Terms & conditions   //    Terms of use and disclaimer

Terms and conditions

Not all jurisdictions allow the sale of research papers, reports and other academic writings online. A client who purchases any product/service in this site acknowledges that he/she comes from a jurisdiction where the online sale of academic papers is allowed and further agrees that the product shall not be used to comply with academic requirements.

All orders are placed by completing and submitting the order form to WMP Co.(Writemypaper.net) The order form will contain the set of instructions we need to process your request. The due date for your request, your e-mail address, and the amount payable based on the fee structure of WMP Co., will be specified on your order form (paper quote request form). The default page spacing for any order on the form is double spaced.

The Writemypaper.net Platform provides a marketplace where persons who seek writing to certain requirements Clients can be matched with persons to or through those requirements ("Writers"). Writers and Clients are collectively referred to herein as Users, and each User shall create a User account that enables access to the Writemypaper.net Platform. For purposes of this Agreement, the services provided by Writers to Clients that are matched through the Platform shall be referred to collectively as the Services. Any decision by a User to offer or accept Services is a decision made in such Users sole discretion. Also, any decision by a User to offer or accept a service provider is a decision made in such Users sole discretion at the time the assignee is determined. The terms herein explain your options upon completion of the services. Each Service provided by a Writer to a Client shall constitute a separate agreement between such persons.

Liability of the work completed is transferred from WMP Co. to you (clients) upon completion of services. Such being the case, WMP Co. will no longer be held liable for any violations incurred through the use of our products or services. Writemypaper.net (WMP Co.) has terms of service for writers. Our terms of service, for writers, states that plagiarism will not be tolerated by any writer, we only allow custom work, produced in the process of performing services for clients. Our products may not be sold or reproduced in any form. All products or services you order from WMP Co. will only bear your ownership for research purposes only. The payment made by clients is for the use of our service offerings. It is thus necessary to cite our custom made papers if you intend to use our products as references or citations for your own work. If you request a particularly hard to find area of research, we encourage you to fax or scan us the relevant sources you would like us to use. Please allot one (1) business day to receive this fax or scan.

Clients are entitled to request revisions if the product submitted contains discrepancies. You may request revisions any time within three (3) days after the deadline date. You may request as many revisions as you want within this 3-day period in accordance with your original instructions. If you need to modify or change your initial instructions an additional fee may be applied. Writers have a 5-day maximum turn around time regardless of the original deadline set. Since you can order as many revisions as you need, the 5-day submission deadline for our writers begins anew with each latest revision within the 3-day period. Please be informed that research content open for revisions involves the topic and subtopics covered, not the writing style or format. All coupons for referrals will expire after three (3) months.

Credit card fraud is a federal crime punishable by heavy fines and imprisonment. WMP Co. considers fraud a serious threat to our business and services. We will charge any fraudulent behavior from our clients to the fullest extent of the law. WMP Co., automatically records your computer ID, as well as your ISP provider, as a safety measure for our own protection against fraud. Such information will be used by WMP Co. or other necessary legal entities for prosecution for alleged fraud. Providing false information regarding your card and/or banking account will be considered and prosecuted as fraud as well as deception.

Agreement to Binding Arbitration Between You and Writemypaper.net - YOU AND WMP Co. (Writemypaper.net) MUTUALLY AGREE TO WAIVE OUR RESPECTIVE RIGHTS TO RESOLUTION OF DISPUTES IN A COURT OF LAW BY A JUDGE OR JURY AND AGREE TO RESOLVE ANY DISPUTE BY ARBITRATION, as set forth below. This agreement to arbitrate (Arbitration Agreement) is governed by the Federal Arbitration Act and survives after the Agreement terminates or your relationship with Writemypaper.net ends. ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED.

