Terms and Conditions

PREAMBLE

THESE TERMS AND CONDITIONS CONSTITUTE AN AGREEMENT BETWEEN PORTINGLÊS TRANSLATIONS AND YOU AND SUPERSEDE ALL PRIOR AGREEMENTS,
UNDERSTANDINGS AND NEGOTIATIONS ON THE SUBJECT MATTER OF
THE TRANSLATION SERVICE PROVIDED BY PORTINGLÊS TRANSLATIONS OR HOW PORTINGLÊS TRANSLATIONS OPERATES.
USE OF THIS WEBSITE (WWW.PORTINGLESTRANSATIONS.COM) AND SERVICES PROVIDED TO YOU IS GOVERNED BY THESE TERMS AND CONDITIONS OR POLICIES
THAT MAY BE PUBLISHED BY THE PORTINGLÊS TRANSLATIONS. IF YOU ARE REFERRED TO THIS WEBSITE BY ANOTHER WEBSITE, URL,
DOMAIN TRANSFER OR SEARCH ENGINE THE TERMS AND CONDITIONS OF THIS WEBSITE AND PORTINGLÊS
TRANSLATIONS WILL APPLY TO OUR SERVICES AND INFORMATION PROVIDED ON OUR WEBSITE.

1. YOUR RELATIONSHIP WITH PORTINGLÊS TRANSLATIONS

1.1 PORTINGLÊS TRANSLATIONS IS SOLELY OWNED AND OPERATED BY APPLEGUM HOLDINGS PTY LTD ABN 22 614 922 726
1.2 YOUR USE OF OUR SERVICES AND WEBSITE (REFERRED TO COLLECTIVELY AS THE “SERVICES” IN THIS DOCUMENT)
IS SUBJECT TO THE TERMS AND CONDITIONS OF A LEGAL AGREEMENT BETWEEN YOU AND PORTINGLÊS TRANSLATIONS.
THIS DOCUMENT EXPLAINS HOW THE AGREEMENT IS MADE UP, AND SETS OUT SOME OF THE TERMS AND CONDITIONS OF THAT AGREEMENT.
1.3 UNLESS OTHERWISE AGREED IN WRITING WITH PORTINGLÊS TRANSLATIONS, YOUR AGREEMENT WITH PORTINGLÊS TRANSLATIONS WILL ALWAYS INCLUDE,
AT A MINIMUM, THE TERMS AND CONDITIONS SET OUT IN THIS DOCUMENT.
IT IS IMPORTANT THAT YOU TAKE THE TIME TO READ THIS CAREFULLY. COLLECTIVELY, THIS LEGAL AGREEMENT IS REFERRED AS THE “TERMS AND CONDITIONS”.
1.4 YOU AND PORTINGLÊS TRANSLATIONS BOTH CONFIRM AND DECLARE THAT THE PROVISIONS OF THE TERMS AND CONDITIONS ARE FAIR AND REASONABLE
AND BOTH YOU AND PORTINGLÊS TRANSLATIONS HAVING TAKEN THE OPPORTUNITY TO OBTAIN INDEPENDENT LEGAL ADVICE AND DECLARE THE TERMS AND
CONDITIONS ARE NOT AGAINST PUBLIC POLICY ON THE GROUNDS OF INEQUALITY OR BARGAINING POWER OR GENERAL GROUNDS OF RESTRAINT OF TRADE.
1.5 IN ORDER TO USE OUR SERVICES, YOU MUST FIRST AGREE TO THE TERMS AND CONDITIONS. YOU MAY NOT USE OUR SERVICES
IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS.
1.6 YOU ACCEPT THE TERMS AND CONDITIONS BY REMAINING ON THE WEBSITE AND/OR BY USING THE SERVICES (INCLUDING,
BUT NOT LIMITED TO REQUESTING A QUOTE OR REQUESTING THAT PORTINGLÊS TRANSLATIONS PROCEED WITH A SERVICE).
IN THIS CASE, YOU UNDERSTAND AND AGREE THAT PORTINGLÊS TRANSLATIONS WILL TREAT YOUR USE OF THE SERVICES
AS ACCEPTANCE OF THE TERMS AND CONDITIONS FROM THAT POINT ONWARDS.

