This Agreement was last modified on 28 Feb 2024

This Agreement outlines the terms and conditions that govern your use of our Website or Services. It encompasses additional information through referenced links.

Within this Agreement:

• "Account" refers to the account linked with your email address.
• "Buyer" denotes a user who purchases Seller Services or items from Sellers through the Website. A user may act as both a Buyer and a Seller under this agreement.
• "Contest" signifies a competition initiated by a Buyer where Sellers can submit entries via the Website.
• "Contest Brief" constitutes the document outlining the parameters of a Contest, including a design brief among other details.
• "Contest Handover," in the context of a Contest, represents the agreement between the Buyer and one or more winning Sellers wherein each Seller transfers ownership of the winning entry or entries to the Buyer.
• "Dispute Resolution Process" entails the procedure to be followed by Buyers and Sellers in accordance with the Dispute Resolution Services.
• "Entrant" refers to a Seller who has submitted an entry for a Contest.
• "MyJobsDone," "we," "our," "company," "the company," or "us" denotes MyJobsDone OPEN WAY LTD (15074503).
• "Inactive Account" characterizes a User Account that has remained dormant for a period of six months or as otherwise determined by us from time to time.
• "Intellectual Property Rights" encompass all worldwide intellectual property rights, including patents, copyrights, trademarks, and any applications or rights thereof.
• "Project" or "Listing" denotes a job offered or awarded by a Buyer through the Website, encompassing Projects or Contests listed by a Buyer, services purchased by a Buyer from a Seller, and services awarded by a Buyer to a Seller as a result of a Contest hosted via the Website.
• "Seller" represents a User offering and providing services or identified as such through the Website. A User may function as both a Buyer and a Seller under this agreement.
• "Seller Services" encompasses all services provided by a Seller.
• "Freelancer Services" includes all services provided by us to you.
• "User," "you," or "your" denotes an individual who visits or utilizes the Website.
• "Website" refers to the Websites operated by MyJobsDone, accessible at myjobsdone.com and any associated regional or other domains or properties, including any related MyJobsDone service, tool, or application, particularly mobile web.

1.Introduction

Upon accessing the Website, you agree to abide by the terms outlined by MyJobsDone.

We reserve the right to modify this User Agreement and any associated information periodically by posting revised terms on the Website, without prior notification to you.

The Website serves as an online platform where Users engage in the buying and selling of Services and items. To participate in transactions, both Buyers and Sellers are required to register for an Account. Through the Website, Users collaborate remotely to fulfill and remunerate Projects, conduct transactions for items, and utilize the services provided by us. It's important to note that we act solely as a facilitator in connecting Buyers and Sellers within the online platform and are not party to any contractual agreements between them.

We retain the authority to amend or supplement the Website, its content, or the services offered, at our discretion and without prior notice. However, we do not guarantee the continuous updating of the Website. We hold no liability to you or any other party in the event of inaccuracies in the Website's information or if such information becomes outdated.

2. Scope

Prior to utilizing the Website, it is imperative that you thoroughly review the entire User Agreement, along with the Website policies and all interconnected information.

You are required to carefully peruse and acknowledge all terms delineated in this User Agreement, the Privacy Policy, and any other policies associated with the Website. By consenting to this User Agreement upon accessing our Website, you affirm that its provisions shall govern each instance of your Website usage, including interactions facilitated through the tools provided by us. Certain Websites may feature supplementary or alternative terms, which we shall furnish to you upon utilization of those specific services.

You are prohibited from using the Website if you:

1. Lack the capacity to enter into legally binding contracts;
2. Are under the age of 18;
3. Fall under the category of individuals barred from receiving or providing services as per the laws of the United Kingdom or any other relevant jurisdiction;
4. Have been suspended from accessing the Website; or
5. Do not possess a valid email address.

All free user accounts are intended for individual use only. Login credentials must not be shared among users. The individual associated with the account will bear full responsibility for all activities conducted through the account, without exceptions.

We reserve the right, at our sole discretion, to decline registration for any individual or entity as a User.

You are not permitted to transfer or delegate any rights or responsibilities outlined in this agreement without obtaining prior written consent.

