TOUCH.TOWN – TERMS AND CONDITIONS

Touch.Town is a technology marketplace designed to connect Customers with independent massage Providers.

Touch.Town may allow Users to:

• create accounts
• create Provider profiles
• search for nearby Providers
• select a search radius
• compare services
• view Provider availability
• make bookings
• communicate through the Platform
• leave reviews
• save favourites
• manage appointments and
• use other marketplace features.

Touch.Town does not itself provide massage services.

Touch.Town provides technology that facilitates connections between Customers and independent Providers.

Touch.Town:

• does not perform massage services
• does not employ Providers
• does not supervise appointments
• does not control how Providers perform their services
• does not manage Provider businesses
• does not guarantee bookings
• does not guarantee Provider availability
• does not guarantee service outcomes and
• does not act as the massage service Provider.

Unless expressly stated otherwise, the contract for the massage service is between the Customer and Provider.

Touch.Town is strictly for adults aged 18 years and over.

Every Customer must be at least 18 years old.

Every individual Provider must be at least 18 years old.

Where a Provider is a business with multiple workers, every person performing a service through Touch.Town must also be at least 18 years old.

A person under 18 must not:

• create an account
• make a booking
• advertise services
• provide services
• use another person’s Touch.Town account or
• participate as the Customer or Provider in a Touch.Town booking.

Touch.Town may request age or identity information and may suspend or terminate accounts where there are concerns regarding age or identity.

To use certain Platform features, Users may need to create an account.

Users must provide information that is:

• accurate
• current
• complete and
• not misleading.

Users must not:

• impersonate another person
• create an account using false identity details
• provide a false age
• use stolen photographs
• use another person’s account without permission or
• create accounts to avoid a suspension or ban.

Users are responsible for maintaining the security of their account.

Users should:

• protect passwords
• avoid sharing login credentials
• keep contact details current and
• notify Touch.Town of suspected unauthorised access.

Touch.Town may temporarily restrict an account where suspicious activity is detected.

Touch.Town may only be used for lawful massage and wellness services.

Touch.Town must not be used to advertise, request, arrange, facilitate or provide:

• prostitution
• sexual services
• escort services
• unlawful sexual activity
• services involving minors
• trafficking
• exploitation
• illegal drugs
• criminal activity or
• any other unlawful service.

A massage booking must not be used as a disguise for an unlawful service.

Touch.Town may suspend or permanently remove accounts reasonably suspected of serious unlawful activity.

Providers operate independently from Touch.Town.

Providers determine, subject to law:

• which services they offer
• prices
• service durations
• availability
• business hours
• service location
• travel radius
• travel fees
• cancellation terms and
• whether to accept a particular booking.

Providers are responsible for their own:

• business operations
• taxation
• GST
• equipment
• premises
• transport
• insurance
• qualifications
• licences
• registrations
• approvals and
• compliance obligations.

Nothing in these Terms creates an employment relationship, partnership, franchise or joint venture between Touch.Town and a Provider.

Providers must:

• be at least 18 years old
• operate lawfully
• provide accurate profile information
• clearly describe services
• clearly disclose prices
• maintain appropriate professional standards
• maintain appropriate insurance
• obtain any required qualifications, licences or approvals
• provide services with appropriate care and skill
• maintain appropriate hygiene
• respect Customer consent
• respect Customer privacy and
• comply with the Touch.Town Provider Agreement and Safety & Community Standards.

Providers must not misrepresent their:

• qualifications
• age
• identity
• experience
• business status
• insurance
• location
• service availability or
• professional memberships.

Customers must:

• be at least 18 years old
• provide accurate account and booking information
• behave lawfully
• treat Providers respectfully
• respect Provider boundaries
• provide a reasonably safe environment for mobile services
• pay Providers according to agreed terms
• provide relevant information reasonably required for the service and
• comply with the Customer/User Agreement and Safety & Community Standards.

Customers must not:

• request sexual services
• harass Providers
• threaten Providers
• create false bookings
• misuse Provider information
• provide an unsafe location knowingly or
• use Touch.Town for unlawful purposes.

Provider profiles may contain:

• photographs
• business details
• location
• biography
• experience
• qualifications
• service descriptions
• prices
• availability
• ratings
• reviews and
• service areas.

Unless Touch.Town expressly states that particular information has been verified, Users should not assume Touch.Town has independently verified every claim appearing on a Provider profile.

Provider verification is not necessarily required at launch.

Touch.Town may introduce verification features in the future.

These may include checking:

• identity
• age
• business details
• ABN
• qualifications
• insurance
• registrations or
• other information.

