- GRADUATEWAY ACCOUNTS
- REGISTRATION AND ACCEPTANCE
- ACCOUNT ELIGIBILITY
- ACCOUNT PROFILE
- ACCOUNT PERMISSIONS
- IDENTITY AND LOCATION VERIFICATION
- USERNAMES AND PASSWORDS
- PURPOSE OF GRADUATEWAY
- RELATIONSHIP WITH GRADUATEWAY
- TAXES AND BENEFITS
- USER CONTENT
- USER RELATIONSHIPS
- SERVICE CONTRACTS
- DISPUTES AMONG USERS
- SERVICE.GRADUATE FEES
- PAYMENT TERMS
- PAYMENT METHODS
- PAYMENT PROCESS
- MONEY BACK GUARANTEE
- BONUS PROGRAM
- OTHER PAYMENT TERMS
- RECORDS OF COMPLIANCE
- WARRANTY DISCLAIMER
- LIMITATION OF LIABILITY
- AGREEMENT TERM AND TERMINATION
- DISPUTES BETWEEN YOU AND GRADUATEWAY
- ARBITRATION PROVISION
- CHOICE OF LAW
- INFORMAL DISPUTE RESOLUTION
- ENTIRE AGREEMENT
- FORCE MAJEURE
- THIRD PARTY WEBSITES
- PROHIBITED JURISDICTIONS
Update February 18, 2022.
This User Agreement (this “Agreement”) is a contract between you (“you” or “User”), “Radioplus Experts Ltd”, registered under the laws of Cyprus, located at Louki Akrita, 23 Bellapais Court, Flat/Office 46 1100, Nicosia, Cyprus, (“Service.Graduate,” “GraduateWay”, “we” or “us”) and our affiliates to the extent expressly stated. You must read, agree to, and accept all of the terms and conditions contained in this Agreement to be a User of our website located at https://graduateway.com/ (the “Site”) or any part of the rest of the Site (defined in the Site Terms of Service) or the Site Services (defined in the Site Terms of Service ).
Subject to the conditions set forth herein, We may, in our sole discretion, amend this Agreement and the other Terms of Service at any time by posting a revised version on the Site. Any revisions to the Terms of Service will take effect on the noted effective date.
YOU UNDERSTAND THAT BY USING THE SITE OR SITE SERVICES AFTER THE EFFECTIVE DATE, YOU AGREE TO BE BOUND BY THE TERMS OF SERVICE. IF YOU DO NOT ACCEPT THE TERMS OF SERVICE IN ITS ENTIRETY, YOU MUST NOT ACCESS OR USE THE SITE OR THE SITE SERVICES.
- SERVICE.GRADUATE ACCOUNTS
1.1 REGISTRATION AND ACCEPTANCE
By registering for an account to use the Site or Site Services (an “Account”) or by using the Site or Site Services or by clicking to accept the Terms of Service when prompted on the Site, you agree to abide by this Agreement and the other Terms of Service.
To access and use certain portions of the Site and the Site Services, you must register for an Account. Subject to the Site Terms of Service, certain portions of the Site are available to Site Visitors, including those portions before your Account registration is accepted. We reserve the right to decline a registration to join Us, for any lawful reason.
1.2 ACCOUNT ELIGIBILITY
We offer the Site and Site Services for your educational, personal, non-commercial purposes only and not for business use. To register for an Account or use the Site and Site Services, you must, and hereby represent that you (a) are an individual 18 years or older who can form legally binding contracts; (b) are legally qualified to enter a binding contract with us; (c) are not prohibited by law from using Site Services; (d) you do not have more than one Account on Site Services; (e) you have not previously been removed from Site Services by us, unless you have our express written permission to create a new Account.
1.3 ACCOUNT PROFILE
To register for an Account to join the Site, you must complete a User profile (“Profile”), which will not be shown to other Users and the public. Your Account might be publicly displayed only where you provide testimonials regarding the use of Site Services. You agree to provide true, accurate, and complete information on your Profile and all registration and other forms (if any) you access on the Site or provide to us and to update your information to maintain its truthfulness, accuracy, and completeness. You agree not to provide any false or misleading information about your identity or location, and to correct any such information that is or becomes false or misleading.
1.4 ACCOUNT PERMISSIONS
You agree not to request or allow another person to create an Account on your behalf, for your use, or for your benefit. You may not have more than one account on Site Services. Upon closure of an Account, We may close any or all related Accounts.
1.5 IDENTITY AND LOCATION VERIFICATION
When you register for an Account and from time to time thereafter, your Account will be subject to verification, including, but not limited to, validation against third-party databases or the verification of one or more official government or legal documents that confirm your identity, your location, inter alia. You authorize Us, directly or through third parties, to make any inquiries necessary to validate your identity, your location, and confirm your ownership of your email address or financial accounts, subject to applicable law. When requested, you must timely provide us with complete information about yourself which includes, but is not limited to, providing official government or legal documents.
1.6 USERNAMES AND PASSWORDS
When you register for an Account, you will be asked to choose a username and password for the Account. You are entirely responsible for safeguarding and maintaining the confidentiality of your username and password and agree not to share your username or password with any person. You authorize Us to assume that any Site usage with your username and password, is performed by you. You agree to notify us immediately if you suspect or become aware of any unauthorized use of your Account or any unauthorized access to the password for your Account. You further agree not to use the Account or log in with the username and password of another User of the Site.