4. Using MyJobsDone

When utilizing the Website, you are prohibited from engaging in or attempting any of the following actions:

1. Posting content or items in inappropriate categories or sections on our Websites and services;
2. Violating any laws, third-party rights, or our established policies;
3. Failing to fulfill payment for services received by you;
4. Failing to provide Seller Services that have been purchased from you;
5. Attempting to circumvent or manipulate our fee structure, the billing process, or any fees owed to MyJobsDone;
6. Publishing false, inaccurate, misleading, deceptive, defamatory, or offensive content, including personal information;
7. Taking any actions that may undermine the feedback or reputation systems, such as displaying, importing, or exporting feedback information for purposes unrelated to the Website;
8. Transferring your MyJobsDone account and Username to another party without obtaining our consent;
9. Distributing or posting spam, unsolicited, or bulk electronic communications, chain letters, or pyramid schemes;
10. Disseminating viruses or any other harmful technologies that may jeopardize Freelancer, the Website, or the interests or property of MyJobsDone users, including their Intellectual Property Rights, privacy, and publicity rights, or engaging in unlawful, threatening, abusive, defamatory, invasive of privacy, vulgar, obscene, profane, or harassing behavior that may cause distress or inconvenience to any person or incite hatred;
11. Downloading and aggregating listings from our website for display alongside listings from other websites without our explicit written permission, or attempting to "frame," "mirror," or otherwise incorporate any part of the Website into another website without our prior written authorization;
12. Attempting to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs utilized by us in connection with the Website;
13. Copying, modifying, or distributing rights or content from the Website or MyJobsDone's copyrights and trademarks;
14. Harvesting or otherwise collecting information about Users, including email addresses, without their consent.

5. Intellectual Property Rights Infringement

We are committed to addressing clear notices of alleged intellectual property rights infringement. Our Copyright Infringement Policy aims to simplify the process of submitting notices of alleged infringement to us while minimizing the occurrence of fraudulent or challenging-to-verify notices. If you believe that your Intellectual Property Rights have been infringed upon, kindly inform us through the designated link on our Website, and we will initiate an investigation.

6. Pricing and Services

We levy a commission for transactions conducted between clients and sellers, with the seller being responsible for this commission. When engaging in a service that incurs a fee, you will have the opportunity to review and accept the applicable fees, which may undergo periodic revisions and will be updated on our Website accordingly. We reserve the right to temporarily modify the fees for our services during promotional events, such as membership discounts, or for the introduction of new services. Such alterations take effect upon the publication of the temporary promotional event or new service on the Websites, or upon notification through promotional correspondence.

Unless explicitly specified otherwise, all fees are denominated in Euro.

7. Taxes

You are accountable for settling any taxes, including goods and services taxes or value-added taxes, that may be applicable based on the jurisdiction of the rendered services.

Your residency or location may subject you to specific ad valorem or other taxes on certain fees levied by us. If applicable, these taxes will be incorporated into the fees invoiced to you.

You recognize the necessity to fulfill your obligations under income tax regulations within your jurisdiction.

8. Promotion

We reserve the right to showcase your company or business name, logo, images, or other media in conjunction with Freelancer Services and/or other promotional materials associated with the Website.

You understand and agree that we may utilize the public description of your Projects and the content from your profile information on the Website for marketing and other relevant purposes.

9. Content

We do not assert ownership over your User Content; however, you grant us a non-exclusive, sublicensable, irrevocable, and royalty-free worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights, and other intellectual property rights to utilize, reproduce, transmit, print, publish, publicly display, exhibit, distribute, redistribute, copy, comment on, modify, adapt, translate, create derivative works based upon, publicly perform, make available, and otherwise exploit such User Content, either in whole or in part, across all media formats presently known or devised in the future, including on third-party sites and platforms, in any number of copies, and without limitation as to time, manner, or frequency of use, without further notice to you, and without necessitating permission from or payment to you or any other person or entity.

You acknowledge and agree that: (1) we serve solely as a platform for the online dissemination and publication of User content. We do not guarantee the availability of User content on the Website. We retain the right (but not the obligation) to take any action deemed appropriate by us regarding your User content; (2) we bear no responsibility or liability for the deletion or failure to store any content, regardless of whether the content was indeed available on the Website; and (3) any and all content submitted to the Website is subject to our approval. We reserve the right to reject, approve, or modify your User content at our sole discretion.

