2. Users of the Site.
2.1 Bizwizlearning is an on-line learning community where you can get answers/mentoring advice/training to your queries/ questions you are struggling with and get paid to answer questions you know a lot about. 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 Experts (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 an Purchaser or a Contributor or both subject to the terms and conditions.
2.2 Potential Purchasers may simply post a question they want answered on the site. Bizwizlearning will make these questions available to the Experts. Experts may post answers to these questions, called tutorials, and Purchasers, in turn, may use their PayPal or Google Checkout accounts to buy them. Visitors, Purchasers, users and Experts will be collectively referred to as “you” or “your” in these Terms.
2.3 Experts are Independent Contractors and are not employees of Bizwizlearning. Experts are independent contractors, providing specific services to Bizwizlearning on an as-needed basis for a limited period of time. In preparing and submitting the Work, each Expert: (a) shall use his or her own computer equipment and Internet access services; (b) shall determine the time during which the Work is prepared; and (c) is permitted to provide comparable works and services to others. Each Expert is carrying on an independent business on his or her own behalf. Bizwizlearning provides payments in exchange for the Expert Work. Each Expert is solely responsible for the determination and payment of his or her own taxes as may be payable by them in any jurisdiction in the world.
3. Eligibility. The Site and the Services are only available to users who are 18 years of age or older and whose accounts have not been terminated, suspended or restricted by Bizwizlearning.com. When you use the Site, you represent that: (a) the information you submit is truthful and accurate; (b) you will update your contact information if it changes so that Bizwizlearning can contact you; (c) your use of the Site and your use of the Services available on the Site do not violate any applicable law or regulation; (d) you are 18 years of age or older; and (e) you will comply with the rules for on-line conduct and what you contribute to the Site, as discussed in Section 4 below. In order to qualify as an Expert, you are, as of the date of Registration, working on a graduate degree at an accredited university or have at least one graduate degree from an accredited university.
(a) own or have sufficient rights to post your Contributions, on or through the Site;
(b) will not post Contributions that violate Bizwizlearning or any other person’s privacy rights, publicity rights, copyrights or contract rights;
(c) have fully complied with any third-party licenses relating to Contributions, agree to pay all royalties, fees and any other monies owning any person by reason of Contributions that you posted to or through the Site;
(d) will not post Contributions that: (i) are defamatory, damaging, disruptive, unlawful, inaccurate, pornographic, vulgar, indecent, profane, hateful, racially or ethnically offensive, obscene, lewd, lascivious, filthy, threatening, excessively violent, harassing, or otherwise objectionable; (ii) incite, encourage or threaten immediate physical harm against another, including but not limited to, Contributions that promote racism, bigotry, sexism, religious intolerance or harm against any group or individual; (iii) solicit personal information from anyone under 13; or (iv) exploit anyone in a sexual or violent manner;
(e) will not post Contributions that contain advertisements or solicit any person to buy or sell products or services (other than the Services);
(f) will not use the Site for any unauthorized purpose including collecting usernames and/or email addresses of other users by electronic or other means for the purpose of sending unsolicited email or other electronic communications, or engaging in unauthorized framing of, or linking to, the Site without BizwizLearning’s express written consent;
(g) will not post Contributions that constitute, contain, install or attempt to install or promote spyware, malware or other computer code, whether on Bizwizlearning or others’ computers or equipment, designated to enable you or others to gather information about or monitor the on-line or other activities of another party;
(h) will not transmit chain letters, bulk or junk email or interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site, including without limitation, hacking into the Site, or using the system to send unsolicited or commercial emails, bulletins, comments or other communications;
(i) will not impersonate any other person or entity, sell or let others use your profile or password, provide false or misleading identification or address information, or invade the privacy, or violate the personal or proprietary right, of any person or entity;
(j) have all the licenses required to give a response to an Purchaser;
(k) will not engage in the unauthorized practice of law or medicine;
(l) will not claim that any Contributor’s work is your own work; or
(m) will not sell or re-sell any Contributor’s work to a third party.
5. Grant of License to Us and Purchasers for Contributions. By making a Contribution to the Site, you grant Bizwizlearning a perpetual, non-exclusive (meaning you are free to license your Contribution to anyone else in addition to Bizwizlearning), fully-paid, royalty-free (meaning that Bizwizlearning is not required to pay you to use your Contribution), sublicensable (meaning that Bizwizlearning can sublicense its rights to, for example, third party hosted service providers who host the Site) and worldwide (because the Internet and the Site are global in reach) license to use, modify, create derivative works of, publicly perform, publicly display, reproduce and distribute the Contribution for the purpose of displaying the content on the Site and selling it to Purchasers.
6. Use and Protection of Username and Password. You are responsible for maintaining the confidentiality of your username and password. You are responsible for all uses of your account, whether or not actually or expressly authorized by you
7. Bizwizlearning Intellectual Property Rights. All of the content on the Site (“Materials”), the trademarks, service marks, and logos contained on the Site (“Marks”), are owned by or licensed to Bizwizlearning and are subject to copyright and other intellectual property rights under India and foreign laws and international conventions. Bizwizlearning reserves all rights not expressly granted in and to the Site and the Materials. If you download or print a copy of the Materials for your own personal use, you must retain all copyright and other proprietary notices contained in and on the materials. You agree that you will not circumvent, disable or otherwise interfere with security related features of the Site or features that prevent or restrict use or copying of any Materials or enforce limitations on use of the Site or the Materials on the Site. You further agree not to access the Site by any means other than through the interface that Bizwizlearning provides, unless otherwise specifically authorized by us in a separate written agreement.
