The website at massago.ca and such other locations as made available (the “Website”) and the Massago mobile application (the “App”), as each may be updated, relocated or otherwise modified, including through downloadable software, tablet applications and all intellectual property contained therein (the Website and App hereinafter being collectively referred to as the “Site”) are owned operated by Massago Inc. and its affiliated companies (collectively “Massago”, “we” or “us”).
B. Minimum Age and Ability to Bind
The Site and the Service are available only to persons or organizations that can form legally binding contracts under applicable law. Without limiting the foregoing, the Site and the Service are not available to individuals under the age of 18. If you do not qualify, you are not permitted to use the Site or the Service. If you are using the Site or the Service on behalf of an organization, you represent and warrant that you have the ability to bind such organization by your use of the Site and the Service.
In order to become a Massago Member you must complete the registration process on the Site. You agree to provide true, accurate, current and complete information about yourself and your organization, as applicable, as requested on the Site.
D. Account Access
As part of the registration process you will be asked to select a username and password. You are responsible for maintaining the confidentiality of your account credentials and agree to notify Massago immediately of any unauthorized use of your accounts. You are responsible for all use of Treatments booked or occurring under your username. We will not be responsible for any unauthorized use of your account by third parties. You will be held liable for any loss that may occur as a result of any third party using your account.
A. Requesting Treatments
A Massago Member (a “Requesting Member”) may use the Service to post a request to have a particular Treatment provided (a “Request”). Such Requests must be clearly worded, correctly provide for the relevant category of service, indicate the date and time at which such Treatment is required and be a fair and accurate description of the Treatments to be provided. When making a Request, the Requesting Member is solely responsible for confirming the accuracy of all information provided, including the Treatment requested and the location at which the Requesting Member will require such Treatment (the “Premises”). As a Requesting Member, you understand and agree that you have made an offer, for which a Massago Provider has the power to accept or reject in his or her sole discretion. Once a Massago Provider has accepted your Request (a “Confirmed Appointment”), cancellation shall be made only in accordance with the Cancellation Policy set out in Section B.6 below. You understand that once a Massago Provider accepts your Request and a Confirmed Appointment has thus been made, we will notify you with basic information about the Massago Provider, which may include individual’s name, photo, and estimated time of arrival. You will also be able to contact the Massago Provider using the App for the sole purpose of communication related to the Treatment appointment.
Massago Members acknowledge that all Massago Providers are third party contractors who are not employees of Massago.
B. Terms and Conditions
Massago Members agree with the following terms for all Treatment appointments booked on the Service.
2. Conduct of Massago Members. Massago Members understand that Massago Providers are trained, certified and licensed (where applicable under relevant federal, provincial or local law) and specialize in massage therapy and other health and wellness techniques. Massago does not tolerate any requests deemed sexual or inappropriate in nature. Massago Members reported for inappropriate behavior will be immediately removed from the Service. Massago Members agree that massage and other health and wellness services are for relaxation and therapeutic purposes, only, and should not be used if the person who will receive such treatments is on any medication that would be expected to weaken bone structure and/or connective tissue or lead to enhanced bleeding; have edema due to chronic heart failure or kidney failure; have an inflammatory condition in the acute stage; have acute phlebitis and/or deep venous thrombosis; have had an acute trauma or recent surgery; are in the first trimester of pregnancy; or where such treatments are otherwise contraindicated. A Massago Member who uses the Site to book a specific treatment on his or her own behalf or on behalf of a third party should consult a physician if uncertain as to whether such treatment is appropriate for such individual.
3. Conduct of Massago Providers. Massago shall ensure that at the date of enrollment with Massago each Massago Provider shall be a member in good standing with the College of Massage Therapists of Ontario (the “CMTO”). SAVE AND EXCEPT AS AFORESAID, MASSAGO MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER AS TO THE CHARACTER, FITNESS OR SUITABILITY OF ANY MASSAGO PROVIDER. By using the Service, the Massago Member confirms that it understands and agrees with the CMTO’s policies (including, without limitation, those pertaining to client records maintenance), principles, standards of practice, and code of ethics governing members of the CMTO, as set for at www.cmto.com.
