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:
1.5. The services & activities you could have access through the mPhyt concierge are:
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.
2.1. 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.
3.1 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:
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 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.
5.1. 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 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.
6.1. Before using the mPhyt Services we ask you to do the following:
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.
7.1. Before you can be listed as a provider, we ask you to do the following:
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:
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:
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:
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.
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:
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:
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 firstname.lastname@example.org and we will assist you in your query.
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.
13.1. 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:
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.
14.1. You agree to indemnify mPhyt, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
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:
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.
16.1 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.
17.1 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.
18.1 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.
19.1 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