Terms & Conditions

By accessing or using this Site you consent to be bound by this Agreement which governs your access and use of the Site.


You should print a copy of these Terms and Conditions for future reference. Please click on the button marked “I Accept” at the end of these Terms and Conditions if you accept them. Please understand that if you refuse to accept these Terms and Conditions, you will not be able to order any of the Services from the Site.


  1. 1. DEFINITIONS

  2. 1.1 In these terms and conditions the following words are to be interpreted with the following definitions unless otherwise required by the context:

"Agreement" means this agreement between You and Us incorporating these terms and conditions for the supply of the Service and including the Privacy Policy.


“Payment Processors” means those agents duly appointed by Us for the purposes of collecting payment from You for the Service


"Intellectual Property Rights" means all patents, trademarks or names whether or not registered or capable of registration, registered designs, design rights, copyrights, database rights, the right to apply for any of the preceding items, together with the rights in inventions, processes, software, know-how, trade or business secrets, confidential information or any other similar right or asset capable of protection.


"Liability" means the liability for any indirect or consequential loss, damages or expenses, claims, proceedings, actions, awards, expenses, costs and any other losses and/or liabilities howsoever arising;


“Material” means text, diagrams, documents whether electronic or otherwise submitted by the Service User;


“Privacy Policy” means our privacy policy which also governs your access to the Site;


"Service" means the service provided to You by Live Translation which includes, but is not restricted to the provision of translation services;


"Service User" means an individual who applies to use the Service by submitting Material for the Service;


“Translated Material” means the output of the Translator from the Material submitted by the Service User;


“Translator” means the translator who agrees to provide the Service based on the Material submitted by the Service User;


"User" means any person who visits the Site;


"We, Us Our, Live Translation” means Live Translation Limited (Company Number 05633266) whose registered office is situated at 15 Queen Square, Leeds, West Yorkshire LS2 8AF.


"Site" means www.livetranslation.com (or such other URL that We may use to provide the Service from time to time);


"You, Your, Yourself" means the Service User.


  1. 2. ELIGIBILITY

  2. 2.1 By accepting these terms and conditions You warrant to Us that:

      2.1.1 You are over 18 years old;

  3.    2.1.2 You have the authority, right and capacity to lawfully enter into this Agreement and to abide by the terms and conditions of this Agreement.

  4.    2.1.3 You fully understand the contents of this Agreement having read and considered them carefully;

  5.    2.1.4 You own or have the permission from the owner of the Material for its use in connection with the Service and that such use shall not breach any Intellectual    Property rights or any other right of any third party.

  6.    2.1.5 You agree to abide by all relevant local, state, national and international laws and regulations in the use of the Site;

  7.    2.1.6 In the event of any conflict between this Agreement and any other statutory rights then the terms of those rights shall apply but only to the extent of that  conflict.

2.2 If you are unable or unwilling to give the warranties and representations set out in clause 2.1 above then you must NOT proceed to use the Site or the Services.


3. BASIS OF THE CONTRACT


3.1 This is a legally binding Agreement between You and Us for the provision of the Service.


3.2 These conditions shall govern the Agreement between You and Us in preference to any other terms or conditions and You agree to abide by these terms and conditions (as amended by Us from time to time).


3.3 These conditions (as amended by Us from time to time) supersede any other terms and conditions and shall replace any previous terms and conditions that have been supplied to You.


3.4 We reserve the right to modify or replace these terms and conditions at our discretion at any time. Any variation will be posted on the terms and conditions page of the Site from time to time.


3.5 You acknowledge that You have not relied on any representation that has not been made in accordance with these conditions and that no agent, servant or employee of Live Translation is authorised to modify these terms unless confirmed in writing by Us.


3.6 We reserve the right to make changes to the Service as required from time to time by law.


3.7 After you submit Your Material to Us for the Service. You will receive an e-mail from Us acknowledging that We have received your request. Please note that this does not mean that Your order has been accepted. Your order constitutes an * to Us to provide the Service. All orders are subject to acceptance by Us, and We will confirm such acceptance to You by sending You an e-mail that confirms that the Material has been accepted. The Agreement between us will only be formed when we send you this confirmation.


4. PAYMENT AND PRICE


4.1 Unless otherwise agreed by Live Translation in writing, the price for the Service shall be the price provided to you in any quotation except in cases of obvious error;


4.2 The GBP price for the Service provided to UK customers shall be inclusive of any value added tax (VAT). VAT is not added to customers outside of the UK. Customers from the UK must pay in GBP.


4.3 All sums payable us by You under this Agreement by the payment method identified on the Site are payable without any set-off or deduction.


4.4 Payment shall not be deemed to have been made until either We or Our Payment Processors have received either cash or cleared funds in respect of the full amount then outstanding.


4.5 Either party may terminate this Agreement immediately at any time before notification that the Material has been accepted by the Translator, by sending notice to the other party of their intention to do so.


