Hushy – Terms and Conditions (Australia)
Last updated: December 2024
These Terms and Conditions ("Terms") govern your access to and use of the Hushy website, platform and related services (together, "Hushy", "we", "us" or "our"). By accessing or using Hushy, creating an account, creating or contributing to a Hushy Wallet, or applying to be a provider, you agree to be bound by these Terms.
If you do not agree to these Terms, you must not use Hushy.
Important: Hushy does not provide medical, psychological, financial or legal advice. Hushy is not a healthcare provider, hospital, clinic, insurer, bank or financial institution. Hushy is a coordination and facilitation platform only.
1. About Hushy
Hushy is a postpartum support platform that helps parents access emotional, physical and practical care after birth. Through Hushy, supporters (such as family, friends or employers) can contribute funds into a digital balance (the "Hushy Wallet") that can be used to pay for eligible postpartum support services.
Hushy is operated by Hushy Pty Ltd, an Australian company. References to "you" and "your" mean any user of Hushy, including parents, supporters, employers and providers.
2. Acceptance of Terms
By using Hushy, you:
- confirm that you are at least 18 years old; and
- agree to be bound by these Terms, together with our Privacy Policy and any other policies or guidelines we publish on the platform from time to time.
We may update these Terms occasionally. Where changes are material, we will take reasonable steps to notify you (for example via email or an in-app notice). Your continued use of Hushy after changes take effect means you accept the updated Terms.
3. Accounts and Eligibility
To use certain features of Hushy (such as creating a wallet, making contributions, submitting claims or applying as a provider), you may need to create an account.
You agree to:
- provide accurate, current and complete information;
- keep your login details secure and confidential; and
- notify us promptly if you suspect unauthorised access to your account.
We may refuse, suspend or cancel accounts where we reasonably suspect fraud, misuse, breach of these Terms or other unlawful activity.
4. The Hushy Wallet
4.1 Nature of the Hushy Wallet
The Hushy Wallet is a digital balance that can be used to pay for eligible postpartum support services through the Hushy platform. Wallet balances are expressed in Australian dollars and represent service credits only. They are not a bank account, deposit, investment or financial product.
4.2 No cash withdrawals
Funds added to a Hushy Wallet cannot be withdrawn as cash by the parent or supporter. Wallet balances may only be used to pay for eligible services delivered by providers who meet Hushy's criteria or are otherwise approved by Hushy under our "use your own provider" or reimbursement process. Wallet credits are non-refundable except where required by Australian consumer law.
4.3 How funds are held
Payments made into a Hushy Wallet are processed by our third-party payment provider (currently Stripe). Funds are held in one or more accounts operated by that provider on our behalf and are allocated to the relevant Hushy Wallet in our system.
Hushy does not hold your funds as a bank or authorised deposit-taking institution and does not provide any banking, custody, trustee or financial services. Hushy keeps internal records of wallet balances and related transactions but actual payment processing is managed by Stripe or any replacement payment provider we may use in the future.
4.4 Use of wallet funds
Wallet funds may only be used for eligible postpartum support services, which may include (for example) lactation support, counselling, physiotherapy, postpartum doula services, sleep support and related services approved by Hushy from time to time. The range of eligible services may change as the platform evolves. Hushy does not guarantee that a particular provider, service or location will always be available.
4.5 Bookings, locks and reimbursements
When you book a service or submit an eligible reimbursement claim, part of your wallet balance may be "locked" to reserve funds for that booking or claim. Locked amounts cannot be used for other services.
Once the service is delivered and confirmed (or a reimbursement claim is approved), the relevant amount is used to pay the provider or fund the reimbursement and is permanently deducted from your available wallet balance. If a booking or claim is cancelled or not approved, any locked funds that are not used will be returned to your available wallet balance.
4.6 No financial advice or insurance
Hushy does not provide financial advice and the Hushy Wallet is not a savings product or insurance product. Contributions made by supporters, employers or parents themselves are not guaranteed or protected by any government guarantee or compensation scheme.
Hushy does not provide advice on whether you are eligible for Medicare, private health insurance rebates or other funding. Any such entitlements remain your responsibility to manage directly with the relevant provider or insurer.
4.7 Chargebacks and fraud
If a payment into a Hushy Wallet is disputed, reversed or found to be unauthorised, Hushy may adjust the wallet balance and, if necessary, recover any incorrectly spent amounts from future contributions or payments. Hushy may suspend or close accounts where we reasonably suspect fraud, misuse or other unlawful activity.
4.8 Changes to the Hushy Wallet
Hushy may update, suspend or discontinue the Hushy Wallet feature from time to time. Where possible, we will give reasonable notice before making changes that materially affect existing wallet balances. If we cease offering the Hushy Wallet, we will use reasonable efforts to allow any remaining eligible balances to be used for services within a reasonable period, subject to our legal obligations.
