ACCEPTANCE OF TERMS

Language Champs Pty Limited. ("Language Champs") welcomes you to our website www.onlinetranslatorlive.com Language Champs provides its service to you subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. In addition, when using particular Language Champs owned or operated services, you and Language Champs shall be subject to any posted guidelines or rules applicable to such services, which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS. Language Champs may also offer other services that are governed by different Terms of Service.

DESCRIPTION OF SERVICE

Language Champs provides users with access to informational tools and resources, including, but not limited to, content, classes, tuition, independent contractors, translation, translators, interpreters and Language Champs provides a service to tutors by matching them with its customers ("clients") in need of services.(the "Service").   Language Champs provides this service without regard to race, color, religion, sex, national origin, age, veteran status or disability. By utilising this service and providing services to such clients, you acknowledge that you are an independent contractor and no relationship of employment, partnership or joint venture agreement is expressed or implied.  Any translator and/or interpreter using our service is financially responsible for any and all expenses they may incur, including licensing fees and Federal, State and Local taxes owed for compensations paid to the Interpreter by Language Champs. You understand and agree that the Service may include certain communications from Language Champs, such as service announcements, administrative messages and the Language Champs Newsletter, and that these communications are considered part of Language Champs membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new Language Champs website properties, shall be subject to the TOS. You understand and agree that the Service is provided "AS-IS" and that Language Champs assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.

Language Champs does not guarantee the interpreter will be supplied with any number of assignments or be able to work a minimum number of hours per week or month. Language Champs may provide generalisations of how much the interpreter might expect to work, however such estimates are solely based upon previous and current trends and Language Champs cannot accurately predict the volume or quality of future services for the interpreter. Language Champs is not responsible for supplying a minimum amount of income to the interpreter, and should not be relied upon as the sole provider for income to provide for their debts or other financial responsibilities. Furthermore, Language Champs does not reimburse interpreters for transportation, fuel, registration, insurance, supplies, telecommunication including phone and internet, relocation, licensing fees, or other expenses relating to the services they provide Language Champs or its customers.

The interpreter will only be paid for services which Language Champs has collected for from their respective clients. The payment to the interpreter will be at the nominated rate submitted by the interpreter.  The interpreter is responsible for knowing and keeping the customer aware of their current balance. If payment is required, the interpreter must verify a payment has been made before further services are provided. The interpreter promises to promptly deliver to Language Champs any and all payments given to the interpreter for services. The tutor will not ever hold onto a payment made to Language Champs as collateral for discrepancies from any related or unrelated payments or accounts between Language Champs, interpreter and/or customer.

Interpreters may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, material, software, products or services without explicit permission provided directly from Language Champs Director. The interpreter agrees to keep confidential all Proprietary Information and all personal information regarding clients, company personnel, etc. The interpreter grants permission to have a background check performed by Language Champs, its affiliates, or current and potential customers interested in receiving services from the tutor. The interpreter agrees to provide complete and truthful information to Language Champs, its affiliates, and all customers on all documents and during all communications without exception.

The interpreter understands their profile, and the information contained within, will be posted on the website in the public domain. No interpreter is to use profanity or other controversial language or ideas which viewers might find offensive; such conduct is a violation of our terms and proper action may be taken. The interpreter may submit content, such as original statements and personal information, in their application or on our website to help attract customers to the tutor's profile. By doing so, the tutor grants Language Champs permission to edit, copy, publish, distribute, translate and otherwise use in any medium this content without limit or compensation.  No personal contact information is to be provided in the public profile of the interpreter.

Language Champs reserves the right to discontinue the use of a interpreter and to reassign clients at anytime with or without cause. If the interpreter ceases to us the services provided by Language Champs or promptly upon Language Champs' request, the interpreter agrees to deliver to Language Champs all copies of any and all materials and writings received from, created for, or belonging to Language Champs including, but not limited to, those which relate to or contain Proprietary Information, Content, or Company Records that are in the interpreter 's possession or under their control. The interpreter also agrees to promptly destroy any additional copies, electronic or otherwise, of such property.

Any interpreter utilising this service agrees not to use any information provided to them by Language Champs, including but not limited to personal contact information belonging to clients and their families or to other interpreter , in any way that may be competitive with Language Champs while the interpreter utilizes this service and for a period of one years following. Notwithstanding this provision, the interpreter is allowed to provide services to students who do not have a current or previous relationship with Language Champs and to promote or advertise their services elsewhere so long as no use of property or information belonging to Language Champs is involved.

YOUR REGISTRATION OBLIGATIONS

In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the Victoria or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Language Champs has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Language Champs has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).

