TERMS AND CONDITIONS

Last updated: September 2, 2024

Please read these Terms and Conditions (these "Terms") carefully as they govern your use of our services and this website https://edubirdie.com/docs/ (our "Site").

By accessing this Site or using the Services, it is deemed that you have read and agreed to these Terms. These Terms include, and hereby incorporate by reference, our Privacy Policy, Subscription Policy, Refund Policy and other relevant agreements, located on the Site, as they may be in effect and modified from time to time. If you do not agree to them, do not use the Site or access the services from it.

Subject to the conditions set forth herein, we may, at our sole discretion, amend these Terms at any time by posting a revised version on the Site. Any revisions to the Terms will take effect on the noted effective date.

Service Provider. The contents on this Site are provided by Radioplus Experts (hereinafter referred to as “we”, “us”, “our”, “Company”), a legal entity established under the laws of the Republic of Cyprus, having its registered office at Louki Akrita, 23, Bellapais Court, Flat/Office 46, 1100, Nicosia, Cyprus.

The services that we may provide our clients with on this Site include the use of training and study materials, such as study notes, lectures, laboratory works and/or practical assignments (Study Materials) downloaded by users from other websites, within the limits provided for by the Agreement and the relevant terms and conditions of those websites.

The Study Materials you may get on our Site, is intended to be used as set out in the Section “License” hereof.

As we always tend to comply with all applicable laws, we hereby must inform you that some ways to use our Services may be prohibited in some jurisdictions.

These jurisdictions may include England and Wales, the Republic of Ireland, the Commonwealth of Australia, New Zealand (the “Prohibited Jurisdictions”).

You are not allowed to use our Services if you are in the Prohibited Jurisdictions. You represent and warrant that you are not residing on the territory of the Prohibited Jurisdictions when ordering Services on our Site. You acknowledge, understand, and agree that we are within our rights to close your account if you violate this Section of the Terms.

Most of our Services may require and be accessible only through the personal account registration. When you register an account with us, you will be asked to provide certain information about yourself and set up a password and user name. You agree to provide us accurate information when you create your account. By applying to become a registered user, you consent to us conducting verification and security procedures in respect of the information provided in the registration form.

By registering, you certify that (a) the email address you provide in the registration is accurate and belongs to you or that you have the right to use it; (b) you are an individual 18 years or older who can form legally binding contracts; (c) are legally qualified to enter a binding contract with us; (d) are not prohibited by law from using the Services; (e) you do not have more than one account; (f) you have not previously been removed from the Services by us, unless you have our express written permission to create a new account.

You are responsible for maintaining the confidentiality of your password and for any and all activities that occur under your account. You accept to immediately notify us in all cases of unlawful use of your account, including any kinds of break of safety. We shall not be accountable for any loss and/or harm rising from your inability to follow these provisions.

We reserve the right to at any time, at our sole discretion, to modify, suspend, refuse or discontinue the Service or account registration to any client for any reason, including for reasons of your breach of these Terms. You agree that we will not be liable to you or to any third party for any modification, suspension, refusal or discontinuation of the Service.

This Site may enable you to submit, upload, post, display, communicate or otherwise publish content, such as profile information, screenshots, comments, testimonials, images, files, third party URL links, and other materials of any type on or to the Site (the “User Content”).

You must ensure that any User Content you provide to us (in particular those you provide/upload as a reference or source material) do not infringe the intellectual property or other rights or any other person or violate any applicable laws.

We do not generally investigate any User Content for accuracy or reliability and do not guarantee that User Content is accurate. The writers’ rankings made based on users’ feedback are produced by our system automatically without analyzing the substance of testimonials. You are solely responsible for your User Content, including the accuracy thereof, and are solely responsible for any legal action that may be instituted by other Users or third parties as a result of or in connection with your User Content if such User Content is legally actionable or defamatory. We are not legally responsible for any feedback or comments posted or made available on the Site by any users or third parties, even if that information is defamatory or otherwise legally actionable. In order to protect the integrity of the feedback system and protect Users from abuse, we reserve the right (but is under no obligation) to remove posted feedback or information that, in our sole judgment, violates the Terms or negatively affects us, diminishes the integrity of the feedback system or otherwise is inconsistent with the business interests. You acknowledge and agree that you will notify us of any error or inaccurate statement in your feedback results and that if you do not do so, we may rely on the accuracy of such information.

