General Terms of Service
This Site is owned by LEXITUP Ltd. (registered office: H-1036 Budapest, Perc utca 6.). Please carefully read the following documents as they contain important information about your legal rights, remedies and obligations:
- These General Terms of Service (General Terms);
- The Consultant Terms of Service (Consultant Terms),if you are accessing or using the Site and all associated LEXITUP Services (collectively, the LEXITUP Platform) as a Consultant;
- The Client Terms of Service (Client Terms), if you are accessing or using the Site and all associated Lexitup Services as a Client; and
(collectively, “Applicable Terms”).
By accessing or using the LEXITUP Platform, you agree, and undertake in favour of LEXITUP to comply with and be bound by these Applicable Terms.
Last Updated: May 21, 2020
Capitalised terms contained in these General Terms have the following meaning, unless the context otherwise requires:
“LEXITUP”, “We”, “us”, “our” means Lexitup Ltd.
“LEXITUP Account” or “Account” means an account which LEXITUP requires you to open and register, in order to access and use certain features of the LEXITUP platform.
“LEXITUP Content” means all Content that LEXITUP makes available through the LEXITUP Platform, or its related promotional campaigns and official social media channels, including any Content licensed from a third party, but excluding Member Content.
"LEXITUP Services" means any services provided by LEXITUP in connection with the LEXITUP Platform, including the right to use the Site and the LEXITUP Platform.
“Client” means a Member who is seeking an appropriate provider or providers of Legal Services, or who requests from, or offers to engage, a Consultant for the provision of any Legal Services, via the LEXITUP Platform.
“Client Listing” means the Legal Services that the Client is seeking an appropriate provider or providers to provide, via the LEXITUP Platform.
“Collective Content” means Member Content and LEXITUP Content.
“Communication” means an email, message via application, text message or message to a WeChat account.
“Content” means text, graphics, images, music, software, audio, video, information or other materials.
“Consultant” means a Member who has offered to provide Legal Services via the LEXITUP Platform and includes any of its Associated Persons through which the Member has offered to, or will, provide the Legal Services.
“Consultant Listing” means the Legal Services that are listed by a Consultant as available for Engagement via the LEXITUP Platform.
“Consultant Services” means in respect of each Consultant, the Legal Services offered by that Consultant.
“Engage” includes appoint, retain and appoint and “Engagement” has a corresponding meaning.
“Engagement Fee” means the value of any salary, bonuses, consultancy fees, car, car-parking, phone allowances, shares, incentives, drawings, relocation payments, sign-on bonus, and any other benefits negotiated between the Consultant and a Client or to which that Consultant is entitled to receive upon acceptance of the Engagement from the Client via the LEXITUP Platform whether or not they are actually paid.
“Introduce” means a Member or any of its associated persons became aware of another Member or any of his, her or its associated persons offering or seeking Legal Services via the LEXITUP Platform. Without limiting the foregoing, a Member and its associated persons (all or any of them are referred to as “Introduced Persons”) are deemed to have been introduced to another Member or any of its associated persons via the LEXITUP Platform if that other Member or any associated person of the Member became aware of the Introduced Persons as a result of:
- their use or access of the LEXITUP Platform; or
- Receiving any Content of the Introduced Persons via the LEXITUP Platform.
“Legal Services” means work done, or business transacted, in the ordinary course of legal practice and includes any associated paralegal, administrative assistance support, legal support and legal secretarial support services.
“Listing” means either a Client Listing or a Consultant Listing (as the case may be).
“Losses” includes actions, claims, demands, losses, liabilities, damages, recoveries, settlements and/or costs (including attorney, accountant, and expert witness fees and costs), known or unknown, contingent or otherwise of any kind whatsoever and “Loss” has a corresponding meaning.
“Member” means a person who completes LEXITUP’s account registration process, including but not limited to Consultants and Clients, as described in these Terms.
“Member Content” means all Content that a Member posts, uploads, publishes, submits, transmits, or includes in his, her or its Listing, Member profile or LEXITUP promotional campaign to be made available through the LEXITUP Platform, and in respect of a Consultant, any curriculum vitae and references, including any Reviews and Ratings placed by that Member in respect of another member.