LANGUAGE CHAMPS PRIVACY POLICY

We are committed to protecting your privacy. We will only use the information that we collect about you lawfully.  We collect information about you for 2 reasons: firstly, to process your order and second, to provide you with the best possible service.  We will not e-mail you in the future unless you have given us your consent.  We will give you the chance to refuse any marketing email from us or from another trader in the future.  The type of information we will collect about you includes:

·      your name

·      address

·      phone number

·      email address

·      interpreter profile

·      credit/debit card details

We will never collect sensitive information about you without your explicit consent. The information we hold will be accurate and up to date. You can check the information that we hold about you by emailing us. If you find any inaccuracies we will delete or correct it promptly. The personal information which we hold will be held securely in accordance with our internal security policy and the law. We may use technology to track the patterns of behaviour of visitors to our site. This can include using a "cookie" which would be stored on your browser. You can usually modify your browser to prevent this happening. The information collected in this way can be used to identify you unless you modify your browser settings. If you have any questions/comments about privacy, you should contact us.

                   MEMBER ACCOUNT, PASSWORD AND SECURITY

You will receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Language Champs of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Language Champs cannot and will not be liable for any loss or damage arising from your failure to comply.

CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE

You acknowledge that Language Champs may or may not pre-screen Content, but that Language Champs and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the Service. Without limiting the foregoing, Language Champs and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Language Champs or submitted to Language Champs, including without limitation information in Language Champs forums, posts, user profiles and in all other parts of the Service.

·      You acknowledge, consent and agree that Language Champs may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of Language Champs, its users and the public.

Language Champs does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant Language Champs the following worldwide, royalty-free and non-exclusive license(s), as applicable:

·      With respect to Content you submit or make available for inclusion on publicly accessible areas of Language Champs Groups, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purposes of providing and promoting the specific Language Champs services to which such Content was submitted or made available.

"Publicly accessible" areas of the Service are those areas of the Language Champs network of properties that are intended by Language Champs to be available to the general public. By way of example, publicly accessible areas of the Service would include Language Champs tutor profiles.

CONTRIBUTIONS TO LANGUAGE CHAMPS

By submitting ideas, suggestions, documents, and/or proposals ("Contributions") to Language Champs through its suggestion or feedback webpages, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) Language Champs is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) Language Champs shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) Language Champs may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of Language Champs without any obligation of Language Champs to you; and (f) you are not entitled to any compensation or reimbursement of any kind from Language Champs under any circumstances.

INDEMNITY

You agree to indemnify and hold Language Champs and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.

MODIFICATIONS TO SERVICE

Language Champs reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Language Champs shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

TERMINATION

You agree that Language Champs may, under at its absolute discretion and without prior notice, immediately terminate your Language Champs account, any associated email address, and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) engagement by you in fraudulent or illegal activities, and/or (h) nonpayment of any fees owed by you in connection with the Services. Termination of your Language Champs account includes (a) removal of access to all offerings within the Service, including but not limited to Language Champs Mail, Groups, Messenger, Domains, Personals, Message Boards, Greetings, Alerts and Games, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of the Service. Further, you agree that all terminations for cause shall be made in Language Champs's sole discretion and that Language Champs shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Service.

DISCLAIMER OF WARRANTIES

You expressly understand and agree that:

a.    Your use of the service is at your sole risk. The service is provided on an "as is" and "as available" basis. Language Champs and its subsidiaries, affiliates, officers, employees, agents, partners and licensors expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

b.    Language Champs and its subsidiaries, affiliates, officers, employees, agents, partners and licensors make no warranty that (i) the service will meet your requirements; (ii) the service will be uninterrupted, timely, secure or error-free; (iii) the results that may be obtained from the use of the service will be accurate or reliable; (iv) the quality of any products, services, information or other material purchased or obtained by you through the service will meet your expectations; and (v) any errors in the software will be corrected.

c.    No advice or information, whether oral or written, obtained by you from Language Champs or through or from the service shall create any warranty not expressly stated in the TOS.

LIMITATION OF LIABILITY

SUBJECT TO APPLICABLE LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT LANGUAGE CHAMPS AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF LANGUAGE CHAMPS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

GENERAL INFORMATION

Entire Agreement. The TOS constitutes the entire agreement between you and Language Champs and governs your use of the Service, superseding any prior agreements between you and Language Champs with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Language Champs services, affiliate services, third-party content or third-party software. Choice of Law and Forum. The TOS and the relationship between you and Language Champs shall be governed by the laws of Victoria without regard to its conflict of law provisions. You and Language Champs agree to submit to the personal and exclusive jurisdiction of the courts of Victoria.

Waiver and Severability of Terms. The failure of Language Champs to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.

Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.

The section titles in the TOS are for convenience only and have no legal or contractual effect.

Except for as provided specifically within this document, it is not always possible to assess the actual damages caused to us by the breach of the provisions herein. Those damages which cannot be fully and adequately compensated monetarily may warrant preliminary and other injunctive relief, an order for specific performance, and other equitable relief.

The language of this agreement shall be given its natural meaning and shall not be construed against either party in the case of ambiguity. Because every effort was made to make this agreement understandable to the layperson, no interpretation should be made that penalises us for failing to use specific legal terms, so long as the meaning may be plainly inferred from the document. If any part of this agreement is held to be unenforceable by any court or adjudicator, the rest of the agreement shall remain in full force. Furthermore if any part of any clause is held to be unenforceable, the remainder of said clause shall remain in full force.

By accepting, you are providing us with an electronic signature.