This agreement binds you or the company you represent ("you," or "your") to the terms and conditions set forth herein in connection with your use Homeworkjoy.com ("our", "we", "company" Homeworkjoy.com or "HWJ") software, services or other offerings on our site (collectively, our "products"). By using any of the company products or clicking on the "signup" button, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, click on the "cancel" button and do not use the company products. Company's acceptance is expressly conditioned upon your assent to all the terms and conditions of this agreement, to the exclusion of all other terms. If these terms and conditions are considered an offer by company, acceptance is expressly limited to these terms.
2). Users of the Site
Homeworkjoy.com is an on-line tutoring marketplace where you can get homework help and online tutoring and tutors can get paid their expertise There are three categories of persons using the Site: Visitors, who merely view the Site without posting any content, Purchasers (the people asking questions and purchasing answers to questions posted on the Site, called "Query Transactions") and Contributors, the people answering the questions posed by Purchasers and selling answers to Purchasers (which is the other side of a Query Transaction). Any user or Visitor can be either a Purchaser or a Contributor or both.
Potential Purchasers may simply post a question they want answered on the site. Homeworkjoy.com will make these questions available to the Contributors. Contributors may post answers to these questions, called tutorials, and Purchasers, in turn, may use their PayPal or credit card to purchase them.
Visitors, Purchasers, users and Contributors will be collectively referred to as "you" or "your" in these Terms.
4). Rules Governing Public Contributions and Interactive Features:
5. Grant of License to Us and Purchasers for Contributions.
The contribution to the site by you means that you are allowing the Homeworkjoy.com a continuous, non-exclusive, completely paid, free from royalty, sub licensable, all around the world license to exercise, alter and create works and can also display publicly. Homeworkjoy.com can also display the content on the site for the purpose of selling to the parties.
6. Use and Protection of Username and Password.
The user would be accountable for the protection of his/her username and password. The person who uses the account would be authorized for all the activities of that account;
7. Homeworkjoy's Intellectual Property Rights.
The trademarks, logos and service marks that are available on the site are solely owned by Homeworkjoy.com Any download or Material copied for your use must be retained by you. By using the site you agree that you will not disable or alter any security related features of the site or that features that limits your enforcements. Further you need to make sure that you do not use the site other than through Homeworkjoy.com interface unless it is specifically mentioned in our agreement.
9. Homeworkjoy's Management of the Site/User Misconduct.
No Responsibility for Contributions Posted on the Site
The site has no responsibility regarding the accuracy and effectiveness of the tutorial posted by the user and any other use of that content by any other user would be his responsibility. The site has full authority to remove the content without any prior notice. The tutorial would only to assist you.
Links and Search Results.
The site has been designed in such a fashion that will help the user in linking to the third part with the help of internet. HWJ is not responsible with the operation of the Third Party Sites and nor has the power to review and thus, cannot review any of the material, goods or services that is being provided by the Third Party Sites. The links to these sites does not imply any warrant that has been endorsed by HWJ to the Third Party. Any goods or services accessed by the users from the Third party site may be solely protected by them and they bear the right to copyright and other intellectual laws. By using the HWJ site to make a link to the another site, the user has to keep in mind that HWJ is not responsible for any damages or losses, that the user can come across while using the Third Party Site.
The terms mentioned does not apply with the third party site. The user while using the third party site that he/she has come across through the link generated as a search result on the Microsoft site, it is the liability of the user to go through the terms and policies and shall also review the privacy policies and all other documents, regulations and policies before operating the third party sites.
The site laid full authority to terminate the account of any user who continuously found malfunctioning. If you found any copyright infringement, you may send a notice to the site.
The site has the right to change the terms and conditions of the use of the site anytime. The registered user of the site would be asked to accept the new terms of agreement when they log on to the site next time. Therefore, it is required that you continuously monitor the site for current information access.
Term, Termination and Survival.
The terms and policies mentioned on the site will be applicable on the user while operating on the site. The user can terminate its participation from the site at any time, for any reason. After or upon the time of termination of the account all the transactions active or pending will be cancelled and the user will not get a back-up of the material contained in the account. If HWJ removes any content of the user from the site for assertion of breach or violation, the user will no longer be able to make any further transaction with regard to that content. The user will also have to refund any fees that have been earned from such content on the site. The user will remain responsible for all the obligations in respect with the account, even after the account is terminated. If the user fails to access the account for a long period of one year, the account will be terminated automatically. If the user delete the account, the contribution made by the user on the site will be retained and the further revenues generated from the content will be collected by Homeworkjoy. Even after the participation and usage of the user is terminated, the Terms will be effective under the following sections: 1-7, 9-12, 14, 15.3, 16 and 18-27.
The fees for use of the Site are posted at fees page and will be assessed in U.S. Dollars. Your account and all transactions are made and displayed in U.S. dollars.
