Terms of Use
- General
- This website wkauthorservices.editage.com is owned and operated by Cactus Communications
Group,. Any references to 'we,' 'us,' 'our,' 'I' refer to Cactus
Communications Group. The Services are wholly offered and provided
by Cactus Communications.
- When you
access, browse, or use this Site, you accept, without limitation or
qualification, the below mentioned terms and conditions and notices
stated herein, as updated from time to time (“Terms and
Conditions” or “T&Cs”). As long as you comply with the
Terms and Conditions, we grant you a non-exclusive,
non-transferable, limited right to enter, view, and use this Site.
If you do not want to be bound by the T&Cs, you agree to
immediately discontinue your use of this Site.
- In addition to
these Terms of Use, your use of our website is also governed by the
following policies:
- Our privacy
policy, which is available here.
The Privacy policy governs our use of your personal information.
It sets out the types of personal information we collect, the
reasons we collect it for, how we use it, where we may pass it on
to any third parties, in what circumstances, and for what reasons,
and any other relevant information relating to our use and/or
processing of your personal information and your rights in
relation to your personal information.
- Our cookies
policy, which is available here.
Our cookies policy governs our use of cookies and similar
technologies on our website. It sets out the types of cookies we
use, the purposes for which we use them, the circumstances in
which we may place cookies on your computer, device, or browser,
and other relevant information relating to cookies, such as how to
change your preferences to accept or reject cookies.
- By accessing
and using our website, you agree to be bound by the terms and
conditions contained in these Terms of Use, you consent to our
processing of your personal information in accordance with our
privacy policy, and your consent to our use of cookies in
accordance with our cookies policy.
- If you do not
consent to the practices set out in these Terms of Use, our
privacy policy and/or our cookies policy, you must not use our
website.
-
Purpose of This Site and the Content Therein
- All the
information presented on this Site (“Content”) is for
informational purposes only and does not create a business or
professional services relationship between us. A service
relationship may be established when you place a request for the
Services through the Site and the same is accepted in writing by
Cactus Communications.
- We reserve the
right to undertake all necessary steps to ensure that the security,
safety, and integrity of our systems as well as its users'
interests are and remain, well–protected. Towards this end, we
may take various steps to verify and confirm the authenticity,
enforceability, and validity of service orders placed by you.
-
Fees and Invoicing
- We will issue
you a valid tax invoice in respect of each service. We will notify
you as soon as the deliverable is ready for download. You will be
required to pay all fees before downloading of the deliverable.
Except as specified herein or in the Order Form (i) fees are based
on the Services requested / purchased and not actual usage, (ii)
payment obligations are non-cancellable and fees are
non-refundable.
- Payment shall
be made: (a) in full without set-off, counterclaim or withholding
of any kind (save where and to the extent that this cannot by law
be excluded); and (b) in the currency mentioned in the order
confirmation.
- You are
responsible for providing complete and accurate billing and contact
information to us and notifying us of any changes to such
information
- We will
re-issue any invoice if any error is later discovered. If you have
overpaid as a result of a billing error, your account will be
credited with the overpayment or, if you have stopped acquiring the
Service from us, we will refund the overpayment promptly after your
request and after deduction of any other amounts due by you to us.
- Billing
Dispute: You may dispute an amount invoiced by us but only if you
do so in accordance with this clause:
- Except to the
extent you raise a valid billing dispute in respect of our
invoice, you agree that the invoice is valid and payable (and you
must pay any undisputed amount included in the invoice in
accordance with this clause 'Fees and Invoicing'
- To raise a
valid billing dispute, you must (i) make a good faith request to
us to investigate the specific charges or invoice, providing at
the same time specific evidence which demonstrates that a
particular charge or invoice is incorrect; and (ii) make any such
request to us within 1 month of the date of the relevant invoice.
- On receiving
good faith dispute request from you, we will conduct
investigations which are reasonably necessary and appropriate in
the circumstances of the dispute. At the end of these
investigations, you will pay any outstanding amount within five
Business Days.
-
Refunds/Cancellation Policy
- All
electronically issued services offer quality assurance. If you are
not 100% satisfied with the quality, simply write to us within
reasonable time asking for rework of the service rendered to you
(refer to the quality guarantee on our business website). If the
quality delivered fell short of the service promise, we will rework
the assignment for free. In case of delay in delivering the
assignment within the committed time, we will refund 100% of its
fee.
