These terms and conditions regulate the business relationship between you and us. By using our website in any way, or by buying from us, you agree to be bound by them.
We are: Ivory Research Co Ltd registered in England and Wales
under company number 11673937 (“we”, “us”, ” our”)
Our registered address is: 1 Fore Street, London, EC2Y 9DT.
Terms and Conditions
In this agreement:
” Content ” means as defined in accordance with clause 11.1.
” Contract ” means your order and our written acceptance of it in accordance with clause 2.3.
” Terms ” means the terms and conditions set out herein.
” you ” means you our customer, who purchases a product from us.
” Samples ” Means sample statements written by our writers.
” Website ” Means the entire computing hardware and software installation that is, or supports, our website http://www.personal-statement.com.
” Works ” means the documents, services and/or products which have been provided by us to you under the Contract in accordance with the Terms.
” Writer ” means the individual who is engaged to complete the Works.
2. Our contract with you
2.1 These terms apply:
2.1.1 So far as the context allows: to you as a visitor to our website; and
2.1.2 In any event: to you as a buyer or prospective buyer of our goods.
2.2 Works advertised on the Website or ordered by you are subject to a Writer agreeing to provide the Works to the requirements you have specified and within the deadline we have agreed.
2.3 Your order for Works on our Website constitutes an offer by you to purchase the Works in accordance with these Terms. No offer placed by you shall be accepted by us other than:
2.3.1 email confirmation from us;
2.3.2 (if earlier) by us providing the Works,
when a contract for the supply and purchase of the Works on these Terms will be established.
2.4 Quotations are given by us on the basis that no contract shall come into existence except in accordance with clause 2.3 above. The price quoted on the online
price calculator on our Website will be the actual price payable.
2.5 When we accept your order by email confirmation, our e-mail will reiterate details of your purchase, state your order number, confirm that the price has been paid including any banking charges and the agreed date for delivery of the Works.
2.6 We may change these Terms from time to time. The Terms that apply to you are those posted here on our Website, on the day you order the Works. We do not file copies of the Terms applicable to your purchase.
3.1 The statements contained in the Works have been created by the Writer only and are not the statements of Ivory Research Co Ltd, its officers, employees or agents. To the fullest extent permissible by law, Ivory Research Co Ltd.
3.2 The Works we provide are commissioned at your request and to your specific requirements. All delivery times are estimates only, although we will use our reasonable endeavours to adhere to the date estimated by us for delivery of the Works.
3.3 Works are at your risk from the moment they are requested by you.
4. Price and Payment
4.1 The Works will not be started nor will any part of the order be sent to you until we have received payment in full or such other amount that has been agreed between us in writing.
4.2 All banking charges by the receiving bank on payments received by us, and all other charges relating to payment in a currency other than pounds sterling, will be borne by you.
4.3 Any details given by us in relation to exchange rates are approximate only and may vary from time to time.
4.4 You will pay all sums due to us under these Terms by the means specified, without any set-off, deduction or counterclaim.
4.5 If we owe you money, we reserve the right to either issue you with a credit note or reimburse you as soon as is reasonably practicable, but in any event, no later than 30 days from the date of your order.
5. Information you give us
5.1 By commissioning us to draft or amend a statement, you agree that you have provided, and will continue to provide accurate, up to date, and complete information in a timely manner as we may require about yourself and the purpose for which you would use it for. We need this information to provide you with the Works.
5.2 It is your responsibility to supply us with all relevant requirements relating to the Works when you place your order with us. Should you supply further requirements later on, these will not be taken into account when completing your order. Completion of additional requirements is subject to availability and may incur further charge.
5.3 You agree to send all relevant details to enable us to complete the Works including the subject or course you wish to study, what the subject or course means to you or where the Works relate to a job application, details of the job together with your curriculum vitae and details about your skills, activities you have been involved with and relevant experience together with any other relevant information in accordance with the timescales specified in our email accepting your order.
