Terms and Conditions
These are the terms and conditions which apply to translation and/or interpreting undertaken by All About Languages. These terms and conditions apply to any engagement of All About Languages, unless the terms of any quote or other engagement are inconsistent with these terms.
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​Definitions
For the purpose of these Terms and Conditions “the Company”, “we”, “our” or “us” refers to All About Languages Pty Ltd ABN 15 626 751 951 of 5 Garden Grove South Launceston in Tasmania and “Client” or “you” represents the company, firm, body, organisation or person contracting All About Languages Pty Ltd to undertake service(s) on its behalf.
“Agreement” is defined as the agreement between the Client and the Company governed by the Terms and Conditions.
“Terms and Conditions” means these terms and conditions.
“Order” means a confirmed request by you for our Services.
“Services” means translation and or interpretation services performed by us for you.
“Work materials” means any information communicated or transmitted to us by you in order to perform the Services provided herein.
“Confidential Information” means information (in any form) which is confidential either to you or to us and which either you disclose to us or we disclose to you in connection with the Services.
In submitting an Order, the Client enters into a binding Agreement with the Company, covered by the following Terms and Conditions:
 
1. APPLICATION
No terms and conditions other than those set out herein nor any variation thereof shall be binding on the Company unless otherwise specifically agreed in writing by a director of the Company. These Terms and Conditions shall be incorporated in every quotation, acceptance and contract for work by us subject to the foregoing; any terms or conditions proposed by the Client are hereby excluded.
 
2. INTENDED USE OF TRANSLATION SERVICES

1. The Client shall clearly indicate in writing the intended use of the translation.
2. Unless otherwise requested in writing a translation is undertaken for information and understanding only, which is of a high enough standard for use in general correspondence.
3. If requested in writing, the translation may be the final document which will not be further edited by the Client or other-related third parties nor be required for:

• Tenders;
• Contracts, insurance, patents and other legal purposes;
• Printing or publication;
• Advertising;
• Any other purposes, where the particular rendering of the text is liable to be of consequence, all of which will necessitate a higher level of accuracy and/or proof-reading and therefore will be subject to a proof-reading charge as shown on the price list.
  1. Should a Client wish to use a translation for any other purpose than that for which it was originally supplied, the Client shall obtain confirmation in writing from the Company that the translation is suitable for the intended new purpose. The Company reserves the rights to amend and adapt, at the cost of the Client, the previously supplied translation, if necessary, for its new purpose.
  2. Where the purpose of the translation is not disclosed to the Company, the Company shall proceed with the translation as if it were for the information purposes only.
  3. The Company may indicate the standard for which the translation was supplied and will determine the charge accordingly.

 
3. QUOTES

1. Quotations are not binding on the Company and are given subject to confirmation by the Company upon receipt of the Client’s order. No Agreement shall be concluded until such confirmation is given. Written quotations remain valid for 30 days after despatch and thereafter will lapse unless otherwise stated in writing.
2. Quotations are given on the basis of the Client’s description of the source material, the purpose of the translation and any other instructions. Such quotations may be amended at any time if, in our opinion, the description of the source materials is materially inadequate or inaccurate.
3. Information provided in the Company’s brochures, website or other published material is a general description only and does not form part of these Terms and Conditions.

