Terms of Access to "Check my Assignment"

1. INTRODUCTION

  1. This website (referred to in these terms and conditions (Terms) as the Website) is owned and operated by Vanessa Lyon (the Owner) on the world-wide-web (the WWW).
  2. The material available on the Website is copyright of Vanessa Lyon 2016 unless otherwise noted.
  3. The Website is available for you to:
    1. access on a continual basis conditional on your acceptance to the below terms and conditions (Conditions) on this page and any subsequent amendments to the Conditions. Your acceptance must be of the Conditions as is and no alterations or amendments to the Conditions are consented to by the Owner.
    2. submit pieces of assessment for review and academic feedback by the Owner in exchange for payment of the Service Fee.

2. USE OF INFORMATION ON WEBSITE

2.1 Generally

  1. Except for the limited uses set out in paragraph 2.1c below, you may not use the Website or the material contained on it for any purpose. This extends to:
    1. the reproduction of the material in any form;
    2. the distribution of the material in any form;
    3. re-transmission of the materials by any medium of communication;
    4. uploading and/or reposting the material to any other site on the WWW;
    5. "framing" the material on the Website with other material on any other WWW site.
  2. The conduct outlined in paragraph 2.1a are unlawful in any jurisdiction and are specifically prohibited by these Terms.
  3. Notwithstanding the above restrictions on use of the material on the Website, you may download material from the Website for your own personal non-commercial use provided you do not remove any copyright and/or trade mark notices contained on the material.
  4. You may not modify or copy:
    1. the layout of the Website; or
    2. any computer software or code contained in the Website.
  5. The Owner reserves all intellectual property rights, including but not limited to, copyright in material and/or services provided by it. The material provided on the Website is provided for your personal use only and you may not do the following without the prior written consent of the Owner:
    1. re-sold and/or redistributed in any material form;
    2. stored in any stored media; or
    3. re-transmitted in any media.

2.2 Links to other websites

  1. The Website may contain links to other sites on the WWW owned and operated by third parties and which are not under the control of the Owner.
  2. In relation to the other sites on the WWW which are linked to the Website (Other Sites), the Owner:
    1. provides the links to the Other Sites as a convenience to you and the existence of a link to Other Sites does not imply any endorsement by the Owner of the linked site; and
    2. is not responsible for the material contained on, or any loss suffered by you as a result of your use of, the Other Sites.

3. PROVISION OF SERVICES

  1. The Owner operates the business known as Check My Assignment (Business) which provides the following services to consumers at the following charges (excluding GST) (Services):


    Services


    Package Price

    3 day (72 hour) turnaround entitling you to:

    • 3 assignments per month via subscription
    • proof reading
    • a written assessment of what has been done thus far
    • strategies on how to improve the assessment piece
    • 6 email exchanges to double check spelling & grammar

    $30.00 per assessment piece

    24 hour service (1 day turnaround), entitling you to:

    • VIP service (prior approval via text required)
    • proof reading
    • a written assessment of what has been done thus far
    • strategies on how to improve the assessment piece
    • 2 email exchanges to double check spelling & grammar

    $50.00 per assessment piece

    Monthly Package - 3 day (72 hour turnaround) entitling you to:

    • proof reading
    • a written assessment of what has been done thus far
    • strategies on how to improve the assessment piece
    • 2 email exchanges to double check spelling & grammar

    $60.00 per month


  2. The Prices listed in the table in clause 3a (Pricing Schedule) are subject to change without notice.
  3. Payment for the Services (including GST) must be received prior to the Services being conducted in accordance with the Pricing Schedule (Payment). Payment is able to be made via the PayPal services provided on the Website.
  4. The Customer agrees to be bound by all terms and conditions applicable to the use of the PayPal services and recognises and acknowledges Paypal's status as a third party entity. Any disputes as to the processing of payments are to be negotiated and completed with Paypal.
  5. Payments for the Monthly Package will be made via a monthly direct debit to the customer's nominated facility set up via PayPal and will occur on the monthly anniversary date of the first payment date under the Monthly package. For example, if the first payment occurs on July 15, the next payment will occur on August 15. The automatic payment subscription will automatically terminate after twelve months. In the event the customer cancels the Monthly Package, on the next scheduled payment date following cancellation the customer will be charged the balance of the twelve month fee remaining. For example, if you sign up in January and then cancel in June, you will be charged for June to December.

4. DISCLAIMERS

  1. The Owner gives no warranty, guarantee or representation about the accuracy, reliability or timeliness or otherwise of the information contained on the Website or the Other Sites.
  2. To the full extent permitted by law the Owner disclaims any and all warranties, express or implied, regarding:
    1. the accuracy, reliability, timeliness or otherwise of any information contained or referred to on the Website and/or the Other Sites.
    2. the merchantability or fitness for purpose of any service or product contained on the Website or the Other Sites.
  3. The Owner will not be liable for any loss of profits or damages of any kind recognised by law (even if it has been advised of the possibility of such loss of profits or damages) which are the consequence of you:
    1. acting, or failing to act, on any information contained on or referred to on the Website and/or any of the Other Sites;
    2. failing to comply with the academic rules of any educational institution which you attend and intend to submit the Assessment after performance of the Services;
    3. failing to achieve the academic result desired with any educational institution which you submit the Assessment to after performance of the Services;
    4. using or acquiring, or your inability to use or acquire, any service or product contained or referred to on the Website or the Other Sites.
  4. The Owner does not warrant, guarantee or make any representation that:
    1. the Website, or the server that makes the Website available on the WWW are free of software viruses.
    2. the functions contained in any software contained on the Website will operate uninterrupted or are error-free.
    3. errors and defects in the Website will be corrected.
  5. The Owner is not liable to you for:
    1. errors or omissions in the Website, or the Other Sites on the WWW;
    2. delays to, interruptions of or cessation of the Services provided in the Website or the linked sites; and
    3. defamatory, offensive or illegal conduct of any user of the Website.
  6. You agree to accept the full cost of any necessary repair, correction and maintenance of any of your computer software or hardware, which may be necessary as a consequence of you accessing the Website.