4. Fees and Payment. The fees (“Fees”) listed on the Site are the standard fees for the listed Treatment, which Massago may change at any time in its sole discretion by so posting on the Site. Fees for Treatments provided by a Massago Provider may vary depending on a variety of factors such as length, day, time, or location of appointment. A hold will be placed on the Massago Member’s credit card on file twelve (12) hours prior to the scheduled Treatment. If the Treatment is booked within twelve (12) hours of the appointment, an immediate hold on the Massago Member’s credit card will be placed. A fifteen percent (15%) gratuity shall be added to all Fees.
5. Receipts and Gift Certificates. Receipts provided for Treatments may only be issued for those services that fall within the scope of practice of the Massago Provider and shall be signed by the Massage Provider who performed the Treatment. Receipts shall include the Massage Provider’s CMTO registration number, the date of the transaction and the description and duration of the Treatment. When a gift certificate is purchased, the description of the Treatment shall reference “Gift Certificate”, and the dollar amount paid will be listed on the receipt. When the gift certificate is redeemed, a receipt for the dollar amount of the gift certificate will not be issued. If the recipient of the Treatment wishes to receive a receipt, the dollar amount listed must be “Gift Certificate redeemed” with no dollar amount given. Receipts issued for missed or cancelled appointments will be clearly marked “For missed appointment”. Duplicate receipts will reflect the date on which the duplicate receipt was issued and be clearly marked “Duplicate receipt”, and the description of services will indicate the date on which the original Treatment was rendered.
6. Cancellation Policies. Massago Members should provide as much advance cancellation notice as possible in connection with any Confirmed Appointments. Cancelled Confirmed Appointments shall be subject to the following cancellation fees:
(i) for Confirmed Appointments cancelled within ten (10) minutes of a Massago Provider having confirmed a Request, there shall be no cancellation fee;
(ii) for Confirmed Appointments cancelled with at least twelve (12) hours advance notice prior to the time of the Confirmed Appointment, there shall be no cancellation fee;
(iii) for Confirmed Appointments cancelled with at least four (4) hours but less than twelve (12) hours advance notice prior to the time of the Confirmed Appointment, there shall be a cancellation fee of $50 plus HST; and
(iv) for Confirmed Appointments cancelled with less than four (4) hours advance notice prior to the time of the Confirmed Appointment, the full Fee plus HST for the Treatments booked shall be paid not including gratuity.
7. No Liability. Massago will not have any liability whatsoever for any of the Treatments provided by Massago Providers. Massago Providers bear sole liability for all of the services provided by it, including, without limitation, those Treatments that are booked through the Service. NEITHER MASSAGO NOR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS ARE RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICE AND YOU HEREBY RELEASE MASSAGO AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS FROM ANY LIABILITY RELATED THERETO, WHETHER DIRECT OR INDIRECT. MASSAGO AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS WILL NOT BE LIABLE FOR ANY CLAIM, INJURY, OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF THE SERVICE.
8. Recurring Bookings through Massago. Massago Members acknowledge and agree that in order to receive pre-negotiated rates with Massago Providers, Massago Members shall continue to book all subsequent appointments with the Massago Provider that provided their initial Treatment through the Site.
9. Responsibility for Payment. Massago Members will be charged the applicable Fees following the completion of the Treatment as well as any cancellation fees, as applicable. Massago Members agree to pay to Massago all Fees and cancellation fees, whether or not you dispute the amount of the charge or the quality or nature of the Treatment or Treatments provided. All Fees and cancellation fees will be inclusive of applicable taxes. Charges paid by you are final and non-refundable, unless otherwise determined by Massago. You acknowledge that Treatments obtained through the Site may not be covered services under provincial health insurance plans, employee group or other benefit plan or any other government-sponsored or private health insurance plan. Massago Members acknowledge and agree that Massago will not file any claims with any such insurance benefit plans, and that the Treatments that the Massago Member receives from or through Massago may not be eligible for reimbursement under such plans.
10. Disputes with Massago Providers. Any disputes between Massago Members and Massago Providers shall be dealt with in accordance with the dispute resolution provisions set forth in Section 16 and shall further be conducted in accordance with all policies, principles, standards of practice, and code of ethics governing members of the CMTO.
4. COPYRIGHT AND TRADEMARKS
Except as otherwise indicated, the Site, and all text, images, marks, logos and other content contained herein, including, without limitation, the Massago logo and all designs, text, graphics, pictures, information, data, software, sound files, other files, messages, information, text, music, sound, photos, graphics, code or other material and the selection and arrangement thereof (collectively, the “Site Content”) are the proprietary property of or its licensors and are protected by Canadian and international copyright laws. All rights to the Site Content are expressly reserved.