8. Your PayPal or Google Checkout Account. You must have either a PayPal account or a Google Checkout account to buy or sell Contributions on the Site. Purchasers must have sufficient funds available in their account to fully pay for the total cost of any transaction they want to make. Purchasers may not engage in a Query Transaction if they do not have sufficient funds in their account. If a Purchaser pays you for a Query Transaction, either PayPal or Google Checkout will transfer the money from the Purchaser’s account into either our PayPal or Google Checkout account. We will then transfer the money to either your PayPal or Google Checkout account. Bizwizlearning is not a financial institution. Bizwizlearning does not insure you for any loss that might occur from your PayPal or Google Checkout accounts and does not pay you interest on your accounts. Bizwizlearning is not responsible for your use of the PayPal or Google Checkout services. You must resolve any disputes directly with PayPal or Google Checkout
9. Bizwizlearning’s Management of the Site/User Misconduct.
9.1 Site Management. Bizwizlearning may, but is not required to: (a) monitor or review the Site for violations of these Terms and for compliance with its policies; (b) report to law enforcement authorities and/or take legal action against anyone who violates these Terms; (c) refuse, restrict access to or the availability of, or remove or disable (to the extent technologically feasible) any Contribution or any portion thereof that may violate these Terms, the law or any of Bizwizlearning’s policies or are excessive in size or burdensome; and/or (d) manage the Site in a manner designed to protect Bizwizlearning and third parties’ rights and property or to facilitate the proper functioning of the Site. If you engage, in Bizwizlearning sole discretion, in fraudulent activities, you understand and agree that Bizwizlearning has the right to immediately close your account and that you will not be entitled to receive any of the funds in your account.
9.2 Bizwizlearning ‘s right to Terminate Users. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS, Bizwizlearning RESERVES THE RIGHT, IN ITS SOLE DISCRETION, AND WITHOUT NOTICE OR LIABILITY, TO DENY ACCESS TO AND USE OF THE SITE TO ANY PERSON WHO IS IN BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THESE TERMS, OR OF ANY APPLICABLE LAW OR REGULATION.
9.3 No Guaranteed Access to Contributions Upon Termination. IF YOUR ACCOUNT IS TERMINATED FOR ANY REASON, THE CONTENT THAT YOU HAVE POSTED MAY NO LONGER BE AVAILABLE. Bizwizlearning RESERVES THE RIGHT TO, BUT HAS NO OBLIGATION TO STORE OR KEEP COPIES OF YOUR MATERIALS OR CONTRIBUTIONS, UNLESS OTHERWISE REQUIRED BY LAW OR COURT ORDER.
9.4 Risk of Harm. There are many dangers involved in dealing with strangers, including persons who may be acting under false pretenses. Please choose carefully the information you post on the Site and that you give to other Site users. We discourage you from publicly posting the following information on the Site: your full name, telephone numbers, email address, IM address and street addresses. Despite this prohibition, other people’s information may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. You assume all risks associated with dealing with other users with whom you come in contact through the Site. Bizwizlearning expects that you will use caution and common sense when using the Site.
9.5 The term of this Agreement (the "Term") shall commence on the date the Registration is accepted by Bizwizlearning and shall expire on March31 of each year, unless terminated sooner in accordance with the provisions of this Agreement. This Agreement will automatically renew for an additional Term of one (1) year as of each April 1 at 12:01 am (Indian Standard Time), unless the Expert or Bizwizlearning declines renewal in writing. This Agreement will terminate immediately under the following circumstances:
a) upon notice from Bizwizlearning to the Expert if, in Bizwizlearning's sole determination, acting reasonably, the Expert has failed to comply with any material provision of this Agreement, or if it reasonably believes that the Expert has violated any applicable law or has acted contrary to the interests of the Site, the Students, Bizwizlearning or any of its affiliates or associates;
b) Upon notice from the Experts that he or she wishes the account terminated for any reason;
c) Upon determination by Bizwizlearning that the Expert has not submitted any responses to questions or submitted a stand-alone question and solution for the Knowledge Library, during any uninterrupted six (6) month period.
10. No Responsibility for Contributions Posted on the Site.
Bizwizlearning is not responsible for the content posted by Contributors, its accuracy, reliability, impact or effect on anyone who makes use of the Contributor content in any way. Bizwizlearning reserves the right to remove Content for any reason and at any time, without notification or warnings of any kind. You should not rely on answers/training courses posted on the Site. The answers are only intended to be a tutorial, and they may not accurately or fully answer your question.
11. Links and Search Results. The Site may automatically produce or contain links to third party sites throughout the Internet (“Third Party Sites”). Bizwizlearning does not own or operate Third Party Sites, and Bizwizlearning has not reviewed, and cannot review, all of the material, including goods or services, made available through Third Party Sites. The availability of these links on the Site does not represent, warrant or imply that Bizwizlearning endorses any Third Party Sites or any materials, opinions, goods or services available on them. Third party materials accessed through or used by means of the Third Party Sites may also be protected by copyright and other intellectual property laws. By using the Site to search for or link to another site, you agree and understand that you may not make any claim against Bizwizlearning for any damages or losses, whatsoever, resulting from your use of the Site to obtain search results and/or to link to another site.