Disputes With Us - If a dispute arises between you and Writemypaper.net (WMP Co.), our goal is to address your concerns and, if we are unable to do so to your satisfaction, to provide you with a means of resolving the dispute quickly. We strongly encourage you to first contact us directly to seek a resolution by emailing us at sales+resolutions@writemypaper.net. For any claim, Writemypaper.net (WMP Co.) may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. If Writemypaper.net (WMP Co.) elects arbitration, such arbitration will be initiated through an established alternative dispute resolution (ADR) provider, which is to be selected by you from a panel of ADR providers that Writemypaper.net (WMP Co.) will provide to you. 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. All claims you bring against Writemypaper.net (WMP Co.) must be resolved in accordance with the terms of this Agreement. All claims filed or brought contrary to this Agreement shall be considered improperly filed and a breach of this Agreement. Should you file a claim contrary to the terms of this Agreement, Writemypaper.net (WMP Co.) may recover its legal fees and costs (including in-house lawyers and paralegals), provided that Writemypaper.net (WMP Co.) has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim. If any proceeding by or against you is commenced under any provision of any bankruptcy or insolvency law, Writemypaper.net (WMP Co.) will be entitled to recover all reasonable costs or expenses (including reasonable legal fees and expenses) incurred in connection with the enforcement of this Agreement. Writemypaper.net (WMP Co.)'s failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

Eligibility You will not use the Writemypaper.net Website if you: are not able to form legally binding contracts; or are under the age of 16; or a person barred from receiving and rendering services under the laws of Australia or other applicable jurisdiction; or are suspended from using the Writemypaper.net Website. Subject to your local laws, a person over 15 but under 18 can use an adult's account with the permission of the account holder. However, the account holder is responsible for everything done with that account. Users may provide a business name or a company name, which is to be associated with the User's Account. Users acknowledge and agree that where a business name or company name is associated with their Account, this User Agreement is a contract with the User as an individual (not the business or company) and Users remain solely responsible for all activity undertaken in respect of their Account. We may, at our absolute discretion, refuse to register a person or corporate entity as a User.

Indemnity - You will indemnify us (and our owners, officers, directors, agents, subsidiaries, joint venturers and employees) against any claim or demand, including legal fees and costs, made against us by any third party due to or arising out of your breach of this Agreement, or your infringement of any law or the rights of a third party in the course of using the Writemypaper (Writemypaper.net)(WMP Co.) Website and our Services. In addition, we can apply any funds in your Account against any liabilities you owe to us or loss suffered by us as a result of your non-performance or breach of this User Agreement.

You can track your order any time through an Order Reference Number that will be issued to you upon placement of your order. You may not under any circumstances cancel an order that has already been paid. If you request to cancel an order, or cancel an order and request a full refund, that has already been paid for, and started, we will request more info from you and you will be required to verify your identity. If you fail to provide the info we requested, your request for a full refund will be denied and no steps will be taken until we receive the requested information from you. Once you provide the information it is our discretion to determine the validity of the info, the amount you will be refunded, if applicable. Work begins immediately after purchasing the order. In some cases, at our discretion, credits may be offered. Otherwise, we will deliver the order as requested at the time selected by you upon ordering. WMP Co. will not be able to make refunds due to the fact that our products can easily be reproduced. The only money back guarantee we offer is limited solely to missed deadlines due to our own fault and is entirely at our discretion. WMP Co. will not be responsible for delays due to any technical failure (e-mail server, internet service provider, hardware/software problems) in your part.

No Warranty As To Each User's Purported Identity - Because User identification on the internet is difficult, we cannot and do not confirm each User's purported identity. Although, in some cases at our discretion we may. We may provide information about a User, such as a strength or risk score, geographical location, or third party background check or verification of identity or credentials. However, such information is based solely on data that the User submits and we provide such information solely for the convenience of Users and the provision of such information is not an introduction, endorsement or recommendation by us.

