General Conditions for Use

The owner of the website teafortranslation.com is Mergon Creative Limited, with business address at Unit C, 4/F, China Insurance Building, 48 Cameron Road, Tsim Sha Tsui, Hong Kong, hereafter the “Company”. Email: info@teafortranslation.com. The following terms and conditions govern the provision of services by www.teafortranslation.com to its customers (the “Customer”), the latter registering via the Mergon Creative website at https://www.teafortranslation.com (respectively, the “Service”, the “Website” and the “General Conditions”) and, together with the types of service selected during the registration procedure, they constitute the order requested of Mergon Creative Limited by the Customer (the “Order”).

1. DEFINITIONS

“Users” means the visitors to this website or the service who are not registered users. “Customers” refers to visitors who are also registered, the Users of the Service as individuals, or as applicable, the company or other legal entity which they represent. “Translators” means third parties who collaborate with Mergon Creative and the Customer to provide content translation services as contractors for Mergon Creative (never as employees). “Service” means all the websites of teafortranslation.com, services, applications and related technology, and the translation services rendered as referred to above. “Orders” means any order for services created by a customer and accepted by Mergon Creative with acknowledgement on the Platform or by mail. “Customer Materials” means the source content for translation by the Service and any guidelines, glossary or other materials provided by the Customer. “Translations” means the translated content of the Customer Materials. “Quality Levels” are defined and described in the Mergon Creative Quality Policy (for example, Advanced, Professional); “Platform” means the Mergon Creative online website and the platform where orders initiated and the Service accessed.

2. AUTHORISED USERS

Access to this website is strictly forbidden for children under 18 years of age or persons who have not reached the legal age of majority in their country or jurisdiction of residence. Anyone accessing and/or using the Website will thereby be deemed to be a User, subject from that moment to these General Conditions in full with no reservations of any kind, as well as to the Specific Conditions which, as applicable, complement, modify or replace the General Conditions in relation to certain Website services and content. A User accepting these General Conditions on behalf of the Customer declares and guarantees that they have sufficient capacity to adequately represent the Customer in relation to this Contract.

3. COMPLIANCE WITH THE GENERAL CONDITIONS.

The Customer shall use the Service in full compliance with these General Conditions.

4. THE CUSTOMER’S RESPONSIBILITIES.

The Customer voluntarily and expressly acknowledges and accepts that the use they make of the Service is at their sole and exclusive responsibility at all times.

Availability, security and business continuity.

The Customer shall be solely responsible for ensuring that their computer systems possess the equipment and connections to the Mergon Creative systems required to make the Service available. Mergon Creative shall not be liable for any such equipment and connections. In particular, the Customer must ensure they have the security and virus detection systems and procedures required to prevent unauthorised access, misuse or alteration of the Service, as well as procedures for data protection and recovery following disasters. Customers must refrain from obtaining or attempting to obtain any information available through the Service by means or procedures other than those that have been made available or indicated for that purpose. No breach of the law, no infringement of third party rights, no interruptions to systems. The Customer undertakes not to act in any way that (i) violates applicable law or encourages any type of conduct that could constitute or give rise to any other liabilities or violations of the applicable law, (ii) could be offensive or damage the image, rights or interests of Mergon Creative or of third parties, or (iii) could damage, disable or overload the Website or the Service, interfere, disturb or disrupt the operation of the Website or the Service as well as the networks of Mergon Creative or of third parties, or which could in any way prevent the normal use of and authorised access to the Website or the Service.

Limited use.

The Customer shall not use the Service to develop, support or create or offer prices for any product or service that competes directly with the Service, with any other product of Mergon Creative or service offered in the market or that could create a functional substitute for each of the products or services provided by Mergon Creative. The Customer acknowledges that use, dissemination or distribution by the Customer of contents identical or similar to those provided through the Service are contrary to the terms established in these General Conditions and therefore constitute a breach of them. The use of the Service is limited to personal, exclusive, non-commercial, individual (as opposed to collective) and non-transferable use by the Customer and is limited to their professional purposes. The Customer undertakes not to contact the Translators outside of the Platform that Mergon Creative provides for the purposes of communication to request and manage Orders.

