mPhyt Terms and Conditions of Use

1. About mPhyt

1.1 Welcome to mPhyt (the 'Platform'). mPhyt is a Digital Concierge and Lifestyle Services Platform that connects older people and their family members with services and activities in their community, all of this, 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 does not provide services and activities. Seniors and/or their family members seeking for services and activities solely decide to hire Providers and Providers solely decides whether to accept an offer from a Customer to provide services.

1.4. By using the mPhyt platform, you will be able to perform the following actions:

  • Request other services and activities that you would like to receive/perform through your mPhyt personal concierge.
  • Review and book services and activities in your village
  • Receive information about how to improve your wellbeing
  • Receive wellbeing and health news related to your interests
  • Review detailed information and book services and activities that are useful to improve your wellbeing and that suit your needs, preferences, personality and wellbeing status
  • Learn from your wellbeing status
  • Invite your family members to chat with you or videocall them through our platform.
  • Review the services and activities you already have performed
  • Perform auto check-ins to update your wellbeing index

1.5. The services & activities you could have access through the mPhyt concierge are:

  • General Support: Transportation, companionship, assistance with appointments, personal errands, simple IT and technology support, hairdressing, massage therapists, medication delivery.
  • Domestic Assistance: Meal preparation, cleaning, laundry & ironing, home maintenance, gardening and shopping.
  • Leisure & Travel: Travel, vacations and get away weekends. Restaurant bookings, tickets for concerts, spa booking, exercise programs and other social activities
  • Personal care: Showering, dressing, grooming, toileting, assistance with eating, hoist, transfers and mobility, vital signs monitoring, assist with Medication.
  • Healthcare: Dietitian, medical doctor, nurse, occupational therapist, physiotherapist, speech pathologist in-consultation or in-home appointment bookings.

1.6 mPhyt reserves the right to review and change any of the Terms by updating this document 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 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 use the mPhyt Platform you must register and become a member of the Platform.

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
  • 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 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 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 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 while receiving a service or performing an activity, we expect our members to report any accident, incident, injuries or other issues to the mPhyt management as soon as possible.

5.4. If a member seeking Services is approaching by a member providing those and asking to take work outside the mPhyt platform we encourage you to contact the mPhyt staff immediately.

5.5. It's your responsibility to conduct yourself appropriately on the platform as well as whilst you are receiving or providing Services. If you don't we will must remove you as a member.

5.6. While using the mPhyt app, different data about your behaviour on the platform and requests will be registered. Additionally, we will collect data provided by you or your family members about the different domains of your wellbeing. This information will be used to update your wellbeing index and reports. Some data about all the participants will be used to create reports. The data used in this context will not compromise your identity and will be anonymised. mPhyt is following national and international standards for data security, to give you a better peace of mind.

5.7. If you decide to not be using our platform, mPhyt will not collect additional personal information from you, although personal information already collected will be retained.

6. For those seeking services & activities

6.1. Before using the mPhyt Services we ask you to do the following:

  • Complete your profile with needs and preferences.
  • Upload or provide a recent photo, so our staff will know who they are caring for. Only the mPhyt Staff will be able to see your picture.

6.2. Once you or your family members will be ready to use the platform, you will ask the concierge system for the service or activity you want with your specific requirements. 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 the Providers prior to be enlisted on the platform, we do not guarantee the suitability, conduct or quality of any of them. As independent contractors, the Providers 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 be listed as a provider, we ask you to do the following:

  • Provide us the information to complete your profile.
  • 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.

7.2. Once you will be ready to provide a service or activity, we will suggest your services and/or activities to our Customers according to their preferences.

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.
  • mPhyt verifies that all transport Providers 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 Providers have their valid Green slip insurance and valid driver's license as additional precaution.
  • As a Provider, 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. Copyright and Intellectual Property

8.1. 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.

8.2. 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.

8.3. 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.

8.4. 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.

9. Privacy

9.1 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.

10. General Disclaimer

10.1. 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.

10.2. 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.

10.3. 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.

11. Complaints and compensation

11.1. The parties involved agreed that the services and activities listed in the platform are not provided by mPhyt but are instead provided by third parties over whom mPhyt do not have control. It is your responsibility to satisfy yourself that you wish to obtain any service before doing so. Before making a decision to book or purchase a service, you should consult the relevant service information. The presence of a service or activity on our platform does not constitute an endorsement by us of the provider, service, the content of the provider's website, or the activities of the provider.

11.2 mPhyt is not responsible or liable for any loss or damage you or any third party may suffer or incur in connection with any service you obtain after using our platform or for any acts, omissions, errors or defaults of any third party in connection with that service.

11.3 All the providers listed in our platform are required to have their insurance and being a registered business.

11.4 If you have any complain about the services or activities performed by providers listed on the mPhyt platform, you can contact the mPhyt team at the email and we will assist you in your query.

12. Limitation of liability

12.1. 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.

12.2 You expressly understand and agree that mPhyt, its affiliates, directors, 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.

13. Termination of Contract

13.1. The Terms will continue to apply until terminated by either you or by mPhyt as set out below.

13.2 If you want to terminate the Terms, you may do so by closing your accounts for all of the services which you use, where mPhyt has made this option available to you.

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

  • (a) you have breached any provision of the Terms or intend to breach any provision;
  • (b) mPhyt is required to do so by law;
  • (c) the provision of the Services to you by mPhyt is, in the opinion of mPhyt, no longer commercially viable.

13.4 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.

14. Indemnity

14.1. 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.

15. Dispute Resolution

15.1. 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).

15.2. 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.

15.3. 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.

15.4. 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.

15.5 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.

16. Venue and Jurisdiction

16.1 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.

17. Governing Law

17.1 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.

18. Independent Legal Advice

18.1 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.

19. Severance

19.1 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 & Conditions last updated on 07 May 2018