- Clients agree
to resolve any questions, concerns, or disputes regarding the
quality of delivered services by submitting a written request,
either by email or the online account. This request must
specifically outline all questions and concerns about possible
editorial errors or omissions so that our experts may clearly
address, respond to, and/or correct any areas of concern on the
client’s behalf as quickly and professionally as possible. Rework
requests are applicable only to the original text and will be
carried out according to the assignment’s original written
instructions.
- No
cancellation requests will be accepted for confirmed orders.
-
Intellectual Property
- The Content
presented on this Site (including but not limited to text, design,
software, graphics, audio, video, HTML code, and data) is protected
by copyright law, trademark law, and other applicable intellectual
property laws and is the exclusive property of us. You agree to
follow all instructions on this Site limiting the way you may use
the Content.
- We reserve all
rights to this Site and its Content. This Content may not be
copied, reproduced, republished, uploaded, posted, transmitted, or
distributed in any way whatsoever, without our prior written
consent. You may use the Content for your limited personal and
non-commercial purposes in accordance with applicable law governing
intellectual property rights. You may download and print one copy
of any Content expressly specified as available for download solely
for your personal, non-commercial use. Provided however, that you
hereby agree not to modify the Content so downloaded, in any way
whatsoever and that you shall not alter any copyright, trademark,
and other proprietary notices or symbols attached/affixed to such
Content. Any other use or modification of the Content without our
prior written authorization is expressly prohibited.
- Trademarks,
logos, and service marks displayed on this Site are our sole and
exclusive property. Nothing contained in this Site shall be
construed as conferring any license or right to any copyright,
trademark, logo, service mark, or other proprietary interest of us
or any third party.
-
Use of The Site
- You hereby
agree not to use contact information provided on the Site for any
unauthorized purposes, including but not limited to marketing. You
shall not use any hardware or software intended to damage or
interfere with the proper working of the Site or to surreptitiously
intercept any system, data, personal information, or Content on the
Site. You agree not to interrupt or attempt to interrupt the
operation of the Site in any manner whatsoever. We hereby reserve
the right, in its sole discretion, to limit or terminate your
access to or use of the Site at any time without notice to you.
- You agree and
undertake to use the Site appropriately. By way of example, and not
as a limitation, you agree and undertake that when using the Site,
you will not:
- host,
display, modify, transmit, update, publish, post, upload,
distribute, disseminate, or share (collectively “Post”) any
information that is knowingly false and/or defamatory, grossly
harmful, harassing, blasphemous, inaccurate, abusive, obscene,
pornographic, paedophilic, libellous, indecent, vulgar,
sexually-oriented, hateful or racially, ethnically objectionable,
threatening, profane, lewd, seditious, invasive of a person's
privacy, disparaging, relating or encouraging money laundering or
gambling, illegal, harmful, derogatory, or unlawful or violates
any law in force or adversely affects our reputation or goodwill,
or otherwise unlawful in any manner;
- Post
information that harms minors;
- stalk, or
otherwise violate the legal rights of other users;
- Post
information that infringes any patent, trademark, copyright, or
other proprietary/intellectual property rights of another person
or Post information that belongs to another person and to which
you do not have any rights to;
- Post files
that contain viruses, Trojan horses, worms, keystroke loggers,
spyware, adware or corrupted files, or any other computer code,
files or programs designed to interrupt, destroy, harm, or limit
the functionality of the Site or another user's computer,
computer system/network/database or user’s data or software;
- conduct or
forward surveys, contests, pyramid schemes, or chain letters on
the Site;
- Post
information that threatens the unity, integrity, defence,
security, sovereignty, friendly relations with foreign states, or
public order or causes incitement to the commission of any
cognisable offence or prevents investigation of any offense or is
insulting any other nation;
- download any
file Posted by another user that you know, or reasonably should
know, cannot be legally distributed in such a manner;
- Post any
information that deceives or misleads the addressee about the
origin of such messages or impersonates another person or
communicates any information that is grossly offensive or
menacing in nature;
- violate any
applicable laws or regulations for the time being in force; or
- make the
Site available over a network where it could be used by multiple
devices or multiple users at the same time.
