Terms and Conditions
Here are our terms and conditions.
The Mygneto terms & conditions provide a guideline to help you understand Mygneto and your own
obligations and responsibilities on the Mygneto Platform. Mygneto now provides a Task Contract
to enable Users to understand their contractual rights and obligations when performing or receiving
Services. Mygneto has also updated information regarding its payment facilities and dispute
User Agreement: www.mygneto.com
Mygneto operates an online platform allowing Users to connect through the Mygneto Platform with
other Users who provide Services.
carefully before using the Mygneto Platform. These Policies are incorporated into this Agreement
All defined terms in this Agreement have the meaning given to them in the Mygneto Glossary.
- SCOPE OF MYGNETO SERVICE
Mygneto provides the Mygneto Platform to enable Job Posters to publish Posted Tasks.
o Mygneto Workers may make an Offer in response to a Posted Task. Parts of Offer
details may be made publicly available, including to internet users who are not Users.
- o A Job Poster may revoke or modify a Posted Task at any time before he/she accepts an Offer. Mygneto reserves the right
to cancel all Offers on a Posted Task made prior to the modification or amendment.
- o If a Job Poster accepts an Offer on the Mygneto Platform, a Task Contract is created between the Mygneto Worker and the
- o Upon creation of a Task Contract, the Job Poster must pay the Task Payment into Mygneto Account.
- o Upon creation of the Task Contract, Mygneto has rendered Mygneto Services and the Fees are due and payable.
- o Once the Task Contract is created, the Mygneto Worker and Job Poster may vary the Task Contract on the Mygneto Platform.
The Job Poster and Mygneto Worker are encouraged to use Mygneto's private messaging system to amend or vary the Task Contract
or to otherwise communicate.
- o The Mygneto Worker must perform the Services required under the Task Contract.
- o Once the Services are complete, the Mygneto Worker must provide notice of that on the Mygneto Platform.
- o Once the Services are complete, the Job Poster must provide notice of that on the Mygneto Platform.
- o Once the Posted Task has been completed and the Job Poster confirms the Services are completed, or if Mygneto is satisfied
the Services have been completed, the Worker Payment will be released from the Mygneto Account.
- o After the Task Contract is completed, the parties are encouraged to review and provide feedback of the Services on the
- o Mygneto may provide a feature enabling Users to request Services based on another User's skills, reputation or other attributes.
When this occurs, that User will be automatically notified of the new Posted Task, and that the Job Poster would like the
User to make an Offer to supply Services. However, that User will not have any further special rights and will need to follow
the normal offer process to become the Mygneto Worker for the Posted Task.
- MYGNETO'S ROLE AND OBLIGATIONS
o Mygneto provides the Mygneto Platform only, enabling Users to publish Posted Tasks and make Offers on Posted Tasks.
- o Mygneto only permits individuals over 18 years of age to become Users.
- o Users must be natural persons, but can specify within their account description that they represent a business entity.
- o At its absolute discretion, Mygneto may refuse to allow any person to register or create an account with Mygneto or cancel
or suspend any existing account.
- o Registering and creating an account with Mygneto is free. There is no charge for a Job Poster to post tasks, or for other
Mygneto Users to review content on the Mygneto Platform, including Posted Tasks.
- o Mygneto accepts no liability for any aspect of the Job Poster and Mygneto Worker interaction, including but not limited
to the description, performance or delivery of Services.
- o Mygneto has no responsibility and makes no warranty as to the truth or accuracy of any aspect of any information provided
by Users, including, but not limited to, the ability of Mygneto Workers to perform tasks or supply items, or the honesty
or accuracy of any information provided by Job Posters or the Job Posters' ability to pay for the Services requested.
- o Except for liability in relation to any Non-Excludable Condition, the Mygneto Service is provided on an "as is" basis,
and without any warranty or condition, express or implied. To the extent permitted by law, we and our suppliers specifically
disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement to extent
allowed by law.
- o Mygneto has no obligation to any User to assist or involve itself in any dispute between Users although may do so to improve
- USER OBLIGATIONS
• You will at all times:
o comply with this Agreement (including all Policies) and all applicable laws and regulations;
- o only post accurate information on the Mygneto Platform;
- o promptly and efficiently perform obligations to other User under a Task Contract; and
- o ensure that You are aware of any laws that apply to You as a Job Poster or Mygneto Worker, or in relation to using the
- • You agree that any content (whether provided by Mygneto, a User or a third party) on the Mygneto Platform may not be used
on third party sites or for other business purposes without Mygneto's prior permission.