The Site is a marketplace where Users can get use of Site Services. Subject to the Terms of Service, We provide the Site Services to Users, including hosting and maintaining the Site, facilitating the formation of Service Contracts, and assisting Users in resolving disputes which may arise in connection with those Service Contracts. When a User enters a Service Contract, the User uses the Site to invoice and pay any amounts owed under the Service Contract.
2.1 RELATIONSHIP WITH GRADUATEWAY
The Site is a platform (or marketplace) where Writers can offer writing services to Users seeking writing services. Writing services may include copy-editing. Copy-editing of your text includes checking the grammar (correction of all grammatical errors), spelling (correction of all spelling errors), punctuation (correction of all punctuation errors), consistency (imposing a consistent style) and textual structure (ensuring that the structure is well organized). Writing services may also include development (any writing apart from ensuring consistent structure), rewriting or critique or evaluation of the text. Users must always cite the Writer who performed the writing services. All Users must acknowledge and agree that they understand that We are not and will never be a party to any agreements for writing services between Users and Writers.
YOU ACKNOWLEDGE, AGREE, AND UNDERSTAND THAT WE ARE NOT A PARTY TO THE RELATIONSHIP OR ANY DEALINGS BETWEEN USERS AND WRITERS. Without limitation, Users are solely responsible for (a) ensuring the accuracy and legality of any User content, (b) determining the suitability of Writers for a Service Contract (such as any interviews, vetting, background checks, or similar actions), (c) negotiating, agreeing to, and executing any terms or conditions of Service Contracts, (d) paying for Service Contracts or Writer Services. You further acknowledge, agree, and understand that you are solely responsible for assessing whether to enter into a Service Contract with any Writer and for verifying any information about such Writer except for information attributed to order requirements (such as the Writers rankings made based on Users feedback, amount of finished papers etc.). We do not make any representations about or guarantee the truth or accuracy of any User’s or Writer’s listings on the Site; does not verify any feedback or information provided by Users about Writers; and does not vet or otherwise perform background checks on Users or Writers except as those directly provided for hereby. YOU ACKNOWLEDGE, AGREE, AND UNDERSTAND THAT WE DO NOT, IN ANY WAY, SUPERVISE, DIRECT, CONTROL, OR EVALUATE WRITERS OR THEIR WORK ITSELF AND RELIES SOLELY ON USERS TESTIMONIALS WHEN MAKING THE WRITERS RANKINGS OR LISTING THEM OTHERWISE, AND IS NOT RESPONSIBLE FOR ANY PROJECT, PROJECT TERMS OR WORK PRODUCT.
We make no representations about and does not guarantee, and you agree not to hold Us responsible for, the quality, safety, or legality of Writer Services; the qualifications, background, or identities of Users and Writers; the ability of Writers to deliver Writer Services; the ability of Users to pay for Writer Services; User and Writer Content, statements or posts made by Users and Writers; or the ability or willingness of a User or Writer to actually complete a transaction.
You also acknowledge, agree, and understand that Writers are solely responsible for determining, and have the sole right to determine, which Projects to accept; the time, place, manner, and means of providing any Writer Services; the type of services they provide; and the price they charge for their services or how that pricing is determined or set. You further acknowledge, agree, and understand that: (i) you are not an Our employee, and you are not eligible for any of the rights or benefits of employment (including unemployment and/or workers compensation insurance); (ii) We will not have any liability or obligations under or related to Service Contracts and/or Writer Services for any acts or omissions by you or other Users; (iii) We do not, in any way, supervise, direct, or control any Writer or Writer Services; do not impose quality standards or a deadline for completion of any Writer Services; and do not dictate the performance, methods or process Writer uses to perform services; (iv) Writer is free to determine when and if to perform Writer Services, including the days worked and time periods of work, and We do not set or have any control over Writer’s pricing, work hours, work schedules, or work location, nor are We involved in any other way in determining the nature and amount of any compensation that may be charged by or paid to Writer for a Project; (v) Writer will be paid at such times and amounts as agreed with a Buyer in a given Service Contract, and We do not, in any way, provide or guarantee Writer a regular salary or any minimum, regular payment; (vi) We do not provide Writers with training or any equipment, labor, tools, or materials related to any Service Contract; and (vii) We do not provide the premises at which Writers will perform the work. Writers are free to use subcontractors or employees to perform Writer Services, in particular, may delegate work on fixed-price contracts or to have hourly contracts for Writer’s subcontractor(s) or employee(s), if such delegation of work is agreed by the Users they are contracted by. If a Writer uses subcontractors or employees, Writer further agrees and acknowledges that this paragraph applies to Our relationship, if any, with Writer’s subcontractors and employees as well and Writer is solely responsible for Writer’s subcontractors and employees.
