TERMS AND CONDITIONS FOR USE OF THE EDITEX SERVICE
In these terms and conditions, “we” “us” and “our” refers to Editex Pty Ltd ABN 73 117 637 635. Your access to and use of all content on this website is provided subject to the following terms and conditions.
We reserve the right to amend this notice at any time and your use of the website following any amendments will represent your agreement to be bound by these terms and conditions as amended. We therefore recommend that each time you access our website you read these terms and conditions.
- When you visit our website, we give you a limited licence to access and use our information for personal use.
- You are permitted to download a copy of the information on this website to your computer for your personal use only provided that you do not delete or change any copyright symbol, trade mark or other proprietary notice. Your use of our content in any other way infringes our intellectual property rights.
- Except as permitted under the Copyright Act 1968 (Cth), you are not permitted to copy, reproduce, republish, distribute or display any of the information on this website without our prior written permission.
- The licence to access and use the information on our website does not include the right to use any data mining robots or other extraction tools. The licence also does not permit you to metatag or mirror our website without our prior written permission. We reserve the right to serve you with notice if we become aware of your metatagging or mirroring of our website.
- This website may from time to time contain hyperlinks to other websites. Such links are provided for convenience only and we take no responsibility for the content and maintenance of or privacy compliance by any linked website. Any hyperlink on our website to another website does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or products which they provide.
- You may link our website without our consent. Any such linking will be entirely your responsibility and at your expense. By linking, you must not alter any of our website’s contents including any intellectual property notices and you must not frame or reformat any of our pages, files, images, text or other materials.
Intellectual Property Rights
- The copyright to all content on this website including applets, graphics, images, layouts and text belongs to us or we have a licence to use those materials.
- All trademarks, brands and logos which are used on this website are either owned by us or we have a licence to use them. Your access to our website does not license you to use those marks in any commercial way without our prior written permission.
- Any comment, feedback, idea or suggestion (called “Comments”) which you provide to us through this website becomes our property. If in future we use your Comments in promoting our website or in any other way, we will not be liable for any similarities which may appear from such use. Furthermore, you agree that we are entitled to use your Comments for any commercial or non-commercial purpose without compensation to you or to any other person who has transmitted your Comments.
- If you provide us with Comments, you acknowledge that you are responsible for the content of such material including its legality, originality and copyright.
Affiliated Service Providers
- We act as agents for the provision to you of editing services and other services provided by businesses affiliated with us. You acknowledge that we may receive commissions from affiliated businesses in return for referring customers to them.
- You further acknowledge that we may pay commissions to affiliated businesses which refer customers to us.
- We accept no responsibility or liability for the conduct of any affiliated business to which you may be referred by us.
- The information we provide on this website is of a general nature only. We are not providing professional advice and you should obtain professional or specialist advice that is appropriate to your circumstances and we give no warranty and accept no liability should you use the information without obtaining independent advice.
- We give no warranty that the information is free from error or omission and you should use your own care and skill when accessing and using it.
- To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is excluded.
- We take all due care in ensuring that our website is free of any virus, worm, Trojan horse and/or malware, however we are not responsible for any damage to your computer system which arises in connection with your use of our website or any linked website.
Limitation of Liability
- To the full extent permitted by law, our liability for breach of an implied warranty or condition will not be greater than the amount you paid to access our website.
- By accessing our website, you agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with your use of our website.
- These terms and conditions are to be governed by and construed in accordance with the laws of South Australia and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in South Australia and you agree to submit to the jurisdiction of those Courts.
- If any provision in these terms and conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.
- We undertake to take all due care with any information including Comments which you may provide to us when accessing our website. However we do not warrant and cannot ensure the security of any information which you may provide to us. Information you transmit to us is entirely at your own risk although we undertake to take reasonable steps to preserve such information in a secure manner.
TERMS AND CONDITIONS BETWEEN EDITING CLIENTS AND EDITEX EDITORS
Editex is a web-based platform for connecting editing clients with editors. Editex editors’ details will be made available to clients who search for editors on the Editex website.
The contractual relationship regarding the editing of any document is between the editor and the editing client. Therefore, Editex shall not be held liable for any loss or damage resulting from any actions or omissions by any of the editors listed on the Editex website.
Editex provides a fee collection service to its editors, and may issue invoices on behalf of editors. Any editing fees received by Editex from an editing client will be held in trust for the editor, excepting Editex’s commission.
By using the Editex website, you accept the following Terms and Conditions. Editex retains sole discretion to modify or revise these Terms and Conditions at any time by updating the content of this page.