- • You must not use the Mygneto Platform for any illegal or immoral purpose.
- • You must maintain control of Your Mygneto account and must not deal your account in any way, including by allowing others
to use Your account, or by transferring or selling Your account or any of its content to another person.
- • You grant Mygneto an unrestricted, worldwide, royalty-free licence to use, reproduce, modify and adapt any content and
information posted on the Mygneto Platform for the purpose of publishing material on the Mygneto Platform and as otherwise
may be required to provide the Mygneto Service, for the general promotion of the Mygneto Service, and as permitted by this
- • You agree that any information posted on the Mygneto Platform must not, in any way whatsoever, be potentially or actually
harmful to Mygneto or any other person. Harm includes, but is not limited to, economic loss that will or may be suffered
- • Without limiting any provision of this Agreement, any information You supply to Mygneto or publish in a Posted Task must
be up to date and kept up to date and must not:
- *(a) be false, inaccurate or misleading or deceptive;
- *(b) be fraudulent or involve the sale of counterfeit or stolen items;
- *(c) infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or intellectual property
rights, rights of publicity, confidentiality or privacy;
- *(d) violate any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export
and import control, consumer protection, unfair competition, criminal law, antidiscrimination and trade practices/fair trading
- *(e) be defamatory, libellous, threatening or harassing;
- *(f) be obscene or contain any material that, in Mygneto sole and absolute discretion, is in any way inappropriate or unlawful,
including, but not limited to obscene, inappropriate or unlawful images; or
- *(g) contain any malicious code, data or set of instructions that intentionally or unintentionally causes harm or subverts
the intended function of any Mygneto Platform, including, but not limited to viruses, Trojan horses, worms, time bombs, cancelbots,
Easter eggs or other computer programming routines that may damage, modify, delete, detrimentally interfere with, surreptitiously
intercept, access without authority or expropriate any system, data or personal information.
- • Mygneto Platform may from time to time engage location-based or map-based functionality. The Mygneto Platform may display
the location of Job Posters and Mygneto Workers to persons browsing the Mygneto Platform. Each Job Poster will be asked to
provide the street and suburb where the Services are to be delivered. A Job Poster should never disclose personal details
such as the Job Poster's full name, street number, phone number or email address in a Posted Task or in any other public
communication on the Mygneto Platform.
- • If You are an Mygneto Worker,You must have the right to provide Services under a Task Contract and to work in Australia.
You must comply with tax and regulatory obligations in relation to any payment (including a Worker Payment) received under
a Task Contract.
- • Mygneto Workers must provide Services to Job Posters in accordance with the Task Contract, unless the Services are prohibited
by law, this Agreement, an agreement between the User and a Third-Party Provider or by any of our Policies.
- • You must not, when supplying Services, charge a Job Poster Fees on top of the Worker Payment.
- • You must not request payments outside of the Mygneto Platform from the Job Poster except to the extent permitted by clause
3 and only if the Mygneto Platform does not facilitate the reimbursement via the Mygneto Account of costs considered in clause
- • If an Mygneto Worker agrees to pay some costs of completing the Services (such as equipment to complete the Services),
the Mygneto Worker is solely responsible for obtaining any reimbursement from the Job Poster. Mygneto advises Mygneto Workers
not to agree to incur costs in advance of the Task Payment unless the Mygneto Worker is confident the Job Poster will reimburse
the costs promptly.
- • If Mygneto determines at its sole discretion that You have breached any obligation under this clause 3, it reserves the
rights to remove any content, Posted Task or Offer You have submitted to the Mygneto Service or cancel or suspend Your account
and/or any Task Contracts.
• Upon the creation of a Task Contract, the Users owe Mygneto the Fees. Fees will automatically be deducted from the Task
Payment held in the Mygneto Account.
- • If the Posted Task requires an Mygneto Worker to incur costs in completing the Services, the cost incurred will not be
included in any calculation of Fees.
- • Fees do not include any fees that may be due to Third Party Service providers. All Third-Party Service providers are paid
pursuant to a User's separate agreement with that Third Party Service provider.
- • Mygneto may from time to time change the Fees and the terms applying to their payment. Any change relating to the Fees
is effective fourteen (14) days after Mygneto notifies You of that change by sending a message to your Mygneto account, or
by notifying You the next time you login to the Mygneto Platform.
