Terms of Services
Welcome to Editana.com (the ‘Site’). Below we disclose the Terms and Conditions (the ‘Terms’) relating to your use of our Site. These Terms are binding on all users of the Site. In addition, there may be other Terms and Conditions binding on users.
The Site, including access to and use of the Site, is subject to these Terms and all applicable laws and regulations. By accessing or using any part of the Site, you agree to be bound by these Terms. We may revise these Terms from time to time. If we do so, we will update this Web page. Any continued use of the Site following a change to the Terms means that you agree to be bound by those new and updated Terms. If you find that you do not agree to be bound by any change in the Terms, we would ask you to discontinue your use of the Site. We may also change or edit the Site itself on occasion.
At Editana, we respect and value the trust placed in us by you — the client. However, if we receive work from you that we deem inappropriate, we may take action as we see fit. We will refuse work from you where that work contains material that breaches the laws of any country, contains a threat of criminal or threatening behaviour, or is insensitive or inappropriate.
Circumstances in Which We May Refuse Work
There are two main situations in which we will refuse to work on your document:
- 1. We have established a reliable system by which to count the words in your document, and only charge you according to this word count. However, this system is vulnerable to dishonesty: for example, there are various means by which you may artificially reduce the word count.
- 2. We will not accept work that is illegal, threatening towards an identified individual or group of people, related to a criminal enterprise, or to a planned terrorist attack, relates to child pornography or pornography of any kind, or otherwise contains material that is inappropriate.
If one of our editors finds any of the above material in your document, they will immediately cancel the document. You will not receive an edited document, and our administrative staff will be notified. You will receive an email explaining why the editor refused the work. You will also receive a full refund. If you think that the editor has made an error, you are welcome to reupload your document, as well as sending an email to [email protected] In serious instances, you may be blocked from uploading future documents.
We are dedicated to providing you with market-leading prices, and we have worked hard to develop a means through which to provide you with an accurate cost estimate. However, we reserve the right to modify our prices at any time and for any reason, without providing any user with notice of this modification.
We pride ourselves on the market-leading speed with which we are able to return documents to our clients. We have a number of systems in place, in addition to our experienced editorial team, to ensure that your work is completed to your deadline. However, occasionally situations arise beyond our control that mean we are unable to complete work on time.
We do not accept liability, nor will we provide a refund, in the instance that work is not completed on time for any of the following reasons:
- (i) For reasons beyond our control, including actions taken by third parties and so called acts of God (for example, natural disasters or extreme weather phenomena), that render our system or server offline or otherwise inaccessible;
- (ii) For reasons beyond our control, including actions taken by third parties and so called acts of God (for example, natural disasters or extreme weather phenomena), that for any reason delete or modify documents or files that have been provided to our site;
- (iii) For reasons beyond the control of our editors, including actions taken by third parties and so called acts of God (for example, natural disasters or extreme weather phenomena), that render our editor unable to receive, edit or complete work on time.
If any of the above situations occur, we will endeavour to provide a 10% good faith refund to any affected clients. However, we cannot guarantee that this will always be possible.
Communicating with Us
Any information contained on the publically accessible areas of the Site or sent via email (for example, any remarks, suggestions, ideas, questions or comments) is the exclusive property of Editana and is not confidential. We cannot guarantee the confidentiality of any information, including personal information, that is sent over the internet. This includes any information of a personal nature that you send to us. Unless stated otherwise, we reserve the right to use any information sent to us for any purpose, including the reproduction, publication, disclosure, broadcasting, posting or compilation of that information. We also reserve the right to use such information without compensating the person who sent it. If a person sends us information, they acknowledge the originality of that information, including accepting responsibility for its accuracy, appropriateness and conformity with all relevant laws (for example, laws regarding intellectual property).
You must not use another user’s information (personal or otherwise) for any commercial purpose or financial gain. This includes, for example, use in mass marketing. Any such misuse of another user’s information in this manner will be seen as a violation of these Terms. We intend the Site to be used by you in a personal capacity only. Any commercial use of the Site is prohibited without the express consent in writing of Editana. You agree that you will not use the Site for the purposes of chain emails, junk emails, ‘spamming’, solicitations or any kind of bulk communications of any type. This includes communicating information about the Site’s users to any person, without the specific permission of the user or users.
