mPhyt Terms and Conditions of Use

1. About mPhyt

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:

  • General Support: Companionship, Social activities and outings, Transportation, Assistance with appointments, Personal errands, Walks and light exercise, Simple IT and technology support and Personal Assistant (Admin)
  • Domestic Assistance: Meal preparation, Cleaning, Laundry & Ironing, Home maintenance, Gardening and Shopping.
  • Personal care: Showering, Dressing, Grooming, Toileting, Assistance with eating, Hoist, transfers and mobility, Vital signs monitoring, Assist with Medication, Light Massage, Exercise Assistance.

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. Acceptance of the Terms

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. Membership

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:

  • You are at least 18 years old
  • You have the right, authority and capacity to enter into this agreement
  • The information you provide is accurate, complete and up-to-date
  • You will update any change to your information
  • As a Provider, you are and will continue to be an Australian citizen and/or a person legally authorised to work in Australia.
  • You will abide by all the terms and conditions of this agreement, all of mPhyt's policies and any relevant Code of Ethical Behaviour that applies to you as a Provider or a Customer.
  • Neither you, nor anyone in your household
    • has been the subject of a complaint restraining order or any other legal action, arrested for, charged with or convicted of any criminal offense; or
    • has been and/or is currently required to register as a sex offender in any jurisdiction or with any governmental entity.

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. Becoming a Member

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. Your obligations as a Member

5.1. As a Member, you agree to comply with the following:

  • (a) you will use the Services only for purposes that are permitted by:
    • (i) the Terms; and
    • (ii) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
  • (b) you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services;
  • (c) any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify mPhyt of any unauthorised use of your password or email address or any breach of security of which you have become aware;
  • (d) access and use of the Application is limited, non-transferable and allows for the sole use of the Application by you for the purposes of mPhyt providing the Services;
  • (e) you will not use the Services or the Platform in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of mPhyt;
  • (f) you will not use the Services or Platform for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Application;
  • (g) you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Platform without notice and may result in termination of the Services. Appropriate legal action will be taken by mPhyt for any illegal or unauthorised use of the Platform;
  • (h) you acknowledge and agree that any automated use of the Platform or its Services is prohibited.

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. For those seeking services

6.1. Before you can find a mPhyt Pro we ask you to do the following:

  • Complete your profile with needs and preferences.
  • Upload or provide a recent photo, so our mPhyt Pros will know who they are caring for. Only the mPhyt Pros you accept will be able to see your picture.
  • Upload valid credit card details in your account.

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. For those providing services

7.1. Before you can accept a job as a mPhyt Pro we ask you to do the following:

  • Complete your profile with needs and preferences.
  • Upload or provide a recent photo, so our Customers will know who you are. Your profile picture will be visible for every member of the platform seeking for services.
  • Upload your bank account details in your account.

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:

  • mPhyt does not currently offer transportation incentives to mPhyt Pros.
  • mPhyt verifies that all mPhyt Pros providing transport have a valid driver's license and records their cars registration number. This information is verified by mPhyt annually. It is important that Customer receiving the service also verify that the mPhyt Pros have their valid Green slip insurance and valid driver's license as additional precaution.
  • As a mPhyt Pro, you agree to notify mPhyt of any medical condition, license cancellation or other restriction that may affect your ability to transport customers.
  • In order to provide transportation to customers, your vehicle must have: First aid kit, no smoking policy, no eating and driving policy, no drinking and driving policy.

8. Payment

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

  • (a) Credit Card Payment ('Credit Card')
  • (b) PayPal Australia Pty Limited (ABN 93 111 195 389) ('PayPal')
  • (c) Bank Account payment ('Bank Account')

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. Refund Policy

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. Copyright and Intellectual Property

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:

  • (a) use the Application pursuant to the Terms;
  • (b) copy and store the Application and the material contained in the Application in your device's cache memory; and
  • (c) print pages from the Application for your own personal and non-commercial use.
mPhyt does not grant you any other rights whatsoever in relation to the Platform or the Services. All other rights are expressly reserved by mPhyt.

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:

  • (a) business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
  • (b) a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
  • (c) a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process), to you.

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.

11. Privacy

11.1. mPhyt takes your privacy seriously and any information provided through your use of the Platform, Services and/or any mPhyt related product are subject to mPhyt's Privacy Policy, which is available on the website.

12. General Disclaimer

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:

  • (a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
  • " (b) mPhyt will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

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:

  • (a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
  • (b) the accuracy, suitability or currency of any information on the Application, the Services, or any of its Services related products (including third party material and advertisements on the Platform);
  • (c) costs incurred as a result of you using the Platform, the Services or any of the products of mPhyt; and
  • (d) the Services or operation in respect to links which are provided for your convenience.

13. Competitors

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. Limitation of liability

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. Termination of Contract

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:

  • (a) not renewing the Membership prior to the end of the Membership Period;
  • (b) providing mPhyt with 7 days' notice of your intention to terminate; and
  • (c) closing your accounts for all of the services which you use, where mPhyt has made this option available to you.
Your notice should be sent, in writing, to mPhyt via the 'Contact Us' link on our homepage.

15.3. mPhyt may at any time, terminate the Terms with you if:

  • (a) you do not renew the Membership at the end of the Membership Period;
  • (b) you have breached any provision of the Terms or intend to breach any provision;
  • (c) mPhyt is required to do so by law;
  • (d) the provision of the Services to you by mPhyt is, in the opinion of mPhyt, no longer commercially viable.

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. Indemnity

16.1. You agree to indemnify mPhyt, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:

  • (a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with Your Content;
  • (b) any direct or indirect consequences of you accessing, using or transacting on the Application or attempts to do so; and/or
  • (c) any breach of the Terms.

17. Dispute Resolution

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:

  • (a) Within 12 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
  • (b) If for any reason whatsoever, 5 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Australian Mediation Association or his or her nominee;
  • (c) The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
  • (d) The mediation will be held in New South Wales, Australia.

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. Venue and Jurisdiction

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. Governing Law

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. Independent Legal Advice

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. Severance

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.

mPhyt Terms and Conditions last updated on 19 October 2017