Privacy and Legal
This Agreement was last modified on May 1, 2023.
This User Agreement describes the terms and conditions which you accept by using our Website or our Services. We have incorporated by reference some linked information.
In this User Agreement:
“Account” means the account associated with your email address.
“Buyer” means a User that purchases Seller Services or items from Sellers or identifies a Seller through the Website. A User may be both a Buyer and a Seller under this agreement.
“Contest” means a contest that is promoted by a Buyer and in respect of which a Seller can submit one or more entries via the Website.
“Contest Brief” means the document setting out the scope of a Contest, including but not limited to items such as a design brief.
“Contest Handover”, in respect of a Contest, means the agreement between the Buyer and one or more winning Seller(s) under which each Seller will transfer to the Buyer ownership of the winning entry or entries.
“Dispute Resolution Process” means the process to be followed by Buyers and Sellers in accordance with the Dispute Resolution Services.
“Entrant” means a Seller who has entered a Contest.
“MyLeXit”, “we”, “our”, “company” or “the company” or “us” means mylexit.com (ACN 487 365 748).
“mylexit.com” provides organizations access to a global workforce. mylexit.com enables large organizations to accelerate their growth for less.
“Verified by mylexit.com” Users have been satisfactorily verified under the Know your Customer and Identity Verification Policy.
“Inactive Account” means a User Account that has not been logged into for a 6 month period, or other period determined by us from time to time.
“Intellectual Property Rights” means any and all intellectual property rights, existing worldwide and the subject matter of such rights, including: (a) patents, copyright, rights in circuit layouts (or similar rights), registered designs, registered and unregistered trademarks, and any right to have confidential information kept confidential; and (b) any application or right to apply for registration of any of the rights referred to in paragraph (a), whether or not such rights are registered or capable of being registered and whether existing under any laws, at common law or in equity.
“Local Job” or “Local Jobs” means a service we provide to match a Buyer with a Seller in relation to the provision of location specific services.
“Milestone Payment” means a payment made by the Buyer for the provision of Seller Services under a User Contract and which will be released in accordance with the section “Milestone Payments” of these terms and conditions.
“Project” or “Listing” means a job offered or awarded by a Buyer via the Website, which may include a Project or Contest listed by a Buyer, a Project awarded by a Buyer (for example through HireMe), a service bought by a Buyer from a Seller, and service awarded by a Buyer to a Seller as a result of a Contest or competition hosted via the Website.
“Seller” means a User that offers and provides services or identifies as a Seller through the Website. A User may be both a Buyer and a Seller under this agreement.
“Seller Services” means all services provided by a Seller.
“mylexit.com Services” means all services provided by us to you.
“User”, “you” or “your” means an individual who visits or uses the Website, including via the API.
“User Contract” means: (1) this User Agreement; (2) the Code of Conduct as amended from time to time; (3) any other contractual provisions accepted by both the Seller and Buyer uploaded to the Website, to the extent not inconsistent with the User Agreement and the Code of Conduct; (4) the Project terms as awarded and accepted on the Website, to the extent not inconsistent with the User Agreement and the Code of Conduct; and (5) any other material incorporated by reference from time to time.
“Website” means the Websites operated by mylexit.com and available at: mylexit.com and any of its regional or other domains or properties, and any related mylexit service, tool or application, specifically including mobile web, any iOS App and any Android App, or API or other access mechanism
By accessing the Website, you agree to the following terms with mylexit.com
We may amend this User Agreement and any linked information from time to time by posting amended terms on the Website, without notice to you.
The Website is an online venue where Users buy and sell Seller Services and items. Buyers and Sellers must register for an Account in order to buy or sell Seller Services and/or items. The Website enables Users to work together online to complete and pay for Projects, buy and sell items and to use the services that we provide. We are not a party to any contractual agreements between Buyer and Seller in the online venue, we merely facilitate connections between the parties.
We may, from time to time, and without notice, change or add to the Website or the information, products or services described in it. However, we do not undertake to keep the Website updated. We are not liable to you or anyone else if any error occurs in the information on the Website or if that information is not current.
Before using the Website, you must read the whole User Agreement, the Website policies and all linked information.
You will not use the Website if you:
are not able to form legally binding contracts;
are under the age of 16;
a person barred from receiving and rendering services under the laws of Australia or other applicable jurisdiction;
are suspended from using the Website; or
do not hold a valid email address.
