- This website https://www.pub-sure.com/ (“Site”) is owned and operated by Cactus Communications Group. Any references to "we," "us," "our," "I" refer to Cactus Communications Group. The Services are wholly offered and provided by Cactus Communications.
- The term you or your or client or customer refers to the customer who avails or intends to avail the services offered on this website subject to these T&Cs
- The term source documents refers to the articles, manuscripts, , papers, academic papers, theses, dissertation documents, pictures, etc. which are submitted to us for rendering the final product. The term Final product refers to the end product / report which is created based on the source files provided by you or assistance we provide in introduction between Authors and Journal Editors/ Publishers.
- The term Journal Editors/ Publishers refers to Publication Houses which will have access to your source documents and/ or final product for determining whether the source file and/or final product is fit for publication in their respective products like journal/ magazines etc.
- Your continued use and access of this Site indicates that you have read, understood, and accepted the T&Cs. If you do not want to be bound by the T&Cs, you agree to immediately discontinue your use of this Site.
Purpose of This Site and the Content Therein
- All the information presented on this Site (“Content”) is for informational purposes only and does not create a business or professional services relationship between us. A service relationship may be established when you place a request for the Services and the same is accepted by us.
- We reserve the right to undertake all necessary steps to ensure that the security, safety, and integrity of our systems as well as its users' interests are and remain, well–protected. Towards this end, we may take various steps to verify and confirm the authenticity, enforceability, and validity of service orders placed by you.
Fees and Invoicing
- We will issue you a valid invoice in respect of each service. We will notify you as soon as the deliverable is ready for download. Except as specified herein or in the Order Form (i) fees are based on the Services requested / purchased irrespective of actual usage/ download of the final product, (ii) payment obligations are non-cancellable.
- In case you’ve opted for our services, depending upon the type of service, you will be required to make the payment either prior to availing the service i.e. pre-paid or within (7) days from the invoice date.
- You hereby grant us rights to use your information to follow up on all or any outstanding invoices payable to us.
- We may send out communication (written or verbal) to update you on completion of payment cycle for the outstanding invoices.
- In case your invoices are outstanding /overdue for more than 30 days, we may block your account and restrict you from accessing our services until the full payment is made for the outstanding invoice.
- There may be multiple payment gateways mentioned on our website through which you can make payment for the services. However we are not liable for any damage that you may suffer on the account of an error or default on the part of any payment gateway/s listed on our website.
- Payment shall be made: (a) in full without set-off, counterclaim or withholding of any kind (save where and to the extent that this cannot by law be excluded); (b) in the currency mentioned in the order confirmation (quotation); and (c) any foreign exchange conversion charges or any other charged levied by the bank or payment gateway are to be borne by the customer.
- You are responsible for providing complete and accurate billing and contact information to us and notifying us of any changes to such information.
- Billing Dispute: If you have any disputes with regards to billing, such disputes shall be governed by the provisions of this clause:
- You agree that all Invoices raised by us are valid and payable except to the extent of a valid billing dispute you raise with us in accordance with the provisions of this clause. Except to the extent of the disputed amount, you agree that the invoices would be valid and payable. Further you undertake to pay such undisputed amount in accordance with the provisions of "Fees and Invoicing” clause.
- To raise a valid billing dispute, you must (i) make a good faith request by writing to us on firstname.lastname@example.org to investigate the specific charges or invoice, providing at the same time specific evidence which demonstrates that a particular charge or invoice is incorrect; and (ii) make any such request to us within 3 days from date of the relevant invoice.
- On receiving good faith dispute request from you, we will conduct investigations which are reasonably necessary and appropriate to substantiate the matter. At the end of these investigations, you will pay the outstanding amount, if any, with interest at the rate of 12 % p.a. from the date of which the amount would have been due to the date of actual payment.
- You will be eligible for a refund only is case our services falls short of the description of the service provided to you prior to you availing our services. You are requested to, write to us on email@example.com within 3 days from the delivery of service asking for rework of the service rendered to you. If the quality delivered fell short of the service promise, we will rework the assignment for free.
