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Term and conditions

Essay Supermarket reserves the right to revise and alter these terms from time to time by updating this page. In such cases, the revised terms will take effect when they are posted.

Essay Supermarket's services are available only to individuals who have the capacity to enter into a legally binding contracts under the law of England and Wales to which this agreement is subject.

Definitions:

"The Website" means www.essaysupermarket.com and any subdomains of the same.

"Visitor" means a user of the Website that may for example browse pages but has not yet registered an account.

"Customer" means a user of the Website that has registered a customer account, and may go on to post a project, deposit monies, and leave feedback.

"Writer" means a user of the Website that has registered a writer account, and may go on to create a profile, bid for projects and complete projects for Customers.

"Users" refers collectively to Customers and Writers.

"Services" means any service currently offered on the Website including but not limited to allowing Customers to post projects, allowing Writers to bid on projects, allowing Customers and Writers to communicate with each other through the Website, Escrow services, Payment services, dispute resolution services, and allowing Customers and Writers to leave feedback as well as other services which Essay Supermarket may offer from time to time which shall be subject to these terms and conditions.

By visiting the Website as a Visitor or by using the Services as a Customer or Writer, you are contractually agreeing to the following terms and conditions.  If you do not agree to these terms and conditions you must cease to use the website and leave the Website immediately.

Introduction

  1. The Website provides a means for Customers to post projects and search for Writers, and for Writers to showcase their abilities and bid on Customers' projects.
  2. The Website also provides payment services allowing Customers to deposit money to pay for projects and Writers to withdraw money as it is earned.
  3. Via the Website, email campaigns generated by Essay Supermarket and other promotions generated by Essay Supermarket, certain information is provided about services as well as other information such as guides and resources. Essay Supermarket may add, delete or modify some or all of EssaySupermarket's Services and information at any time without giving notice.

User name and password

  1. Users are responsible for maintaining the confidentiality of their user name and password, and are fully responsible for all activities that happen as a result of failure to do this.
  2. Users will immediately notify Essay Supermarket of any unauthorised use of the User's password, user name, e-mail, or any breach of security they become aware of that may affect the integrity of the Website.

Scope of services

  1. Essay Supermarket provides a venue for Customers to post projects and search for Writers, and for Writers to showcase their abilities and bid on Customers' Projects, in consideration for a fee.
  2. Writers may quote their own fee at the time of bidding but should be aware that Essay Supermarket will deduct 50% commission from this, and are therefore advised to make allowances for this fact when quoting for a project.
  3. Essay Supermarket introduces Customers and Writers and provides the means to connect them in completing their transaction.  Essay Supermarket is not a party to any contract for any purchase and sale of Services on the Website. Essay Supermarket does not control transactions between Writers and Customers. Accordingly, Essay Supermarket does not set, nor endorse:
    1. prices quoted by Writers, contract terms between Writers and Customers, quality, conformance or legality of the Services advertised or offered
    2. the ability of Customers to offer the project or to be subject to any other type of working relationship; or
    3. the ability of Writers to offer services and/or to perform them accordingly.
  4. Essay Supermarket cannot and does not control whether any Customer will complete the payment they offer and to mitigate risk, it is therefore advised that Escrow Services are always used.
  5. Essay Supermarket is not responsible for any transaction and/or contact, or the result of any such transaction and/or contact made by/between Users.  
  6. In the event of a dispute however, the Essay Supermarket team will attempt to mediate between Customer and Writer to reach a satifactory conclusion (the "Dispute Resolution Service").
  7. Essay Supermarket will not be obligated to keep work submitted by Writers on its servers for more than 30 days from the day of submission to the Customer.

Escrow and payment services

  1. Where requested to do so, Essay Supermarket will collect the payment from a Customer and send the payment (less our commission) to the applicable Writer ("Payment Service").
  2. Once a Customer instructs to pay a Writer that produced work on a project for them, the Customer is representing that the Writer has completed the work fully and satisfactory and acknowledges that this approval constitutes an irrevocable instruction to Essay Supermarket to pay the Writer.
  3. Users acknowledge that, although Escrowed Funds are kept in a separate account from Essay Supermarket's own internal funds, Escrowed Funds exist in a pooled fund alongside other funds escrowed with Essay Supermarket by other Users.
  4. If the Customer and the Writer choose to use the Escrow Service, then once the Customer indicates their approval through the Website to disburse the Escrowed Funds, Essay Supermarket will disburse the Escrowed Funds to the appropriate Writer.
  5. If the Customer does not approve of the work and mediation by EssaySupermarket's team is necessary through the Dispute Resolution Service, the Customer and the Writer agree to be bound by whatever decision Essay Supermarket make following a full review of all the pertaining facts (as described below under 'Dispute Resolution Service').
  6. By using Essay Supermarket for the Escrow Services, Users are expressly acknowledging that Essay Supermarket is not acting in a fiduciary capacity for either Customer or Writer.
  7. Users agree and acknowledge that the Escrow Services are being provided to them administratively.