2. EXCLUSION OF WARRANTIES

2.1 NOTHING IN THESE TERMS AND CONDITIONS SHALL EXCLUDE OR LIMIT PORTINGLÊS TRANSLATIONS’ WARRANTY OR LIABILITY FOR LOSSES,
WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR
CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS,
OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS,
WHICH ARE LAWFUL IN THE AUSTRALIAN CAPITAL TERRITORY WILL APPLY TO YOU, AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
2.2 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”
2.3 IN PARTICULAR, PORTINGLÊS TRANSLATIONS, ITS SUBSIDIARIES AND AFFILIATES DO NOT REPRESENT OR WARRANT TO YOU THAT:

(A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS,

(B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,

(C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE.

2.4 YOU INDEMNIFY US FROM ANY LIABILITY IN CONNECTION WITH USING THE MATERIAL YOU HAVE PROVIDED TO US AND GRANT US LICENSE TO STORE AND USE THIS MATERIAL
SO WE CAN PROVIDE THE REQUIRED TRANSLATION SERVICE TO YOU.
2.5 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PORTINGLÊS TRANSLATIONS OR THROUGH OR THE SERVICES SHALL
CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS AND CONDITIONS.
2.6 PORTINGLÊS TRANSLATIONS FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND,
WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

3. LIMITATION OF LIABILITY

3.1 SUBJECT TO OVERALL PROVISION IN CLAUSE 2, YOU EXPRESSLY UNDERSTAND AND AGREE THAT PORTINGLÊS TRANSLATIONS, ITS SUBSIDIARIES, ITS AFFILIATES, ITS LICENSOR, ITS TRANSLATORS, ITS CONTRACTORS,
ITS DIRECTORS’ LIABILITY WILL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO US FOR OUR SERVICES.
3.2 OUR LIABILITY DOES NOT EXTEND TO ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHICH MAY BE INCURRED BY YOU, HOWEVER,
CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY),
ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;
3.3 OUR LIABILITY DOES NOT EXTEND TO ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
3.3.1. ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF OUR TRANSLATION;
3.3.2. ANY CHANGES WHICH PORTINGLÊS TRANSLATIONS MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES
(OR ANY FEATURES WITHIN THE SERVICES);
3.3.3 THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE
OF THE SERVICES, INCLUDING CLOUD STORAGE OR EMAIL SERVICES PROVIDED BY A THIRD PARTY SUPPLIER AND WHICH IS BEYOND OUR CONTROL;
3.3.4. YOUR FAILURE TO PROVIDE PORTINGLÊS TRANSLATIONS WITH ACCURATE INFORMATION.
3.4 THE LIMITATIONS ON PORTINGLÊS TRANSLATIONS’ LIABILITY TO YOU AT CLAUSE 3.1 SHALL APPLY WHETHER OR NOT PORTINGLÊS TRANSLATIONS HAS BEEN ADVISED
OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
3.5 BARRING ANY UNFORESEEN CIRCUMSTANCES AND/OR CIRCUMSTANCES BEYOND OUR CONTROL, PORTINGLÊS TRANSLATIONS WILL
ENDEAVOUR TO SEND THE TRANSLATIONS BY THE DATE SPECIFIED IN THE ACCEPTANCE OF ORDER/QUOTE. PORTINGLÊS TRANSLATIONS WILL INFORM YOU IF THE DEADLINE CANNOT
BE MET BY US. A DELAY IN DELIVERY DOES NOT MEAN THAT YOU ARE ENTITLED TO REJECT DELIVERY, CANCEL YOUR ORDER WITH US OR AVOID PAYING THE AGREED FEE.
3.6 PORTINGLÊS TRANSLATIONS EXPRESSLY REPUDIATE ANY LIABILITY FOR CONSEQUENCES OF ANY DELAY OR FAILURE TO DELIVER BY THE STIPULATED DATE IN ANY FORM.
PORTINGLÊS TRANSLATIONS IS NOT RESPONSIBLE IF THE TRANSLATION IS LOST OR DAMAGED DUE TO FAULTY DELIVERY BY POSTAL OR ELECTRONIC SERVICES.
3.7 IF YOU ARE DISSATISFIED WITH A TRANSLATION PROVIDED BY US, YOU MUST CONTACT US WITHIN 30 DAYS OF DELIVERY OF THE TRANSLATION,
SO PORTINGLÊS TRANSLATIONS CAN RECTIFY ANY GENUINE INACCURACIES OR MISTAKES TO OUR SATISFACTION OR OFFER EXPLANATIONS.
THIS DOES NOT ENTITLE YOU TO DELAY PAYMENT FOR THE SAID TRANSLATION.
3.8 THE WEBSITE MAY CONTAIN LINKS TO OTHER WEBSITES OPERATED, CONTROLLED OR PRODUCED BY THIRD PARTIES. UNLESS OTHERWISE INDICATED,
PORTINGLÊS TRANSLATIONS DOES NOT CONTROL, ENDORSE, SPONSOR OR APPROVE ANY SUCH THIRD PARTY WEBSITES OR THEIR CONTENT NOR DOES PORTINGLÊS
TRANSLATIONS PROVIDE ANY WARRANTY OR TAKE ANY RESPONSIBILITY WHATSOEVER FOR ANY ASPECT OF THOSE WEBSITES OR THEIR CONTENT.