Massago, its logo and all other product or service names or slogans displayed on the Site are registered and/or common law trademarks of Massago and/or its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Massago or the applicable trademark holder. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Massago and may not be copied, imitated or used, in whole or in part, without the prior written permission of Massago.
ANY COPYING, DISTRIBUTING, TRANSMITTING, POSTING, LINKING, DEEP LINKING, OR OTHER MODIFICATION OF THIS SITE WITHOUT THE EXPRESS WRITTEN PERMISSION OF MASSAGO IS STRICTLY PROHIBITED. Any violation of this policy may result in a copyright, trademark or other intellectual property right infringement that may subject you to civil and /or criminal penalties.
5. ACCESS AND USE OF THE SITE AND SERVICE
A. Prohibition on Spam; Permission Practices
You may not use the Site or the Service for purposes of sending unsolicited email messages (sometimes called “spam”).
We reserve the right without notice to take all measures of any nature (whether legal, technical or otherwise) to prevent unsolicited bulk email and/or other unauthorized email, messages or campaigns from entering, utilizing or remaining within our network.
B. Consent to Electronic Communications
When you register with Massago, Massago will send you a text message containing a 4-digit code in order to verify your phone number and will send text messages and push notifications (“Messages and Notifications”) in order to keep you informed about the Service as well as about any Treatment appointments. As an example, Massago will send you a text message to confirm or remind you of your Treatment appointment. By using the Service, you agree to receive Messages and Notifications regarding your use of the Service. Text messages are for informational purposes only. While Messages and Notifications are intended to enhance your use of the Service, you may disable push notifications on your device or email us to request that we remove yourself from our text message database.
If you wish to remove yourself from any list, please email us with an “OPT-OUT”, “UNSUBSCRIBE” or “REMOVE” in the subject line. Depending on your current carrier plan, you may incur charges for these Messages and Notifications and agree to not hold Massago liable for any charges incurred. You acknowledge that any terms between you and any third-party provider create no obligation or responsibility on the part of Massago, and that Massago is not responsible for any failure of warranty by any such third party. Massago cannot control certain factors relating to message delivery. You acknowledge that, depending on your mobile carrier’s service, it may not be possible to transmit a text message to you successfully. We have no liability for transmission delays or message failures.
6. PROVISION OF SERVICE AND USER CONDUCT
A. Use of Site and Service
You acknowledge that you are solely responsible for your data input messages using the Site and the Service and that Massago is responsible solely for providing the Site platform and interface and instructions on how to use same. You are solely responsible for ensuring adherence to all such instructions on how to use the Site and Service.
Save and except for its obligations set forth above, Massago takes no responsibility and assumes no liability for any content or data input or stored or uploaded by you or any third party (including, without limitation, all contact information and message content), or for any loss or damage thereto.
You further agree to comply with the following in connection with your use of the Site and the Service:
• You may not access or use the Site or the Service in a way that uses technology or other means to access, index, re-render, frame, mirror, truncate, add to, inject, filter or link to the Site or the Service that is not authorized by us (including by removing, disabling, bypassing, or circumventing any content protection or access control mechanisms intended to prevent the unauthorized use, download, linking, framing, reproduction, access to, or distribution of the Site or the Service).
• You may not use any deep-link, page-scrape, robot, crawl, index, spider, offline reader, click spam, macro programs, internet agent, or other automatic device, program, algorithm or methodology which does the same things, to use, access, copy, index, acquire information, generate impressions or clicks, input information, store information, search, generate searches, or monitor any portion of the Site or the Service for any unauthorized purpose.
• You may not use the Site or the Service in a way that, as determined in our sole discretion, damages, disables, overburdens, impairs, or gains unauthorized access to the Site or the Service, including Massago’s servers, computer network, or user accounts.
• You may not use the Site or the Service in a way that removes, modifies, disables, blocks, obscures or otherwise impairs any advertising in connection with the Site or the Service.
• You may not copy, display, distribute, download, license, modify, publish, re-post, reproduce, reuse, sell, transmit, use to create a derivative work, or otherwise use the content of the Site or the Service for public or commercial purposes without our express written permission.
• You shall not interfere with or disrupt the Site or any related Massago servers or networks connected to the Site or the Service.
