1. Scope and Parties
1.1. Gotranslate Platform is a platform created in order for providing translation services for Gotranslate Customers. These Terms and Conditions of Use (the "Agreement") provides terms and conditions of use/access/make use of contents/services provided via Gotranslate Platform.
1.2. Parties to the Agreement are LET’S DRAFT ( Draft Agency for marketing and advertising ) , whose registered office is situated at Boubyan tower. Prince Turkey st, Khobar, Kingdom of Saudi Arabia (hereinafter referred to as "Gotranslate") and the User.
1.3. Gotranslate and the User shall be referred to as the "Parties" collectively and as the "Party" individually.
In this Agreement,
"User" means any natural or, if applicable, legal person, who accesses to Gotranslate Platform, whether signed up or not, (in case of registration, the User shall be hereinafter referred to as "Gotranslate Customer" and acquires or makes use of the contents and services on the Gotranslate Platform in a way which is partial/complete and temporary/permanent on his/her behalf and at his/her own expense or on behalf of third parties and at their own expense,
"Gotranslate Customer" means any third party registered User, who desires to acquire translation services via Gotranslate Platform,
"Customer Materials" mean source contents, guidelines, glossaries, and any other materials provided by Gotranslate Customers for translation,
"Translated Contents" mean contents, which are translation of Customer Materials in the source language to another (target) language by the Translator, applying the commonly known and recognized grammar rules as well as his/her own experience, profession and field-specific knowledge or the necessary vocabulary knowledge obtained through and on the basis of various dictionaries and thesauruses,
"Gotranslate Platform/Platform" means online portal and platform containing Gotranslate contents/services on www.gotranslate.me
"Translation Order" means any order for translation services via Platform by a gotranslate Customer,
"Quality Level Options" mean options for translation, stated as "Standard, Professional, Certified" in gotranslate Quality Standards.
3. Amendments/Updates in the Agreement
4. Establishment of the Agreement and Its Enforcement
4.1. On access to the Platform, whether or not the User signs up and independently from the duration of his/her activities, visits, membership and more of the same, this Agreement shall be established and entered into force and both Parties shall be deemed to have agreed to be legally bound and henceforth the User shall be deemed to have read, understood and confirmed this Agreement.
4.2. Following the establishment of this Agreement as stated in 4.1., this Agreement shall remain in force and legally bind the Parties during the time that the User accesses to/uses the Platform, its contents/services, independently from the time period of the User’s access to the referred.
5. Use of Gotranslate Contents/Services and Obligations Related to the User Account
5.1. Age Restriction
In order to use/make use of Gotranslate Platform and its contents/services, Users must not be under the age of 18 or under the legal age in his/her country. Minors are strictly prohibited to use the Platform and its contents/services. If the User misrepresents his/her age during the registration, Gotranslate shall have a right to cancel the referred User’s account. By accessing/using the Platform and its contents/services, the User shall agree and guarantee that he/she meets these age restriction requirements.
5.2. Use of User Accounts
5.2.1. The User shall agree and guarantee to give complete and accurate information and update the referred information accordingly when the User signs in the Platform and/or uses the Gotranslate contents/services in any manner.
5.2.2. In no event shall the User have any right to let third-parties use, whether permanently or temporarily, his/her account information or any other authorizations on the Platform. Otherwise, Gotranslate may suspend the respective User account permanently or temporarily.
5.2.3. The User shall be solely responsible for the consequences of letting third parties use his/her account. In no event shall third parties, who use the User’s account whether permanently/temporarily and partially/completely, put forward any right or claim against Gotranslate.
5.2.4. The User shall agree and guarantee not to create multiple user accounts for any reason. Otherwise, the User shall be responsible for any adverse outcome regarding such breach.
5.2.5. The User shall agree and guarantee not to share his/her account information with any other third party, to protect and keep the referred information confidential and to notify Gotranslate immediately in case of such a safety breach. Gotranslate is not responsible for any damage, loss, cost and any other adverse outcome arising out of such unauthorized use.
5.2.7. The User shall agree not to violate, reverse engineer, decompile, reverse, disassemble or in other ways exploit the Platform and its contents/services. Additionally, the User shall agree not to provide aid and assistance to others in relation to the referred actions.