No Warranty As To Content On The Website - The Website is a dynamic time-sensitive website. As such, information on the Website will change frequently. It is possible that some information could be considered offensive, harmful, inaccurate or misleading or mislabelled or deceptively labelled accidentally by us or accidentally or purposefully by a third party. Our Services, the Website and all content on it are provided on an 'as is', 'with all faults' and 'as available' basis and without warranties of any kind either express or implied. Without limiting the foregoing, we make no representation or warranty about: the Website or any Seller Services or Writemypaper.net (WMP Co.) Services; the accuracy, reliability, availability, veracity, timeliness or content of the Website or any Seller Services or Writemypaper.net (WMP Co.) Services; whether the Website or Seller Services or Writemypaper.net (WMP Co.) Services will be up-to-date, uninterrupted, secure, error-free or non-misleading; whether defects in the Website will be corrected; whether the Website, the Seller Services or the Writemypaper.net (WMP Co.) Services or any data, content or material will be backed up or whether business continuity arrangements are in place in respect of the Website, Seller Services or Writemypaper.net (WMP Co.) Services; any third party agreements or any guarantee of business gained by you through the Website, Seller Services or Writemypaper.net (WMP Co.) Services or us; or the Website, Seller Services or Writemypaper.net (WMP Co.) Services or infrastructure on which they are based, being error or malicious code free, secure, confidential or performing at any particular standard or having any particular function. To the extent permitted by law, we specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose, quality, suitability and non-infringement.

Content When you give us content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all copyright, trademark, publicity, and database rights (but no other rights) you have in the content, in any media known now or in the future. You acknowledge and agree that: (1) we only act as a portal for the online distribution and publication of User content. We make no warranty that User content is actually made available on the Website. We have the right (but not the obligation) to take any action deemed appropriate by us with respect to your User content; (2) we have no responsibility or liability for the deletion or failure to store any content, whether or not the content was actually made available on the Website; and (3) any and all content submitted to the Website is subject to our approval. We may reject, approve or modify your User content at our sole discretion. You represent and warrant that your content: will not infringe upon or misappropriate any copyright, patent, trademark, trade secret, or other intellectual property right or proprietary right or right of publicity or privacy of any person; will not violate any law or regulation; will not be defamatory or trade libelous; will not be obscene or contain inappropriate material. will not contain the development, design, manufacture or production of sensitive information that is intended to be harmful. will not contain material linked to illegal activities will not include incomplete, false or inaccurate information about a User or any other individual; and will not contain any viruses or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information. You acknowledge and agree that we may transfer your personal information to a related body corporate and your information may be transferred outside of Australia and the EEC-area. If you wish to withdraw your consent, you acknowledge and agree that we may be unable to provide you with access to the Website and Writemypaper.net Services and may close your Account. Information on the Website may contain general information about legal, financial, health and other matters. The information is not advice, and should not be treated as such. You must not rely on the information on the Website as an alternative to professional advice. If you have specific questions about any matter you should consult your professional adviser. We provide unmonitored access to third party content, including User feedback and articles with original content and opinions (or links to such third party content). We only act as a portal and have no liability based on, or related to, third party content on the Website, whether arising under the laws of copyright or other intellectual property, defamation, libel, privacy, obscenity, or any other legal discipline. The Website may contain links to other third party websites. We do not control the websites to which we link from the Website. We do not endorse the content, products, services, practices, policies or performance of the websites we link to from the Website. Use of third party content, links to third party content and/or websites is at your risk.

Limitation Of Liability - In no event shall we, our related entities, our affiliates or staff be liable, whether in contract, warranty, tort (including negligence), or any other form of liability, for: any indirect, special, incidental or consequential damages that may be incurred by you; any loss of income, business or profits (whether direct or indirect) that may be incurred by you; any claim, damage, or loss which may be incurred by you as a result of any of your transactions involving the Website. The limitations on our liability to you above shall apply whether or not we, our related entities, our affiliates or staff have been advised of the possibility of such losses or damages arising. Notwithstanding the above provisions, nothing in this User Agreement is intended to limit or exclude any liability on the part of us and our affiliates and related entities where and to the extent that applicable law prohibits such exclusion or limitation including those within the Competition and Consumer Act 2010 (Cth) and relevant state fair trading legislation. To the extent that we are able to limit the remedies available under this User Agreement, we expressly limit our liability for breach of a non-excludable condition or warranty implied by virtue of any legislation to the following remedies (the choice of which is to be at our sole discretion) to the supply of the Writemypaper.net (WMP Co.) services again or the payment of the cost of having the Writemypaper.net (WMP Co.) services supplied again. Jurisdiction Limitations - As some jurisdictions do not allow some of the exclusions or limitations as established above, some of these exclusions or limitations may not apply to you. In that event, the liability will be limited as far as legally possible under the applicable legislation.