2.2 TAXES AND BENEFITS
Writer acknowledges and agrees that the Writer is solely responsible (a) for all tax liability associated with payments received by Writer from Users and through Us, and that We will not withhold any taxes from payments to Writer or act in capacity of Writer’s tax agent in any case; (b) to obtain any liability, health, workers’ compensation, disability, unemployment, or other insurance needed, desired, or required by law, and that Writer is not covered by or eligible for any insurance from Us; (c) for determining whether Writer is required by applicable law to issue any particular invoices for the Writer Fees and for issuing any invoices so required; (d) for determining whether Writer is required by applicable law to remit to the appropriate authorities any value added tax or any other taxes or similar charges applicable to the Writer Fees and remitting any such taxes or charges to the appropriate authorities, as appropriate; and (e) if outside of the United States, for determining if We are required by applicable law to withhold any amount of the Writer Fees and for notifying Us of any such requirement and indemnifying Us for any requirement to pay any withholding amount to the appropriate authorities (including penalties and interest). In the event of an audit of Us, Writer agrees to promptly cooperate with Us and provide copies of Writer’s tax returns and other documents as may be reasonably requested for purposes of such audit, including but not limited to records showing Writer is engaging in an independent business as represented to Us.
2.3 USER CONTENT
We do not generally investigate any remarks posted by Users or other User Content for accuracy or reliability and do not guarantee that User Content is accurate. The Writers rankings made based on Users feedback are produced by our system automatically without analyzing the substance of testimonials. You are solely responsible for your User Content, including the accuracy thereof, and are solely responsible for any legal action that may be instituted by other Users or third parties as a result of or in connection with your User Content if such User Content is legally actionable or defamatory. We are not legally responsible for any feedback or comments posted or made available on the Site by any Users or third parties, even if that information is defamatory or otherwise legally actionable. In order to protect the integrity of the feedback system and protect Users from abuse, We reserve the right (but is under no obligation) to remove posted feedback or information that, in Our sole judgment, violates the Terms of Service or negatively affects our marketplace, diminishes the integrity of the feedback system or otherwise is inconsistent with the Our business interests . You acknowledge and agree that you will notify Us of any error or inaccurate statement in your feedback results and that if you do not do so, We may rely on the accuracy of such information.
- USER RELATIONSHIPS
3.1 SERVICE CONTRACTS
If a User and Writer decide to enter into a Service Contract, the Service Contract is a contractual relationship directly between the User and Writer. User and Writer have complete discretion both with regard to whether to enter into a Service Contract with each other and with regard to the terms of any Service Contract. YOU ACKNOWLEDGE, AGREE, AND UNDERSTAND THAT WE ARE NOT A PARTY TO ANY SERVICE CONTRACT, THAT THE FORMATION OF A SERVICE CONTRACT BETWEEN USERS AND WRITERS WILL NOT, UNDER ANY CIRCUMSTANCE, CREATE AN EMPLOYMENT OR OTHER SERVICE RELATIONSHIP BETWEEN US AND ANY WRITER OR A PARTNERSHIP OR JOINT VENTURE BETWEEN US AND ANY USER.
With respect to any Service Contract, Users and Writers may enter into any written agreements that they deem appropriate provided that any such agreements do not conflict with, narrow, or expand Our rights and obligations under the Terms of Service, including this Agreement.
3.2 DISPUTES AMONG USERS AND WRITERS
For disputes arising between Users and Writers, you agree to abide by the dispute process of Us. If the dispute process does not resolve your dispute, you may pursue your dispute independently, but you acknowledge, agree and understand that We will not and are not obligated to provide any dispute assistance.
- GRADUATEWAY FEES
Writers pay Us a Service Fee for the use of the Site. We charge service fees to Sellers for using the Site’s communication services. The Service Fees (to use the Site and Site Services) are paid solely by Writer. When a User pays a Writer for a Project, We will credit the Writer Account for the full amount paid and then subtract and disburse to Us the Service Fee. WRITER HEREBY IRREVOCABLY AUTHORIZES AND INSTRUCTS US TO DEDUCT THE SERVICE FEE FROM THE WRITER ACCOUNT AND PAY TO US ON WRITER’S BEHALF.
- PAYMENT TERMS
If User is in “default”, meaning the User fails to pay the Writer Fees or any other amounts when due under the Terms of Service, We will be entitled to the remedies described in this agreement and in addition to such other remedies that may be available under applicable law or in such written agreement.
If User is in default, We may, without notice, temporarily or permanently close User’s Account and revoke User’s access to the Site and Site Services, including User’s authority to use the Site to process any additional payments, enter into Service Contracts, or obtain any additional Services (if applicable) through the Site. However, User will remain responsible for any amounts that accrue on any open Projects at the time limitation is put on the User’s Account as a result of the default. Without limiting other available remedies, User must pay Us upon demand for any amounts owed, plus attorneys’ fees and other costs of collection to the extent permitted by applicable law.
5.2 PAYMENT METHODS
In order to use certain Site Services, User must provide account information for at least one valid Payment Method.
By providing Payment Method information through the Site and authorizing payments with the Payment Method, User represents, warrants, and covenants that: (a) User is legally authorized to provide such information; (b) User is legally authorized to make payments using the Payment Method(s). When User authorizes a payment using a Payment Method via the Site, User represents and warrants that there are sufficient funds or credit available to complete the payment using the designated Payment Method. To the extent that any amounts owed under this Agreement or the other Terms of Service cannot be collected from User’s Payment Method(s), User is solely responsible for paying such amounts by other means.
Because the use of any Payment Method may be limited by applicable law or by written agreement with your financial institution, We are not liable to any User or Writer if We do not complete a transaction as a result of any such limit, or if a financial institution fails to honor any credit or debit to or from an account associated with such Payment Method.