- in respect of a Client, seeking an appropriately qualified and suitable Consultant or Consultants to fill a genuine Engagement opportunity within the business of the business or legal practice of the Client ; and
- in respect of a Consultant, offering any Consultant Services and seeking an Engagement from a Client.
“Rating” means a star rating in respect of a Consultant.
“Reviews” means a public review of a Consultant.
“Service Fee” means the service fees payable by a Client to LEXITUP pursuant to the Client Terms.
“Site” means our website (www.LEXITUP.law), including any subdomains thereof, and any other websites through which we make the LEXITUP Services available.
“Tax” or “Taxes” mean any tax, levy, charge, impost, duty, fee, deduction, compulsory loan or withholding, which is assessed, levied, imposed or collected by any governmental agency and includes, but is not limited to any interest, fine, penalty, charge, fee or any other amount imposed on, or in respect of any of the above.
- Scope of our LEXITUP Services
- The LEXITUP Platform is an online marketplace that enables Members and certain third parties who offer or require Legal Services to place a Listing or publish such Legal Services on the LEXITUP Platform and to communicate and transact directly with Members that are seeking an appropriate provider or providers of such Legal Services. LEXITUP does not provide or offer to provide Legal Services.
- You acknowledge that as the provider of the LEXITUP Platform, LEXITUP does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any Listings or Legal Services. Consultants alone are responsible for their Listings and Consultant Services. When a Client and a Consultant agree to Engage the Consultant to provide the Consultant Services to the Client, they are entering into a contract directly with each other in respect of that Engagement. LEXITUP is not and does not become a party to or other participant in any contractual relationship between those Members in respect of the Engagement. Nor is it acting as an agent or in any other capacity for any Member in relation to the creation, sale, offer, provision or supply of any Listings or Legal Services.
- By registering as a Consultant or Client on the LEXITUP Platform: (a) you agree to engage LEXITUP to provide you with the LEXITUP Services.
- We do not endorse any Member, Listing, Member Content, Review, Rating or Consultant Services. Any references to a Member being “verified” (or similar language) only indicate that the Member has completed a relevant verification or identification process required prior to their registration as a Member and nothing else. Any such description is not an endorsement, approval, recommendation, certification or guarantee by us about any Member, including of the Member’s identity or background or whether the Member is trustworthy, safe or suitable. You should always exercise due diligence and care when deciding whether to Engage the relevant Consultant, to accept the offer of Engagement from the relevant Client, to use the Consultant Services, or to communicate and interact with other Members, whether online or in person.
- Your relationship with us in relation to your use and access of the LEXITUP Platform is limited to being an independent, third-party contractor, and not an employee, agent, joint venturer or partner of LEXITUP for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf, or for the benefit, of LEXITUP.
- The LEXITUP Platform may contain links to third-party websites or resources. Such Third-Party Services may be subject to different terms and conditions and privacy practices. LEXITUP is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services, or any fraud or other crime facilitated thereby. Links to such Third-Party Services are not an endorsement by LEXITUP of such Third-Party Services.
- Due to the nature of the internet, LEXITUP cannot guarantee the continuous and uninterrupted availability and accessibility of the LEXITUP Platform. LEXITUP may restrict the availability of the LEXITUP Platform or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the LEXITUP Platform. LEXITUP may improve, enhance and modify the LEXITUP Platform and introduce new LEXITUP Services from time to time.
- Eligibility, Using the LEXITUP Platform, Member Verification
- You must have the legal capacity, and be able, to enter into legally binding contracts to access and use the LEXITUP Platform, or register a LEXITUP Account. By accessing or using the LEXITUP Platform you represent and warrant that you have the legal capacity and authority to enter into a contract.
- You agree that LEXITUP may make the access to and use of the LEXITUP Platform, or certain areas or features of the LEXITUP Platform, subject to certain conditions or requirements, such as completing a verification process, meeting specific quality or eligibility criteria, meeting Ratings or Reviews thresholds.
- User verification on the internet is difficult and we do not assume any responsibility for the confirmation of any Member’s identity, qualification and/or experience. Notwithstanding the above, for transparency and fraud prevention purposes, and as permitted by applicable laws, we may, but have no obligation to (i) ask Members to provide a form of government identification or other information or undertake additional checks designed to help verify the identities or backgrounds of Members; (ii) screen Members against third party databases or other sources and request reports from service providers; and (iii) where we have sufficient information to identify a Member, obtain reports from public records of criminal convictions or sex offender registrations or an equivalent version of background or registered sex offender checks in your local jurisdiction (if available).
