Terms & Conditions
1. BEHAVIOR
By using our platform, both providers and customers agree to:
- Treat each other with respect and courtesy.
- Communicate openly and honestly.
- Refrain from discriminatory, offensive, or harmful behavior.
- Abide by local laws and regulations while providing or receiving services.
2. GENERAL MATTERS
- Our platform connects providers offering home care services with customers seeking these services.
- We do not employ providers or directly provide home care services.
- Users are responsible for their actions and interactions on our platform.
- You acknowledge and agree that temporary interruptions of services may occur from time to time. We shall exercise reasonable care to prevent or minimize such interruptions.
3. DEFINITIONS
- Providers: Individuals or business offering home care services.
- Customers: Users seeking home care services.
- Platform: https://mozome.com, including the website and any associated mobile applications.
4. GENERAL CONDITIONS OF USE
- Users must be at least 18 years old to use our platform.
- Users agree to provide accurate and up-to-date information during registration.
- We reserve the right to suspend or terminate accounts for violations of these terms.
- Customer must explain Emergency procedures to Provider at job site.
- Personal Injury – Mozome accepts no responsibility for any injury incurred at the job site nor any subsequent cost related to that injury.
- Mozome takes no responsibility for the loss or damage to your personal property, including money or other valuable items.
- Provider must not undertake any illegal activity on job location.
- Provider/Customer must not record images of persons unaffiliated to you, unless it is with their prior consent and in the case of minors the prior consent must be from their legal guardians.
5. ORDERS AND ACCEPTANCE
- Customers can place orders for home care services through our platform.
- Providers can accept or decline orders at their discretion.
- Once accepted, an order forms a contract between the customer and provider.
6. WARRANTY
- We do not provide warranties for the quality or safety of home care services.
- Users are encouraged to review and discuss expectations before accepting or providing services.
- THE WARRANTY CONTAINED IN THIS SECTION IS IN LIEU OF, AND WE EXPRESSLY DISCLAIM, AND YOU HEREBY EXPRESSLY WAIVE, ALL OTHER EXPRESS WARRANTIES OR CONDITIONS, AND ALL OTHER WARRANTIES, CONDITIONS, AND OBLIGATIONS IMPLIED IN LAW, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE SHALL NOT BE RESPONSIBLE FOR ANY DAMAGES THAT MAY ARISE IN CONNECTION WITH THIS AGREEMENT.IN USING THE Mozome SERVICES, YOU SPECIFICALLY AGREE THAT YOU WILL NOT HOLD US OR OUR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, ADVISORS, AGENTS LICENSEES OR SUPPLIERS LIABLE FOR ANY DAMAGES OR INJURY OR LOSS, INCLUDING ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR LOST PROFITS, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE OR ANY ASPECT OF THE MOZOME SERVICES OR OTHERWISE RELATING TO OR ARISING OUT OF THE MOZOME SERVICES OR CONTENT, WHETHER IN AN ACTION FOR BREACH OF CONTRACT, NEGLIGENCE, PERSONAL INJURY OR OTHERWISE. WE SHALL NOT BE LIABLE EVEN IF WE , OR AN AUTHORISED REPRESENTATIVE, HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE PRODUCTS OR SERVICES, OR THESE TERMS OF USE, IS LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US IN CONNECTION WITH YOUR USE OF THE MOZOME SERVICES IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY.IN NO EVENT SHALL WE AND/OR OUR SUPPLIERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF USE, DATA OR PROFITS (HOWEVER ARISING, INCLUDING NEGLIGENCE) EVEN IF MOZOME OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES, ARISING OUT OF OR IN CONNECTION WITH
i) THE USE OR INABILITY TO USE THE MOZOME SERVICES,
ii) THE PROVISION OF OR FAILURE TO PROVIDE SERVICES,
iii) FOR ANY INFORMATION, PRODUCTS, SERVICES AND RELATED ADVICES OBTAINED THROUGH THE MOZOME SERVICES OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE,
iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE MOZOME SERVICES, OR
v) ANY OTHER MATTER RELATING TO THE SERVICE. - You agree to indemnify, defend and hold harmless Mozome and its affiliates, and each of their officers, directors, employees, consultants, advisors, agents and representatives from any and all claims, liability, damages, and costs (including, but not limited to, attorneys’ fees, costs and expenses) that result from, arise out of or are in any way connected with your use of the Mozome services, your breach of these T&C’s, or your infringement of any Mozome IP or other right of Mozome or any third party. These T&C’s will inure to the benefit of the parties and their successors, assigns, licensors and licensees.
7. CANCELLATION
- Customers can cancel orders within a specified time frame, as indicated on the platform.
- Providers may cancel orders under specific circumstances, which will be outlined in the platform’s policies.
8. PAYMENTS
- Payments for services are processed through our platform.
- Users agree to pay the agreed-upon fees for services.
- We may collect fees on behalf of providers and deduct a service fee.
- We reserve the right to change service prices at any time. In the event of such change, confirmed registrations will be honoured at the original price. Registrations confirmed by a purchase order within 10 days of a price increase will also be honoured at the original price.
- Prices do not include sales, use, service, value added or like taxes or customs duties (or GST). Such taxes and duties, when applicable, will be added to our invoices.
9. INTELLECTUAL PROPERTY
- Our platform’s content and design are protected by intellectual property laws.
- Users may not reproduce, distribute, or use our content without permission.
10. REMEDIES AND LIABILITIES
- We are not liable for the quality or outcomes of home care services.
- Users are encouraged to resolve disputes amicably, and we may assist in dispute resolution.
- Mozome’s total aggregate liability to You for any reason and upon all claims and causes of action hereunder will be limited to the amount of fees paid by You for the Mozome Services giving rise to the claim or cause of action. This limitation applies to all causes of action or claims including without limitation breach of contract, breach of warranty, negligence, strict liability or other torts. In no event will Mozome be liable for any consequential, special, indirect, incidental or punitive damages, including without limitation loss of data, loss of profits or loss of savings or revenue, even if it has been advised of the possibility of such damages.
- In no event will any cause of action be brought against Mozome more than one year after the cause of action has accrued.
- The remedies in these T&Cs are your sole and exclusive remedies.
- The parties understand and agree that, to the extent permitted by applicable law, the foregoing exclusions and limitations of liability represent the parties’ agreement as to the allocation of risk between them in connection with their respective obligations hereunder. The fees payable to us reflect and are set in reliance upon, this allocation of risk and the exclusions and limitations of liability outlined in these terms and conditions.
- Disputes arising in connection with these T&Cs will be governed by the laws of New South Wales, Australia.
- If any term or provision herein is determined to be illegal or unenforceable, the validity or enforceability of the remainder of the terms or provisions herein will remain in full force and effect.
- Neither party’s failure to exercise any of its rights under these T&Cs will constitute or be deemed a waiver or forfeiture of those rights.
- These T&Cs and, any applicable amendment, constitute the entire Agreement between us and supersede any previous communications, representations or agreements between the parties, whether oral or written, regarding transactions hereunder. Your purchase will constitute your acceptance of these T&Cs which T&Cs may not be changed except by an amendment signed by an authorized representative of each party.