 
4. PAYMENT

1. Unless otherwise stated prices are in Australian dollars and are exclusive of Goods and Services Tax. We shall invoice you for all appropriate taxes and expenses for which we are liable to collect. You shall be liable to pay any penalties or interest on such taxes which are payable by us as a result of your delay in paying such charges.
2. Payment is requested by direct bank transfer unless otherwise specified in writing on the invoice. All payments shall be made without deduction or set-off of bank charges.
3. Where credit accounts are opened for a Client, payment must be received within 14 days of the date on which the invoice is issued unless specifically agreed in writing by a director of the Company. Discounts included on quoted prices are only applicable if invoices are paid within 14 days of receipt.
4. Quotations in a currency other than Australian dollars are based on the rate of exchange at the time of quoting and, unless otherwise stated, the price is subject to exchange rate fluctuations at the date of invoice.
5. Services will be invoiced in full on completion unless the duration of the works exceeds one full month. Services provided continuously for over one month will be invoiced for 50% of the total estimated value of the work after one month and 50% on completion.
6. Without prejudice to the Company’s other rights, we reserve the right to levy a service charge equal to the greater of 2.5% per month on the outstanding amount or $10 on all accounts outstanding beyond the due date to cover financial and administrative costs. Should it prove necessary for us to engage the services of debt recovery agents, a surcharge equalling the fees of such agents will be applied to the outstanding amount unpaid to recover the costs.
7. Failure to pay any invoice in accordance with these Terms and Conditions or any other services specified in writing at the time, shall entitle us to suspend further work both on the same order, and on any other order from you, without prejudice to any right we may have.

 
5. COMPLETION OF WORK

1. A date agreed by the Company for delivery is given and intended as an estimate only. The Company will make every endeavour to meet such an estimated date but shall not be liable to make good any damage or loss, whether arising directly or indirectly out of its failure to meet such estimated date. Whilst we shall make every reasonable effort to meet the Client’s requirements, late delivery shall not entitle the Client to withhold payment for Services provided.
2. The Client and the Company may, at any time after such date, in regards to the original anticipated delivery period, agree a further date for delivery, and if delivery has not taken place by such a date, no charge will be made and the Contract will be considered cancelled.
3. The Company reserves the right to sub-contract all or part of the work to a contractor(s) of its choice. We will not be liable in any circumstances for the consequences of failure to deliver or perform if the delay or failure is due to the non-delivery or non-performance by its sub-contractors. In case of Force Majeure (Strike, Lockout, Industrial Dispute, Civil Commotion, Natural Disaster, Acts of War and any other situation which can be shown to have materially affected the Company’s ability to deal with the order from the Client) the Company shall notify the Client without delay, indicating the circumstances. Force Majeure shall entitle both the Company and the Client to cancel the order but, in any event, the Client undertakes to pay the Company for the work already completed. The Company will assist the Client, to the best of its ability, to complete their order.

 
6. DELIVERY
Delivery is deemed to have taken place by emailing, faxing, posting or delivery to a carrier, as the case may be, and the risk shall pass to the Client. However, the Company will retain a copy of the translation and, in the event of there being any loss or damage, will forward a further copy free of charge.
 
7. URGENCY
Although an urgency surcharge may be levied on urgent translations, because such urgency may preclude the necessary time to check and edit the translation, the Company will not accept any liability for any work submitted on an urgent basis. Should such a completion of work necessitate overtime being worked or other additional costs being incurred, a charge will be made to cover the increased cost.
 
8. CANCELLATION AND SUSPENSION

1. If the Client for any reason cancels work which has been commissioned, charges will be payable for all the completed work up to the cancellation date and for all other costs and expenses which may accrue as a result of such cancellation.
2. If the Client suspends or postpones work commissioned for a period of 21 days or more, charges will be payable for all commissioned work up to the date of suspension or postponement and for all other costs and expenses which may accrue as a result of such suspension.

 
9. LIABILITY

1. To the maximum extent permitted by law, the Company shall have no liability to the Client for any: (i) loss of profit; (ii) loss of business; (iii) loss of revenue; or (iv) indirect or consequential loss; arising under or in connection with the Agreement, the Services or any Order.
2. Subject to clause 9.1 and to the maximum extent permitted by law, the Company’s aggregate liability in contract, tort (including negligence) or otherwise, however arising, under or in connection with this Agreement shall not exceed the price paid by the Client to the Company for the Services in the 12 months immediately prior to the liability arising.
3. The Company shall incur no liability to the Client for innocent or negligent misrepresentation by virtue of any statement made by or on behalf of us prior to the Agreement, whether orally or in writing, and you shall not be entitled to rescind the Agreement on the grounds of any such misrepresentation.
4. In the event of the Client using work carried out for a purpose other than for which it was supplied, the Client shall not be entitled to any compensation by the Company.
5. The Client acknowledges that any materials submitted by and to you over the internet cannot be guaranteed to be free from the risk of interception, even if transmitted in encrypted form, and that we have no liability for the loss, corruption or interception of any materials.