- The access to or use of certain areas and features of the LEXITUP Platform may be subject to separate policies, standards or guidelines, or may require that you accept additional terms and conditions. If there is a conflict between these General Terms and terms and conditions applicable to a specific area or feature of the LEXITUP Platform, the latter terms and conditions will take precedence with respect to your access to or use of that area or feature, unless specified otherwise.
- Modification of these Terms
- LEXITUP reserves the right, and has absolute discretion, to modify, vary or alter all or any of these General Terms at any time and is not obliged to give you notice of, or seek your approval to, any modification. If we make changes to these General Terms, we will post the revised General Terms on the LEXITUP Platform and update the “Last Updated” date at the top of these General Terms. You acknowledge and agree that by doing so, LEXITUP has provided you with sufficient notice of variation, modification or alteration of these General Terms. Your continued access to or use of the LEXITUP Platform will constitute acceptance of the revised General Terms.
- Account Registration
- You must register an account (“Account“) to access and use certain features of the LEXITUP Platform. If you are registering an Account for a company or other legal entity, you represent and warrant that you have the authority from that company or entity to (i) register the Account on behalf of that company or entity; (ii) legally bind that company or entity in relation to any matters relating to the Account or the associated Member Content and your use of the LEXITUP Platform; and (iii) grant us all permissions, authorities and licenses provided in these Applicable Terms.
- You can register an Account using an email address and creating a password. You must provide accurate, current and complete information during the registration process and keep your Account and public Account profile page information up-to-date at all times.
- You must not register more than one (1) Account unless LEXITUP authorizes you to do so. You may not assign or otherwise transfer your Account to another party.
- You are responsible for maintaining the confidentiality and security of your Account credentials and must not disclose your credentials to any third party. You must immediately notify LEXITUP if you know or have any reason to suspect that your credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your Account. You are solely liable for any and all activities conducted through your Account, unless such activities are not authorized by you and you are not otherwise negligent (such as failing to report the unauthorized use or loss of your credentials). LEXITUP accepts no responsibility and liability for any and all activities conducted through your Account.
- LEXITUP may, at its sole discretion, enable Members to (i) create, upload, post, send, receive and store content, such as text, photos, audio, video, or other materials and information on or through the LEXITUP Platform; and (ii) access and view any Member Content and any Content that LEXITUP itself makes available on or through the LEXITUP Platform, including proprietary LEXITUP Content and any Content licensed or authorized for use by or through LEXITUP from a third party.
- The LEXITUP Platform, LEXITUP Content, and Member Content may in its entirety or in part be protected by copyright, trademark, and/or other laws of Hungary and other countries. You acknowledge and agree that the LEXITUP Platform and LEXITUP Content, including all associated intellectual property rights, are the exclusive property of LEXITUP and/or its licensors or authorizing third-parties (not being Members). You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the LEXITUP Platform, LEXITUP Content or Member Content. All trademarks, service marks, logos, trade names, and any other source identifiers of LEXITUP used on or in connection with the LEXITUP Platform and LEXITUP Content are trademarks or registered trademarks of LEXITUP in Hungary and abroad. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the LEXITUP Platform, LEXITUP Content, and/or Collective Content are used for identification purposes only and may be the property of their respective owners.
- You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the LEXITUP Platform or Collective Content, except to the extent you are the legal owner of certain Member Content or as expressly permitted in these Applicable Terms. No licences or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by LEXITUP or its licensors, except for the licenses and rights expressly granted in these Applicable Terms.
- Subject to your compliance with these Applicable Terms, LEXITUP grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable licence to (i) use the LEXITUP Platform; and (ii) access and view any Collective Content made available on or through the LEXITUP Platform and accessible to you, solely for your personal and non-commercial use and for the Permitted Purposes.