5.3 PAYMENT PROCESS
Placing an order on the Site for any job/project is free. However, you must deposit funds after you accept the bid of a Writer. You can also add money to your store balance any time to use this money for new orders. You shall release the agreed fee on completion and delivery of the Writer Services by the Writer and once the outcome of Writer Services is accepted by you; either in installments or in one lump sum on completion of the Service Contract, based on the terms thereof. After the final outcome of Writer Services was uploaded (100% completion is stated in your order) you have 3 days to send us any complaints or revision requests. We send you additional email after 3 days have passed to remind about the payment for the Writer Services performed under Service Contract.
If there are no complaints sent by you using any of the available methods of contact, the money will be released to the writer automatically on the 4th day after the termination of Service Contract. Please, review your order carefully before releasing the full amount of money reserved for the Service Contract. Once the entire agreed sum is received by the Writer, it is deemed that the outcome of Writer Services is complete and is to your satisfaction; therefore, no refund will be possible.
If you do not plan to use Site Services further, we will be allowed to withdraw the money after sending an appropriate request. We ensure fund withdrawal from the User’s account upon request, if such a request is made within a year from the last order date. If you use money from your balance after the request was sent to us, we reserve the right to reject your request and close the ticket. If you have previously cancelled the order and money was returned to your balance, we reserve the right to investigate the reason of cancellation and make a decision to either approve or decline your withdrawal request based on the results of this investigation. If money on your balance has never been used before, we will refund it within 3-10 business days after the request is placed.
Money shall be stored in your personal account for six months following delivery of the last order. User keeps his right to make request regarding the return of unused money to us within six months from the moment of receiving the last order. After expiration of six months, unused money shall be transferred to us on account of paying for operating charges.
A chargeback (being a challenge to a payment that a User files with their card issuer or financial institution), and any subsequent reversal instruction, is made by the payment product issuer or third parties (such as payment processors) and not by us. We are bound to follow such instructions.
You acknowledge and agree that we will be entitled to recover any chargebacks and reversals that may be imposed on us by a payment product issuer or third parties (such as payment processors) on funds paid to you by Writers through the Site, as well as any processing or any other fees whatsoever incurred by us on those chargebacks and reversals.
You agree that we may reverse any such payments made to you, which are subject to chargeback or reversal instruction via your payment product issuer or third parties (such as payment processors). If you initiate any chargeback request or other “Request for Information” or similar process, you expressly agree and consent to us to share any and all information in relation to your agreement of these terms and conditions, in order to defeat any such chargeback request.
NOTICE. All prices are exclusive of (a) any and all fees/ commissions imposed on you by payment processors and/or your bank and/or card issuer (including for currency exchange), (b) taxes and/or levies as well as other duties established by taxing or other state authorities, and you shall be responsible for payment of all such feed/ commissions and/or taxes, and/or levies, and/or duties.
5.4 MONEY BACK GUARANTEE
All the refund requests may be dispatched to: Louki Akrita, 23 Bellapais Court, Flat/Office 46 1100, Nicosia, Cyprus
We are authorized to act on behalf of the Writers to assess refund requests on a case-by-case basis.
Money-Back Guarantee allows you to request a refund if you consider that the outcome of Writer Services was accomplished below the standards and requirements set out in the Order Form or provided for in the Service Contract or Money-Back Guarantee.
You acknowledge that any refund is given at our discretion upon the quality assurance procedure specified herein. We reserve the right to deviate from the Money-Back Guarantee in case such deviation favors the User as we understand that the circumstances might be beyond the provisions hereof and unique.
You should constantly check your profile as well as emails for any requests, remarks or comments sent by a writer or company’s representatives. You take all the responsibility for providing all the significant materials, as well as clear requirements while ordering your paper.
The period of 14 business days is offered to request a refund in case you were dissatisfied with the Expert Services outcome (”Refund Period”). Once the Refund Period elapses, we will not refund any amounts paid. A refund is only possible while the order is in progress.
The Refund Period begins immediately after on the date of the Service Contract termination (i.e. the deadline to provide the Expert Services outcome expires) and elapses on the last day of the Refund Period. The relevant countdown is made by our system, upon the expiration of the Refund Period no refund is possible.
Money-Back Guarantee allows you to request a full/ partial*/no refund depending on the situations described below.
*Partial refunds can be issued as an exception, depending on the situation described below.
Providing the detailed list of violations (LOV) is an obligatory requirement and an important part of a refund request process.
The LOV is a numbered statement reflecting in details all and any discrepancies between the standards and requirements set out in the Order Form or provided for in the Service Contract or Money-Back Guarantee, and actual outcome of Writer Services, which you refer to as the basis for your refund request. In case the plagiarism is an issue, you should provide a valid proof of it (as defined by point 1.5 of Money-Back Guarantee) to supplement the relevant reference in LOV.
Quality-based refund requests are reviewed by our specialists and processed within 3-5 business days after the claim was received.
You can request a limitless number of revisions within the following time frames:
- orders up to 10 pages – within 14 days after the order delivery (the deadline indicated on the order);
- orders more than 10 pages – within 30 days after the order delivery (the deadline indicated on the order).
In case you need a revision, you will be asked to provide the writer with some extra time or to extend the deadline. Take into account that the writer may need at least 24 hours so as to revise the work.
If you provide the writer with any data/materials/documents, or sources after your paper is ready, you will need to place a compensation order.
If you provide necessary information requested by our Financial Department to verify your late, please note that the order deadline will need to be extended.