For Translation work:

1. Whilst the Company shall endeavour to produce an accurate and idiomatic translation of the original text, the Client accepts that a translation may read differently from the good original writing and accordingly the Company shall not be liable for an alleged lack of advertising or sales impact.
2. The Company shall not be liable for errors in conversion from one system of measurement to another, for transliteration of names and other proper nouns from one script to another or for translation of abbreviations, neither shall we be liable for errors resulting from illegibility of any material supplied by you or for any consequent loss or damage thereupon.
3. Subject to clause 9.1 and 9.2, in the case of a material error or omission in work undertaken by the Company, we will re-type the work provided that the Client has complied with its obligations under the Agreement. Any re-interpretation of a translation will be solely undertaken by us and the Client must refer questions of material error or omission to us within 30 days of the translation delivery date. For publication – we shall not be responsible for any errors or omissions in the final proof unless it is submitted to us for a final check prior to going to print. All figures and codes will be left for the Client to check and we will not be responsible for any errors in the figures.
4. Where the Services provides proofs or texts to be submitted to the Client for approval, the Company shall not be liable for any errors not corrected by the Client or any amendments or modifications made by the Client in the proofs or texts so submitted. The Client has an obligation to check that all details are correct especially names.

 
10. ILLEGAL MATTERS
The Client warrants that the required translation does not infringe any copyright or other proprietary right, nor does it contain anything of an obscene, blasphemous, libellous or matter which may give rise to a complaint at law with respect to discrimination or analogous matters. The Client shall indemnify the Company in respect of all actions, claims, proceedings, costs and damages incurred or awarded and paid in respect of, or arising out of, any breach of such warranty or out of any claim by a third party based on any facts which, if substantiated, would constitute a breach of such warranty.
 
11. REPRESENTATION
No oral representation or statement shall be binding upon the Company, whether as a warranty or otherwise, nor shall anything be implied from any such representation or statement made by the employee, agent or contractor of the Company.
 
12. USE OF TRANSLATORS, INTERPRETERS AND VOICE-OVER ARTISTS
Unless otherwise agreed by the Company, any Client or Associate shall not for a period of one year after conclusion of the provision of Services pursuant to this Agreement either directly or indirectly, on their own account or for any other person, firm or company, solicit, employ, endeavour to entice away from the Company or use the services of a translator, interpreter of any other relevant person who has provided the work to you on our behalf under this Agreement.
 
In the case of a breach of this clause, the Client shall account to the Company:

1. where the relevant person becomes an employee or contractor to such Client a sum equal to 50% of the gross annual remuneration of such person or the sum of $5,000 whichever shall be higher; and
2. in any other case, a sum equal to 50% of the gross annual earnings of such person or a sum of $5,000 whichever shall be higher.

For the purpose of this clause reference to a client includes any partner of the Client and any company in which the Client or any firm in which he or she is a partner holds not less than one third of the issued share capital and any subsidiary of such company or in the case of a Client who is a company, any company who owns directly or indirectly not less than one third of the issued capital of the Client.
“Relevant person” means any translator, interpreter, voice-over artist, typist or other person who shall have been engaged either as an employee or independent contractor by the Company and who shall have provided work for such Client directly or indirectly through the Company within twelve months preceding the use of their services by the Client pursuant to this Agreement.

13. COPYRIGHT
The Copyright of the translation is the property of the Company and will be passed on to the Client only after full payment has been received for the translation. The Client hereby agrees to grant us (and our sub-contractors) a licence to store and use the work materials for the duration of the Agreement and for the purposes of service provision.
 
