EssayPress
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terms & conditions
1 Definitions
In this agreement:
"Our Web Site" means the entire computing hardware and software installation
that is or supports Our Web Site.
"Goods" means any of the credits or essays we offer for sale or download via
our web site.
"Content" means information in any form published on Our Web Site or in our
Goods by us or any third party with our consent. . We are Essaypress and
Essaypress.co.uk
"You" are registered members or users of essaypress.co.uk
2 Our contract with you
2.1 These terms and conditions apply:
2.1.1 so far as the context allows, to you as a visitor to Our Web Site; and
2.1.2 in any event to you as a buyer or prospective buyer of our Goods.
2.2 Goods advertised may not be available.
2.3 We shall accept your order by e-mail confirmation. Our message will also
reiterate details of your purchase, the price and any delivery costs, any
banking charges, and our email will tell you when we shall dispatch your order.
That is when our contract is made. It is possible that the price may have
increased from that posted on our Web Site.
2.4 We may change these terms from time to time. The terms that apply to you
are those posted here on Our Web Site on the day you order Goods. We do not
file copies of the terms applicable to your purchase. In the event that copy
terms and conditions cannot be provided by either party, then the current terms
and conditions will apply.
2.5 The statements contained in the Goods are statements of the opinion of the
writer only and not the statements of the Company its officers employees or
agents.
2.6 The Goods we provide are commissioned at your request and to your specific
requirements.
Accordingly, all delivery times are estimates only although we will use all
reasonable endeavours to adhere to the date estimated by us for delivery of the
Goods.
2.7 Goods are at your risk from the moment they are requested by you.
2.8 Our Web Site and any unused credits may be withdrawn after 4 weeks notice by email.
2.9 Essaypress reserves the right to withdraw membership and/or credits if it feels that a member is not acting in the spirit of this agreement.
2.10 Essaypress keeps all copyright for goods uploaded to the website, and goods are sold without copyright.
2.11 Essaypress is easy to use and expects that users have basic knowledge so that they may use Essaypress fully. Essaypress takes no responsibility for users who are unable to use Essaypress because of a lack of computer skills.
2.12 Essays are to be used for research only, not as submissions.
2.13 These Terms and Conditions may be changed at any time, and
members/users agree to be bound by them without explicitly acknowledging them.
3 Price and Payment
3.1 You must pay us the full price of your order prior to the release of
credits.
3.2 All banking charges by the receiving bank on payments received by us, and
all other charges relating to payment in a currency other than pounds Sterling
will be borne by you.
3.3 Any details given by us in relation to exchange rates are approximate only
and may vary from time to time.
3.4 You will pay all sums due to us under these terms by the means specified
without any set-off, deduction or counterclaim.
3.5 Essaypress will not offer refunds on unused credits.
4 Information you give us
4.1 You agree that you have provided, and will continue to provide accurate, up
to date, and complete information about yourself. We need this information to
provide you with the Goods.
4.2 We will use our reasonable endeavours to respond to any point of
dissatisfaction by you, provided you contact us within 72 hours of purchase.
5 Delivery
5.1 You acknowledge the internet is an open medium and where you specify
delivery by email or by downloading from our Site you accept the risk of
delivery. Where you specify another method of delivery which we agree in our
confirmatory email (including but not limited to post or fax) you accept the
risk of delivery.
5.2 If we are not able to deliver your Goods within 30 days of the date of your
order, we shall notify you by e-mail to arrange another date for delivery.
5.3 We may deliver the goods in instalments if the goods are not available at
the same time for delivery.
5.4 Essaypress is not responsible for delays in transmission due to internet
service failures, email delay from customer's internet service provider, email
provider or Essaypress.
5.5 Essaypress does not guarantee downloaded files, not provide
any warrantees, implied or express or any other commercial losses or damages.
In no event shall Essaypress be liable for any indirect, special, or consequential
or incidental damages however they arise, even if essaypress has been advised
of the possibility of such potential loss or damage.
6 Taxes, duties and import restrictions
6.1 We have no knowledge of, and no responsibility for, the laws in your
country of residence.
6.2 You are responsible for purchasing Goods which you are lawfully able to
import and for the payment of import duties and taxes of any kind levied in
your country of residence.
7 Goods returned
7.1 Although you are buying the Goods remotely, you do not have a right of
cancellation as the Goods we provide to you are prepared to your personal
specification and are personlised for you. Accordingly you may not cancel your
order for Goods once we have accepted it and you paid for it.
8 Disclaimers
8.1 We or our Content suppliers may make improvements or changes to Our Web
Site, the Content, or to any of the Goods, at any time and without advance
notice.
8.2 You are advised that Content and the essays may include technical inaccuracies
or typographical errors.
8.3 To the fullest extent permissible by law, we give no warranty and make no
representation, express or implied, as to:
8.3.1 the adequacy or appropriateness of the Goods for your purpose.
8.3.2 the truth or accuracy of any information given on Our Web Site or in the
Goods;
8.3.3 any implied warranty or condition as to merchantability or fitness of the
Goods for a particular purpose;
8.3.4 compatibility of Our Web Site or Goods with your equipment software or
telecommunications connection.
