Terms and Conditions
These Terms and Conditions govern your access to and use of the Mise Systems Pty Ltd application and platform (the App). If you use the App as a business, the Business Terms and Conditions apply instead.
By accessing or using the App, you acknowledge that you have read and understood these Terms and Conditions and agree to be bound by them, subject to your rights under the Competition and Consumer Act 2010 (Cth), including the Australian Consumer Law (ACL), and any other applicable Australian laws.
1. Acceptance of Terms
- By accessing or using the App, you agree to these Terms and Conditions.
- If you do not agree to these Terms and Conditions, you must not use the App.
- Nothing in these Terms and Conditions is intended to exclude, restrict or modify any consumer guarantee, right or remedy that cannot lawfully be excluded, restricted or modified under the ACL or any other applicable law.
2. Description of the Service
Mise Systems Pty Ltd provides a platform that allows users to:
- search for businesses that are registered with the App;
- view available services and appointment information;
- request and make appointments with participating businesses;
- make payments through the App where payment functionality is available; and
- receive information and notifications relating to appointments, payments and transactions.
Mise Systems Pty Ltd operates the technology platform connecting customers with participating businesses.
Unless expressly stated otherwise, the business providing the relevant service is responsible for delivering that service to the customer, including the quality, availability and suitability of the service.
3. User Information and Accounts
- Users must provide information that is accurate, complete and current when using the App, including any information reasonably required to facilitate an appointment or payment.
- Users are responsible for maintaining the confidentiality and security of their account credentials and must notify Mise Systems Pty Ltd if they believe their account has been accessed or used without authorisation.
4. Bookings and Appointments
- A booking or appointment request submitted through the App may be subject to acceptance by the relevant business.
- A booking request is not necessarily confirmed until it has been accepted or otherwise confirmed through the App.
- Businesses may accept or decline booking requests based on their availability, scheduling requirements or other legitimate business reasons.
- Where a business is unable to accept a booking, Mise Systems Pty Ltd or the relevant business will notify the customer as soon as reasonably practicable.
- Where a booking has been declined or cancelled by the business after payment has been made, the applicable refund will be processed in accordance with Section 7 of these Terms and Conditions.
5. Booking, Processing Fees, Transaction Fees and Payments
5.1 Processing Fee
- A processing fee may apply to bookings made through the Mise Systems platform.
- The processing fee may be payable by either the customer or the participating business, depending on the applicable booking and fee arrangement.
- The party responsible for paying the processing fee and the applicable amount will be clearly displayed before the booking or transaction is completed.
- Unless otherwise stated, the processing fee is inclusive of GST.
5.2 Transaction Fee
- A non-refundable 6% transaction fee applies to all transactions and bookings processed through the Mise Systems platform, unless cancelled prior to the applicable cancellation window (see Section 7.2).
- The transaction fee is calculated based on the total booking or transaction amount.
- The transaction fee supports the operation, security, and maintenance of the platform, including secure payment processing (via Stripe) and technical support.
- Unless stated otherwise, the transaction fee is inclusive of GST and will be itemised and displayed prior to finalising your payment or booking confirmation.
5.3 When Payment Is Charged
- For bookings requiring payment at the time of booking, the applicable amount, including any processing fee and the 6% transaction fee payable by the customer, will be charged when the booking is made.
- Where a booking requires a deposit, the applicable deposit, processing fee, and transaction fee payable at the time of booking will be charged when the booking is made.
- The remaining balance for the service will then be charged on the scheduled service date, in accordance with the payment arrangements displayed to the customer at the time of booking.
- The exact amount payable and any applicable fees will be displayed before the booking is confirmed.
5.4 Business-Paid Processing and Transaction Fees
- Where fees are payable by the participating business, the applicable fee may be deducted from amounts otherwise payable to the business through the Mise Systems platform.
- The applicable business fees and payment arrangements may be governed by separate terms and conditions between Mise Systems Pty Ltd and the participating business.
5.5 Payment Authorisation
- By submitting payment information and completing a transaction through the App, the customer authorises the applicable payment to be processed in accordance with the amount and payment arrangements displayed at the time of booking.
- Payments may be processed by third-party payment providers, including Stripe.
- Mise Systems Pty Ltd may use third-party payment providers to process payments and may not itself store complete payment card details where those details are processed and stored by the relevant payment provider.
- Customers must not use another person's payment method without appropriate authorisation.
6. Business Acceptance and Cancellations
- A business may decline a booking if it is unable to accommodate the requested appointment or for another legitimate operational reason.
- If a business declines a booking before the appointment is confirmed, any payment already taken in relation to that booking will be refunded in accordance with these Terms and Conditions.
- If a business cancels a confirmed appointment, any amount paid by the customer for that booking will be refunded, subject to any rights or obligations that apply under Australian law.
- Where a business declines or cancels a booking, Mise Systems will process the applicable refund as soon as reasonably practicable.
- The time for the refund to appear in the customer's account may depend on the customer's bank, card provider or third-party payment provider.
7. Cancellations and Refunds
7.1 Customer Cancellations
- Where a customer cancels a booking, any refund will be handled in accordance with the cancellation and refund policy applicable to that booking.
- The applicable cancellation and refund policy may be set by the participating business and will be displayed to the customer where applicable before the booking is completed.
- Where the applicable cancellation policy permits a refund, Mise Systems will process the refund in accordance with that policy.
7.2 Refund of Processing and Transaction Fees
- Where a customer cancels a booking prior to the applicable cancellation window, any transaction fees and processing fees paid will be refunded.
- Where a customer cancels a booking after the cancellation window has passed, transaction and processing fees may be non-refundable, in accordance with the cancellation policy applicable to that booking.
