CUSTOMER TERMS OF USE
The Europe Asia Empire Company Limited ("No.1 Service," "we," or "us"), with its address at No.636, Waizayantar Road, Ward No. (4), South Okkalarpa Township, Yangon, Myanmar ("No.1 Service," "we," or "us"), is the partner of the No.1 Service App and Website (each as defined below), and these terms of use (the "Agreement") govern use and access to those platforms.
Customers who wish to use the No.1 Service App and/or Website to engage service professionals (referred to collectively as "Professional/s" or individually as "Professional/s") who wish to provide Professional Services (as defined herein) to You using the No.1 Service Platform are required to enter into this Agreement with No.1 Service (referred to individually as a "Party" or collectively as the "Parties") (as defined hereinafter). You must cease using the No. 1 Service Platform right once if you do not agree to accept and be governed by this Agreement. You acknowledge and agree to be bound by this Agreement by using the No. 1 Service Platform or any part thereof.
PLEASE CAREFULLY AND THOROUGHLY READ THIS AGREEMENT.
If not otherwise specified in the body of this Agreement, capitalized words used herein shall have the meanings ascribed to them in Exhibit A.
Very important information about your rights and obligations, as well as conditions, limitations, and exclusions that may apply to you, are contained in this agreement. Please carefully read it. A dispute under these terms must be resolved individually; a class, consolidated, or representative proceeding is not permitted. You agree to be bound by these terms and conditions and accept them by using the No. 1 Service platform.
THE PARTIES AGREE TO THE FOLLOWING:
PART 1: GENERAL
The terms of this Agreement are a binding contract between No. 1 Service and the Customer. The No. 1 Service Platform as a whole, including the classified ads, forums, various email functions, and internet links, as well as all content, functionality, and No. 1 Service services accessible through the No. 1 Service domain and sub-domains located at www.no1serviceapp.com (collectively referred to herein as the "Website") are governed by the terms and conditions outlined in this Agreement (collectively "Services"). You acknowledge that you have also read the Privacy Policy, which is applicable to all users of the No.1 Service Platform and includes users who post video content, information, private and public messages, advertisements, and other materials on the No.1 Service Platform, and is accessible through the links https://www.no1serviceapp.com/privacy-policy/ and "Privacy" on the Website.
By using, visiting, registering for, or otherwise taking part in this Website or the No. 1 Service App, including by using any services presented, promoted, and displayed on the No. 1 Service Platform, and/or by clicking on "I have read and agree," you acknowledge that the No. 1 Service Platform serves as a venue for the online distribution and publication of information submitted and exchanged between Customers and Professionals, bookings for Professional Services. Additionally, you affirm and guarantee that (a) you are at least 18 years old or the applicable jurisdiction's age of majority, whichever is higher, and are fully able and competent to enter into and comply with this Agreement, and (b) you are entering into this agreement in your individual, personal capacity and not on behalf of any organization or entity.
PART 2: GENERAL TERMS
No.1 Service's Role and Use of No.1 Service's Services
Customers of No. 1 Service can access services through the No. 1 Service app and website. The Customer acknowledges that No.1 Service is a technology services partner and is not providing the Professional Services, even though No.1 Service assists in the transaction facilitation for transactions made on the No.1 Service App and/or Website. Independent third parties who are not employees of No. 1 Service or any of its Affiliates perform the professional services. The Customer and the Professional are the only parties to any contractual agreements that are fulfilled at the conclusion or delivery of services by a Professional. By accepting this Agreement, the Customer acknowledges that by using No. 1 Service services, the Customer will be able to connect with Professionals and obtain Professional Services via the No. 1 Service Platform.
Account Creation
The Customer shall directly engage Professionals for Professional Services through the No. 1 Service Platform. The Customer is required to create an online account on the No. 1 Service Platform and submit the necessary information for Exhibit promptly ("Registration Data"). To register themselves, the Customer must provide the Registration Data. The customer guarantees that the registration data provided will be accurate, truthful, and genuine. No. 1 Service will establish an account in the name and data given by the Customer upon receipt of the Registration Data (the "Account"). The Customer is entirely accountable for the secrecy of their login information and any misuse of it.
The customer promises to keep the information associated with their account, including their login credentials, secure. They also accept responsibility for any unauthorized activity that takes place in connection with their account.
The Customer undertakes to use the No. 1 Service Platform only in compliance with this Agreement and all Applicable Laws, and not for any illegal or unlawful purposes. Any intentional or negligent usage of the No. 1 Service Platform, whether via the Account or otherwise, shall be the entire responsibility of the Customer.
Under no circumstances will the Customer let any unauthorized third party to access the No. 1 Service Platform, and the Customer shall not divulge the login information for his or her Account to any unauthorized third party. The Customer shall always abide by any security guidelines for using the No.1 Service Platform (including any guidelines for confirming the Customer's identity) that No.1 Service may from time to time notify the Customer of in writing. The customer promises to notify No. 1 Service right once of any real or suspected violations of the security measures imposed by the No. 1 Service Platform, as well as any unauthorized use or disclosure of the customers' login information.
Devices and Communications
The Customer must use an electronic device (such as a smartphone, PC, or handheld device) to register on the No.1 Service Platform. For the No.1 Service App to function as optimally as possible, this device must have a functional mobile number, the ability to receive Short Message Service (SMS) text messages, and the ability to receive push notifications from No.1 Service (the "Device").
To guarantee that access to the No.1 Service Platform through the Device is immediately denied, suspended, or deactivated so that the Device can no longer be used to access the No.1 Service Platform, the Customer must notify No.1 Service as soon as they become aware of the loss or theft of the Device. To prevent any confusion, No.1 Service may only restrict access to the No.1 Service Platform from the Device; it cannot block, suspend, or deactivate the Device itself.
