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Terms & Conditions

Effective Date: October 1, 2018

 

Last Updated: October 1, 2018

 

These Terms and Conditions ("Terms", "Terms and Conditions") govern your relationship with Wygo mobile application (the "Service") operated by Sungtree Technologies Inc. ("us", "we", or "our").

 

Please read these Terms and Conditions carefully before using our Wygo mobile application (the "Service").

 

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

 

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

 

Use of Mobile Applications, and our Service

 

The "Service" is Wygo's mobile applications, as may be updated, relocated, or otherwise modified from time to time, including through networks, embeddable widgets, downloadable software, and tablet computer applications, and all intellectual property contained therein. The Service provides health and wellness professionals ("Massage Therapists") with a network (the "Wygo Network") through which Massage Therapists can provide massages (each, a "Massage") to consumers. Any person who accesses and/or uses the Service to book a massage on his or her own behalf, or on behalf of any third party, will be referred to herein as a "Wygo Customer".

 

Wygo's policy with respect to the collection and use of your personally identifiable information is set in our Privacy Policy.  Privacy Policy. By accepting these Terms, you acknowledge your agreement with Wygo's Privacy Policy.

 

Registration, Accounts and Security

 

Wygo Customers. In order to become a Wygo Customer, you must complete the registration process by providing Wygo with current, complete and accurate information, as prompted by the applicable registration form.

 

Accuracy of Information. You acknowledge that in the event you provide any information to Wygo which is untrue, inaccurate, not current or incomplete, Wygo may terminate these Terms and your continued access and use of the Service.

 

Eligibility.

a. You represent and warrant that you are at least eighteen (18) years of age, that you have not been previously suspended or removed from the Service, and that you possess the legal right and ability to enter into these Terms. THE SERVICE IS NOT FOR PERSONS UNDER THE AGE OF 18 OR ANY USERS PREVIOUSLY SUSPENDED OR REMOVED FROM THE SERVICE BY WYGO. IF YOU ARE UNDER 18 YEARS OF AGE, PLEASE DO NOT USE OR ACCESS THE SERVICE AT ANY TIME OR IN ANY MANNER. While individuals under the age of 18 may receive a Massage booked for them through the Service by a parent or legal guardian (who must also supervise the Massage), such individuals may not use the Service themselves.

 

b. If you are using the Service on behalf of an individual, company, entity, or organization (each, a "Guest"), you represent and warrant that (A) you are an authorized representative of such Guest with the authority to bind such Guest to these Terms, (B) agree to be bound by these Terms on behalf of such Guest, and (C) your Guest meets the eligibility requirements for the Service, as set forth in these Terms. Further, you will be solely responsible for ensuring your Guest complies with these Terms.

 

Credentials. As part of the registration process, you will be asked to select a username and password. You are entirely responsible for maintaining the security and confidentiality of your account and password. You agree to notify Wygo immediately of any unauthorized use of your account or any other breach of security. To notify us, contact us at support@wygo.ph. You are responsible for all use of the Service occurring under your user name. You are responsible for keeping your password confidential and for notifying us if your password has been hacked or stolen. Wygo will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. You may be held liable for any losses incurred by Wygo or another party due to someone else using your account or password.

 

Your Responsibilities

 

  1. Your Responsibilities. You may use the Service solely for lawful and non-commercial purposes, as intended through the provided functionality of the Service. You may not use the Service in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party's use and enjoyment of the Service. You may not attempt to gain unauthorized access to the Service, user accounts, or computer systems or networks, through hacking, password mining or any other means. Without limiting any of the foregoing, you expressly agree that you will not (and you agree not to allow or assist any third party to).