4. REFUNDS POLICY

4.1 THE AMOUNT OF REFUND ISSUED, UPON REQUEST FROM CLIENT, IS SOLELY TO BE DECIDED BY PORTINGLÊS TRANSLATIONS.
4.2 A FULL REFUND REQUEST WILL ONLY BE CONSIDERED IF NO TRANSLATION WORK HAS STARTED FOR A PARTICULAR ASSIGNMENT.

5. DELIVERY POLICY

5.1 DELIVERY OF TRANSLATION SERVICES WILL BE PROVIDED BY A THIRD PARTY EMAIL SERVICE AND IS SUBJECT TO CLAUSE 3.3.3.
5.2 WHEN EMAILING YOU A TRANSLATED DOCUMENT/S, WE EITHER MAY PROVIDE THE TRANSLATED DOCUMENTS IN PDF FORMAT OR PROVIDE A CLOUD
STOAGE LINK SO THAT YOU CAN DOWNLOAD YOUR TRANLATED DOCUMENTS FOR UP TO 30 DAYS.
5.3 IF CERTIFIED PAPER TRANSLATIONS ARE REQUIRED, WE WILL POST THE DOCUMENTS TO AN AUSTRALIAN
ADDRESS USING REGISTERED POSTAGE AT YOUR EXPENSE.

6. COMMUNICATING WITH US

6.1 PORTINGLÊS TRANSLATIONS IS AN ONLINE BUSINESS, WE WILL COMMUNICATE WITH YOU VIA EMAIL. YOU CAN CONTACT US AT INFO@PORTINGLESTRANSLATIONS.COM

7. SEVERANCE

7.1 IF ANY PART OF THESE TERMS AND CONDITIONS ARE FOUND TO BE VOID OR UNENFORCEABLE BY A COURT OF COMPETENT JURISDICTION,
THAT PART SHALL BE SEVERED AND THE REST OF THE TERMS AND CONDITIONS SHALL REMAIN IN FORCE.