5.4 In the event that you have any other supporting information or additional instructions for the Writer, this must be sent to us by email within two hours of placing an order.
5.5 You agree to cooperate with the Writer throughout the project in the event that the Writer requires any further information or guidance on the Works.
5.6 If the performance of our obligations under this Contract is prevented or delayed by any delay or omission on your part, we shall not be liable for any costs, charges or losses sustained or incurred by you arising directly or indirectly from such prevention or delay.
6.1 You acknowledge the internet is an open medium and where you specify delivery by email or by downloading from our Website, you accept the risk of delivery. Where you specify another method of delivery and which we agree in our email accepting your order (including but not limited to post or fax), you accept the risk of delivery.
6.2 We shall use our reasonable endeavours to provide the Works by any dates agreed between us but any dates shall be estimates only and time shall not be of the essence for provision of the Works. If we are not able to deliver your order by the date agreed between us, we shall notify you by email to arrange another date for delivery.
6.3 We may deliver the Works in instalments if the complete Works are not available for delivery.
6.4 If the performance of our obligations under this Contract is prevented or delayed by any act or omission by you, we shall not be liable for any costs, charges or losses sustained or incurred by you arising directly or indirectly from such prevention or delay.
7. Taxes, duties and import restrictions
7.1 We have no knowledge of, and no responsibility for, the laws in your country of residence.
7.2 You are responsible for purchasing Works that you are lawfully able to import, and for the payment of import duties and taxes of any kind levied in your country of residence.
8. Works returned
8.1 Although you are buying the Works remotely, you do not have a right of cancellation as the Works we provide to you are prepared to your personal specification and are personalised for you. Accordingly you may not cancel your order for Works once we have sent you an email accepting your order.
8.2 We will use all reasonable endeavours to respond to any point of dissatisfaction by you, provided you contact us within the timescales detailed in clause 8.3.
8.3 In the event that your original requirements have not been met, we will use our reasonable endeavours to arrange for the Writer engaged to complete your personal statement to amend the Works providing you have notified us within 7 days after delivery of the order. If you do not contact us within this time, you will be deemed to have accepted that the Works meet your requirements.
8.4 When notifying us that your original requirements have not been met, you must clearly set out in writing what the Writer has missed and forward your original email containing your initial request to us. You must ensure that you have read the whole of the Works and covered every point before sending an amendment request as amendments will only be made once.
8.5 If you submit an amendment request after the period referred to in clause 8.2 or the amendment request is not in line with your original order requirements, we may provide you with a quote for these additional amendments. Any such amendments will only be made once payment has been received in full.
9.1 We, or our Content suppliers, may make improvements or changes to our Website, the Content, or to any of the Works, at any time and without advance notice.
9.2 You are advised that the Content and Works may include technical inaccuracies or typographical errors. Commentary, information and other materials posted on the Website are not intended to amount to advice on which reliance should be place. We therefore disclaim all liability and responsibility arising from any reliance placed on such commentary, information or materials by you, any visitor to our Website or anyone who may be informed of its content.
9.3 To the fullest extent permissible by law, we give no warranty and make no representation, express or implied, as to:
9.3.1 The adequacy or appropriateness of the Works for your purpose.
9.3.2 The truth or accuracy of any information given on our Website or in the Works.
9.3.3 Any implied warranty or condition as to merchantability or fitness of the Works for a particular purpose.
9.3.4 Compatibility of our Website or Works with your equipment software or telecommunications connection.
9.3.5 Compliance with any law.
9.3.6 Non-infringement of any right.
9.4 Our Website may contain links to other internet websites. We have neither power nor control over any such website. You acknowledge and agree that we shall not be liable in any way for the content of any such linked website, nor for any loss or damage arising from your use of any such website.
9.5 Whilst we will make reasonable effort to ensure that the Works meet your requirements, we do not guarantee that your application or interview will be successful and will not be held liable in any way for a failure to obtain the desired place or job.
