Terms & Conditions, Refund Policy, Pricing & Promotion Policy.
ATTENTION: This Legal Notice applies to the entire contents of www.mywritingtools.com and the websites associated services including (but not limited to) ALPHAWEB MARKETING AGENCY LIMITED (together the “Website”). This Legal Notice is issued by My Writing Tools Group under ALPHAWEB MARKETING AGENCY LIMITED whose registered office is registered under the Laws of Kenya. The terms of this Legal Notice along with the Privacy Policy (the “Terms”) apply to all:
a) users, members, subscribers, customers and person who visits and use the Website; and (collectively or individually the “Users”).
PLEASE READ THESE TERMS CAREFULLY. Using the Website indicates that you accept the Terms regardless of whether or not you choose to register with us. If you do not accept the Terms, do not use the Website.
1.1 By accessing any part of the Website, you shall be deemed to have accepted these Terms in full. If you do not accept these Terms in full, you must leave the Website immediately.
1.2 When using the Website, you will be subject to any additional posted guidelines or rules including (but not limited to), the “Forum Rules and Guidance”, “Announcements”, “Stickies” or any further guidance (which has been approved by My Writing Tools Group) posted on the Website from time to time by a Moderator relating to a specific activity or feature (together the “Guidelines”). All such Guidelines are incorporated by reference into these Terms.
1.3 My Writing Tools Group reserves the right to revise these Terms (including the Guidelines) at any time by updating them. You should check the Website from time to time to review the then current Terms, because it is binding on you. Certain provisions of these Terms may be superseded by expressly designated Terms or terms located on particular pages of the Website.
2.1 You acknowledge that the Website is owned and operated by My Writing Tools Group. Except as provided in clause
2.2, the copyright and all other intellectual property rights in all material on the Website (including (but not limited to) photographs and graphical images) are owned by My Writing Tools Group or its licensors.
2.2 The copyright and any other intellectual property rights on the database, the design, text, pictures, graphics and the selection and arrangement of them and in all software compilations, coding, source code, software and in all documents and/or other material on the Web Site belongs to Us absolutely or is licensed to Us.
2.3 Users shall retain ownership rights in the text, messages, chat, files, images, photos, video, sounds, musical works, works of authorship or any other materials that they from time to time post or transmit to the Website (the “User-Generated Content”). Any User-Generated Content you post or transmit to the Website shall be considered non-confidential.
By submitting the User-Generated Content you hereby grant:
2.3.1 My Writing Tools Group a permanent, non-exclusive, assignable, royalty free license to display, reproduce, distribute and modify your User-Generated Content.
2.3.2 to all other Users a non-exclusive license to display, reproduce or perform (if applicable) your User-Generated Content solely as necessary for such User to participate in the relevant Website activity or functionality.
2.3.3 You may only download Coursework/essays from Our Website for Your own personal and non-commercial use.
2.3.4 You shall only use the Coursework for research purposes. You shall not pass off or attempt to pass off any Coursework as Your own work. To do so would constitute an infringement of copyright and moral rights and may also breach regulations set out by educational institutions. This will automatically give rights to the owner of such Rights to a legal action against You.
2.3.5 If You believe that the content of Our Web Site or Coursework in any way infringes Intellectual Property Rights belonging to You or any third party, please contact Us immediately.
2.3.6 With respect to the Coursework You elect to post to other publicly accessible areas of the Service, You grant Us the royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Coursework (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed.
2.3.7 You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software ") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
3.1 Any use of the User-Generated Content by Users other than for private, non-commercial research or study is strictly prohibited.
3.2 You are prohibited from posting or transmitting to or from the Website any material:
3.2.1 that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or
3.2.2 for which you have not obtained all necessary licenses and/or approvals; or
3.2.3 which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world; or
3.2.4 which is technically harmful (including (but not limited to) computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data. (together “Inappropriate User-Generated Content”)
3.3 My Writing Tools Group shall fully co-operate with any law enforcement authorities or court order requesting or directing My Writing Tools Group to disclose or identify or locate anyone posting any Inappropriate User-Generated Content.