5. YOUR OBLIGATIONS


5.1 You agree not to:


  5.1.1 Attempt to gain access interfere with or disrupt the information held on the   Service or to any of the networks or server computers used in providing the Service by unauthorised or covert means;


  5.1.2 Supply any information where the Intellectual Property Rights are owned by another individual or organisation without their written consent;


  5.1.3 Copy or reproduce any of the information or part thereof on the Site for any other use that is not within the letter or spirit of this Agreement;


  5.1.4 Put any spam, junk e-mail, viruses or anything analogous thereto on the Site;


  5.1.5 Put or communicate on the Site any information, pictures or material, which in the opinion of the Live Translation is harassing, libellous, an invasion of  privacy, harmful, vulgar, tortious, objectionable, libellous, obscene; and/or which in the reasonable opinion of Live Translation is offensive.


  5.1.6 Use the Site for any illegal purposes;


6. CONFIDENTIALITY AND INTELLECTUAL PROPERTY RIGHTS


6.1 You acknowledge and agree that content and information, including but not limited to text, software, music, sound, photographs, graphics, video, or other material or information presented to You by Live Translation or its partners, is protected by copyrights, trademarks, service marks, patents, and other proprietary rights, Intellectual Property Rights and laws.


6.3 Live Translation owns all copyright and other Intellectual Property Rights of whatever nature in the Site.


6.4 All Intellectual Property Rights in the Translated Material shall be owned by You absolutely upon payment of the price in full in accordance with clause 4.


6.5 You agree that You will keep confidential and not use, except for purposes contemplated by this agreement, any and/or all information relating to the Service which may be disclosed to You or which You may learn, except where such information is public knowledge or it is required to be disclosed by law.


6.6 We will keep confidential all information and Material given by or about You which is not considered public information, including but not limited to information provided during the registration and order process and e-mail communications transmitted through the Site.


6.7 We will not disclose such information or Material to any third parties without Your consent, except that You agree We may do so if such information or Material is already in the public domain, is required to be disclosed by law, by a governmental agency or where there have been substantial and serious breaches of this Agreement.


6.8 Clauses 6.7 and 6.8 do not apply where you have given Your consent for such information to be used by Us for particular purposes. In such circumstances the information will only be used for those purposes for which Your consent is given.


6.9 You understand and agree that We may access the content of your account in order to identify and resolve technical problems or service complaints.


6.10 Emails and all other communications sent internally through the Site may be routinely monitored to ensure the service is being used in accordance with this Agreement.


7. TERMINATION


7.1 Live Translation reserve the right to terminate this agreement if:-


   7.1.1 You fail to make any payment to Us when due;


   7.1.2 You breach any of the terms of this Agreement;


   7.1.3 In Our sole discretion We view any Material supplied by You to be damaging to Our business then We shall have the right, without prejudice to any other     remedies, to either:


   7.1.4. Terminate this Agreement immediately;


     7.1.4.1 Immediately without further notice suspend or terminate Your access to the Service and the Site; and


     7.1.4.2 Any outstanding monies owed by You to Live Translation will become payable immediately.


8. WARRANTY


8.1 We do not warrant that the Service, or any element of the Site will meet Your needs or expectations and the Service is offered only in its current form.


8.2 We do not warrant that the information provided in the Service or on the Site is accurate.


8.3 We do not warrant any aspect of functionality, accessibility or in its results in respect of the Service, uninterrupted, timely, secure or fault free use of the Service or Site.


9. LIMITATIONS ON LIABILITY


9.1 We are not liable for any error or defect in the Service caused or contributed to by any other User or Yourself


9.2 We are not to be held liable for anything unless all monies owed to Live Translation by You have been paid in full at the relevant time.


9.3 We must be provided with at least 14 days notice of any matter for which they may be liable and be afforded a reasonable period to remedy any such breach before You incur any costs or expenses in remedying the matter Yourself. If You do not provide such written notice We will not be liable to You.


9.4 We reserve the right to request written evidence of any claims that You allege that We are liable for together with full details of how any liability by Us was incurred and what measures you have taken to mitigate the loss before any Liability by Us will arise.


9.5 We shall not be liable to You if You are covered by any policy of insurance and You further warrant that Your insurers will waive any and all rights of subrogation they may have against Us.


9.6 We are not liable to You for any:-


  9.6.1 Consequential losses (including but not limited to loss of profits, damage to goodwill, damage to reputation, loss of data, loss of programs and/or service   1 interruptions);


   9.6.2 Economic and/or other similar losses; and/or


   9.6.3 Special damages and/or indirect losses.


9.7 You acknowledge that you are under a duty to mitigate any loss, costs, expenses or damages that You may incur.


9.8 Our total Liability to You under or arising in relation to any Contract shall not exceed 5 times the amount paid by You for the Service (if any) under that Contract or the sum of £250, whichever is the higher.