The Customer understands that No.1 Service may monitor and/or record those communications for quality assurance, customer satisfaction, and other purposes when we communicate with a Professional on your behalf via the No.1 Service Platform or when we otherwise communicate with or for You, and the Customer consents to such monitoring and recording. When you provide No. 1 Service your device number, you understand and consent to the possibility of receiving calls and messages from us concerning your use of the No. 1 Service Platform, other No. 1 Service goods and services, or your connections to Professionals. Order confirmation messages and delivery notifications are just a few examples of the transactional calls or texts that may be sent utilizing an automated calling system and/or prerecorded or fake voice.
No.1 Service could ask for your permission to send your Device number marketing calls or texts. Such marketing calls or messages may use an automated dialing system and/or a prerecorded or artificial voice, and they may include information on services, discounts, specials, or other promotions offered to you by No. 1 Service. You will never be needed to provide your permission to receive such marketing calls or texts in order to complete a transaction, and you may choose not to receive any more of these calls or texts by texting the word STOP or by speaking with a representative from our call centre. These calls or messages can be subject to message and data fees.
Service Requests
The No. 1 Service links customers looking for services with professionals who can provide those services.
Customers may submit requests for professional services through the website. Once a service request is submitted, No. 1 Service will distribute it to the professionals who are available, according to their availability and its own internal allocation procedures.
Depending on the Professionals' accessibility for the needed location at the specified time, the Service Request could be approved.
Your request is subject to a Professional's approval. No.1 Service will notify the Customer through an SMS, push notification, or confirmation page in the No.1 Service App/Website after a Professional has accepted the Service Request. No. 1 Service will tell the Customer in the same way if there is no Professional available to accept the Service Request.
The No. 1 Service Platform shall provide the following services, in accordance with the terms of this Agreement and an applicable law: accepting service requests subject to the terms herein; identifying professionals to provide professional services; remotely monitoring the start and end of service requests using the No. 1 Service Platform; receiving and handling feedback, questions, and complaints relating to service requests; and providing customer support for grievances.
Following the acceptance of a Service Request, No. 1 Service may: (1) provide the Customer with a booking confirmation through the No. 1 Service Platform; (2) provide the Professional with information regarding the Customer, including the services requested and the location; and (3) provide the Professional with any other details the Professional deems appropriate.
The Customer should contact the Professional through the No.1 Service Platform, or by contacting No.1 Service via in-App support or at its call centre, if available, if there is any delay despite the fact that No.1 Service requests all Professionals to use reasonable efforts to arrive before the requested service time slot.
The Customer acknowledges that the acceptance and fulfillment of a Service Request, following its allocation to the Professional on the No. 1 Service Platform in accordance with the aforementioned description, will result in an independent Professional Services contract between the Professional and the Customer. The Customer consents that after accepting the service request, No. 1 Service may give the professional the service location, customer's mobile phone number, customer rating, and any other information necessary to improve and facilitate the professional's direct delivery of professional services to the customer and to identify the customer.
After the Professional receives a Service Request, No. 1 Service will provide the Professional the appropriate Customer information so that the Professional may deliver the Professional Services to the Customer directly.
The Customer must promptly get in touch with No.1 Service's customer service to cancel or postpone an assigned Service Request, or the Customer may do so through the No.1 Service Platform. However, in line with No. 1 Service's Cancellation Policy, such cancellations or rescheduling may be subject to relevant cancellation fees.
The No. 1 Service Cancellation Policy, as set out in this document or as amended from time to time on the No. 1 Service Platform, will apply to the reimbursement of any payments made by You towards the booking of the Professional Services.
Any services cancelled before delivery will be repaid less any applicable cancellation fees that were disclosed to the customer at the time of cancellation. Europe Asia Empire Company Limited has the right to make any refunds after the delivery of the services.
Contact No.1 Service customer service or send an email to [email protected] if the customer needs any help with the No.1 Service Platform or any Service Requests.
The Professional and the Customer will be the only parties to the contract for the Professional Services. No. 1 Service and its affiliates shall never be held responsible or liable for any professional services agreements between a professional and a customer.
Customer's Representations
The Customer agrees to act in a way that complies with all applicable laws, is polite and respectful, and provides professionals with a secure setting in which to perform their professional services.
The customer acknowledges that it will be solely accountable for (a) ensuring its own security and that of the Professionals working with it; (b) refraining from engaging in or encouraging others to engage in any unlawful, immoral, or illegal activity; and (c) any unauthorized use of the customer's login information for the No. 1 Service App or Website, and/or the unauthorized use of the No. 1 Service App or Website while using the No. 1 Service App or Website.
The Professional has agreed to appoint No.1 Service as its limited payment collection agent to communicate such fees and charges to the Customer. No.1 Service and the Professional are authorized to charge a No.1 Service Commission, Service Fee, and other applicable charges for the No.1 Service Platform and Professional Services as set out herein. The Customer grants No. 1 Service permission to determine the No. 1 Service Commission and Service Fee/Total Fee in line with its internal procedures and the Applicable Laws. If the suggested Service Fee is unacceptable to the Customer, the Customer may get in touch with No. 1 Service (as described here), but by using the No. 1 Service Platform and Professional Services, the Customer agrees to the No. 1 Service Commission, the Service Fee/Total Fee, and any other applicable fees that are communicated to the Customer on behalf of the Professional.
The Customer may have the choice to rate and comment on the Professional on the No. 1 Service Platform after the completion of each work, if the No. 1 Service Platform enables it in the applicable jurisdiction. The Customer consents that the Professional may also be given the chance to rate and comment on the Customer. Any such feedback shall at all times be in accordance with the terms of this Agreement and the Respective Laws of the necessary jurisdiction, including, where applicable, the disclosure of any substantial relationship between the Customer and the Professional.
