(Effective as of March 05, 2021)
"Service" refers to the Firm's services accessed via the Site, in which users can seek editing and transcription services.
The terms "we," "us," and "our" refer to the Firm. "You" refers to you, as a user of our Site or our Service.
ABOUT THE SERVICE
The Service allows you to register as a customer, conduct editing and transcription transactions, make payments for the acquired services, access your registered account, and seek information about the Firm’s offerings and the Firm.
REGISTRATION; RULES FOR USER CONDUCT AND USE OF THE SERVICE
If you are a user and would like to sign up for the Service, you can create a personalized account which includes a unique username (using an email identity) or a phone number and a password to access the Service and to receive messages from the Firm. You agree to notify us immediately of any unauthorized use of your password and/or account. The Firm will not be responsible for any liabilities, losses, or damages arising out of the unauthorized use of your user identity, password and/or account.
SUBMISSION(S) AND CONDUCT
By submitting any file(s)/document(s)/content while using the Service, you agree as follows:
PAYMENT AND SERVICE TERMS
All prices on the Site are in Australian dollars and are inclusive of GST where applicable. Prices are subject to change without notice. Please refer to pricing details and terms by clicking: (a) Editing pricing; and (b) Transcription pricing.
REFUNDS AND RETURNS POLICY
The Service will provide a refund of monies paid only in the circumstances when we have not met the deadline (based on the turnaround time chosen by you at the time of submission) for returning the edited or transcribed file(s)/document(s) according to the conditions in the section ‘Delivery Policy’. The Service will not provide any refunds where the submitted job has been completed and returned to you on time and bears no responsibility whatsoever where: (a) you made an error at the time of submission; and (b) for any circumstances beyond our control that prevent us from completing the submitted job.
Our service come with guarantees that cannot be excluded under the Australian Consumer Law (Consumer Guarantees). You are entitled to a refund to the amount you have paid to us for a major failure (i.e. not meeting the deadline) and for compensation (to the amount you have paid to us) for any other reasonably foreseeable loss or damage. You are also entitled to have the problems with the service rectified in a reasonable time if the service fail to be of acceptable quality and the failure does not amount to a major failure.
Please choose the service carefully. We do not normally give refunds if you simply change your mind or make a wrong decision, as we strive to process your submitted job promptly and assign it to editors and transcribers.
However, in cases where for some reason you would like to request not to process the submitted job and cancel the transaction, pls send us an email within one hour of submission time and explain the reason for cancelling a transaction. At our sole discretion, if we find the reason valid, we will consider your cancellation request. If that cancellation request (received within one hour of your job submission) is approved by us, we will process a refund. Please note that all fees and charges related to cancellation will be borne by you and you will receive the funds minus all fees and charges related to cancellation. In all circumstances, the Service reserves sole discretion to award a refund of monies paid.
The Service will communicate the completion and/or return of file(s)/documents via email that you provided to us at the time of submission of a job. The Service will be considered to have returned your edited file(s)/document(s) within the turnaround time chosen by you at the time of submission if we have sent an email message to the email address you provided to us at the time of submission. The Service will be considered to have returned your transcribed file(s)/document(s) within the turnaround time chosen by you at the time of submission if we have sent an email message to the email address you provided to us at the time of submission to login to your registered account (using id and password you set at the time of registering on our Site) on the Site and download the transcribed documents after making full payment.
Once Service has sent an email to your provided email address, the Service will not be considered to have missed the deadline set-out as per your chosen turnaround time even if: (a) for some reasons your email mailbox is not able to receive our email and therefore we resend the email at your request; (b) your provided email address is incorrect, inaccurate or faulty and hence we resend the email; (c) the file(s) attachment is of large size and you are not able to download the file(s) to your computer due to some reasons; (d) the transcribed file(s) is not downloading to your computer due to some problems with your computer or due to issues with technological infrastructure; and (e) we are sending you file(s) through WeTransfer or Dropbox and you are not being able to download the file(s) to your computer for some reasons until after the deadline.
You agree to fully indemnify the Site, the Service, its affiliates, directors, or employees, or partners or vendors and hold harmless from: (a) any inaccurate or misleading statements, representations or information contained in the file(s)/document(s)/content returned by us; (b) any inconsistencies in the quality, content, completeness, suitability, adequacy, sequence and accuracy of your file(s)/document(s)/content; (c) any claim or demand, including reasonable fees and costs for the service of an attorney, or as may be made by any third party due to or arising from use of the Service or the Site; and (d) any violation by you or infringement of any intellectual property or other right of any person or entity by you.