By using the Site, you represent and warrant to Editana that nothing you submit to the Site will contain any content that may be described as any of the following:
- (i) harassing, libellous, defamatory, abusive, threatening, harmful, vulgar, obscene, profane, sexually oriented, racially offensive, inaccurate, or otherwise objectionable;
- (ii) in violation of any law, rule or regulation;
- (iii) infringing, misappropriating or otherwise violating any copyright, trademark or other intellectual property right, right of privacy, right of publicity or any other right of any entity or person;
- (iv) encouraging conduct that could constitute a criminal offence, giving rise to civil liability or otherwise violating any applicable local, state, national or international law or regulation;
- (v) advertising or otherwise soliciting funds or is a solicitation for goods or services; or
- (vi) encouraging the use of controlled substances.
By using the Site, you agree not to impersonate any person (including any entity, such as a company), including people or entities that are fictitious. This also includes impersonating an employee or consultant of Editana, or Editana itself. You also agree that in your use of the Site you will not use a username that is inappropriate. We reserve the right to make our own determinations as to the appropriateness or otherwise of any user’s username.
By using the Site, you agree and acknowledge that you are prohibited from uploading, posting, reproducing or distributing any content that is protected by the copyright or other proprietary right of a third party on the Site, unless you have the permission of the applicable rights holder. Any content protected by copyright or other proprietary right that is distributed with the permission of the rights holder must also contain a notice of the right to make such a distribution. The distribution of copyrighted or other protected material without authorisation is illegal, and may result in personal liability or criminal prosecution to the person making such a distribution.
We want to ensure that the Site is free from copyright infringement. If you have reason to believe that your own copyrighted (or otherwise protected) work has been used on the Site without the relevant permission, please send a written notification of the claimed infringement to us with the following information:
- (i) an electronic or physical signature of the copyright holder, or any person appropriately authorised to act as the agent of the copyright holder;
- (ii) a description of the work, the copyright of which you believe is being infringed;
- (iii) a description of where that work is located on the Site;
- (iv) your telephone number, address and email address;
- (v) a statement in which you make clear you have, in good faith, the belief that the use of the copyrighted work has not been authorised by the copyright owner or their agent or any relevant law; and
- (vi) a statement made by you, under the threat of perjury, that the information provided in your statement to Editana is accurate to your best ability and that you are the copyright holder or are authorised to act on the behalf of the copyright holder.
When we receive any notice claiming copyright infringement that contains all of the information specified above, we will make all reasonable endeavours to remove the allegedly infringing material from the Site. We do not make ourselves liable to any user of the Site for the removal of any such material.
We do not provide any warranty of any kind in relation to the Site, including any and all services offered on or through the Site and the entire contents and software of the Site. This includes any express or implied warranty, including warranties as to title, merchantability, fitness for particular purpose, non-infringement and any warranty arising from the course of dealing. We also make no warranty or guarantee that the contents of the Site are complete and free of error, and that they will operate in a manner that is secure (unless we indicate otherwise), uninterrupted or free from error. We make no warranty as to the state of the Site, including its ongoing state, being free of viruses or other harmful code. We encourage you to make all possible provisions to ensure that the information and content you use and contribute to the Site is free of items such as viruses, worms, Trojan horses and other harmful items.
We may make changes to the content and appearance of the Site from time to time, including any relevant software, products and services offered or used by the Site. We will make all reasonable effort to restrict the Site’s content to information that is reliable and up-to-date. We are not responsible for any software, hardware or other technical failures. We are also not responsible for any lost or unavailable network connections, or any incomplete, garbled or delayed computer transmissions.
Editana’s upload process contains its own automatic anti-virus check. As such, all documents are thoroughly checked for viruses before they are uploaded; should a document contain a virus, a warning will pop up for the uploader—this includes both clients and editors. This process is quick and it’s likely that no editors or clients will feel its effects when uploading documents.
We do, however, still encourage all editors and clients to run their own anti-virus checks on all documents. There are several free anti-virus programs available online: if your computer lacks an anti-virus program, please do some research and install one with good reputation. In doing so, if you find a document that contains a virus which slipped through our system, please contact Editana’s customer service at [email protected]
We understand that all editors and clients have computers with different levels of security. As such, Editana will be unable to take responsible for any negative outcomes.
Limitation of Liability
By making use of the Site, you agree that we will not be liable to you or any other party for any reason or under any circumstance or law. This includes, and is regardless of, any legal concepts, be they under tort, contract or otherwise. We will also not be liable for any claim for damages, be they direct, indirect, incidental, consequential, punitive or otherwise, however caused. This exclusion from liability for damages includes claims of damages arising from lost profits, lost savings, loss of programs or other data on your information handling system or otherwise. This includes where we have been advised of any such claim for damages.
