Terms and Conditions
1 Introduction and Terminology
We have provided this portal web site (the "Web Site") on condition that these
web site terms and conditions numbered 1 to 9 (the "Terms") regulate your Use
of it. By Using any part of this Web Site in any way you are signaling that you
agree to be fully bound by these Terms and that your Use of the Web Site will
be wholly in accordance with them.
In these Terms any use of the words "we", "us", "our" or similar expressions
shall mean Malvern Translations Ltd (trading as Translution), (Registered Number
6466018), of Malvern Hills Science Park, Geraldine Road, Malvern,
Worcestershire, WR14 3SZ, UK.
In these Terms any use of the words "you", "your" or similar expressions shall
mean any human User of any part of the Web Site whether via a standard web
browser or any other means of access (whether guided or automatic) whatsoever.
1.4 In these Terms a reference to any "Section" means the appropriate
section of these Terms unless the context indicates otherwise.
2 Use of this Web Site
We grant you personal, non-exclusive, non-transferable, royalty free license to
Use the Web Site via a standard Internet browser software (including browser
software designed for those with disabilities) on the basis set out in Section
2.2 below only.
2.2 You may download, access, view, translate, navigate and print
(together "Use") the materials constituting the Web Site provided that:
Any notices relating to ownership of any Intellectual Property in the Web Site
or any constituent materials of the Web Site shall be reproduced without
Unless authorized to do so by us, you will not attempt to gain access to any
areas of the Web Site to which you have not been intentionally granted access.
Subject to Section 4, unless authorized to do so by us in writing, you will not
attempt to copy, duplicate the style of, modify, reverse engineer, hack, spam,
bombard, subject to denial of service attacks, disassemble (other than as
provided for by English Law) or create derivative works based upon the Web Site
or any constituent part thereof;
d) You will not attempt to Use the Web Site in any manner which is
illegal under the laws of England or under the laws of the territory from which
you Use the Web Site.;
3 Intellectual Property
Intellectual Property Rights" means patents, registered designs, trade marks
and service marks (whether registered or not), copyright, design right, and all
similar property rights including those subsisting (in any part of the world)
in inventions, designs, drawings, performances, computer programs, confidential
information, business names, domain names, Terms and Conditions of Use of
Translution Website March 2008 goodwill and the style of presentation of goods
or services and in applications for protection of any of the above rights;
3.2 Subject to the limited license granted in Section 2, we or our
licensors retain ownership of and all Intellectual Property Rights in the Web
Site and all constituent parts including without limitation the domain name,
content, documents, images, source code, object code, server side code,
databases, applets, know how, goodwill, style, presentation and ?look and
feel'. Any trademarks used in or on the Web Site will remain the property of
their respective owners. You will not gain any Intellectual Property Rights to
or in the Web Site or any constituent part of the Web Site.
4 Downloading of Documents
4.1 Unless instructed otherwise by us, you may download and print a
reasonable number of copies of any documents available to you on the Web Site
solely for your own use.
We are committed to protecting your privacy and the confidentiality of any
Personal Data or Sensitive Personal Data (both as defined in the Data
Protection Act 1998, together "Specific Data") you supply to us whilst Using
this Web Site in compliance with the Data Protection Act 1998. In addition,
some of our Web Site monitoring systems collect certain general information
about all visitors to this Web Site in aggregate automatically for the purpose
of tracking site usage which does not contain any Specific Data ("General
Data"). By Using the Web Site all Users consent to the collection, storage,
processing and disclosure and transmission outside the European Economic Area
of General Data.
Data Protection Act 1998.
Specific Data may be collected if you upload or input any information or
content into the Web Site. Any Specific Data submitted by you will be held
securely by us and will be used for the primary purpose described at the point
of collection. The act of submitting Specific Personal Data will constitute
consent to use of the Specific Data for the primary purpose ("Primary
5.4 At any point where Specific Data is collected you will be provided
with the option of allowing us to use that Specific Data to provide you with
news that we consider might be of interest you, or to disclose certain Specific
Data to selected third parties. You may grant your permission to these
additional uses ("Secondary Consent") or not. If at any time after you have
granted or denied Secondary Consent you wish to alter that permission please
contact us here.