• You shall not restrict or inhibit any other user from enjoying and using the Site or the Service.
• You shall not use the Site or the Service in violation of applicable law or third party rights (including third party terms of service), and shall not use the Site or the Service for hosting content (for example, images and documents) that infringes on the intellectual property rights of others.
• You shall not repeatedly upload and remove unique email addresses or otherwise try to manipulate data in an attempt to circumvent our fee schedule or billing procedures.
• You may only use our templates, any images we provide, or any other features or functionality of the Service (for example, you may not take an image or template and use it on your website).
B. Restrictions on Use
You expressly agree not to transmit, distribute, store, create or otherwise publish through the Site any of the following:
• content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable
• content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, provincial, federal or international law
• content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party
• content that would violate or infringe upon the rights of others
• content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity
• content that is false and misleading
• unsolicited promotions, political campaigning, advertising or solicitations
• viruses, corrupted data or other harmful, disruptive or destructive files
• content that, in the sole judgment of Massago, is objectionable or which may expose Massago or its users to any harm or liability of any kind.
Any use of the Site in violation of the foregoing violates the Agreement and may result in, among other things, termination or suspension of your rights to use the Site or Service.
C. Limitations on Use
You understand that delivery of messages by means of the Site or the Service may involve transmissions over various networks, and that the messages (including images and text contained therein) could be reformatted or otherwise revised to conform to the formatting or technical requirements of such networks. You also understand and agree that messages exceeding maximum character limitations may be truncated, abbreviated, reduced or otherwise abruptly cut short.
We reserve the right to modify, revise, suspend or discontinue any Service in whole or in part, either temporarily or permanently and with or without notice, and you acknowledge that we are not obligated to support or update the Service in any manner. If we discontinue the Service in its entirety, we will provide you with advance notice and an opportunity to cancel your account.
7. RESTRICTIONS AND RESPONSIBILITIES
A. No Rights in Software
This is an Agreement for the Service and access to the Site, and you are not granted a license to any software by this Agreement and nothing on the Site shall be construed to confer any grant or license of any intellectual property rights, whether by estoppel, by implication, or otherwise. You will not, directly or indirectly, reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of, or found at or through the Site or the Service or any software, documentation, or data related to the Site or the Service (“Software”); remove any proprietary notices or labels from the Site or the Service or any Software; modify, translate, or create derivative works based on the Site or the Service or any Software; or copy, distribute, pledge, assign, or otherwise transfer or encumber rights to the Site or the Service or any Software. If you are using the Site or the Service in any jurisdiction which restricts the ability of a software provider to restrict your right to reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of the Site, the Software or the Service, then you hereby covenant that, prior to engaging in such activities, you will first request that we perform such work at our standard professional services rates. We can then decide either: (a) to perform the work in order to achieve such interoperability and charge our then standard rates for such work to you; (b) to permit you to reverse engineer parts of the Software in order to obtain such source code, but only to the extent necessary to achieve such interoperability; or (c) to provide you with the information that you need regarding the Software for the purpose for which applicable law permits you to engage in such activities despite a contractual prohibition on such activities.
B. Compliance with Laws
The Site and the Service shall only be used for lawful purposes and you shall use the Site and the Service only in compliance with this Agreement, and all applicable laws, including, without limitation all applicable anti-spam legislation and any other policies and laws related to unsolicited emails, spamming, privacy, obscenity, defamation and copyright and trademark infringement.
Although we have no obligation to monitor the content provided by you or your use of the Site or the Service, we may do so and may block any messages, remove any content or prohibit any use of the Site or the Service that we believe may be (or is alleged to be) in violation of the foregoing or any other provision of this Agreement.
8. THIRD-PARTY WEBSITES AND SERVICES
The Site may contain links to websites that are controlled by third parties and access to certain third-party services, which may include, without limitation, social bookmarking services and social network platforms (each, a “Third Party Service”). These links and services are provided to you as a convenience, and we are not affiliated with or responsible for the content, action or performance of any linked website or Third-Party Service and you use such websites or services at your own risk.
You agree to abide by the terms and conditions of any applicable Third Party Service. Notwithstanding anything set forth herein to the contrary, you will abide by this Agreement regardless of anything to the contrary in your agreement with any third party and you shall not use such Third Party Service to avoid the restrictions set forth in this Agreement.