 

a. use, copy, install, transfer or distribute the Service, except as specifically permitted by these Terms;

 

b. modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Service or its Content (as defined below);

 

c. remove or alter any copyright, trademark or other proprietary rights notices contained in or on the Service or in or on any content or other material obtained through the Service or the use of the Service;

 

d. create user accounts by automated means or under false or fraudulent pretenses;

 

e. use any robot, spider, screen or database scraper, site search or retrieval application, or other automated device, process or means to access, retrieve or index any portion of the Service;

 

f. probe, scan or test the vulnerability of any system or network or breach any security or authentication measures;

 

g. reformat, mirror, or frame any portion of the web pages that are part of the Service;

 

h. express or imply that any statements you make are endorsed by us, without our prior written consent in each instance;

 

i. transmit (i) any content or information that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes on our or any third party's intellectual property or other rights, (ii) any material, non-public information about individuals or companies without the authorization to do so, (iii) any trade secret of any third party, and/or (iv) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication (except as otherwise expressly permitted by us), or engage in spamming or flooding;

 

j. transmit any software or other materials that contain any virus, worm, time bomb, Trojan horse, or other harmful or disruptive component; use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine", or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents;

 

k. harvest or collect information about other users without their prior written consent;

 

l. undertake, cause, permit or authorize the translation, reverse engineering, disassembling or hacking of any aspect of the Service, including Content, or attempt to do any of the foregoing, except and solely to the extent permitted by these Terms, the Service's authorized features, or by law, or otherwise attempt to use or access any portion of the Service other than as intended by Wygo;

 

m. access, tamper with, or use non-public areas of the Service, Wygo's (and its hosting company's) computer systems and infrastructure, or the technical delivery systems of Wygo's providers;

 

n. harass, abuse, harm or advocate or incite harassment, abuse or harm of another person or group, including Wygo employees and other users;

 

o. create a new account with Wygo, without Wygo's express written consent, if Wygo previously disabled an account of yours;

 

p. solicit, or attempt to solicit, personal information from other users, except as permitted through the Service's functionality;

 

q. restrict, discourage or inhibit any person from using the Service, disclose personal information about a third person on the Service or obtained from the Service without the consent of such person, or collect information about users;

 

r. gain unauthorized access to the Service, to other users' accounts, names or personally identifiable information, or to other computers or websites connected or linked to the Service;

 

s. violate any applicable laws, regulations or these Terms;

 

t. use the Service for any illegal, inappropriate and/or unauthorized conduct, including without limitation, using the Service to contact Massage Therapists for sexual or other inappropriate purposes, or using the Service in violation of Wygo's or any third party's intellectual property or other proprietary or legal rights; or

 

u. use or access the Service to build a competing service.

 

We may take any legal action and implement any technical remedies to prevent the violation of these provisions and to enforce these Terms.

 

2. Medical-Related Disclaimers

 

a. The content and information made available through 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.

 

b. Wygo 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 Wygo or other visitors to the service is solely at your own risk. The service may contain health- or medical-related materials that some may consider sexually explicit. If you find these materials offensive, you may not want to use the service.

 

c. The service is continually updated and Wygo makes no warranty of any kind, implied or express, as to its accuracy or completeness. Wygo makes no warranty that the information available on the service includes the most recent findings.

 

d. You acknowledge that your reliance on any information provided by the service or by any massage therapist 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. The service are not for medical emergencies. If you think you have an emergency, call 911 immediately.

 

e. Although Wygo provides information about various massage therapists on the service, Wygo does not recommend any of the massage therapists and does not provide the services rendered by such massage therapists. Wygo requests copies of massage therapists' licenses and other background information, but Wygo does not and cannot guarantee the accuracy or completeness of any such information-gathering or that a particular massage therapist is qualified to perform any given service; and it is solely the responsibility of each Wygo customer, and not Wygo, to determine whether a given massage therapist is qualified and capable of rendering services. Further, Wygo does not and cannot guarantee that its identity verification processes (whether of Wygo customers or massage therapists) are accurate and, to the fullest extent permitted by law, Wygo disclaims any liability arising out of a Wygo's failure to accurately verify the identity of a Wygo customer or massage therapist. 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.

 

3. Booking Massages. As a condition of being permitted to make appointments with Massage Therapists through the Service, Wygo Customers agree with the following terms for all appointments booked on the Service.

 

a. Massages Booked Through the Service. Wygo Customers understand that Massage Therapists are highly trained, certified and/or licensed by appropriate government agencies, and specialize in massage therapy and other health and wellness techniques. Wygo does not tolerate any requests deemed sexual or inappropriate in nature. Users reported for inappropriate behavior will be immediately removed from the Service. Wygo Customers agree that massage is for relaxation only and should not be used if the person who will receive the massage 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 massage therapy is otherwise contraindicated. A Wygo Customer who uses the Service to book a massage on his or her own behalf should consult a physician if uncertain as to whether a massage is appropriate for such Wygo Customer, and A Wygo Customer who uses the Service to book a massage on behalf of a third party should encourage that third party to do the same.