Other than where you have given Secondary Consent, we will not disclose any
Specific Data to any third party except as might be required by any court of
You shall comply completely with the Data Protection Act 1998 throughout your
Use of the Web Site.
5.7 Specific Data and General Data delivered to us via our Web Site will
be stored in a secure manner.
6 Liability and Disclaimers
Nothing in these Terms shall limit either party's liability to the other for
death or personal injury caused by their negligence or any other forms of
liability which cannot lawfully be limited.
THIS WEB SITE IS PROVIDED ON AN 'AS IS' BASIS AND THE USE OF THE WEB SITE IS
DONE ENTIRELY AT YOUR OWN RISK. WE HEREBY EXCLUDE ALL REPRESENTATIONS OR
WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF ANY
INFORMATION ON THE WEB SITE TO THE MAXIMUM EXTENT ALLOWED BY ENGLISH LAW. WE
SHALL NOT BE LIABLE FOR ANY LOSSES, COSTS, CLAIMS, DEMANDS, DAMAGES AND
EXPENSES (EACH WHETHER DIRECT OR INDIRECT) RESULTING FROM ANY UNAVAILABILITY
(WHETHER TEMPORARY OR PERMANENT) OF THE WEB SITE OR ANY CONSTITUENT PART, OR
ANY CHANGES (WHETHER ANNOUNCED OR UNANNOUNCED) TO THE WEB SITE OR ANY
IN THE EVENT THAT THIS WEB SITE CONTAINS ANY LINKS TO ANY THIRD PARTY WEB SITES
SUCH LINKS SHALL NOT SIGNAL ANY RECOMMENDATION OF OR AFFILIATION WITH THOSE
THIRD PARTY WEB SITES. WE SHALL NOT BE LIABLE IN ANY WAY FOR THE CONTENT OF
THOSE WEB SITES AND THE USE OF ANY THIRD PARTY WEB SITES IS DONE ENTIRELY AT
YOUR OWN RISK.
6.4 Subject to Section 7.1, in any event our total aggregate liability
to you under these Terms shall be limited to £50 (fifty pounds sterling).
7 Rights of third parties
7.1 The Contracts (Rights of Third Parties) Act 1999 shall not apply to
these Terms except to the extent specified by this Section 8. No person who is
not a party to these Terms (including any employee, officer, agent,
representative or subcontractor of either party) shall have the right (whether
under the Contracts (Rights of Third Parties) Act 1999 or otherwise) to enforce
any term of these Terms which expressly or by implication confers a benefit on
that person without the express prior agreement in writing of both parties to
these Terms which agreement must refer to this Section 8.1.
8 Changes to the Web Site and Termination
We may add, delete or change the Web Site or any constituent part or any at any
time without notice or explanation to you for any reason or no reason.
8.2 We may terminate your license to use the Web Site or any constituent
part of it at any time:
if you are, or have been, in breach of any term of these Terms;
if you indicate, whether directly or by a course of conduct, that you do not
agree to these Terms; or
c) for any reason or no reason whatsoever.
These Terms contain the entire agreement between the parties in relation to
their subject matter. In addition, you acknowledge that you have not entered
into the agreement on these Terms because of, or in reliance upon, any
statement or representation made by us or on our behalf whether prior to or
after the commencement of this agreement.
These Terms may be amended by us at any time without notice or explanation to
you. You will be deemed to accept the amended Terms when you next Use this Web
Site following any such amendment by us.
The rights and remedies of either party in respect of these Terms shall not be
diminished by the granting of any indulgence granted by such party to the other
intentionally or otherwise. Any waiver of any breach of these Terms shall be in
writing and shall not prevent the subsequent enforcement of that provision and
shall not be deemed to be a waiver of any subsequent breach of that or any
If at any time any part of these Terms are held to be or become void or
unenforceable for any reason under any applicable law, the same shall be deemed
omitted from these Terms and the validity and/or enforceability of the
remaining provisions of these Terms shall not in any way be affected or
impaired as a result of that omission.
9.5 These Terms shall be governed by, and construed in accordance with,
the laws of England and any dispute or matter arising under or in relation to
these Terms shall be subject to the exclusive jurisdiction of the English
Courts to which the parties irrevocably submit.