A verification badge or status, if introduced, only relates to the specific information Touch.Town states has been checked.

Verification does not guarantee Provider behaviour, competence, service quality or safety.

Customers are responsible for making their own reasonable decision about whether a Provider is suitable.

Customers should consider matters important to them, including:

• Provider identity
• age
• qualifications
• experience
• reviews
• location
• insurance
• business information
• service type
• price and
• suitability for their needs.

Where a particular professional qualification, registration or insurance is important, Customers should verify it directly with the Provider or relevant organisation.

Touch.Town may use location information to show Providers within a selected search distance.

Customers may be able to:

• use device location
• enter an address
• enter a suburb
• enter a postcode and
• select a search radius.

Displayed distances are estimates.

Distance calculations may differ from actual road distance or travel time.

Touch.Town does not guarantee that a Provider displayed inside a search radius will accept a booking.

Providers may choose the location available for each service.

A service may be offered:

• at the Provider’s premises
• at the Customer’s location or
• at either location.

Providers may set different:

• travel distances
• travel fees
• prices
• durations and
• availability

for different services.

For mobile massage services, the Customer must provide an accurate service address and a reasonably safe environment.

Providers remain responsible for deciding whether they are comfortable attending the location.

Either party may cancel or end an appointment where there is a genuine safety concern.

Providers offering services from their own premises are responsible for ensuring those premises are reasonably:

• safe
• lawful
• hygienic
• suitable
• private and
• compliant with applicable requirements.

Touch.Town does not inspect or certify Provider premises unless expressly stated.

Bookings facilitated through Touch.Town may include:

• Customer
• Provider
• service
• price
• duration
• date
• time
• location
• travel fee and
• cancellation terms.

Users are responsible for checking booking information before confirming.

The massage service contract is between the Customer and Provider.

The Provider is responsible for delivering the booked service.

The Customer is responsible for paying the Provider.

Touch.Town facilitates the connection but is not the service Provider.

Unless Touch.Town expressly introduces a separate payment facility, Touch.Town does not receive, collect, hold or process payment for massage services.

Customers pay Providers directly.

Payment methods may include:

• cash
• EFTPOS
• credit or debit card
• PayID
• bank transfer or
• another lawful method agreed between Customer and Provider.

Where Touch.Town has not processed the massage service payment, Touch.Town is not responsible for:

• collecting unpaid fees
• refunds
• chargebacks
• incorrect payments
• card disputes
• cash disputes
• bank transfers or
• Provider invoices.

Customers and Providers must resolve payment issues directly, subject to applicable law.

Touch.Town may charge Providers fees for Platform access or promotional services.

These may include:

• subscription fees
• advertising fees
• featured listing fees
• promotional fees or
• other Platform charges.

Any Provider fees will be disclosed separately.

Platform fees are separate from the massage service fee paid by the Customer.

Providers may establish cancellation terms.

Customers should review applicable cancellation terms before confirming a booking.

Cancellation policies must comply with applicable law.

Touch.Town may introduce standard cancellation rules or booking functionality from time to time.

Providers may cancel appointments due to matters including:

• illness
• emergencies
• travel delays
• safety concerns
• scheduling issues or
• other reasonable circumstances.

Touch.Town does not guarantee that every booking will proceed.

Customers should cancel bookings as early as reasonably possible.

Repeated:

• no-shows
• false bookings
• deliberate late cancellations or
• misuse of the booking system

may result in account restrictions.

Consent must be respected throughout every massage appointment.

Customers may:

• ask a Provider to stop
• change pressure
• avoid particular body areas
• modify the service or
• end the massage.

Providers may also refuse or end a service where they reasonably believe the situation is:

• unsafe
• inappropriate
• unlawful or
• outside their professional competence.

All Users must comply with the Touch.Town Safety & Community Standards.

The following are prohibited:

• sexual misconduct
• harassment
• threats
• violence
• stalking
• intimidation
• abusive conduct
• fraud
• discrimination contrary to law
• unlawful activity and
• services involving anyone under 18.

Personal safety takes priority over completion of a booking.

A Customer or Provider may immediately leave or end an appointment if they reasonably believe:

• they are unsafe
• boundaries have been crossed
• consent has been withdrawn
• sexual conduct has occurred
• threats have been made
• illegal activity is occurring or
• continuing would create an unreasonable risk.

Customers may need to tell Providers about matters relevant to the massage, such as:

• injuries
• pregnancy
• allergies
• medical conditions
• sensitivities
• recent surgery or
• other relevant health information.