12. Copyright Policy. Bizwizlearning will terminate, in appropriate circumstances, the accounts of subscribers who are repeat infringers.
13. Modifications. The Internet and technology are rapidly changing. Accordingly, Bizwizlearning may modify these Terms from time to time. Bizwizlearning will email you if it does so, which is why it is important that you notify us immediately if your email address changes. If you are a registered user, you will be asked to click to accept the new agreement the next time you log on to the Site in order to be able to use the interactive portions of the Site. Bizwizlearning will also put any revised versions of these Terms on the Site with a notice advising of the change. It is therefore important that you regularly check the Site for any announcements about revisions and keep your contact information current to ensure you are informed of any changes.
14. Term, Termination and Survival. These Terms shall remain in full force and effect while you use the Site. You may terminate your use or participation at any time, for any reason, by following the instructions here http://www. Bizwizlearning.com/cgi/myaccount_delete. Upon termination of your account for any reason, any pending transactions will be cancelled, and you will no longer be able to retrieve materials contained in the account. If we remove your content from the Site because of an allegation of infringement, you may not engage in any further transactions with respect to that content, and we will not pay you any additional fees for that Content. You further agree to return to us any fees you earned from such Content on the Site. You will remain liable for all obligations related to your account even after your account is closed. If you do not access your account for a period of three years, it will be terminated. Student of Fortune will not have the obligation to take, transfer or otherwise port any of your Contributions and/or account information or to store or provide access to your Contributions or account information. If you delete your account, any Contributions you made to the site will remain on the site in perpetuity, and Student of Fortune may continue to collect fees for your Contributions. Even after your use and participation is terminated, these Terms will remain in effect, including sections: 1-7, 9-12, 14, 15.3, 16 and 18-27.
15. Fees. The fees for use of the Site are posted at http://www. Bizwizlearning.com/cgi/fees and will be assessed in U.S. Dollars. Your account and all transactions are made and displayed in U.S. dollars.
15.1 Transaction Fee and Account Review. Purchasers and Contributors may check the status of their accounts on the Site at http://www. Bizwizlearning.com/cgi/myaccount. Users of the Site acknowledge and agree that Student of Fortune may collect a transaction fee from each Query Transaction on the Site. Transaction fees are posted at: http://www.studentoffortune.com/cgi/fees. You expressly agree that any inquiries or disputes regarding any Transaction Fee must be made within thirty days after the applicable Query Transaction is made. Notwithstanding such inquiries, you agree and acknowledge that the decision of Student of Fortune regarding such Transaction Fee inquiry is final.
15.3 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, Student of Fortune will: (i) immediately suspend your account; and (ii) charge you for the cost of such chargeback plus the applicable fees posted at http://www. Bizwizlearning.com/cgi/fees. You agree that we may recoup such fees from you, and you agree to directly pay Bizwizlearning such fees. If you request a chargeback, the credit card issuer, not Bizwizlearning, will determine whether the chargeback is granted.
b. Sellers. If Bizwizlearning 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 Student of Fortune these fees; or (ii) permit Student of Fortune to debit these fees from future fees you earn on the Site.
16. No Off-Site Transactions. Contributors receive payment from Purchaser's payments via the Site only. Bizwizlearning does not condone or in any way participate or become a party to any off-site transactions between users of the Site.
17. Account Termination/Fees. If you elect to terminate your Account, Bizwizlearning will remove your Contributions from the Site. However, you will not be able to collect fees from any Query Transactions completed after such termination. Bizwizlearning reserves the right to confiscate funds from: (a) fraudulent accounts (b) accounts terminated after they have been dormant for three years and/or (c) accounts in dispute where no dispute resolution has been sought within six months after termination.
18. No Refunds. You expressly agree and understand that Bizwizlearning will not offer any refunds for Query Transactions whatsoever. You participate in an Inquiry Transaction at your own risk. You may not revoke a Query Transaction once it has been issued and/or once any user has responded to it.
19. Disputes Between Users. Any transactions between Purchasers and Contributors making use of the Site are solely between them. You are solely responsible for your conduct. You agree that Bizwizlearning cannot be liable for any dispute that arises between you and any other user.
20. Resolution of Disputes.
20.1 General. IF A DISPUTE ARISES BETWEEN YOU AND BIZWIZLEARNING , OUR GOAL IS TO PROVIDE YOU WITH A NEUTRAL AND COST EFFECTIVE MEANS OF RESOLVING THE DISPUTE QUICKLY. ACCORDINGLY, YOU AND STUDENT OF FORTUNE AGREE THAT WE WILL RESOLVE ANY CLAIM OR CONTROVERSY THAT ARISES OUT OF THESE TERMS OR OUR SERVICES (A "CLAIM") IN ACCORDANCE WITH ONE OF THE SUBSECTIONS BELOW OR AS WE AND YOU OTHERWISE AGREE IN WRITING. BEFORE RESORTING TO THESE ALTERNATIVES, WE STRONGLY ENCOURAGE YOU TO FIRST CONTACT US DIRECTLY TO SEEK A RESOLUTION BY CONTACTING US AT firstname.lastname@example.org.