- • Mygneto may choose to temporarily modify the Fees, or the terms applying to their payment, in its sole discretion. Notification
of temporary modifications will also be sent to Your account.
- • All Fees and charges payable to Mygneto are non-cancellable and non-refundable, subject to Your rights under any Non-Excludable
- • If Mygneto introduces a new service on the Mygneto Platform, the Fees applying to that service will be payable as from
the launch of the service.
PAYMENTS AND REFUNDS
- • If:
- o the Job Poster and the Mygneto Worker mutually agree to cancel the Task Contract; or
- o following
reasonable attempts by a Job Poster to contact an Mygneto Worker to perform the Task Contract, the Task Contract is cancelled;
- o Mygneto is satisfied that the Task Payment should be returned to the Job Poster, then Mygneto will pay the Worker Payment
held in the Mygneto Account to the Job Poster. Mygneto may also pay to the account of the Job Poster, on behalf of the Mygneto
Worker, an additional amount equivalent to the Fees collected in connection with the Task Contract.
- • Any amount paid by
Mygneto on behalf of an Mygneto Worker under clause 5.1 will be a debt owed by the Mygneto Worker to Mygneto.
- • If, for any
reason, a Worker Payment cannot be transferred or otherwise made to the Mygneto Worker or returned to the Job Poster (as
the case may be) or no claim is otherwise made for a Worker Payment, the Worker Payment will remain in the Mygneto Account
until paid or otherwise for up to three months from the date the Job Poster initially paid the Task Payment into the Mygneto
- • All payments will be paid in workers account.
- BUSINESS PARTNERS
- • Mygneto may enter into agreements with Business Partners and may seek to engage Mygneto Workers in the provision of Business Services. Mygneto Workers who agree to perform Business Services for Business Partners acknowledge and agree that Mygneto and the Business Partner may on-sell Services supplied to third parties for an increased fee.
- • Business Partners may require Mygneto Workers providing Business Services to be approved or hold particular qualifications. Mygneto may assist Business Partners to locate suitably qualified Mygneto Workers. Mygneto makes no warranty that it will promote any or all suitably qualified Mygneto Workers to Business Partners.
- • Business Partners may require Mygneto Workers to enter into a Business Partner Contract before providing Business Services.
- • Where an Mygneto Worker accepts a Posted Task with a Business Partner:
- o the Mygneto Worker must provide Business Services to the Business Partner in accordance with the Task Contract and any applicable Business Partner Contract; and
- o the terms of the Business Partner Contract will prevail to the extent of any inconsistency.
- PAYMENT FACILITY
- • Mygneto may use an Mygneto Provider to operate the Mygneto Account.
- • In so far as it is relevant to the provision of the Mygneto Account, the termswww.payu.in and www.paypal.com are incorporated into this Agreement and will prevail over this Agreement to the extent of any inconsistency in relation to the provision of the Mygneto Account.
- THIRD PARTY SERVICES
- • Mygneto may from time to time include Third Party Services on the Mygneto Platform. These Third Party Services are not provided by Mygneto.
- • Third Party Services are offered to Users pursuant to the third party's terms and conditions. Third Party Services may be promoted on the Mygneto Platform as a convenience to our Users who may find the Third Party Services of interest or of use.
- • If a User engages with any Third Party Service provider, the agreement will be directly between the User and that Third Party Service provider.
- • Mygneto makes no representation or warranty as to the Third Party Services. However, to help us continue to improve our Mygneto Platform, Users may inform Mygneto of their Third Party Service experience here.
- VERIFICATION & BADGES
- • Mygneto may use Identity Verification Services.
- • You agree that Mygneto Identity Verification Services may not be fully accurate as all Mygneto Services are dependent on User-supplied information and/or information or verification services provided by third parties.
- • You are solely responsible for identity verification and Mygneto accepts no responsibility for any use that is made of an Mygneto Identity Verification Service.
- • Mygneto Identity Verification Services may be modified at any time.
- • The Mygneto Platform may also include a User-initiated feedback system to help evaluate Users.
- • Mygneto may make Verification Icons available to Mygneto Workers. The available Verification Icons can be requested by the Mygneto Worker via the MygnetoPlatform and arranged on behalf of the Mygneto Worker and issued by Mygneto, for a fee. Obtaining a Verification Icon may be subject to the provision of certain information or documentation by the Mygneto Worker and determined by Mygneto or a third-party verifier subject to its terms. It remains the Mygneto Worker's responsibility to ensure that information or documentation it provides in obtaining a Verification Icon is true and accurate and must inform Mygneto immediately if a Verification Icon is no longer valid.