Customers should seek appropriate professional health advice where necessary.

Touch.Town does not provide medical advice.

Information available through Touch.Town is not intended to replace professional medical advice, diagnosis or treatment.

Users should consult an appropriately qualified health professional where they have medical concerns.

Touch.Town may provide messaging between Customers and Providers.

Users must not use messaging to send:

• threats
• sexual requests
• abusive material
• scams
• spam
• unlawful content or
• repeated unwanted messages.

Touch.Town may restrict messaging access for misuse.

Customers may be permitted to leave ratings and reviews after bookings.

Reviews must be:

• genuine
• based on actual experience
• relevant
• lawful and
• not knowingly false.

Users must not:

• buy fake reviews
• create fake reviews
• threaten another User over a review
• publish private addresses
• publish unnecessary personal information or
• use reviews to harass someone.

Touch.Town may moderate or remove reviews.

Customers may be able to save Providers as favourites.

Touch.Town does not guarantee that saved Providers will remain:

• active
• available
• inside the same service area
• at the same price or
• on the Platform.

Users may upload content including:

• profile photographs
• business images
• descriptions
• reviews
• messages and
• other information.

Users retain responsibility for the content they upload.

Users must have the right to use uploaded content.

By uploading content to Touch.Town, Users grant Touch.Town a non-exclusive, worldwide, royalty-free licence to use, reproduce, display and distribute that content for the purposes of:

• operating the Platform
• displaying profiles
• displaying listings
• providing bookings
• marketing the Platform and
• improving Touch.Town.

This licence does not transfer ownership of the User’s content to Touch.Town.

Users must not upload content that is:

• illegal
• sexually explicit
• exploitative
• threatening
• fraudulent
• defamatory in an unlawful manner
• misleading
• discriminatory in breach of law
• stolen
• infringing
• malicious or
• otherwise prohibited by Touch.Town policies.

Touch.Town handles personal information in accordance with the Touch.Town Privacy Policy and applicable law.

Users must also respect the privacy of other Users.

Information obtained through Touch.Town must not be used for:

• stalking
• harassment
• unauthorised marketing
• threats
• blackmail
• identity theft or
• other improper purposes.

For mobile services, Touch.Town may provide the service address to the selected Provider where reasonably necessary.

Providers must only use Customer addresses for legitimate purposes connected with the booking or as otherwise legally permitted.

The Touch.Town Platform and related intellectual property may include:

• software
• branding
• logos
• designs
• layout
• text
• databases
• graphics and
• other proprietary content.

These materials remain owned by Touch.Town or its licensors.

Users must not copy, reproduce, reverse engineer or commercially exploit Touch.Town intellectual property except as permitted by law.

Touch.Town does not guarantee uninterrupted access to the Platform.

The Platform may occasionally be unavailable because of:

• maintenance
• technical problems
• upgrades
• internet outages
• security issues
• third-party failures or
• circumstances outside Touch.Town’s reasonable control.

Touch.Town may change, add, remove or update Platform functionality.

This may include changes to:

• search
• maps
• booking
• messaging
• reviews
• subscriptions
• Provider tools
• mobile functionality
• payment features and
• account systems.

Touch.Town does not guarantee Providers:

• bookings
• customers
• revenue
• income
• profit
• ranking
• visibility or
• business success.

Providers make their own commercial decisions about using the Platform.

Touch.Town does not guarantee Customers:

• that a Provider will accept a booking
• that displayed availability will remain current
• that a service will be available
• that a Provider will remain on Touch.Town or
• that an appointment will proceed.

Touch.Town does not guarantee that every statement made by a Provider is correct.

Providers are contractually required to provide accurate information.

Customers should conduct their own checks where a particular matter is important to them.

Users may report concerns to Touch.Town.

Reports may relate to:

• harassment
• unlawful activity
• suspected underage use
• false profiles
• unsafe behaviour
• fraud
• privacy misuse
• sexual misconduct
• serious service concerns or
• other breaches.

Touch.Town may investigate and take appropriate Platform action.

Touch.Town may review information reasonably relevant to suspected breaches, including:

• accounts
• profiles
• messages
• booking records
• reviews
• reports and
• Platform activity.

Touch.Town does not guarantee that it can determine exactly what occurred during an offline appointment.

Touch.Town may temporarily suspend or restrict an account where reasonably necessary.

Reasons may include:

• safety concerns
• suspected fraud
• suspected unlawful conduct
• serious complaints
• suspected underage use
• identity concerns
• account compromise or
• investigation of a significant breach.