14. CONFIDENTIALITY

1. Both parties agree not to use nor disclose to third persons any of the other party’s Confidential Information subject to clause 14.2, and in order for us to provide the Services.
2. Either party may disclose Confidential information of the other:
   1. When required to do so by law or any regulatory authority, provided that party required to disclose the Confidential Information, where practicable and legitimate to do so:
      1. Promptly notifies the owner of any such requirement; and
      2. Co-operates with the owner regarding the manner, scope or timing of such disclosure or any action the owner may take to challenge the validity of such requirement.
3. To its (or any of its associated company’s) personnel, sub-contractor’s personnel or any person whose duties reasonably require such disclosure, on condition that the party making such disclosure ensures that each person to whom such disclosure is made:
   1. Is informed of the obligations of confidentially under these Terms and Conditions; and
   2. Complies with those obligations as if they were bound by them.

 
15. PERSONAL INFORMATION PROTECTION
Each party shall ensure that in the performance of its obligations under these Terms and Conditions and any Agreement, it will at all times comply with the relevant provisions of the Australian Privacy Principles and the Privacy Act 1988 (Cwth).
 
16. GOVERNING LAW
The above Terms and Conditions shall be governed by and construed in all aspects in accordance with law of the state of Tasmania and the parties hereby submit to the exclusive jurisdiction of the courts of Tasmania.
 
These Terms and Conditions are subject to change without prior written notice.
 
Supplementary Terms and Conditions exist for Interpreter and Voice-over Services.

Use of material on this Website 

1. Generally
   1. Except for the limited use set out in clause 1.1(b) you may not use the Website, or the material contained on it, for any purpose. This involves:
      1. the reproduction of the material in any material form;
      2. the distribution of the material in any material form;
      3. re-transmission of the material by any medium of communication;
      4. uploading or reposting the material to any other site on the Internet; and
      5. “framing” the material on the Website with other material on any other website.

The above are unlawful in any jurisdiction and are specifically prohibited by these Terms of Access.

1. Despite the above restrictions on use of the material on the Website, you may download material from the Website for your personal non-commercial use provided you do not remove any copyright and trade mark notices contained on the material.
2. You may not modify or copy:
   1. the layout of the Website; or
   2. any computer software and code contained in the Website.
3. We reserve all intellectual property rights, including, but not limited to, copyright in material or services provided by it. The material provided on the Website is provided for personal use only and may not be:
   1. re-sold or re-distributed in any material form;
   2. stored in any storage media; or
   3. re-transmitted in any media, without our prior written consent.

 

1. Disclaimer 1
   1. We are making the Website available for others to publish information without assuming a duty of care to users. We are not in the business of providing professional advice and gives no warranty, guarantee or representation about the accuracy, reliability or timeliness or otherwise, of the information contained on the Website or linked sites on the Internet.
   2. To the full extent permitted by law we disclaim any and all warranties, express or implied, regarding:
      1. the accuracy, reliability, timeliness or otherwise of any information contained or referred to on the Website or of any linked sites; and
      2. merchantability or fitness for any particular purpose for any service or product contained or referred to on the Website or on any linked sites.
   3. We will not be liable under any circumstances for any loss of profits or any damages of any kind recognised by law (even if it has been advised of the possibility of such loss of profits or damages) which are the consequence of you:
      1. acting, or failing to act, on any information contained on or referred to on the Website or any of the linked websites; and
      2. using or acquiring, or your inability to use or acquire, any service or product contained or referred to on the Website or any linked sites.

 

1. Disclaimer 2
   1. We do not warrant, guarantee or make any representation that:
      1. the Website, or the server that makes the site available on the Internet are free of software viruses;
      2. the functions contained in any software contained on the Website will operate uninterrupted or are error-free; and
      3. errors and defects in the Website will be corrected.
   2. We are not liable to you for:
      1. errors or omissions in the Website, or linked sites on the Internet;
      2. delays to, interruptions of or cessation of the services provided in the Website, or linked sites; and
      3. defamatory, offensive or illegal conduct of any user of the Website,

whether caused through our negligence or the negligence of our employees, independent contractors or agents, or through any other cause.