20.2 Law and Forum for Disputes. THESE TERMS SHALL BE GOVERNED IN ALL RESPECTS BY THE LAWS OF New Delhi AS THEY APPLY TO AGREEMENTS ENTERED INTO AND TO BE PERFORMED ENTIRELY WITHIN New Delhi BETWEEN Delhi RESIDENTS, WITHOUT REGARD TO CONFLICT OF LAW PROVISIONS. YOU AGREE THAT ANY CLAIM OR DISPUTE YOU MAY HAVE AGAINST STUDENT OF FORTUNE MUST BE RESOLVED EXCLUSIVELY BY A STATE OR COURT LOCATED IN New Delhi, India, EXCEPT AS DESCRIBED IN THE ARBITRATION OPTION PARAGRAPH BELOW IN SECTION 20.3. YOU AGREE TO SUBMIT TO THE PERSONAL JURISDICTION OF THE COURTS LOCATED WITHIN New Delhi, INDIA FOR THE PURPOSE OF LITIGATING ALL SUCH CLAIMS OR DISPUTES.
20.3 Arbitration Option. FOR ANY CLAIM (EXCLUDING CLAIMS FOR INJUNCTIVE OR OTHER EQUITABLE RELIEF) WHERE THE TOTAL AMOUNT OF THE AWARD SOUGHT IS LESS THAN $10,000, THE PARTY REQUESTING RELIEF MAY ELECT TO RESOLVE THE DISPUTE IN A COST EFFECTIVE MANNER THROUGH BINDING NON-APPEARANCE-BASED ARBITRATION. IN THE EVENT A PARTY ELECTS ARBITRATION, THEY SHALL INITIATE SUCH ARBITRATION THROUGH AN ESTABLISHED ALTERNATIVE DISPUTE RESOLUTION ("ADR") PROVIDER MUTUALLY AGREED UPON BY THE PARTIES. THE ADR PROVIDER AND THE PARTIES MUST COMPLY WITH THE FOLLOWING RULES: (A) THE ARBITRATION SHALL BE CONDUCTED BY TELEPHONE, ONLINE AND/OR BE SOLELY BASED ON WRITTEN SUBMISSIONS, THE SPECIFIC MANNER SHALL BE CHOSEN BY THE PARTY INITIATING THE ARBITRATION; (B) THE ARBITRATION SHALL NOT INVOLVE ANY PERSONAL APPEARANCE BY THE PARTIES OR WITNESSES UNLESS OTHERWISE MUTUALLY AGREED BY THE PARTIES; AND (C) ANY JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT OF COMPETENT JURISDICTION.
20.4 Improperly Filed Claims. ALL CLAIMS YOU BRING AGAINST Bizwizlearning MUST BE RESOLVED IN ACCORDANCE WITH THIS RESOLUTION OF DISPUTES SECTION. ALL CLAIMS FILED OR BROUGHT CONTRARY TO THE RESOLUTION OF DISPUTES SECTION SHALL BE CONSIDERED IMPROPERLY FILED. SHOULD YOU FILE A CLAIM CONTRARY TO THE RESOLUTION OF DISPUTES SECTION, BIZWIZLEARNING MAY RECOVER ATTORNEYS' FEES AND COSTS UP TO $1000, PROVIDED THAT BIZWIZLEARNING HAS NOTIFIED YOU IN WRITING OF THE IMPROPERLY FILED CLAIM, AND YOU HAVE FAILED TO PROMPTLY WITHDRAW THE CLAIM.
21. Disclaimer. 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, STUDENT OF FORTUNE 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 THAT STUDENT OF FORTUNE BELIEVES CONTRIBUTIONS OR ANY OTHER MATERIALS OR ITEMS TO BE ACCURATE, USEFUL OR NON-HARMFUL. BIZWIZLEARNING 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 STUDENT OF FORTUNE 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, STUDENT OF FORTUNE 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.
BIZWIZLEARNING 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 BIZWIZLEARNING’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.
22. Limitation on Liability. IN NO EVENT SHALL BIZWIZLEARNING 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, BIZWIZLEARNING’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 $50.
23. Indemnity. You agree to indemnify and hold BIZWIZLEARNING, 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.
24. Liquidated Damages. 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 BIZWIZLEARNING $50 for each unsolicited email or other unsolicited communication you send through the Site.
25. Not A Fiduciary. Users may upload credit card information and make financial transactions using the Site. Student of Fortune is not a party to those transactions between users and does not take, hold or disperse money. Rather, BIZWIZLEARNING takes a transaction fee from the applicable user, and otherwise the monetary transfers are between Purchasers and Contributors. You acknowledge that Student of Fortune is not a bank, credit card or financial services agency. Student of Fortune is not acting as a trustee, fiduciary or escrow with respect to the transactions made in connection with the Site or the Services.
26.1 Entire Agreement. These Terms constitute the entire agreement between BIZWIZLEARNING and us regarding the use of the Site and supersedes any prior or contemporaneous understandings and agreements between you and Student of Fortune related to the subject matter hereof.
26.2 Independent Contractors. Nothing in these Terms shall be deemed to create an agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship of any kind between BIZWIZLEARNING and any user.
26.3 No Third Party Beneficiaries. These Terms are between you and BIZWIZLEARNING. There are no third-party beneficiaries to these Terms.