No Discrimination
No.1 Service forbids discrimination against Professionals based on age, marital status, gender identity, race, religion, national origin, handicap, sexual orientation, sex, or any other factor that may be protected under applicable laws. Such discrimination covers any denial of Professional Services based on one of these traits, but is not limited to it. If it is discovered that you have broken this rule. Your Account will be closed, and you will no longer have access to the No. 1 Service Platform.
No.1 Service's Obligations
Except as expressly stated in this Agreement, No. 1 Service or its Affiliates' obligations include, but are not limited to: (a) managing and operating the No. 1 Service Platform and, through said No. 1 Service Platform, enabling the Customer to contract directly with Professionals for Professional Services in connection with those Professionals' independent businesses of providing Professional Services; and (b) serving as a platform for the Customer to do so.
Payment Policies
- The customer acknowledges and accepts that Exhibit C's payment terms shall govern the settlement and payment of any payments made between the customer and No. 1 Service.
- Customer appoints No. 1 Service as its agent to collect the Service Fees/Total Fee (as applicable and specified herein) and acknowledges that No. 1 Service acts in this capacity as a limited payment collection agent on behalf of the Professionals. The Customer also designates No. 1 Service as its agent where necessary to otherwise collect the amounts owed to No. 1 Service by the Customer, including the No. 1 Service Commission.
- No. 1 Service shall make commercially reasonable steps to resolve any payment-related disagreements between the Customer and Professionals at the Customer's request. The Customer may give any relevant data and information to No.1 Service in the event of a dispute, either at No.1 Service's request or on its own behalf. Despite the aforementioned, the Customer shall be solely responsible for directly resolving any disputes or complaints arising between Customer and the Professional with regard to the performance, failure to adequately perform, or other issues arising out of or in connection with the Professional Services, as further described in the "Disputes with Customer" section below.
Confidentiality
The Customer may have gained access to No. 1 Service's confidential information or may do so in the future. Aside from what is expressly permitted by this Agreement, the Customer is required to: (a) maintain the confidentiality of all Confidential Information; (b) not use, reveal, or disclose Confidential Information to anyone else; (c) not remove, reproduce, summarize, or copy any Confidential Information; and (d) not sell or disclose the Confidential Information to any third party without No.1 Service's prior written consent.
Without limiting the aforementioned, the Customer is forbidden from copying, downloading, or extracting any Confidential Information from the No. 1 Service Platform without first obtaining the company's prior written approval.
Despite the aforementioned confidentiality obligations, the Customer is not subject to criminal or civil liability under any state or division trade secret laws for disclosing a trade secret to a division, state, or local government official, directly or indirectly, or to an attorney, solely for the purpose of reporting or looking into a potential legal violation; or (b) in a complaint or other legal proceeding. This is in accordance with Myanmar Law.
Privacy
Personal data is stored and processed by No.1 Service and its Affiliates in compliance with this Agreement, the Privacy Policy, and any applicable laws. For more information on how No. 1 Service and its Affiliates keep and handle personal data, please consult the Privacy Policy.
Intellectual Property Rights
The No.1 Service, its Affiliates, and/or its third-party licensors ("No.1 Service IP") retain ownership of all intellectual property rights in the No.1 Service services, No.1 Service Platform, and confidential information disclosed or made accessible by No.1 Service. Nothing in this Agreement provides the Customer any rights in or relating to the No.1 Service IP, and No.1 Service reserves all rights not explicitly given to the Customer.
The Customer is not permitted to: (a) copy, reproduce, modify, create derivative works of, or attempt to derive the composition, underlying information, structure, or ideas of any No.1 Service IP; (b) reverse engineer, decompile, or otherwise attempt to obtain the source code to any software in the No.1 Service Platform (except to the limited extent that the Customer is not prohibited from doing so by Applicable Law); (c) breach, disable, tamper with, or create or use (or) Despite what is stated above, the following still apply: (a) the customer's computer may temporarily store copies of such materials in RAM incident to the customer accessing and viewing those materials; (b) the customer may store files that are automatically cached by your web browser for display enhancement purposes; and (c) the customer may print or download one copy of a reasonable number of pages from the website for the customer's own personal, non-commercial use and not for the benefit of any third party.
No.1 Service offers the Customer a limited, revocable, non-exclusive, personal, nontransferable license (without the right to sub-license) to use and access the No.1 Service Platform only in order to get Professional Services, according to the conditions of this Agreement (including for facilitating the communication and collection of applicable amounts due).
No.1 Service may monitor how the Customer and other users use the No.1 Service Platform and gather and create Aggregated Statistics, notwithstanding anything to the contrary in this Agreement. As between No.1 Service and the Customer, No.1 Service alone owns and retains all right, title, and interest in the Aggregated Statistics as well as any associated intellectual property rights. The Customer understands that No.1 Service may create aggregate statistics using information entered by or on behalf of the Customer into the No.1 Service Platform. The Customer agrees that No.1 Service may use Aggregated Statistics to the extent and in the manner authorized by Applicable Law and I make Aggregated Statistics publicly accessible in accordance with Applicable Law.
Customer Content
Any notes, messages, emails, postings, photos, drawings, profiles, opinions, ideas, images, videos, audio files, or other materials or information submitted by or on behalf of the Customer and posted or transmitted through the No. 1 Service Platform are solely their responsibility ("Customer Content").