- • Mygneto may, at its discretion, issue Mygneto Badges to Mygneto Workers for a fee.
- • The issue of a Verification Icon or Mygneto Badge to an Mygneto Worker remains in the control of Mygneto and the display and use of a Verification Icon or Mygneto Badge is licensed to the Mygneto Worker for use on the Mygneto Platform only. Any verification obtained as a result of the issue of a Verification Icon or Mygneto Badge may not be used for any other purpose outside of the Mygneto Platform.
- • Mygneto retains the discretion and right to not issue, or remove without notice, a Verification Icon or Mygneto Badge if You are in breach of any of the terms of this Agreement, the Verification Icon or Mygneto Badge has been issued incorrectly, obtained falsely, has expired, is no longer valid or for any other reason requiring its removal by Mygneto.
- • Mygneto may offer its Users an opportunity to obtain insurance for certain Task Contracts. All such insurance will be offered by a third party. Any application and terms and conditions for such third-party insurance will be available at the Mygneto website when they are available. Mygneto confirms that all insurance policies are Third Party Services and subject to further terms set out for Third Party Services.
- • Mygneto does not represent that any insurance offered via the Mygneto Platform is adequate or appropriate for any particular User. Each User must make its own enquiries about whether any further insurance (such as workers compensation insurance) is required.
- • Mygneto, may also take out some accidental property and injury insurance itself and that insurance may extend cover Mygneto Workers for certain types of work. You acknowledge and agree that in the event that a claim is made relating to any services performed and/or goods provided by an Mygneto Worker, and the insurance taken out by Mygneto (if any) responds to that claim then this clause applies. If a claim is made against an Mygneto Worker, Mygneto may elect to make a claim under such policy and if the claim is successful, Mygneto reserves its right to recover any excess or deductible payable in respect of the claim from the Mygneto Worker. Where Mygneto makes a claim and the insurer assesses that the Mygneto Worker is responsible, Mygneto is entitled to rely on that assessment. If you do not pay any excess due under this clause, Mygneto may also elect to set this amount off some or all of the excess paid by it against future moneys it may owe to the Mygneto Worker.
- • The Mygneto Worker acknowledges and agrees that in the event that a claim is made relating to any services performed and/or goods provided by an Mygneto Worker, and the insurance taken out by Mygneto (if any) does not respond to the claim or the claim is below the excess payable to the insurer, then this clause applies. Mygneto may elect to pay an amount to settle the claim. To the extent that the Mygneto Worker was or would be liable for the amount of the claim, the amount paid by Mygneto may be recovered by Mygneto from the Mygneto Worker. Mygneto may also elect to set this amount off against future moneys it may owe to the Mygneto Worker.
- • You can complain about any comment made on the Mygneto Platform using the 'Report' function of the Mygneto Platform or contact Mygneto via the Mygneto Platform.
- • Mygneto is entitled to suspend or terminate Your account at any time if Mygneto, in its sole and absolute discretion, is concerned by any feedback about You, or considers Your feedback rating to be problematic for other Mygneto Users.
- LIMITATION OF LIABILITY
- • Except for liability in relation to breach of Non-excludable Condition, to the extent permitted by law Mygneto specifically disclaims all liability for any loss or damage (actual, special, direct, indirect and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed (including, without limitation, loss or damage relating to any inaccuracy of information provided, or the lack of fitness for purpose of any goods or service supplied), arising out of or in any way connected with any transaction between Job Posters and Mygneto Workers.
- • Except for liability in relation to a breach of any Non-excludable Condition, to the extent permitted by law, Mygneto specifically disclaims all liability for any loss or damage (actual, special, direct, indirect and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed (including, without limitation, loss or damage relating to any inaccuracy of information provided, or the lack of fitness for purpose of any goods or service supplied), arising out of or in any way connected with any transaction between You and any Third Party Service Provider who may be included from time to time on the Mygneto Platform.
- • Except for liability in relation to a breach of any Non-excludable Condition, Mygneto's liability to any User of the Mygneto Service is limited to the total amount of payment made by that User to Mygneto during the twelve-month period prior to any incident causing liability of Mygneto, or $50, whichever is greater.