 

b. Prices. The fees listed on the Service are the standard fees for the listed service, which Wygo may change at any time in its sole discretion by so posting on the Service. In addition, fees for services provided by a Massage Therapist may vary depending on a variety of factors such as length, day, time, or location of appointment. The fee you are ultimately charged is the "Fee."

 

c. No Liability. To the fullest extent permitted by law, Wygo will not have any liability whatsoever for any of the services provided by Massage Therapists. Massage Therapists bear sole liability for all of the services provided, including those services that are booked through the Service.

 

d. Responsibility for Payment. You will be charged the Fee following your receipt of a Massage. You agree to pay to Wygo all Fees, whether or not you dispute the amount of the charge or the quality or nature of the services provided.  You acknowledge, understand and agree that when using the Service, you may be responsible for standard phone, data and messaging charges from your wireless carrier. Under no circumstances will Wygo be responsible for any wireless email, data, phone, or text messaging charges incurred by you or by a person that has access to your wireless device, telephone number, or email address.

 

e. Cancellations. If you cancel before your scheduled massage, then Wygo may charge you a cancellation fee, which will be set forth in the Cancellation Policy.

 

f. Dispute Resolution. Although Wygo retains the right to mediate any dispute between you and a Massage Therapist, all disputes between you and such Massage Therapist must ultimately between you and the Massage Therapist directly. All sales booked through the Service are final and Wygo provides no refunds.

 

4. Consent to Electronic Communications

 

a. Consent to Electronic Communications. By using the Service or providing Personal Information (as defined in the Privacy Policy) to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Service. If we learn of a security system's breach, we may attempt to notify you electronically by posting a notice on the Service or sending an email to you, if we have your email address.To receive free written notice of a security breach (or to withdraw your consent from receiving electronic notice), please write to us at support@wygo.ph.

 

b. SMS Text Messages and Push Notifications. When you register with Wygo, Wygo will send you an email confirmation, SMS text messages and push notifications ("Messages and Notifications") in order to keep you informed about the Service. For example, Wygo will send you a text message to confirm or remind you of your Massage appointment. By using the Service, you agree to receive Messages and Notifications regarding your use of the Service. SMS 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 to remove yourself from our text message database.

 

c. Depending on your current carrier plan, you may incur charges for these Messages and Notifications and agree to not hold Wygo liable for any charges incurred. You acknowledge that any terms between you and any third-party provider (such as, for example, Apple®, Android™) create no obligation or responsibility on the part of Wygo, and that Wygo is not responsible for any failure of warranty by any such third party.

 

d. Wygo 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. You agree that we have no liability for transmission delays or message failures.

 

5. Content Submitted to Wygo

 

a. By sending or transmitting to us information, opinions, creative suggestions, ideas, notes, concepts, or other materials (collectively, "Materials"), or by posting such Materials to any area of the Service, you grant Wygo and its designees a worldwide, non-exclusive, sublicenseable (through multiple tiers), assignable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute (through multiple tiers), create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale and import such Materials in any media now known or hereafter developed to enhance and develop the Service, including by marketing and advertising the Service, without compensation to you; provided that we will never use your name in connection with any of your Materials that we use in our own advertising and marketing materials without obtaining your prior consent.  None of the Materials will be subject to any obligation, whether of confidentiality, attribution, or otherwise, on our part and we will not be liable for any use or disclosure of any Materials. Wygo may remove or alter any Materials at any time for any reason. We neither endorse nor are responsible for any opinion, advice, information, or statement made or displayed on the Service by any user. We are not responsible for any errors or omissions in articles or postings, for hyperlinks embedded in messages, or for any results obtained from the use of such information. Under no circumstances will Wygo and/or its affiliates, suppliers, or agents be liable for any loss or damage caused by your reliance on such information obtained through the Service. We cannot and do not take responsibility for the veracity, reliability, or completeness of any opinion, advice, information, or statement available on the Service.