Access And Interference - You agree that you will not use any robot, spider, scraper or other automated means to access the Writemypaper.net (WMP Co.) Website for any purpose without our express written permission. Additionally, you agree that you will not: take any action that imposes or may impose (in our sole discretion, exercised reasonably) an unreasonable or disproportionately large load on our infrastructure; interfere with, damage, manipulate, disrupt, disable, modify, overburden, or impair any device, software system or network connected to or used (by you or us) in relation to the Writemypaper.net (WMP Co.) Website or your Account, or assist any other person to do any of these things, or take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure; copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for your information) from the website's without the prior express written permission of Writemypaper.net and the appropriate third party, as applicable; interfere or attempt to interfere with the proper working of the website's, services or tools, or any activities conducted on or with the website's, services or tools; or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Website.

Bar To Action - We may plead this User Agreement in bar to any claim, action, proceeding or suit brought by you, against us for any matter arising out of any transaction or otherwise in respect of this User Agreement. No Class Actions You and we agree that you and we will only be permitted to bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. Unless both you and we agree otherwise, the arbitrator may not consolidate or join more than one person's or party's claims and may not otherwise preside over any form of a consolidated, representative, or class proceeding. In addition, the arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party's individual claim(s). Any relief awarded cannot affect other Users. Prohibition of Class Actions and Non-Individualized Relief. YOU UNDERSTAND AND AGREE THAT YOU AND Writemypaper.net MAY EACH BRING CLAIMS IN ARBITRATION AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT ON A CLASS, COLLECTIVE ACTION, OR REPRESENTATIVE BASIS. YOU UNDERSTAND AND AGREE THAT YOU AND Writemypaper.net BOTH ARE WAIVING THE RIGHT TO PURSUE OR HAVE A DISPUTE RESOLVED AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE OR REPRESENTATIVE PROCEEDING. NOTWITHSTANDING THE FOREGOING. The arbitrator shall have no authority to consider or resolve any Claim or issue any relief on any basis other than an individual basis. The arbitrator shall have no authority to consider or resolve any Claim or issue any relief on a class, collective, or representative basis.

Right To Refuse Service We may close, suspend or limit your access to your Account without reason. Without limiting the foregoing, we may close, suspend or limit your access to your Account: if we determine that you have breached, or are acting in breach of, this User Agreement; if you under-bid on any Project in an attempt to renegotiate the actual price privately, avoiding fees; if we determine that you have breached legal liabilities (actual or potential), including infringing someone else's Intellectual Property Rights; if we determine that you have engaged, or are engaging, in fraudulent, or illegal activities; you do not respond to account verification requests; you do not complete account verification when requested; you are the subject of a United Nations, Australian, EU or USA sanctions regime, or our banking and payment relationships otherwise preclude us from conducting business with you; to manage any risk of loss to us, a User, or any other person; or for other similar reasons. If we close your Account due to your breach of this User Agreement, you may also become liable for certain fees as described in this User Agreement. Without limiting our other remedies, to the extent you have breached this User Agreement, you must pay us all fees owed to us and reimburse us for all losses and costs (including any and all of our employee time) and reasonable expenses (including legal fees) related to investigating such breach and collecting such fees. You acknowledge and agree that: (1) the damages that we will sustain as a result of your breach of this User Agreement will be substantial and will potentially include (without limitation) fines and other related expenses imposed on us by our payment processors and Users and that those damages may be extremely difficult and impracticable to ascertain; (2) if you breach this User Agreement, we may fine you for each breach and/or we may take legal action against you to recover losses that are in excess of the fine amount; (3) a fine is a presently reasonable estimate or minimum estimate of our damages, considering all currently existing circumstances, including (without limitation) the relationship of the sum to the range of harm to us that reasonably could be anticipated and the anticipation that proof of actual damages may be impractical or extremely difficult; and (4) we may release the entire (or part of the) amount of the fine from your Account to us. If we close your Account for a reason other than as a result of your breach of this User Agreement, unless as otherwise specified in this User Agreement, you will be entitled to receive any payment due from us to you. In the event that we close your Account, you will have no claim whatsoever against us in respect of any such suspension or termination of your Account.