1. You agree to accept the full cost of any necessary repair, correction and maintenance of any of your computer software or hardware, which may be necessary as a consequence of you accessing the Website.

 

1. Limitation of liability

Clause 1.2 (disclaimer 1) or clause 1.3 (disclaimer 2) may not apply to you in jurisdictions in which limitations on or exclusions of warranties or liabilities are not permitted by law. To the full extent permitted by law our liability for any implied warranty or condition is limited, at our choice, to one or more of the following:

1. if the breach of an implied warranty or condition relates to services:
   1. the supply of the services again; or
   2. the payment of the cost of having the services supplied again; and
2. if the breach of an implied warranty or condition relates to goods:
   1. the replacement of the goods or the supply of equivalent goods;
   2. the repair of such goods; or
   3. the payment of the cost of replacing the goods or acquiring equivalent goods, or having the goods repaired.

 

1. Use of personal information gathered
   1. We and any people or legal entities authorised by us may gather and process the personal information:
      1. which you may provide when accessing the Website, such as your name, address, e-mail address and other personal information about you; and
      2. regarding the way in which you use the Website including, without limitation, information acquired through the use of “cookies” delivered to your computer when you access our Website.
   2. We may authorise others to offer you goods and services using the information acquired, as described in clause 1.5(a).
   3. We will comply with the Australian Privacy legislation in respect to our collection, storage and use of your personal information. Please refer to our full privacy policy in clause 3 for details of how we collect, store and use your personal information.

 

1. Termination of access

We may terminate access to the Website at any time without giving any explanation or justification for the termination of access, and we have no liability for any costs, losses or damages of any kind arising as a consequence of terminating access to the Website.

1. Alteration of Terms of Access

We reserve the right to change these Terms of Access:

1. with or without further notice to you; and
2. without giving you any explanation or justification for such change.

 

1. Terms of use relating to uploading material or information to our Website

This Website (referred to in these “terms of use” as the website) is owned and operated by All About Languages, who is referred to in these Terms of Use as “we”, “us”, “our” and similar grammatical forms.

1. Uploading information

You represent and warrant in relation to any material or information you provide to the Website that:

1. you are authorised to provide the material or information;
2. the material or information is not defamatory or a malicious falsehood in relation to any product, service, person or corporation;
3. the material or information is not the “passing off” of any product or service and does not constitute unfair competition or infringe the rights of any person or corporation;
4. the material or information does not infringe any intellectual property right including, but not limited to, trademarks, service marks or business names (whether registered or unregistered), confidential information and copyright; and
5. the material or information does not infringe any legislation or regulations of the Commonwealth of Australia and the State of New South Wales including, but not limited to, the Competition and Consumer Act 2010 (Cwth) and the Australian Consumer Law (ACL) and any other parliament competent to legislate in relation to the Website or any law in any country where the material or information is or will be available electronically to users of this Website.

 

1. Use of personal information gathered
   1. We and any people or legal entities authorised by us may gather and process the personal information:
      1. which you may provide when accessing the Website, such as your name, address, e-mail address and other personal information about you; and
      2. regarding the way in which you use the Website including, without limitation, information acquired through the use of “cookies” delivered to your computer when you access our Website.
   2. We will comply with the Australian Privacy legislation in respect to our collection, storage and use of your personal information. Please refer to our full privacy policy in clause 3 for details of how we collect, store and use your personal information.

 

1. Intellectual property rights

All logos, icons, brand names or service names that identifying the owner and operator of this Website are our copyright property or our trademarks or service marks. All other trademarks or service marks on this Website are the property of their respective owners. You must obtain written permission before reusing any copyrighted material that is published on this Website. Any unauthorized use of the materials appearing on this Website may violate copyright, trade mark and other property rights or legal protections and could result in criminal or civil penalties.