3.4 My Writing Tools Group accepts no responsibility for actively monitoring any forums contained in the Website for Inappropriate User-Generated Content. You agree that My Writing Tools Group accept no liability whatsoever if My Writing Tools Group so chooses from time to time to edit, restrict or remove the User-Generated Content.
4.1 We shall have the sole discretion to edit, refuse to post or remove any Coursework that is submitted and/or posted to Our Web Site across our Network of Websites.
4.2 You are entirely responsible for all Coursework and other material that you upload, post, email or otherwise transmit via the Service. We shall take all reasonable steps to ensure that the work submitted by You belongs to you and it satisfies our standards. Please note that by submitting work You are declaring that you are the owner of all privileges to that work. However, We act in good faith upon your declaration that you sign when You submit your Registration Data. Under no circumstances will We be liable in any way for any Coursework and / or Submitted Coursework, including, but not limited to, any errors or omissions in any Coursework and / or Submitted Coursework, or any loss or damage of any kind incurred as a result of the use of any Coursework and / or Submitted Coursework posted, emailed or otherwise transmitted via the Service.
4.3 You shall be solely responsible for the content of any piece of Submitted Coursework that You supply and You will ensure that the Submitted Coursework does not contain any inaccurate, misleading and/or offensive information. You guarantee to Us that any Submitted Coursework supplied by You to Us:-
4.3.1 does not infringe any copyright or other personal or proprietary right of any other person or entity;
4.3.2 does not infringe any personal moral rights; and
4.3.3 is not immoral, unlawful, threatening, abusive, defamatory, obscene, vulgar, profane and/or does not cause offence.
4.4 All work that You submit that passes Our validation system will be subsequently submitted along with Your name to plagiarism detection software (a third party company which is hosted in the United States of America). This will protect Your submitted work against abuse from other users. The plagiarism detection software will store Your submitted work for the sole purpose of plagiarism detection, to safeguard Your work against future reproduction.
4.5 With respect to the Coursework You elect to post to other publicly accessible areas of the Service, You grant Us the royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Coursework (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed.
5.1 The site is meant to highlight Kenyan online freelancers. We give high priority to Kenyan content and wish to harmonize the Kenyan Online Industry.
6.1 No part of the Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without The Writing Tool’s prior written consent.
6.2 You agree that you will not:
6.2.1 use the Website for any purpose that is unlawful (including (but not limited to) by hacking) or prohibited by these Terms;
6.2.2 use the Website in such a manner as would, in the sole discretion of My Writing Tools Group, cause harm to the Website or other Users or otherwise interfere with the enjoyment of the Website;
6.2.3 harass, abuse, bully, threaten or defraud another User;
6.2.4 use any robot, spider, scraper or other automated means to access the Website for any purpose;
6.2.5 attempt to gain authorized access to the Website through hacking, password mining or any other means; or
6.2.6 interfere or attempt to interfere with the proper working of the Website.
7.1 Moderators shall be entitled to carry out such day-to-day tasks as are reasonably required for them to carry out their roles (as outlined in the relevant Guidelines), without prior approval from My Writing Tools Group.
7.2 Moderators shall only be entitled to appoint or delegate authority in relation to the Website (for instance (but not limited to) appointment of a Moderator) with the prior approval of My Writing Tools Group.
7.3 Each Moderator undertakes that he shall not at any time:
7.3.1 communicate or otherwise make available to any person, in whole or in part, any information provided by My Writing Tools Group or a User which is marked as confidential or is imparted in circumstances importing an obligation of confidence (for instance (but not limited to) private messages, anonymous posts by Users or posts by Users.
7.3.2 use the Confidential Information in whole or in part for any research, development or manufacture;
7.4 A Moderator shall disclose Confidential Information:
7.4.1 to the extent required by law, by any governmental or other regulatory authority or by a court or other authority of competent jurisdiction provided that, to the extent it is permitted to do so, it gives My Writing Tools Group and, if relevant, the User as much notice of such disclosure as possible; or
7.4.2 to My Writing Tools Group if the Confidential Information is relevant or subject to an investigation by My Writing Tools Group for an alleged breach of these Terms, but only to that extent.
7.5 Each Moderator acknowledges and hereby agrees to adhere to the terms of the Privacy Policy and its obligations under the Data Protection Act 1998 in respect of any personal or sensitive information relating to any person that it may have access to on the Website (or any part of it).
