Updated Date: 23rd February 2020
Effective Date: This Terms of Use agreement is effective as of 1st March 2020.
Welcome AyeSay Services.
PLEASE READ THE FOLLOWING TERMS OF USE THOROUGHLY AND CAREFULLY. By using and / or browsing our services, you agree that you have read, understood and agree to be bound by these Terms of Use.
If you do not agree with these Terms of Use, in while or in part, please discontinue using and / or browsing our Website immediately.
AyeSay Services Company Limited is a company incorporated under The Republic of the Union Of Myanmar law (“Ayesay Services”, “we” or “us”).
These Terms of Use shall be deemed to include any Additional Policies. We may assign or change any part or parts of our rights under these Terms of Use without your consent or prior notification. The Terms of Use constitute a legally-binding agreement between us and you.
IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU MAY NOT ACCESS OR USE OUR SERVICES.
All references to "you", "your” or “Client” as applicable, mean the person who accesses, uses, and/or participates our Services in any manner, and each of your heirs, assigns, and successors. If you use our Services on behalf of an entity, you represent and warrant that you have the authority to bind that entity, your acceptance of the Terms will be deemed an acceptance by that entity, and "you" and "your" herein shall refer to that entity, its directors, officers, employees, and agents.
YOU HEREBY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THE FOREGOING TERMS OF SERVICE AND AGREE THAT MY USE OF AYESAY SERVICES IS AN ACKNOWLEDGMENT OF YOUR AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.
AyeSay Services is a platform which enables connections between Clients and Services Providers. “Clients” are individuals and/or businesses seeking to obtain short-term services (“Services”) from Service Providers and are therefore clients of Service Providers, and “Service Providers” are businesses seeking to perform Services for Clients. Clients and Service Providers together are hereinafter referred to as “Users.” If you agree on the terms of a Service, you form a Service Agreement directly with the Service Provider as set forth in more detail in Article 3 below.
Service providers are independent business owners, contractors and not employees, partners, representatives, agents, joint venturers, independent contractors or franchisees of AyeSay Services.
AyeSay Services connects you with the most relevant Service Provider based on rating, availability, price, and other factors. You have every right to refuse the booking before the Service Date if you do not want to proceed with the Service Provider, as per Article 14.
AyeSay Services does not perform services and does not employ individuals to perform services. By connecting people and businesses seeking services with service providers, AyeSay Services operates as a marketplace that connects clients with service providers (service providers) who wish to perform a variety of services.
You hereby acknowledge that AyeSay Services does not supervise, scope, direct, control or monitor a service provider’s work and expressly disclaims (to the extent permitted by law) any responsibility and liability for the work performed and the services in any manner, including but not limited to a warranty or condition of good and workmanlike services, warranty or condition of quality or fitness for a particular purpose, or compliance with any law, statute, ordinance, regulation, or code.
Any reference on the AyeSay Services Platform to a Service Provider being licensed or credentialed in some manner, or "badged," “reliable,” “reliability rate,” “elite,” “great value,” "background checked," “vetted” (or similar language) designations indicates only that the Service Provider has completed a relevant account process or met certain criteria and does not represent anything else. Any such description is not an endorsement, certification or guarantee by AyeSay Services of such Service Provider’s skills or qualifications or whether they are licensed, insured, trustworthy, safe or suitable. Instead, any such description is intended to be useful information for Clients to evaluate when they make their own decisions about the identity and suitability of Service Providers whom they get in contact with via AyeSay Services.
AyeSay Services enables connections between Users for the fulfillment of Services. AyeSay Services is not responsible for the performance or communications of Users, nor does it have control over the quality, timing, legality, failure to provide, or any other aspect whatsoever of Services, Service Providers, or Clients, nor of the integrity, responsibility, competence, qualifications, or any of the actions or omissions whatsoever of any Users, or of any ratings or reviews provided by Users with respect to each other.
AyeSay Services makes no warranties or representations about the suitability, reliability, timeliness, or accuracy of the Services requested or services provided by, or the communications of or between, Users.
You acknowledge and agree that a legally binding contract with the Service Provider (the “Service Agreement”) is formed when you and the Service Provider agree on the terms of a Service. The terms of the Service Agreement include the terms set forth in this Section 3, the engagement terms proposed and accepted through AyeSay Services and stated on the booking confirmations, and any other contractual terms accepted by both You and the Service Provider to the extent such terms do not conflict with the terms in this Agreement, including this Section 3, and do not expand AyeSay Services’ obligations or restrict AyeSay Services’ rights under this Agreement.
