Panda Wish Term of Service
This Agreement constitutes as a legal agreement amongst you ("you" or "User") and MSK PANDAWISH BOOKING SERVICES ("Panda Wish" or "us"). The Agreement governs your use of our services and/or platforms that facilitates communications between users offered through our website: www.panda-wish.com, as it may bealtered, moved and/or redirected from time-to-time (the "Site"), and the mobile and web applications offered by us (the "Apps"). Our services, platform, Site and Apps are collectively referred to as the "PandaWish Platform".
By accessing, using, or signing uptoPanda Wish Platform or any portions thereof, you hereby acknowledge and agree to enter and be bound by the terms and conditions of this Agreement, and any future changes to this Agreement as it may get updated from time to time.
Please read this Agreement carefully. If you do not agree to accept and be bound by this Agreement, you must immediately stop using Panda Wish Platform. Panda Wish’s acceptance is conditioned upon your concurrence to this Agreement in its entirety. If this Agreement is considered to be an offer by us, acceptance is expressly limited to this Agreement.
By using the Panda Wish Platform, you represent and warrant that:
1 - You are at least 18 years oldand that you are otherwise capable of entering into binding contracts.
2 -You have the right, authority, and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement, and that you will so abide.
You agree that the Panda Wish Platform is solely a communication and booking platform providing a method for Professional Services to be booked, that all Professional Services are performed by third parties, and that Panda Wish has NO liability for any Professional Services or any acts or lapses of third parties.
Your agreement that either party may compel binding arbitration for most types of disputes, and you agree to submit to an informal dispute resolution process for at least 30 days prior to the initiation of any claim.
You agree to indemnify Panda Wish from claims due to your use, misuse or inability to use our Platform, the Products and/or Professional Services.
You come to an agreement that no claims can be adjudicated on a class basis.
You agree that Panda Wish Platform is provided "as is" and without warranty.
You acknowledge and agree to pay fees that will be applied to each appointment of a Professional Service requested through the Panda Wish Platform.
You acknowledge and agree to Panda Wish’s cancellation policies and cancellation fees.
You agree to release Panda Wish from any liability based on claims related to Services and otherwise and the limitation on 1 week as time to bring it in.
You consent to comply with any modifications or amendments to this Agreement.
You acknowledge that Panda Wish is a solely a communication and background check venue.
Panda Wish Platform is a communications platform to enableconnecting between individuals seeking to obtain health and wellness related services ("Requesters") and/or individuals seeking to provide services ("Professionals"). Requesters and Professionals together are referred to as "Users". Those certain services requested by the Requesters, which are to be completed by the Professionals, are hereinafter referred to as "Professional Services". The Professional Services may include massage services and the delivery of products (“Products”), but shall not be deemed to include the Products itself. Panda Wish does not itself provide any Professional Services. The provision of all Professional Services is up to the Professionals, which may be scheduled through use of Panda Wish Platform.
PANDA WISH PLATFORM OFFERS INFORMATION AND A METHOD TO OBTAIN PROFESSIONAL SERVICES, BUT THE PLATFORM DOES NOT AND IS NOT INTEND TO PROVIDE PROFESSIONAL SERVICES ITSELF OR ACT AS A SPA OR SPA-RELATED SERVICE PROVIDER, AND HAS NO RESPONSIBILITY OR LIABILITY FOR ANY PROFESSIONAL SERVICES AND/OR PROVIDED TO THE REQUESTER BY PROFESSIONALS, INCLUDING, BUT NOT LIMITED TO, A WARRANTY OR CONDITION OF GOOD AND WORKMANLIKE SERVICES, WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR COMPLIANCE WITH ANY LAW, REGULATION, OR CODE. PANDA WISH IS NOT AFFILIATED WITH, ENDORSED OR SPONSORED BY ANY THIRD-PARTY PROVIDER OR RETAILER.
Panda Wish checks the backgrounds of Professionals who wish to use the platform to over their services via third party background check services. However, each Requester should exercise caution and common sense to protect its personal safety and property, just as you would when interacting with any person whom you do not know. BY USING OUR PLATFORM, THE REQUESTER AGREES TO HOLD PANDA WISH FREE FROM THE RESPONSIBILITY FOR ANY LIABILITY OR DAMAGE THAT MIGHT ARISE OUT OF THE PROFESSIONAL SERVICES. YOU CONESNT THAT PANDA WISH IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER INCLUDING PROFESSIONALS, AND WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH ANY PROFESSIONAL SERVICES.