5.2.8. While using Gotranslate services/contents, The User shall agree and guarantee not to transfer, communicate, publish, display, save, post, send, forward, store, provide access any content construed as illegal, harassing, threatening, harmful, torts, defamatory, abusive, rude, containing violence, slang, pornographic, sexually offensive, interference to other people’s private life, racist or humiliating, ethnic identities or similarly inconvenient to Gotranslate, its affiliates, directors, employees, other Users, and any other third parties and not to use Gotranslate contents/services in the referred manner. Otherwise, the User shall be exclusively responsible for his/her related actions. Gotranslate reserves the right to remove any such material from the Platform without any notice.
5.2.9. In cases where the User violates the clauses stated hereinabove above, the User account shall be suspended permanently/temporarily and the User may be deprived of accessing Gotranslate services/contents by Gotranslate and if demanded by official authorities, Gotranslate shall disclose contents generated by the User, which violate the clause hereinabove.
5.2.10 Gotranslate shall only be liable for the removal of the referred illegal contents from the related User account and the Platform as long as the removal is technically possible and Gotranslate shall not be liable for the referred removal against the respective User.
5.2.11. Without Gotranslate’s explicit written authorization, the User shall not make Translators to provide translations services outside the Platform or make Gotranslate Customers to send their Customer Materials outside the Platform or negotiate translation fees for a Translation Order with other Users directly and not attempt to do the referred actions. In addition, the User shall guarantee not to communicate or not attempt to communicate with Translators except the areas provided on Platform
5.2.12. Gotranslate shall not be liable for any condition and consequence arising out of or relating to the loss or unavailability of the User accounts and/or any component/contents on these User accounts as a result of technical reasons while providing contents/services.
5.2.13. In order to protect the Users from improper advertising or solicitation and to maintain usage integrity on the Platform, Gotranslate shall have right to restrict access of services/contents for Users on the Platform partially or completely.
5.2.14. There may be third-party links, contents, including advertisements, on Gotranslate Platform. The User shall decide solely whether to access or use or not to use contents of third parties via Platform. Terms and conditions of use of the referred contents shall be determined by their owners. In this regard, Gotranslate do not have any power to determine these terms and conditions of use and any dispute or claim in relation to the referred terms and conditions of use shall not be asserted against Gotranslate.
6. Translation Services
6.1. Translators provide translation services via Gotranslate platform shall be tested by Gotranslate, once or more than once, in order to determine their skills/profession for translation services. Evaluation of these tests and assignment of Translators for Translation Orders are exclusively determined by Gotranslate and its decisions/determinations are final.
6.2. In order to get translation services via Platform, Gotranslate Customers have to give Translation Orders. In a Translation Order, Gotranslate Customers shall determine and provide certain information, including Quality Level Options, Gotranslate Customers may demand translation of their materials into one/more languages, with a single Translation Order. Gotranslate Customers shall have to provide all necessary information/documents for translation. Since the quality of translations depends on Customer Materials provided, Gotranslate Customers shall agree and guarantee that information/documents provided by them are explicit, accurate and complete.
6.3. Translation Orders given by Gotranslate Customers are recorded to the Gotranslate system and Gotranslate assign a Translator according to his/her skills/profession and availability. Gotranslate Customers shall have right to cancel any of their Translation Orders via e-mail or through their account on Platform, without any payment liability, if a respective order has not yet been engaged by a Translator. Otherwise, Translation Orders cannot be cancelled and there will be no refund of their payment.
6.4. Gotranslate shall not guarantee that a particular Translator or that any Translator will engage on a Translation Order. For each Translation Order, Gotranslate shall state an estimated time for completion of translation but this may not be an exact delivery time. Gotranslate shall not guarantee that translation service will be completed on that estimated time. When translation service is completed, Gotranslate notify respective Gotranslate Customer about the completion for review.
6.5. Upon Gotranslate’s notification stated hereinabove, Gotranslate Customer will have .... hours to review Translated Contents. Translated Contents will be deemed approved if Gotranslate Customers approves it or do not respond in any manner within that time period. If Gotranslate Customer believes that Translated Contents do not comply with Gotranslate Quality Standards then Gotranslate Customer has to reject and object within that time period. Gotranslate shall answer your rejection within a reasonable time.
7.1. Some of the contents/services provided on Platform may require payment and the rest of them may be free. Gotranslate shall have exclusive right to determine which contents/services require payment and in what way and how long this determination will continue.