Dispute Resolution Service

  1. Essay Supermarket offers Dispute Resolution Services to Users that have elected to use the Escrow Service and have dispute over a work that is:
    1. produced as a result of a project posting by a Customer through the Website,
    2. that was bid on by a Writer through the Website for that posting and
    3. where the bid was accepted through the Website by the Customer.
  2. Users understand that the Dispute Resolution Service is being provided to them administratively as a benefit of using the Website and of using the Escrow Services.
  3. Users agree and acknowledge that
    1. Essay Supermarket is not providing legal services,
    2. Essay Supermarket will not advise Users regarding any legal matters and
    3. if Users would like to have legal advice, they will seek independent legal advice from a practitioner licensed to practice law in England and Wales and not rely on Essay Supermarket for any such advice.
  4. Users agree to indemnify and hold harmless Essay Supermarket and any of Essay Supermarket's employees or affiliates against any damages or liability they may suffer as a result of the User making use of the Dispute Resolution Service.
  5. If Users do not agree to use the Dispute Resolution Service under these terms, they should not elect to use them or the Escrow Services.
  6. In the event of any dispute between a Customer and a Writer relating to work, either Customer or Writer may submit the dispute to binding arbitration, using the 'Dispute' button on the relevant project page.
  7. Essay Supermarket, or third-parties that Essay Supermarket may refer a dispute to in its sole discretion, will act as the arbitrator in any dispute between a Customer and a Writer.
  8. For the purpose of the Dispute Resolution Service, the Essay Supermarket team shall consider the original project posting, a Writer’s bid and any changes, amendments or related communications that have been conducted through the Website.  Users acknowledge and agree that Essay Supermarket will only consider the arrangement entered into between Customer and Writer through the Website and will not consider any external messages or documentation however sent.  Users are therefore strongly advised to avoid contact outside of the Website.
  9. Essay Supermarket shall, in good faith, have the right to construe any agreement based on Customer's and a Writer’s current and previous course of dealing.
  10. In reaching its decision, Essay Supermarket shall only be obligated to consider the following:
    1. the project posting,
    2. the parties course of dealings in this transaction or previous transactions, as evidenced by activity on or communications through the Website,
    3. the actual work itself and
    4. any information or communication that both Customer and Writer agree should be considered.
  11. Essay Supermarket shall provide a decision within seven business days of submission of a dispute. During this time, the Users concerned are encouraged to continue to negotiate an amicable settlement. In the event that the Users are able to reach a settlement, the User that initiated the dispute will notify Essay Supermarket of the settlement, and Essay Supermarket shall terminate the Dispute Resolution Process.
  12. Users agree that the decision of Essay Supermarket, acting as an arbitrator, will be final and binding. Accordingly, after Essay Supermarket has provided a decision, it will disburse Escrowed Funds from Essay Supermarket's escrow account in accordance with Essay Supermarket's decision.
  13. In the event that a User is the prevailing party in its arbitration decision, that User agrees that they shall have no right to or title in the work that is the subject matter of the dispute. In such case, they agree to destroy any electronic or physical copies that they have.
  14. Essay Supermarket reserve the right to charge an initial fee for raising a dispute through the Dispute Resolution Service to cover its administrative costs.  Any fee paid by the User who Essay Supermarket rules in favour of, will be refunded to that User.
  15. By continuing to use the site as a Visitor, Customer or Writer, it is acknowledged that, in consideration of Essay Supermarket's agreement to provide Escrow Services and Dispute Resolution Services, Essay Supermarket, its employees and affiliates are released from any damage or liability whatsoever in relation to Users' engagement with a Writer or a Customer, and further agree to indemnify Essay Supermarket, its employees and affiliates from any and all damages or liability that Essay Supermarket may incur including legal fees and costs in connection with Essay Supermarket's provision of Services to the User, including but not limited to the Escrow Services and Dispute Resolution Services.