8.3.5 compliance with any law;
8.3.6 non-infringement of any right.
8.4 Our Web Site may contain links to other Internet web sites. We have neither
power nor control over any such web site. You acknowledge and agree that we
shall not be liable in any way for the Content of any such linked web site, nor
for any loss or damage arising from your use of any such web site.
8.5 We are not liable in any circumstances for special, indirect or
consequential loss or any damages whatsoever resulting from loss of use, loss
of data or loss of revenues or profits, whether in an action of contract,
negligence or otherwise, arising out of or in connection with your use of Our
Web Site or the purchase of Goods.
8.6 In any claim against us and to the fullest extent permissible by law our
liability is limited to the value of the Goods you have purchased in the
contract which is the subject of the dispute.
9 Content and Intellectual Property Rights
9.1 Title, ownership rights, and intellectual property rights in the Content
and the Goods whether provided by us or by any other Content provider shall
remain the sole property of us and / or the other Content provider. We will
strongly protect its rights in all countries.
9.2 You may not copy, modify, publish, transmit, transfer or sell, reproduce,
create derivative works from, distribute, perform, display, or in any way
exploit any of the Content or the Goods, in whole or in part, except as is
expressly permitted in this agreement.
9.3 You may download or copy one copy of the Goods you have purchased only for
your own and sole personal use for academic study purposes only, provided that
you maintain all copyright and other notices contained in such Goods.
10 System Security
10.1 You agree that you will not, and will not allow any other person to,
violate or attempt to violate any aspect of the security of our Site.
10.2 You agree that you will in no way modify, reverse engineer, disassemble,
decompile, copy, or cause damage or unintended effect to any portion of Our Web
Site, or any software used on Our Web Site, and that you will not permit any
other person to do so.
10.3 You understand that any such violation is unlawful in many jurisdictions
and that any contravention of law may result in criminal prosecution.
10.4 Examples of violations are:
10.4.1 accessing data unlawfully or without consent;
10.4.2 attempting to probe, scan or test the vulnerability of a system or
network or to breach security or authentication measures;
10.4.3 attempting to interfere with service to any user, host or network,
including, without limitation, via means of overloading, "flooding",
"mail bombing" or "crashing";
10.4.4 forging any TCP/IP packet header or any part of the header information
in any e-mail or newsgroup posting;
10.4.5 taking any action in order to obtain Goods to which you are not entitled
(including but not limited to "cardholder not present" fraud)
10.5 You agree to indemnify us against any claim or demand, including
reasonable lawyers' fees, made by any third party due to or arising out of:
10.5.1 any violation of system security as set out above;
10.5.2 your use of Our Web Site;
10.5.3 any other breach or violation of this agreement by you;
10.5.4 the infringement by you, or by any other user of your computer, of any
intellectual property or other right of any person or entity, or as a result of
any threatening, libellous, obscene, harassing or offensive material contained
in any of your communications.
11 Indemnity
You agree to indemnify us against any claim or demand, including reasonable
lawyers' fees, made by any third party due to or arising in any way out of your
use of Our Web Site and/or the Goods, or the infringement by you, or by any
other person using your computer, of any intellectual property or other right
of any person.
12 Contractual Limitation
Where we provide Goods without specific charge, then it (or they) is deemed to
be provided free of charge, and not to be associated with any other service for
which a charge is made. Accordingly, there is no contractual or other
obligation upon us in respect of any such goods.
13 Rights of third parties
Nothing in this agreement or on our web site shall confer on any third party
any benefit under the provisions of the Contracts (Rights of Third Parties) Act
1999.
14 Severability
If any of these terms is at any time held by any jurisdiction to be void,
invalid or unenforceable, then it shall be treated as changed or reduced, only
to the extent minimally necessary to bring it within the laws of that
jurisdiction and to prevent it from being void and it shall be binding in that
changed or reduced form. Subject to that, each provision shall be interpreted
as severable and shall not in any way affect any other of these terms.
15 No Waiver
No waiver by us, in exercising any right, power or provision hereunder shall
operate as a waiver of any other right or of that same right at a future time;
nor shall any delay in exercise of any power or right be interpreted as a
waiver.
16 Dispute Resolution
In the event of a dispute arising out of or in connection with these terms or
any contract between you and us, then you agree to attempt to settle the
dispute by engaging in good faith with us in a process of mediation before
commencing arbitration or litigation.
17 Force majeure
We are not liable for any breach of our obligations resulting from causes
beyond our reasonable control including strikes of our own employees, system
down – time or third party email misdirection.
18 Governing Law
This Agreement shall be governed by and construed in accordance with the law of
England.
This agreement shall not be governed by the United Nations Convention on
Contracts for the International Sale of Goods, the application of which is
hereby expressly excluded.
19 Data Protection
During registration, some data is collected about you. Essaypress
may distribute this data to selected third parties. If you wish your name to be
excluded from this please contact the Data Protection Compliance Officer at info@essaypress.co.uk
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