- The rework request must specifically outline all questions and concerns about possible errors or omissions so that our experts may address, respond to, and/or correct any areas of concern on your behalf as quickly and professionally as possible.
- Cancellation request will be accepted only if we have not commenced work on your assignment. Cancellation request is applicable only for Pub Sure Connect services.
- Refunds will be made by the same mode in which payment was made. Cash refund would be made to the same bank account from which the original payment was made. The charges for receiving the money, if any, will be borne by you.
- Refund will be made within 5 working days from the date the on which refund becomes due. For credit card payment cancellation, cancellation is made up to Payment Gateway service provider.
- In cases where you claim a charge back from the credit card company your access to your account will be immediately stopped until resolution of the dispute.
- The Content presented on this Site (including but not limited to text, design, software, graphics, audio, video, HTML code, and data) is protected by copyright law, patent law, trademark law, and other applicable intellectual property laws and is the exclusive property of us. You agree to follow all instructions on this Site limiting the way you may use the Content.
- We reserve all rights to this Site and its Content. This Content may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way whatsoever, without our prior written consent. You may use the Content for your limited personal and non-commercial purposes in accordance with applicable law governing intellectual property rights. You may download and print one copy of any Content expressly specified as available for download solely for your personal, non-commercial use. Provided however, that you hereby agree not to modify the Content so downloaded, in any way whatsoever and that you shall not alter any copyright, trademark, and other proprietary notices or symbols attached/affixed to such Content. Any other use or modification of the Content without our prior written authorization is expressly prohibited.
- Trademarks, logos, and service marks displayed on this Site are our sole and exclusive property. Nothing contained in this Site shall be construed as conferring any license or right to any copyright, trademark, logo, service mark, or other proprietary interest of us or any third party.
- You own the copyrights of the source material you provide us for availing the services and have authorized us to use the source material for rendering the services envisaged by you from us.
- In cases where the copyrights are not owned by you or you do not have the necessary rights to authorize us to use the source material, you undertake to obtain necessary permissions on behalf of us and to authorize us to make use of such source material.
- You agree to indemnify us in case any third party claims infringement of Copyright in the final product created by us or any other third party claims resulting out of breach of these Terms & Conditions by you.
- You hereby agree that access to certain areas of this Site may be available only to registered users. To become a registered user, you may be required to provide us certain information. You hereby represent and warrant that all information supplied to the Site is true, complete, and accurate.
Use of the Site
- You hereby agree not to use contact information provided on the Site for any unauthorized purposes, including but not limited to marketing. You shall not use any hardware or software intended to damage or interfere with the proper working of the Site or to surreptitiously intercept any system, data, personal information, or Content on the Site. You agree not to interrupt or attempt to interrupt the operation of the Site in any manner whatsoever. We hereby reserve the right, in our sole discretion, to limit or terminate your access to or use of the Site at any time without notice to you.
- You agree and undertake to use the Site appropriately. By way of example, and not as a limitation, you agree and undertake that when using the Site, you will not:
- Upload source files that infringes any patent, trademark, copyright, or other proprietary/intellectual property rights of another person or Post information that belongs to another person and to which you do not have any rights to;
- Upload source files that contain viruses, Trojan horses, worms, keystroke loggers, spyware, adware or corrupted files, or any other computer code, files or programs designed to interrupt, destroy, harm, or limit the functionality of the Site or another user's computer, computer system/network/database or user’s data or software;
- Upload source files that threatens the unity, integrity, defence, security, sovereignty, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offense or is insulting any other nation;
- Post information that harms minors
- stalk, or otherwise violate the legal rights of other users
- Post information that infringes any patent, trademark, copyright, or other proprietary/intellectual property rights of another person or Post information that belongs to another person and to which you do not have any rights to
- Post files that contain viruses, Trojan horses, worms, keystroke loggers, spyware, adware or corrupted files, or any other computer code, files or programs designed to interrupt, destroy, harm, or limit the functionality of the Site or another user's computer, computer system/network/database or user’s data or software;
- conduct or forward surveys, contests, pyramid schemes, or chain letters on the Site;
- download any file Posted by another user that you know, or reasonably should know, cannot be legally distributed in such a manner;
- Post any information that deceives or misleads the addressee about the origin of such messages or impersonates another person or communicates any information that is grossly offensive or menacing in nature;
- violate any applicable laws or regulations for the time being in force; or
- make the Site available over a network where it could be used by multiple devices or multiple users at the same time.
