TERMS AND CONDITIONS

This website (www.mobilemassageandwellness.com.au) belongs to INLMK Pty Ltd trading as ‘Mobile Massage and Wellness’ (ABN 47 673 426 714) (‘MMW’, ‘we’, ‘our’ or ‘us’).

This page sets out:

1. Terms of Services;
2.Reimbursement policy; and
3.Website terms and conditions.

If you access and use our website, Platform, Apps, you are taken to have agreed to these Terms and Conditions.

If you have any questions, please contact us via email at info@mobilemassageandwellness.com.au.

At MMW, we are dedicated to connecting professional massage and wellness service providers (service providers) with customers across Australia. Our modern, secure, online website, platform and Apps allow us to link you with personalised, professional massage and wellness providers from the comfort of your own home, no matter where you are in the country.

1. TERMS OF SERVICES

What Services do you offer?

We serve as a Platform software connecting customers with a network of professional massage, beauty, and wellness service providers. While we do not directly provide massage and wellness services, our user-friendly platform enables you to get access to, book, choose the service and price, and pay for appointments with our accredited service providers.

You acknowledge that MMW is not a massage, beauty and wellness services provider . All massage and wellness services and agreed treatment plans are provided by qualified third-party service providers who are not employed by MMW. MMW makes no representations as to the safety or quality of the services, the equipment used in the services, and the conditions of any products used by the service provider for the services.

Registration and client accounts

To submit an appointment request, create and register a client account through our website or our mobile app.

You confirm that you are at least 18 years old and have the legal right to use the website in accordance with these Terms.

You agree to provide accurate, current, and complete information during the registration process.

You are responsible for maintaining the security of your client account and password.

You may not share your client account with others, and you agree not to sell or transfer your account to another party.

How much will I pay for the appointment?

The cost of each appointment varies depending on the particular service provider, the services provided, booking length, date and time, and the nominated location of the services. The cost of the service will be confirmed at the time of booking.

The service rates are not final and are subject to change from time to time and you acknowledge that MMW is under no obligation to notify you of the change. For a more accurate quote, request specific pricing information at the point of booking.

How can I pay for the appointment and Services?

Fees are privately billed, and payment can be made by credit card via our secure payment gateway.

Payments made by Visa or MasterCard will be subject to a surcharge.

We require payment immediately upon acceptance of your scheduled appointment with the service provider. You must ensure there are sufficient funds available for debit at that time of payment. Any fees and charges incurred due to insufficient funds at the time of debit will be passed on to you. If there are issues with your payment, we will promptly contact you to resolve the issue. If we are unable to resolve the issue, your appointment will be cancelled, and you will be notified by email or a mobile app notification.

Any surcharge from our third-party payment system will be passed onto you at the time of payment. The amount of these surcharges may vary, as they are set solely by the payment provider. You agree that MMW are not liable for any damage or other issues that may arise as a result of the surcharge.

Why have I received an email regarding changes to my appointment?

Due to unforeseen circumstances or scheduling conflicts, it may be necessary to change the date, time, or platform of your appointment. In such a case, the service provider who accepted your booking request will directly notify you of any changes in a timely manner.

If the service provider is unable to fulfil a scheduled booking (in full or in part), your booking request details will be reloaded onto the website and distributed among the MMW-qualified service providers database and network to secure an alternative service provider.

If an alternative service provider cannot be secured from within our network, you will be prompted to request a new time and date for the booking. Should no suitable alternative be found, you will have the option to cancel the booking or receive a refund to your registered payment method, minus any applicable third-party fees.

If you provided an alternative date and time for your scheduled booking at the time of booking, your appointment will automatically be transferred to that date and time. If you wish to amend the alternative booking, you must follow MMW’s refund, cancellation or re-booking policy.

Can I cancel or modify my appointment date?

Should you wish to change your appointment date after payment has been processed, contact the service provider who accepted your booking request. They will try their best to accommodate your request.