26.4 Section Titles. The section titles in these Terms are for convenience only and have no legal or contractual effect.
26.5 Non-Waiver. BIZWIZLEARNING’s failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.
26.6 Severability. These Terms operate to the fullest extent permissible by law. If any provision or part of a provision of these Terms is unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
26.7 Assignment. You may not assign your rights under these Terms to any third party; BIZWIZLEARNING may assign BIZWIZLEARNING ’s rights under these Terms without condition.
26.8 Indian Export Controls. You acknowledge and agree that software you download from the Site is subject to Indian export controls.
Expert Work Procedures.
(a) Ask a question
As an Expert, you agree to review and respond to problems on academic subjects that are posted by students. The Expert Work shall provide a detailed step-by-step solution to the problem, showing all parts and calculations required for the students’ complete understanding. The Work shall reflect the Expert's best efforts to respond to the problem and shall be correct, to the best knowledge and ability of the Expert.
(b) Return of Problems
In the event that the Expert determines that he or she is unable to provide the appropriate level of advice to Students in connection with the Services, he or she shall expeditiously return the relevant posting to SGL immediately upon making such determination.
(d) Acceptance of Experts’ Work by students. Expert Work is subject to Student acceptance, and shall be rated by Students. The Payment (as defined below) shall be due to the Expert only when the Work has been accepted and paid for by the Student. Expert Work that is deemed by Bizwizlearning to be unacceptable will be removed from the Site and, where deemed appropriate by Bizwizlearning, the student will be given a refund for the Expert’s Work and the Expert will not be paid for the work.
(e) No Ghost-Writing. The Expert agrees that he or she shall be the only one to create and provide Expert Work through his or her account with Bizwizlearning.
28. Payment for Expert Work.
(a) Payment Due Following Acceptance By Students. Bizwizlearning shall remit payments for the Experts’ Work ("Payment" or "Payments") to each Expert on a monthly basis, on the 15th of the month following the end of a calendar month period. If the 15th of the month falls on a weekend or holiday, the Payments will be sent on the business day immediately following the weekend or holiday. Bizwizlearning currently renders Experts’ Payments only through PayPal or by corporate cheque as stipulated by the Expert and as agreed to by Bizwizlearning. Additional or alternate payment mechanisms may be offered by Bizwizlearning over time. Payments shall be payable to the Expert only after the Expert Work is accepted by the Student, and the Student's payment is actually received by Bizwizlearning.
(b) Payment Schedule. The calculation of Payments in respect of all Expert Work shall be as set out in Bizwizlearning's payment schedule, and may be revised by it from time to time. Currently, the payment schedule is as follows:
Ask a Question:
The Expert shall be paid eighty per cent (80%) of the amounts paid by all Students Works submitted by the Expert following their Registration with Bizwizlearning. This is applicable to the only custom work and download of the solution only by the student who has posted the query.
Knowledge Library: Students using the Knowledge Library will be able to purchase Expert’s past works from the Knowledge Library. Unless this Agreement is terminated, when and if an Expert Work is posted to the Knowledge Library for ongoing purchase and viewing by other Students, the Expert may receive 60% of the amounts paid by the Students for Expert’s past work.
From time to time, Bizwizlearning may require that Experts’ modify the content and layout of Experts’ Works contained in the Knowledge Library so as to maximize the potential for Students to find and download the Expert’s Works from the Site. Failure by the Expert to adhere to these requirements with respect to any particular Expert Work, as determined solely by Bizwizlearning acting reasonably and after notification to the Expert’s of these requirements, may result in the permanent loss by the Expert of any eligibility to receive the compensation with respect to any and all future downloads of any particular Expert’s Work.
(c) Currency. All Payments to Experts are calculated and payable in US$/Indian Rupee currency unless otherwise agreed between Bizwizlearning and the experts
(d) Minimum Payments. During the Term of this Agreement, Bizwizlearning reserves the right to accrue the amounts owing to OTAs and to defer disbursement of the Payments until the Expert is owed a minimum of fifty US dollars (US$50.00).
English Language. The parties have agreed and requested that this Agreement be drawn up in English.
29. Contact. If you have questions about BIZWIZLEARNING or about these Terms, please contact us at: email@example.com.
2. Users and Services offered .
2.1 Bizwizlearning is an on-line learning community where you can get answers/mentoring advice/training to your queries/ questions you are struggling with. 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 Experts (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 an Purchaser or a Contributor or both subject to the terms and conditions.
2.2 Services Offered. Through the Site, we provide the Ask a question Service, the Knowledge Library Service including the Instant Download Service (which are collectively referred to in these Terms as the "Services"). Through the Services, we facilitate the exchange of information between student users of the Site (the "Students") and Experts who have agreed to provide certain services to Bizwizlearning relating to a wide range of academic subjects in exchange for cash fees.
By agreeing to the Terms, you are deemed to have represented and warranted to bizwizlearning that you have attained the age of majority in the jurisdiction in which you reside (e.g. 18 years of age in the province of Delhi). By agreeing to these Terms you are further deemed to have agreed that you will never, for any reason whatsoever, make, or attempt to make direct contact with any Expert other than via the systematized methods provided by Bizwizlearning within its system. For greater clarity, you agree not to contact any Expert directly by telephone, email, fax, text message or any other communications medium outside of the Bizwizlearning Site and system.
2.3 Potential Purchasers may simply post a question they want answered on the site. Bizwizlearning will make these questions available to the Experts. Experts may post answers to these questions, called tutorials, and Purchasers, in turn, may use their PayPal or Google Checkout accounts to buy them. Visitors, Purchasers, users will be collectively referred to as “you” or “your” in these Terms.
