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1. Introduction
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THE FOLLOWING DESCRIBES THE TERMS ON WHICH COURSEWORKGURU LIMITED OFFERS YOU ACCESS TO OUR SITE AND SERVICES.
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Welcome to the Web site operated by CourseworkGuru Limited. (hereafter referred to as "CourseworkGuru", "we", "us" or "our"), a company incorporated in Scotland. CourseworkGuru maintains www.courseworkguru.com (hereafter "Site"or “Marketplace”), as a service to our users and visitors (our Site and such services, collectively, our "Services").
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The terms "Coursework(s)", "Homework(s)", "Assignment(s)", "Question(s)"and “Tutorial" (hereafter referred to as “Job(s)”).
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The terms "Client(s)", "Student(s)" when used in these Terms mean any user that is submitting or posting a Job on the Site.
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The terms "Tutor(s)", "Guru", "Solution Provider(s)", "Freelancer(s)", when used in these Terms mean any user that is submitting or posting an answer to the Job posted on the Site.
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The terms "User(s)", "You", "Your", "Yours" and “Others” when used in these Terms mean any user of the Marketplace or Site.
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By using this Site, you agree to comply with and be legally bound by the following terms of use ("Terms"), whether or not you become a registered user of the Services. Please review the following terms carefully. If you do not agree to these terms, you have no right to obtain information from or otherwise continue using this Site. Failure to use this Site in accordance with the following terms of use may subject you to severe civil and criminal penalties. We reserve the right to modify these Terms or policies relating to the Services at any time, effective upon posting of an updated version of these Terms on the Site. You are responsible for regularly reviewing these Terms. By using this Site, you agree that the posting of new or revised terms and conditions on the Site will constitute adequate and constructive notice to you of any and all revisions and changes. Continued use of the Service after any such changes or after explicitly accepting the new Terms upon logging into the site shall constitute your consent to such changes.
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2. Your Responsibilities
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2.1 Neutral Venue.
Our Site is an online marketplace through which users seek answers to the jobs they are having difficulties in or are struggling with. Users that provide answers to the questions get paid based on the prize money set by the owner of the job. We will provide and maintain the Marketplace in order to introduce Students and Tutors. We do not verify the answers posted on the Site and You expressly agree that we are not party to any of the questions or answers submitted on the site and likewise, You expressly agree that you are buying the answers submitted at your own risk.
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2.2 Posting Jobs.
When a Client advertises a Job in the Marketplace, the Client shall specify a closing time and date (Closing Date) by which time all answer must have been submitted by Tutor.
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2.3 Defining Job Requirements
Client is responsible for defining clearly the job description, deliverables or results with respect to the Job posted on the Site.
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2.4 Removal of Jobs From The Site.
CourseworkGuru will at its sole discretion remove Job(s) that have not been posted in agreement with the Posting Guidelines on the Site.
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2.5 No Obligation To Accept Answers or Solution or Enter Into A Service Contract.
The Client is not obliged to accept any answer or solution submitted and doing so is at the Client's sole discretion. We will automatically be notified of such acceptance via the Marketplace. The Client can accept more than one answer and in doing so; the Client will be charged or billed based on the number of answers accepted.
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2.6 Identity Verification.
We make no attempt to confirm, and do not confirm, any user's purported identity. You are responsible for determining the identity and suitability of others who you may contact by means of this Site. We do not endorse any persons who use or register for our Services, whether as Client or Tutor. We do not investigate any user's reputation, conduct, morality, criminal background, or verify the information that any user submits to the Site. We encourage you to communicate directly with potential Clients and Tutor through the tools available on the Site and to review your Clients’ and Tutors’ profile page for feedback from other users.
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2.7 Your Experience with Other Users.
You are solely responsible for your interactions with other users of our Services. We will not be responsible for any damage or harm resulting from your interactions with other users of our Services. We reserve the right, but have no obligation, to monitor interactions between you and other users of our Services and to take any other action in good faith to restrict access to or the availability of any material that we or another user of our Services may consider obscene, lewd, lascivious, filthy, violent, harassing or otherwise objectionable.
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3. User Conduct
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3.1 Site Usage, Rules and Restrictions
In connection with your use of our Services, you must act responsibly and exercise good judgment. You are totally responsible for any job, solution, answer or content you submitted on the site, and any harm resulting from the use of the Site or the content from the Site. Without limiting the foregoing, you will not: (a) violate any law either local, state, provincial, national, international or other law or regulation, or any order of a court; (b) infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights, including but not limited to using of picture, images or article without the rights to do so; (c) use our Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers; (d) use our Services in connection with the distribution of unsolicited commercial email (also known as "spam") or advertisements or collecting usernames and/or email addresses of other users by electronic mean, automated scripts or any other means ; (e) damage or interfere with our Services knowingly or unknowingly, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology; (f) register for use more than one user account or register for a user account on behalf of an individual other than yourself; (g) harass any other user of our Services or collect or store any information about any other; (h) impersonate any user, visitor, person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person, user, visitor or entity; (l) submit or post any Job with a false or misleading price or prize money, or submit or post any Job with a price that you do not intend to honor; (j) re-sell any Tutor’s work to any third party without express permission from the Tutor or Coursework Guru. (k) advice, campaign, encourage, promote, or assist any third party in doing any of the abovementioned. The foregoing is merely a list of cases or examples of prohibited act or conduct. We reserves the right to cancel a user account or take other appropriate actions in our sole discretion in response to any inappropriate conduct either listed above or not, or for no reason at all.