5. ORDERS AND APPROVAL

Payment.

When creating the Order, the Customer makes the payment for it. Mergon Creative will not begin to manage and implement the Order until the Customer’s payment has been confirmed. The payment is non-refundable. The payment to Mergon Creative must be carried out with funds that are immediately available, with no deduction or compensation and free of any tax, lien, import duties, tariffs, charges, fees and retentions of any kind now or in the future imposed by any governmental, fiscal or other type of authority. If the Customer is required to cover taxes or any other duties, the Customer shall pay Mergon Creative the additional amounts necessary to ensure the overall payment to Mergon Creative is the total amount that would otherwise have been received.

Order.

Once filled in the order form on the Platform, the Customer can initiate an Order, providing all the required information via the platform, including the translation’s level of quality, the language pairs to translate and the Customer Materials.

Customer Materials.

The Customer is responsible for providing the Customer Materials to be translated, which describe the context of the translation and all other necessary materials (guide, glossary, etc.) when placing an order. Mergon Creative may make recommendations about which basic materials to provide and the format in which to provide them. The quality of the results will depend on the clarity, accuracy and completeness of the basic materials submitted by the Customer and the instructions provided.

Cancellations.

The Customer cannot cancel any Order once the payment has been made. The Order cannot be cancelled and the Customer may not demand the amount of the Order to be refunded.

Translations.

Mergon Creative cannot guarantee that a given Translator will be able to participate in the Customer’s Order. Mergon Creative will return translations to the Customer in accordance with the level of quality specified in the Order. Mergon Creative will estimate an expected completion time for of the service, but cannot guarantee the exact time of delivery. Mergon Creative will notify the Customer by email when translations are ready for review.

Approval. After the notification by Mergon Creative of delivery of the translations, the Customer will have 120 hours to review the translations. If the Customer does not respond by email to info@teafortranslation.com within the review period of 120 hours, the translations will be deemed to be “Approved”. Alternatively, the Customer may request a maximum of 3 rounds of amendments on the translations within the review period of 120 hours if they reasonably determine that they do not meet the level of quality specified. Due to the nature of any translation between different languages, inevitably translation errors will occur. If Mergon Creative determines that the translations that have been rejected by the Customer do not comply with the quality level specified in the Order, then Mergon Creative will correct the translations and return them within a reasonable period of time. The responsibility of Mergon Creative is limited to correcting the abovementioned errors.

Waiver.

The Customer undertakes to review any translations before making the content public, and the Customer expressly agrees that Mergon Creative will not be in any way liable or obliged to indemnify the Customer as regards the translations.

6. TRANSLATORS AND CONTRACTORS.

Mergon Creative uses sub-contracted third parties (Translators) to provide the Service to the Customer. As such, the Customer accepts that Mergon Creative can sublicense its rights under this Agreement to third parties to act on behalf of Mergon Creative, provided that the third parties are contractually obliged by more stringent conditions to guarantee the rights of the Customer than those set out in this Agreement. Mergon Creative is solely responsible for settling and resolving all disputes with subcontractors and Translators.

7. DISCLOSURE OF CUSTOMER MATERIALS

Mergon Creative discloses Customer Materials to potential Translators and Contractors for the sole purpose of allowing them to preview the content in order to determine whether to assign the Order to them. The Customer has sole responsibility for editing or deleting any confidential or personal identification information from the Customer Materials if they do not wish such information to be revealed.

8. INTELLECTUAL PROPERTY

All intellectual property rights in relation to Translations will be assigned to the Customer upon approval by the Customer of the Translations and implementation of this Agreement. Trademarks, names, logos and service brands (collectively “Brands”) such as “Tea for Translation”, are trademarks of Tea for Translation owned by Mergon Creative. Nothing contained in this Agreement shall be construed as granting any licence or right to use any Brand without prior written consent from Mergon Creative. The content of the Service is protected by intellectual property laws and may not be copied, distributed, modified, published or transmitted in any way. Third party content and trademarks that appear in the Service are the property of their respective owners and may not be reproduced in whole or in part without the express written consent of the owner. If the Customer opts to allow Mergon Creative to use their translations as “public examples”, the Customer allows Mergon Creative a worldwide, permanent, royalty-free, irrevocable licence to publish and display their Customer Materials and related translations in connection with the operation, promotion and improvement of our services. This licence continues even if the Customer ceases to use our Services. If the Customer submits comments or suggestions about our Services, we can use their comments or suggestions with no commitment to the Customer. In order to provide the Customer with the best translation and language services possible, Mergon Creative (and our collaborators) may use Tools and add their Materials with jobs for other customers, to generally improve the Services (for example, improve translations, improve delivery deadlines or improve automated self-learning translation systems). If Mergon Creative does this, it will never disclose the Customer’s identity or confidential information, nor will the translations be made available to the public.