AyeSay Services is not a party to any Service Agreement and the formation of a Service Agreement will not, under any circumstances, create an employment or other service relationship between AyeSay Services and the Service Provider, nor will it create an employment relationship between You and the Service Provider.
Users do not have authority to enter into written or oral — whether implied or express — contracts on behalf of AyeSay Services. AyeSay Services’ role is simple enabling connections between You and Service Providers.
Service Providers may engage assistants, helpers, subcontractors or other personnel to perform the Service.
Clients, in their sole discretion, may determine whether they will be present or not when a Service is performed. Clients who elect not to be present when a Service is performed agree that if someone other than them books the Service on their behalf or is present when the Service is performed, they are appointing that person as their agent (“Client’s Agent”) and the Service Provider may take and follow direction from the Client’s Agent as if such direction was given from the Client him or herself. If You are a Client’s Agent and accessing and using the AyeSay Services on behalf of a Client, you represent that you have the authority to act as their agent and to bind that person as the principal to all provisions of the Terms of Service. Client assumes full and sole responsibility for the acts and omissions of Client’s Agents.
You shall pay the Service Provider in full for all Services. Each User agrees to comply with the Service Agreement and this Agreement during the engagement, performance and completion of a Service.
You represent and warrant that:
The Product may now or in the future permit the submission of videos or other communications submitted by you and other users, including without limitation, your Profile, your Profile picture, your Requests, any Feedback, and all Submitted Content, and the hosting, sharing, and/or publishing of such Submitted Content. You understand that whether or not such Submitted Content is published, AyeSay Services does not guarantee any confidentiality with respect to any Submitted Content.
You agree that AyeSay Services shall be free to use or disseminate such Submitted Content on an unrestricted basis for the purpose of providing the Services.
AyeSay Services reserves the right, in its sole discretion, to change, modify or otherwise amend the Terms of Use and any other documents incorporated by reference at any time. It is your responsibility to review the Terms of Use for any changes. Your use of the Services following any amendment of the Terms of Use will signify your assent to and acceptance of any revised Terms of Use. If you do not agree to abide by these or any future Terms of Use, please do not use or access the Services.
You should take reasonable precautions and conduct any necessary investigation or inquiries you deem necessary or appropriate before proceeding to hire, pay or transact with a Service Provider.
You understand and acknowledge that deciding to accept to use a Service Provider is your personal decision, for which you alone are responsible.
In the event of any dispute between You and a Service Provider, such dispute shall be resolved between you and such Service Provider and AyeSay Services shall not have or hold any responsibility, liability or obligation in relation thereof.
You shall use best efforts to provide AyeSay Services with any information requested, and shall accept any decision made by AyeSay Services to resolve such dispute.
You agree that your use of the product shall be at your own risk. To the fullest extent permitted by law, AyeSay Services and its Officers, Managers, Members, Directors, Employees, Successors, Assigns, Subsidiaries, Affiliates, Service Providers, Suppliers, And Agents disclaim all warranties, express, implied, statutory or otherwise, and make no warranties, representations, or guarantees in connection with the services offered, any data, materials, submitted content, relating to the quality, suitability, truth, accuracy or completeness of any information or material contained or presented.
Unless otherwise explicitly stated, to the maximum extent permitted by applicable law, this product, the services offered on or through this product, data, materials, submitted content, and any information or material contained or presented on this product is provided to you on an “as is,” “as available” and “where is” basis with no warranty of implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights.
AyeSay Services does not provide any warranties against errors, mistakes, or inaccuracies of data, content, information, materials, substance of the product or submitted content, any unauthorized access to or use of our servers and/or any and all personal information and/or financial information stored therein, any bugs, viruses, trojan horses, or the like which may be transmitted to or through the product by any third party, any interruption or cessation of transmission to or from the product, any defamatory, offensive, or illegal conduct of any third party, or any loss or damage of any kind incurred as a result of the use of any data, content, information, materials, substance of the product or submitted content posted, emailed, transmitted, or otherwise made available via the product.