All free user accounts are associated with individuals. Login credentials should not be shared by users with others. The individual associated with the account will be held responsible for all actions taken by the account, without limitation.
Subject to your local laws, a person over 15 but under 18 can use an adult’s account with the permission of the account holder. However, the account holder is responsible for all actions taken by the account, without limitation.
Users may provide a business name or a company name, which is associated with the User’s Account. Users acknowledge and agree that where a business name or company name is associated with their Account, this User Agreement is a contract with the User as an individual (not the business or company) and Users remain solely responsible for all activity undertaken in respect of their Account.
A company, corporation, trust, partnership or other non-individual corporate entity may be a User subject to an eligible corporate account which pays corporate subscriptions.
We may, at our absolute discretion, refuse to register any person or entity as a User.
You cannot transfer or assign any rights or obligations you have under this agreement without prior written consent.
4. Using MyLexit.com
While using the Website, you will not attempt to or otherwise do any of the following:
post content or items in inappropriate categories or areas on our Websites and services;
infringe any laws, third party rights or our policies, such as the Code of Conduct;
fail to deliver payment for services delivered to you;
fail to deliver Seller Services purchased from you;
circumvent or manipulate our fee structure, the billing process, or fees owed to mylexit.com;
post false, inaccurate, misleading, deceptive, defamatory or offensive content (including personal information);
take any action that may undermine the feedback or reputation systems (such as displaying, importing or exporting feedback information or using it for purposes unrelated to the Website);
transfer your mylexit account (including feedback) and Username to another party without our consent;
distribute or post spam, unsolicited, or bulk electronic communications, chain letters, or pyramid schemes;
distribute viruses or any other technologies that may harm mylexit.com, the Website, or the interests or property of mylexit.com users (including their Intellectual Property Rights, privacy and publicity rights) or is unlawful, threatening, abusive, defamatory, invasive of privacy, vulgar, obscene, profane or which may harass or cause distress or inconvenience to, or incite hatred of, any person;
download and aggregate listings from our website for display with listings from other websites without our express written permission, “frame”, “mirror” or otherwise incorporate any part of the Website into any other website without our prior written authorization;
attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by us in connection with the Website;
copy, modify or distribute rights or content from the Website or mylexit.com’s copyrights and trademarks; or
harvest or otherwise collect information about Users, including email addresses, without their consent.
use mylexit to facilitate money exchange including, but not limited to, cryptocurrency (e.g. bitcoin, ethereum, etc).
5. Intellectual Property Rights Infringement
It is our policy to respond to clear notices of alleged intellectual property rights infringement. Our Copyright Infringement Policy is designed to make submitting notices of alleged infringement to us as straightforward as possible while reducing the number of notices that we receive that are fraudulent or difficult to understand or verify. If you believe that your Intellectual Property Rights have been violated, please notify us via this link on our Website and we will investigate.
6. Fees and Services
We charge fees for certain services, such as introduction fees for Projects, listing upgrades and memberships. When you use a service that has a fee, you have an opportunity to review and accept the fees that you will be charged based on our schedule of Fees and Charges, which we may change from time to time and will update by placing on our Website. We may choose to temporarily change the fees for our services for promotional events (for example, discounts on memberships) or new services, and such changes are effective when we post a temporary promotional event or new service on the Websites, or as notified through promotional correspondence.
Unless otherwise stated, all fees are quoted in United States Dollars.
0% Fees Promotion
Project commissions charged for Sellers who refer new Buyers that do not have an existing account on mylexit and who join and create a new account, will be reduced from 10% to 0%, for all future Projects performed by the referring Seller (“Referrer”) for the referred Buyer (“Referee”).
This is subject to the following conditions:
Referees must be referred using the specific promotional links on https://www.mylexit.com/commission
For the avoidance of doubt, the reduced Project commission of 0% applies only in relation to new work performed by the Referrer who has successfully applied for this promotion for the specific Referee to whom the application relates. The new Projects must commence after the Buyer creates a new account on mylexit.com and be initiated using that new account.
Project commission fees for the mylexit.com only are lowered from 10% to 0% under this promotion. All other fees and charges remain unaffected including but not limited to Buyer commissions and transaction fees.
This promotion does not apply to Contests.
mylexit.com reserves the right to review classifications of Referee as new Buyers for the purpose of this promotion, to ensure fair use of this promotion. The Referee must have worked with, and paid, the Referrer applying to use this promotion before the beginning of this promotion, for example from another platform. The Referrer s may be required to provide evidence of this prior work and payment before being eligible for the commission reduction. To be eligible for this promotion, The Referee must not have had any account on mylexit.comprior to creating the new account.