- You shall be
solely responsible for complying with the laws of the country from
which you are accessing this Site and you agree that you will not
access or use the information on this Site in violation of such
laws. In addition, you may not use this Site:
- In a way
that breaches any applicable local, national, or international
law or regulation;
- In a way
that is unlawful or fraudulent, or has any unlawful or fraudulent
purpose or effect; or
- reject a
user from registering on the Site without assigning any reason
thereof;
- To transmit,
or procure the sending of, any unsolicited or unauthorized
advertising or promotional material or any other similar form of
solicitation (spam) or any material that you are not authorized
to use, disclose, distribute, or share.
- You
guarantee, warrant, and certify that you are the owner of the
content that you Post on the Site (“User Content”) or are
otherwise authorized to use the User Content and that the User
Content does not infringe upon the property rights, intellectual
property rights, or any other rights of any other person. You
further warrant that to your knowledge, no action, suit,
proceeding, or investigation has been instituted or threatened
relating to any User Content, including trademark, trade name
service mark, and copyright formerly or currently used by you in
connection with the User Content.
- You hereby
agree that access to certain areas of this Site may be available
only to registered users. To become a registered user, you may be
required to answer certain questions and provide some personal
information. Answers to such questions may be mandatory and/or
optional. You hereby represent and warrant that all information
supplied to the Site is true, complete, and accurate.
-
Regulatory Powers
- You hereby
acknowledge and agree that we reserve the right to:
- limit, deny,
or restrict the use or access to the Site in entirety or certain
portions of the Site to specific users, including yourself, at its
sole discretion;
- reject a user
from registering on the Site without assigning any reason thereof;
- suspend/cancel/deactivate
any user’s account/registration for any reason that we shall
deem fit, or
- delete, edit,
or move any Content Posted on the Site for any reason whatsoever.
- Use your
name, logo or any other trademark for marketing and promotional
activities if you’ve availed any service(s) from our website.
Such usage shall be in a manner that does not derogate your rights
in your trademarks, names and logos by us.
- Use your data
to analyze, develop and build services, tools and systems for
customers benefits.
-
Confidentiality
- We shall
maintain complete confidentiality of user data, including
manuscript uploaded on this platform. All vendors are contractually
obliged to maintain strict confidentiality of user data and have
agreed not to disclose such confidential information to
unauthorised. Access to the user data is limited to the person who
is in charge or required to work on the document. We also assure
compliance with applicable laws concerning the protection of
personal information and promise to handle Customer's personal
information with great care.
- The
information collected from the users by us shall be held and
maintained in accordance with our 'Privacy Policy'.
-
BREACH OF T&Cs
- When a breach
of these T&Cs has occurred, we may take all or any of the
following actions or any such action as it deems appropriate,
including but not limited to the following:
- Immediate,
temporary, or permanent withdrawal of your right to use the Site;
- Issuance of a
warning to you;
- Initiation of
legal proceedings against you for reimbursement of all resulting
costs and expenses suffered by us on an indemnity basis (including
but not limited to reasonable administrative and legal costs); and
- Disclosure of
such information to law enforcement authorities as is reasonably
necessary.
- We hereby
expressly disclaim all liability for any and all actions taken by
us in response to a breach of the T&Cs committed by you.
-
Indemnity
- You hereby
agree to indemnify, defend, and hold harmless us and our affiliates
and their directors, employees, contractors, agents, licensors,
service providers, subcontractors, and suppliers from and against
any and all losses, liabilities, expenses, damages, and costs,
including reasonable legal fees and court costs, arising or
resulting from your use of the Site and any violation of these
Terms and Conditions. If you cause a technical disruption of the
Site or the systems transmitting the Site to you or others, you
agree to be responsible for any and all losses, liabilities,
expenses, damages, and costs, including reasonable legal fees and
court costs, arising or resulting from that disruption.