- • Mygneto's liability to You for a breach of any Non-excludable Condition (other than a Non-excludable Condition that by law cannot be limited) is limited, at our option to any one of resupplying, replacing or repairing, or paying the cost of resupplying, replacing or repairing goods in respect of which the breach occurred, or supplying again or paying the cost of supplying again, services in respect of which the breach occurred.
- MODIFICATIONS TO THE AGREEMENT
- • Mygneto may modify this Agreement or the Policies (and update the Mygneto pages on which they are displayed) from time to time. Mygneto will send notification of such modifications to Your Mygneto account or advise You the next time Your login.
- • When You actively agree to the terms (for example, by clicking a button saying "I accept") or use the Mygneto Platform in any manner, including engaging in any acts in connection with a Task Contract, the modified terms will be effective immediately. In all other cases, the amended terms will automatically be effective 30 days after they are initially notified to You.
- • If You do not agree with any changes to this Agreement (or any of our Policies), You must notify Mygneto who will terminate your Mygnetoaccount and stop using the Mygneto Services. Except as specifically described in or authorised by this Agreement, the terms of this Agreement and any Mygneto Policy cannot be amended except in writing signed by You and Mygneto.
- NO AGENCY
- • No agency, partnership, joint venture, employee-employer or other similar relationship is created by this Agreement. In particular You have no authority to bind Mygneto, its related entities or affiliates in any way whatsoever. Mygneto confirms that all Third-Party Services that may be promoted on the Mygneto service are provided solely by such Third-Party Service providers. To the extent permitted by law, Mygneto specifically disclaims all liability for any loss or damage incurred by You in any manner due to the performance or non-performance of such Third-Party Service.
- • Except as stated otherwise, any notices must be given by registered ordinary post or by email, either to Mygneto's contact address as displayed on the Mygneto Platform, or to Mygneto Users' contact address as provided at registration. Any notice shall be deemed given:
- o (a) if sent by email, 24 hours after email is sent, unless the Job Poster is notified that the email address is invalid or the email is undeliverable, and
- o (b) if sent by pre-paid post, three Business Days after the date of posting, or on the seventh Business Day after the date of posting if sent to or posted from outside Australia. In this section, "Business Day" means a day on which banks are open for general business in Sydney, New South Wales, other than a Saturday, Sunday or public holiday.
- • Notices related to performance of any Third-Party Service must be delivered to such Third Party as set out in Third Party Service Provider terms and conditions.
MEDIATION AND DISPUTE RESOLUTION
- • Mygneto encourages You to try and resolve disputes (including claims for returns or refunds) with other Users directly. Accordingly, You acknowledge and agree that Mygneto may, in its absolute discretion, provide Your information as it decides is suitable to other parties involved in the dispute.
- • Mygneto may provide access to a Third-Party Dispute Service. If such a service is provided, either party may require the other party to submit the Third-Party Dispute Service if the parties have failed to resolve the dispute directly. Terms and conditions for the Third-Party Dispute Service are located at www.Mygneto.comMygneto confirms that Third Party Dispute Service is a Third-Party Service and subject to further terms set out for Third Party Services. The Users are responsible for paying any costs associated with the Third-Party Dispute Service in accordance with the Third-Party Dispute Service terms and conditions.
- • Disputes with any Third-Party Service provider must proceed pursuant to any dispute resolution process set out in the terms of service of the Third-Party Service Provider.
- • Mygneto has the right to hold any Task Payment the subject of a dispute in the Mygneto Account, until the dispute has been resolved.
- • If You have a complaint about the Mygneto Service please contact us here
- • If Mygneto provides information of other Mygneto Users to You for the purposes of resolving disputes under this clause, you acknowledge and agree that such information will be used only for the purpose of resolving the dispute (and no other purpose) and that you will indemnify Mygneto against any claims relating to any other use of information not permitted by this Agreement.
- • Either You or Mygneto may terminate your account and this Agreement at any time for any reason.
- • Termination of this Agreement does not affect any Task Contract that has been formed between Mygneto Users. If You have entered a Task Contract You must comply with the terms of that Task Contract including providing the Services or paying the Task Payment as applicable.
- • Third Party Services are subject to Third Party Service provider terms and conditions.
- • Sections 4 (Fees), 13 (Limitation of Liability) and 18 (Mediation and Dispute Resolution) and any other terms which by their nature should continue to apply, will survive any termination or expiration of this Agreement.
