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 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
“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;
"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
"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.
- 2. ELIGIBILITY
2.1 By accepting these terms and conditions You warrant to Us that:
2.1.1 You are over 18 years old;
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.
2.1.3 You fully understand the contents of this Agreement having read and considered
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.
2.1.5 You agree to abide by all relevant local, state, national and international
laws and regulations in the use of the Site;
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
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
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
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
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
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
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,
7.1.4. Terminate this Agreement immediately;
18.104.22.168 Immediately without further notice suspend or terminate Your access to the Service and the Site; and
22.214.171.124 Any outstanding monies owed by You to Live Translation will become payable
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
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
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
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
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.
10.1 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.
11.1 All notices given by you to us must be given to Live Translation Limited at
firstname.lastname@example.org. 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
(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
(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
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.
16.1 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)