Risk of Reversals, Chargebacks and Claims.
a. Purchasers. Purchasers may not chargeback any fees they pay for a Contribution on the Site. If you do a chargeback, Homeworkjoy will: (i) immediately suspend your account; and (ii) charge you for the cost of such chargeback plus the applicable fees posted on the site. You agree that we may recoup such fees from you, and you agree to directly pay Homeworkjoy such fees. If you request a chargeback, the credit card issuer, not Homeworkjoy, will determine whether the chargeback is granted.
b. Sellers. If Homeworkjoy is unable to recoup the cost of a chargeback from a Purchaser for a Contribution that you posted, you agree that we may recoup this charge from you, and you agree to either: (i) directly pay Homeworkjoy.com these fees; or (ii) permit http://www.homeworkjoy.com to debit these fees from future fees you earn on the Site or (iii) pay fees or charges from sent payment.
No Off-Site Transactions
Contributors receive payment from Purchaser's payments via the Site only. http://www.homeworkjoy.com does not condone or in any way participate or become a party to any off-site transactions between users of the Site. If HWJ finds offsite transaction attempt or offsite transaction then HWJ can terminate the account or charge $150 as a penalty or frozen account for unlimited time or take all mentioned actions together. If account is terminated then site will not remove content from site and can sell content to users and will keep earning of content.
If the users apply for the termination of his user id, the site would not remove all the posted tutorials from the site and you would not be able to receive any fees of the contributions completed after those transactions. The site reserves all rights to withhold funds from: (a) unlawful accounts (b) accounts closed after they are terminated being dormant for three years or (c) the accounts which are in dispute and no conclusion has been reached after six months of termination.
The site would not provide any refunds for any type of Query transactions. The risk would be solely of the user who would be communicating to the seller.
Disputes between Users
For transactions made by two parties, the parties would be sole responsible and the site would not be held liable for any such matter.
Resolution of Disputes
It is advisable that disputes should be resolved by mutual understanding and arbitrations method. All subjects to Melbourne, Australia, jurisdiction.
All contributions or any other materials or items provided through the site are provided "as is" and "as available", without warranty or conditions of any kind. By operating the site, Homeworkjoy.com does not represent or imply that it endorses any contributions or any other materials or items available on or linked to by the site, including without limitation, content hosted on third party sites, or Homeworkjoy.com believes contributions or any other materials or items to be accurate, useful or non-harmful. Homeworkjoy.com cannot guarantee and does not promise any specific results from use of the site. No advice or information, whether oral or written, obtained by you from Homeworkjoy.com or the site shall create any warranty not expressly stated in these terms. You agree that your use of the site and the services will be at your sole risk. To the fullest extent permitted by law Homeworkjoy.com and each of its advertisers, licensors, suppliers, officers, directors, investors, employees, agents, service providers and other contractors disclaim all warranties, express or implied in connection with the site and your use thereof.
Homeworkjoy.com 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. Student of fortune 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 Homeworkjoy'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.
Some states or jurisdictions do not allow the limitation or exclusion of certain warranties, or the exclusion or limitation of certain damages. If you reside in one of these states or jurisdictions, the above limitations or exclusions may not apply to you.
Limitation on Liability
In no event shall Homeworkjoy.com or any of its employees, agents, service providers advertisers, licensors, suppliers, officers, directors, investors and other contractors be liable to you or any third party for any indirect, consequential, incidental, special or punitive damages, including lost profit damages arising from your use of the site, contributions, materials or any other content therein. Notwithstanding anything to the contrary contained in these terms, Homeworkjoy's liability to you in respect of any loss or damage suffered by you and arising out of or in connection with these terms, whether in contract, tort or for breach of statutory duty or in any other way shall not exceed the amount paid by you to Homeworkjoy.com.
You agree to indemnify and hold Homeworkjoy.com, our subsidiaries, affiliates, and licensors and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Site, Content or Materials in violation of these Terms and/or arising from a breach of these Terms and/or any breach of your representations and warranties set forth above. THIS SECTION SHALL SURVIVE ANY EXPIRATION OR TERMINATION OF YOUR RELATIONSHIP WITH Homeworkjoy.com.
You agree that any violation or threatened violation of Section 4(h) may cause irreparable injury to the other party, entitling the other party to seek injunctive relief in addition to all legal remedies. As a reasonable estimation of harm resulting from a breach of Section 4(h), you agree to pay Homeworkjoy.com $25 for each unsolicited email or other unsolicited communication you send through the Site.
Not a Fiduciary
The users of the site can upload their financial information like that of credit card and can also use the site for making financial transactions. The site would not undertake any such activity as related to take, hold or transfer money. The site would charge the use the transaction fee and all other would be between the purchaser and the seller. The user would acknowledge the fact that site is not any bank or financial institution. The site has not acting as a fiduciary or financial agent.