7.2. In relation to translation services on Gotranslate Platform, payments are made by Gotranslate Customers, on the date that Translation Order is given. Payments are executed via Visa , Mastercard, AMEX, UnionPay, Apple Pay, STC pay, SADAD, Mada Pay, PayPal, NETBANKING. If a Gotranslate Customer’ membership is defined as "Approved Corporate Membership", those respective Gotranslate Customers shall have the right to make their payments monthly in return for the proper invoice.
7.3. Gotranslate shall have the right to suspend payment if the source of the payment is suspected to be fraudulent. In such case, if payment is done to the Translator, the Translator is obliged to return payment completely to Gotranslate. Otherwise, failing shall be considered a breach of this Agreement and Gotranslate shall have right to terminate this Agreement and/or suspend the respective User account permanently/completely.
7.4. Any User, which Gotranslate cancels their membership due to violation of this Agreement, will receive no credit/payment or any kind of financial interest.
8.2. It may be required for the User to provide some information (including but not limited to their name, surname, e-mail address, information about their language skills) during registration. Gotranslate pays attention to take neceessary measures for protection the referred information.
8.4. Gotranslate may disclose Client Materials to potential Translators, for the sole purpose of allowing him/her to preview the content in order to decide whether to engage Translation Order. In this regard, the Users are solely responsible for editing or removing any confidential or personally identifiable information in Client Materials if the Users do not want to disclose that information.
9. Intellectual Property Rights
9.1. Any visual/written content, any copyrighted material and/or any other protected proprietary information/content, trademarks on Platform, and any title, rights, and interests on the referred are exclusively owned by Gotranslate. Nothing in this Agreement shall be construed to provide any right to use or license to the Users on Gotranslate’s marks, trademarks for any purpose, without the express prior written content of Gotranslate. Except as set forth herein, the User shall not in any way copy, modify, publish, transmit, retransmit, display, sell, distribute, or reproduce or use in any manner any content or material stated herein.
9.2. The User shall agree that any right, title or interest on any content, any copyrighted materials, and any other protected proprietary materials on Gotranslate Platform (including, but not limited to translated contents/contents disclosed by the Users) any rights on the referred including intellectual property rights are the sole property of Gotranslate; Translated Contents and any economic rights on these Translated Contents (including right to reproduce, adaptation, performance, distribute and transmit, retransmit, communicate) shall be transferred to the respective Gotranslate Customers without any limitation, only if they comply with this Agreement and approve Translated Contents.
9.3. The User shall agree that all kinds of contents, services and/or other materials, documents provided on Gotranslate Platform are protected by Intellectual Property Law, Trademark Law, Patent Law, and related international treaties and any other similar laws and the Agreement. In this regard, the User shall guarantee not to act against the referred rules and regulations and to be exclusively liable for any adverse outcome in case of any breach.
9.4. In relation to translation services provided for Gotranslate Customers, any content and any other copyrighted materials and protected proprietary information provided by third parties to the Platform and any rights on the referred belongs to their third party respective owners (Gotranslate Customers) which provide the referred to the Platform. The User shall agree and guarantee not to breach any of the referred Gotranslate Customers’ rights.
9.5. By posting any information or content to any public area of the Platform, the User shall automatically grant and represent and warrant that he/she has the right to grant the Owner and other Users an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, copy, perform, distribute, display, communicate, reproduce, to grant and authorize sublicenses, prepare derivative works of or incorporate into other works and use in any other manner.
10. Indemnification and Recourse
11. Waiver of Warranty
11.1. GOTRANSLATE PLATFORM AND ITS CONTENTS/SERVICES ARE PROVIDED "AS IS". THE USER USES THE REFERRED AT HIS/HER OWN RISK AND CONTROL. GOTRANSLATE SHALL GIVE NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AGAINST ANY KIND OF DEFECT, SEIZURE, THIRD-PARTY OWNERSHIP, INTELLECTUAL PROPERTY OWNERSHIP CLAIMS AND CONCERNING THE CONTINUITY, ACCURACY, RELIABILITY, QUALITY, UNINTERRUPTIBILITY OF THE PLATFORM AND ANY OF ITS CONTENTS AND SERVICES OR ANY TIME PERIOD EXCLUDING THE TIME WHILE OPERATING.