The client bears full and absolute responsibility for:
- The content, presentation, quality, final use and submission of all documents
- Their decision to implement any changes, copyedits or corrections suggested by an Editex editor
- Compliance with all university policies and guidelines together with all local laws (including the “Guidelines for Editing Research Theses” in the case of postgraduate students, which involves checking all changes made by the editor prior to accepting them)
- Research and originality of all material provided to an Editex editor
- Final grades received by all documents edited by an Editex editor, acknowledging that grades are allocated on the basis of factors and opinions outside the editor’s control
- Keeping backup copies of all material provided to Editex editors
- Obtaining a specific quotation for their document or project prior to paying and submitting the academic editing project to an Editex editor
- Providing a functional email address to receive communication and completed work from Editex editors
- Providing final sign off of work completed by an Editex editor. If an editor has not heard from you within seven days of returning your edited document (or 14 days for a document of over 50,000 words), we assume you have approved the work and the editor bears no further responsibility for same
- Making full payment to Editex for your project before editing commences, unless Editex has agreed to provide you with an invoice on behalf of your editor that your university can pay within 30 days, or otherwise agreed in writing
- Making full payment to Editex for your project within 30 days if we have agreed that you do not need to make payment upfront and have invoiced you instead. If your university agreed to pay your invoice for you but fails to do so for any reason, you are legally responsible for making full payment of the invoice yourself
- Will take all reasonable steps to ensure academic editing is accurate and of high quality
- Do not guarantee improved grades, successful grades or acceptance of content for publication and cannot be held liable for lack of same
- Do not guarantee that academic editing will result in “perfect” or “error free” work; and do not guarantee to remove 100 per cent of errors
- Bear no responsibility whatsoever for any circumstances beyond their control that prevent the editor from completing the project (e.g. power cuts/black-outs/the corruption of files). In these circumstances, the editor bears sole discretion to award clients a refund of monies paid
- Bear no responsibility whatsoever for bugs or file corruptions that cause problems or changes in documents (often in relation to formatting/layout), including those that occur after we have returned the edited document, as these are outside of our control. We will assist clients to rectify these problems to the best of our ability
- Reserve the right to refuse to quote for or to accept work
- May not edit work that has been plagiarised. If in the course of editing we determine that sections of a document have been plagiarised, these sections may not be edited. Plagiarism is presenting the words or ideas of others as if they were your own (for example, copying the work of another author word for word without indicating that it is a direct quotation). Clients will be notified of sections that editors deem to have been plagiarised and advice will be given on how the client can rectify the situation. The client is not entitled to a refund regardless of the number of words contained in plagiarised sections that have not been edited because the editor will still have performed work in relation to these sections, in accordance with these Terms and Conditions.
- Bear no responsibility for any errors or omissions arising because the client did not clearly communicate their requirements
- Editex and Editex editors will keep all client information strictly confidential and retain such information solely for the purposes of carrying out academic editing as commissioned by the client except as is permitted in C, D and E below
- Clients may request that documents be destroyed and/or deleted after a job has been completed. If this instruction is not received, the editor may retain a copy of your documents for backup purposes only. No information will be passed to third parties, unless at the express request of the client except as is permitted in C, D and E below
Where the editing work has been commissioned by a university student, and the document submitted forms part of the student’s university studies:
- The documents will be held for a period 90 days from completion of the editing before any request to destroy and/or delete the documents is acted upon, unless the request to destroy and/or delete the documents is approved in writing by a university staff member
- The supervisor of a postgraduate student may be contacted by the editor where necessary to comply with the “Guidelines for Editing Research Theses”
- Editex or the editor will supply the student’s university with copies of the student’s unedited and/or edited documents upon a formal written request from any staff member of the university.
The client agrees to fully indemnify and hold Editex editors harmless from:
- any inaccurate or misleading statements, representations or information contained in the documents returned by Editex editors
- any inconsistencies in the quality, content, completeness, suitability, adequacy, sequence and accuracy of the clients’ documents
- 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 website
- any violation by the client, or infringement of any intellectual property or other right of any person or entity by the client
Limitation of liability
Editex editors are not liable for any damages that arise from our academic editing service, including:
- exemplary, including lost revenues or profits, loss of business or loss of data
- any claim, loss or injury based on errors, omission, interruptions or any other inaccuracies (including, without limitation, as a result of any breach of warranty or other term of this agreement)
A client’s remedy for claim shall be limited to the amount they have paid to us, provided that proof of claim is demonstrated.
An Editex editor may terminate a project at any time for any reason.