Any Customer Content shall not be regarded as proprietary or confidential information. The Customer grants No.1 Service and its Affiliates and service partners, and each of their respective licensees, successors, and assigns, the right to use, reproduce, modify, perform, publicly display, distribute, and otherwise disclose to third parties any Customer Content on the No.1 Service Platform for any purpose. The Customer represents and warrants that it has the authority to grant the aforementioned license, that it owns or otherwise controls all of the rights to the Customer Content, and that all Customer Content complies with this Agreement. Such Customer Content must adhere to all applicable laws, according to the Customer.
Without limiting the aforementioned, Customer Content may not: (a) contain any content that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable; (b) encourage violence, sexually explicit or pornographic material, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age; (c) violate any Intellectual Property Rights or other rights of any other person; (d) In its sole discretion, No.1 Service has the right to: (a) remove or refuse to post any Customer Content; (b) take any other action regarding any Customer Content that No.1 Service deems necessary or appropriate, including if No.1 Service believes that such Customer Content violates this Agreement, infringes any Intellectual Property Rights or other rights of any person or entity, threatens the personal safety of any person, or (c) Without limiting the aforementioned, No.1 Service reserves the right to abide by any court order or request from law enforcement agencies requesting or directing No.1 Service to reveal the identity of or other information about anyone posting any materials on or through the No.1 Service Platform. The customer releases and indemnifies No. 1 Service, its affiliates, licensees, and service partners from any claims resulting from any actions taken by any of the aforementioned parties during or as a result of investigations by either such parties or law enforcement authorities.
Before content is placed on the No. 1 Service Platform, No. 1 Service cannot evaluate it, and it also cannot guarantee the rapid removal of anything that is inappropriate once it has been posted. Because of this, No.1 Service disclaims all responsibility for any action or inaction with respect to transmissions, communications, or material supplied by any user or third party. No.1 Service is not liable or accountable to anybody for the performance or failure to execute the actions outlined in this section.
Copyright Infringement
Please check our Copyright Policy under Exhibit E for details on how to email us a notification of copyright infringement if you think any user material infringes on your rights. No.1 Service has a policy of cancelling user accounts for repeat infringers.
PART 3: ADDITIONAL TERMS
Acceptance of Services through the No.1 Service Platform
The Customer acknowledges and agrees that when using the No. 1 Service Platform to book Service Requests, it will: abide by all applicable laws; refrain from engaging in any wrongdoing, dishonesty, or unethical business practices, including inappropriate behavior with a Professional; refrain from using false identification through the use of telephone, text (SMS), email, or other means; and refrain from making any representations, promises, guarantees, or warranties on behalf of No. 1 Service.
The Customer must not indicate that it gets services from No.1 Service if the Customer's account with No.1 Service is inactive, suspended, or cancelled.
User Information
The customer may get personal data on professionals who consent to provide professional services for them from No. 1 Service. The Customer agrees that it will not disclose, rent, sell, or otherwise make such information available to any third parties without No. 1 Service's and the Professional's prior written consent; it will not use such personal information except as necessary to obtain the products or services; it will always comply with applicable laws; and it will ensure that such Professional's data will not be used for any other purposes, including but not limited to marketing purposes.
Disputes with Customer
If No. 1 Service tries to facilitate the settlement of any customer complaint or disagreement between the customer and a Professional in regard to a Service Request, the customer will assist No. 1 Service in doing so. Despite the aforementioned, Customer is solely responsible for directly resolving any disputes or complaints arising between Customer and the Professional with regard to the performance, failure to adequately perform, or other issues arising out of or in connection with the Professional Servicing, except to the limited extent as otherwise expressly provided in paragraph 3 of the "Payment Terms" section above.
No.1 Service will never be held responsible to the customer or any other party for how (or not) such a situation is resolved. Customer agrees to reimburse No.1 Service for any such payments and any costs, expenses, or attorney fees that No.1 Service incurs in connection with any such dispute or complaint. No.1 Service reserves the right to charge or otherwise seek reimbursement from the Customer for any amounts No.1 Service pays to a Professional in connection with any such dispute or complaint, including disputes or complaints regarding the Customer's conduct or misrepresentation.
The customer acknowledges that No. 1 Service is free to provide any information it has about the customer to any authorities that ask for details about any goods, services, or recommendations the customer may have received.
Informational Requests
The Customer is aware that No. 1 Service may sometimes ask for information on the No. 1 Service Platform, the rendering and completion of services, and to check on the Customer's connection to a Professional. The Customer understands that No. 1 Service and the Professionals retain the right not to offer services (including but not limited to the Professional Services) to the Customer if the Customer refuses to give required information or consents. The Customer undertakes to tell No.1 Service right away if any of the information the Customer has submitted to No.1 Service, or any other pertinent information about the Customer, has changed.
Misconduct
In the event that the customer damages property while using professional services, No. 1 Service may charge the customer. Depending on the kind of damage and how severe it is, No. 1 Service will decide the cost of any such fee. In addition, the Customer is responsible for paying No. 1 Service and third parties for any expenses, losses, and other sums resulting from or connected to the Customer's theft, fraud, willful property damage, or other willful misconduct.
You should have no expectation of privacy in any activities on the No. 1 Service Platform or through the Services because we reserve the right, but we are not required to: monitor, screen, or otherwise access any activity, content, or material on the No. 1 Service Platform and/or through the Services; in our sole and absolute discretion, investigate any violation of the Agreement and take any action we deem appropriate; prevent or restrict access of any Professional.