For clarification, this exclusion from liability includes the following:
- (i) your access to, use of, or inability to use the Site (including any services offered by or through use of the Site); or
- (ii) any errors or omissions in the content of the Site, or the performance or function of any of its software
We note that certain jurisdictions do not allow for the exclusion from certain laws, regulations or claims for damages. This means that some of the exclusions we have given above may not apply to you. However, we intend that the above exclusions will be enforced to the full possible extent in each jurisdiction
By using the Site, you agree that you will defend, indemnify and otherwise not hold Editana responsible for any and all claims, losses, damages, liabilities, costs and expenses arising from or in any way related to your use of the Site, or any violation of these Terms. This includes, but is not limited, fees payable to solicitors, attorneys or other legal professionals.
Copyright, Trademarks and Servicemarks
The Site and all information and content contained therein, be it posted in or on the Site, are copyright Editana Inc. All rights are reserved. Except where expressly stated to the contrary, all information and content is the property of Editana or its third party licensors. To be clear, we do not waive any proprietary rights (be they in copyright or trademark) inherent in any such information and content. We also do not, in any circumstances, consent to such rights being transferred to you or any third party. The information and content are protected by the applicable Australian Federal laws, as well as international copyright laws. The product and service names and logos on the Site, and the Site’s appearance, including all icons and graphics are servicemarks/trademarks, registered servicemarks/trademarks and/or trade dress of Editana or any third party licensor. Any unauthorised use of these servicemarks/trademarks is strictly prohibited.
In submitting copyrighted material for review by our Editors, you agree that while the copyright of such material will remain vested in you, we reserve the right to retain this material for future promotional or other business activity. In the event that we make use of this right, we guarantee that any information relating to the author or contributor of such material will not be identified. This includes the author or contributor’s email address, name or metadata.
By using the Site, you further agree not to remove any copyright, trademark or other notice from any information or content you may obtain from the Site. You are prohibited from downloading or copying any content of the Site without prior consent in writing from Editana, except for your own private and individual use. No legal interest, right or title in any material downloaded or copied from the Site is transferred to you as a result of that downloading or copying. You are prohibited from reproducing, publishing, transmitting, distributing, displaying, modifying, creating derivative works from, selling or participating in the sale of, or exploiting in any way (including in part or in whole), any of the information, content or trademarks of the Site, or the Site itself and any of its related software, except where provision is made in these Terms.
Plagiarism is the unauthorised use of someone else’s intellectual property. This happens, for example, where you find some material in a book, article or online and use it in your own work without explaining that it was not originally composed by you. Plagiarism is against the law in many countries, and is against the regulations and policies of universities, schools and many businesses.
At Editana, we do not tolerate plagiarism of any kind. However, it is not our role to determine whether or not your work contains plagiarised material. We assume that all material sent to us is the original work of the owner, and by submitting work to us you represent that your work is your own. Editana will not take responsibility for any work submitted to us that contains plagiarised material.
With regards to academic work, Editana can only ensure that your work is grammatically correct and free from errors. We can also help you work on the logical flow and structure of your material. We cannot provide substantive input into your work. This is because academic work must be completely created by the original author.
This is because academic work must be completely created by the original author.
For non-academic work, we are able to provide substantive input to your work. This means contributing sentences, phrases and other insertions. You are not required to acknowledge Editana’s role in your work, and you do not have to pay a premium for this kind of work. We recognise that all writers and editors are different, and may provide different input into your work. This is why we use the ‘track changes’ function of Microsoft Word, as it enables you to select and accept only the changes you wish to make.
From time to time, we may provide links on the Site to other websites. To the extent that we provide or allow such links, we do not operate or control any of the information contained in these links, or any products or services therein. We also do not endorse or approve of any of the products, services or information contained in these links, except as we provide otherwise.
We reserve the right to determine, in our full and sole discretion, that you or any other user of the Site has breached any of the Terms, or have engaged in conduct that we deem otherwise to be inappropriate. In the event that such a determination is made, we may take any action that we deem appropriate. Examples of this action may include, but are not limited to:
- (i) warning you of a violation by email;
- (ii) deleting any content provided by you or your agent(s);
- (iii) terminating your use of the Site, including any accounts or services associated with that use; and
- (iv) notifying the relevant legal authorities and cooperating with those authorities in regards to further action.
These Terms are effective as against all users of the Site, unless and until terminated by us. We reserve the right to terminate all or part of the Site without notice to you at any time. Should we exercise our right to terminate these Terms or the Site, you are required to destroy all materials downloaded or otherwise obtained from the Site and all copies of such materials as soon as possible.
These Terms constitute the full and complete statement of the mutual understanding of the user and Editana. These Terms are the exclusive statement of such understanding, and supersede any previous written or oral agreement or communication as between the user and Editana in relation to the subject matter of these Terms. Neither the user or Editana waives any privilege, power or right in these Terms in a failure or delay in exercising any such privilege, power or right.