Collection of your Personal Information
Account, Password and Security
You are the sole authorized user of your account. You are responsible for maintaining the confidentiality of any username, password and account provided by you or us for accessing the Platform. You are solely and fully responsible for all activities that occur under your password or account, except that our team may, in certain circumstances, access your account to make changes that you request. We have no control over the use of any User's account by the User or third parties and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account or you suspect any other breach of security, you must contact us immediately at email@example.com. Nothing in this section shall affect Panda WIsh's rights to limit or terminate the use of our Platform.
Proof of Identity
You will provide us with such proof of identity as we may reasonably request from time to time.
By providing your phone number and/oruse of our Platform, you consent that we may, to the extent permitted by applicable law, use your mobile phone number for calls and, if such phone number is a mobile number, for text (SMS) messages, in order to assist with facilitating the requested Professional Services. Standard call or message charges or other charges from your phone carrier may apply to calls or text (SMS) messages we send you. You may opt-out of receiving text (SMS) messages from us by contacting us at firstname.lastname@example.org.
Users of our Platform contract for Professional Services directly with other Users. We are not a party to any contracts for Professional Services. The Platform facilitates these contracts by supplying a medium through which Requesters can connect with Professionals and make payments for Professional Services ("Payments"). Requesters are obligated to pay either in advance for the Professional Services and/or Products directly or through the platform in which case charge the Requester's credit card according to the amount the Requester has agreed to on the Platform with respect to all Professional Services and/or Products the Requester has ordered, and for all purchases and payments for reimbursement costs, fees or expenses associated with a Professional Service, and the Requester hereby authorizes us to charge the credit card on file in the Requester's Platform account for such amounts. We will use third party services to process credit card information. By accepting this Agreement, you are authorizingus (or a third-party payment processor on our behalf) permission to charge your on-file credit card, debit card, or other approved methods of payment for fees that you owes. Depending on the transaction you selected or services requested, the platform may charge you on a one-time or recurring basis. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Professional Services must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction at the prices in effect when such charges are incurred.
We retain the right, in our sole discretion, to place a hold on the Requester's credit card for an ordered or completed Professional Service transaction. Forty - Eight (48) hours after a Professional Service is completed, if there is no complaint by the Requester, we will mark the Professional Service as closed. If the Requester has agreed with the Professional to extend or reduce the hours in or to reschedule a requested Professional Service, the Requester bears the responsibility for notifying us. Requesters must notify Panda Wish either by changing the date or hours of the requested Professional Service through our Platform.
Professional Service Rate
The rate per hour for a Professional Service ("Professional Service Rate") depends on several factors, such as the skill required to perform the Professional Service. User agrees and acknowledges that we may increase any Professional Service Rate at any time and in its sole discretion.
1. We may terminate this Agreement or terminate or suspend your right to use our Platform at any time for any or no reason (including, without limitation, in the event that we believe that you have breached this Agreement or any policy posted on our Platform, or if we otherwise find that you have engaged in inappropriate and/or offensive behavior (collectively, "Prohibited Conduct"). Except in the event that we terminate or suspend your right to use our Platform due to any Prohibited Conduct, we will refund in full any payments for services or Professional Services that have not been performed or completed. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress. When terminating your account, We may delete the account and all the information in it. You have no ownership rights to your account.
2. You may terminate this Agreement by completely and permanently ceasing to use of our Platform (provided that there are no outstanding Professional Services ordered under your password or account) and by closing any account you have opened with us. If you attempt to terminate this Agreement while there are still outstanding Professional Services ordered under your password or account, this Agreement shall not terminate until such Professional Services have been performed or otherwise canceled as permitted by our policy.
3. Policy for Service Cancellation by Requestor. Requestor acknowledges and agrees that if Requester cancels a Professional Service after a Professional has accepted Requester’s booking, Panda Wish may, in its sole discretion, charge a cancellation fee.
Any violation of this Agreement, applicable laws or third-party rights, and/or content or information submitted to our Platform, will subject you to all legal expenses results from such action as well as held you fully and solely responsible under the law for such an action.