You affirm and warrant that your content:

1. Will not infringe upon or misappropriate any copyright, patent, trademark, trade secret, or other intellectual property right, proprietary right, or right of publicity or privacy of any individual;
2. Will not contravene any law or regulation;
3. Will not be defamatory or libelous;
4. Will not be obscene or contain child pornography;
5. Will not involve the development, design, manufacture, or production of missiles, nuclear, chemical, or biological weapons;
6. Will not contain material associated with terrorist activities;
7. Will not include incomplete, false, or inaccurate information about yourself or any other individual; and
8. Will not contain any viruses or other computer programming routines intended to damage, interfere with, intercept, or expropriate any system, data, or personal information.

You acknowledge and agree that we may transfer your personal information to an affiliated body corporate and that your information may be transferred outside of the European Economic Area (EEA). By consenting to this, you acknowledge and agree that we may be unable to provide you with access to the Website and MyJobsDone Services and may terminate your Account.

Information provided on the Website may offer general insights into legal, financial, health, and other subjects. This information does not constitute advice and should not be relied upon as such. You must not substitute professional advice with the information provided on the Website. For specific inquiries about any subject matter, you should consult with a qualified professional.

We grant unmonitored access to third-party content. We merely serve as a conduit and bear no liability arising from or relating to third-party content on the Website, whether arising under copyright laws or other intellectual property regulations, defamation, libel, privacy, obscenity, or any other legal principles.

The Website may contain links to other third-party websites. We do not exercise control over the websites we link to from the Website. We do not endorse the content, products, services, practices, policies, or performance of the websites linked to from the Website. Utilization of third-party content, links to third-party content, and/or websites is at your own risk.

Regarding the deletion or concealment of any information or content, utilizing the Website to delete, hide, or otherwise dispose of information does not signify the permanent removal of content or information. Information may be retained for a period to fulfill record-keeping, regulatory, compliance, statistical, law enforcement, and other obligations.

10. Feedback, Reputation and Reviews

You acknowledge that you transfer the copyright of any feedback, reputation, or reviews you provide, including comments and ratings (such as quality, communication, etc.), along with any composite rating generated by us. You acknowledge that such feedback, reputation, and reviews are the sole property of MyJobsDone, even though we grant you permission to use them on our Website while you remain a User. You are prohibited from using or handling such feedback, reputation, and reviews in a manner inconsistent with our policies as posted on the Website from time to time, without obtaining our prior written consent.

You are not permitted to take any action (or fail to take action) that may compromise the integrity of the MyJobsDone feedback system. We reserve the right to suspend or terminate your Account at any time if, in our sole and absolute discretion, we have concerns regarding any feedback received about you or your feedback rating, where we suspect that our feedback system may be undermined.

Our feedback ratings are our property and may only be utilized to facilitate the provision of Seller Services via the Website. You are prohibited from using your Seller or Buyer feedback (including, but not limited to, marketing or exporting any or all of your composite ratings or feedback comments) in any real or virtual setting other than a website operated by MyJobsDone or its affiliated entities, without obtaining our written authorization.

11. Advertising

Unless explicitly permitted by us, you are prohibited from promoting an external website, product, or service on the Website. Any website address posted on the Website, whether in a listing, bid, listing description, clarification board, or message board, must be relevant to a Project, Contest, listed item, user, or service being conducted on the Website.

We may exhibit advertisements or promotions on the Website. You acknowledge and agree that we shall bear no responsibility for any loss or damage incurred by you due to the presence of such advertisements or promotions, or any subsequent transactions with third parties. Additionally, you acknowledge and agree that the content of any advertisements or promotions may be safeguarded by copyrights, trademarks, service marks, patents, or other intellectual property or proprietary rights and laws. Unless expressly authorized by MyJobsDone or the respective third-party right holders, you agree not to modify, sell, distribute, appropriate, or create derivative works based on such advertisements or promotions.

12. Communication With Other Users

Interactions with other users on the Website should be conducted solely through the text, along with message boards, public clarification boards, Project message board, direct message sending, and other communication channels provided on the Website.