Indemnities
The Customer shall indemnify, defend, and keep harmless (and shall continue to indemnify, defend, and hold harmless) to the fullest extent authorized by Applicable Laws. From and against any losses, damages, liability, claims, costs, penalty, and expenses (including, legal and court fees) incurred by Those Indemnified arising out of or in connection with any: breach or alleged breach by the Customer of any terms or conditions of this Agreement; breach or alleged breach by the Customer of any Applicable Law;
Warranty Disclaimers
TO THE FULLEST EXTENT PERMITTED BY LAW, THIS AGREEMENT IS EXCLUDED OF ANY EXPRESS OR IMPLIED GUARANTEES, WARRANTIES, REPRESENTATIONS, OR OTHER TERMS AND CONDITIONS RELATING TO THIS AGREEMENT OR ITS SUBJECT MATTER. To the fullest extent permitted by law, No. 1 Service makes no representation, guarantee, or warranty to the customer of any kind, whether express, implied, or statutory, including with respect to: (A) THE CONDITION, SUITABILITY OR QUALITY OF THE NO. 1 SERVICE PLATFORM, SERVICES (INCLUDING BUT NOT LIMITED TO THE PROFESSIONAL SERVICES), AND ALL OTHER FUNCTIONALITY, TECHNOLOGY, PRODUCTS OR SERVICES PROVIDED OR MADE AVAIL NO. 1 SERVICE STRIDES FOR THE HIGHEST LEVEL OF ACCURACY. However, NO.1 Service DISCLAIMS ANY WARRANTY AS TO THE ACCURACY, COMPLETENESS, RELIABILITY, CURRENTNESS, OR ERROR-FREE LIABILITY OF ANY PRODUCT OR SERVICE DESCRIPTIONS OR OTHER CONTENT OF ANY PROFESSIONAL OR PROFESSIONAL SERVICE.
Liability
The customer promises to keep No. 1 Service and its Affiliates blameless from and free from the responsibility for any liability, loss, or damage that may come out of the professional services, to the fullest extent permitted by applicable laws. No.1 Service disclaims all liability for any delay, claim, injury, or damage resulting from any Professional Services and will not be held accountable for the actions of any No.1 Service Platform user, Customer, or Professional, whether such actions take place online or off.
No.1 Service and its affiliates are not responsible for the deeds of third parties over whom they have no control.
The Customer acknowledges that it is solely responsible for all claims for damage or injury to persons or property caused by the Customer, as well as (a) any accidents, incidents, and problems related to the condition of the premises where the Professional Services are sought, (b) claims for Customer-caused damage or injury to persons or property, (c) Customer's violation of any Applicable Laws, and (d) Customer's failure to comply with this Agreement. No.1 Service will not be responsible for any such mishaps, occurrences, problems, violations, fees, or expenditures. As a normal person would when engaging with somebody they don't know, the customer should use prudence and common sense to safeguard their personal safety and property.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO.1 SERVICE AND ITS SUCCESSORS, ASSIGNS, AFFILIATES, LICENSORS, SERVICE PARTNERS, MEMBERS, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, AND MANAGERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE
To the fullest extent permitted by applicable law, No. 1 Service and its successors, assigns, affiliates, licensors, service partners, members, employees, agents, officers, directors, and managers shall not be liable for any damages, liabilities, or losses arising out of any transaction or relationship between the customer and any professional, even if U has obtained the services of such professional.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COLLECTIVE LIABILITY OF NO.1 SERVICE AND ITS SUCCESSORS, ASSIGNS, AFFILIATES, LICENSORS, SERVICE PARTNERS, MEMBERS, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, AND MANAGERS TO YOU, FOR ANY AND ALL DAMAGES, LOSSES, AND This agreement makes no attempt to restrict liability or modify the customer's legal consumer rights that cannot be excluded. A LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES MAY NOT BE EXCLUDED OR LIMITED IN CERTAIN STATES OR JURISDICTIONS, SO IN SUCH STATES OR JURISDICTIONS, NO.1 SERVICE'S LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW. THIS PROVISION SHALL NOT AFFECT THE CHOICE OF LAW PROVISION OF NO.1 SERVICE SET FORTH BELOW.
Termination
By giving No.1 Service notice, the Customer may end this Agreement at any time.
No.1 Service may immediately terminate this Agreement by giving the Customer notice: When this Agreement is terminated for any reason, the following things will happen: (a) the Customer's rights to use the No.1 Service Platform and Services will immediately end, the registration with No.1 Service and the Account will be cancelled, and (b) No.1 Service or No.1 Service's Affiliate interests will be protected in the event the Customer engages in inappropriate acts or omissions.
Confidentiality, privacy, intellectual property rights, misbehavior, indemnities, warranty disclaimers, liability, termination, governing law and forum, and class action waiver are just a few of the clauses that will continue to apply even after this agreement is terminated.
Any rights the Parties may have amassed before to the termination of this Agreement will not be affected by its termination.
Notices
The following addresses shall be used for any written notices, requests, and other communications under this Agreement (as updated from time to time by the receiving Party by notice to the other Party): To No.1 Service to: [email protected] via email
To the customer: Via email or SMS to the cellphone number or email address (as appropriate) listed in the account, or by contacting the No. 1 Service App or Website.
Entire Agreement and Precedence
All prior communications (whether oral or written) between the Parties with regard to the subject matter of this Agreement are superseded and replaced by this Agreement, the Exhibits, and any policies referred to throughout as the complete agreement between the Parties. Neither Party has relied on any representation that is not specifically stated in this Agreement, nor will they have any recourse in that regard. The liability of any Party for fraudulent misrepresentation is not limited by anything in this section.