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3.2 Disputes With Other Users.
You are solely responsible for your interactions with other users of the Site. We reserve the right, but have no obligation, to monitor disputes between you and other users.
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4. Service Contract Between Client and Tutor.
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By requesting, buying or purchasing a solution, work or content from a Tutor or from the Site, Client has automatically entered into a Service Contract with the Tutor. Client and Tutor agree that all Service Contracts between User and any Client or Tutor regarding particular Jobs shall:
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(i) unless Client and Tutor expressly agree otherwise through our Marketplace, contain substantially the same terms and conditions provided in this Sections 4 ( also known as "Standard Terms") and that the Standard Terms will supersede all other Terms in such an agreement (ii) name us as an express third party beneficiary under the Service Contract; and (iii) make no representations or warranties on our behalf; (iv) tutor agrees to respond to all queries that a Client might have with regards to the solution, work or content that the Tutor submitted or posted on the Site. Notwithstanding the foregoing, to the extent that Client and Tutor agree to terms in their Service Contract different than the Standard Terms, nothing in such Service Contract will in any way limit or modify our rights.
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4.1 Prize Money.
Upon selection of any of the solutions submitted, Client agreed to pay the Tutor the price money.
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4.2 Outright Price.
A Tutor has the right to set his/her own outright price or fee, which mean, the cost or fee that a Client will pay to the Tutor in order to have sole right to the Tutor’s solution. Upon payment of the outright price, fee or cost, the Tutor agreed:
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(i) not to re-sell or submit the same or similar solution to any other Client(s); (ii) that the Client, in addition to us, has the sole right to the solution.
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5. Billing & Payment Of Service.
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The CourseworkGuru Billing and Payment Service (also known as "Payment Service") enables Tutor to withdraw money and enables Clients to make payments for services. When Client makes a payment through the Payment Service, We deducts the appropriate Service Fee due to Us. All User transactions pertaining to the Payment Service, including payments due, payment made and viewing balances are done on the Site in the User's account section (also known as 'My Account').
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5.1 Outside or Off-Site Transaction.
User, whether as a Client or Tutor, agrees to use our Marketplace or Site to enter into all contracts with other Users and shall take no steps to use any other means to enter into any contract or transact business with any other User outside the Site. Users shall receive or make payment through or via the Site only.
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5.2 Violations to Payment Service.
If a Client does not use the Payment Service to make all Payments to a Tutor as agreed above, then the Client agrees that he or she is liable and will pay to Us the greater of:
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(a) £350, or (b) the amount of all Service Fees that We would earn or would have earned on all Payments, and in either case plus interest at the rate of 17.5% per annum or the maximum rate permitted by applicable law, whichever is less, calculated from the date the Client first makes payment to the Tutor identified through the Site, plus any reasonable expenses incurred (including legal fees) related to investigating such breach and collecting such fees.
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5.3 Withdrawal of Funds.
To withdraw funds from your Account you must request such funds using any of the withdrawal methods available on the Site. Any such requests are reviewed and approved by our customer care team and will be subject to the conditions outlined here below and updated on the site from time to time. Notwithstanding any other provision of these Terms if CourseworkGuru determines in its sole discretion that a User has violated the conditions and restrictions of the Site or the Terms, CourseworkGuru has the right to refuse the Tutor Withdrawals. Tutors can withdraw funds from the account once such fund has reached a minimum threshold of £60. The maximum fund that can be withdrew from the account is £1000 at a time
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5.4 Mandatory Notification.
In the event of circumvention of the Payment Services, you as a Client, you agree to notify Us immediately if your Tutor solicits payment from you outside the Site. As a Tutor, you agree to notify Us immediately if your Client seeks to pay you outside the Site. If you are aware of a breach of the foregoing prohibitions, or any potential circumvention of the Payment Service, please do contact us by sending a confidential email to support@courseworkguru.com
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6. Risk of Purchase(s), Reversal(s), Chargeback(s) and Claim(s).
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You EXPRESSLY CONSENT that you are buying or purchasing solution(s), content(s) or work submitted on the Site at your own risk and you have taken necessary measures to ensure that you are satisfy with solution(s), content(s) or work(s) submitted in relation to the Job you posted or submitted on the Site prior to payment of due fee, prize money or outright price to the Tutor.
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6.1 No Refunds.
You expressly agree, consent and understand that CourseworkGuru will not offer any refund for solution bought or purchased on the Site whatsoever.
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6.2 Payment Dispute.