- • If Your account or this Agreement are terminated for any reason then You may not without Mygneto's consent (in its absolute discretion) create any further accounts with Mygneto and we may terminate any other accounts You operate.
- • This Agreement is governed by the laws of New South Wales, Australia. You and Mygneto submit to the exclusive jurisdiction of the courts of New South Wales, Australia.
- • The provisions of this Agreement are severable, and if any provision of this Agreement is held to be invalid or unenforceable, such provision may be removed and the remaining provisions will be enforceable.
- • This Agreement may be assigned or novated by Mygneto to a third party without your consent. In the event of an assignment or novation User will remain bound by this Agreement.
- • This Agreement sets out the entire understanding and agreement between User and Mygneto with respect to its subject matter.
The terms used in this Task Contract have the meaning set out in the Mygneto Glossary. A Task Contract is created in accordance with the Mygneto Agreement. The Job Poster and the Mygneto Worker enter into this Task Contract on the following terms:
- COMMENCEMENT DATE AND TERM
- o This Task Contract is created when the Job Poster accepts the Mygneto Worker's Offer on a Posted Task to provide Services.
- o This Contract will continue until terminated in accordance with clause 7.
- o The Mygneto Worker will perform Services in a proper and workmanlike manner.
- o The Mygneto Worker must perform the Services at the time and location agreed.
- o Each party warrants that the information provided in the creation of this Task Contract is true and accurate.
- o The Mygneto Worker warrants that he/she has the right to work and provide Services and hold relevant licences in Australia.
- o The parties incorporate the Consumer Guarantees into this Task Contract, even if they are not already incorporated by law.
- PAYMENT OR CANCELLATION
- o Upon the creation of this Task Contract, the Job Poster must pay the Task Payment into the Mygneto Account.
- o Upon the Services being completed, the Mygneto Worker will provide notice on the Mygneto Platform.
- o The Job Poster will be prompted to confirm the Services are complete. If the Mygneto has completed the Services in accordance with clause 2, the Job Poster must use the Mygneto Platform to release the Worker Payment from the Mygneto Account.
- o If the parties agree to cancel this Task Contract, or the Job Poster is unable to contact the Mygneto Worker to perform the Task Contract, the Worker Payment will be dealt with in accordance with the User Agreement.
- LIMITATION OF LIABILITY
- o Except for liability in relation to a breach of a Non-excludable Condition, the parties exclude all Consequential Loss arising out of or in connection to the Services, and any claims by any third person, or this Task Contract, even if the party causing the breach knew the loss was possible or the loss was otherwise foreseeable.
- o The liability of each party to the other except for a breach of any Non-Excludable Condition is capped at the Task Payment.
- o If a dispute arising between the parties, the parties will attempt to resolve the dispute within 14 days by informal negotiation (by phone, email or otherwise).
- o If the parties are unable to resolve the dispute in accordance with clause 6.1, either party refer the dispute to the Third-Party Dispute Service and act in accordance with the Third-Party Dispute Service's terms and conditions.
- TERMINATION OF CONTRACT
- This Task Contract will terminate when:
- o the Services are completed and the Task Payment is released from the Mygneto Account;
- o a party is terminated or suspended from the Mygneto Platform, at the election of the other party;
- o when otherwise agreed by the parties or the Third-Party Dispute Service; or
- o notified by Mygneto in accordance with the party's Mygneto Agreement.
- APPLICATION OF POLICIES
- The parties incorporate by reference the applicable Policies.
- GOVERNING LAW
- This Task Contract is governed by the laws of Victoria-Australia. The parties submit to the exclusive jurisdiction of Melbourne.
"ACL" means the Australian Consumer Law.
‘AFW” means the Australian Fair work Commission
"Agreement" means the most updated version of the agreement between Mygneto and a User.
"Mygneto" "we" "us" "our" means Mygneto Pty Ltd ACN 615 404 656.
"Mygneto Badge" means a badge that may be issued to a User based on the User meeting certain qualifications or other thresholds, including Verification Icons, as determined and set by Mygneto.
"Mygneto Platform" means the Mygneto website at http://www.Mygneto.com/, Mygneto smartphone app, and any other affiliated platform that may be introduced from time to time.
"Mygneto Services" means the service of providing the Mygneto Platform.
"Mygneto Worker" means a User who provides Services to Job Posters.