7.6 Each Moderator agrees that they will:
7.6.1 not use the Website or the powers conferred on them by My Writing Tools Group in such a manner as would, in the sole discretion of My Writing Tools Group, cause harm to the Website or other Users;
7.6.2 use all tools, access to the Website (or any part of it) and any other powers or authorities provided or delegated to them by My Writing Tools Group solely for the purposes of carrying out their responsibilities as detailed in The Guidelines, and at all times in good faith;
7.6.3 not unduly undermine or criticize User-Generated Content (including Confidential Information) on the Website; and;
7.6.4 not use User-Generated Content (including Confidential Information) to gain an unfair advantage over a User; and
7.6.5 immediately remove any content from the view of Users as soon as it becomes aware, or could reasonably be expected to be aware, of any User-Generated Content posted in breach of the Terms and assist in any subsequent investigation. If such content appears to be in significant breach of the law, or requires action or investigation from My Writing Tools Group, then in addition, they will immediately notify My Writing Tools Group.
7.6.6 immediately notify My Writing Tools Group in the event the Moderator receives a request from a third party or User requiring or requesting any User-Generated Content to be removed from the Website on grounds it is defamatory, illegal, infringing, in breach of confidence or privacy or otherwise in breach of the Terms and for whatever reason such request is not actioned by you by removing the identical material immediately on receipt.
7.7 My Writing Tools Group may terminate a position of a Moderator immediately without notice for any reason. In such circumstances the Moderator will cease to have access to the Website in its capacity as Moderator. The termination of a Moderator’s position will not affect clause 2, 9, 10 and 11 sub-clauses 6.3 to 6.5, and this sub-clause 6.7
7.8 Each Moderator agrees that they will seek My Writing Tools Group’s guidance if they are in doubt about any of the forgoing provisions of this clause 5.
8.1 Links to third party websites on the Website are provided solely for your convenience. If you use these links, you leave the Website. My Writing Tools Group has not reviewed all of these third party websites and does not control and is not responsible for these websites or their content or availability. My Writing Tools Group therefore does not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk.
8.2 If you would like to link to the Website, you may only do so on the basis that you link to, but do not replicate, any page of the Website, and subject to the following conditions:
8.2.1 you do not remove, distort or otherwise alter the size or appearance of My Writing Tools Group logo;
8.2.2 you do not in any way imply that My Writing Tools Group is endorsing any products or services other than its own;
8.2.3 you do not misrepresent your relationship with My Writing Tools Group nor present any other false information about My Writing Tools Group;
8.2.4 you do not otherwise use My Writing Tools Group mark displayed on the Website without express written permission from My Writing Tools Group;
8.2.5 you do not link from a website that you do not have the necessary authority or permission to link from; and
8.2.6 the website you are linking from does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of My Writing Tools Group or any other person or otherwise does not comply with all applicable laws and regulations.
8.3 My Writing Tools Group expressly reserves the right to revoke the right granted in clause 7.2 for breach of these Terms and to take any action it deems appropriate.
8.4 You shall fully indemnify My Writing Tools Group for any loss or damage suffered by My Writing Tools Group or any of its group companies for breach of clause 7.2.
9.1 The Website is not available for any person under the age of 18 or to any member banned, suspended or removed from the Website.
9.2 Each registration is for a single user only. My Writing Tools Group does not permit you to share your user name and password with any other person nor with multiple users on a network.
9.3 Responsibility for the security of your password(s) rests with you.
10.1 The Registration Fee is payable by either M-pesa, credit/debit card or by a PayPal account.
10.2 All online payment transactions are handled by Paypal and the ALPHAWEB MARKETING AGENCY LIMITED ACCOUNTS. If you pay via credit/debit card your payment details will be stored by Paypal's secure servers only for the lifetime of your subscription. We make sure that we are maintaining secure servers to the highest standards of security. We accept no responsibility for an error, omission, negligence of PayPal and other payment platforms that we may use. For full terms and conditions for PayPal follow the contact link on its website: http://www.paypal.com.
