Terms of use
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General
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This website https://editageservices.degruyterbrill.com is
owned and operated by Cactus Communications Group,. Any
references to 'we,' 'us,' 'our,' 'I' refer to Cactus
Communications Group. The Services are wholly offered and
provided by Cactus Communications.
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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 and Conditions” or “T&Cs”). As long as you
comply with the Terms and Conditions, 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
T&Cs, you agree to immediately discontinue your use of
this Site.
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In addition to these Terms of Use, your use of our website is
also governed by the following policies:
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The
Privacy policy
governs our use of your personal information.
It sets out the types of personal information we collect,
the reasons we collect it for, 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.
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Our
cookies policy
governs our 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, such
as how to change your preferences to accept or reject
cookies.
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By accessing and using our website, you agree to be bound
by the terms and conditions contained in these Terms of
Use, you consent to our processing of your personal
information in accordance with our privacy policy, and
your consent to our use of cookies in accordance with our
cookies policy.
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If you do not consent to the practices set out in these
Terms of Use, our privacy policy and/or our cookies
policy, you must not use our website.
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Purpose of This Site and the Content Therein
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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
the Services through the Site and the same is accepted in
writing by Cactus Communications.
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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.
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Fees and Invoicing
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We will issue you a valid tax invoice in respect of each
service. We will notify you as soon as the deliverable is
ready for download. You will be required to pay all fees
before downloading of the deliverable. Except as specified
herein or in the Order Form (i) fees are based on the Services
requested / purchased and not actual usage, (ii) payment
obligations are non-cancellable and fees are non-refundable.
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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.
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You are responsible for providing complete and accurate
billing and contact information to us and notifying us of any
changes to such information
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We will re-issue any invoice if any error is later discovered.
If you have overpaid as a result of a billing error, your
account will be credited 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.
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Billing Dispute: You may dispute an amount invoiced by us but
only if you do so in accordance with this clause:
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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'
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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 1
month of the date of the relevant invoice.
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On receiving 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, you will pay any outstanding
amount within five Business Days.
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Refunds/Cancellation Policy
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All electronically issued services offer quality assurance. If
you are not 100% satisfied with the quality, simply write to
us within reasonable time asking for rework of the service
rendered to you (refer to the quality guarantee on our
business website). If the quality delivered fell short of the
service promise, we will rework the assignment for free. In
case of delay in delivering the assignment within the
committed time, we will refund 100% of its fee.
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Clients agree to resolve any questions, concerns, or disputes
regarding the quality of delivered services by submitting a
written request, either by email or the online account. This
request must specifically outline all questions and concerns
about possible editorial errors or omissions so that our
experts may clearly address, respond to, and/or correct any
areas of concern on the client’s behalf as quickly and
professionally as possible. Rework requests are applicable
only to the original text and will be carried out according to
the assignment’s original written instructions.
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No cancellation requests will be accepted for confirmed
orders.
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Intellectual Property
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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 us. You agree to follow all instructions
on this Site limiting the way you may use the Content.
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We reserve 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.
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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.
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Use of The Site
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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.
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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:
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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;
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Post information that harms minors;
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stalk, or otherwise violate the legal rights of other
users;
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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;
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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;
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conduct or forward surveys, contests, pyramid schemes,
or chain letters on the Site;
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Post information that threatens the unity, integrity,
defence, security, sovereignty, friendly relations
with foreign states, or public order or causes
incitement to the commission of any cognisable offence
or prevents investigation of any offense or is
insulting any other nation;
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download any file Posted by another user that you
know, or reasonably should know, cannot be legally
distributed in such a manner;
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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;
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violate any applicable laws or regulations for the
time being in force; or
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make the Site available over a network where it could
be used by multiple devices or multiple users at the
same time.
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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:
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In a way that breaches any applicable local, national,
or international law or regulation;
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In a way that is unlawful or fraudulent, or has any
unlawful or fraudulent purpose or effect; or
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reject a user from registering on the Site without
assigning any reason thereof;
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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.
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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.
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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.
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Regulatory Powers
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You hereby acknowledge and agree that we reserve the right to:
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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;
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reject a user from registering on the Site without
assigning any reason thereof;
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suspend/cancel/deactivate any user’s account/registration
for any reason that we shall deem fit, or
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delete, edit, or move any Content Posted on the Site for
any reason whatsoever.
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Use your name, logo or any other trademark for marketing
and promotional activities if you’ve availed any
service(s) from our website. Such usage shall be in a
manner that does not derogate your rights in your
trademarks, names and logos by us.
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Use your data to analyze, develop and build services,
tools and systems for customers benefits.
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Confidentiality
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We shall maintain complete confidentiality of user data,
including manuscript uploaded on this platform. All vendors
are contractually obliged to maintain strict confidentiality
of user data and have agreed not to disclose such confidential
information to unauthorised. Access to the user data is
limited to the person who is in charge or required to work on
the document. We also assure compliance with applicable laws
concerning the protection of personal information and promise
to handle Customer's personal information with great care.
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The information collected from the users by us shall be held
and maintained in accordance with our 'Privacy Policy'.
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BREACH OF T&Cs
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When a breach of these T&Cs has occurred, we may take all
or any of the following actions or any such action as it deems
appropriate, including but not limited to the following:
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Immediate, temporary, or permanent withdrawal of your
right to use the Site;
- Issuance of a warning to you;
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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
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Disclosure of such information to law enforcement
authorities as is reasonably necessary.
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We hereby expressly disclaim all liability for any and all
actions taken by us in response to a breach of the T&Cs
committed by you.
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Indemnity
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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.
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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.
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Changes to the Site and These Terms
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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.
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We reserve the right, at our sole discretion, to change,
modify, add, or remove any portion of these T&Cs, 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 T&Cs. Your
continued use of the Site after any changes to these T&Cs
signifies your acceptance of the updated T&Cs.
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Age Restrictions
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Our website is not intended for use by individuals under the
age of 18 for any products or services available on or via the
websites.
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We do not knowingly or intentionally process the personal
information of any individual under the age of 18.
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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.
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Disclaimers and Limitation of Liability
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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.
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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
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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.
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For the avoidance of doubt, it is clarified that except as
otherwise expressly provided in these T&Cs, we make 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.
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Grievance Redressal
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Should you have any grievance or complaints in relation to
your use of the Site, please contact us, at privacy@cactusglobal.com, who shall respond to your grievance within 14 days.
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Governing Law/Dispute Resolution
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If any dispute arises between you and us in respect of your
use of the Site or thereafter, in connection with and arising
from your use or attempt to use this Site, such dispute shall
be solely resolved by reference to arbitration. The place of
arbitration shall be India. The arbitration proceedings shall
be in English language.
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These terms and conditions are governed by and shall be
construed in accordance with the laws of The India and any
dispute shall, subject to the arbitration clause specified
above, exclusively be subject to the jurisdiction of the
appropriate Courts situated at Mumbai.