Payments If you are a Writer, you will receive payment for your provision of Services. All service payments are subject to a Writemypaper.net (WMP Co.) Commission, discussed below. Writemypaper.net (WMP Co.) will process all payments due to you through its third party payments processor. You acknowledge and agree that such amounts shall not include any interest and will be net of any amounts that we are required to withhold by law. Commission. In exchange for permitting you to offer your Services through the Writemypaper.net (WMP Co.) Platform and marketplace as a Writer, you agree to pay Writemypaper.net (WMP Co.) (and permit Writemypaper.net (WMP Co.) to retain) a fee based on each transaction in which you provide Services. The amount of the applicable Commission will be communicated to you in a Commission schedule through the Writer portal. Writemypaper.net (WMP Co.) reserves the right to change the Commission at any time in Writemypaper.net (WMP Co.)'s discretion based upon local market factors, and Writemypaper.net (WMP Co.) will provide you with notice in the event of such change. Continued use of the Writemypaper.net (WMP Co.) Platform after any such change in the Commission calculation shall constitute your consent to such change. Pricing. You expressly authorize Writemypaper.net (WMP Co.) to set the prices on your behalf for all Charges that apply to the provision of Services. Writemypaper.net (WMP Co.) reserves the right to change the Fare schedule at any time in our discretion based upon local market factors, and we will provide you with notice in the event of changes to the base amount, requirements, and/or instructions amounts that would result in a change in the applicable charges. Charges may be subject to maximum limits if applicable. Payment Adjustment. Writemypaper.net (WMP Co.) reserves the right to adjust or withhold all or a portion of payments if it believes that (i) you have attempted to defraud or abuse Writemypaper.net (WMP Co.) or Writemypaper.net (WMP Co.)'s payment systems, (ii) in order to resolve a Client complaint (e.g., you took an inefficient route or failed to properly end a particular instance of Services in the Writemypaper.net (WMP Co.) application when based upon the provided instructions). Writemypaper.net (WMP Co.)'s decision to adjust or withhold the payments in any way shall be exercised in a reasonable manner.

Other Disputes With Users - You acknowledge and agree that in the event that a dispute arises between you and another User in relation to any project that you will first attempt to resolve any differences that you have in relation to such Project, including in relation to the quality of the services provided. If you continue to have any difficulties or problems in relation to a dispute with another User in relation to a project we encourage you to contact us via email sales@writemypaper.net. You agree that any dispute that is not related to your order arising between you and another User will be handled in accordance with this clause. Writemypaper.net (WMP Co.) will have full rights and powers to make a determination for all such disputes. Upon receipt of a dispute, Writemypaper.net shall have the right to request the Seller and the Buyer to provide documentation in support of their claim or position in relation to the dispute. You agree that Writemypaper.net has absolute discretion to accept or reject any document provided. You also acknowledge that Writemypaper.net is not a judicial or alternative dispute resolution institution and that we will make the determinations only as an ordinary reasonable person. In addition, we do not warrant that the documents provided by the parties to the dispute will be true, complete or correct and you agree to indemnify and (to the maximum extent permitted by law) hold Writemypaper.net and any of our affiliates harmless against any damages or liability you may suffer as a result of any documentation or material subsequently being found to be false or misleading. In relation to disputes with any other users of the Website, you hereby agree to indemnify Writemypaper.net (WMP Co.) from any and all claims, demands, and damages, actual and consequential, of every kind and nature, known and unknown, that is related to such a dispute, our determinations or the use of the Dispute Resolution Services for Payments and/or for Other Disputes.