You are prohibited from posting your email address or any other contact information (including, but not limited to, Skype ID or other identifying strings on other platforms) on the Website, except in the "email" field of the signup form, at our request, or as otherwise permitted by us on the Website.

Unless you have an existing relationship with a User, you are required to communicate with Users exclusively via the Website. You must refrain from, and not attempt to, communicate with other Users through any alternative means, including but not limited to email, telephone, Messenger, SnapChat, GChat, or Yahoo.

Users may face penalties if found to engage in communications or transactions outside of the platform.

Concerning video chat and audio chat, any terms agreed upon between Users must be confirmed in writing using the chat or direct message function.

MyJobsDone reserves the right to utilize information such as your name, location, display or username, and/or your image, in relation to providing messaging services on the Website or in the mobile apps.

We retain the authority to review all correspondence posted to the Website and to download or access, and test (if necessary), all uploaded files, programs, and websites associated with your use of the Website, for the purpose of investigating fraud, regulatory compliance, risk management, and other relevant purposes.

13. Identity / Know Your Customer

By utilizing our services, you grant us, either directly or through third parties, the authority to conduct any inquiries we deem necessary to verify your identity. Upon our request, you must:

1. Furnish additional information, which may include your date of birth or other pertinent details allowing us to reasonably ascertain your identity;
2. Undertake measures to confirm ownership of your email address or financial instruments; or
3. Validate your information against third-party databases or alternative sources.

Furthermore, upon our request, you must provide copies of identification documents, such as your passport or driver's license. Additionally, we may require you to furnish photographic identification holding your identification alongside a sign containing a provided code, serving as an extra step in identity verification. We also retain the right to request a video interview with you to validate the aforementioned information, your identity, background, and skills.

In the event that we are unable to obtain or verify to our satisfaction the information requested under this section, we reserve the right to close, suspend, or restrict access to your Account, the Website, and/or MyJobsDone Services.

We also reserve the prerogative to update your particulars on the website to align with any identity documentation provided. Disbursements, such as wire transfers from the website, will solely be executed to the beneficiary matching the identity documents and account information you have provided.

If you have not undergone verification by MyJobsDone, you may be unable to withdraw funds from your MyJobsDone Account, and other restrictions may apply. For further details, please refer to the Know Your Customer and Identity Verification Policy.

14. User Services

Upon the Buyer's payment for the selected project from the Seller, it is understood that the Buyer and Seller have entered into a User Contract whereby the Buyer agrees to purchase and the Seller agrees to deliver the Seller Services. You are bound not to engage in any contractual provisions conflicting with the User Agreement.

You bear sole responsibility for ensuring compliance with your obligations to other Users. Failure to do so may render you liable to that User. It is imperative that you familiarize yourself with any domestic laws (including common law), international laws, statutes, ordinances, and regulations relevant to you as a Buyer or Seller, or in any other capacity in which you utilize the Website.

Should another User breach any obligations owed to you, you are solely accountable for enforcing any rights you may possess. We explicitly disclaim any responsibility for enforcing rights under a User Contract.

Sellers and Buyers may possess rights under statutory warranties depending on their jurisdiction, which cannot lawfully be excluded. This User Agreement is not intended to override any such rights as provided by applicable law. Furthermore, this User Agreement is crafted to ensure compliance with legislation pertaining to unfair contracts. If any provision of this User Agreement conflicts with inalienable rights under local laws, the parties intend for the agreement to be adjusted only to the extent necessary to comply with such local laws.

Each User acknowledges and agrees that the relationship between Buyers and Sellers is that of independent contractors. Nothing in this User Agreement establishes a partnership, joint venture, agency, or employment relationship between Users. Similarly, nothing herein shall be construed as forming a joint venture, partnership, or employer-employee relationship between MyJobsDone and any User

15. Funds

If you are a Seller, you may have positive funds in your Account if you have successfully completed a Project or sold an item, and the funds have been released to you.

Funds held in your Account are maintained by us in our operating accounts held with financial institutions. These funds are not held separately by us and may be mixed with our general operating funds and/or funds from other User Accounts.

You are not entitled to any interest or other earnings on funds held in your Account.