100% of the Payment is subject to Refund in the Following Cases:
1.1. If you decided to cancel the order before the Writer was assigned to it or within 15 minutes after the order was created.
1.2. In case you accidentally pay twice for the same order for Writer Services, we will refund you the second payment after your confirmation*.
* If you place two identical orders for Writer Services and pay for both of them, we will assume that you need both orders to be completed and start working on them. Therefore, if any of the orders is paid by mistake, please, make sure you contact us immediately to clarify the situation.
1.3. If the Writer Services outcome was provided after the set deadline and was not downloaded by you.
1.4.If the order did not align with the initial** instructions indicated in the Order Form at all. This is a subject to inspect by a Quality Assurance Department after a detailed list of violations provided on your end.
**Instructions that were listed by you while placing the order before the Writer started working on the order.
1.5 If the level of plagiarism exceeded 10% if extended and full version of the report from the valid checking software provided: Turnitin, SafeAssign, WriteCheck, or any other system your institutional affiliation uses.
Please note that We do not and cannot guarantee that any of writing services such editing, proofreading, formatting services will be plagiarism free. We do not take any responsibilities for plagiarism found in the part provided by you. Papers and other materials that are not written or made by Us will not be scanned or reviewed for possible incidence of plagiarism.
Note that If a 100% refund is granted, it is not possible for a customer to use the work written by our writers.
While a full refund is issued, you are eligible to receive full amount plus an extra credit on your bonus balance. If this option is accepted, the bonus balance cannot be refunded.
No Refund is Possible in the Following Cases:
2.1. If you accepted the Writer Services outcome by releasing a full amount of the money to the Writer.
2.2. If you simply state that you are not satisfied with the order and do not provide LOV to support your refund request. The quality complaint is considered as invalid without reasonable and detailed proof and should you fail to provide such proof, we cannot investigate your complaint.
2.3. If there were technical or any other issues on your end that prevented you from downloading the paper.
2.4. If you complain about plagiarism but do not provide us with a valid proof of it (see point 1.5.).
2.5. If the Writer was late with the order delivery due to the insufficient materials provided or lack of communication on your end.
2.6. If the deadline placed in the order form differs from the one that was actually required.
2.7. If the Writer was late with the order, but you have downloaded the Writer Services outcome and submitted a refund request referring to lateness only after it has been downloaded.2.8. Any VASes are non-refundable as are inseparable from the initial product and service provided. The only exceptions are “Progressive delivery”, “1-page abstract”, or “Essay outline” if they are not provided to the Customer in addition to the product.
2.9. In cases when no refund is possible, we reserve the right to issue a refund on bonus balance upon the decision of the Quality Assurance Manager.
We do not offer Partial Refunds*; however, an exception can be made depending on the situation and the LOV provided previously.
In case Partial Refund was issued, it can be kept only on the Bonus Balance in our system. Please refer to the “Bonus Program” Section below to find more.
3.1. Up to 70% – if you cancel the order when less than half of the deadline has passed*
3.2. Up to 50% – if you cancel the order when more than half of the deadline has passed*
* In case of order cancellation, you cannot use any developments that have been provided prior to cancellation, and all copyrights are retained by us.
3.3. Up to 30% – if the Writer was late, but you still will use the paper or some of its parts.
3.4. Up to 50% – if the Writer Services outcome was not written up to your standards, but you still will use the paper or some of its parts.
5.5 BONUS PROGRAM
With a view to facilitate the interactions on the platform and for our Users convenience, We have introduced a Bonus Program. You are provided with a bonus account (“Bonus Balance”) by default as a part of your profile functionality, and the bonuses used as internal means of payment within the Our platform (“Bonus Points”) can be accrued thereto.
One Bonus Point accrued:
(i) in course of partial refund (either for the order or VAS) – is equal to one currency unit used for the order payment;
(ii) in any other case – is equal to one currency unit to be used for the order itself.
Bonus Points can be used as a payment means within Our platform (subject to the exclusions listed below).
You can opt to make a 100% Refund in cases provided for hereby either to your Bonus Balance or account(s) in bank(s), payment system(s), etc. In case of partial Refund, the Bonus Points are accrued to your Bonus Balance by default.
Bonus Points cannot be used:
(i) to pay for additional benefits and services offered via Our platform (e.g. subscription, any VASes – if applicable);
(ii) for transferring to the User account(s) in bank(s), payment system(s) etc. as currency units.
Unless used within one calendar year following the date of accrual to Bonus Balance, the Bonus Points shall be withdrawn from Bonus Balance by Us.
5.6. OTHER PAYMENT CONDITIONS
More Information on card details storing:
Clicking “Add Funds” button at the Order Form means that you are acquainted, agree and unconditionally accept all of the underwritten terms, including these Terms of Service and our payment services providers’ respective guidelines.
How long will card details be stored?
Payment services providers will not keep your card details for any longer than is necessary in light of the reason(s) for which they were first collected. However, your card details will be kept until there is a legal basis or legal obligation to keep them (including a need for payment services providers to establish or defend their legal rights).
The data kept by payment services providers is regularly reviewed against criteria established by them to ascertain whether it should be kept any longer.
Notwithstanding the retention period, your card details may be deleted or otherwise disposed of (in particular, made anonymous) prior to the expiry of its retention period when payment services providers decide to do so (whether in response to a request from you or otherwise).