You must provide a minimum of 24 hours’ notice to your service provider for a fee free change or cancellation request. Notice provided within 24 hours but greater than 5 hours of your booking is subject to a 50% cancellation fee, unless your request is approved by the service provider

Cancellations or amendments made within 5 hours of your scheduled booking will be subject to the full cancellation fee (100% of the service fee).

Other circumstances that may result in a full cancellation fee include, but are not limited to, the following:-

1. failing to arrive within 20 minutes of the scheduled start time
2. denying the service provider access to the agreed location
3. failing to disclose pre-existing conditions and/or injuries;
4. creating an unsafe working environment for the service provider instances where certain appointments cannot be modified, for example, special arrangements agreed with the service provider in advance requiring the preparation of specific materials or equipment; or
5. the service provider is already on their way to the agreed location, has arrived, or has commenced the session.

Force Majeure

We are not liable to you for any loss, damage or expense caused by any failure or delay in the delivery of services by the service provider who accepted your booking request due to circumstances beyond our control, including but not limited to fire, flood, tempest, earthquake, pandemic (including COVID-19), epidemic or other acts of God, riot, civil disturbance, theft, crime, strike, lockout, breakdown, war, any supply chain issues or any other matter beyond our control.

Applicable law

You acknowledge that the laws of New South Wales, Australia, without regard to principles of conflict of laws, govern your use of our website and the services we and the service providers provide to you.

2. REIMBURSEMENT POLICY

In case a booking date and time cannot be confirmed by the service provider on the Platform, you will be reimbursed for both the Service Fee and the Platform Fee.

If the service provider fails to show up at the Property during the scheduled booking time or fails to complete the service, resulting in any portion of the Service Fee being held by MMW on behalf of the service provider, a refund may be issued to the Customer, minus any applicable third-party fees.

Failure to complete a Booking by not arriving at the Property within the specified timeframe or not completing the Service for the full-Service Time will not be considered successful completion of the Services. MMW will defer to the Customer's direction in determining whether the service provider is entitled to receive all or part of the Service Fee for the respective Booking.

The decision made in this matter is conclusive and not open to review or negotiation. Additional details regarding the Booking may be required from the service provider, based on information gathered by MMW from Platform data related to the Booking, before any determination is made regarding Service Fee payment.

The decision will be communicated digitally to the service provider through the Platform. If the Customer qualifies for a refund of the Service Fee and/or the Platform Fee, MMW will endeavour to process the refund within two business days of the refund eligibility, minus any applicable third-party fees.

3. WEBSITE TERMS OF USE

Intellectual Property Rights

Our website, Platform, Apps contains intellectual property (including copyrights, trademarks, and other proprietary information) owned by MMW and third parties.

We and our third-party partners retain all rights, titles and interests in our website and all related content. Nothing you do on or in relation to the website grants you any rights or transfers any ownership to you, including:

1. the business name, trading name, domain name, trademark, industrial design, patent, registered design, or copyright;
2. the right to use or exploit a business name, trading name, domain name, trademark, or industrial design; or
3. any system or process that is the subject of a patent, or copyright (including adaptations or modifications of such systems or processes), owned by MMW or any third party.

General information

When you visit our website, www.mobilemassageandwellness.com.au, we may collect certain information including but not limited to browser type, operating system, website visited immediately before coming to our site, etc. This information is used in an aggregated manner to analyse how people use our site and make informed decisions to enhance our user experience and improve our service.

Links to Third Party Websites

Our website may contain links to other websites for your convenience. These links are provided solely for your convenience and do not imply or constitute sponsorship, endorsement, or approval of the linked websites. Please be aware that we are not responsible for the privacy practices or content of third-party websites. We encourage our users to be aware when they click on a link and leave our website to read and review the privacy statements and terms of use of each linked website, as they may collect and handle personally identifiable information in a different manner. This privacy policy applies solely to information collected by and on this website.