We may earn interest on funds held in our operating accounts by financial institutions. Any interest earned belongs to us, and we shall not be liable to any User for any imputed interest on such funds.

If your Account has negative funds, we may:

1. Offset the negative amount with funds subsequently received into your Account;
2. Deduct amounts you owe us from money subsequently added or received into your Account; or
3. Immediately suspend or limit your Account until the negative balance is cleared.

In the event that we offset a negative amount of funds pursuant to this section, it may be combined with another debit from your Account.

We reserve the right to collect any funds owed to us by any other legal means.

You acknowledge and agree that:

1. We are not a bank or licensed financial institution and do not offer banking or financial services to you;
2. The funds displayed in your Account represent our unsecured obligations to you concerning your rights to instruct us to make payments related to the purchase and sale of Seller Services through the Website and provision of Freelancer Services;
3. We do not act as a trustee or fiduciary regarding such funds or payments;
4. The amount of funds displayed in your Account is not insured and is not considered a guaranteed deposit;
5. Funds can only be loaded into or released from your Account through us, and you must only use the mechanisms provided on the Website to pay for or receive funds related to Seller Services;
6. Any necessary refunds will be returned only to the original deposit source and cannot be redirected to another payment source;
7. We will hold funds in an account with a financial institution (or in any manner determined by us in our sole discretion from time to time) and such funds are not segregated into a separate account;
8. We may mix your funds with those of other Users and our own funds, and such combined funds may be used to pay other Users, for our general corporate purposes, or otherwise. However, we will remain obligated to release or refund funds at your direction in accordance with this User Agreement.

16. Limits & Fraud Prevention

We retain the right to suspend a User's withdrawal request if the origin of the funds is suspected to be fraudulent.

In the event we discover that any funds received into an Account from another Account result from a fraudulent transaction, we will promptly reverse the transaction. If these funds have already been disbursed to you, you are obligated to return the funds to your Account. Failure to comply may result in the suspension, limitation, or cancellation of your account, or further action to recover said funds.

At our discretion, we may impose a limit on some or all of the funds in your Account (thus prohibiting their use) if:

1. We perceive an unacceptable risk level associated with you, your Account, or any or all of your transactions, including the risk of potential reversal or chargeback;
2. We suspect that the payment beneficiary is someone other than you;
3. The payment is directed to a country where our Service is not offered; or
4. We are legally obligated to do so by law or by relevant law enforcement agencies.

In the event of a dispute, we may temporarily restrict the funds in your Account to cover any potential liability. If the dispute is resolved in your favor, we will lift the fund limitation, and the funds may be released to you. Conversely, if the dispute is not resolved in your favor, we may deduct the funds from your Account. Additionally, we may impose an account limit if we suspect fraudulent or otherwise unacceptable behavior while investigating such matters.

17. Refunds

You have the right to request a refund for any funds used to pay for a service that you did not receive.

If we approve the refund, the funds will be returned to the User via the same payment method(s) used for the original payment to us.

We may issue refunds to Users under various circumstances, including but not limited to:

1. legal requirements;
2. avoidance of disputes or increased costs;
3. compliance with our refund policies;
4. identification of fraudulent payments; 
5. detection of duplicate payments made in error; or
6. anticipation of potential credit card chargebacks.

To request a refund, you can utilize our customer support website or email us at [email protected].

By initiating a chargeback request or similar process, you expressly consent to us sharing any relevant information regarding your agreement to these terms and conditions, to challenge any such chargeback request.

If you have already initiated a chargeback request with your credit card issuer, you must refrain from requesting a refund from us to avoid double recovery.

If, upon careful consideration of all pertinent circumstances, we determine that you have made an excessive or unreasonable number of refund requests or chargebacks, we reserve the right to suspend, limit, or close your Account.

18. Withdrawals

For security and fraud prevention purposes, there may be a delay of up to fifteen days for your first withdrawal of earned funds.

Subsequent withdrawals may also be subject to a delay of up to fifteen days if mandated by our fraud prevention policies.

We may establish a minimum withdrawal threshold for earned funds, as outlined in our schedule of Fees and Charges. Additionally, the maximum monthly withdrawal limit is $10,000, unless otherwise agreed upon with our support team.