Relationship between Parties
By giving the Customer access to the No.1 Service Platform under the terms of this Agreement, No.1 Service performs the role of a technical service partner. No clause in this Agreement should be read as establishing a working relationship between the Customer and No. 1 Service at any point in time, under any set of circumstances, or for any purpose. Nothing in this Agreement will make the Customer a partner or agent of No. 1 Service, and the Customer may not represent themselves in any way as such. The Customer acknowledges and agrees that the Professionals are not employees of No. 1 Service or its Affiliates and are not its agents, and that the Professionals' provision of Professional Services to the Customer establishes a direct business relationship between the Customer and the Professional. The Customer also agrees that No. 1 Service or No. 1 Service Affiliates are not responsible or liable for the actions or inactions of a Customer with regard to the Customer activities. The Customer shall not assume or create any duty or liability, explicit or implied, on behalf of or in the name of No. 1 Service or its Affiliates, and recognizes and accepts that they do not have the power to do so.
Governing Law and Forum
The laws of the state in which You live will govern this Agreement and all issues pertaining to it, as well as any controversy or claim arising out of or relating to it (including, in each event, noncontractual disputes or claims). You agree to initially get in touch with us at [email protected] if an issue arising under this Agreement. You and I may decide to settle the argument amicably. Any legal suit, action, or procedure arising out of, or connected to, this Agreement shall be brought only in the myanmar courts of Myanmar or the courts of the state in which You live, if any disagreement cannot be settled amicably.
Class Action Waiver
In relation to a claim, YOU AND NO.1 SERVICE AGREE TO WAIVE ANY RIGHTS TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION. ALL CLAIMS, DISPUTES, OR CONTROVERSIES (WHETHER IN CONTRACT, TORT, OR OTHERWISE, PRE-EXISTING, CURRENT, OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE, AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY You thus expressly agree to refrain from bringing or joining any claims in any representative or class-wide capacity, including, but not limited to, in any class action or class-wide arbitration. As a result, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER YOU NOR NO.1 SERVICE WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER, OR IN A RE
Amendments to this Agreement
No.1 Service reserves the right, in its sole and absolute discretion, at any time, with or without prior notice, to change, modify, add to, supplement, or delete any of the terms and conditions of this Agreement, the Privacy Policy, or other applicable policies/terms being issued by No.1 Service, whether generally or specifically with regard to a service or a benefit. When we publish a modification, it takes effect right away and is applicable to all future accesses and uses of the No. 1 Service Platform and any affiliated services. Any modifications to the dispute resolution clauses in the "Governing Law and Forum" and "Class Action Waiver" sections, however, will not be applicable to any disputes for which the Parties receive actual notice on or before the day the modification is posted on the No. 1 Service Platform. You must immediately cease using the No. 1 Service Platform and cancel your Account if any upcoming modifications to this Agreement make you uncomfortable or force you to break this Agreement. After any adjustment to this Agreement is posted, if you continue to use the No. 1 Service Platform, it is considered that you have fully and irrevocably accepted any changes. You must often visit the Website and the App to be informed of changes since they affect you.
PART 4: MISCELLANEOUS
No.1 Service may occasionally upgrade, modify, suspend, or discontinue the provision of, or remove, whether in whole or in part, the No.1 Service Platform or any Services at its sole discretion and without providing a reason or prior notice. No.1 Service shall not be liable if any such upgrade, modification, suspension, or removal prevents You from accessing the No.1 Service Platform or any portion of the Services.
Assignment: Without No. 1 Service's prior written approval, the Customer is not permitted to assign or transfer any of its rights, interests, or obligations under this Agreement to any other person. No.1 Service is free to outsource any of its responsibilities under this Agreement or transfer its rights and interests to anybody it chooses.
Force Major: Any delay in or failure to perform any obligations by either Party under this Agreement will not be considered a breach of this Agreement to the extent caused by acts or orders of any governmental authorities, acts of God, fire, flood, explosion, epidemic, pandemic, riots, war, rebellion, or other event outside of that Party's reasonable control.
Waiver: Notwithstanding anything to the contrary contained in this Agreement, each Party may exercise any right, power, or remedy in its sole discretion, either independently or in conjunction with another right, power, or remedy. No failure or delay on the part of either Party in exercising any right, power, or privilege under this Agreement shall constitute a waiver of such right, power, or privilege, nor shall any single or partial exercise of such right, power, or privilege preclude any other or further exercise of such right, power, or privilege by such Party, or the exercise of any other rights, powers, or privileges.
Sever ability: If any provision of this Agreement is determined to be invalid, unlawful, or unenforceable for any reason by a court or other tribunal of competent jurisdiction, such provision shall be eliminated or limited to the least amount necessary so that the remaining provisions of this Agreement will remain in full force and effect.
The rights, powers, and remedies of a Party under this Agreement are cumulative and in addition to, and do not exclude or limit, any right, power, or remedy in any other part of this Agreement or otherwise provided at law or in equity, subject to any express provision in this Agreement to the contrary.
There are no third-party beneficiaries: Nothing in this Agreement, express or implied, is intended to or shall grant to any other person any legal or equitable right, benefit, or remedy of any kind under or by reason of this Agreement, and it is only for the benefit of the Parties hereto and each of their respective successors and permitted assigns.
EXHIBIT A: DEFINITIONS AND INTERPRETATION
DEFINITIONS
The definitions stated below are applicable to the following capitalized words used in this Agreement. Other words with capital letters shall have the definitions ascribed to them in the Agreement's main body.
- Affiliates are defined as "entities that, directly or indirectly, control, are under the control of, or are in common control with, a party, where control is defined as 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 its wishes, or the right to receive the major benefits of such control."
- In order to prevent the Customer or another user from being identified from such data and information, data and information related to the Customer's and other users' use of the No. 1 Service Platform and services have been aggregated and/or anonymized. This includes, but is not limited to, compiling statistical and performance data regarding the provision and operation of the No. 1 Service Platform and services.