5. Contributions and Payments
5.1 Contributions by supporters and employers
Supporters (including family, friends and employers) may contribute funds to a Hushy Wallet. By making a contribution, you acknowledge that:
- your contribution becomes part of the wallet balance controlled by the parent account holder or their authorised representative;
- Hushy is not obliged to refund contributions to you once processed, except as required by law; and
- Hushy is not responsible for any personal arrangements or expectations between you and the parent regarding how contributions should be used.
5.2 Payment processing
All payments are processed by Stripe or another reputable third-party payment provider. By making a payment, you agree to be bound by the payment provider's terms and privacy policy, in addition to these Terms.
We do not store full card numbers or bank account details on our servers.
5.3 Pricing and fees
Hushy may charge platform or service fees on contributions, bookings or reimbursements. Where fees apply, we will disclose them clearly at the point of payment or booking. Fees may be charged to the supporter, the parent or the provider, depending on the specific arrangement.
We may update our fee structure from time to time. Any changes will apply prospectively and will not affect completed transactions.
6. Use of the Platform
You agree that you will not:
- use Hushy for any unlawful purpose;
- misrepresent your identity or relationship to a parent, supporter or provider;
- attempt to interfere with or impair the proper functioning of the platform;
- copy, modify, distribute or reverse engineer any part of Hushy except as permitted by law; or
- use Hushy to harass, abuse or harm any person.
We may monitor use of the platform to ensure compliance with these Terms and to protect users.
7. Providers and Services
Hushy connects parents with independent postpartum providers. These providers are not employees, agents or representatives of Hushy. They operate their own businesses and are responsible for their own clinical decisions, services, insurance and compliance.
Hushy does not:
- provide medical, psychological or allied health services;
- guarantee the suitability, availability, quality or outcomes of any provider or service; or
- supervise or control the professional conduct of providers.
Any issues about the quality or safety of a service should be raised directly with the provider and, where appropriate, with the relevant professional body or regulator. You may also notify us so we can review the provider's continued use of Hushy.
8. Health and Emergency Disclaimers
Information provided through Hushy (including any general content, examples or descriptions of services) is for general information and support only and is not a substitute for independent medical, psychological or allied health advice.
Always seek the advice of your doctor, midwife or other qualified health professional with any questions you may have regarding your health, your baby's health or any medical condition.
If you or your baby are in an emergency or at immediate risk, call 000 or your local emergency services. Do not use Hushy for urgent or emergency situations.
9. Intellectual Property
All content, trademarks, logos, graphics, user interface elements and underlying code on Hushy are owned by or licensed to us and are protected by intellectual property laws.
You may access and use Hushy for your personal or internal business purposes only. You must not reproduce, distribute, modify or create derivative works from any part of Hushy without our prior written consent, except as permitted by law.
10. Privacy
Our collection, use and disclosure of personal information is governed by our Privacy Policy, which forms part of these Terms. By using Hushy, you consent to the handling of your personal information in accordance with that policy.
11. Disclaimers and Limitation of Liability
To the maximum extent permitted by law, Hushy is provided on an "as is" and "as available" basis and we do not make any representations or warranties about:
- the accuracy, completeness or reliability of content on the platform;
- the suitability, availability or quality of any provider or service; or
- uninterrupted, secure or error-free access to Hushy.
To the extent permitted by law, we exclude all liability for any loss, damage, costs or expenses (including consequential or indirect loss, loss of profit, loss of opportunity or emotional distress) arising out of or in connection with your use of Hushy, the Hushy Wallet, any contributions or any services received from providers.
Nothing in these Terms excludes, restricts or modifies any consumer guarantees, rights or remedies you may have under the Australian Consumer Law or other applicable law that cannot be excluded, restricted or modified.
Where our liability cannot be excluded but can be limited, our liability to you is limited (at our option) to:
- re-supplying the relevant services; or
- paying the cost of having the services supplied again.
12. Australian Consumer Law
These Terms do not affect any rights you may have under the Australian Consumer Law or other applicable consumer protection laws.
If you are a consumer, you may be entitled to certain guarantees that cannot be excluded. Nothing in these Terms is intended to exclude, restrict or modify those guarantees.
13. Suspension and Termination
We may suspend or terminate your access to Hushy at any time where we reasonably believe you have:
- breached these Terms;
- engaged in fraud, misuse or unlawful conduct; or
- presented a risk to other users or to Hushy.
Where appropriate, we will provide notice before suspension or termination. In serious cases (for example fraud, abuse or harm), we may suspend or terminate access immediately.
You may stop using Hushy at any time. If you wish to close your account, you can contact us using the details below. Closing your account does not automatically entitle you to a refund of wallet balances, except as required by law.
14. Changes to Hushy
We may update, modify or discontinue parts of Hushy from time to time, including features, services and content. Where changes materially affect your use of Hushy, we will take reasonable steps to notify you.
15. Governing Law
These Terms are governed by the laws of New South Wales, Australia. You and we submit to the non-exclusive jurisdiction of the courts of that place and any courts entitled to hear appeals from those courts.
16. Contact Us
If you have any questions about these Terms or Hushy, you can contact us at:
These Terms are a general template and do not constitute legal advice. We recommend obtaining independent legal advice to ensure they are appropriate for your specific circumstances.