- By creating, uploading, posting, sending, receiving, storing, or otherwise making available any Member Content on or through the LEXITUP Platform, you:
- grant a non-exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to LEXITUP to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast, or otherwise exploit in any manner such Member Content to provide and/or promote the LEXITUP Platform and its use and access, in any media or platform. Unless you provide specific consent, LEXITUP does not claim any ownership rights in any Member Content and nothing in these Applicable Terms will be deemed to restrict any rights that you or LEXITUP may have to use or exploit your Member Content;
- further acknowledge and consent that your Member Content (or part thereof) may be disclosed to or viewed, used or collected by other Members or any other person viewing or accessing to the Site for the Permitted Purposes; and
- if it is determined that you retain moral rights (including rights of attribution or integrity) in the Content:
- unconditionally and irrevocably consent to all or any acts or omissions by LEXITUP or its licensees, successor and assigns in relation to the Content, which have already occurred or may occur in the future, which may infringe any and all moral rights in any of the Content;
- do not require that any personally identifying information be used in connection with the Content or any derivative works of or upgrades or updates thereto;
- have no objection to the publication, use, modification, deletion and exploitation of the Content by LEXITUP or its licensees, successors and assigns;
- to the maximum extent permitted by law, forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the Content; and
- forever release LEXITUP and its licensees, successors and assigns, from any claims that you could otherwise assert against LEXITUP by virtue of any such moral rights.
- You are solely responsible for all Member Content that you make available on or through the LEXITUP Platform. Accordingly, you represent and warrant that:
- Either: (i) you are the sole and exclusive owner of all Member Content that you make available on or through the LEXITUP Platform; or (ii) you have all rights, licenses, consents and releases that are necessary to grant to LEXITUP the rights in and to such Member Content, as contemplated under these Terms; and
- neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or LEXITUP’s use of the Member Content (or any portion thereof) will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
- You will not post, upload, publish, submit or transmit any Member Content that: (i) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (ii) is defamatory, libellous, obscene, pornographic, vulgar or offensive; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening or promotes violence or actions that are threatening to any other person; (v) promotes illegal or harmful activities or substances; (vi) violates any LEXITUP policy; (vii) adversely affects the goodwill of the business of LEXITUP or other Members; or (viii) will breach any intellectual property rights of any other person. LEXITUP may, without prior notice, remove or disable access to any Member Content that LEXITUP finds to be in violation of these Applicable Terms or LEXITUP’s then-current policies or standards, or otherwise may be harmful or objectionable to LEXITUP, its Members, third parties, or property. By posting Content, Reviews and Ratings on the LEXITUP Platform, you undertake to abide by and comply with the Content Policy, Extortion Policy and all other applicable LEXITUP policies.
- LEXITUP respects copyright law and expects its Members to do the same. If you believe that any Content on the LEXITUP Platform infringes copyrights you own, please notify us immediately.
- Except as otherwise expressly permitted under these Applicable Terms, you may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material from this Site including code and software.
- For the avoidance of doubt, the licence granted under clause 5.5(a) survives termination, cancellation or deregistration of your Account.
- Members agree to cooperate with and assist LEXITUP in good faith, and to provide LEXITUP with such information and take such actions as may be reasonably requested by LEXITUP in connection with any complaints or claims made by Members or any other person or disputes relating to the Engagement of a Consultant, a Listing, a Review or Rating, through the LEXITUP Platform.
- A Member shall, upon LEXITUP’s reasonable request, participate in mediation or a similar dispute resolution process with another Member, which process will be conducted by LEXITUP or a third party which will be selected by LEXITUP at its sole discretion. Each Member is solely responsible and liable for payment of any costs incurred by Members as part of participating in the dispute resolution process conducted at the request of LEXITUP pursuant to clause 6.2. LEXITUP will not in any event be responsible and liable to any Members for any costs incurred by them as part of participating in the dispute resolution process conducted at the request of LEXITUP pursuant to clause 6.
- While LEXITUP may help facilitate the resolution of disputes between a Consultant and the Client and/or the interaction between Clients and Consultants, we have no control over and do not guarantee or warrant (i) the existence, quality, reliability, suitability, or legality of any Listings, Member Content or Consultant Services, (ii) the truth or accuracy of any Listing descriptions, Ratings, Reviews, or other Member Content, (iii) the performance, behaviour or conduct of any Member or third party, (iv) the professional and other experience, suitability, capability and qualification of any Member, (v) the compliance of any Member with any Law or (vi) any offer or acceptance of Engagement.
