IP Materials are irrevocably transferred to MMW upon creation of the IP Materials.
- MMW grants to you a licence to retain copies, including reproducible copies, of the IP Materials to complete the Services, but for no other purpose.
- Nothing in this clause operates to grant a party or transfer any rights in respect of the other party’s Background IP.
- You waive any Moral Rights you may have in relation to the IP Materials.
O- INDEMNITY
The service provider accepts responsibility and agrees to indemnify MMW against any loss, damage,cost, or expense resulting from their breach of this Agreement, negligence, or wilful misconduct.
Additionally, the Service Provider agrees to indemnify MMW against any losses suffered in connection with this Agreement, including those arising from negligence, the manner of service provision, legal classification, employee entitlements, taxes, fees, or charges.
The Service Provider accepts responsibility for any damage to the Property or loss suffered by the Customer during the provision of Services. This includes damage caused by the Service Provider and any harm to the Customer.
MMW bears no liability for any damage to the Property or loss suffered by the Customer. The Service Provider indemnifies MMW from any associated costs or liabilities.
If MMW receives notice of damage or loss, it will investigate with the Service Provider’s cooperation. If the Service Provider is found responsible, MMW may deduct repair costs from the Service Fee held on their behalf.
If the Service Fee is insufficient to cover the costs, the Service Provider must promptly reimburse MMW for the remaining amount.
This indemnity is separate from other obligations and survives the termination of the Agreement. The Service Provider must fulfil payment obligations promptly upon MMW’s demand.
MMW cannot guarantee continuous or faultless operation of the Platform and is not liable for any resulting loss or damage to the Service Provider. MMW’s liability is limited to the maximum extent permitted by law, excluding implied warranties.
These obligations persist beyond Agreement termination. This clause does not affect agreements between the Service Provider and Customers regarding liability for property damage or loss.
P- Personal Information and Privacy
You acknowledge that handling personal information may be part of performing the Services. It is warranted that all necessary steps will be taken to comply with the Privacy Act 1988 (Cth), ensuring the protection of personal information from misuse or disclosure.
In performing the Services, both Parties agree to adhere to the Australian Privacy Principles outlined in the Privacy Act 1988 (Cth) and other relevant legislation or privacy guidelines.
Respecting the privacy of Customers is paramount. You must refrain from actions that could breach their privacy, such as sharing private information without consent, initiating unwanted or unsolicited contact, or making unwanted visits.
Q- Third Party Links & App Store
- Third-Party Links: Our Site may include links to third-party websites. These are provided for your convenience and information only. We do not control the content of these sites or resources. MMW does not review, endorse, or make any guarantees regarding Third-Party Links. Your use of them is at your own risk. When you click on any Third-Party Links, the terms and policies of the relevant third party apply, not this Agreement.
- App Store: When you download our Apps, you may do so through a third party’s App Store. You acknowledge that the terms of this Agreement are between you and us, not the owner or operator of the App Store (“App Store Owner”).
R- Anti-Spam
MMW prohibits the transmission of unsolicited emails or text messages (spam) or any other communications that violate relevant privacy and anti-spam laws. For the purpose of this policy, spam is defined as the sending of any message that promotes commercial activities or sending multiple messages with similar content to individuals, entities, newsgroups, forums, email lists, or other groups without prior authorization from the recipients or unless there is an established business or personal relationship with the recipients in accordance with applicable law.
MMW also prohibits the use of false headers in emails or any falsification, forgery, or alteration of the origin of any email or text message related to MMW and/or its services. Engaging in any of these activities using the services of another provider, remailer service, or by any other means is also prohibited. If you or anyone you know receives unsolicited communications related to MMW’s services, please promptly contact us using the contact information page or through the contact mechanism available on the website so that appropriate action can be taken.
S- licensor-licensee Relationship
In this Agreement, it is clearly stated that MMW and the Service Provider do not intend to establish any independent contractor, agency, partnership, joint venture, employer/employee, or franchisor/franchisee relationship. Instead, the Agreement exclusively establishes a licensor-licensee relationship.
B- Software Licence Agreement
- You are responsible for obtaining and maintaining (at your cost):
- any insurance which may be required to perform the Services;
- professional indemnity insurance for the term of this Agreement;
- public liability insurance for the term of this Agreement (unless otherwise agreed in writing by MMW).
- You must notify us in writing if any insurance you are required to hold under this Agreement lapses, is suspended or cancelled, and provide copies of certificates of currency, and all necessary or required insurance policies related to providing the Services.
- Upon MMW’s or the Customer’s request, the Service Provider must furnish original documentation to validate the adequacy of all requisite insurance policies it must uphold.
- The Service Provider recognizes that it does not possess entitlement to any insurance policies, including those covering accidents, third-party liabilities, workers’ compensation, or other forms of indemnity, that MMW may possess