"Business Partner Contract" means a contract between a Business Partner and an Mygneto Worker to perform Business Services.
"Business Partner" means the business or individual that enters into an agreement with Mygneto to acquire Business Services.
"Business Services" means Services provided by an Mygneto Worker to a Business Partner acquired for the purpose of on selling to a third party (such as the Business Partner's customer).
"Consequential Loss" means any loss, damage or expense recoverable at law:
- other than a loss, damage or expense that would be suffered or incurred by any person in a similar situation to the person suffering or incurring the loss, damage or expense; or
- which is a loss of:
- o a. opportunity or goodwill;
- o b. profits, anticipated savings or business;
- o c. data; or
- o d. value of any equipment,
and any costs or expenses incurred in connection with the foregoing.
"Consumer Guarantees" means the consumer guarantees contained in Part 3-2 of the ACL.
"Fees" means all fees payable to Mygneto by Users including the Service Fee.
"Identify Verification Services" means the tools available to help Users verify the identity, qualifications or skills of other Users including mobile phone verification, verification of payment information, References, integration with social media, Mygneto Badges and Verification Icons.
"Job Poster" means a User that posts on the Mygneto Platform in search of particular Services.
"Marketing Material" means any updates, news and special offers in relation to Mygneto or its Third Party Services.
"Non-excludable Condition" means any implied condition, warranty or guarantee in a contract, the exclusion of which would contravene the law or cause any part of the contract to be void.
"Offer" means an offer made by an Mygneto Worker in response to a Posted Task to perform the Services.
"Posted Task" means the Job Poster's request for Services, and includes the deadline for completion, price and description of the Services to be provided.
"Reference" means a feature allowing a User to request other Users to post a reference on the Mygneto Platform endorsing that User.
"Services" means the services to be rendered as described in the Posted Task, including any variations or amendments agreed before or subsequent to the creation of a Task Contract.
"Service Fee" means the fee payable by the Mygneto Worker as consideration for Mygneto connecting the Mygneto Worker with the Job Poster, being fifteen (15) percent of the Task Payment.
"Site" means the website at http://www.Mygneto.com/.
"Stored Value Card" means the physical or virtual card, coupon, voucher or code containing credit or a discount for use on the Mygneto Platform.
"Take Down Notice" means any such request for Mygneto to remove content on the Mygneto Platform due to a claim of copyright infringement.
"Task Contract" means the separate contract which is formed between a Job Poster and an Mygneto Worker for Services, the terms of which is including in Appendix A to the Agreement.
"Task Payment" means the payment into the Mygneto Account made by the Job Poster at the agreed price for Services (including any variation) but does not include any costs incurred by the Mygneto Worker when completing Services which the Job Poster agrees to reimburse.
"Third Party Dispute Service" means a third-party dispute resolution service provider used to resolve any disputes between Users.
"Third Party Services" means the promotions and links to services offered by third parties as may be featured on the Mygneto Platform from time to time.
"User" means the person who has signed up to use the Mygneto Platform, whether as the Job Poster, Mygneto Worker, or otherwise.
"Verification Icons" means the icons available to be displayed on a User's profile and any such posts on the Mygneto Platform to confirm details internally verified by Mygneto such as a User's qualification, license, certificate or other skill.
"Worker Payment" means the Task Payment less any Fees.
Rules of Interpretation:
In the Mygneto Agreement and all Policies, except where the context otherwise requires:
(a) the singular includes the plural and vice versa, and a gender includes other genders;
(b) another grammatical form of a defined word or expression has a corresponding meaning;
(c) a reference to a document or instrument includes the document or instrument as novated, altered, supplemented or replaced from time to time;
(d) a reference to A$, $A, dollar or $ is to Australian currency;
(f) a reference to a person includes a natural person, partnership, body corporate, association, governmental or local authority or agency or other entity;
(g) a reference to a statute, ordinance, code or other law includes regulations and other instruments under it and consolidations, amendments, re-enactments or replacements of any of them;
(h) the meaning of general words is not limited by specific examples introduced by including, for example or similar expressions;
(i) headings are for ease of reference only and do not affect interpretation;
(j) any agreement, representation, warranty or indemnity in favour of two or more parties (including where two or more persons are included in the same defined term) is for the benefit of them jointly and severally; and
(k) a rule of construction does not apply to the disadvantage of a party because the party was responsible for the preparation of this agreement or any part of it.