Prior to initiating withdrawals from your MyJobsDone Account, it may be necessary for you to undergo verification procedures, regardless of whether a withdrawal delay is enforced.

You acknowledge and consent to our right to verify your identity or request additional information in accordance with our anti-fraud and Know Your Customer policy, as detailed in the "Identity / Know Your Customer" section of this agreement.

19. Inactive Accounts

User accounts that remain inactive for a period of 6 months will be deactivated.

The duration of this period and the corresponding maintenance fee are specified in our schedule of Fees and Charges.

We retain the right to close an Inactive Account.

Furthermore, we reserve the right to close any account with a zero or negative balance.

20. Right to Refuse Service

We reserve the right to close, suspend, or restrict your access to your Account without providing a specific reason. This action may be taken under various circumstances, including but not limited to:

1. Breach or suspected breach of this User Agreement.
2. Infringement of legal rights, including Intellectual Property Rights.
3. Engagement in fraudulent or illegal activities.
4. Failure to respond to account verification requests or complete verification within 3 months of the request date.
5. Inclusion in a sanctions regime or other restrictions that prevent us from conducting business with you.
6. Mitigation of any potential risk of loss to us, another User, or any other party.
7. Other justifiable reasons.

In the event of a breach of this User Agreement, you are liable to pay all owed fees and reimburse us for any resulting losses, costs, and expenses incurred, including but not limited to employee time and legal fees.

You acknowledge and agree that:

1. Damages resulting from your breach of this User Agreement may be significant and difficult to quantify, including fines and related expenses imposed by our payment processors and Users.
2. We reserve the right to impose fines of up to US$3,000 per breach or pursue legal action to recover losses exceeding the fine amount.
3. The specified fine amount serves as a reasonable estimate of our damages, considering the circumstances, and may be released from your Account to us.
4. If your Account is closed for reasons unrelated to a breach of this User Agreement, you will be entitled to receive any outstanding payments owed to you.

Upon closure of your Account, you waive any claims against us arising from such suspension or termination, unless otherwise stated in this User Agreement.

21. Disputes With Users

You acknowledge and agree that in the event of a dispute with another User regarding a Project, you will first attempt to resolve the differences directly. If difficulties persist, you are encouraged to contact MyJobsDone for assistance.

MyJobsDone retains the authority to arbitrate disputes between Users. Upon receiving a dispute, MyJobsDone may request documentation from both the Seller and Buyer to support their claims. MyJobsDone has the discretion to accept or reject any provided documents. However, it's important to note that MyJobsDone is not a judicial or alternative dispute resolution institution. Determinations will be made based on reasonable judgment.

You acknowledge that the accuracy and completeness of documents provided by disputing parties cannot be guaranteed. Therefore, you agree to indemnify and hold MyJobsDone and its affiliates harmless from any damages or liabilities resulting from false or misleading documentation.

Regarding disputes with other Website users, you agree to indemnify MyJobsDone against any claims, demands, and damages, known or unknown, arising from such disputes.

You agree to act fairly and reasonably during dispute resolution, refraining from any conduct involving threats, blackmail, or inducement of positive feedback. Failure to adhere to this Code of Conduct may result in automatic loss of the dispute and potential disciplinary action.

For further details, please refer to the Code of Conduct.

22. Disputes With Us

If a dispute arises between you and MyJobsDone, 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 our email at [email protected].

For any claim, MyJobsDone may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. If MyJobsDone 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 MyJobsDone 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 MyJobsDone 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, MyJobsDone may recover its legal fees and costs (including in-house lawyers and paralegals), provided that MyJobsDone 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, MyJobsDone 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.

MyJobsDone`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.

23. Survival and Release

This agreement prevails over any prior agreements between you and the Company. If any part of this document is deemed unenforceable, that part will be limited to the minimum extent necessary to ensure the document remains in full force and effect. Our failure to enforce any aspect of this document does not constitute a waiver of our rights to enforce it later or any other part of the document. We reserve the right to assign any of our rights and obligations under this document as needed.

