Terms and Conditions
- The website www.editage.com.br (“Site”) is owned and operated by Cactus Communications Private Limited ("CACTUS"), a company incorporated and existing in accordance with the provisions of the Indian Companies Act, 1956 (as amended from time to time) and other applicable laws in India and engaged in the business of providing editing, transcription, translation, medical writing and communication services to individual and institutional clients globally. Any references to "we," "us,", "our" and “CACTUS” refers to CACTUS and its affiliate companies.
- When you access, browse or use this Site, you accept, without limitation or qualification, the below mentioned the 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, Cactus grants you a non-exclusive, non-transferable, limited right to enter, view and use this Site. Your continued use and access of this Site indicates that you have read, understood and accepted the T&Cs. If you do not want to be bound by the T&Cs, you agree to immediately discontinue your use of this Site.
- 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 Cactus. You agree to follow all instructions on this Site limiting the way you may use the Content.
- CACTUS 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 the prior written consent of CACTUS. 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 CACTUS prior written authorization is expressly prohibited.
- Trademarks, logos, and service marks displayed on this Site are the sole and exclusive property of CACTUS or its affiliates, irrespective of whether or not they have been registered in the names of CACTUS or its affiliates. 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 CACTUS 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. CACTUS hereby reserves 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 which is knowingly false and/or defamatory, grossly harmful, harassing, blasphemous, inaccurate, abusive, obscene, pornographic, pedophilic, libelous, 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 Cactus’ reputation or goodwill, or otherwise unlawful in any manner;
- Post information that harms minors;
- stalk, or otherwise violate the legal rights of others 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;
- Post information that threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offense or is insulting any other nation;
- download any file Posted by another user that you know, or reasonably should know, cannot be legally distributed in such manner;
- Post any information that deceives or misleads the addressee about the origin of such messages or impersonates another person or communicates any information which is grossly offensive or menacing in nature;
- violate any applicable laws or regulations for the time being in force in India; 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 which 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 Of CACTUS
- You hereby acknowledge and agree that CACTUS reserves 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;
- deny provision of any/all of its services to particular users without any prior notice/explanation in order to protect the interests of the CACTUS and/or other users of the Site, as determined in the sole discretion of CACTUS;
- reject a user from registering on the Site without assigning any reason thereof;
- suspend/cancel/deactivate any user’s account/ registration for any reason which CACTUS shall deem fit, at its sole discretion; or
- Delete, edit or move any Content Posted on the Site for any reason whatsoever.
- For the purposes of these T&Cs, “Personal Information” shall mean any information that can be linked to a specific individual including without limitation, information such as name, address, telephone number, e-mail address and credit card details or other financial information which, either directly or indirectly, in combination with other information available or likely to be available, is capable of identifying such person.
- You hereby expressly agree and consent to the collection of your Personal Information by CACTUS. You hereby agree that CACTUS or its agents, may collect, maintain and process Personal Information about you, your usage of the Site and related information, that is gathered periodically to facilitate your operation of the Site and to verify your compliance with the T&Cs.
Collection and Maintenance of Personal Information
- As a part of the registration process, we may need to obtain certain Personal Information from you. Personal Information is collected only when you choose to voluntarily provide us with this information. The main purpose of collecting such Personal Information is to process a service, partnership, or employment request made by you. When you submit such Personal Information to us, you represent that you have the lawful right to submit the Personal Information and agree that you will not submit any information unless you are legally entitled to do so and that such Personal Information is true, complete and accurate. You may not use a false email address or other identifying information, to impersonate any person or entity, or otherwise mislead as to the origin of any content.
- You acknowledge that the Personal Information provided by you may be copied, used, and stored by the relevant CACTUS representatives in accordance with local data privacy laws but will not be disclosed to third parties who are not involved in processing your request. However, CACTUS reserves the right to retain Personal Information solely to resolve potential disputes and to disclose the Personal Information (i) as mandated by law; (ii) in connection with a court action brought by a third party against CACTUS or any of its agents, employees, officers, directors, or service providers; or (iii) in the good-faith belief that such action is necessary to protect and defend the rights, property, or safety of CACTUS, its users, or the public.