How will my stored card details be used?
When you enter your card details on our Site, in fact, the information is sent directly to secure databases maintained by the payment services providers (payment processors), who then complete the transaction. Your card details are never transmitted to, or stored on our servers.
Your card details will be stored and used by third-party payment services providers to process payments transactions made by you or authorized by you to be initiated in future periods (e.g. recurring payments) as well as to help payment services providers make necessary verifications, comply with legal and regulatory obligations, with legitimate interests of fraud and crime prevention and detection, and exercise anti-money laundering efforts, in particular, in accordance with the Card Network Scheme.
Can these payment conditions change?
Changes in the permitted use will require your agreement. Other changes will follow the procedure set forth in the Terms of Service or can be applied in accordance with PCI standards.
- RECORDS OF COMPLIANCE
- SERVICE.GRADUATE ACCOUNTS
Users and Writers will each (a) create and maintain records to document satisfaction of their respective obligations under this Agreement, including, without limitation, their respective payment obligations and compliance with tax and employment laws, and (b) provide copies of such records to Us upon request. Nothing in this subsection requires or will be construed as requiring Us to supervise or monitor any User’s or Writer’s compliance with this Agreement, the other Terms of Service, or a Service Contract. You are solely responsible for the creation, storage, and backup of your business records. This Agreement and any registration for or subsequent use of the Site will not be construed as creating any responsibility for Us to store, backup, retain, or grant access to any information or data for any period.
- WARRANTY DISCLAIMER
YOU AGREE NOT TO RELY ON THE SITE, THE SITE SERVICES, ANY INFORMATION ON THE SITE OR THE CONTINUATION OF THE SITE. THE SITE AND THE SITE SERVICES ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH REGARD TO THE SITE, THE SITE SERVICES, WORK PRODUCT, OR ANY ACTIVITIES OR ITEMS RELATED TO THIS AGREEMENT OR THE TERMS OF SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL EXPRESS AND IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW FOR ALL OF THE FOREGOING LIMITATIONS ON WARRANTIES, SO TO THAT EXTENT, SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
- LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE, OUR AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THIS SERVICE. UNDER NO CIRCUMSTANCES WE WILL BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL WE, OUR AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN EXCESS OF THE AMOUNT THAT YOU HAVE ACTUALLY PAID FOR THE SERVICES IN THE PAST TWELVE MONTHS, OR ONE HUNDRED DOLLARS ($100.00), WHICHEVER IS GREATER.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
In addition to the recognition that We are not a party to any contract between Users and Writers, you hereby release Us, our Affiliates, and our respective officers, directors, agents, subsidiaries, joint ventures, employees and service providers from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with any dispute you have with another User or Writer, whether it be in law or in equity that exist as of the time you enter into this agreement. This release includes, for example and without limitation, any disputes regarding the performance, functions, and quality of the Writer Services provided to User by a Writer and requests for refunds based upon disputes.
You will indemnify, defend, and hold harmless to Us, our Affiliates, and our respective directors, officers, employees, representatives, and agents (each an “Indemnified Party”) for all Indemnified Claims and Indemnified Liabilities relating to or arising out of: (a) your use of the Site and the Site Services, including any payment obligations or default incurred through use of the Site Services; (b) any Service Contract you enter into, including, but not limited to, the classification of a Writer as an independent contractor; the classification of Us as an employer or joint employer of Writer; any employment-related claims, such as those relating to employment termination, employment discrimination, harassment, or retaliation; and any claims for unpaid wages or other compensation, overtime pay, sick leave, holiday or vacation pay, retirement benefits, worker’s compensation benefits, unemployment benefits, or any other employee benefits; (c) your failure to comply with the Terms of Service or the terms of relevant Service Contract; (d) your failure to comply with applicable law; (e) your negligence, willful misconduct, or fraud; and (f) defamation, libel, violation of privacy rights, unfair competition, or infringement of Intellectual Property Rights or allegations thereof to the extent caused by you.
“Indemnified Claim” means any and all claims, damages, liabilities, costs, losses, and expenses (including reasonable attorneys’ fees and all related costs and expenses) arising from or relating to any claim, suit, proceeding, demand, or action brought by you or a third party or other User or Writer against an Indemnified Party.
“Indemnified Liability” means any and all claims, damages, liabilities, costs, losses, and expenses (including reasonable attorneys’ fees and all related costs and expenses) arising from or relating to any claim, suit, proceeding, demand, or action brought by an Indemnified Party against you or a third party or other User or Writer.
- AGREEMENT TERM AND TERMINATION
Unless both you and Us expressly agree otherwise in writing, either of us may terminate this Agreement in our sole discretion, at any time, without explanation, upon written notice to the other, which will result in the termination of the other Terms of Service as well, except as otherwise provided herein. You may provide written notice to us. In the event you properly terminate this Agreement, your right to use the Site and Site Services is automatically revoked, and your Account will be closed. We are not a party to any Service Contract between Users and Writers. Consequently, the User understands and acknowledges that termination of this Agreement (or attempt to terminate this Agreement) does not terminate or otherwise impact any Service Contract or Project entered into between Users and Writers. If you attempt to terminate this Agreement while having one or more open Projects, you agree that (a) you hereby instruct Us to close any open contracts; (b) you will continue to be bound by this Agreement and the other Terms of Service until all such Projects have closed on the Site; (c) We will continue to perform those Site Services necessary to complete any open Project or related transaction between you and the Writer; and (d) you will continue to be obligated to pay any amounts accrued but unpaid as of the date of termination or as of the closure of any open Service Contracts, whichever is later, to Us for any Site Services or such other amounts owed under the Terms of Service and to any Writers for any Writer Services.