1. Privacy policy
   1. All About Languages is operated by Weebly who is referred to in this privacy policy as “we”, “us”, “our” and similar grammatical forms.
   2. By using our All About Languages website or registering for an account with us, you are accepting the terms of this privacy policy, and you are consenting to our collection, use, disclosure, retention and protection of your personal information as described in this privacy policy.
   3. We appreciate that your privacy is important to you, Weebly will continue to protect the personal information you provide us and we will manage your personal information in compliance with the Privacy Act 1988 (Cwth) (Privacy Act) and the Australian Privacy Principles (APPs).
   4. We will take all reasonable steps to ensure that all information we collect, use or disclose is accurate, complete, up-to-date and stored in a secure environment.

 

1. Why do we need to collect personal information?

We collect personal information when you volunteer that information in order to receive a service from our Website. The personal information collected on our Websites will be used to provide the services you have requested, such as setting up and managing your subscription to newsletters/promotional material or processing any purchases you may make at the All About Languages website. Your personal information may be used in relation to any survey, promotional offer or any competition you may enter on our Websites.

1. What information do we collect?
   1. The type of information we collect from you will depend on what services on our Website that you use. The personal information we may collect includes your name, postal address, email address, telephone numbers and contact details and information for identification purposes. If you make online purchases from the All About Languages website by credit card or debit card or direct debit from your bank account, we will collect your card or bank account details.
   2. General information about visits to our Websites is collected by our computer servers, with small files “cookies” that our Websites transfers to your computer’s hard drive through your Web browser (if you allow the delivery of “cookies”). The “cookies” are used to follow the pattern of movements of users by letting us know which pages on our Websites are visited, in what order and how often and the previous website visited and also to process the items you select if you are making purchases from the All About Languages website. The anonymous non-personal information that when collect and analyse in not personal information as described in the Privacy Act.

 

1. Why do we use “cookies” and other web use tracking technologies?
   1. When you access our Website, a small file containing a unique identification (ID) number may be downloaded by your web browser and stored in the cache of your computer. The purpose of sending these files with a unique ID number is so that our Website can recognise your computer when you next visit our Website. The “cookies” that are shared with your computer can’t be used to discover any personal information such as your name, address or email address they merely identify your computer to our Websites when you visit us.
   2. We can also log the internet protocol address (IP address) of visitors to our Website so that we can work out the countries in which the computers are located.
   3. We collect information using “cookies” and other tracking technologies for the following reasons:
      1. to help us monitor the performance of our Website so that we can improve the operation of the Website and the services we offer;
      2. to provide personalised services to each user of our Website to make their navigation through our Website easier and more rewarding to the user;
      3. to sell advertising on the Website in order to meet some of the costs of operating the Website and improve the content on the Website; and
      4. when we have permission from the user, to market the services we provide by sending emails that are personalised to what we understand are the interests of the user.
   4. Even if you have given us permission to sent you emails, you can, at any time, decide not to receive further emails and will be able to “unsubscribe” from that service.
   5. If you are unhappy about having a cookie sent to you, you can set your browser to refuse cookies or choose to have your computer warn you each time a cookie is being sent. However, if you turn your cookies off, some of our services may not function properly.

 

1. How do we store your information?
   1. We use different technologies and procedures to help protect personal information from unauthorized access, loss, alternation, disclosure or use. Some of the safeguards we use are physical access controls, information firewalls and access authorisation controls to where your personal information is held in data centres. We also use data encryption when personal information is transferred to and from our service providers. Our commitment to data security means:
      1. we have procedures to limit access to personal information within our organisation;
      2. we use security measures and technologies within our organisation to protect your personal information; and
      3. we use service providers that can establish that they have secure controls relating to software security, access security and network security, including where credit card information is being transferred.
2. Terms and conditions

Please also visit our Terms of Access to our Website (clause 1) and our Terms of Use regarding uploading material or information to our Website (clause 2) which sets out the conditions of use and limitations of liability governing the use of our Website.

1. Your consent

By using our Website, you consent to this privacy policy.

1. Changes to our privacy policy
   1. If we decide to change this privacy policy, we will post those changes on this page, and update the privacy policy modification date below.
   2. This privacy policy was last modified on 4th November 2019