User Content License. By submitting your User Content to this Site, you hereby grant us a non-exclusive, perpetual, irrevocable, unrestricted, transferable, fully sub-licensable, worldwide, royalty-free license to use, distribute, transmit, store, display, reproduce, perform, modify, adapt, publish, translate, sell, offer for sale, and create derivative works from your User Content in any form, media or technology, whether now-known or hereafter developed, and otherwise use your User Content in connection with the operation or use of this Site or the promotion, advertising or marketing of this Site or our business.

You agree not to contest any modifications made by us and hereby waive any claims with respect thereto.

To the extent any moral rights are not transferable or assignable, you hereby waive and agree never to assert any and all moral rights, or to support, maintain, or permit any action based on any moral rights that you may have in or with respect to any User Content you submitted.

To access most of our Services, you need an account on our Website. You are solely responsible for updating your account details in case of any changes.

Once an account is registered, you can get the following services:

• access to study materials shared by students;

• the ability to save documents to your account;

• the ability to access premium documents in exchange for 5 of your documents or through a payment plan of choice.

On our Site we may offer you to buy certain subscription-based Services. To see the full information about our subscription-based Services, if applicable, please check our Subscription Rules.

We want you to be satisfied, so all eligible services purchased on the Site can be refunded within 7 days.

A refund is available if:

- the purchased service differs significantly from the description provided on our website and does not meet the standards specified in the description;

- there are technical issues caused by our website. However, you must provide proof of the malfunction to qualify for the refund.

To initiate a refund, please contact our customer support team by sending an email to support@edubirdie.com with purchase details, the reason, description and justification for the refund request. Our dedicated customer support team will review your request and guide you through the refund process.

Please be aware that a refund may be subject to verification to prevent abuse of our refund terms.

If you do not provide the necessary details with the request, including the description and justification for the refund, or if the deadline for refunds has passed, we have the right to reject such a refund request without further consideration.

Partial refunds are not allowed.

We shall notify you of our final decision regarding refund reviewing of the refund request if no further information or document is required.

Refund transactions can take up to 14 business days, excluding time needed for funds transfer from the bank or payment provider to your account.

We will notify you via email once the refund has been processed.

Refunds will be issued to the original payment method used during the purchase.

By ordering Services on our Site, you thereby obtain a non-exclusive, limited, non-transferable right to use Study Materials uploaded to other EduBirdie.com websites for educational purposes, subject to the agreement governing it.

Subject to this clause, permission will only be granted to you to use the Materials for personal and non-commercial uses, provided that you do not modify the Materials and that we or the relevant copyright owners retain all copyright and other proprietary notices contained in the Materials.

Excluding your User Content, you acknowledge that the Site and all of its content (the “Site Content”), including but not limited to source code, scripts, design of and “look and feel”, HTML code, web apps, artwork, text, software, technical drawings, configurations, graphics, other files, and their selection and arrangement, are either the proprietary content of the Company, or are the proprietary property of the our affiliates or licensors. All copyright and other intellectual property rights in the Site Content either are possessed wholly by or are licensed to us.

All trademarks, service marks, trade names, and trade dress are proprietary to us and/or our licensors. The provision of the Site and Service does not transfer to you or any third party any rights, title or interest in or to such Site Content.

You are not allowed to change, publish, issue or otherwise replicate any Site Content without prior receiving our written consent. Any unauthorized copying, alteration, distribution, transmission, performance, display, or alternative use of the Site Content is prohibited.

You are not allowed to share any personal information or discuss personal matters that are not connected with ordered Services. You should inform our Support Team about any case of requesting such information by our partner or affiliate person.

THE SITE AND THE SERVICE, ARE PROVIDED “AS IS” AND “AS AVAILABLE”. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ANY REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THE SITE, OR THE SERVICE, AND THE PRODUCTS AND SERVICES OF OTHERS, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, OR ANY IMPLIED WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OR TRADE. WE MAKE NO GUARANTEE THAT THE CONTENT OF THE SITE IS UP-TO-DATE, ACCURATE, RELIABLE OR COMPLETE, AND YOU SHOULD NOT RELY ON OR ASSUME THE ACCURACY OR AUTHENTICITY OF ANY SUCH CONTENT. WE HEREBY DISCLAIM ANY WARRANTY THAT THE SITE, THE SERVICE, OR THE PRODUCTS AND SERVICES OF OTHERS WILL BE FREE OF INTERRUPTION OR DEFECTS, OR THAT THE SITE IS FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT HAS CONTAMINATING OR DESTRUCTIVE PROPERTIES. BY YOUR USE OF THE SITE, THE SERVICE, OR THE PRODUCTS AND SERVICES OF OTHERS, YOU AGREE AND ACKNOWLEDGE THAT YOUR USE OF SUCH IS AT YOUR OWN RISK. WE DO NOT AUTHORIZE ANYONE TO MAKE A WARRANTY OF ANY KIND ON OUR BEHALF AND YOU SHOULD NOT RELY ON ANY SUCH STATEMENT. THIS SECTION SHALL SURVIVE ANY TERMINATION OF THESE TERMS. NOTHING ON THIS SITE CONSTITUTES, OR IS MEANT TO CONSTITUTE, ADVICE OF ANY KIND.