In the event of a dispute between users on this site or between users and any third party, the Company is not obligated to intervene. Should you have a dispute with one or more other users, you release the Company, its officers, employees, agents, and successors from any claims, demands, and damages, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, arising from or related to such disputes and/or our Services.

24. Access and Interference

You agree not to use any robot, spider, scraper, or other automated means to access the Website without our express written permission.

Additionally, you agree not to:

1. Take any action that unreasonably or disproportionately burdens our infrastructure;
2. Interfere with, damage, manipulate, disrupt, disable, modify, overburden, or impair any device, software system, or network connected to or used in relation to the Website or your Account, or assist others in doing so;
3. Copy, reproduce, modify, create derivative works from, distribute, or publicly display any content from the websites without prior express written permission;
4. Interfere with the proper working of the Websites, services, or tools, or any activities conducted on or with them; or
5. Bypass our robot exclusion headers or other measures used to prevent or restrict access to the Website.

25. Closing Your Account

You can close your account at any time by sending an email to [email protected].

However, account closure is subject to:

1. Not having any outstanding listings on the Website.
2. Resolving any outstanding matters such as a suspension or restriction on your Account.

Please note that we may retain some of your personal information to satisfy regulatory requirements and our own external obligations. Closing your account does not necessarily delete or remove all of the information we hold.

26. Privacy

We use your information as described in the MyJobsDone Privacy Policy. If you object to your information being transferred or used in this way, then you must not use our services.

For clarification, your name and personal details shall be used for identity purposes in the normal course of conducting business in this online marketplace. This may include on invoices and purchase orders, including but not limited to transactions between transacting parties, including those automatically generated on awarding, accepting, and payment.

27. Indemnity

You will indemnify us (and our officers, directors, agents, subsidiaries, joint venturers, and employees) against any claim or demand, including legal fees and costs, made against us by any third party due to or arising out of your breach of this Agreement or your infringement of any law or the rights of a third party in the course of using the Website and MyJobsDone Services.

Additionally, we reserve the right to apply any funds in your Account against any liabilities you owe to us or losses suffered by us as a result of your non-performance or breach of this User Agreement.

28. Security

You must immediately notify us upon becoming aware of any unauthorized access or any other security breach to the Website, your Account, or the MyJobsDone Services and take all necessary steps to mitigate the unauthorized access or security breach (including preserving evidence and notifying appropriate authorities). Your User Account is yours alone, and you must not share your password with others. You are solely responsible for securing your password. We will not be liable for any loss or damage arising from unauthorized access to your account resulting from your failure to secure your password.

29.No Warranty as to Each User's Purported Identity

While we strive to provide accurate information about users, please note that we cannot verify each user's identity on the Website. Any information we provide about a user, such as their strength or risk score, geographical location, or third-party background check, is based solely on the data provided by the user. This information is offered solely for the convenience of users and should not be construed as an introduction, endorsement, or recommendation by us.

30. No Warranty as to Content

The Website is a dynamic and time-sensitive platform. Consequently, information on the Website may change frequently. It is possible that some information could be considered offensive, harmful, inaccurate, or misleading, either accidentally by us or purposefully by a third party.

Our Services, the Website, and all content on it are provided on an "as is," "with all faults," and "as available" basis, without warranties of any kind, either express or implied. We make no representation or warranty about:

1. The Website or any Seller Services or Freelancer Services;
2. The accuracy, reliability, availability, veracity, timeliness, or content of the Website or any Seller Services or Freelancer Services;
3. Whether the Website or Seller Services or Freelancer Services will be up-to-date, uninterrupted, secure, error-free, or non-misleading;
4. Whether defects in the Website will be corrected;
5. Whether the Website, the Seller Services, or the Freelancer Services or any data, content, or material will be backed up or whether business continuity arrangements are in place regarding the Website, Seller Services, or Freelancer Services;
6. Any third-party agreements or any guarantee of business gained by you through the Website, Seller Services, or Freelancer Services or us;
7. The Website, Seller Services, or Freelancer Services, or infrastructure on which they are based, being error or malicious code-free, secure, confidential, or performing at any particular standard or having any particular function.

To the extent permitted by law, we specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose, quality, suitability, and non-infringement.