All other elements of the User Agreement continue to apply – see https://www.mylexit.com/about/terms.
All other elements of the Fees and Charges component of the Additional Terms continue to apply – see https://www.mylexit.com/feesandcharges.
mylexit.com may require that both parties fill in and complete their profiles and/or pass identity checks before payments are released.
mylexit.com may require that the details for any Project for which the commission reduction applies are appropriately complete.
This promotion may be withdrawn for a specific user, if significant reversals, fraud or chargebacks are observed, if mylexit.com believes that there is a risk of funds being subject to reversal or chargeback, in cases of disputes between Referee and the Referrer, or for any other reason.
mylexit.com reserves the right to disallow use of this promotion in its sole and absolute discretion, with respect to fair use of this promotion, and to prevent any suspected fraud.
mylexit.com reserves the right to require submission of further information from any party applying to make use of this promotion, for investigating fraud and for risk management and related purposes.
mylexit.com reserves the right to cancel or amend this promotion at any time.
mylexit.com reserves the right to cancel the promotion in any region if it is deemed or becomes unlawful to offer the promotion to any resident of that region.
mylexit.com reserves the right to recover the fees from any users participating in the 0% program should it discover at anytime that the users were found not to be acting in good faith
Requirements for Californian Users and Milestone Payments
In the state of California, United States of America, Milestone Payments are regarded as regulated escrow activity.
This Section deals with and applies to Milestone Payments that are connected to California, i.e. where a User, being a Buyer or a Seller, is ordinarily resident in California, United States of America (“California User” or “California Users”).
So that we can continue to serve our California Users, Escrow.com (a business owned and separately operated by mylexit.com) will facilitate escrow transactions on behalf of a Buyer and/or Seller either of whom is a California User, and to hold the funds in relation to any Project. Until further notice, there will be no additional Fees for facilitating an escrow transaction initiated as a result of this Section.
The Escrow.com Group includes Escrow.com Inc. and Internet Escrow Services, Inc (“IES”). IES is a licensed Escrow Agent in the state of California holding Escrow Agent License No. 9631867, issued by the California Department of Business Oversight. As part of using the Escrow.com service you authorize mylexit.com to share your information with the Escrow.com Group to complete Escrow.com’s identity verification and know your customer procedures.
On completion of the work related to the Milestone Payment, the Seller will direct IES to disburse the proceeds of the Escrow.com Transaction to the User’s Account with mylexit.com.
Accepted Currencies for Milestone Payments and California Users
Escrow.com currently supports Transactions in three currencies; U.S. Dollars, Euros and Australian Dollars (“Supported Currencies”). If a Buyer’s Payment Method is denominated in a currency other than the supported currencies, a currency conversion will be required for the Milestone Payment to be made and an Escrow.com Transaction to proceed. We will display foreign currency conversion rates that mylexit.com, Escrow, or our Affiliates currently make available to convert supported foreign currencies to one of the Supported Currencies.
These foreign currency conversion rates adjust regularly based on market conditions. Wholesale currency conversion rates at which mylexit.com or our Affiliates obtain foreign currency will usually be different than the foreign currency conversion rates offered on the Site. Each User, in its sole discretion and risk, may authorize the charge, debit, or credit of its Payment Method in a supported foreign currency and the conversion of the payment to one of the supported currencies at the foreign currency conversion rate displayed on the Site. A list of supported foreign currencies is available on the Site. If foreign currency conversion is required to make a payment in one of the Supported Currencies and either mylexit.com, Escrow, or our Affiliates does not support the foreign currency or the User does not authorize the conversion of such payment at the foreign currency conversion rate displayed on the Site, Escrow or one of our Affiliates will charge, debit, or credit the User’s Payment Method and the User’s Payment Method provider will convert the payment at a foreign currency conversion rate selected by the User’s Payment Method provider. The User’s Payment Method provider may also charge fees directly to the Payment Method even when no currency conversion is involved. The User’s authorization of a payment using a foreign currency conversion rate displayed on the Site is at the User’s sole risk. mylexit.com, Escrow, and our Affiliates are not responsible for currency fluctuations that occur when billing or crediting a Payment Method denominated in a currency other than one of the Supported Currencies. mylexit, Escrow, and our Affiliates are not responsible for currency fluctuations that occur when receiving or sending payments to and from the Escrow Account.