Content and service descriptions

The content and service descriptions provided on our website are intended to be informative and helpful. We do not warrant or guarantee that any such content it is accurate, complete, reliable, current, or error-free.

We may change or update any content on our website at any time without prior notice. We reserve the right to modify, amend, or remove any content or service descriptions on our website at our discretion.

Reviews and comments

Subject to your compliance with these terms, you may post reviews and comments when visiting our website or social media pages. However, you are expected you to adhere to certain guidelines and standards when expressing your opinions or sharing your feedback.

If your reviews or comments contain defamatory, misleading, or false statements, are threatening, aggressive or contain obscenities, or are otherwise contrary to the relevant social media platform’s content or other rules and guidelines, we reserve the right to remove such reviews and comments and revoke your access to our website and social media pages.

We also reserve the right to remove, edit or modify any content that you post on our website or social media pages. You acknowledge that any content posted by you on our website or social media pages becomes our property. For this purpose, you are hereby granting us a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, distribute and display such content in any way we see fit, throughout the world and in any media.

You agree to indemnify us for all and/or any claims made against us resulting from your reviews or comments on our website or social media pages.

YYou acknowledge that we are not the author of any reviews or comments on our website or social media pages by you or any third party. We shall not be responsible, and we do not assume any liability for any content posted by you or any third party.

If you are concerned about any reviews or comments, please contact us at info@mobilemassageandwellness.com.au

Client account security

For security purposes, you must not share your client account login details with anyone else.

If you use this site, you agree to take full responsibility for maintaining the confidentiality of your client account and password. Additionally, you agree to restrict access to your computer or device to prevent unauthorised use of your account. You acknowledge and accept that you are solely responsible for all activities that occur under your client account or password and any action taken or information accessed using your account will be attributed to you.

We reserve the right to terminate your client account at any time and at our sole discretion.

Credit Card Information

WWe do not store any credit card information that you provide. If payments are made via our website, they are securely managed by our third-party payment gateway vendor in compliance with relevant standards.

Suspending or terminating site access

We may suspend or terminate your access to and use of our website without notice if you are found or even suspected to be in breach of these terms.

Viruses

We make every attempt to ensure our website is free of viruses and other malicious code which may affect your computer systems. However, your access to and use of the website is at your own risk. You must take your own precautions to protect your computer systems against any viruses and other malicious code. We shall not be liable for any damages or losses resulting from viruses or other malicious code that may affect your computer systems.

Cyber security

To protect yourself against potential fraud or unauthorised payment requests, you must take appropriate steps to ensure that any requests for payment purporting to be from MMW are genuine, including by calling or emailing us to request confirmation.

MMW are not liable for any lost funds, scams or payments made to any incorrect entities or persons. It is your sole responsibility to ensure that all payments are made directly to MMW.

Contact Us

If you have any questions or concerns regarding our Terms of Services, Reimbursement Policy, or Website Terms of Use, please contact us at info@mobilemassageandwellness.com.au and we will endeavour to respond as soon as possible.

How can I make a complaint?

If you wish to make a complaint related to the MMW platform’s technical issues or website functionality, please submit details of your complaint to info@mobilemassageandwellness.com.au. You may also be able to submit your complaint through a form available on the mobile app, platform and/or website.

We will investigate and respond as soon as possible after receiving written notice of your complaint.

If you wish to make a complaint regarding the services you have received from a service provider, please contact the service provider directly. Any complaints received by MMW relating to a service provided will be forwarded to the appropriate service provider for their attention and response.

You will also have the option to block a provider from your list of available providers on the mobile app, or in your website account.

Changes to Terms and Conditions

We reserve the right to change, modify, and/or update any of these Terms and Conditions from time to time and without prior notice to you. Any changes made to the Terms and Conditions will be published on our website. We recommend you periodically review the Terms and Conditions on our website.