- You are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals whom you Engage, offer to or express an interest to Engage for the provision of the Legal Services, or whom you provide Legal Services to, as the case may be.
- You are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the LEXITUP Platform. In connection with your use of the LEXITUP Platform, you will not and will not assist or enable others to:
- breach or circumvent any applicable laws or regulations, agreements with third-parties, third-party rights, these Applicable Terms or our policies;
- use the LEXITUP Platform or Collective Content for any commercial or other purposes that are not expressly permitted by these Applicable Terms or in a manner that falsely implies LEXITUP endorsement, partnership or otherwise misleads others as to your affiliation with LEXITUP;
- use the LEXITUP Platform in connection with the distribution of unsolicited commercial messages (“spam“);
- offer, as a Consultant, any Legal Services without obtaining the required registrations, licences or professional indemnity insurance through the LEXITUP Platform if required by Laws to do so;
- unless LEXITUP explicitly permits otherwise, search for a Listing, Consultant or a Consultant Profile for any purpose other than a Permitted Purpose;
- contact another Member for any purpose including, but not limited to, recruiting or otherwise soliciting any Member to join third-party services, applications or websites, except with the prior approval of LEXITUP or for a Permitted Purpose and through the LEXITUP Platform;
- use the LEXITUP Platform to request, offer or accept an Engagement independent of the LEXITUP Platform, to circumvent any Service Fees or for any other reason;
- discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or otherwise engage in any abusive or disruptive behaviour;
- use, display, mirror or frame the LEXITUP Platform or Collective Content, or any individual element within the LEXITUP Platform, LEXITUP’s name, trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the LEXITUP Platform, without LEXITUP’s express written consent;
- dilute, tarnish or otherwise harm the “LEXITUP” brand in any way, including through unauthorized use of Collective Content, registering and/or using LEXITUP or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to LEXITUP domains, trademarks, taglines, promotional campaigns or Collective Content;
- use any robots, spider, crawler, scraper or other automated means or processes to access, collect data or other content from or otherwise interact with the LEXITUP Platform for any purpose;
- avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by LEXITUP or any of LEXITUP’s providers or any other third party to protect the LEXITUP Platform;
- attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the LEXITUP Platform;
- assign or transfer any rights and obligations pursuant to these Terms to any other person or entity without LEXITUP’s prior written approval (which will not be unreasonably withheld);
- use data mining, robots, screen scraping, or similar automated data gathering, extraction or publication tools on this Site (including without limitation for the purposes of establishing, maintaining, advancing or reproducing information contained on our Site on another website or in any other publication), without LEXITUP’s prior written approval;
- use the Site to post any pyramid scheme on the Site;
- ask or require any Consultant to pay a fee, charge, cost or any money whatsoever to apply for any job advertised on the Site whether such fee, charge, cost or money is asked or required of the Consultant in the job advertisement itself or in any communication with the Consultant that takes place as a result of a job advertisement placed on the Site;
- use any feature of the LEXITUP Platform to send any unsolicited commercial electronic messages to Consultants, whether individually or as a group;
- release to the public any news release, advertising material, promotional material or any other form of publicity relating to LEXITUP without LEXITUP’s prior written approval.
- take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the LEXITUP Platform; and/or
- violate or infringe anyone else’s rights or otherwise cause harm to anyone.
- You acknowledge that LEXITUP has no obligation to monitor the access to or use of the LEXITUP Platform by any Member or to review, disable access to, or edit or screen any Member Content, but reserves the right, and has absolute discretion, to do so to (i) operate, secure and improve the LEXITUP Platform (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Members’ compliance with these Applicable Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) respond to Member Content that it determines is harmful or objectionable; or (v) as otherwise set forth in these Applicable Terms. Members agree to cooperate with and assist LEXITUP in good faith, and to provide LEXITUP with such information and take such actions as may be reasonably requested by LEXITUP with respect to any investigation undertaken by LEXITUP or a representative of LEXITUP regarding the use or abuse of the LEXITUP Platform.
- If you feel that any Member you interact with, whether online or in person, is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behaviour, (ii) you suspect of any inappropriate use of your Content or any breach of your privacy, or (iii) engages in any other disturbing conduct, you should immediately report such person to LEXITUP; provided that such report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.