 

b. The opinions expressed on the Service by users reflect solely the opinions of the users who post thereon and do not reflect the opinions of Wygo. You acknowledge and agree that we have the right (but not the obligation) to monitor the Service and Materials; to alter or remove any Materials; and to disclose Materials and the circumstances surrounding their transmission to any third party in order to operate the Service properly; to protect ourselves, our sponsors, and our members and visitors; and to comply with legal obligations or governmental requests. If you believe a message violates our member policies, please contact Wygo immediately at support@wygo.ph so that we can consider its editing or removal.

 

c. You are solely responsible for your Materials and the consequences of posting them on the Service. By posting Materials, you represent, warrant, and covenant that: (i) you are the creator and owner of the Materials or otherwise have sufficient rights and authority to grant the rights granted herein; (ii) your Materials do not and will not (A) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right or (B) slander, defame, or libel any other person; (iii) your Materials do not contain any viruses, adware, spyware, worms, or other harmful or malicious code or (iv) unless you have received prior written authorization, your Materials specifically do not contain any confidential information of any third party. We reserve all rights and remedies against any users who breach these representations and warranties.

 

d. Sending Messages. The Service may allow Massage Therapists and Wygo Customers to exchange messages ("Messages") with each other. Sending Messages is a privilege, not a right, and Wygo may terminate such privileges of any user at any time and for any reason, without any liability to such user. Harmful, obscene, or offensive communications are not welcome in any Messages. If a user sends you an objectionable Message, please notify us by sending an e-mail to support@wygo.ph.  You should exercise discretion, good sense, and sound judgment when sending a Message. You are solely responsible for the content of any Message you send. You agree that Wygo may monitor Messages for compliance with these Terms, and therefore, Messages should not be considered confidential or proprietary. You hereby grant us an assignable, sublicensable, irrevocable license to reproduce and transmit your Messages in connection with facilitating transfer to the intended recipient through the Service and for such other purpose as Wygo may deem appropriate in its sole discretion.

 

6. Contests. Wygo may provide contests on the Service. The rules, regulations, and procedures governing such contests ("Contest Rules") will be accessible through a hypertext link displayed on the web page where the contest or game may be located. By entering or participating in any of our contests or games, you agree to be subject to those rules, regulations and procedures as well as the terms and conditions of these Terms. In the event of a conflict between any Contest Rules and these Terms, the applicable Contest Rules will govern.

 

7. Term and Termination. 

a. The term of these Terms (the "Term") will commence on the date on which you first access or utilize the Service in any way (the "Effective Date") and will continue so long as you continue to access or utilize the Service; provided that Wygo reserves the right to take whatever lawful actions it may deem appropriate in response to actual or suspected violations of these Terms including, without limitation, the suspension or termination of the user's access and/or account, or blocking the user from access to the Service. Wygo may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Except as may be expressly limited by the Privacy Policy, Wygo reserves the right at all times to disclose any information as Wygo deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Wygo's sole discretion.

b. Effect of Termination. The following Sections of these Terms will survive termination or expiration of the Agreement: 1.c, 2.d, 3, 4, 5.d, 8.a, 9, 10.b, 11 – 23.  Payments by you, which accrue or are due before termination of this Term, will continue to be payable by you, and amounts owed to Wygo at the time of such termination or expiration will continue to be owed by you, after such expiration or termination.

 

8. Ownership

a. Proprietary Information. You acknowledge and agree that: (i) the Service, including, without limitation, any Content, modifications, enhancements and updates, and any originals and copies thereof, in whole or in part, and all intellectual property rights therein (collectively, "Proprietary Information"), is owned by Wygo and its licensors, as applicable; (ii) the Proprietary Information contains valuable copyrighted and proprietary material of Wygo; (iii) the Proprietary Information is licensed, rather than sold, to you pursuant to these Terms; and (iv) you have no rights in the Proprietary Information, other than the rights and licenses specifically granted to you pursuant to these Terms.

b. Trademarks. You acknowledge that Wygo has acquired, and is the owner of, trademark rights in the name and word mark "Wygo"™ and in the other marks and design marks displayed on the Service. You acknowledge that this name and these marks are famous and internationally known. You will not, at any time or for any reason, challenge the validity of, or Wygo's ownership of, the foregoing name and marks, and you waive any rights you may have at any time to do so. All use of the foregoing name and marks by you will inure exclusively to the benefit of Wygo. All marks shown on the Service but not owned by Wygo are the property of their respective owners.