9.9 Each of the limitations and/or exclusions in this Agreement shall be deemed to be repeated and apply as a separate provision for each of:

   9.9.1 Liability for breach of contract;

   9.9.2 Liability in tort (including negligence); and

   9.9.3 Liability for breach of statutory duty;except clause 9.7 above which shall apply once only in respect of all the said types of Liability.


9.10 Nothing in this Contract is designed to exclude or limit any of Your statutory rights which are not capable of exclusion or limitation due to You acting in a consumer capacity.


9.11 We shall not be liable to You for any delays in the provision of the Service and for any other events to the extent that such events are due to events outside their reasonable control including but not limited to acts of God, national emergency, war, flood, fire, labour disputes, strikes, lock-outs, riots, civil commotion, malicious damage, explosion, prohibitive governmental regulations or actions and any other similar events.


9.12 You agree to indemnify and hold Us and Our parents, subsidiaries, affiliates, officers and employees, harmless from any loss, cost, damage, claim or demand, including reasonable legal fees, made by any third party or incurred or suffered by Us or Our parents, subsidiaries, affiliates, officers and employees arising from a breach of this Agreement, the content you transmit to or through the Web Site, as well as your conduct on or arising from your use thereof.


9.13 In the event that We are is entitled to be indemnified by you pursuant to clause 9.1 and/or you are in breach of this Agreement you agree that We may contact you through the information provided to Us by you.


10. INDEMNITY


10.1 You agree to indemnify and keep Us indemnified against any and all damages, losses, lost profits, expenses, proceedings, costs (including increased administration costs and legal costs on a full indemnity basis), actions, awards, claims and any other losses and/or liabilities suffered by Us and arising from and/or relating to Your use of the Service, information and/or other material Posted on the Service by You and/or arising from or due to any breach of contract, any tortious act and/or omission and/or any breach of statutory duty by You.


10.2 We accept unlimited liability in respect of death or personal injury caused by its negligence and such other liability which cannot be excluded by law.


10.3 Subject to clause 10.1 you agree that We shall not be liable for loss of profit, revenue or business or contracts or indirect or consequential loss however arising, including negligence even if such loss or damage was foreseeable and/or brought to the attention of Live Translation.


10.4 Subject to clause 10.1 and 10.2 above, the total aggregate liability arising out of any claim in contract, negligence, tort (or other legal liability) pursuant to these terms and conditions shall not in any circumstances exceed £250.


10.5 The exclusions and limitations contained in clauses 9 and 10 shall each be construed separately. If any provision is found by a court to be unenforceable or void then the remaining provisions shall remain in full force and effect.


10.6 We have no control over third party content and information which can be accessed using the Site. Live Translation is excluded from all liability of any kind arising from such content or information. Except for death or personal injury arising from our negligence, We shall not be liable whatsoever for any loss or damage arising from use of the Site.


11. NOTICES


11.1 All notices given by you to us must be given to Live Translation Limited at info@livetranslation.com. We may give notice to you at either the e-mail or postal address you provide to us when placing an order. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.


12. EVENTS OUTSIDE OUR CONTROL


12.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).


12.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:


   (a) Strikes, lock-outs or other industrial action.


   (b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.


   (c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.


   (d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.


   (e)Impossibility of the use of public or private telecommunications networks.


   (f) The acts, decrees, legislation, regulations or restrictions of any government.


12.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.


OUR REFUNDS POLICY

13.1 In the event that your are at all unhappy with the Translated Material then You undertake to notify Us within 7 days of having received the same. We then reserve the right to rectify the same in line with your comments and if you remain unsatisfied. We will endeavour to verify the quality of the Translated Material with an alternative Translator when deciding whether a refund is due.


13.2 If you remain unhappy after the steps listed in clause 14.1have been taken then We will at Our sole discretion refund such monies in the same method originally used by You to pay for the Service. We will usually process the refund due to You as soon as possible and , in any case within 30 days of the day We received Your cancellation or the day We confirmed to You via e-mail that You were entitled to a refund.


14. SEVERABILITY

If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.


15. LAW AND JURISDICTION

Contracts for the purchase of Products through our site will be governed by English law. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.


16. GENERAL


16.1 No waiver by Live Translation of any breach of this Agreement shall be considered as a waiver of any subsequent breach of the same provision or any other provision.


16.2 This Agreement shall be governed by and construed in accordance with English law and the parties hereby submit for all purposes in connection with this Agreement to the exclusive jurisdiction of the English Courts.


16.3 The invalidity, illegality or unenforceability of any provision of this Agreement shall not affect the continuation in force of the remainder of this Agreement.


16.4 Where in these terms representations and warranties are made to us and to suppliers of goods and services through our site, you acknowledge and agree that such representations and warranties are intended to grant rights to, and operate for the benefit of, all such suppliers and that each such supplier may rely upon and enforce such representations and warranties against you by virtue of the Contracts (Rights of Third Parties) Act 1999.


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