- You agree at all times to deal with any information or products provided by LEXITUP or accessed from the Site in a manner which abides by all applicable laws of Hungary, or of any other relevant jurisdiction (including, without limitation, privacy and copyright laws).
- Any Content or information acquired by you via the LEXITUP Platform or from LEXITUP must not be on-sold or supplied by you to third parties unless you are a media buyer (as approved by LEXITUP) whose primary business it is to acquire media on behalf of third parties.
- This clause 7 survives termination, deregistration or cancellation of your Account.
- Any “personal data” (within the meaning of the General Data Protection Regulation (EU) 2016/679 of the European Parliament and of the Council) (“GDPR”) of any Member that you obtain through your use of the LEXITUP Platform or any features of the LEXITUP Platform or products offered on the LEXITUP Platform (including job applications received from Consultants) must only be used by you in relation to your genuine employment and/or recruitment activities.
- Selling or offering services or products (such as learning or educational courses or tools) to Members whose personal data you have obtained through your use of the LEXITUP Platform (including job applications received from Consultants) is considered by LEXITUP to be a misuse of Members data, and is prohibited.
- You may not under any circumstances provide any Member Content you have obtained through your use of the LEXITUP Platform to any other party, including to any affiliate or related party of yours (unless LEXITUP has otherwise consented to this). This restriction on forwarding personal data applies irrespective of whether you receive direct financial benefit for doing so.
- LEXITUP takes its obligations under the GDPR extremely seriously, and is resolute in its determination to prevent the misuse of a Member’s data. If LEXITUP believes that you have misused any Member Content or Collective Content for any reason, LEXITUP reserves the right to:
- immediately suspend or terminate your account, and/or suspend or terminate the account of any party that has received any Member’s personal information from you in breach of these Terms;
- report any potential contraventions of the GDPR by you to the relevant authorities, and/or
- take legal action against you seeking any number of remedies provided by law, including the award of monetary damages.
- You must ensure that all Content posted by you to the LEXITUP Platform comply with all applicable legislation, regulations, by-laws, ordinances and codes of conduct.
- LEXITUP reserves the right, and has absolute discretion, to amend, alter or remove any information contained on the Site that does not meet this requirement.
- You expressly and irrevocably authorise LEXITUP to store and retain all applications submitted in response to the relevant ad within the LEXITUP Platform, rather than emailing those applications to an external source. This authorisation survives termination or deregistration of your Account or your use of the LEXITUP Platform.
- You must ensure that all of its dealings with Personal data acquired from the LEXITUP Platform:
- conform with its obligations under the GDPR;
- conform, to the extent relevant to these Applicable Terms, with the requirements of LEXITUP published privacy policies (as amended from time to time), which are available at the Site.
- You must not disclose any Personal data acquired from the LEXITUP Platform without the prior consent of LEXITUP.
- This clause 8 survives termination, deregistration or cancellation of your Account.
- You may request to close or cancel your LEXITUP Account at any time via the “Cancel Account” feature on the LEXITUP Platform or by sending us an email (Account Cancellation Request). Upon receipt of your Account Cancellation Request, subject to clause 9.2, we will seek to close or cancel your LEXITUP Account within 7 days after:
- the receipt of your Account Cancellation Request; and
- all Outstanding Matters are satisfied or waived by us in our absolute discretion.
- 9.2. We reserve the right, at our sole discretion, to reject, delay or withhold the processing of your Account Cancellation Request and/or cancellation or closure of your LEXITUP Account following receipt of your Account Cancellation Request if any of the following matters subsists or is continuing (Outstanding Matters):
- Your Engagement with a Client or Customer (as the case may be) remains in force;
- any Engagement Fee payable under an Engagement entered into by you via the LEXITUP Platform remains outstanding or has not been processed or invoiced for; and/or
- we are satisfied that there are not current or future liability for payment of any Engagement Fees and Service Fees arising from any Engagement entered into by you via the LEXITUP Platform
- You cannot cancel or revoke Your Account Cancellation Request, once made, except with our prior written approval.
- If you cancel your LEXITUP Account as a Consultant, your Profile or Member Content may, at the sole discretion of LEXITUP, be removed or deleted by us at any time after the termination. Nothing in this clause limits our ability to remove or delete your Profile or Member Content at any time before or after termination or cancellation of your LEXITUP Account.