Release - If you have a dispute with one or more Users, you release us (and our owners, officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

Right To Review - We may read all correspondence posted to the Website and download or access, and test (if necessary), all uploaded files, programs and websites related to your use of the Website for the purpose of investigating fraud and for risk management and related purposes. Identity / Know Your Customer You authorize us, directly or through third parties, to make any inquiries we consider necessary to validate your identity. You must, at our request: (1) provide further information to us, which may include your date of birth and other information that will allow us to reasonably identify you; (2) take steps to confirm ownership of your email address or financial instruments; or (3) verify your information against third party databases or through other sources. You must also, at our request, provide copies of identification documents (such as your drivers' license). We may also ask you to provide photographic identification holding a sign with a code that we provide as an additional identity verification step. We reserve the right to close, suspend, or limit access to your Account, the Website and/or Writemypaper.net (WMP Co.) Services in the event we are unable to obtain or verify to our satisfaction the information which we request under this section.

Additional Terms - It is important to read and understand all our policies as they provide the rules for trading on the Writemypaper.net(WMP Co.) website. In addition there may be specific policies or rules that apply, and it is your responsibility to check our Help pages and policies to make sure you comply. It is also your responsibility to review any changes made to our terms. Our policies, including all policies referenced in them, are part of this Agreement and provide additional terms and conditions related to specific services offered on our websites, including but not limited to:

Law And Forum For Legal Disputes - This Agreement will be governed in all respects by the laws of Texas, U.S and we reserve the right to choose the state. We encourage you to try and resolve disputes using certified mediation (such as online dispute resolution processes). If a dispute cannot be resolved then you and Writemypaper.net (WMP Co.) irrevocably submit to the non-exclusive jurisdiction of the courts of Texas, U.S and we reserve the right to choose the state.

Grades - We do NOT offer full refunds or partial refunds based on your grade under any circumstances. This also applies to notes or feedback that you receive regarding your grade, score, completion, outcome, and/or rating. It is our discretion to review anything you provide that is subjective. It is your responsibility to review and request any revisions needed. We do offer revisions and you may request revisions according to our revision policy. All revisions must pertain to your initial instructions provided upon ordering and making payment. Revisions must be requested on your order page in the revision section.

Severability - The provisions of this User Agreement are severable, and if any provision of this User Agreement is held to be invalid or unenforceable, such provision may be removed and the remaining provisions will be enforced. This Agreement may be assigned by us to an associated entity at any time, or to a third party without your consent in the event of a sale or other transfer of some or all of our assets. In the event of any sale or transfer you will remain bound by this User Agreement.

Orders paid through money order will not begin until payment is received by WMP Co. All money orders should be made payable to WMP Co. Please taken into consideration mail delivery time when sending money orders. Your credit card account will be managed by PayPal's certified re-seller's Privacy Policy to ensure maximum security for your credit card processing. Information you disclose to WMP Co. regarding yourself and your credit card and/or bank account will only be used in accordance with the terms provided by this Privacy Policy. All information you provide must match the card account records provided by the bank that issued your credit card. Card numbers are transmitted directly to the banking network for authorization and will not be recorded by Writemypaper.net (WMP Co.) We use processing fees for profit. We encourage you to visit http://www.paypal.com for more information. Please note that PayPal is an online merchant.

Disclaimer - WriteMyPaper.net offers professional academic assistance for college paper writing. The papers written by our experts can be used only as references accordingly and should be properly cited in your work.

No refunds - The Products are non-refundable and come with no warranties, expressed or implied. Once an order has been completed, we will not grant a refund under any circumstances, unless specifically stated therein. In certain cases, the Company may provide a refund on its own discretion.