- All laws that apply to a Party are referred to as "Applicable Laws," and this includes common law principles, equity principles, statutes, regulations, proclamations, ordinances, by-laws, rules, statutory rules of an industry body, statutory and mandatory codes or guidelines or the like, as well as writs, orders, injunctions, and judgements that may be applicable at any given time.
- "Confidential information" refers to any information of any kind that belongs to No.1 Service, its Affiliates, or third-party licensors and that is disclosed or revealed by or on behalf of No.1 Service (or accessed by the Customer) under or in connection with this Agreement and that is marked as confidential, is by its nature confidential, or is disclosed before or after the commencement of this Agreement. "Confidential Information" excludes information that is (a) published or otherwise entered the public domain without a violation of this Agreement; (b) obtained from a third party who is not under a confidentiality obligation to No.1 Service, its Affiliates, or third-party licensors; or (c) independently developed without a violation of this Agreement, with the exception that despite the aforementioned, information about Professionals made available by No.1 Service or its Affiliates is still considered confidential information
- All rights, titles, and interests (whether legal, equitable, or otherwise) in and to copyright, rights in databases, patents, trademarks, service marks, designs, get-ups, logos, rights in goodwill, compilations, inventions, know-how, confidential information, trade secrets, trade names, business names, domain names, and semi-conductor topography rights (including future and contingent rights, rights to claim damages for prior infringement) are collectively referred to as intellectual property rights.
- The then-current privacy policy for No. 1 Service, as updated from time to time and made accessible on the website and/or the No. 1 Service app, is referred to as the "Privacy Policy." The different professional services provided to a Customer by a Professional and chosen by the Customer via the No. 1 Service Platform are referred to as "Professional Services" in this context.
- The term "Service Fee" refers to the service fees that the professional charges the customer for professional services and that No. 1 Service collects on the professional's behalf. A "Service Request" is a request made by a Customer on the No. 1 Service Platform to use Professional Services made available by a Professional through the No. 1 Service Platform. The term "Total Fee" refers to the Service Fee plus any other fees and costs (such as taxes, duties, and/or cancellation fees, as appropriate) shown on the No. 1 Service Platform as being owed by the Customer for the Professional Services. The term "No.1 Service App" refers to the digital user interface via which the Account may be accessed on smartphones, tablets, and wearables, giving customers access to the No.1 Service Platform. The customer shall establish and maintain the login information (user ID and password) for.
- The commission paid to a Customer for hiring a Professional to offer Professional Services is referred to as the "No. 1 Service Commission" and is what the Customer agreed to when submitting a Service Request.
- The No. 1 Service App, the No. 1 Service Website, any associated software, loyalty programmes, mobile applications owned (or licensed to and controlled by No. 1 Service or its Affiliates), and any other URLs and/or digital technology platform that enables Customer to directly contract for Professional Services with Professionals are collectively referred to as the "No. 1 Service Platform" as may be specified from time to time by No. 1 Service or its Affiliates.
INTERPRETATION
Words that are gender-neutral or specific to a gender include all genders, unless otherwise stated. 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. The words "such as," "for example," "including," "particularly," and "similarly" have corresponding meanings. Any reference to any law or to any part of it includes all bylaws, regulations, rules, and other statutory instruments issued in accordance with it; any reference to this agreement or to any other agreement, policy, document, or instrument (or a provision of the same) includes this agreement or such other agreement, policy, document, or instrument as amended, notice, supplemented, varied, or replaced from time to time;
Anything (including a right, obligation, or concept) includes each part of it; 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; a Party includes that Party's executors, administrators, successors, and permitted substitutes and assigns, including any person taking by way of novation; and If a period of time is calculated from a specific 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. No rule of construction applies to the detriment of a Party because that Party was responsible for the preparation of this Agreement or any part of it. All amounts quoted or otherwise referenced in this Agreement are in Myanmar Kyats.
EXHIBIT B: REGISTRATION DATA
- Name
- Mobile Number
- Gender
- Address
- Other information as reasonably required by No.1 Service
NOTES: No.1 Service reserves the right to modify or waive any of the aforementioned needed information in line with internal rules or Applicable Law.
EXHIBIT C: COMMERCIAL TERMS
In each event, as agreed upon by the Customer via the No.1 Service Platform or in another way, No.1 Service retains the right, in its sole discretion, to charge fees to the Customer in connection with use of the No.1 Service Platform or other services that No.1 Service may offer in the future. These costs might include no-show or cancellation fees.
The Customer accepts and comprehends that No. 1 Service may provide several incentives, each of which may be based on a different set of criteria and provide various advantages. According to this Agreement, the Customer may be obliged to pay No. 1 Service a specific fee for using the No. 1 Service Platform. This fee should be informed to the Customer on a regular basis.
Without limiting the "Amendments to this Agreement" Section, No. 1 Service retains the right to periodically convey to the Customer any changes to the rates and payment arrangements between the Customer and No. 1 Service and/or the Professionals. If the Customer does not accept or agree to such modifications, the Customer must cease using the No. 1 Service Platform and terminate this Agreement. If the Customer and the Professionals agree to different prices and payment arrangements, the Customer may also decide not to utilize the Professional Services (as the case may be).
The Customer shall pay any sums due under this Agreement to No.1 Service within 7 days of the date of service for any payments due that are not otherwise paid by Customer through payment card at the time the amount becomes due.
EXHIBIT D: NO.1 SERVICE DAMAGE PROTECTION PLAN
Certain restricted protections offered by No. 1 Service for professional services are included in the No. 1 Service Damage Protection Plan.