- Unless
otherwise explicitly agreed in writing, we neither warrant nor make
any representations regarding the quality, accuracy, or
completeness of any Content on the Site. In no event shall we or
any of our employees, directors, shareholders, or representatives
be liable for any direct, indirect, punitive, incidental, special,
consequential damages, or for any lost profits or revenues,
business interruption, loss of data, or any other damages resulting
from: (a) the use or the inability to use the Site or reliance on
any Content contained in this Site; (b) unauthorized access to or
alteration of the user's transmissions or data; (c) damages for
loss of use, data or profits, arising out of or in any way
connected with the use or performance of the Site; (d) any delay or
inability to use the Site or related services provided on the Site;
(e) non-availability of the Site during periodic maintenance
operations or any unplanned suspension of access to the Site that
may occur due to technical reasons or for any reason beyond our
control; (f) any interruption or delay in provisions of any
services or access to this Site, due to any force majeure event
beyond our reasonable control, including but not limited to acts of
God, flood, fire, blockades, riots, embargoes, government actions,
regulatory sanctions, power outages, unavailability or
non-functioning of payment gateway services, disruption of
communication services in any country or area, etc. (g) any other
matter relating to the Site or the services available on the Site,
or otherwise arising out of the use of the Site, whether based on
contract, tort, negligence, strict liability, or otherwise.
-
Changes to the Site and These Terms
- We may alter
or modify the features of the Site with respect to different
user(s), or change any of the features or introduce new features on
the Site without prior notice to any user.
- We reserve the
right, at our sole discretion, to change, modify, add, or remove
any portion of these T&Cs, in whole or in part, at any time,
temporarily or permanently, without notice and without liability,
by posting revised terms on the Site. You hereby agree that it is
your responsibility to check periodically for any changes made to
these T&Cs. Your continued use of the Site after any changes to
these T&Cs signifies your acceptance of the updated T&Cs.
-
Age Restrictions
- Our website is
not intended for use by individuals under the age of 18 for any
products or services available on or via the websites.
- We do not
knowingly or intentionally process the personal information of any
individual under the age of 18.
- You must not
use our website, purchase or attempt to purchase any of our
products or services, or submit any personal information to us, if
you are under the age of 18.
-
Disclaimers and Limitation of Liability
- While we will
use reasonable efforts to provide reliable Content through this
Site, we do not warrant that this Site is free of inaccuracies,
errors, and/or omissions. This Site may contain certain historical
information, which is provided for your reference only. We reserve
the right to modify the Content presented on this Site at any time,
without notice to you.
- The Site may
contain links to other websites ('Embedded Sites'). The Embedded
Sites are not under our control and we are not responsible for the
contents of any Embedded Site, including without limitation any
link contained in an Embedded Site, or any changes or updates to an
Embedded Site. We are not responsible for any form of transmission,
whatsoever, received by you from any Embedded Site. We are
providing these links or allowing users to provide you these links
only as a convenience, and the inclusion of any link does not imply
endorsement by us of the Embedded Sites or of any information
contained in the Embedded Site or any association with the
operators or owners of the Embedded Site
- You hereby
expressly acknowledge that internet transmissions are never
completely private or secure. You understand that any message or
information sent by you to us or Posted on the Site may be read or
intercepted by others unless there is a special notice that a
particular message (for example, credit card information) is
encrypted (sent in code). It is expressly clarified that we do not
bear any additional responsibility towards you on account of your
sending a message to us.
- For the
avoidance of doubt, it is clarified that except as otherwise
expressly provided in these T&Cs, we make no representations,
guarantees, or warranties, written or oral, express or implied, to
the user or to any other person or entity regarding the services,
the Content on the Site, any hardware, or software.
-
Grievance Redressal
- Should you
have any grievance or complaints in relation to your use of the
Site, please contact us, at privacy@cactusglobal.com,
who shall respond to your grievance within 14 days.
-
Governing Law/Dispute Resolution
- If any dispute
arises between you and us in respect of your use of the Site or
thereafter, in connection with and arising from your use or attempt
to use this Site, such dispute shall be solely resolved by
reference to arbitration. The place of arbitration shall be India.
The arbitration proceedings shall be in English language.
- These terms
and conditions are governed by and shall be construed in accordance
with the laws of The India and any dispute shall, subject to the
arbitration clause specified above, exclusively be subject to the
jurisdiction of the appropriate Courts situated at Mumbai.
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| Wolters Kluwer and Editage. All rights reserved.