1.1 Welcome to mPhyt (the 'Platform'). mPhyt is a Data-Empowered Home Care Platform that connects older people and their relatives with the right on-demand healthcare, home support team and community services, driven by technology (the 'Services').
1.2 The Platform is operated by mPhyt Pty Ltd (ACN 13620291349). Access to and use of the Platform, or any of its associated Products or Services, is provided by mPhyt Pty Ltd. Please read these terms and conditions (the 'Terms') carefully. By using and/or browsing the Platform, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Platform, or any of its Services, immediately.
1.3. mPhyt connect Customers with Providers suggesting providers to Customers based on the information provided by both parts for that purpose.
1.4. mPhyt does not provide for Home Care Services. Older people and/or their relatives seeking for services solely decide to hire Providers and Providers solely decides whether to accept an offer from a Customer to provide services.
1.5. The services offered by a Provider through mPhyt are:
1.6 mPhyt reserves the right to review and change any of the Terms by updating this page at its sole discretion. When mPhyt updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
2.1. You accept the Terms by using or browsing the Platform. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by mPhyt in the user interface.
3.1 In order to find work as a mPhyt Pro or find a mPhyt Pro you must register and become a member of the Platform as either a Customer or a Provider.
3.2. By using the platform, you represent and warrant that:
3.3. We reserve the right to accept or refuse any application to use the Platform or the Services.
3.4. The Platform is for the personal use of individual members only. The Platform must not be used for commercial endeavours, including advertising, selling or hiring products or services, collecting names and/or email addresses or sending unsolicited emails without our express consent.
4.1. A Customer or a Provider who wishes to use the Services available to a Member is required to set up a mPhyt Account.
4.2. When setting up your account, as part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself, such as identification or contact details, preferences and health information, among others.
4.3. You warrant that any information you give to mPhyt in the course of completing the registration process will always be accurate, correct and up to date.
4.4. Once you have completed the registration process, you will be a registered member of the Platform ('Member') and agree to be bound by the Terms. As a Member you will be granted immediate access to the Services from the time you have completed the registration process until the subscription period expires (the 'Subscription Period').
4.5. You may not transfer or share your mPhyt account credentials with any other person
4.6. You are solely responsible for maintaining the confidentiality of your mPhyt account credentials
4.7. You acknowledge and agree that we rely on account credentials to know whether Customers or Providers accessing the Platform and using the Services are authorised to do so.
4.8. If someone accesses our Platform or Services using your mPhyt account credentials, we will rely on the account credentials; and assume that it is you who is accessing the Platform and Services.
4.9. If you create a mPhyt Account on behalf of a third party, you represent that you have the authority to represent such third party and bind the third party to this Agreement.
5.1. As a Member, you agree to comply with the following:
5.2. All mPhyt members are required to observe and comply with our regulations, policies and procedures
5.3. If something unexpected happens during a shift, we expect our members to report any accident, incident, injuries or other issues to the mPhyt management as soon as possible.
5.4. mPhyt Pros are free to seek additional employment or professional activities outside their commitment to mPhyt. However, this outside employment must not adversely affect performance or create a conflict of interest with obligations and duties in relation to employment with mPhyt.
5.5. Making bookings outside the mPhyt platform in between our members is a breach of our casual employment contract and client service agreement. These won't be tolerated and may result in the deactivation of your mPhyt profile. It's worth to notice that any work provided by a mPhyt Pro outside the mPhyt platform will not be covered by our insurance or payroll and invoice process, both of which are vital for your safety and security, and will not inform your family and will not update your wellbeing index. A mPhyt Pro working outside our platform will not have access to our technology.
5.6. If a member seeking care is approaching by a member providing care and asking to take work outside the mPhyt platform we encourage you to contact the mPhyt staff immediately.
5.7. It's your responsibility to conduct yourself appropriately on the platform as well as whilst you are receiving or providing care. If you don't we will must remove you as a member.
6.1. Before you can find a mPhyt Pro we ask you to do the following:
6.2. Once you will be ready to book a service, you will choose the service you want and the dates you need. mPhyt will propose you providers that match your needs and preferences. It is your responsibility to select one of the providers suggested to you.
6.3. Even if we have checked our mPhyt Pros prior to be enlisted on the platform, we do not guarantee the suitability, conduct or quality of any of them. As independent contractors, the mPhyt Pros are responsible for their own actions and conducts, even if they are asked to follow our policies and procedures.
