Terms of Use

Terms of Use


General

www.scholarproof.com is owned and operated by ScholarProof, an Australian registered business (ABN: 40 780 474 344). Any references to “we,” “us,” “our,” “I” refer to ScholarProof.

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 of Use” or “ToU”). As long as you comply with the Terms of Use, 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 ToU, 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. This governs our use of your personal information. It sets out the types of personal information we collect, the reasons we collect it, 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 Privacy Policy includes how ScholarProof governs the 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.
  • Our Refund Policy. This governs how we resolve any questions, concerns, or disputes regarding the quality of delivered services and the full extent to which refunds of payments may be provided.

By accessing and using our website, you agree to be bound by the terms and conditions contained in these Terms of Use, and you consent to our processing of your personal information in accordance with our Privacy Policy.

If you do not consent to the practices set out in these Terms of Use and our privacy 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 and payment of Services through the Site and the same is accepted in writing by ScholarProof.

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 invoice in respect of each service, and a receipt following full payment. The completed deliverable will be provided by email to the email address you provide when the product to be serviced is uploaded. You will be required to pay all fees before the deliverable may be provided to you. The payable amount is based on the Service(s) requested / purchased, and payment obligations are non-cancellable.

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, you will be refunded 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 14 days of the date of the relevant invoice.

On receiving a 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, any outstanding amount from either party will be paid within five business days.

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 ScholarProof. You agree to follow all instructions on this Site limiting the way you may use the Content.

ScholarProof reserves 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;

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; and
  • use your data to analyze, develop and build services, tools and systems for customers’ benefits.

Confidentiality

ScholarProof shall maintain complete confidentiality of user data, including manuscripts uploaded on this platform. We maintain strict confidentiality of user data and do not to disclose such confidential information to unauthorised parties.

The information collected from users by us shall be held and maintained in accordance with our Privacy Policy.

Breach of Terms of Use

When a breach of these ToU has occurred, we may take all or any of the following actions or any such action as is deemed 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 ToU 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 ToU, 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 ToU. Your continued use of the Site after any changes to these ToU signifies your acceptance of the updated ToU.

Age Restrictions

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 ToU, ScholarProof makes 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 contact@scholarproof.com.

Governing Law/Dispute Resolution

If any dispute arises between you and ScholarProof in respect of your use of the Site or thereafter, in connection with and arising from your use or attempt to use this Site or its related services, such dispute shall be solely resolved by reference to arbitration. The place of arbitration shall be Australia. The arbitration proceedings shall be in English language.

These ToU are governed by and shall be construed in accordance with the laws of Australia and any dispute shall, subject to the arbitration clause specified above, exclusively be subject to the jurisdiction of the appropriate Courts situated in Australia.


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