- Without limiting our rights specified below, LEXITUP may terminate this Agreement for convenience at any time by giving you seven (7) days’ notice via email to your registered email address.
- LEXITUP may immediately, without notice, terminate the LEXITUP Services, your use of the LEXITUP Platform, your LEXITUP Account or these Applicable Terms if (i) you have breached your obligations under these Terms our Policies or standards, (ii) you have violated applicable laws, regulations or third party rights, or (iii) LEXITUP believes in good faith that such action is reasonably necessary to protect the personal safety or property of LEXITUP its Members, or third parties (for example in the case of fraudulent behaviour of a Member), (iv) LEXITUP suspects of any illegal use of your LEXITUP Account (whether caused or authorised by you), or (v) LEXITUP suspects that you are not eligible or authorised to Register an LEXITUP Account.
- In addition, LEXITUP may, in its absolute discretion, take any of the following measures (i) to comply with applicable law, or the order or request of a court, law enforcement or other administrative agency or governmental body, or if (ii) you have breached these Applicable Terms, our Policies or Standards, applicable laws, regulations, or third party rights, (iii) you have provided inaccurate, fraudulent, outdated or incomplete information during your Account registration, Listing process or thereafter, (iv) you and/or your Listings or Consultant Services at any time fail to meet any applicable quality or eligibility criteria, (v) you have repeatedly received poor Ratings or Reviews or LEXITUP otherwise becomes aware of or has received complaints about your performance or conduct, or (vi) LEXITUP believes in good faith that such action is reasonably necessary to protect the personal safety or property of LEXITUP, its Members, or third parties, or to prevent fraud or other illegal activity:
- refuse to surface, delete or delay any Listings, Ratings, Reviews, or other Member Content;
- limit your access to or use of the LEXITUP Platform;
- temporarily or permanently revoke any special status associated with your Account; or
- temporarily or in case of severe or repeated offenses permanently suspend your Account.
- In case of non-material breaches and where appropriate, you will be given notice of any intended measure by LEXITUP and an opportunity to resolve the issue to LEXITUP’s reasonable satisfaction.
- If we take any of the measures described above (i) we may refund you in full for any and all confirmed bookings that have been cancelled, and (ii) you will not be entitled to any compensation for pending or confirmed bookings that were cancelled.
- When this Agreement has been terminated, you are not entitled to a restoration of your Account or any of your Member Content. If your access to or use of the LEXITUP Platform has been limited or your Account has been suspended or this Agreement has been terminated by us, you may not register a new LEXITUP Account or access and use the LEXITUP Platform through an Account of another Member.
- If you or we terminate this Agreement, the clauses of these Terms that reasonably should survive termination of the Agreement will remain in effect.
- If you choose to use the LEXITUP Platform or Collective Content, you do so voluntarily and at your sole risk. The LEXITUP Platform and Collective Content is provided “as is”, without warranty of any kind, either express or implied.
- You agree that you have had whatever opportunity you deem necessary to investigate the LEXITUP Services, laws, rules, or regulations that may be applicable to the Listings and/or Consultant Services you are receiving and that you are not relying upon any statement of law or fact made by LEXITUP relating to a Listing or a Consultant.
- If we choose to conduct identity verification or background checks on any Member, to the extent permitted by applicable law, we disclaim warranties of any kind, either express or implied, that such checks will identify prior misconduct by a Member or guarantee that a Member will not engage in misconduct in the future.
- You acknowledge that the offer or acceptance of an Engagement of a Consultant’s Consultant Services may carry inherent risk, and by making or accepting such an offer or otherwise using the Consultant Services, you choose to assume those risks voluntarily. You assume full responsibility for the choices you make before, during and after you offer a Consultant, or you accept an offer from a Client, of Engagement of the Consultant Services. If you are using a Consultant Service, you are solely responsible for the supervision of that Consultant throughout the duration of the Engagement of the Consultant and to the maximum extent permitted by law, you agree to release and hold harmless LEXITUP from all liabilities and claims that arise in any way from any injury, death, loss or harm that occurs to that Consultant during the Consultant Service or in any way related to the Consultant Service.
- The foregoing disclaimers apply to the maximum extent permitted by Law. You may have other statutory rights. However, the duration of statutorily required warranties, if any, shall be limited to the maximum extent permitted by Law.