2.4 Academic Integrity Policy towards Students:
* Don't ask Experts to complete entire assignments or write essays for you.
* Don't ask Expert to take quizzes, exams, tests, or final exams for you.
* Don't post a question unless you have your instructors implicit or explicit permission. For instance, don't ask someone to proofread a paper for you if your instructor says this is against their rules.
* Don't post a question without an honest intention to learn from your tutor's help. If you simply turn in their help as your own work, you're cheating!
If you are found cheating, you will be banned from ever using Bizwizlearning again!
3. Eligibility. The Site and the Services are only available to users who are 18 years of age or older and whose accounts have not been terminated, suspended or restricted by Bizwizlearning.com. When you use the Site, you represent that: (a) the information you submit is truthful and accurate; (b) you will update your contact information if it changes so that Bizwizlearning can contact you; (c) your use of the Site and your use of the Services available on the Site do not violate any applicable law or regulation; (d) you are 18 years of age or older; and (e) you will comply with the rules for on-line conduct.
4. Use and Protection of Username and Password. You are responsible for maintaining the confidentiality of your username and password. You are responsible for all uses of your account, whether or not actually or expressly authorized by you
5. Bizwizlearning Intellectual Property Rights. All of the content on the Site (“Materials”), the trademarks, service marks, and logos contained on the Site (“Marks”), are owned by or licensed to Bizwizlearning and are subject to copyright and other intellectual property rights under India and foreign laws and international conventions. Bizwizlearning reserves all rights not expressly granted in and to the Site and the Materials. If you download or print a copy of the Materials for your own personal use, you must retain all copyright and other proprietary notices contained in and on the materials. You agree that you will not circumvent, disable or otherwise interfere with security related features of the Site or features that prevent or restrict use or copying of any Materials or enforce limitations on use of the Site or the Materials on the Site. You further agree not to access the Site by any means other than through the interface that Bizwizlearning provides, unless otherwise specifically authorized by us in a separate written agreement.
6. Your PayPal or Google Checkout Account. You must have either a PayPal account or a Google Checkout account to buy or sell Contributions on the Site. Purchasers must have sufficient funds available in their account to fully pay for the total cost of any transaction they want to make. Purchasers may not engage in a Query Transaction if they do not have sufficient funds in their account. If a Purchaser pays you for a Query Transaction, either PayPal or Google Checkout will transfer the money from the Purchaser’s account into either our PayPal or Google Checkout account. We will then transfer the money to either your PayPal or Google Checkout account. Bizwizlearning is not a financial institution. Bizwizlearning does not insure you for any loss that might occur from your PayPal or Google Checkout accounts and does not pay you interest on your accounts. Bizwizlearning is not responsible for your use of the PayPal or Google Checkout services. You must resolve any disputes directly with PayPal or Google Checkout
7.1 Law and Forum for Disputes. THESE TERMS SHALL BE GOVERNED IN ALL RESPECTS BY THE LAWS OF New Delhi AS THEY APPLY TO AGREEMENTS ENTERED INTO AND TO BE PERFORMED ENTIRELY WITHIN New Delhi BETWEEN Delhi RESIDENTS, WITHOUT REGARD TO CONFLICT OF LAW PROVISIONS. YOU AGREE THAT ANY CLAIM OR DISPUTE YOU MAY HAVE AGAINST STUDENT OF FORTUNE MUST BE RESOLVED EXCLUSIVELY BY A STATE OR COURT LOCATED IN New Delhi EXCEPT AS DESCRIBED IN THE ARBITRATION OPTION PARAGRAPH BELOW IN SECTION 7.2. YOU AGREE TO SUBMIT TO THE PERSONAL JURISDICTION OF THE COURTS LOCATED WITHIN New Delhi, INDIA FOR THE PURPOSE OF LITIGATING ALL SUCH CLAIMS OR DISPUTES.
7.2. Arbitration Option. FOR ANY CLAIM (EXCLUDING CLAIMS FOR INJUNCTIVE OR OTHER EQUITABLE RELIEF) WHERE THE TOTAL AMOUNT OF THE AWARD SOUGHT IS LESS THAN $10,000, THE PARTY REQUESTING RELIEF MAY ELECT TO RESOLVE THE DISPUTE IN A COST EFFECTIVE MANNER THROUGH BINDING NON-APPEARANCE-BASED ARBITRATION. IN THE EVENT A PARTY ELECTS ARBITRATION, THEY SHALL INITIATE SUCH ARBITRATION THROUGH AN ESTABLISHED ALTERNATIVE DISPUTE RESOLUTION ("ADR") PROVIDER MUTUALLY AGREED UPON BY THE PARTIES. THE ADR PROVIDER AND THE PARTIES MUST COMPLY WITH THE FOLLOWING RULES: (A) THE ARBITRATION SHALL BE CONDUCTED BY TELEPHONE, ONLINE AND/OR BE SOLELY BASED ON WRITTEN SUBMISSIONS, THE SPECIFIC MANNER SHALL BE CHOSEN BY THE PARTY INITIATING THE ARBITRATION; (B) THE ARBITRATION SHALL NOT INVOLVE ANY PERSONAL APPEARANCE BY THE PARTIES OR WITNESSES UNLESS OTHERWISE MUTUALLY AGREED BY THE PARTIES; AND (C) ANY JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT OF COMPETENT JURISDICTION.