5. LIMITATION OF LIABILITY


Clause 4 may not apply to you in jurisdictions in which limitations on or exclusions of warranties or liabilities are not permitted by law. To the extent fully permitted by law the Owner's liability for any implied warranty or condition is limited, at the choice of the Owner, to one or more of the following:

  1. if the breach of an implied warranty or condition relates to services:
    1. the supply of the Services again; or
    2. the payment of the cost of having the services supplied again;
  2. if the breach of an implied warranty or condition relates to goods:
    1. the replacement of the goods or the supply of equivalent goods;
    2. the repair of such goods;
    3. the payment of the cost of replacing the goods or acquiring equivalent goods, or having the goods repaired.

6. USE OF INFORMATION GATHERED

  1. The Owner and/or people authorised by it may gather and process information:
    1. which you may provide when accessing the Website, such as your name, address, email address and other personal information about you.
    2. regarding the way in which you use the Website including, without limitation, information acquired through the use of "cookies" programmed during the access of the Website.
  2. The Owner may authorise others to offer you goods and services using the information acquired through paragraph 6(a).

7. TERMINATION OF ACCESS

  1. The Owner may terminate access to the Website at any time without giving any explanation or justification for the termination of access, and the Owner has no liability for any costs, losses or damages or any kind arising as a consequence of terminating access to the Website.

8. ALTERATION OF TERMS OF ACCESS

  1. The Owner reserves the right to change these Terms:
    1. with or without further notice to you; and
    2. without giving you any explanation or justification for such change.

9. RELEVANT JURISDICTION

  1. If any part of these Terms are found to be void, unlawful, or unenforceable then that part will be deemed to be severable from the balance of these terms of access and the severed part will not affect the validity and enforceability of any of the remaining provisions.
  2. These Terms will be governed by and interpreted in accordance with the laws of the state of Western Australia, Australia, without giving effect to any principles of conflicts of laws.
  3. You agree to the jurisdiction of the Courts of Western Australia and/or Australia to determine any dispute arising out of these Terms.

10. PROVISION OF INFORMATION BY YOU


In respect of material submitted either on the Website or to the Owner by other means for the performance of the Services, you warrant that:

  1. you are authorised to provide the material and/or the information;
  2. the material and/or information is not defamatory, malicious, or a falsehood in relation to any product, service, person or corporation;
  3. that by submitting the material and receiving the Services you are not breaching the academic rules of the educational institution you are attending and which the material will be submitted to after performance of the Services;
  4. the material and/or information does not infringe any intellectual property right, including (but not limited to) trade marks, copyright, service marks, business names or contain any confidential information (being that which is not in the general public domain);
  5. the material and/or information does not infringe any legislation of the Commonwealth of Australia and/or the State of Western Australia (including but not limited to, the Competition and Consumer Act 2010 (Cth)) or any laws issued by any other parliament or government authority competent to legislation in relation to the Website or any law in any country where the material and/or information is or will be available electronically to users of this Website.

11. LICENCE TO USE


By providing information and/or material which contains your intellectual property (including but not limited to, copyright, moral rights, trade marks, business names, designs and circuit layouts) (Customer Intellectual Property) to the Website or to the Owner for the provision of the Services, you are granting the Owner a perpetual, non-exclusive and payment-free licence throughout the world to:

  1. reproduce, use and exploit the Customer Intellectual Property as a part of the Website (or as part of its example marketing material to prospective customers of the Services) to the full extent permitted by Intellectual Property law in any jurisdiction in which the Website is available to users; and
  2. allow the Owner to sub-licence others the same rights provided to the Owner in clause 11a above.

12. INDEMNITY


You will at all times indemnify and keep indemnified the Owner and its respective officers, employees and agents (Those Indemnified) from and against any loss (including reasonable legal costs and expenses) or liability incurred by Those Indemnified arising from any claim, demand, suit, action or proceeding by any person against any of Those Indemnified where such loss or liability arose out of, or in connection with, or in respect of:

  1. any breach of these Terms by you;
  2. your use of the Services as part of your education;
  3. the publication and distribution of any material/information which were subject to the Services by the Owner;
  4. your use of the Website;
  5. your use of Paypal as a means of payment.

13. MINORS

  1. I acknowledge that I have read these Terms and that I warrant that I am over the age of 18.
  2. In the event that I am not 18, I acknowledge that I will notify the Owner immediately and provide contact details for a guardian so that consent may be obtained.

14. COMPLAINTS

  1. Any complaints regarding the services must be addressed to the Owner via email to the following email address: vanessa@checkmyassignment.com.au.
  2. The timeframe for any response to complaints is seven (7) business days.