10. Permitted use of Works
10.1 Where the Works have been tailored to meet your specific requirements and you have accepted or been deemed to have accepted that the Works meet your requirements, the copyright of any Works produced by us or our Writers will be assigned to you. We will not in any circumstances, resell or publish such Works unless it materialises that payment for the Works has been made fraudulently.
10.2 You agree that the copyright in any Samples provided to you by us or our Writers and any material on the Website belongs to us. You may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the content of such Samples or of our Website, in whole or in part, save as hereinafter provided. You may download or copy one copy of the Sample you have purchased for your own personal use for academic research purposes only provided that you maintain all copyright and other notices contained in such Samples. However, you may not submit this document under your own name in an application.
10.3 It is solely your responsibility to ensure that the Works meet your order requirements.
10.4 You agree that any views or statements expressed in the Works are opinions only and have been provided merely as academic support and do not constitute professional advice in any way.
10.5 You further agree that the Samples should be used solely for research or reference purposes.
10.6 You acknowledge that any decision to use our services or the Works is made on your own initiative and you agree that neither we nor our Writers are in any way liable for any decision made by you to use our services or Works which may breach an institution’s rules, regulations or guidelines.
10.7 You are not permitted to submit Samples as your own, either in whole or in part and in doing so, would constitute a breach of our copyright in such Samples. In doing so, you automatically forfeit your rights to use the Samples in accordance with these Terms.
10.8 You agree not to resell, distribute or post to any website any Samples provided hereunder.
11 Content and Intellectual Property Rights
11.1 Ivory Research Co Ltd is the owner or licensee of all intellectual property rights in its Website content including all the software text, software design, text contained within and alongside the graphics or pictures, information contained with in any software or the Website itself including designs, text, graphics, pictures, information, applications, software, and other files, and their selection and arrangement (the “Content”). This includes the content utilised for the advertisement of any new promotional scheme.
11.2 As (a) a customer and (b) as a visitor to our Website, you are not allowed to modify, copy, distribute, frame, reproduce, publish, display or post any Content of the Website or any software made available through the Website without our prior permission. This includes any commercial use whatsoever in whole or in part of our Website or any software available on it.
11.3 You may not upload or republish Content on any internet, intranet or extranet site or incorporate the information from our Website in any other database or compilation, and any other use of the Website Content or the design.
11.4 Any attempts at harming the Website or sabotaging our software through malafide practices of data mining, robots, scraping or similar data gathering or extraction methods will not be tolerated and for these purposes we strictly monitor the IP addresses accessing our Website on a daily basis.
11.5 Any use of the software or our Content and /or application data other than as specifically authorised herein, without our prior written permission is strictly prohibited and will subject the infringer to legal action. Such misuse, unauthorised use and abuse of the software may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes.
11.6 All company graphics, logos, designs, page headers, button icons, scripts and service names located on the Website are registered trademarks of Ivory Research Co Ltd and may not be used, either as trademarks or domain names for any other similar product or service. This includes “dilution”, “cyber-squatting”, copying and imitation for commercial purposes and any such action will be duly contested through the appropriate European Union and DMCA legislation.
11.7 All intellectual property rights in the Samples shall be owned by us. Subject to your compliance with these Terms, we licence all such rights to you and on a non-exclusive, worldwide basis to such extent as is necessary to enable you to make reasonable use of the Samples for the purposes specified. In the event that it materialises that payment for the Samples has been made fraudulently, this licence shall automatically terminate.
11.8 You acknowledge that where you have provided us with in-put material to help with the completion of the Works, that you have the appropriate consent, permission, authority or licence to use such material for the purposes envisaged in accordance with the Contract.
12. System Security
12.1 You agree that you will not, and will not allow any other person to, violate or attempt to violate any aspect of the security of our Website.