10.3 Once your transaction has been completed, You will receive a welcome e-mail from Us confirming your transaction - if you opt to pay via your PayPal Account you will additionally receive email confirmation from PayPal. Your transaction will also appear on your monthly credit card statement (not always the case with PayPal Account - this is dependent on your PayPal account funding). Please keep the above receipts as evidence of your Subscription.
10.4 Your subscription will not be active until Your bank has approved to carry out the transaction.
10.5 All monthly and annual subscriptions to Our service are on an automatically renewing basis. You cannot opt out of this. However, you can cancel your subscription at any time after your initial payment by following the correct procedure on Our site. Your Registration on expiry, will be automatically extended for the same period of time as Your initial Registration and Your credit/debit card will be automatically debited/credited, unless You cancel or We hear otherwise from You in writing.
10.6 Your Subscription with Our Web Site will cease automatically after:
10.7.1 the expiry of the days access, granted by Us to You when we accept Your subscription; or
10.7.2 You cancel your Subscription by credit/debit card, following the correct procedure on the web site. You will always receive a confirmation of cancellation email, please don't assume cancellation has occurred if you haven't received this email, instead contact us to check your membership status for you. Always retain this email as proof of cancellation.
10.8 Billing - You agree to pay all fees and charges that you incur subject to the payment terms that will be disclosed to you at the time you make your purchase. When you make a purchase from us, you must provide us with a payment method. You must be authorized to use the payment method. You authorize us to charge you for the service using your payment method. You will pay service charges in advance.
10.9 Automatic Recurring Billing - Unless and until this Agreement is cancelled in accordance with the terms hereof, you hereby authorize My Writing Tools Group to charge your chosen payment method to pay for the ongoing cost of membership.
10.10 - Subscription fees are NOT refundable if you request to cancel or terminate your membership.
10.11 - Refunds - We will give refunds where they are genuinely deserved e.g. if our site has not delivered what it should have done. We are not however able to give refunds in circumstances that are completely down to user error or lack of attention which include failing to cancel your subscription before your renewal date, having two subscriptions and only cancelling one, creating additional accounts and subscriptions without cancelling existing ones.
We are unable to refund payment unless:
(a) we are unable to fulfil your subscription.
(b) there are exceptional circumstances, which we will assess on a case by case basis. If we then decide that exceptional circumstances apply we may, at our reasonable discretion, give you a proportionate refund;
We do however commit to being completely fair and reasonable in deciding whether to give refunds or not. If you wish to apply for a refund, then please contact us.
If you have a query about obtaining a refund, please contact our customer services team.
10.12 Cancellation - At any time, and without cause, we may cancel or terminate your access or membership at any time in our sole discretion. You are not entitled to a refund of your subscription fee if you request to cancel or terminate your membership. You are liable for charges incurred by you until termination of service. You are responsible for any charges imposed by your credit card issuing bank for exceeding your account limits or overdrawing your account.
11.1 While My Writing Tools Group endeavors to ensure that the Website is normally available 24 hours a day, My Writing Tools Group shall not be liable if for any reason the Website is unavailable at any time or for any period.
11.2 Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond My Writing Tools Group’s control.
11.3 We reserve the right at any time and from time to time to modify or discontinue, You agree that We shall not be liable to You or to any third party for any modification, suspension or discontinuance of the Service.
12.1 We shall have no Liability in respect of any acts and/or omissions, negligence, by PayPal including but not limited to Liability for the security of information that is passed by You to PayPal.
12.2 We shall use Our reasonable endeavors to ensure the security of Our Web Site. We shall have no Liability where the security of Our Web Site is breached due to acts and/or omissions by You and/or where We have taken all reasonable steps to protect the security and integrity of the Web Site.
12.3 We shall use Our reasonable endeavors to monitor the material on Our Web Site and to ensure that any material that is immoral, unlawful, threatening, abusive, defamatory, obscene, vulgar, profane and/or causes offence is removed from Our Web Site upon receipt of notice of any such material.