Release and Delivery of Amounts in Escrow
Buyers and Sellers in a California Transaction irrevocably authorize and instruct IES to release applicable portions of the Milestone Payment in an Escrow Account (each portion, a “Release”) to their Seller Escrow Account or in the event of a refund, the Buyer Escrow Account, as applicable, upon the occurrence of and in accordance with one or more Release Conditions provided below or as otherwise required by applicable law or the Terms of
Service. The amount of any Release will be delivered to the applicable mylexit.com Account in accordance with Seller’s or Buyer’s authorization, as above, these Instructions, and the IES Terms of Service and General Escrow Instructions.
As used in these Instructions, “Release Condition” means any of the following:
Buyer clicks to release funds to Seller.
Buyer does not take any action for 14 days from the date of a Seller’s Release request, in which case Seller and Buyer agree that IES is authorized and irrevocably instructed to immediately release to Seller the amount associated in the applicable milestone in connection with such Release request.
Seller cancels the contract before a Milestone Payment has been released to Seller, in which case the funds are to be returned to the Buyer.
Buyer and Seller have submitted joint written instructions for a Release to either Seller Escrow Account or Buyer Escrow Account, as applicable.
Buyer and Seller agree to close the contract without release of funds, in which case the funds are to be returned to the Buyer.
Buyer or Seller has failed to make its Arbitration payment or paid its fair share of the Arbitration costs pursuant to the Dispute Resolution Service, in which case the funds are released to the Party that has made its Arbitration Payment.
Both Buyer and Seller have failed to timely submit to Arbitration for an unresolved Dispute as such term is defined in the Dispute Resolution Service, in which case the funds are released to the Buyer.
Buyer or Seller has failed timely to respond to a mylexit.com Dispute Resolution Service notification as required by the Dispute Resolution Service, in which case the funds are released to the User that has participated.
Buyer or Seller otherwise has failed to comply with the Dispute Resolution Service, in which case the funds are to be released to the User that has complied with the Dispute Resolution Service.
Submittal of a final award of an arbitrator appointed pursuant to the Dispute Resolution Service, in which case the funds will be released in accordance with such award.
Issuance of the final order of a court of competent jurisdiction from which appeal is not taken, in which case the funds will be released in accordance with such order.
mylexit.com believes, in our sole discretion, that fraud, non-payment, illegal act, or a violation of mylexit.com’s User Agreement has been committed or is being committed or attempted, in which case Buyer and Seller irrevocably authorize and instruct IES to take such actions as mylexit.com deems appropriate in our sole discretion and in accordance with applicable law, in order to prevent or remedy such acts, including without limitation to return the funds associated with such acts to their source of payment.
26. Milestone Dispute Resolution Services
Mylexit.com offers Milestone Dispute Resolution Services to Users who have elected to use the Milestone Payment feature. You agree and acknowledge that: (i) mylexit.com is not providing legal services; (ii) mylexit.com will not advise you regarding any legal matters; and (iii) if you desire to have legal counsel, you will seek an independent legal counsel from those licensed to practice law in your jurisdiction. You will not rely on mylexit.com for any such counsel.
In the event of a dispute between a Buyer and a Seller regarding a return or release of Milestone Payments, either Buyer or Seller may elect to use the Milestone Dispute Resolution Services offered by mylexit.com as set out in the Milestone Disputes Policy. The Buyer and Seller will then be notified that the matter will be addressed through Milestone Dispute Resolution Services.
You agree to indemnify and (to the maximum extent permitted by law) hold mylexit.com and any of our affiliates harmless against any damages or liability you may suffer as a result of using the Milestone Payments and/or Milestone Dispute Resolution Services. 1.
mylexit.com will respond to disputes initiated by a Seller or a Buyer in accordance with the Milestone Dispute Resolution Services as set out in this clause and the Milestone Disputes Policy and in relation to disputes that arise in relation to the provision of the venue, and the hosting of the Website by mylexit.com as set out in the clause entitled Disputes with Us, along with the approach to disclosing information in relation to chargebacks set out in clauses 19 and 21 of this agreement.
27. Other Disputes With Users
You acknowledge and agree that in the event that a dispute arises between you and another User in relation to any Project that you will first attempt to resolve any differences that you have in relation to such Project, including in relation to the quality of the services provided.