Feedback

  1. A fundamental feature of the Website is that it showcases public feedback from Customers and from Writers with whom Writers and Customers have dealt with previously, where they have used the payment services provided on the Website. 
  2. Users agree to receive feedback from Customers or Writers, as the case may be. 
  3. Users acknowledge that feedback left for them may consist of comments and ratings left by other Users and that Essay Supermarket may calculate an aggragate feedback score based on these individual ratings. Essay Supermarket reserves the right to calculate this score as it sees fit provided that the same algorithm is applied to all Users.
  4. Writers agree to be rated by Customers along several criteria, as determined by Essay Supermarket. 
  5. Essay Supermarket provides its feedback and rating system as a means through which Users can express their opinions publicly, and Essay Supermarket does not monitor or censor these opinions or investigate any remarks posted by Users for accuracy or reliability unless a User brings the posting to Essay Supermarket’s attention and Essay Supermarket in its sole discretion agrees to remove the remarks.
  6. Users acknowledge and agree that they may be held legally responsible for damages suffered by other Users or third parties as a result of these remarks if a court finds that these remarks are legally actionable or defamatory. Essay Supermarket shall not be responsible for any feedback or comments posted or made available on the Website by any Users or third parties, even if that information is defamatory or otherwise legally actionable.
  7. Users agree to report violations or abuses of Essay Supermarket rating and feedback system immediately by contacting Essay Supermarket at admin AT essaysupermarket.com, and agree not to take any action that undermines the integrity of the feedback system, including but not limited to the following:
    1. Leaving feedback or information that is not directly related to transactions conducted through Essay Supermarket.
    2. Leaving fake feedback for oneself or for another User such as using for example a secondary username in order to artificially raise the level of own feedback or create negative feedback for another User.
    3. Making feedback threats such as demanding another User to perform a task by threatening to leave negative feedback or withholding work or funds until another User agrees to leave positive feedback or no feedback.
    4. Soliciting for feedback such as offering to sell or buy services in exchange for good feedback, trading feedback undeservedly or buying feedback.
    5. Posting feedback that contains unsolicited advertising.
    6. Posting feedback that contains language that is profane, vulgar, racist or contains adult material. Insulting or inflammatory feedback is strongly discouraged but will only be removed at the sole discretion of Essay Supermarket with the overriding goal of keeping the feedback system accurate.
    7. Posting feedback in violation of Essay Supermarket’s eligibility requirements.
    8. Posting feedback having conducted any fraudulent transaction.
    9. Participating in a Essay Supermarket transaction with the intent of leaving feedback as part of a campaign to harass Essay Supermarket member(s).
  8. Essay Supermarket will further remove feedback where it is provided with a ruling or settlement agreement from a valid and certified dispute resolution service, or is provided with a court order finding that the disputed feedback is slanderous, libelous, defamatory or otherwise illegal.

System security

Users may not use any device, software or routine, including but not limited to any viruses, trojan horses, worms, time bombs, cancelbots or denial-of-service attacks, intended to damage or interfere with the proper working of the Website or any transaction being conducted on Essay Supermarket site, or to surreptitiously intercept or expropriate any system, data or personal information from the Website. Users may not take any action that imposes an unreasonable or disproportionately large load on Essay Supermarket infrastructure, including but not limited to "spam" or other such unsolicited mass emailing techniques.

Information posted on the Website

  1. Users are solely responsible for information that they post on Essay Supermarket Website, including but not limited to any posting or listing in any public message area or through any email feature.
  2. Users agree that any materials, including questions, comments, suggestions, ideas, plans, notes, drawings, examples and samples, original or creative materials or other information provided by the User in the form of e-mail or submissions to Essay Supermarket, or postings to or on the Website, are non-confidential and Users grant Essay Supermarket a non-exclusive, worldwide, perpetual, royalty free, irrevocable and fully sublicensable right to exercise all copyright and publicity rights with respect to this information, including the right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such materials and information throughout the world without acknowledgment to the User in Essay Supermarket's sole discretion and without compensation to Users, all in connection with providing the Essay Supermarket Services as offered on the Website and as set forth in these terms.  This licence does not apply to the work that Users have order through the website, the copyright of which belongs solely to the User who placed and paid for the work ordered.
  3. Users' information must not:
    1. infringe any third party's rights, including but not limited to intellectual property, publicity or privacy;
    2. be defamatory, trade libelous, threatening or harassing; nor
    3. be obscene, indecent or contain pornography;
    4. be misleading (for example, detailing qualifications that a Writer does not have).
  4. Essay Supermarket does not endorse any information posted by Users and is not liable for any such information posted on Essay Supermarket site, including but not limited to any information posted about any particular user and information posted on Writers' profiles and portfolios.
  5. Essay Supermarket reserves the right to take any action with respect to information posted on Essay Supermarket site which it believes is appropriate in Essay Supermarket's sole discretion with respect to such information, including but not limited to termination of these terms. However, Essay Supermarket cannot, nor does, control the information provided by Users or other content providers which is made available through Essay Supermarket system. By its very nature, other people's information may be offensive, harmful, inaccurate, or in some cases may be mislabeled or deceptively labeled. Information on the Essay Supermarket Website is provided "as is" and may contain technical inaccuracies or typographical errors.
  6. The Website may contain links to third-party web sites not under the control or operation of Essay Supermarket. When Essay Supermarket provides links, it does so only as a convenience and does not endorse and is not responsible for the content of any linked site or any link contained in a linked site.
  7. Unless a User selects and pays for the right to make a project private, the project title and description together with any attachments will be visible. If a User selects and pays for a project to be made private, only the project title and specifics will be visible. The description and attachments will be hidden. Only Writers who the Customer chooses to invite to bid will then be able to view the description and attachments.
  8. Essay Supermarket will not be held responsible for any damage or liability whatsoever that occurs as a result of Users posting projects on its website to the fullest extent permitted by law.