12.2 You agree that you will in no way modify, reverse engineer, disassemble, decompile, copy, or cause damage or unintended effect to any portion of our Website, or any software used on our Website, and that you will not permit any other person to do so.
12.3 You understand that any such violation is unlawful in many jurisdictions and that any contravention of law may result in criminal prosecution.
12.4 Examples of violations are:
12.4.1 Accessing data unlawfully or without consent.
12.4.2 Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures.
12.4.3 Attempting to interfere with service to any user, host or network, including without limitation, via means of overloading, “flooding”, “mail bombing” or “crashing”.
12.4.4 Forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting.
12.4.5 Taking any action in order to obtain Works to which you are not entitled (including but not limited to “cardholder not present” fraud).
12.5 You agree to indemnify us against any claim or demand, including reasonable lawyers’ fees, made by any third party due to, or arising out of:
12.5.1 Any violation of system security as set out above.
12.5.2 Your use of our Website.
12.5.3 Any other breach or violation of the Contract by you.
12.5.4 The infringement by you, or by any other user of your computer, of any intellectual property or other right of any person or entity, or as a result of any threatening, libellous, obscene, harassing or offensive material contained in any of your communications.
12.6 Access to our Website is permitted on a temporary basis and we reserve the right to withdraw or amend the service we provide on our Website without notice. We will not be liable if for any reason our Website in unavailable at any time or for any period.
You agree to indemnify us against any claim or demand, reasonable costs, charges or losses sustained or incurred by us including reasonable lawyers’ fees, arising in any way either directly or indirectly out of your use of our Website and/or the Works, or the infringement by you, or by any other person using your computer, of any intellectual property or other right of any person.
14. Contractual Limitation
14.1 Where we provide Works without specific charge, then it (or they) is deemed to be provided free of charge, and not to be associated with any other service for which a charge is made. Accordingly, there is no contractual or other obligation upon us in respect of any such Works.
14.2 This clause 14 sets out our entire financial liability (including any liability for the acts or omissions of our employees or Writers) to you in respect of:
14.2.1 any breach of contract;
14.2.2 any use made by you of our Works or any part of them; and
14.2.3 any representation, statement or tortuous act or omission (including negligence) arising under or in connection with the Contract.
14.3 All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Contract.
14.4 Nothing in these Terms limits or excludes our liability:
14.4.1 for death or personal injury resulting from negligence; or
14.4.2 for any damage or liability incurred by you as a result of fraud or fraudulent misrepresentation by us.
14.5 Subject to clause 14.2 and 14.3, we shall not be liable for:
14.5.1 loss of profits;
14.5.2 loss of business;
14.5.3 loss of opportunity;
14.5.4 depletion of goodwill and/or similar losses;
14.5.5 loss of Works;
14.5.6 loss of contract;
14.5.7 loss of use;
14.5.8 loss of corruption of data or information; or
14.5.9 any special indirect, consequential or pure economic loss, costs damages charges or expenses.
14.6 Our total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance or contemplated performance of the Contract shall be limited to the price paid or payable for the Works.
15. Rights of third parties
Nothing in this agreement or on our Website shall confer on any third party any benefit under the provisions of the Contracts (Rights of Third Parties) Act 1999.
If any of these Terms is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void, and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these Terms.
17. No Waiver
No waiver by us, in exercising any right, power or provision hereunder shall operate as a waiver of any other right or of that same right at a future time; nor shall any delay in exercise of any power or right be interpreted as a waiver.
18. Dispute Resolution
In the event of a dispute arising out of, or in connection with these Terms or any contract between you and us, then you agree to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.
19. Force majeure
We are not liable for any breach of our obligations resulting from causes beyond our reasonable control, including strikes of our own employees, system down – time or third party email misdirection.
20. Governing Law
The Contract and any dispute or claim arising out of or in connection with it or its subject matter shall be governed by and construed in accordance with the laws of England and Wales. The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of, or in connection with the Contract or its subject matter.
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