8. VENUE AND JURISDICTION

8.1 THE SERVICES OFFERED BY PORTINGLÊS TRANSLATIONS ARE INTENDED TO BE VIEWED BY RESIDENTS OF AUSTRALIA.
IN THE EVENT OF ANY DISPUTE ARISING OUT OF OR IN RELATION TO THE WEBSITE, YOU AGREE THAT THE EXCLUSIVE VENUE FOR RESOLVING ANY DISPUTE
SHALL BE IN THE COURTS OF AUSTRALIA CAPITAL TERRITORY, AUSTRALIA.

9. GOVERNING LAW

9.1 THE TERMS AND CONDITIONS ARE GOVERNED BY THE LAWS OF AUSTRALIA CAPITAL TERRITORY, AUSTRALIA. ANY DISPUTE, CONTROVERSY,
PROCEEDING OR CLAIM OF WHATEVER NATURE ARISING OUT OF OR IN ANY WAY RELATING TO THE TERMS AND CONDITIONS AND THE RIGHTS CREATED HEREBY SHALL BE GOVERNED,
INTERPRETED AND CONSTRUED BY, UNDER AND PURSUANT TO THE LAWS OF AUSTRALIA CAPITAL TERRITORY, AUSTRALIA,
WITHOUT REFERENCE TO CONFLICT OF LAW PRINCIPLES, NOTWITHSTANDING MANDATORY RULES. THE VALIDITY OF THIS GOVERNING LAW CLAUSE IS NOT CONTESTED.
THE TERMS AND CONDITIONS SHALL BE BINDING TO THE BENEFIT OF THE PARTIES HERETO AND THEIR SUCCESSORS AND ASSIGNS.

10. DISPUTE RESOLUTION

10.1. COMPULSORY: IF A DISPUTE ARISES OUT OF OR RELATES TO THE TERMS AND CONDITIONS, EITHER PARTY MAY NOT COMMENCE ANY TRIBUNAL OR
COURT PROCEEDINGS IN RELATION TO THE DISPUTE, UNLESS THE FOLLOWING CLAUSES HAVE BEEN COMPLIED WITH (EXCEPT WHERE URGENT INTERLOCUTORY RELIEF IS SOUGHT).
10.2. NOTICE: A PARTY TO THE TERMS AND CONDITIONS CLAIMING A DISPUTE (‘DISPUTE’) HAS ARISEN UNDER THE TERMS AND CONDITIONS,
MUST GIVE WRITTEN NOTICE TO THE OTHER PARTY DETAILING THE NATURE OF THE DISPUTE, THE DESIRED OUTCOME AND THE ACTION REQUIRED TO SETTLE THE DISPUTE.
10.3. RESOLUTION: ON RECEIPT OF THAT NOTICE (‘NOTICE’) BY THAT OTHER PARTY, THE PARTIES TO THE TERMS (‘PARTIES’) MUST:
(A) WITHIN 30 BUSINESS DAYS OF THE NOTICE ENDEAVOUR IN GOOD FAITH TO RESOLVE THE DISPUTE EXPEDITIOUSLY BY NEGOTIATION OR SUCH OTHER MEANS UPON
WHICH THEY MAY MUTUALLY AGREE;
(B) IF FOR ANY REASON WHATSOEVER, 30 BUSINESS DAYS AFTER THE DATE OF THE NOTICE, THE DISPUTE HAS NOT BEEN RESOLVED,
THE PARTIES MUST EITHER AGREE UPON SELECTION OF A MEDIATOR OR REQUEST THAT AN APPROPRIATE MEDIATOR BE APPOINTED BY AGREED MEDIATING SERVICE PROVIDER;
(C) THE PARTIES ARE EQUALLY LIABLE FOR THE FEES AND REASONABLE EXPENSES OF A MEDIATOR AND THE COST OF THE VENUE OF THE MEDIATION AND WITHOUT
LIMITING THE FOREGOING UNDERTAKE TO PAY ANY AMOUNTS REQUESTED BY THE MEDIATOR AS A PRE-CONDITION TO THE MEDIATION COMMENCING.
THE PARTIES MUST EACH PAY THEIR OWN COSTS ASSOCIATED WITH THE MEDIATION;
(D) THE MEDIATION WILL BE HELD IN THE AUSTRALIAN CAPITAL TERRITORY, AUSTRALIA.
10.4. CONFIDENTIALITY: ALL COMMUNICATIONS CONCERNING NEGOTIATIONS MADE BY THE PARTIES ARISING OUT OF AND IN CONNECTION WITH THIS DISPUTE
RESOLUTION CLAUSE ARE CONFIDENTIAL AND TO THE EXTENT POSSIBLE, MUST BE TREATED AS “WITHOUT PREJUDICE”
NEGOTIATIONS FOR THE PURPOSE OF APPLICABLE LAWS OF EVIDENCE.
10.5. TERMINATION OF MEDIATION: IF 30 DAYS HAVE ELAPSED AFTER THE START OF A MEDIATION OF THE DISPUTE AND THE DISPUTE HAS NOT BEEN RESOLVED,
EITHER PARTY MAY ASK THE MEDIATOR TO TERMINATE THE MEDIATION AND THE MEDIATOR MUST DO SO.