- You shall be solely responsible for complying with the laws of the country from which you are accessing this Site and you agree that you will not access or use the information on this Site in violation of such laws. In addition, you may not use this Site:
- In a way that breaches any applicable local, national, or international law or regulation;
- In a way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect; or
- To transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other similar form of solicitation (spam) or any material that you are not authorized to use, disclose, distribute, or share.
- Any usage of the unique ID and password created and provided to you shall be solely for your personal use. You shall not share this with anyone and you would be responsible for any unauthorized access or usage of the same.
- You hereby acknowledge and agree that we reserve the right to:
- limit, deny, or restrict the use or access to the Site in entirety or certain portions of the Site to specific users, including yourself, at its sole discretion;
- reject a user from registering on the Site without assigning any reason thereof;
- suspend/cancel/deactivate any user’s account/registration for any reason that we shall deem fit, or
- delete, edit, or move any Content Posted on the Site for any reason whatsoever.
- Use your name, logo or any other trademark for marketing and promotional activities if you have availed any service(s) from our website. Such usage shall be in a manner that does not derogate your rights in your trademarks, names and logos by us.
- Use your source files uploaded on this platform to analyze, enhance or develop and build services, tools and systems for customers benefits
- We shall maintain complete confidentiality of source files. All our vendors are contractually obliged to maintain strict confidentiality of user data and have agreed not to disclose such confidential information to unauthorized persons. Access to the user data is limited to the person who is in charge or required to work on the document. We also assure compliance with applicable laws concerning the protection of personal information and promise to handle Customer's personal information with great care.
- If you avail Pub-Sure Connect services, you provide your consent to your source files or the final product being accessed by the publication houses to determine whether the source file and/or final product is fit for publication in their respective products like journal/ magazines etc.
Breach of T&Cs
- When a breach of these T&Cs has occurred, we may take all or any of the following actions or any such action as it deems appropriate, including but not limited to the following:
- Immediate, temporary, or permanent withdrawal of your right to use the Site;
- Issuance of a warning to you;
- Initiation of legal proceedings against you for reimbursement of all resulting costs and expenses suffered by us on an indemnity basis (including but not limited to reasonable administrative and legal costs); and
- Disclosure of such information to law enforcement authorities as is reasonably necessary.
- We hereby expressly disclaim all liability for any and all actions taken by us in response to a breach of the T&Cs committed by you.
Changes to the Site and These Terms
- We may alter or modify the features of the Site with respect to different user(s), or change any of the features or introduce new features on the Site without prior notice to any user.
- We reserve the right, at our sole discretion, to change, modify, add, or remove any portion of these T&Cs, in whole or in part, at any time, temporarily or permanently, without notice and without liability, by posting revised terms on the Site. You hereby agree that it is your responsibility to check periodically for any changes made to these T&Cs. Your continued use of the Site after any changes to these T&Cs signifies your acceptance of the updated T&Cs.
- Our website is not intended for use by individuals under the age of 18 years.
- We do not knowingly or intentionally process the personal information of any individual under the age of 18.
- You must not use our website, purchase or attempt to purchase any of our products or services, or submit any personal information to us, if you are under the age of 18.
Disclaimers and Limitation of Liability
- While we will use reasonable efforts to provide reliable Content through this Site, we do not warrant that this Site is free of inaccuracies, errors, and/or omissions. This Site may contain certain historical information, which is provided for your reference only. We reserve the right to modify the Content presented on this Site at any time, without notice to you.