 

9. Disclaimer of Warranty

a. To the fullest extent permitted by law, the service is provided "as is" with all faults, and the entire risk as to satisfactory quality, performance, accuracy and effort is with you. You acknowledge that, because of the nature of the internet, mobile networks, and the devices which access the internet and/or mobile networks, the service may not be accessible when needed, and that information, data, audio and video transmitted over the internet and/or mobile networks may be subject to interruption or third party interception and modification. To the fullest extent permitted by law, Wygo disclaims any and all warranties or conditions, express or implied, including, but not limited to the implied warranties or conditions of merchantability, fitness for a particular purpose, quiet enjoyment, accuracy of informational content, and absence of viruses and damaging or disabling code. To the fullest extent permitted by law, none of Wygo, its affiliates or service providers, Wygo's content providers and/or their respective affiliates, subsidiaries nor the employees, agents and/or contractors (collectively, the "Wygo parties") warrant the accuracy, completeness, or timeliness of the service. Wygo cannot and does not assume any responsibility for any loss, damages or liabilities arising from the failure of any telecommunications infrastructure, or the internet or for your misuse of any of content and information accessed through the service. You expressly agree that your use of the service and your reliance upon any of the respective content is at your sole risk.

b. You acknowledge that any information you obtain from Massage Therapists comes from those individuals, and not from Wygo, and that Wygo, to the fullest extent permitted by law, is not in any way responsible for any of the information these third parties may supply or for any statements, claims, or representations they may make. To the fullest extent permitted by law, Wygo disclaims any such statements, claims, or representations and the same do not expand or otherwise modify the terms of these Terms. If you are dissatisfied with the Service, your sole and exclusive remedy is to discontinue accessing and using the Service.

 

10. Limitation of Liability

a. To the fullest extent permitted by law, each user is solely responsible for (i) his or her use of the service, and (ii) any damages incurred by him or her or any third party that arise from or are related to the service. The aggregate liability of the Wygo parties for any damages, whether arising in contract, tort or otherwise, will be limited to actual damages proved, and not to exceed the amount paid by you to Wygo for the service. To the fullest extent permitted by law, and notwithstanding anything to the contrary set forth herein, none of the Wygo parties will be liable for any punitive, special, indirect or consequential damages, even if Wygo or its content providers have been advised of the possibility of such damages.

b. To the fullest extent permitted by law, none of the Wygo parties will have any liability whatsoever for any losses; costs or damages of any kind incurred or suffered by you as a result of services provided by any of the massage therapists accessed through the service.

c. You represent that you have independently investigated the advisability of using the massage services made available to you by Wygo and the possible risks involved in using such services. You agree to maintain your own insurance covering such risks and will look solely to such insurance for reimbursement of any resulting damages.

 

11. Third party disputes. Wygo is not affiliated with any carrier, service provider, or third party service, and any dispute you have with any carrier, service provider, third party service or other third party arising from your use of the service, including, without limitation, any other user of the service or your employer, is directly between you and such third party, and you irrevocably release Wygo (and our officers, directors, agents, subsidiaries, joint ventures, and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

12. Force Majeure. Wygo will not be liable for any delay or failure to perform any obligation herein if the delay or failure is due to unforeseen events that are beyond Wygo's reasonable control, such as strikes, blockade, war, terrorism, riots, natural disasters, epidemic or governmental action, in so far as such an event prevents or delays Wygo in fulfilling its obligations hereunder.

 

13. Indemnification and Release

a. To the fullest extent permitted by law, You will defend, indemnify and hold Wygo, its licensors and each such party's parent organizations, subsidiaries, affiliates, officers, directors, members, employees, attorneys and agents, harmless against any loss or damage of any kind (including, without limitation, attorneys' fees and lost revenues) arising from: (i) any and all breaches by you of these Terms or any representation, warranty or covenant contained herein; (ii) any and all use of the Service not specifically authorized hereunder and on the Service; and (iii) any and all claims and actions against Wygo by other parties to whom you allow access to the Service.