9. INDEMNITY

The Customer shall indemnify and keep indemnified Mergon Creative, its affiliates, current and past directors, clerks and employees from and against any claim, taxes, losses, damages, liabilities, settlements, transactions, costs and expenses, including lawyers’ fees and other legal expenses, arising directly or indirectly from or in connection with: (1) breach by the Customer of any of their representations, guarantees or obligations under this Agreement; (2) negligent, careless or illegal actions by the Customer or their assistants, employees, contractors or agents; (3) breach by the Customer of its obligations or exercise of their rights in accordance with all applicable laws, standards and regulations.

10. GUARANTEES AND LIMITATION OF LIABILITY.

The Customer declares and guarantees that it possesses all the required rights, titles and interests in the Client Materials, and that the Customer Materials do not infringe or violate the rights of third parties, do not violate any law and contain no offensive or unacceptable content. The site is provided on an “as is” and “as available” basis, Mergon Creative assuming no guarantee (whether express or implied) of merchantability or suitability of the Service or of the Application for a specific purpose, for the absence of defects (or for a solution to any of them), interruptions or viruses, or for impregnable security. The indemnity for damages and losses caused to the Customer and attributable to Mergon Creative is subject to the following limitations: it shall under no circumstances exceed the amount charged by Mergon Creative to the Customer for the Service that gave rise to the damage; it will not include any of the following damages (whether or not foreseen, foreseeable or known) arising from the use of the Service: (1) loss of profits and indirect damage; (2) loss of goodwill or reputational damage; (3) third-party claims of infringement of intellectual or industrial property rights; (4) damage suffered by third parties; and (5) loss of data; it shall refer to damages or losses reported to Mergon Creative by the Customer expressly and in writing within the two (2) months following the date on which they occurred, and never later than two (2) months following the termination of the Contract for any reason; some jurisdictions provide some guarantees, such as a guarantee of merchantability, suitability for a particular purpose. To the extent permitted by Law, all such guarantees remain excluded.

11. TRACKING TECHNOLOGIES

Mergon Creative uses cookies (i.e. small files that the Website sends to the Customer’s hard drive and that hold information concerning the latter’s actions): cookies which store all the actions carried out by the Customer when using the Service for a period of 5 years. Its purpose is to carry out statistical studies and improve the quality of the Service. To disable the cookies, the Customer must send a request to Mergon Creative at info@teafortranslation.com or modify their browser settings. Disabling cookies may affect the provision of the Service.

12. GENERAL

This Agreement is governed by the terms set out within it and the provisions of the regulations of the current code of commerce and other Hong Kong SAR commercial and civil law. In the event of a dispute between the parties in connection with this Contract, both expressly waive their own jurisdiction and submit themselves to the jurisdiction of the Hong Kong SAR courts. If any section of the General Conditions proves not to be applicable, this will have no effect on the remaining sections. This Agreement shall be updated periodically. THE CUSTOMER must check the terms regularly. If THE CUSTOMER does not agree with the revised terms for a Service, they must discontinue use of that Service. Mergon Creative may suspend or terminate access to the Service or an Order if the Customer does not comply with this Agreement or if they are suspected of misconduct, fraudulent activities, or a violation of this Agreement, with or without prior notice. Mergon Creative can modify or suspend the Platform or Service at any time and for any reason. If the Customer does not comply with the General Conditions, and measures are not taken immediately, this does not mean that any kind of right is being granted nor does this have any bearing on the adoption of measures that could be taken in the future.