IN NO EVENT SHALL THE COMPANY AND ITS SUBSIDIARIES, DIRECTORS, EMPLOYEES, MANAGERS, OFFICERS, REPRESENTATIVES, (THE "COMPANY PARTIES") BE LIABLE FOR ANY INDIRECT, ECONOMIC, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR ANY OTHER DAMAGES RELATED TO: (A) THE SERVICE; (B) SITE CONTENT OR THE PRODUCTS; (C) CLIENT CONTENT; (D) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SITE; (E) ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE COMPANY PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE SITE; (F) ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (G) ANY ERRORS OR OMISSIONS IN THE SERVICE' TECHNICAL OPERATION; OR (H) ANY DAMAGE THAT RESULTS FROM EVENTS BEYOND OUR REASONABLE CONTROL, SUCH AS DAMAGES TO ANY USER'S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE COMPANY PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COMPANY PARTIES TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED THE AMOUNTS PAID BY YOU, IF ANY, TO THE COMPANY IN THE PAST SIX MONTHS, OR $200, WHICHEVER IS GREATER. THIS SECTION SHALL SURVIVE ANY EXPIRATION OR TERMINATION OF YOUR RELATIONSHIP WITH THE COMPANY.

BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

You are solely responsible for all of your activity in connection with the Service. To the fullest extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the Company, its affiliates, and each of its and its affiliates' employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys' fees, that arise from (a) your use or misuse of the Service, the Site or Products; (b) your access to any part of the Service, (b) any claim or damages that arise as a result of any of your User Content, (d) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights, or (e) otherwise from your violation of these Terms or any applicable law, rule or regulation.

You will cooperate as fully required by us in the defense of any claim. These indemnity obligations shall survive any expiration or termination of your relationship with the Company.

These Terms and all claims or causes of action (whether in contract, tort or statute) that may be based upon, arise out of or relating to these Terms shall be governed by, and enforced in accordance with, the laws of the laws of the Republic of Cyprus.

All disputes related to these Terms shall be resolved by negotiations between the parties, which agree to make all efforts to resolve the dispute. If the Parties fail to reach consent, the disputes shall be resolved by the courts of Cyprus that shall have jurisdiction to settle any suit, dispute, action or other proceedings relating to these Terms.

Entire Agreement. These Terms set forth the entire agreement and understanding between you and the Company relating to the subject matter hereof and thereof and cancels and supersedes any prior or contemporaneous discussions, agreements, representations, warranties, and other communications between you and us, written or oral, to the extent they relate in any way to the subject matter hereof and thereof. YOU REPRESENT THAT YOU HAD AMPLE TIME TO REVIEW AND DECIDE WHETHER TO AGREE TO THE TERMS. If an ambiguity or question of intent or interpretation of the Terms arises, no presumption or burden of proof will arise favoring or disfavoring you or the Company because of the authorship of any provision of the Terms.

Severability. Unless otherwise stated in these Terms, should any provision of the Terms be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of these Terms, and the application of that provision shall be enforced to the extent permitted by law. Any failure by us to enforce the Terms or any provision thereof shall not waive our right to do so.

Third party websites. The Site may contain links to third party websites. The inclusion of any website link does not imply an approval, endorsement or recommendation by us. You agree that you access any such website at your own risk, and that such site is not governed by the terms and conditions contained in this Agreement or the other Terms of Service. We expressly disclaim any liability for these websites. Your browsing and interaction on any other website, including those that have a link on our website, is subject to that website’s own rules and policies.

Any questions or concerns about these Terms should be brought to our attention by email to support@edubirdie.com, and providing us with information relating to your concern.