Relationship and obligations of parties

  1. Essay Supermarket provides Services for Visitors and Users. All parties are independent contractors with respect to all matters arising out of these terms. No User shall be considered the employee, agent, partner or joint venturer of Essay Supermarket and Essay Supermarket shall not be considered the employer, partner or joint venturer of any User.
  2. Users agree and understand that Essay Supermarket is simply acting to introduce Customers and Writers, to receive and process payment for Writers services from Customers, and to act as an arbitrator in the event of a dispute, if the parties elect to use such services.
  3. Essay Supermarket is under no obligation to ensure the timeliness, accuracy, completion or workmanship of any project Users give to a Writer.
  4. Users agree that Essay Supermarket, by providing the services described in these terms, does not accept liability as an employer - either singularly or jointly - of any Writer and that the employment/independent contractor status of any Writer as such status pertains to such Writer' relationship with a Customer is solely determined by an agreement between the Writer and Customer.
  5. Users agree and understand that Essay Supermarket will not in any way be involved in the terms and conditions of a User's employment or contracting arrangement with any Writer or Customer, and that any services for which a Customer engages a Writer are provided by and under separate agreement between the Customer and the Writer.
  6. Essay Supermarket is not responsible for and will not control the manner in which a Writer operates and is not involved in the hiring, firing, discipline or working conditions of the Writer.
  7. Essay Supermarket will not provide any Writer with any materials or tools with which to complete any projects for which a User engages a Writer.
  8. Any problems, complaints or questions regarding the work environment, performance or other terms and conditions of employment and/or contracting must be resolved by and between Writer and Customer.
  9. Users agree that they will abide by any and all applicable non-discrimination, employment, tax and other applicable statute(s), regulation or common law.
  10. Users agree to hold harmless and indemnify Essay Supermarket for any and all liability arising from a violation of any relevant statute, regulation or common law.
  11. Users agree that Essay Supermarket may suspend or cancel their account if it believes that a User has violated these terms, any of Essay Supermarket's rights or those of another party.
  12. Without limiting Essay Supermarket's other remedies, Essay Supermarket will suspend or terminate Users' accounts and refuse to provide any Services if they become aware that
    1. a User has breached any terms and conditions of the Terms of Service or the Privacy Policy;
    2. Essay Supermarket are unable to verify or authenticate any information a User has provided to them; or
    3. Essay Supermarket believe that a User's actions may cause legal liability for that User, for other Essay Supermarket Users or for Essay Supermarket.
  13. Once suspended or terminated, Users may not continue to use the Essay Supermarket service under a different account or re-register under a new account.
  14. In addition, violations of the Terms of Service and the Privacy Policy may be prosecuted to the fullest extent of the law and may result in additional penalties and sanctions.
  15. Essay Supermarket reserves the right to terminate any User or project for any reason, at its sole discretion and to refuse to provide registration and membership to such User in the future.
  16. Essay Supermarket will notify Users if it cancels their membership, unless in Essay Supermarket's judgment giving notice would cause a risk of further violation or damages. However, Essay Supermarket will notify Users that their account will be canceled if the law requires such notification.
  17. When a User's membership is canceled, they may no longer have access to data, messages, files and other material that they have kept on the Website.