- You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the LEXITUP Platform and Collective Content, your publishing of any Listing via the LEXITUP Platform, your use of any Consultant Services, or other LEXITUP Service or any other interaction you have with other Members whether in person or online remains with you. Neither LEXITUP nor any other party involved in creating, producing, or delivering the LEXITUP Platform or Collective Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any Losses or damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Applicable Terms, (ii) from the use of or inability to use the LEXITUP Platform or Collective Content, (iii) from any communications, interactions or meetings with other Members or other persons with whom you communicate, interact or meet with as a result of your use of the LEXITUP Platform, or (iv) from your publishing or viewing of a Listing, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not LEXITUP has been informed of the possibility of such damage or Loss, even if a limited remedy set forth herein is found to have failed of its essential purpose.
- To the maximum extent permitted by law, LEXITUP takes no responsibility and assumes no liability for any Content posted, stored, or uploaded by you, any other Member or third party, or for any loss or damage thereto, nor is LEXITUP liable for any mistakes, defamation, slander, libel, omissions, falsehoods or obscenity you may encounter.
- To the extent that the foregoing is not enforceable for any reason, then you acknowledge that LEXITUP’s maximum aggregate liability arising from or relating to any claim (or series of related claims), by you arising from or relating to your access to, and use of the LEXITUP Platform and Collective Content, your publishing of any Listing via the LEXITUP Platform, your use of any Consultant Services, other LEXITUP Services or any other interaction you have with other members whether in person or online shall not exceed the aggregate Service Fees paid for or payable under the Engagement which are the subject of the transaction(s) giving rise to the claim.
You agree to release, defend (at LEXITUP’s option), indemnify, and hold LEXITUP and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your breach of these Applicable Terms or our Policies or Standards, (ii) your negligent or improper use or misuse of the LEXITUP Platform (including any Content or data contained therein) or any LEXITUP Services, (iii) your interaction with any Member, Engagement of any Member or use of or access to any Consultant Service, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, stay, participation or use, or (iv) your breach of any laws, regulations or third party rights; or (v) your negligence, misconduct or intentional omission in connection with or during the course of your use of the LEXITUP Platform.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the LEXITUP Platform (“Feedback“). You may submit Feedback by emailing us, through the “Contact” section of the LEXITUP Platform, or by other means of communication. Any Feedback you submit to us will be considered non-confidential and non-proprietary to you. By submitting Feedback to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.
- Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards, these Applicable Terms constitute the entire Agreement between LEXITUP and you pertaining to the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between LEXITUP and you in relation to the access to and use of the LEXITUP Platform.
- Where anything depends on the consent or approval of LEXITUP then, unless these Applicable Terms provides otherwise, that consent or approval may be given conditionally or unconditionally or withheld, in the absolute discretion of LEXITUP.
- No joint venture, partnership, employment, or agency relationship exists between you and LEXITUP as a result of this Agreement or your use of the LEXITUP Platform.
- These Applicable Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.
- If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck out and will not affect the validity and enforceability of the remaining provisions.
- LEXITUP’s failure to enforce any right or provision in these Applicable Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.
- You may not assign, transfer or delegate this Agreement and your rights and obligations hereunder without LEXITUP’s prior written consent. LEXITUP may without restriction assign, transfer or delegate this Agreement and any rights and obligations hereunder, at its sole discretion, with 30 days prior notice. Your right to terminate this Agreement at any time remains unaffected.
- Unless specified otherwise, any notices or other communications to Members permitted or required under this Agreement, will be in writing and given by LEXITUP via email, LEXITUP Platform notification, or messaging service (including SMS or WhatsApp).
- Except as may be expressly provided for elsewhere in these Applicable Terms, you will be responsible for all costs and expenses incurred in your access to and use of the LEXITUP Platform and any LEXITUP Services. You are solely responsible for all or any costs incurred in relation to your negotiation, preparation and execution of any written agreement for any Engagement you are offering or entering into via the LEXITUP Platform.
- You agree and acknowledge that:
- • these Applicable Terms are governed by and are to be construed in accordance with the laws of Hungary; and
- • each Member irrevocably and unconditionally submits to the non-exclusive jurisdiction of the Courts of Hungary.
If you have any questions about these Applicable Terms please email us at firstname.lastname@example.org