12.4 Any postings on the Web Site contain the questions, views, opinions and/or advice of -You and are not Ours.
12.5 We shall have no liability to You for any (including but not limited to):
12.5.1 direct, indirect, incidental, consequential losses or damages;
12.5.2 loss of profits and/or damage to goodwill;
12.5.3 use or inability to Use the Service;
12.5.4 loss of and/or corruption of data or other intangible loss;
12.5.5 transmission of virus and/or any other harmful code;
12.5.6 missed deadlines and/or failed exams;
12.5.7 damages, loss of data due to the network provider failure;
12.5.8 unauthorized access to or alteration of Your Coursework or any other data;
12.5.9 damage to your computer, loss of data resulting to the download of any Coursework from Our Web Site, be it from the result of software viruses, mail bombs, Trojan horses or any other computer code, files or programs designed to interrupt, damage, corrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
12.5.10 conduct of any third party
12.6 Our total Liability to You in relation to any one claim shall not exceed 100% of the initial Registration Fee (excluding automatic renewal fees paid) that You have paid to Us.
12.7 Nothing in these TOS shall exclude or limit Our Liability for death or personal injury due to Our negligence or any Liability which is due to Our fraud or any other Liability which we are not permitted to exclude or limit as a matter of law.
12.8 Nothing in this Contract shall exclude any of Your Statutory Rights as a consumer.
12.9 YOU FURTHERMORE ACKOWLEDGE THAT:
12.10.1 THE USE OF THE SERVICE IS AT YOUR SOLE DISCRETION AND RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES, CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED TERM OF MERCHANTABILITY, SATISFACTORY DESCRIPTION AND QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND ANY TERM AS TO THE PROVISION OF SERVICES TO A STANDARD OF REASONABLE CARE AND SKILL OR AS TO NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS.
12.10 WE MAKE NO WARRANTIES THAT:
12.10.1 THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE;
12.10.2 THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE;
12.10.3 ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
12.10.4 My Writing Tools Group does not warrant the accuracy and completeness of the material on the Website (including the User-Generated Content). My Writing Tools Group may make changes to the material on the Website (including User-Generated Content), or to the products and prices described in it, at any time without notice. The material on the Website may be out of date, and My Writing Tools Group makes no commitment to update such material.
12.10.5 The material on the Website (including the User-Generated Content) is provided "as is", without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, My Writing Tools Group provides you with the Website on the basis that My Writing Tools Group excludes all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law) which, but for these Terms, might have effect in relation to the Website (including the User-Generated Content).
13.1 My Writing Tools Group, any other party (whether or not involved in creating, producing, maintaining or delivering the Website), and any of My Writing Tools Group’s companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with the Website (including the User-Generated Content) in any way or in connection with the use, inability to use or the results of use of the Website (including the User-Generated Content), any websites linked to the Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing the Website (including the User-Generated Content) or your downloading of any material from the Website (including the User-Generated Content) or any websites linked to the Website.
13.2 Nothing in these Terms shall exclude or limit My Writing Tools Group’s liability for:
13.2.1 death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977); or
13.2.2 fraud; or
13.2.3 misrepresentation as to a fundamental matter; or
11.2.4 any liability which cannot be excluded or limited under applicable law.
11.3 If your use of material on the Website (including the User-Generated Content) results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
YOU AGREE TO INDEMNIFY AND HOLD US AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS,, AND OTHER PARTNERS AND EMPLOYEES, HARMLESS FROM ANY LOSS, COSTS, CLAIMS OR DAMAGES OF WHATSOEVER NATURE, FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF COURSEWORK YOU SUBMIT, POST TO OR TRANSMIT THROUGH THE SERVICE, YOUR USE OF THE SERVICE, YOUR CONNECTION TO THE SERVICE, YOUR VIOLATION OF THE TOS, OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER.
These Terms shall be governed by and construed in accordance with English Law. Disputes arising in connection with these Terms shall be subject to the exclusive jurisdiction of the English courts.
13.1 We may terminate this Agreement immediately if You at any time:
13.1.1 breach the TOS; and/or
13.1.2 are suspected and/or found to be guilty of plagiarism or infringement of copyright in relation to any material provided by Us to You.
13.2 Either party may terminate this Agreement for any reason
13.2.1 for Us by giving you a 30 day written notice
14.1.1 The fee for the Personal Statement Review is payable by either credit/debit card or by a PayPal account.
14.1.2 All online payment transactions are handled by Paypal and ALPHAWEB MARKETING AGENCY BANK ACCOUNTS. We
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