- Where a refund is required because the business has declined or cancelled the booking, or where required under the Australian Consumer Law, the full amount paid by the customer โ including any transaction fees and processing fees โ will be refunded in accordance with applicable law and these Terms and Conditions.
7.3 Deposits
- Where a customer has paid a deposit, the deposit will be subject to the cancellation and refund policy applicable to that booking.
- Where the business cancels or declines the booking and the customer is entitled to a refund, the applicable deposit will be refunded.
- Where the customer cancels the booking, the deposit may be retained where this is clearly stated in the applicable cancellation policy and is permitted by Australian law.
7.4 Refunds Required by Law
- Nothing in these Terms and Conditions limits or excludes any right or remedy a customer may have under the Australian Consumer Law (ACL) or any other applicable Australian law.
- Where a customer is legally entitled to a refund or another remedy, Mise Systems will provide or facilitate the applicable remedy in accordance with the law.
7.5 Refund Processing
- Refunds will generally be returned using the original payment method, where reasonably practicable.
- The time taken for a refund to appear in a customer's account may depend on the payment provider, financial institution or other third-party payment processor.
- Mise Systems is not responsible for delays caused by a customer's bank, card provider or third-party payment processor.
8. User Conduct
Users must not:
- use the App for an unlawful, fraudulent or unauthorised purpose;
- provide false, misleading or inaccurate information;
- interfere with or attempt to compromise the security or operation of the App;
- access or attempt to access another user's account without authorisation;
- use the App in a manner that could damage, disable, overburden or impair the App;
- use automated systems to access the App except where expressly authorised by Mise Systems Pty Ltd; or
- infringe the rights of Mise Systems Pty Ltd, participating businesses or any other person.
Mise Systems Pty Ltd may take reasonable steps to protect the security and integrity of the App where it reasonably believes that a user has breached these Terms or applicable law.
9. Privacy
Mise Systems Pty Ltd collects, uses, holds and discloses personal information in accordance with its Privacy Policy and applicable privacy laws, including the Privacy Act 1988 (Cth) and the Australian Privacy Principles, where applicable.
Information may be collected and used for purposes including:
- facilitating bookings and appointments;
- processing payments and managing transaction fees;
- communicating with customers and businesses;
- providing and improving the App;
- preventing fraud and unauthorised transactions; and
- complying with legal and regulatory obligations.
Users should review the Mise Systems Privacy Policy for further information about how their personal information is collected, used, held and disclosed.
Where third-party service providers are used to provide payment processing, hosting, communications, analytics or other services, personal information may be disclosed to those providers where permitted or required by applicable law and in accordance with the Privacy Policy.
10. Intellectual Property
- All intellectual property rights in the App and its content, including software, designs, graphics, text, logos, trademarks and other materials, are owned by or licensed to Mise Systems Pty Ltd unless otherwise stated.
- Users are granted a limited, non-exclusive, non-transferable and revocable right to use the App for its intended purpose and in accordance with these Terms and Conditions.
- Users must not copy, reproduce, modify, distribute, sell, licence, reverse engineer or otherwise exploit any part of the App except where expressly permitted by law or with the written consent of Mise Systems Pty Ltd.
11. Availability and Changes to the App
- Mise Systems Pty Ltd will use reasonable efforts to maintain the availability and functionality of the App but does not guarantee that the App will always be available, uninterrupted, secure or error-free.
- The App may be updated, modified, suspended or discontinued from time to time where reasonably necessary for operational, technical, security, legal or business reasons.
- Nothing in this clause limits any rights or remedies that cannot lawfully be excluded under Australian law.
12. Limitation of Liability
- To the maximum extent permitted by law, Mise Systems Pty Ltd will not be liable for indirect or consequential loss arising from a user's use of the App.
- However, this limitation does not apply to the extent that liability cannot lawfully be excluded or limited, including where the ACL or another applicable law provides a consumer with rights or remedies that cannot be excluded.
- Nothing in these Terms and Conditions is intended to exclude liability for matters that cannot lawfully be excluded under Australian law.
13. Indemnity
- To the extent permitted by law, a user agrees to indemnify Mise Systems Pty Ltd and its officers, employees and agents against reasonable loss, damage, liability or expense arising directly from the user's unlawful use of the App, fraud, deliberate misconduct or material breach of these Terms and Conditions.
- This clause does not require a user to indemnify Mise Systems Pty Ltd to the extent that the relevant loss was caused by Mise Systems Pty Ltd's own negligence, unlawful conduct or breach of a non-excludable obligation.
14. Changes to These Terms
- Mise Systems Pty Ltd may update these Terms and Conditions from time to time where reasonably necessary, including to reflect changes to the App, business practices or applicable laws.
- Where a change is material, Mise Systems Pty Ltd will take reasonable steps to notify users, including by displaying the updated Terms in the App or through another appropriate communication method.
- Changes will apply from the date specified in the updated Terms and will not retrospectively alter rights or obligations that have already accrued, except where permitted or required by law.
- Your continued use of the App after the effective date of updated Terms may constitute acceptance of the updated Terms, to the extent permitted by law.
15. Governing Law and Jurisdiction
- These Terms and Conditions are governed by the laws of Australia and, to the extent applicable, the laws of the State or Territory in which the relevant legal proceedings are brought.
- Nothing in this clause prevents a consumer from exercising any right or remedy available under applicable Australian consumer protection legislation.
16. Contact Us
If you have any questions, concerns or complaints regarding these Terms and Conditions, the App, a booking or a transaction, please contact:
Mise Systems Pty Ltd
Email: [email protected]
17. Acknowledgement
By using the App, you acknowledge that you have had the opportunity to read these Terms and Conditions and agree to be bound by them, subject to any rights and protections available to you under applicable Australian law.