AyeSay Services does not endorse, warrant, guarantee, or assume responsibility for any service. AyeSay Services will not be a party to or in any way be responsible for monitoring any transaction between you and the Service Provider. As with the use of any product or service, and the publishing or posting of any material through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
You agree that AyeSay Services shall not be responsible or liable for any loss or damage of any sort whatsoever incurred as the result of any service. If there is a dispute between you and a Service Provider, you acknowledge and agree that AyeSay Services is under no obligation to be involved.
In the event that a dispute arises between you and one or more Service Providers, you hereby forever release AyeSay Services, its officers, managers, members, directors, employees, attorneys, agents, and successors in rights from any claims, demands, and damages (actual and consequential) of every kind or nature, known or unknown, suspected or unsuspected, foreseeable or unforeseeable, disclosed or undisclosed, arising out of or in any way related to your use of the service.
You agree to defend, indemnify and hold harmless AyeSay Services, and Its Officers, Managers, Members, Directors, Employees, Successors, Assigns, Subsidiaries, Affiliates, Service Providers, Suppliers, and Agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from your use of, access to, and participation in the service. This defense and indemnification obligation will survive these terms of service and your use of the service.
Neither AyeSay Services, nor its Parents, Affiliates Or Licensors, Including Their Respective Directors, Officers, Shareholders, Agents, Investors, Subsidiaries, Attorneys, Representatives, Insurers, Employees, Successors and assigns (collectively referred to as “affiliates”) is responsible or liable for the conduct, acts, or omissions of any user of the AyeSay Services platform and, to the extent permitted by law, you hereby release AyeSay Services and affiliates from any and all liability, claims, demands, or damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with AyeSay Services.
In no event shall AyeSay Services, or its respective Officers, Managers, Members, Directors, Employees, Successors, Assigns, Subsidiaries, Affiliates, Service Providers, Suppliers, Attorneys Or Agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any:
In no event shall the total, aggregate liability of AyeSay Services, or any of the above-referenced respective parties, arising from or relating to the product, and/or submitted content exceed the total amount of fees actually paid to AyeSay Services by you hereunder. You further acknowledge and agree that AyeSay Services shall not be liable for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from or relating to any contract between you and the service provider. The product may contain links to third-party products that are not owned or controlled by AyeSay Services. AyeSay Services does not have any control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party products. In addition, AyeSay Services will not and cannot censor or edit the content of any third-party site. By using the product, you expressly relieve AyeSay Services from any and all liability arising from your use of any third-party product. Accordingly, please be advised to read the terms and conditions and privacy policy of each third-party product that you visit, including those directed by the links contained on the product.
The terms of use, and any rights and licenses granted herein, may not be transferred or assigned by you, but may be assigned by AyeSay Services without restriction.
Neither AyeSay Services nor you shall be liable to the other for any delay or failure in performance under the Terms of Use, other than payment obligations, arising out of a cause beyond its control and without its fault or negligence. Such causes may include, but are not limited to fires, floods, earthquakes, strikes, unavailability of necessary utilities, blackouts, acts of God, acts of declared or undeclared war, acts of regulatory agencies, or national disasters.
AyeSay Services acts solely for You to connect with Service Providers for the purposes of transacting to respectively receive and provide Services. AyeSay Services is not itself a Service Provider or a Service user, and is not responsible to account for or pay any tax or comply with any laws relating to tax or relevant compliance for any transaction, sale or service provided by any Service Provider to any Service user. You understand, acknowledge and agree that you are solely responsible for your own tax reporting and statutory compliance obligations.
You hereby acknowledge and agree that AyeSay Services is NOT a party to any oral or written Agreement for Service or any contract entered into between You and a Service Provider with any Service offered, directly or indirectly, through AyeSay Services.
No agency, partnership, joint venture, or employment is created as a result of the agreement for Service. You do not have any authority whatsoever to bind AyeSay Services in any respect. All Service Providers are independent contractors. Neither AyeSay Services nor any users of the Services may direct or control the day-to-day activities of the other, or create or assume any obligation on behalf of the other.
All sales on AyeSay Services are final and non-refundable. Cancellations within 24 hours will incur a 100% Service cost fee. Any liabilities, financial or otherwise, between You and the Service Provider that have already been incurred, as part of the Service Agreement outlined in article 3, will remain due.
These General Conditions are governed by, and shall be construed in accordance with the laws of the Republic of the Union of Myanmar.