11. INDEMNITY

11.1. YOU AGREE TO INDEMNIFY PORTINGLÊS TRANSLATIONS, ITS AFFILIATES, EMPLOYEES, AGENTS, CONTRIBUTORS,
THIRD PARTY CONTENT PROVIDERS AND LICENSORS FROM AND AGAINST:
(A) ALL ACTIONS, SUITS, CLAIMS, DEMANDS, LIABILITIES, COSTS, EXPENSES, LOSS AND DAMAGE (INCLUDING LEGAL FEES ON A FULL INDEMNITY BASIS) INCURRED,
SUFFERED OR ARISING OUT OF OR IN CONNECTION WITH YOUR CONTENT;
(B) ANY DIRECT OR INDIRECT CONSEQUENCES OF YOU ACCESSING, USING OR TRANSACTING ON THE WEBSITE OR ATTEMPTS TO DO SO; AND/OR
(C) ANY BREACH OF THE TERMS AND CONDITIONS.


12. PAYMENT

12.1. WHERE THE OPTION IS GIVEN TO YOU, YOU MAY MAKE PAYMENT FOR THE SERVICES (THE ‘SERVICES FEE’) BY WAY OF:
(A) ELECTRONIC FUNDS TRANSFER (‘EFT’) INTO OUR NOMINATED BANK ACCOUNT
(B) PAYPAL AUSTRALIA PTY LIMITED (ABN 93 111 195 389) (‘PAYPAL’)
(C) ANY OTHER METHOD PRESCRIBED BY PORTINGLES TRANSLATIONS
12.2. ALL PAYMENTS MADE IN THE COURSE OF YOUR USE OF THE SERVICES ARE MADE USING PAYPAL AUSTRALIA PTY LIMITED (ABN 93 111 195 389)
(‘PAYPAL’) OR ANY OTHER METHOD PRESCRIBED BY PORTINGLES TRANSLATIONS
IN USING THE WEBSITE, THE SERVICES OR WHEN MAKING ANY PAYMENT IN RELATION TO YOUR USE OF THE SERVICES,
YOU WARRANT THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THE PAYPAL TERMS AND CONDITIONS WHICH ARE AVAILABLE ON THEIR WEBSITE.
12.3. YOU ACKNOWLEDGE AND AGREE THAT WHERE A REQUEST FOR THE PAYMENT OF THE SERVICES FEE IS RETURNED OR DENIED,
FOR WHATEVER REASON, BY YOUR FINANCIAL INSTITUTION OR IS UNPAID BY YOU FOR ANY OTHER REASON, THEN YOU ARE LIABLE FOR ANY COSTS,
INCLUDING BANKING FEES AND CHARGES, ASSOCIATED WITH THE SERVICES FEE.
12.4. YOU AGREE AND ACKNOWLEDGE THAT PORTINGLÊS TRANSLATIONS CAN VARY THE SERVICES FEE AT ANY TIME.