You expressly agree not to dispute payment(s) either directly with CourseworkGuru, your credit card issuer or provider, bank or other payment providers like PayPal, and that you will indemnify CourseworkGuru for any loss or charge-back claim pursed by you in addition to any legal costs incurred by CourseworkGuru in handling such claim.
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6.3 Circumstances In Which A Refund May Be Paid
Under NO circumstances will CourseworkGuru offer any refund for solution bought or purchased on the Site. A refund may be offer solely on CourseworkGuru discretion and such refund might be subject to our administrative fee.
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7. CourseworkGuru Fees
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7.1 Membership Fees.
Membership is absolutely FREE
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7.2 Service Fees
When Client pays a Tutor through the Site, CourseworkGuru deducts a fee (also known as 'Service Fee') that CourseworkGuru earns for creating, hosting, maintaining, and providing the Site, and for all services delivered by CourseworkGuru that are accessible through the Site. The Service Fee is just 30% of the total a Tutor earns.
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7.3 Payment Processing Fees
A fee may be incurred for withdrawing, ranging from free to 3.5%, depending on the method of withdrawal chosen by the Tutor.
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8. Term, Termination and Suspension
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8.1 Term
These Terms shall become effective as your contractual agreement upon your acceptance or your use of the Site, and shall continue until your Account is terminated by CourseworkGuru or you as provided for under the terms of this Section.
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8.2 Suspension
Without limiting CourseworkGuru‘s other remedies, we may issue a warning, or temporarily suspend, indefinitely suspend or terminate your Account or a Job, and refuse to provide any or all Site Services to you if: (a) you breach the letter or spirit of any terms and conditions of these Terms or polices and procedures we publish on our Site from time to time (b) we suspect or become aware that you have provided false or misleading information to us; or (c) we believe in our sole discretion that your actions may cause legal liability for you, our Users or for CourseworkGuru or are contrary to the interests of the Site or the CourseworkGuru user community. Once indefinitely suspended or terminated, you must not continue to use the Site under the same Account, a different Account, or re-register under a new Account.
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8.3 Violations
Notwithstanding the above, violations of these Terms may be prosecuted to the fullest extent of the law and may result in additional penalties and sanctions. Without limiting CourseworkGuru's other remedies, to the extent you engage in actions or activities which circumvent the CourseworkGuru Site or otherwise reduce fees owed CourseworkGuru under these Terms, you must pay CourseworkGuru for all fees owed to CourseworkGuru and reimburse CourseworkGuru for all losses and costs (including any and all CourseworkGuru employee time) and reasonable expenses (including legal fees) related to investigating such breach and collecting such fees.
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9. Confidential Information
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9.1 Confidentiality
To the extent a Client provides Confidential Information to a Tutor or to CourseworkGuru, the Tutor or CourseworkGuru (as the case may be) shall protect the secrecy of the Confidential Information with the same degree of care as it uses to protect its own confidential information, but in no event with less than due care, and shall not: A. disclose Confidential Information to anyone except, in the case of CourseworkGuru, to any Tutor engaged by Client for the Job; and B. use the Confidential Information, except as necessary for the performance of Services for the relevant Job (including, without limitation, the storage or transmission of Confidential Information on or through CourseworkGuru Site by the Tutor).
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10. Warranty Disclaimer
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10.1
We (and our parent, subsidiaries, affiliates, officers, directors, agents and employees) do not guarantee continuous, uninterrupted or secure access to the Marketplace, and you acknowledge and agree that operation of the Marketplace may be interfered with by numerous factors outside of our control. The Marketplace is provided "as is" and as and when available, and to the extent permissible by law except as expressly stated otherwise in these Terms we exclude all implied warranties, conditions or other terms, whether implied by statute or otherwise, including without limitation any terms as to skill and care or timeliness of performance.
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10.2
We do not control any Information provided by other users that is made available in the Marketplace. You may find the Information to be harmful, inaccurate or deceptive. Your use of the Information and the Marketplace is at your sole risk.
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10.3
We makes no warranties or representations about the accuracy or completeness of the site's content, the content of any site linked to the site, contributions, information or any other items or materials on the site or linked to by the site. We assumes no liability or responsibility for any a) errors, mistakes or inaccuracies of content and materials, (b) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the site or the services, (c) any unauthorized access to or use of student of fortune’s secure servers and/or any and all personal information stored therein, (d) any interruption or cessation of transmission to or from the site, (e) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through the site by any third party, and/or (f) any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the Site.
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10.4
Where you use the Marketplace as a Tutor you expressly make the following warranties: i. You have all necessary professional indemnity, employer's liability insurance and all other required insurances to the full extent required for the Services you provide; ii. You are in good standing, and are not in violation of any applicable laws, rules or regulations; iii. You have made and will make all required legal and tax filings, including VAT, PAYE and any other relevant requirements. If relevant, you shall file all necessary legal documentation relating to your self-employment required by any governmental body, and pay, in a timely manner, all applicable taxes including without limitation PAYE and National Insurance.
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