8 Site Contents. This Site contains materials from a variety of sources including materials submitted by Students and Experts. Site contents may be protected by copyright and moral rights as original literary, dramatic, musical or artistic works, including compilations and computer programs. Bizwizlearning has designed the Site and will use its best effort to ensure that copyright is not infringed. This results in some limitations on your use of the Site. In some circumstances, Students using the Site may benefit from an exception pursuant to which "fair dealing" or "fair use" of particular material does not infringe copyright. However, BM makes no warranty or assurance that any particular use of the Site or its downloadable content by any particular Student constitutes "fair dealing" or "fair use" for any purpose; you are advised to consult a lawyer before attempting to rely on any such exception in relation to your use of the Site.
(a) Questions Not to Infringe Copyright. In using the Ask a question Service, Students will compose and post questions on academic subjects other related topics, following system prompts provided. In submitting a question to the Ask a question Service, Students are deemed to have warranted to Bizwizlearning that the question does not infringe copyright (for example, by reproducing a substantial part of a work, such as an assignment, journal article or textbook), moral rights or any other right of any third party. Bizwizlearning reserve the right to edit questions, as it deems necessary to ensure that copyright and moral rights are not infringed.
(b) Prohibited Content. Bizwizlearning (GE) reserves the right to revise or delete any question from the Services for any reason whatsoever. Students are deemed to have warranted that questions shall not include material that is false, defamatory, abusive, vulgar, hateful, harassing, obscene, pornographic, profane, threatening, or invasive of any person's privacy or intellectual property rights, violates any law or is otherwise inappropriate for the Services. Advertisements, chain letters and other forms of solicitation shall not be included. Experts and others who feel that questions are objectionable are encouraged to contact Bizwizlearning by email. All material submitted to Bizwizlearning in connection with the Services, or otherwise posted on the Site, is subject to our Copyright Notification Policy (http://www.bizwizlearning.com/content/copyright_policy.php), which you acknowledge that you have read and understood. GE may, within a reasonable time frame, and in its sole discretion and at a time of its choosing, determine that a question is inappropriate for the Services and revise or delete it. GE reserves the right to reveal information about Students, as GE deems advisable, in connection with complaints, legal actions, or bona fide allegations of plagiarism related to use of the Services.
(c) License Granted to Bizwizlearning. In agreeing to these Terms and submitting questions to the Ask a question Service, Students shall be deemed to grant GE an exclusive, perpetual, irrevocable, world-wide license to use the question in any way whatsoever, without compensation to the Student. Without limiting the generality of the foregoing, GE may reproduce the question in any media and incorporate it in other works such as the Knowledge Library database and in study guides or other publications, within or outside of the Bizwizlearning system and Site. GE's rights herein may be sub-licensed to third parties in the sole discretion of GE. Students are deemed to have waived their moral rights, if any, in and to the questions.
9. Restrictions on Use of Materials. All of the Site contents, such as text, graphics, logos, images, audio and video clips, and software is the property of GE, or of parties that have assigned or licensed materials to GE, and is protected by Indian and international copyright laws. Unless otherwise stated, no material from the Site may be copied, reproduced, republished, uploaded, posted, transmitted, communicated to the public by telecommunication, linked, framed, exploited or distributed by any means whatsoever, except that you may download or print a single copy of materials for the purpose of research or private study, provided that you maintain all copyright notices relating to such materials. Modification of the materials or use of the materials for any other purpose is a violation of copyright and other proprietary rights. You further agree that in no circumstance will you submit any materials purchased through or from GE to any educational, testing, teaching or potential employer institution or body while representing that the materials are of your own creation.
10 Limited License to Use Software. Where users of the Site are permitted to download software in connection with the Services, such software, including any files or images incorporated in or generated by the software and any data accompanying the software (collectively, the "Software") is merely licensed to you by GE or others. This license is personal, non-transferable and non-assignable. Title to the Software is not being transferred to you. Although you may own the medium on which the Software is recorded, stored, displayed or used, GE, or others, retains copyright in and title to the Software and all other intellectual property rights therein. You shall not reproduce, redistribute, sell, decompile, reverse-engineer or disassemble the Software.
11 Trade Marks. Bizwizlearning.com is a trade mark of Sundeep Global ltd. Other trade marks or trade names contained or referenced on the Site may be the trade marks or trade names of other owners.
12Fees and Payment.
# (a) Fees.
Money deposited in student’s account is non-refundable, and are held by GE’s customers in their secure individual accounts on the Site. Fees to purchase solutions are payable in the currency and at the rates as indicated on the various payment and check-out pages within the Site at any point in time. GE reserves the right to revise its fee schedule, currency and terms from time to time and without advance notice. Such amendments will be posted on the Site.
Reminder Email: If a response is not picked up within 12 hours of its creation, student users are sent a reminder email.
First Warning: Sent 24 hours after response is created if not picked up.
Second Warning: Sent 48 hours after response is created if not picked up.
Third Warning: Sent 72 hours after response is created if not picked up. The user account is suspended indefinitely. Any custom credits that are on-hand in a student account at the time a Third Warning is issued will be allocated appropriately to the payment for the solution in question.
