Terms and Conditions

PayM8 provides a software platform designed for support workers operating within the Aged Care, Disability Support and Community Services sectors. The platform assists users to record shifts, track work performed across multiple employers, monitor hours worked, and estimate entitlements that may arise under the Social, Community, Home Care and Disability Services Industry Award (SCHADS Award), employment agreements and related workplace arrangements.

PayM8 is intended to assist users in understanding and managing their work-related information. PayM8 is not a payroll provider, employer, industrial relations adviser, legal adviser, accountant or tax agent.

Users must be at least 18 years old or otherwise legally capable of entering into a binding agreement. Users must provide accurate registration information and keep that information up to date.

You are responsible for maintaining the confidentiality of your account credentials and are responsible for all activities occurring under your account. You must immediately notify PayM8 of any unauthorised use of your account.

The platform allows users to enter employment related information including roster details, classifications, shift times, allowances, sleepovers, broken shifts, travel time, kilometres travelled, overtime, public holiday work and related information.

You warrant that all information entered into the platform is accurate, complete and current. PayM8 relies entirely upon information supplied by users and cannot verify the accuracy of user-entered data.

You acknowledge that PayM8 is unable to independently verify employment information entered into the platform. The accuracy of any calculations, estimates, reports or outputs generated by the platform depends entirely upon the accuracy and completeness of the information entered by users. Inaccurate, incomplete or outdated information may result in inaccurate calculations and reports, and PayM8 accepts no responsibility for any consequences arising from such inaccuracies.

PayM8 provides estimates, calculations and reporting tools designed to assist users in understanding potential entitlements.

The SCHADS Award is a complex industrial instrument that is subject to amendment, interpretation and differing workplace circumstances. Calculations may be affected by enterprise agreements, individual contracts, workplace policies, classification disputes, legislative changes and other factors.

PayM8 does not guarantee that any calculation, estimate, report, entitlement, allowance, penalty rate, overtime amount or payment projection generated by the platform is accurate, complete, legally correct or suitable for any particular purpose.

PayM8 provides award interpretation assistance and entitlement estimates only. The platform does not determine legal entitlements, payroll obligations, minimum employment conditions or compliance with workplace laws.

Employers may lawfully apply enterprise agreements, individual flexibility arrangements, workplace policies and contractual provisions that differ from assumptions utilised by the platform. As a result, calculations generated by PayM8 may differ from actual amounts payable by an employer.

Users must independently review payslips, employment contracts, enterprise agreements and workplace policies and should obtain professional advice where necessary before relying on information generated by the platform.

All intellectual property rights in the PayM8 platform are owned by or licensed to PayM8. This includes software code, source code, object code, databases, calculation engines, formulas, algorithms, workflows, designs, interfaces, graphics, logos, branding, documentation, reports, templates, written content and all other proprietary materials.

The methodologies used by PayM8 to interpret and process employment information, including award calculation logic, reporting structures and entitlement estimation systems, constitute valuable intellectual property and confidential information belonging to PayM8.

Users must not:

• copy, reproduce, modify or create derivative works from the platform;
• reverse engineer, decompile, disassemble or otherwise attempt to discover source code;
• extract, scrape or harvest data from the platform;
• use automated systems to access the platform;
• remove copyright, trademark or proprietary notices;
• reproduce calculation methodologies for commercial purposes;
• create competing software using information obtained through PayM8;
• sell, licence, sublicense, rent or commercially exploit the platform.

Nothing in these Terms transfers ownership of any intellectual property rights from PayM8 to users. Users retain ownership of employment information they enter into the platform. However, users grant PayM8 a non-exclusive licence to store, process, analyse and utilise such information solely for providing, maintaining and improving the services.

Users must not use information obtained through the platform to develop, train, improve or validate artificial intelligence systems, machine learning models, payroll software, award interpretation tools or competing products.

Users must not benchmark, test, analyse or reverse engineer the platform for the purpose of reproducing PayM8's calculation methodologies, workflows, algorithms, formulas, reporting structures or software architecture.

Users acknowledge that the award calculation logic, entitlement estimation methodologies and reporting frameworks utilised by PayM8 constitute confidential information and valuable intellectual property owned by PayM8.

Users retain ownership of all employment information, shift records, payroll information, timesheets, classifications, travel records and other data entered into the platform.

PayM8 retains ownership of all software, systems, databases, calculation methodologies, reporting structures, algorithms and intellectual property used to process such information.

Users grant PayM8 a non-exclusive, worldwide, royalty-free licence to host, store, process, analyse and utilise user data solely for the purpose of operating, maintaining, securing and improving the platform.

PayM8 may create aggregated and anonymised statistical data derived from user information for analytics, reporting, product development and service improvement purposes, provided that such information does not identify individual users.

Certain features of the platform may require payment of subscription fees. Subscription plans, pricing, billing frequencies and included features will be disclosed at the time of purchase.

PayM8 reserves the right to modify subscription pricing upon reasonable prior notice. Continued use of the platform following a pricing change constitutes acceptance of the revised pricing.

Free trials may be offered from time to time. Unless cancelled before the expiry of the trial period, a free trial will automatically convert into a paid subscription using the payment method nominated by the user.

Subscription fees are payable in advance and will be automatically charged to the user's nominated payment method on a recurring basis unless cancelled.

Users may cancel a subscription at any time through their account settings. Cancellation will take effect at the end of the current billing period unless otherwise specified.

Except as required by law, subscription fees are non-refundable and PayM8 is not required to provide refunds or credits for partially used subscription periods.

Where a payment cannot be successfully processed, PayM8 may suspend or restrict access to paid features until payment is received.

Nothing in these Terms excludes, restricts or modifies any guarantee, right or remedy conferred by the Competition and Consumer Act 2010 (Cth) or any other applicable law where such exclusion, restriction or modification would be unlawful.

To the extent permitted by law, PayM8's liability for any breach of a non-excludable consumer guarantee is limited, at PayM8's option, to supplying the services again or paying the cost of having the services supplied again.

To the maximum extent permitted by law, PayM8 shall not be liable for indirect, consequential, incidental, special or exemplary damages, including loss of profits, income, opportunity, goodwill, employment benefits, business interruption or data loss. Where liability cannot be excluded, PayM8's aggregate liability is limited to the amount paid by the user for the services during the twelve months preceding the event giving rise to the claim.

Without limiting any other provision of these Terms, PayM8 shall not be liable for any claim, loss, damage, liability, penalty, underpayment, overpayment, payroll adjustment, taxation liability, superannuation liability, Fair Work investigation, employment dispute, workplace claim, industrial dispute or regulatory action arising directly or indirectly from reliance upon information, calculations, estimates or reports generated by the platform.

Users acknowledge that PayM8 is an informational and estimation tool only and that all employment-related decisions remain the responsibility of the user and their employer.

MY PAYM8 PTY LTD

ABN: 87 685 305 597

ACN: 685 305 597

12 King Street, Tahmoor NSW 2573, Australia

Email: admin@mypaym8.com