We may terminate any Third Party Service’s ability to interact with the Site or the Service at any time, with or without notice, and in our sole discretion, with no liability to you or to the third party. Any Third Party Service may take actions to impact our ability to make available some or all of the features of the Site or the Service at any time, with or without notice, and we will not be liable to you or to the third party for any such actions. We accept no responsibility for reviewing changes or updates to, or the quality, content, policies, nature or reliability of, any Third Party Services.
9. USERNAME AND PASSWORD
You are responsible for maintaining the security of your Massago account and passwords. We will accept the instructions of any individual who claims to be authorized to direct changes to your Massago account so long as such person presents the account owner username and password or provides other appropriate account identifying information, as determined by us in our sole discretion, by email or by telephone, or through a Third Party Service, if any, through which you access the Site or the Service. You shall be solely responsible and liable for any activity that occurs under your username and we shall not be responsible for the actions of any individuals who misuse or misappropriate your contact lists or other assets using your username and password or other appropriate account identifying information. You agree to notify us immediately of any unauthorized use of your Massago account or any other breach of security.
10. DISCLAIMER OF WARRANTY
ALL CONTENT, PRODUCTS, AND SERVICES ON THE SITE, OR OBTAINED FROM A MASSAGO PROVIDER ARE PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY. MASSAGO DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR (A) THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE THROUGH A MASSAGO PROVIDER OR BY ANY PARTY OTHER THAN MASSAGO, (B) ANY CONTENT PROVIDED BY A MASSAGO PROVIDER OR ON LINKED SITES, OR (C) THE CAPABILITIES OR RELIABILITY OF ANY PRODUCT OR SERVICE OBTAINED FROM A MASSAGO PROVIDER OR A LINKED SITE.
OTHER THAN AS REQUIRED UNDER APPLICABLE CONSUMER PROTECTION LAW, UNDER NO CIRCUMSTANCE WILL MASSAGO BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A USER’S RELIANCE ON INFORMATION OBTAINED THROUGH THE SITE OR A MASSAGO PROVIDER, OR YOUR RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED FROM A MASSAGO PROVIDER OR FROM A LINKED SITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE OR OTHER CONTENT OBTAINED FROM A MASSAGO PROVIDER. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC OPINION, ADVICE, PRODUCT, SERVICE, OR OTHER CONTENT OBTAINED FROM A MASSAGO PROVIDER.
11. MEDICAL-RELATED DISCLAIMERS
THE CONTENT AND INFORMATION MADE AVAILABLE THROUGH THE SERVICE, INCLUDING MATERIALS, (COLLECTIVELY, THE “CONTENT”) ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY. NONE OF THE CONTENT MADE AVAILABLE THROUGH THE SERVICE SHOULD BE CONSTRUED AS PROFESSIONAL MEDICAL ADVICE OR CONSULTATION. THE CONTENT IS NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. BY USING THE SERVICE, YOU AGREE THAT YOU WILL NOT RELY ON THE SERVICE AS A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE AND THAT YOU WILL ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING MEDICAL MATTERS.
IN NO EVENT WILL A MEDICAL PROFESSIONAL/PATIENT RELATIONSHIP BE CREATED BY USING THE SERVICE. MASSAGO DOES NOT RECOMMEND OR ENDORSE ANY SPECIFIC TESTS, PRODUCTS, PROCEDURES, OPINIONS, OR OTHER INFORMATION THAT MAY BE MENTIONED ON THE SERVICE. YOU ACKNOWLEDGE AND AGREE THAT THE USE OF ANY INFORMATION PROVIDED BY MASSAGO OR OTHER USERS OF THE SERVICE IS SOLELY AT YOUR OWN RISK. THE SERVICE MAY CONTAIN HEALTH- OR MEDICAL-RELATED MATERIALS THAT SOME MAY CONSIDER EXPLICIT. IF YOU FIND THESE MATERIALS OFFENSIVE, YOU MAY NOT WANT TO USE THE SERVICE.
THE SERVICE IS CONTINUALLY UPDATED AND MASSAGO MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY OR COMPLETENESS. MASSAGO MAKES NO WARRANTY THAT THE INFORMATION AVAILABLE ON THE SERVICE INCLUDES THE MOST RECENT FINDINGS. YOU ACKNOWLEDGE THAT YOUR RELIANCE ON ANY INFORMATION PROVIDED BY THE SERVICE OR BY ANY MASSAGO PROVIDER TO YOU IS SOLELY AT YOUR OWN RISK AND YOU ASSUME FULL RESPONSIBILITY FOR ALL RISK ASSOCIATED THEREWITH, AS ALLOWABLE TO THE EXTENT OF THE LAW.