Without limiting Our other rights or remedies, we may, but are not obligated to, temporarily or indefinitely revoke access to the Site or Site Services, deny your registration, or permanently revoke your access to the Site and refuse to provide any or all Site Services to you if: (i) you breach the letter or spirit of any terms and conditions of this Agreement or any other provisions of the Terms of Service; (ii) we suspect or become aware that you have provided false or misleading information to us; or (iii) we believe, in our sole discretion, that your actions may cause legal liability for you, other Users and Writers, or Us or our Affiliates; may be contrary to the interests of the Site or the User community; or may involve illicit or illegal activity. If your Account is temporarily or permanently closed, you may not use the Site under the same Account, a different Account, or register under a new Account without Our prior written consent.
You acknowledge, agree, and understand that the value, reputation, and goodwill of the Site depend on transparency of User’s Account status to all Users and Writers, including both yourself and those Writers who have entered into Service Contracts with you. You therefore agree as follows: IF WE DECIDE TO TEMPORARILY OR PERMANENTLY CLOSE YOUR ACCOUNT, WE HAVE THE RIGHT WHERE ALLOWED BY LAW, BUT NOT THE OBLIGATION, TO: (A) NOTIFY THE WRITERS THAT HAVE ENTERED INTO SERVICE CONTRACTS WITH YOU TO INFORM THEM OF YOUR CLOSED ACCOUNT STATUS, (B) PROVIDE THOSE WRITERS WITH A SUMMARY OF THE REASONS FOR YOUR ACCOUNT CLOSURE. YOU AGREE THAT WE WILL HAVE NO LIABILITY ARISING FROM OR RELATING TO ANY NOTICE THAT IT MAY PROVIDE TO ANY WRITER REGARDING CLOSED ACCOUNT STATUS OR THE REASON(S) FOR THE CLOSURE.
After this Agreement terminates, the terms of this Agreement and the other Terms of Service that expressly or by their nature contemplate performance after this Agreement terminates or expires will survive and continue in full force and effect. Without limiting any other provisions of the Terms of Service, the termination of this Agreement for any reason will not release you or Us from any obligations incurred prior to termination of this Agreement or that thereafter may accrue in respect of any act or omission prior to such termination.
- DISPUTES BETWEEN YOU AND US
12.1 ARBITRATION PROVISION
ANY DISPUTE, CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS CONTRACT, OR THE BREACH TERMINATION OR INVALIDITY THEREOF, SHALL BE SETTLED BY ARBITRATION IN ACCORDANCE WITH THE ELECTRONIC TRANSACTION ARBITRATION RULES OF THE HONG KONG INTERNATIONAL ARBITRATION CENTRE AS AT PRESENT IN FORCE AND AS MAY BE AMENDED BY THE REST OF THIS CLAUSE. THE APPOINTING AUTHORITY SHALL BE HONG KONG INTERNATIONAL ARBITRATION CENTRE. THE PLACE OF ARBITRATION WILL BE IN HONG KONG AT THE HONG KONG INTERNATIONAL ARBITRATION CENTRE (HKIAC). THE DISPUTE WILL BE HELD BEFORE A PANEL OF THREE (3) ARBITRATORS. YOU AND WE HEREBY EXPRESSLY WAIVE TRIAL BY JURY. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. NEITHER YOU NOR WE WILL PARTICIPATE IN A CLASS ACTION OR CLASS-WIDE ARBITRATION FOR ANY CLAIMS COVERED BY THIS AGREEMENT TO ARBITRATE. YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. ANY PROVISION OF APPLICABLE LAW NOTWITHSTANDING, THE ARBITRATOR WILL NOT HAVE AUTHORITY TO AWARD DAMAGES, REMEDIES OR AWARDS THAT CONFLICT WITH THIS USER AGREEMENT.
12.2 CHOICE OF LAW
This Agreement, and all claims or causes of action (whether in contract, tort or statute) that may be based upon, arise out of or relating to this Agreement, or the negotiation, execution or performance of this Agreement (including any claim or cause of action based upon, arising out of or related to any representation or warranty made in or in connection with this Agreement or as an inducement to enter into this Agreement), shall be governed by, and enforced in accordance with, the internal laws of the Cyprus, including its statutes of limitations. You acknowledge, understand, and accept that the United Nations Convention on Contracts for the International Sale of Goods do not apply to these Terms.
12.3 INFORMAL DISPUTE RESOLUTION
Before serving a demand for arbitration of a Claim, you and GraduateWay agree to first notify each other of the Claim. You agree to notify Us of the Claim and We agree to provide to you a notice at your email address on file (in each case, a “Notice”). You and GraduateWay then will seek informal voluntary resolution of the Claim. Any Notice must include pertinent account information, a brief description of the Claim, and contact information, so that you or GraduateWay , as applicable, may evaluate the Claim and attempt to informally resolve the Claim. Both you and GraduateWay will have 60 days from the date of the receipt of the Notice to informally resolve the other party’s Claim, which, if successful, will avoid the need for further action.