- The Site may contain links to other websites ("Embedded Sites"). The Embedded Sites are not under our control and we are not responsible for the contents of any Embedded Site, including without limitation any link contained in an Embedded Site, or any changes or updates to an Embedded Site. We are not responsible for any form of transmission, whatsoever, received by you from any Embedded Site. We are providing these links or allowing users to provide you these links only as a convenience, and the inclusion of any link does not imply endorsement by us of the Embedded Sites or of any information contained in the Embedded Site or any association with the operators or owners of the Embedded Site
- You hereby expressly acknowledge that internet transmissions are never completely private or secure. You understand that any message or information sent by you to us or Posted on the Site may be read or intercepted by others unless there is a special notice that a particular message (for example, credit card information) is encrypted (sent in code). It is expressly clarified that we do not bear any additional responsibility towards you on account of your sending a message to us.
- For the avoidance of doubt, it is clarified that except as otherwise expressly provided in these T&Cs, we make no representations, guarantees, or warranties, written or oral, express or implied, to the user or to any other person or entity regarding the services, the Content on the Site, any hardware, or software.
- Should you have any grievance or complaints in relation to your use of the Site, please contact us, at firstname.lastname@example.org, who shall respond to your grievance within 14 days.
Governing Law/Dispute Resolution
- If any dispute arises between you and us in connection with your usage of our website or any of our services shall be solely resolved by reference to arbitration. The place of arbitration shall be India. The arbitration proceedings shall be in English language.
- These terms and conditions are governed by and shall be construed in accordance with the laws of India and any dispute shall, subject to the arbitration clause specified above, exclusively be subject to the jurisdiction of the appropriate Courts situated at Mumbai.
Applicable Only for Institutional Clients
In addition if you are an institutional client you agree to abide by the following conditions:-
- use the Service only in connection with classes offered in its own curriculum, to its own students (“Students”) for the purpose of submitting Student work for evaluation and shall not rent, lease or provide access to or benefits from the Service to any other institution or individual;
- use reasonable efforts to retain the confidentiality of any Service passwords;
- not make statements to its Students that Institution is using the Service in a given class when such class is not registered (Note: even within a particular class using the Service, for purposes of fairness and equal application, We strongly recommend requiring Student submission of all papers rather than submission by Instructors only of papers singled out by Instructor);
- consider Turnitin’s strong recommendation that the course syllabus of each course making use of the Service carry a notice substantially to the effect of the following: “Students agree that by taking this course all required papers may be subject to submission for textual similarity review to Turnitin.com for the detection of plagiarism. All submitted papers will be included as source documents in the Turnitin.com reference database solely for the purpose of detecting plagiarism of such papers. Use of the Turnitin.com service is subject to the Usage Policy posted on the Turnitin.com site.” If use of the Service is instituted after distribution of the syllabus, then Institution shall consider Turnitin’s strong recommendation that equivalent written notice is provided by the Instructor to the Students;
SIMILARITY REPORTS AND SOURCE DATABASE. With respect to reports evaluating textual sources (“Similarity Reports”) and the database of source documents (“Source Database”), Institution agrees:
- to maintain any of our notices (including legal notices relating to our proprietary rights (e.g., copyright and trademark notices) and disclaimer on the Similarity Reports;
- to exercise its independent professional judgment in, and to assume sole and exclusive responsibility for, determining the actual existence of plagiarism in a submitted paper under the acknowledgement and understanding that the Similarity Reports are only tools for detecting textual similarities between compared works and do not determine conclusively the existence of plagiarism;
- any disclosure of a Similarity Report to any third party is at the Institution’s own risk; and,
- all papers submitted by Institution and/or its Instructors and Students shall be retained in the Source Database solely for the purposes of using such papers as source material to detect potential plagiarism of such papers in the future, for access by the instructor as an archive of submitted work, and for peer review if the instructor enables such option, except as expressly authorized by Students and/or Instructors.