- You expressly acknowledge and hereby agree that CACTUS may be required to intercept, disclose, monitor and/or store your Personal Information: (a) by law; (b) for the purpose of effectively managing the Site; (c) to secure the systems of the Site; or (d) to enforce CACTUS’srights, and CACTUS will do so in the manner as prescribed by law. You hereby agree that such interception, disclosure, monitoring and storage may take place without your knowledge and CACTUS will not be liable to you or any third party for any damages howsoever arising from such interception, disclosure, monitoring and storage. To ensure that the security and integrity of the Site is safeguarded, CACTUS may monitor your Personal Information. This monitoring may include (without limitation) the filtering of incoming and outgoing electronic data messages to identify, limit and/or prevent the transmission of spam, viruses and/or unlawful, defamatory, obscene or otherwise undesirable material or content. CACTUS may under certain circumstances engage a third party service provider for the purpose of managing the technical operations involved in hosting the Site. To the extent that it may be necessary, and solely for the purposes of providing the service available on the Site to you, you agree that we may disclose to such third party any of your personal information that may be necessary for the procurement of services from the third party.
- You note that by using our Site and/or placing any orders for services;
- You agree that if you disclose your Personal Information to us, we may create a database record about you;
- If you register on our Site, make orders, download any materials or conduct any other transaction, you agree for us to collect any Personal Information necessary to provide you with the service you wish to avail form us;
- You agree that we can contact you with information about products and services which may be of interest to you (unless you have stated you do not wish to receive these communications); and
- You further acknowledge that by accessing this Site, certain information about you, such as your internet protocol (IP) addresses, your navigation through the Site, the systems and programs used by you and the time spent by you, along with other similar information, may be stored on our servers. Such stored information may not specifically identify you. Please be informed that the same may be used by CACTUS for Site traffic analysis or for such other purposes as it may deem appropriate.
- Your Personal Information may be used by CACTUS for statistical and/or other purposes. CACTUS hereby undertakes that it shall not disclose, sell, share or in any way reveal any Personal Information you submit with us to any other third party, without obtaining your prior written consent. Your registered email address will be automatically subscribed to our weekly newsletter which will contain information on industry updates, author resources, upcoming webinars, latest offers and new services by Cactus. If at any time in future, you find the content not so relevant, you may choose to unsubscribe from the list. While no Site can guarantee security, we have implemented appropriate administrative, technical, and physical security procedures to help protect the Personal Information you provide to us. To prevent unauthorized access, maintain data accuracy, and ensure correct use of information, we will employ reasonable and current internet security methods and technologies.
- Security Procedures – CACTUS has put in place the following security practices and procedures to protect your Personal Information:
- All our data security processes are ISO 9001:2008 certified and our information technology security management systems are ISO/IEC 27000:2005-certified.
- All our employees and contractors have signed confidentiality agreements where they have undertaken that they will not make any Personal Information available to anyone, unless authorized in writing by the user.
- Personal Information will not be made available to any third party, except as provided herein or by obtaining your prior written consent. All documents submitted are managed through a secure online job management system; the documents that are sent to us can only be viewed by service professionals working on your assignment.
Payment related Personal Information
- The Site uses Go Daddy Secure Certificate Authority - G2 when accepting payment related Personal Information, to ensure that your payment related Personal Information is secure. For further details on security and encryption, please visit GoDaddy website at [https://certs.godaddy.com/repository].
- In order to protect your credit card information, all online transactions are conducted using a secure AES_256_CBC, with HMAC-SHA1 for message authentication and ECDHE_RSA as the key exchange mechanism. Encryption ensures that no information is accessible to unknown parties. CACTUS does not store your credit card information, thereby eliminating the possibility of fraudulent activities by CACTUS.
- All payment related information, including but not limited to information relating to Credit Card/Debit Card or any other electronic payment instrument in whatsoever form, is not stored by CACTUS and is processed by a third party payment gateway appointed by CACTUS in this behalf.
- The payment information is entered by You in our Site is processed and fulfilled by a third-party payment gateway and is passed on through an Application Programming Interface (API) and is not handled by CACTUS in any manner whatsoever. You agree to pay all charges over and above the amounts charged by CACTUS that may be imposed by your bank/ electronic payment instrument provider/ credit card company as a result of authorizing such payment through a gateway. You also agree to pay all taxes that may be imposed by your local/ provincial/ state/national government.
- We do not charge any amount to your Credit Card/Debit /electronic payment instrument other than what is stated in your invoice. Any charges over and above such amounts are not attributable to us and are attributable to your bank/credit card company/electronic payment instrument provider or local/provincial/state/ national tax authorities.