 

b. To the fullest extent permitted by law, You further waive, release and forever discharge the Wygo Parties from any and all responsibility or liability for injuries or damages resulting from your Massages or any other service obtained through the use of the Service, including injuries or damages caused by the negligent act or omission of the Released Parties or in any way arising out of or connected with the Service.

c. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim. You will not, in any event, settle any claim or matter without our written consent.

14. Additional Service Features. The Service may contain information on products, and services provided by third parties, including Massage Therapists, and links (including advertisements) to third party web sites. This information and these products, services, and links are provided only as a convenience to users. Wygo does not review or control this information or these products, services, or other web sites, and Wygo does not make any representations or warranties, express or implied, regarding this information or these products, services, or web sites. Inclusion of any of the foregoing in the Service does not constitute or imply an endorsement, authorization, sponsorship, or affiliation by or with Wygo with respect to any third party or its web site or content, or any information, products, or services provided by that third party. Wygo is under no obligation to maintain any link on the Service and may remove a link at any time in its sole discretion for any reason whatsoever.

 

15. Governing Law; Dispute Resolution. 

This Agreement shall be governed by  law, without regard to the choice or conflicts of law provisions of any jurisdiction, and any disputes, actions, claims or causes of action arising out of or in connection with the Terms of Use or the Service shall be referred to the Philippines Dispute Resolution Centre (“PDRC”), in accordance with the Rules of the PDRC as modified or amended from time to time (the “Rules”) by a sole arbitrator appointed by the mutual agreement of the parties (the “Arbitrator”). If parties are unable to agree on an arbitrator, the Arbitrator shall be appointed by the President of the PDRC in accordance with the Rules.

 

The seat and venue of the arbitration shall be Manila, in the English language and the fees of the Arbitrator shall be borne equally by the parties, provided that the Arbitrator may require that such fees be borne in such other manner as the Arbitrator determines is required in order for this arbitration clause to be enforceable under applicable law.

16. Feedback. While we continually work to develop and evaluate our own product ideas and features, we pride ourselves on paying close attention to the interests, feedback, comments, and suggestions we receive from our Users. If you send us or our employees any ideas or suggestions for products, services, features, modifications, enhancements, content, promotions, strategies, or product/feature names, or any related materials (collectively "Feedback"), then regardless of what your communication may say, the following terms apply, to avoid future misunderstandings. By sending us Feedback, you agree that:

a. Wygo will own, exclusively, all known or later discovered rights to the Feedback;

b. Wygo will not be subject to any obligation of confidentiality and will not be liable for any use or disclosure of any Feedback; and

c. Wygo will be entitled to unrestricted use of the Feedback for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.

17. Entire Agreement; Variation. These Terms and any license contained in Wygo's products set forth the entire agreement between Wygo and you with respect to the Service; provided, however, that Customers will also be required to enter into additional agreements with you such as the Privacy Policy Agreement. 

18. Severability. If any provision of these Terms is held invalid, illegal or unenforceable, such provisions will be modified, or if not possible, severed, to reflect the fullest valid, legal and enforceable expression of the intent of the parties and the remainder of these Terms will not be affected thereby.

 

19. Relationship of Parties. Nothing herein will be deemed to create an employer-employee relationship between Wygo and you, nor any agency, joint venture or partnership relationship between the parties. Neither party will have the right to bind the other to any obligation, nor have the right to incur any liability on behalf of the other.

 

20. Waiver. No delay, omission, or failure to exercise any right or remedy provided herein will be deemed to be a waiver thereof or an acquiescence in the event giving rise to such right or remedy, but every such right or remedy may be exercised, from time to time as may be deemed expedient by the party exercising such remedy or right.

21. Assignment. Neither these Terms nor any of the rights granted to you herein may be assigned or transferred by you, whether voluntarily or by operation of law, without the express prior written permission of Wygo and any attempt to do so will be null and void. However, Wygo may assign or transfer these Terms at any time without your permission.

 

22. Third-Party Beneficiaries. The provisions of these Terms relating to the rights of Wygo content providers are intended for the benefit of such content providers, and such content providers, as third-party beneficiaries, will be entitled to enforce such provisions in accordance with their terms, irrespective of the fact that they are not signatories to these Terms.