Terms of Service

1. Your relationship with Mighty Translation

Mighty Translation is operated by Australia Translators Pty Ltd (ABN 79612709289). Your use of our services and web site (referred to collectively as the "Services" on this document) is subject to the terms of a legal agreement between you and Mighty Translation. This document explains how the agreement is made up, and sets out some of the terms of that agreement.

Unless otherwise agreed in writing with Mighty Translation, your agreement with Mighty Translation will always include, at a minimum, the terms and conditions set out on this document. It is important that you take the time to read this carefully. Collectively, this legal agreement is referred to below as the "Terms".

In order to use our Services, you must first agree to the Terms. You may not use our Services if you do not accept the Terms.

You can accept the Terms by actually using the Services. In this case, you understand and agree that Mighty Translation will treat your use of the Services as acceptance of the Terms from that point onwards.

2. Exclusion of Warranties

2.1 Nothing in these terms, shall exclude or limit Mighty Translation's warranty or liability for losses which may not be lawfully excluded or limited by applicable 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 your jurisdiction 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, Mighty Translation, 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 No advice or information, whether oral or written, obtained by you from Mighty Translation or through or from the Services shall create any warranty not expressly stated in the terms.

2.5 Mighty Translation further expressly disclaims all warranties and conditions of any kind, whether express 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 POINT 2 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT MIGHTY TRANSLATION, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:

(A) 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;

(B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:

1. ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF OUR TRANSLATION
2. ANY CHANGES WHICH MIGHTY TRANSLATION 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. 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;
4. YOUR FAILURE TO PROVIDE MIGHTY TRANSLATION WITH ACCURATE INFORMATION;

3.3 THE LIMITATIONS ON MIGHTY TRANSLATION'S LIABILITY TO YOU IN POINT 3.1 ABOVE SHALL APPLY WHETHER OR NOT MIGHTY TRANSLATION HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.

4. Refunds Policy

4.1 The amount of refund issued, upon request from client, is solely decided by the client manager for each assignment.

4.2 A full refund request will only be considered if no translation work has started for a particular assignment.

5. Delivery and Order Policy

5.1 Delivery of translation services will be provided by email.

5.2 With your use of the Services, you accept that the translator(s) makes the final decision for any changes requested with regards to translations delivered.

5.3 With your use of the Services, you accept that all changes requested for translation must be communicated clearly in writing via email for consideration, and for further delivery if changes are made to the translations.

5.4 With your use of the Services, you accept extract translation may be provided if determined appropriate by the translator for the delivery of certified translations.

5.5 With your use of the Services, you accept that you may not change the document for translation once payment has been made. Any further document submissions will be quoted separately.

5.6 With your use of the Services, you accept that the translator cannot be forced to correct any perceived / known 'errors' or 'mistakes' on the document for translation, using translation.

5.7 With your use of the Services, you accept that the translator is not responsible for providing currency conversion, interpretation, explanation or reference notes, in addition to the actual translation provided.

5.8 With your use of the Services, you accept that the translator will consider but cannot be coerced or forced to accept official spelling of names if it does not match the source document, for the names derived from languages such as Thai, Hindi, Punjabi, Urdu, Farsi, Greek, Russian and Ukrainian.

5.9 If there is a substantial discrepancy between the actual word count and submitted word count from an order on the Order page, we'll advise the cost difference (* short amount) and await your decision before translation commencement. A custom payment page is provided to pay the differnce amount. In the even that you decide to cancel the order based on the actual and higher cost, we're able to provide full refund. A partial refund based on a lower actual cost is processed automatically by our system.

5.10 We reserve the right to cancel or put on hold any orders for reasons such as but not limited to the following:

• Legibility issues for scans / handwriting where a clearer copy and/or clarification is needed
• Document is truncated resulting in incomplete sentences and text that affects the translation; a better copy is needed
• The source document language is not the same as what is indicated during order
• Dubious or questionable content for translation which may be regarded as offensive
• Request for urgent delivery / specific deadline communicated after order

6. Confidentiality

All knowledge and information expressly identified by you in writing as confidential which Mighty Translation acquires shall be maintained in confidentiality by Mighty Translation and used only for the purposes of providing the Services. Unless expressly authorized by you in writing, these knowledge and information shall not be published by Mighty Translation and shall not be authorized by Mighty Translation to be published by others.

7. Legal Responsibility

With your use of the Services, you guarantee that the requested translation does not infringe any copyright or any other right derived from the intellectual or industrial property of the documentation delivered for translation and that it will not be destined to any illegal use. Similarly, you guarantee to maintain Mighty Translation independent of any claim presented by third parties to this respect.