11.2. THE PROVISIONS OF NO-WARRANTY CLAUSE 11.1 ABOVE SHALL NOT BE INTERPRETED AS THAT GOTRANSLATE HAS TAKEN OR WILL TAKE DELIBERATE ACTIONS FOR ANY KIND OF PROBLEM SET FORTH IN 11.1 OR HAS PURSUED OR WILL PURSUE THESE KINDS OF ACTIONS AND GOALS.
12. Limitation of Liability
12.1. IN NO EVENT WHETHER IN CONTRACT, TORT, OBJECTIVE LIABILITY OR ANY OTHER LEGAL LIABILITY REGULATIONS AND PRINCIPLES SHALL GOTRANSLATE BE LIABLE TO THE USER OR ANY THIRD PARTIES RELATED TO THE USER UNDER ANY CIRCUMSTANCES WITHOUT LIMITATION IN TIME FOR ANY CONSEQUENCE, LOST PROFIT, LOST SAVING OR INCIDENTAL, INDIRECT, DIRECT, SPECIAL, PERSONAL, PUNITIVE, MULTIPLE OR CONSEQUENTIAL DAMAGE, LOSS ARISING OUT OF THE USER’S USE, ABUSE, INABILITY TO USE, MISUSE OF THE GOTRANSLATE PLATFORM AND/OR ITS CONTENTS/SERVICES, OR GROSS NEGLIGENCE OF THIS AGREEMENT EVEN IF GOTRANSLATE, ITS AFFILIATES, DIRECTORS, EMPLOYEES ARE INFORMED OR SHOULD BE INFORMED ABOUT THE POSSIBILITY OF SUCH DAMAGES AND CONSEQUENCES AND/OR BY WAY OF ASSERTING ANY CLAIM OF THIS KIND.
12.2. UNDER NO CIRCUMSTANCES, THE USER SHALL DEMAND FROM GOTRANSLATE ANY COMPENSATION, IN RELATION TO THIS AGREEMENT DIRECTLY/INDIRECTLY, MORE THAN THE SINGLE PAYMENT AMOUNT OF SUCH INDIVIDUAL TRANSACTION THAT IS SUBJECT TO SUCH CLAIM.
13. Force Majeure
Gotranslate shall not be liable for any failure or delay in the performance of this Agreement (including but not limited to the failures by Gotranslate to comply with its obligations contained in this Agreement) by an event of force majeure, reasonably unpredictable events occurring beyond the control of Gotranslate (including but not limited to, acts of Allah, war, riot, embargo, acts, decisions and regulations of civil or military authorities, fire, flood, accident, strike, limitation on transportation facilities or unavailability of fuel, power, labor or materials).
14. Relationship Between the Parties
This Agreement shall not constitute and not to be interpreted as forming a joint venture, partnership, agency, employment or any other similar relationship between the Parties. This Agreement shall not affect any other previous agreements between the Parties as long as these previous agreements shall not contravene the provisions of this Agreement.
15. Headings and Interpretation
The section headings contained in this Agreement are for reference purposes only. These headings shall have no legal effect and shall not in any way affect the meaning or interpretation of this Agreement.
16. Partial Invalidity
If any provision contained in this Agreement is found to be illegal or unenforceable for any reason, that provision shall be replaced by a valid one to the maximum extent permissible so as to affect the intent of the Parties and the remainder of this Agreement shall remain in full force and effect. However, if it is determined that the clause found to be illegal or unenforceable could not be reformulated, it is agreed that the clause in question is separable from the remaining provisions of the Agreement and that determination shall not affect the validity and enforceability of these remaining provisions.
17. Assignment and Transfer
17.1. The User shall not assign, transfer or charge any right or warrant hold directly or indirectly related to this Agreement, to any third party, without prior written consent of Gotranslate.
17.2. Gotranslate may assign, transfer or charge all or part of its rights, warrants or obligations under this Agreement, at any time, to any third party, with giving notice to the User.
18.1. Gotranslate’s failure to exercise any provision contained in this Agreement shall never be interpreted as a waiver or shall not constitute relinquishment of the Parties’ right to assert or rely upon the provision in question or any other provision in this Agreement.
18.2. Gotranslate’s explicit waiver of any provision in this Agreement shall never constitute Gotranslate’s relinquishment of its obligation to act according to the provision in question in the future.
19. Applicable Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of the kingdom of Saudi Arabia. The Parties consent to the exclusive jurisdiction of Saudi Arabia Courts and Execution Offices for any dispute arising out of this Agreement.