31. Limitation of Liability

In no event shall we, our related entities, our affiliates, or staff be liable, whether in contract, warranty, tort (including negligence), or any other form of liability, for:

1. Any indirect, special, incidental, or consequential damages that may be incurred by you;
2. Any loss of income, business, or profits (whether direct or indirect) that may be incurred by you;
3. Any claim, damage, or loss which may be incurred by you as a result of any of your transactions involving the Website.

The limitations on our liability to you above shall apply whether or not we, our related entities, our affiliates, or staff have been advised of the possibility of such losses or damages arising.

Notwithstanding the above provisions, nothing in this User Agreement is intended to limit or exclude any liability on the part of us and our affiliates and related entities where and to the extent that applicable law prohibits such exclusion or limitation, including those within the Competition and Consumer Act 2010 (Cth) and relevant state fair trading legislation.

To the extent that we are able to limit the remedies available under this User Agreement, we expressly limit our liability for breach of a non-excludable condition or warranty implied by virtue of any legislation to the following remedies (the choice of which is to be at our sole discretion): to the supply of the MyJobsDone services again or the payment of the cost of having the MyJobsDone services supplied again.

32. Legal Limitations

In jurisdictions where certain exclusions or limitations are not permitted, some of the provisions outlined above may not apply to you. In such cases, the liability will be restricted to the extent legally permissible under the relevant legislation. We reserve the right to cite this User Agreement as a defense against any claim, action, proceeding, or suit initiated by you against us arising from any transaction or related to this User Agreement.

Both parties agree that claims may only be brought against each other on an individual basis and not as part of a class action or representative proceeding. Unless mutually agreed otherwise, the arbitrator may not consolidate or combine claims from multiple parties and may not preside over any form of consolidated, representative, or class proceeding. Additionally, the arbitrator may grant relief, including monetary, injunctive, and declaratory relief, solely in favor of the individual seeking relief and only to the extent necessary to address that individual's specific claim(s). Any relief granted cannot impact other Users.

33. Notices

We will deliver legal notices to the email address you provide during the registration process on MyJobsDone. Notification is considered received 24 hours after the email is sent, unless we are informed that the email address is invalid or the email was undelivered. Alternatively, we may send legal notices by mail to the address you provided during registration. In this scenario, notice will be considered received three days after the mailing date.

34. Severability

The clauses within this User Agreement are separable, meaning that if any provision is deemed invalid or unenforceable, it can be omitted while the remaining provisions will still be upheld. We reserve the right to transfer this Agreement to an affiliated entity or a third party without requiring your consent, particularly in cases of asset sales or transfers. However, in the event of such a sale or transfer, you will still be obligated by the terms outlined in this User Agreement.

35. Interpretation

Headings serve as reference points exclusively and do not in any manner establish, restrict, interpret, or delineate the scope or extent of the respective section.

36. No Waiver

Our inaction regarding an anticipated or actual breach by you or others does not waive our right to take action regarding subsequent or similar breaches. However, this section does not exempt or limit your liability in cases involving fraud or fraudulent misrepresentation.

37. Communications

You agree to receive notices and information from us regarding the Website and Services through electronic communication. You have the right to withdraw this consent at any time, although doing so may result in the suspension or closure of your Account.

38. General

OPEN WAY LTD (the "Company"), registered under the number 15074503.

This Agreement contains the entire understanding and agreement between you and MyJobsDone.

39. Abusing MyJobsDone

MyJobsDone reserves the right, to the fullest extent possible, to limit, suspend, or terminate our services and/or user accounts, as well as to suspend or ban access to our services, remove any content, and take any necessary technical or legal actions to ban users.

This action may be taken for various reasons, including but not limited to:

1. Using our services for illegitimate or non-bona fide purposes.
2. Causing issues with other users or potential legal liabilities.
3. Infringing upon the intellectual property rights of third parties.
4. Acting in a manner inconsistent with the letter or spirit of any of our policies.
5. Engaging in abusive behavior towards staff members, including inappropriate or unreasonable communications.
6. Attempting to use MyJobsDone's platform or services for objectionable purposes.

40. Feedback

If you have any inquiries regarding this User Agreement or if you wish to report any breaches of this agreement, please don't hesitate to contact us by sending an email to [email protected].