If you continue to have any difficulties or problems in relation to a dispute with another User in relation to a Project we encourage you to contact us as set out in the Clause entitled “Contacting us”.
You agree that any dispute that is not related to a Milestone Payment (which must be dealt with in accordance with the Milestone Disputes Policy) arising between you and another User will be handled in accordance with this clause. mylexit.comwill have full rights and powers to make a determination for all such disputes. Upon receipt of a dispute, mylexit.com shall have the right to request the Seller and the Buyer to provide documentation in support of their claim or position in relation to the dispute. You agree that mylexit.com has absolute discretion to accept or reject any document provided. You also acknowledge that mylexit.com is not a judicial or alternative dispute resolution institution and that we will make the determinations only as an ordinary reasonable person. In addition, we do not warrant that the documents provided by the parties to the dispute will be true, complete or correct and you agree to indemnify and (to the maximum extent permitted by law) hold mylexit.com and any of our affiliates harmless against any damages or liability you may suffer as a result of any documentation or material subsequently being found to be false or misleading.
In relation to disputes with any other users of the Website, you hereby agree to indemnify mylexit.comfrom any and all claims, demands, and damages, actual and consequential, of every kind and nature, known and unknown, that is related to such a dispute, our determinations or the use of the Milestone Dispute Resolution Services for Milestone Payments and/or for Other Disputes.
The mylexit.com Code of Conduct applies to all the services offered by mylexit.com, including, but not limited to, the Milestone Dispute Resolution Services. It is agreed by you that you will make every endeavour at fair play and post reasonable and fair demands/offers on your dispute. No conduct relating to threats, blackmail, intimidation or inducement of users to leave positive feedback will be tolerated, in particular any refusal to provide either deliverables or payment in relation to the provision of feedback.
A User found to be in breach of the Code of Conduct during the Milestone Dispute Resolution Service process may automatically lose the dispute in favour of the other party involved, regardless of the origin of the dispute. The User who breached the Code of Conduct may also incur further disciplinary action. For more information, read the Code of Conduct.
28. Disputes With Us
If a dispute arises between you and mylexit.com, our goal is to address your concerns immediately and, if we are unable to do so to your satisfaction, to provide you with a means of resolving the dispute quickly. We strongly encourage you to first contact us directly to seek a resolution by using our customer support website or emailing us at email@example.com.
For any claim, mylexit.com may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. If mylexit.com elects arbitration, such arbitration will be initiated through an established alternative dispute resolution (ADR) provider, which is to be selected by you from a panel of ADR providers that mylexit.com will provide to you. The ADR provider and the parties must comply with the following rules: a) the
arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
All claims you bring against mylexit.com must be resolved in accordance with the terms of this Agreement. All claims filed or brought contrary to this Agreement shall be considered improperly filed and a breach of this Agreement. Should you file a claim contrary to the terms of this Agreement, mylexit.com may recover its legal fees and costs (including in-house lawyers and paralegals), provided that mylexit.com has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
You agree that you will not pursue any claims arising under this User Agreement on a class or other representative basis and will not seek to coordinate or consolidate any arbitration or action hereunder with any other proceeding.
If any proceeding by or against you is commenced under any provision of any bankruptcy or insolvency law, mylexit.com will be entitled to recover all reasonable costs or expenses (including reasonable legal fees and expenses) incurred in connection with the enforcement of this Agreement.
mylexit.com’s failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
Some of the Websites will display rates in the local currency of that Website, in addition to the actual amount. These rates are based on a conversion from the originating currency using indicative market exchange rates. You understand and agree that these rates are only indicative and the amount specified in the origin currency is the actual amount.
As a convenience service, you may withdraw funds from the Website in another currency. If you wish to do so, you will be quoted an exchange rate which will be available for the time specified, which you may choose to accept. We may charge a fee for effecting the currency conversion transactions. This fee will be embedded within the rate provided to you and the currency exchange will be settled immediately.
We reserve the right to reject any request for a conversion of currency at any time.
You are responsible for all risks associated with converting and maintaining funds in various available currencies, including but not limited to the risk that the value of these funds will fluctuate as exchange rates change, which could result in decreases in the value of your funds in aggregate. You must not use (or attempt to use) the Website to engage in speculative trading, which could result in substantial losses. We are not a financial services provider.
All information included on the Website in respect of currency conversion is general information only. Use of currency conversion is at your own risk. Currency conversions are final and irreversible.