6.4. We are not responsible for the conduct of any member on the platform, either online or offline.
7.1. Before you can accept a job as a mPhyt Pro we ask you to do the following:
7.2. Once you will be ready to provide a service, you will be matched with a Customer according to your preferences. It is your responsibility to accept or reject a customer that have been matched to you.
7.3. At mPhyt we do not guarantee the suitability, conduct or quality of any of our customers. The Customers are responsible for their own actions and conducts, even if they are asked to follow our policies and procedures.
7.4. We are not responsible for the conduct of any member on the platform, either online or offline.
7.5. If you are providing transport services, you need to know:
8.1. The access to our platform, and the creation of your profile and wellbeing index is available free of charge to our Members.
8.2. However, by becoming a Member, the Customer agrees to pay mPhyt each service provided. mPhyt will accept on behalf the mPhyt Pro the payment and will deduct a transaction fee under the terms described on this agreement.
8.3. mPhyt reserves the right, at any time, to modify its fees and/or billing methods as notified on the website.
8.4. Immediately after providing a Home Care Service, or at the end of each, Invoices are generated by the Platform on behalf of the mPhyt Pro for the Service Fee.
8.5. If the Customer approves or is deemed to have approved the invoice by not rejecting the Invoice within the expiration of the review period (being 24 hours following performance of the Home Care Service), mPhyt, will accept the Invoice as being approved by the Customer.
8.6. Where the option is given to you, you may make payment of Service by way of
8.7. All payments made in the course of your use of the Services are made using the above methods. In using the Platform, the Services or when making any payment in relation to your use of the Services, you warrant that you have read, understood and agree to be bound by the payment terms and conditions which are available on the Application.
8.8. You acknowledge and agree that where a request for the payment of the Service Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Service Fee.
8.9. Once a mPhyt Pro will provide a Service, mPhyt will pay him/her the amount charged to the customer less a transaction fee that includes mPhyt fees and Insurance fees.
8.10. Each mPhyt Pro and Customer is solely responsible for the accuracy of his or her bank account or credit card details that it provides to mPhyt, including the bank account number and BSB number, or the credit card details.
9.1 mPhyt will only provide you with a refund of the Service Fee in the event they are unable to continue to provide the Services or if the manager of mPhyt makes a decision, at its absolute discretion, that it is reasonable to do so under the circumstances. Where this occurs, the refund will be in the proportional amount of the Service Fee that remains unused by the Member (the 'Refund').
10.1. The Platform, the Services and all of the related products of mPhyt are subject to copyright. The material on the Application is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Platform or related mPhyt products (including but not limited to text, graphics, logos, button icons, video images, audio clips, Application, code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by mPhyt or its contributors.
10.2. All trademarks, service marks and trade names are owned, registered and/or licensed by mPhyt, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:
10.3. mPhyt retains all rights, title and interest in and to the Platform and all related Services. Nothing you do on or in relation to the Platform or any mPhyt related products will transfer any:
10.4. You may not, without the prior written permission of mPhyt and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Platform which are freely available for re-use or are in the public domain.
12.1. Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
12.2. Subject to this clause, and to the extent permitted by law:
12.3. Use of the Platform and the Services is at your own risk. Everything on the Platform and the Services is provided to you "as is" and "as available" without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of mPhyt make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of mPhyt) referred to on the Platform. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
13.1. If you are in the business of providing similar Services for the purpose of providing them to users for a commercial gain, whether business users or domestic users, then you are a competitor of mPhyt. Competitors are not permitted to use or access any information or content on our Application. If you breach this provision, mPhyt will hold you fully responsible for any loss that we may sustain and hold you accountable for all profits that you might make from such a breach.
14.1. mPhyt's total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.
14.2. You expressly understand and agree that mPhyt, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
15.1. The Terms will continue to apply until terminated by either you or by mPhyt as set out below.
15.2. If you want to terminate the Terms, you may do so by:
15.3. mPhyt may at any time, terminate the Terms with you if:
15.4. Subject to local applicable laws, mPhyt reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Platform or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts mPhyt's name or reputation or violates the rights of those of another party.
16.1. You agree to indemnify mPhyt, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
17.1. Compulsory: If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
17.2. Notice: A party to the Terms claiming a dispute ('Dispute') has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
17.3. Resolution: On receipt of that notice ('Notice') by that other party, the parties to the Terms ('Parties') must:
17.4. Confidential: All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.
17.5. Termination of Mediation: If 3 months have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
18.1. The Services offered by mPhyt is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Platform, you agree that the exclusive venue for resolving any dispute shall be in the courts of New South Wales, Australia.
19.1. The Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
20.1. Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
21.1. If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.