12. Indefinite Suspension. An indefinite suspension is a suspension of a user's privilege to use the GE site for more than 60 days with no definite reinstatement date. Indefinite suspensions are generally reserved for the more serious or repeated violations of GE rules. Indefinitely suspended users may be reinstated by GE in its sole discretion, though GE may determine at any time that the suspension is permanent. Users who have been indefinitely suspended may not register with GE during the suspension, nor may they use the GE site in any way.
13 Links to Other Sites. The links contained in the Site enable you to leave the Site and connect directly to the sites of others. Such linked sites are entirely independent of the Site. GE provides such links only as a convenience. Links do not imply GE's endorsement or approval of or any affiliation between GE and such site's provider, or the information, products or services made available through the linked site.
14 Disclaimer. Unless otherwise provided, the contents of the site are provided on an "as is" and "as available" basis and without warranties of any kind, either express or implied. To the fullest extent permitted by applicable law, GE, its affiliates and licensors disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, any information contained in the Site or on any site to which it is linked. GE, its affiliates and licensors do not warrant the functions, information or links contained on the site or that its contents will meet your requirements, that the Site, or its contents, are fit for any particular purpose or that the operations of the Site or its contents will be uninterrupted or error-free, that defects will be corrected, or that the Site or the server that makes it available are free of viruses, worms or other harmful components. GE, its affiliates and licensors do not warrant or make any representations regarding the use or the results of the use of the materials and/or services provided by or through the Site in terms of their correctness, accuracy, reliability, security or otherwise. You (and not BM) assume the entire cost of any necessary servicing, repair or correction that may result from your use of the Site.
15 Limitation of Liability. Under no circumstances, including, but not limited to negligence, shall GE, its subsidiaries or affiliated companies or licensors or their directors and officers, be liable for any special or consequential damages that result from the use of, or the inability to use, the Site, even if GE has been advised of the possibility of such damages. In no event shall GE’s total liability to you for all damages, losses, and causes of action (whether in contract, tort [including but not limited to negligence] or otherwise) exceed the amount paid by you, if any, for using the Site or the Services.
16 Indemnification. To the maximum extent permitted by applicable law, you will defend, indemnify and hold GE, its affiliates and related companies, and any of their respective directors, officers, employees, consultants and agents, harmless from and against all claims, liability, and expenses, including all legal fees and costs, arising out of either (a) your breach of any provision of these Terms or (b) your use of the Site and its contents. GE reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any action, claim or matter otherwise subject to indemnification by you. You will co-operate as fully as reasonably required in the defense of any claim.
17 Severability. If any provision of these Terms shall be found to be unlawful, void and unenforceable, then such provision shall be deemed severable from these Terms and will not affect the validity and enforceability of the remaining provisions of these Terms.
18. Performance & Site Complaints, Issues and Customer Service. If, pursuant to your use of the Site or purchase of any of the GE Services, you have any dissatisfaction or difficulty of any description whatsoever, you agree that you will first contact GE by email at firstname.lastname@example.org, prior to contacting your bank, credit card company, PayPal, to seek resolution to your issue.
19. Amendments to Terms. GE reserves the right to make changes to this Site and to modify these Terms at any time. You should review these Terms on a regular basis. Your continued use of the Site following amendments to these Terms shall constitute your acceptance of them.
20. Termination. These Terms are effective until they are terminated by GE or by you. You may terminate this agreement at any time by contacting GE customer support by e-mail at email@example.com, in which case, termination is effective at the end of the business day following the day on which your termination notice is actually received by GE, and your accounts with GE will be closed at that time. These Terms will terminate immediately without notice from GE if, in GE’s sole discretion, acting reasonably, you fail to comply with any material provision or these Terms, including those relating to the content of questions, direct contact or attempted contact with Experts, use of any materials purchased from BM or if BM reasonably believes that you have violated any applicable law or have acted contrary to the best interests of the Site, BM or any of its affiliates or associates. This Agreement will automatically terminate and your accounts with us will be closed upon passage of an uninterrupted twenty-four (24) month period during which you do not purchase or spend any deposit with GE. Upon termination of this agreement, for any reason whatsoever, you agree that you will continue to be bound by the following provisions that shall survive termination.
# English Language. The parties have requested that these Terms be drawn up in English.
# Privacy and Security. By agreeing to these Terms you recognize and agree that: (i) the Internet is not a secure medium, and neither the privacy of your use of or communications via the Site can be guaranteed; (ii) the nature of Internet communications means that your communications may be susceptible to data corruption, unauthorized access, interception and delays; (iii) the Site may include incomplete information, inaccuracies or typographical errors; (iv) GE and any other persons involved with the Site may make changes in the contents of the Site at any time without notice; (v) GE shall not be responsible for any detrimental reliance you may place on the Site or its contents; and (vi) use of the Site is on an "as is" basis and is strictly at your own risk. As payments for the Services are made through third party Service Providers as described in s.8 (b) above, you should review their privacy and security policies, at http://www.paypal.com. In agreeing to these Terms, you recognize and agree that although the security efforts of GE, the Service Providers and its other partners are generally consistent with standard industry practice, your complete privacy, confidentiality and security associated with any communications between us is not possible over the Internet, and therefore cannot be guaranteed. As a result, GE shall not be responsible or liable for any loss of privacy, disclosure of information, harm, damage or loss that may result from your transmission of any information to us in any connection with the Site.