13.1 ENTIRE AGREEMENT
This Agreement, together with the other Terms of Service, sets forth the entire agreement and understanding between you and Us relating to the subject matter hereof and thereof and cancels and supersedes any prior or contemporaneous discussions, agreements, representations, warranties, and other communications between you and us, written or oral, to the extent they relate in any way to the subject matter hereof and thereof. YOU REPRESENT THAT YOU HAD AMPLE TIME TO REVIEW AND DECIDE WHETHER TO AGREE TO THE TERMS OF SERVICE. If an ambiguity or question of intent or interpretation of the Terms of Service arises, no presumption or burden of proof will arise favoring or disfavoring you or Service.graduateway because of the authorship of any provision of the Terms of Service.
User may not assign the Terms of Service, or any of its rights or obligations hereunder, without Our prior written consent signed by a duly authorized representative. We may freely assign this Agreement and the other Terms of Service without User’s consent. Any attempted assignment or transfer in violation of this subsection will be null and void. Subject to the foregoing restrictions, the Terms of Service are binding upon, and will inure to the benefit of the successors, heirs, and permitted assigns of the parties.
Unless otherwise stated in this Agreement or the other Terms of Service, should any provision of this Agreements or the other Terms of Service be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of this Agreements or the other Terms of Service, and the application of that provision shall be enforced to the extent permitted by law. Any failure by Us to enforce this Agreements or the other Terms of Service or any provision thereof shall not waive Our right to do so.
13.4 FORCE MAJEURE
The parties to this Agreement will not be responsible for the failure to perform or any delay in performance of any obligation hereunder for a reasonable period due to labor disturbances, accidents, fires, floods, telecommunications or Internet failures, strikes, wars, riots, rebellions, blockades, acts of government, governmental requirements and regulations or restrictions imposed by law or any other similar conditions beyond the reasonable control of such party.
13.5 THIRD PARTY WEBSITES
The Site may contain links to third party websites. The inclusion of any website link does not imply an approval, endorsement or recommendation by us. You agree that you access any such website at your own risk, and that such site is not governed by the terms and conditions contained in this Agreement or the other Terms of Service. We expressly disclaim any liability for these websites. Your browsing and interaction on any other website, including those that have a link on our website, is subject to that website’s own rules and policies.
We make no representations that the Site is appropriate or available for all jurisdictions. Those who access or use the Site from other jurisdictions are entirely responsible for compliance with all applicable foreign; United States federal; state, and local laws and regulations. You represent that you are not: (a) the subject of any sanctions administered or enforced by the U.S. Department of Treasury’s Office of Foreign Assets Control, the United Nations Security Council, the European Union, Her Majesty’s Treasury, or other relevant sanctions authority (collectively, “Sanctions”), nor (b) located or resident in a country or territory that is the subject of Sanctions (including, without limitation, Burma/Myanmar, Cuba, Iran, North Korea, Sudan and Syria). You also represent and covenant that you will not, directly or indirectly, use the proceeds from the use hereof (if applicable) to lend, contribute or otherwise make available such proceeds to any subsidiary, joint venture partner or other person to fund or facilitate any activities or business of or with any person or in any country or territory that, at the time of such funding or facilitation, is the subject of Sanctions or in any other manner that will result in a violation of Sanctions by any person. You understand and agree that if your country of residence or other circumstances change such that the above representations are no longer accurate, that you will immediately cease using the Site and Site Services and your license to use the Site or Site Services will be immediately revoked.
13.7 PROHIBITED JURISDICTIONS
You represent that you are not a resident of the following States within the United States of America: New York; New Jersey; Massachusetts; California; Texas; Florida; Pennsylvania; Nevada; Colorado; Virginia; North Carolina; Washington; Illinois; Oregon; Maine; and, Maryland (the “Prohibited States”). Further, you represent that you are not a resident of the following countries: New Zealand and the Republic of Ireland (collectively with Prohibited States, the Prohibited Jurisdictions”). You acknowledge, understand, and agree that We have right to close your account if you use the Site and Site Services while being a resident of the Prohibited Jurisdictions.
Capitalized terms not defined below or above have the meanings described elsewhere in the Terms of Service.
“Fixed-Price Contract” means a Service Contract for which User is charged a fixed fee agreed between a User and a Writer, prior to the commencement of a Service Contract, for the completion of all Writer Services contracted by User for such Service Contract.
The term “including” as used herein means including without limitation.
“Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
“Payment Method” means a valid credit card issued by a bank acceptable to Us, a bank account linked to your Account, a PayPal account, a debit card, or such other method of payment as We may accept from time to time at our sole discretion.
“Project” means an engagement for Writer Services that a Writer provides to a User under a Service Contract on the Site.
“Service Contract” means the relationship between a User and a Writer governing the Writer Services to be performed by a Writer for User for a Project.
“Substantial Change” means a change to the terms of the Terms of Service that reduces your rights or increases your responsibilities.
“Work Product” or “Outcome of Writer Services” means any tangible or intangible results or deliverables that Writer agrees to create for, or actually delivers to, User as a result of performing the Writer Services, including, but not limited to, configurations, computer programs, or other information, or customized hardware, and any intellectual property developed in connection therewith.
Any questions or concerns about these Terms and Conditions of use should be brought to our attention by email to [email protected], and providing us with information relating to your concern.