ALTHOUGH MASSAGO PROVIDES INFORMATION ABOUT VARIOUS MASSAGO PROVIDERS ON THE SERVICE, MASSAGO DOES NOT RECOMMEND ANY OF THE MASSAGO PROVIDERS AND DOES NOT PROVIDE THE TREATMENTS RENDERED BY SUCH MASSAGO PROVIDERS. MASSAGO MAY REQUEST COPIES OF MASSAGO PROVIDERS’ LICENSES AND OTHER BACKGROUND INFORMATION, BUT MASSAGO DOES NOT AND CANNOT GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY SUCH INFORMATION-GATHERING OR THAT A PARTICULAR MASSAGO PROVIDER IS QUALIFIED TO PERFORM ANY GIVEN TREATMENT. IT IS THE SOLE THE RESPONSIBILITY OF EACH MASSAGO MEMBER, AND NOT MASSAGO, TO DETERMINE WHETHER A GIVEN MASSAGO PROVIDER IS QUALIFIED AND CAPABLE OF PROVIDING TREATMENTS. YOU SHOULD EXERCISE COMMON SENSE AND CAUTION TO PROTECT YOUR AND OTHERS’ PERSONAL PROPERTY AND PERSONAL SAFETY. YOU AGREE THAT IT IS YOUR RESPONSIBILITY TO TAKE REASONABLE PRECAUTIONS IN ALL ACTIONS AND INTERACTIONS WITH ANY THIRD PARTY YOU INTERACT WITH IN OR THROUGH THE SERVICE.
12. LIMITATION OF LIABILITY
You waive and covenant not to assert any claims or allegations of any nature whatsoever against Massago, its affiliates, or their respective directors, officers, employees or agents arising out of or in any way relating to your use of the Site, the Service, any Treatments or any other materials contained in or accessible through the Site.
In no event shall the aggregate liability of Massago, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of the Site exceed any compensation you pay to Massago for the applicable Treatment.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT MASSAGO AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MASSAGO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM USE OF THE SITE, CONTENT, SERVICE OR ANY TREATMENTS.
You hereby release and forever discharge Massago, its affiliates, and their respective shareholders, directors, employees, agents, contractors, successors and assigns (collectively, “Releasees”) from any and all claims, liabilities, obligations, actions, causes of action, suits, debts, covenants, controversies, damages, judgments and demands whatsoever in law, equity or any kind, type, or description, whether known or unknown, disputed or undisputed, accrued or unaccrued, liquidated or contingent, foreseen or unforeseen, asserted or unasserted, related to or arising out of any dispute with, any harm or injury (including, without limitation, personal injury or damage to property) caused by, or any other act or failure to act by, any advertisers, sponsors, other users of this Site and any other third parties, including Massago Providers.
You agree that Massago has set its prices and entered into this Agreement in reliance upon the disclaimers of warranty and the limitations of liability set forth herein, that they reflect an allocation of risk between the parties (including the risk that a contract remedy may fail of its essential purpose and cause consequential loss), and that they form an essential basis of the bargain between the parties.
If your Massago account is classified (at our sole discretion) as inactive for over 120 days, we have the right to permanently delete any of your data which has been stored.
15. SURVIVAL OF TERMS
16. APPLICABLE LAW AND VENUE
The Site is controlled by Massago and operated by it from its offices in Aurora, Ontario. However, the Site is accessible in all Provinces of Canada and in other countries. You and Massago explicitly agree that all disputes, claims or other matters arising from or relating to your use of the Site will be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein.
To the extent arbitration as described in the immediately preceding paragraph is prohibited by applicable law, you agree that all Claims will be heard and resolved in a court of competent subject matter jurisdiction located in Toronto, Ontario. You consent to the personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objection to proceeding in such courts.
If you choose to access the Site from locations other than Ontario, you will be responsible for compliance with all local laws of such other jurisdiction and you agree to indemnify Massago for your failure to comply with any such laws.
18. QUESTIONS AND COMMENTS
455 Magna Drive.
Aurora, Ontario. L4G 7A9
By email: email@example.com
Last updated: March 7, 2016