Touch.Town may permanently terminate an account for serious or repeated breaches.

This may include:

• violence
• sexual misconduct
• services involving minors
• prostitution
• illegal services
• serious harassment
• stalking
• fraud
• repeated false accounts
• serious privacy breaches
• threats or
• attempts to avoid suspension.

Users may request closure of their account.

Touch.Town may retain certain information where reasonably necessary or legally required for:

• legal obligations
• booking records
• fraud prevention
• safety investigations
• disputes
• financial records or
• legal claims.

Touch.Town may preserve or disclose information where permitted or required by law.

This may include cooperation with:

• police
• courts
• regulators
• consumer authorities
• health complaint bodies and
• other lawful authorities.

Touch.Town is not an emergency service.

Where there is an immediate threat to life or safety, Users should contact the appropriate emergency service.

Users should not rely solely on reporting an incident through Touch.Town in an emergency.

Touch.Town may rely on third-party services such as:

• cloud hosting
• maps
• geolocation
• authentication
• messaging
• analytics
• email
• SMS
• payment processors and
• software infrastructure.

Touch.Town is not responsible for independent third-party services to the extent permitted by law.

Touch.Town may contain links to external websites or services.

Touch.Town does not control independent third-party websites and is not responsible for their:

• content
• availability
• privacy practices or
• services.

Nothing in these Terms excludes, restricts or modifies any right, consumer guarantee or remedy that cannot lawfully be excluded under the Australian Consumer Law or other applicable legislation.

Where consumer guarantees apply, they remain unaffected by these Terms.

To the maximum extent permitted by law, Touch.Town is not liable for loss, injury, damage, expense or dispute arising from the independent acts or omissions of Customers or Providers, including matters relating to:

• massage service quality
• massage technique
• Provider conduct
• Customer conduct
• Provider premises
• mobile-service locations
• payment disputes
• cancellations
• service outcomes
• Provider qualifications
• Provider insurance
• Provider business compliance
• personal injury
• property damage or
• other matters arising from the massage service itself.

Nothing in these Terms excludes liability that cannot lawfully be excluded.

To the maximum extent permitted by law, Users agree to indemnify Touch.Town and its officers, employees and related entities against claims, losses, liabilities and reasonable costs arising from:

• the User’s unlawful conduct
• breach of these Terms
• misuse of the Platform
• injury caused by the User’s acts or omissions
• fraud
• infringement of another person’s rights
• misuse of personal information or
• other serious misconduct.

This indemnity does not apply to the extent the relevant loss was caused by Touch.Town’s own negligence, unlawful conduct or another liability that cannot legally be excluded.

Touch.Town does not warrant that:

• the Platform will always be available
• Providers will always be available
• every profile is accurate
• every Customer or Provider will behave appropriately
• a particular massage will achieve a desired outcome or
• use of Touch.Town will be free from all risks.

Users should exercise reasonable care and judgment.

Touch.Town may update these Terms from time to time.

Material changes may be communicated through:

• the Platform
• email
• account notification or
• another reasonable method.

The updated Terms will display a revised “Last updated” date.

Continued use of Touch.Town after revised Terms take effect constitutes acceptance, subject to applicable law.

These Terms should be read together with:

• Touch.Town Service Provider Agreement
• Touch.Town Customer/User Agreement
• Touch.Town Privacy Policy
• Touch.Town Safety & Community Standards
• Touch.Town Cookie Policy, where applicable and
• any other Platform terms or policies.

Providers are also bound by the Service Provider Agreement.

Customers are also bound by the Customer/User Agreement.

If there is an inconsistency between these Terms and another Touch.Town document, the more specific document will generally apply to the particular issue.

For example:

• the Provider Agreement applies specifically to Providers
• the Customer/User Agreement applies specifically to Customers
• the Privacy Policy applies specifically to personal information
• the Safety & Community Standards apply specifically to conduct and safety.

Applicable law always takes priority.

If any part of these Terms is found to be invalid or unenforceable, it will be read down where possible.

If it cannot be read down, that part may be severed without affecting the remaining Terms.

If Touch.Town does not immediately enforce a right under these Terms, this does not mean Touch.Town has waived that right.

These Terms are governed by the laws of New South Wales, Australia.

Users submit to the jurisdiction of the courts and tribunals of New South Wales and courts with appellate jurisdiction, subject to any applicable law requiring otherwise.

Touch.Town

Operated by: Aus Deliver

SDM Group Pty Ltd

ABN: 54 121 107 999

Sydney, New South Wales, Australia

Email: support@touch.town

Website: touch.town