- We do not make any retrospective charges to your Debit/Credit Card/electronic payment instrument unless there are retrospective taxes imposed by your local/provincial/state/national government or your central bank.
- You acknowledge that all risk of making any payment to CACTUS through the third-party payment gateway and you accordingly absolve CACTUS of all liability that may arise out of any loss suffered by you due to any failed or fraudulent transaction that may occur while you attempt to make any payment through your Credit Card/Debit /electronic payment instrument on the Site.
- You agree to fulfill and abide by all local rules, laws and regulations that may require you to file any return or report with any Government taxation authorities or with the central bank of your country of residence relating to foreign currency transactions. CACTUS does not fulfill your compliance requirements for you in this regard in any manner whatsoever.You acknowledge the risk of making the payment with a Payment Gateway. In case of any payment related dispute raised by you on your Credit/Debit Card, you shall get in touch with your Credit Card issuing Bank or the payment gateway directly. In case of any fraud activity is detected on your card, you agree to absolve CACTUS from any such risk arising from the fraudulent transaction.
BREACH OF T&CS
- CACTUS will determine, in its sole discretion, whether there has been a breach of these T&Cs through your use of the Site. When a breach of these T&Cs has occurred, CACTUS may take all or any of the following actions or any such action as it deems 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 CACTUS 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.
- 0CACTUS hereby expressly disclaims all liability for any and all actions taken by it in response to a breach of the T&Cs committed by you.
- You hereby agree to indemnify, defend, and hold harmless CACTUS and its 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.
- CACTUS neither warrants nor makes any representations regarding the quality, accuracy or completeness of any Content on the Site. In no event shall CACTUS or its 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 CACTUS control; (f) any interruption or delay in provisions of any services or access to this Site, due to any force majeure event beyond CACTUS 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
- CACTUS 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.
- CACTUS reserves the right, at its 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 this T&Cs signifies your acceptance of the updated T&Cs.
Disclaimers And Limitation Of Liability
- While CACTUS will use reasonable efforts to provide reliable Content through this Site, CACTUS does 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. CACTUS reserves the right to modify the Content presented on this Site at any time, without notice to you.
- Further, although CACTUS will attempt to keep the Site free from all objectionable messages, you agree and acknowledge that it is impossible for CACTUS to review all Content on the Site. All User Content express the views of the respective user who Posted such content and not those of CACTUS, and any errors or omissions in such User Content is attributable to the respective user. Any user who is of the opinion that specific content on the Site is objectionable, is encouraged to contact CACTUS immediately by sending an email to firstname.lastname@example.org. Notwithstanding the foregoing, CACTUS shall not be obliged to remove such objectionable content from the Site.
- CACTUS does not vouch for or endorse or warrant the accuracy, completeness or usefulness of any Content on the Site. You understand and agree that any Content downloaded or otherwise obtained by you from the Site is done entirely at your own discretion and risk and you will be solely responsible for any damage to your computer systems or loss of data that results from the download of such Content from the Site. You hereby acknowledge and agree that CACTUS, its employees, directors, shareholders or representatives will not be held responsible for any Content on the Site. You hereby agree to hold harmless CACTUS, its employees, directors, shareholders or representatives against any and all claims related to the opinions expressed by users of the Site.
- The Site may contain links to other websites ("Embedded Sites"). The Embedded Sites are not under the control of CACTUS and CACTUS is 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. CACTUS is not responsible for any form of transmission, whatsoever, received by you from any Embedded Site. CACTUS is 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 CACTUS 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 CACTUS 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 (send in code). It is expressly clarified that CACTUS does not bear any additional responsibility towards you on account your sending a message to CACTUS.
- For the avoidance of doubt, it is clarified that except as otherwise expressly provided in these T&Cs, CACTUS 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.
- Should you have any grievance or complaints in relation to your use of the Site, please contact CACTUS grievance officer, at email@example.com, who shall respond to your grievance within 14 days.
Governing Law/Dispute Resolution
- If any dispute arises between you and CACTUS 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 Mumbai. The arbitration proceedings shall be in English language.
- The said arbitration proceedings shall be governed and construed in accordance with the Arbitration and Conciliation Act, 1996 and modifications thereof as in force at the relevant time.
- These terms and conditions are governed by and shall be construed in accordance with the laws of the Republic of 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, Maharashtra, India.