Your permission to use the Site is conditioned upon the following use, and conduct restrictions:
You agree that you will not under any circumstances:
ONLINE CONTENT DISCLAIMER
Opinions, advice, statements, offers, or other information or content made available through the Service, but not directly by the Site, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content.
We do not guarantee the accuracy, completeness, or usefulness of any information on the Site or the Service nor do we adopt nor endorse, nor are we responsible for, the accuracy or reliability of any opinion, advice, or statement made by other parties.
We take no responsibility and assume no liability for any User Content that you or any other user or third party posts or sends via the Service. Under no circumstances will we be responsible for any loss or damage resulting from anyone's reliance on information or other content posted on the Service, or transmitted to users.
readily accessible to the general public will be treated by us as private to the extent required by applicable law.] The Firm shall have the right to remove any material that in its sole opinion violates, or is alleged to violate, the law or this agreement or which might be offensive, or that might violate the rights, harm, or threaten the safety of users or others.
LINKS TO OTHER SITES AND/OR MATERIALS
As part of the Service, we may provide you with convenient links to third party website(s) ("Third Party Sites") as well as content or items belonging to or originating from third parties (the "Third Party Applications, Software or Content"). These links are provided as a courtesy to Service subscribers. We have no control over Third Party Sites or Third Party Applications, Software or Content or the promotions, materials, information, goods or services available on these Third Party
Sites or Third Party Applications, Software or Content. Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness, and we are not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy
practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content.
including privacy and data gathering practices, of any Third Party Site to which you navigate from the Site or relating to any applications you use or install from the Third Party Site.
COPYRIGHT COMPLAINTS AND COPYRIGHT AGENT
(a) Termination of Repeat Infringer Accounts. We respect the intellectual property rights of others and requires that the users do the same. Pursuant to Copyright Act 1968 (CTH), we have adopted and implemented a policy that provides for the termination in appropriate circumstances of users of the Service who are repeat infringers. We may terminate access for participants or users who are found repeatedly to provide protected third party content without necessary rights and permissions.
You agree that you will not submit file(s)/document(s)/content that is plagiarized or copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secret, or others, unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such content.
You agree that we have the right to determine whether your submissions are appropriate and comply with these Terms of Service, and refuse to quote for or to accept work, remove any and/or all of your submissions, and terminate your account with or without prior notice;
EMAIL MAY NOT BE USED TO PROVIDE NOTICE
Communications made through the Service's email and messaging system will not constitute legal notice to the Site, the Service, or any of its officers, employees, vendors, agents or representatives in any situation where legal notice is required by contract or any law or regulation.
USER CONSENT TO RECEIVE COMMUNICATIONS IN ELECTRONIC FORM
We may also use your email address to send you other messages, including information about the Site or the Service and special offers. You may opt out of such email by changing your account settings, using the "Unsubscribe" link in the message, or by sending an email to firstname.lastname@example.org or mail to the postal address given on the Contact Us page.
Opting out may prevent you from receiving messages regarding the Site, the Service or special offers.
LIMITATION AND EXCLUSION OF LIABILITY
Release to the extent permitted by applicable law, in no event shall the site, the service, its affiliates, directors, or employees, or its licensors or partners or vendors, be liable to you for any loss of profits, use, or data, or for any incidental, indirect, special, consequential or exemplary damages, however arising, that result from: (a) your use or inability to use the service; (b) the service generally or the software or systems that make the service available; or (c) any other interactions with use or with any other user of the service, whether based on warranty, contract, tort (including negligence) or any other legal theory, and whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose. Some jurisdictions limit or do not permit disclaimers of liability, so this provision may not apply to you.
Your remedy for claim shall be limited to the amount you have paid to us, provided that you are able to demonstrate an authentic proof of claim.
In an event of a dispute arising out of, or in connection with, the Terms and Conditions of the Service and/or Site, you agree to attempt to resolve the dispute by engaging with us before commencing arbitration or litigation. If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees, vendors) 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 such disputes.
The service, is provided "as is," without warranty of any kind. Without limiting the foregoing, we expressly disclaim all warranties, whether express, implied or statutory, regarding the service including without limitation any warranty of merchantability, fitness for a particular purpose, title, security, accuracy and non-infringement. Without limiting the foregoing, we make no warranty or representation that access to or operation of the service will be uninterrupted or error free. You assume full responsibility and risk of loss resulting from your downloading and/or use of files, information, content or other material obtained from the service. Some jurisdictions limit or do not permit disclaimers of warranty, so this provision may not apply to you.