I. No. 1 Service Damage Protection Plan restrictions
If the customer is unhappy with the performance of a professional service, subject to the exclusions listed below and the terms and conditions, No. 1 Service, in its sole discretion, may: (have the professional service performed again; or subject to the exclusions listed in Paragraph IV (Exclusions), compensate the customer the lesser of: (a) up to 1,000,000 kyats per occurrence for losses resulting from property damage as a direct result of a professional's negligence during the performance of the professional service;
The customer agrees to: (A) prevent further damage to any damaged property that is the subject of a claim; (B) cooperate with No. 1 Service or its insurers in order to inspect, copy, photograph, and record anything related to the claim; (C) accept repairs and/or remediation by a Professional; (D) only request a replacement if it is determined that repairs are not an option; and (E) accept a replacement item subject to the standard depreciation of that item.
II. Eligibility
The customer must notify the No.1 Service Help Center of the problem within 72 hours of the professional service appointment in order to be eligible for the Damage Protection Plan. To do this, use the help option next to the booking in the customer's account and choose the "My property / appliance was damaged during the service" option. The customer's report must include documentation of the damage, ownership, and value. Additionally, the following requirements must be met:
The Customer has not violated this Agreement; The Customer has identified breakable and other fragile items and has informed the Professional of their location and identity prior to the start of the Professional Service; The Customer has accounted for and secured all valuables prior to the start of a Professional Service.
III. Secondary Remedy
The customer acknowledges that the No. 1 Service Damage Protection Plan is a supplementary remedy for such damage if the customer has insurance that would protect them in the case of a claim, such as renter's insurance or homeowner's insurance ("Personal Insurance"). The No. 1 Service Damage Protection Plan will only pay for damages that are not otherwise covered by the customer's personal insurance and only in the ways that are allowed by these terms and conditions.
IV. Exclusions
The following are excluded from the "No. 1 Service Damage Protection Plan":
Losses resulting from acts of nature; indirect losses/damages; losses for property damage and theft above the original value and/or replacement value for such property, minus any ordinary depreciation; Professional Services that are not booked and paid for directly on the Website;
Losses resulting from a manufacturer's or a product's defects; Losses due to pre-existing damages or conditions of the item or property; Losses resulting from items supplied by the Customer or as a result of the Customer's recommendations; Losses resulting from the negligence or misconduct of a third party;
Losses due to intentional misconduct by a Professional; Losses for items that still function normally (e.g., minor cosmetic damage, normal wear and tear, a TV with a scratch on the bezel); Losses for fine arts or an antique; Losses due to flooding and/or water damage, including mould; Losses due to products containing hazardous or harmful materials; Losses of cash, third-party gift cards, and securities;
Losses from theft without a valid police report, if requested by No. 1 Service; losses with insufficient documentation; losses occurring after, or unrelated to, the performance of a Professional Service; losses involving products or services, or use; losses involving pets, personal liability, or damage to shared or common areas; losses from shipping costs and/or shipping of replacement items and/or taxes incurred in purchasing the original and/or replacement items; and losses from theft with insufficient documentation.
EXHIBIT E: COPYRIGHT POLICY
Reporting Claims of Copyright Infringement
Claims of copyright infringement are taken seriously by us. In accordance with the law, we will react to notifications of suspected copyright infringement. You may seek the removal of any content (or access to them) from this website (the "Website") that you feel violate your copyright by sending a written notice to our copyright agent, who is listed below. The written notification (the "MYANMAR COPYRIGHT LAW Notice") must essentially contain the following in compliance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (Myanmar Law):
- Your written or digital signature.
- Identify the copyrighted work you think has been violated, or if the allegation affects many works on the Website, provide a sample of those works an accurate enough description of the allegedly infringing content must be provided in order for us to find it.
- enough contact details for us to reach you (including your name, postal address, telephone number, and, if available, email address).
- a declaration that you really believe the copyright owner, their agent, or the law does not permit you to use the protected content.
- a declaration that the details in the written notification are true.
- a declaration made under oath that you have the owner's consent to act on their behalf.
Our designated copyright agent to receive MYANMAR COPYRIGHT LAW Notices is:
Phyo Maung Maung
Europe Asia Empire Co.,Ltd
No.636, Waizayantar Road, Ward No (4) , South Okkalarpa Township , Yangon
+95 98818 111 25
[email protected]
Your MYANMAR COPYRIGHT LAW Notice could not be effective if you don't adhere to all of the MYANMAR COPYRIGHT LAW criteria.
Please be advised the MYANMAR COPYRIGHT LAW may hold you responsible for damages (including costs and lawyers' fees, if you willfully falsely misrepresent that content or behavior on the Website violates your copyright.
Counter Notification Procedures
By sending a written notice to our copyright agent listed above, you may file a counter notification with us (a "Counter Notice") if you think that content you placed on the Website was deleted or access to it was blocked unjustly or due to misidentification. The Counter Notice must generally include the following in accordance with the MYANMAR COPYRIGHT LAW:
- Your written or digital signature.
- a description of the content that has been deleted or to which access has been restricted, as well as the page where the content was present before being deleted or restricted.
- enough contact details for us to reach you (including your name, postal address, telephone number, and, if available, email address).
- a declaration from you made under oath stating you have a good faith belief the material mentioned above was taken down or disabled due to an error or misidentification of the content that needed to be taken down or disabled.
- A declaration that you will accept service from the person (or an agent of that person) who provided the Website with the relevant complaint and that you will submit to the jurisdiction of the Myanmar Court for the judicial district in which your address is located (or, if you live outside of Myanmar, for any judicial district in which the Website may be found).
If the person that originally filed the MYANMAR COPYRIGHT LAW Notice does not initiate legal action against you within ten business days after receiving a copy of your Counter Notice, the MYANMAR COPYRIGHT LAW entitles us to restore the deleted material.