Payment terms

  1. Customers are solely responsible for submitting the Payment due to a Writer for the completion of an assignment.
  2. The parties may select that the Payment will be transferred directly from the Customer to the Writer, or to use the Escrow Services.
  3. If the parties agreed to use the Payment Services and the Escrow Services, and if a Customer reasonably disputes any invoice amount, it must pay all undisputed amounts within the time frames specified above and the parties will cooperate to verify any disputed amounts.
  4. Essay Supermarket agrees that any payment amounts reasonably disputed by a Customer will not be payable to a Writer until such dispute is resolved.
  5. If a Customer has submitted payment to Essay Supermarket and such payment amount is then reasonably disputed by such Customer before Essay Supermarket has disbursed the disputed amount to a Writer, Essay Supermarket agrees, at customer's written request, to hold such Payment on behalf of Customer until the dispute is resolved.
  6. The Customer hereby agrees and acknowledges that paying any payment constitutes their acknowledgement of completion of all work covered by such payment and the quality, accuracy and thoroughness of such work.
  7. Writers are responsible for payment and reporting of any taxes.
  8. Essay Supermarket is not obligated to determine the applicability of any taxes or to remit.
  9. In the event of nonpayment by a Customer of any payment amount when due, which has not been reasonably disputed by such Customer (even where such non-payment occurs on account of its bankruptcy or insolvency), Essay Supermarket may suspend providing Services pursuant to these terms to such Customer and/or the Writer it engaged until such time as the past due payments have been paid in full.
  10. In the event Essay Supermarket stops providing Services pursuant to this section, Essay Supermarket shall not be penalised for delays and shall incur no liability to Users caused by such cessation.
  11. Essay Supermarket reserves the right to seek reimbursement from a Writer, and such Writer will reimburse Essay Supermarket, if Essay Supermarket discovers erroneous or duplicate transactions, or Essay Supermarket receives a charge-back from any Customer's credit card issuer, or any other payment method, for any reason.
  12. Essay Supermarket may obtain such reimbursement by charging the applicable Writer' account, deducting amounts from future payments owed to the Writer, charging such Writer' credit card or obtaining reimbursement from such Writer by any other lawful meanings.

Termination

  1. This Agreement shall become effective upon the execution hereof by the parties, as described above, and shall continue until terminated.
  2. Unless otherwise agreed to in writing between the parties, either party may terminate the Service at any time, with or without cause, upon notice to the other party.
  3. In such event,
    1. Essay Supermarket shall continue to perform the Service necessary to complete any payment process or other process already set into motion; and
    2. The User shall continue to be obligated to pay all Writers for any project for which they have engaged them, and
    3. Essay Supermarket shall close the User's account.

Privacy and confidentiality

Use of the Website and the services provided is governed by the terms of these terms and the Essay Supermarket Privacy Policy. Both the terms and Privacy Policy are posted on the Website and may be updated from time to time. If at any time a Visitor/User is not in compliance with the Privacy Policy, Essay Supermarket has the right to terminate their rights of use and access to the Website and to terminate these terms. Essay Supermarket may be required by law to disclose information to government authorities, law enforcement agencies or third parties upon receipt of a valid court order, and Users authorise Essay Supermarket to disclose information as it believes, in Essay Supermarket sole discretion, is necessary or appropriate. 

General

  1. Users acknowledge that any decision to use the Services is made on their own initiative and agrees that Essay Supermarket, its employees and affiliates are in no way to be held liable for any decision to use its services that may be in contrary or in breach of the Customer's institution or university rules, regulations or guidelines.
  2. These terms together with the Privacy Policy represent the entire terms that exist between Essay Supermarket, its Users and Visitors.
  3. The validity, construction and performance of any Agreement between the Parties shall be governed by the law of England and Wales and shall be subject to the exclusive jurisdiction of the English courts to which the Parties submit.
  4. If any provision of these terms is prohibited by law or judged by a court to be unlawful, void or unenforceable, the provision shall, to the extent required, be severed from the agreement and rendered ineffective as far as possible without modifying the remaining provisions of the agreement, and shall not in any way affect any other circumstances of or the validity or enforcement of the agreement.
  5. Nothing in these terms is intended to exclude or restricts liability for negligence resulting in death or personal injury.
  6. Clause and schedule headings do not affect the interpretation of this agreement.
  7. References to clauses are (unless otherwise provided) references to the clauses of these terms.
  8. In the event and to the extent only of any conflict between these terms and any other document, these terms shall prevail. 
  9. Words in the singular include the plural and those in the plural include the singular, and references to masculine words include the feminine. 
  10. A reference to a particular law is a reference to it as it is in force for the time being taking account of any amendment, extension, application or re-enactment and includes any subordinate legislation for the time being in force made under it. 
  11. References to including and include(s) mean respectively including without limitation and include(s) without limitation. 
  12. A person includes a corporate or unincorporated body. 
  13. Writing or written includes faxes and e-mail.