Website T & C's / Privacy Policy

Website terms and conditions : Buyers

Terms and Conditions applicable to a buyer of Translation Services using ChineseWisper

These terms and conditions are the contract between you and ChineseWisper (“us”, “we”, etc). By visiting or using Our Website, you agree to be bound by them. Our suppliers may also impose additional terms and conditions to which your contract with them will be subject.

ChineseWisper is a trade name of Chinese Wisper Ltd, 6253997 incorporated in New Zealand, whose registered address is at 2/75 Bassett Road, Remuera, Auckland.

Under 18 years? Sorry, but we deal only with people who are legally able to enter into a binding contract. Please ask someone over 18 to buy your Translation Service on your behalf.

Please read this agreement carefully and save it. If you do not agree with it, you should leave Our Website and stop using Our Website or the Translation Service immediately.

1. Definitions

“Content” means the textual, visual or audio content that is encountered as part of your experience on Our Website. It may include, among other things: text, images, sounds, videos and animations. It includes content Posted by you.

"Post" means display, exhibit, publish, distribute, transmit and/or disclose information, details and/or other material on Our Website, and the phrases "Posted" and "Posting" shall be interpreted accordingly.

“Translation Service” means all of the Translation Service’s offered for sale through Our Website by a Translation Provider.

“Translation Provider” means a person who offers a Translation Service for sale on Our Website.

“Our Website” means any website of ours, and includes all web pages controlled by us.

“User” means any person other than you who uses or visits the website for any purpose.

"you” “yours” etc, means you, the party to this agreement.

2. Our contract

     2.1. ChineseWisper is neither a buyer nor provider of Translation Service’s offered for sale. We are neither a principal nor agent in a buying transaction.

     2.2. ChineseWisper is a marketplace. We are agents of a Provider only to the extent of use of Our Website as a platform for sale of his or her Translation Service and for collection and forwarding of your money.

     2.3. We welcome any comment or complaint about a Translation Provider, which you make through Our Website. We may act upon a complaint in our discretion, for the benefit of the body of ChineseWisper members.

     2.4. We are not responsible for supply of any Translation Service you order or for the cancellation and refund procedure should you decide to cancel a Translation Service for any reason.

     2.5. We are not responsible to you further than to take your money and pass it to the Translation Provider.

     2.6. These terms and conditions regulate the business relationship between you and us. By using Our Website free of charge, you agree to be bound by them.

     2.7. We provide a market place for the supply of Translation Service’s. We are in no way responsible for:

      2.7.1 your locating and ordering a Translation Service;

2.7.2 your choice of a Translation Service;

2.7.3 any aspect of the provision of the Translation Service;

2.7.4 refund payment for any Translation Service;

2.7.5 any complaint about any Translation Service.

2.8. In any dispute with a Translation Provider, you should deal only with the Translation Provider. We have neither legal obligation nor detailed information about the Translation Service’s.

2.9. We may change this agreement in any way at any time. The version applicable to your contract is the version which was Posted on Our Website at the time that the contract was made.

3. Your account and personal information

     3.1. When you visit Our Website, you accept responsibility for any action done by any person using your name, account or password. You should take all necessary steps to ensure that the password is kept confidential        and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.

     3.2. You agree that you have provided accurate, up to date, and complete information about yourself. We are not responsible for any error made as a result of such information being inaccurate.

     3.3. You agree to notify us of any changes in your information immediately it occurs. If you do not do so, we may terminate your account.

4. The buying procedure

4.1. Unless it is clear to the contrary, you may assume that every sale is made by the Translation Provider in the course of his business.

4.2. Prices listed on Our Website by Providers are inclusive of any applicable sales tax.

4.3. Translation Service’s may be offered for sale subject to any discount or promotion arranged between ChineseWisper and the Translation Provider.

4.4. Subject to discounts and promotions, Translation Service’s are offered for sale at a fixed price. GST may be due and will be either included in the price or shown separately.

4.5. Translation Service’s will be provided at the times and places specified in the website or otherwise in terms and conditions of each Translation Provider.

4.6. Once you have made an order to purchase a Translation Service through Our Website, the price cannot be increased.

4.7. Neither we nor the Translation Provider can be responsible for action by any governmental authority. We do not know and are not responsible for duties, taxes, delays or impounding of any item.

4.8. You are required to pay in the currency in which the Translation Service is listed for sale on Our Website.

4.9. Every sale will be subject to the laws applicable but there shall not be implied any right which is neither a legal right nor set down in these terms and conditions.

4.10. For security purposes (yours and ours) we will not permit more than a maximum number of transactions with you in a given period of time.

4.11. To make future use of Our Website easier and faster for you, we will retain the personal and delivery information you give to us. We will not retain information relating to your payment or credit card. This financial information never comes into our control. The information is given into a page which is in reality a page of our payment Translation Service provider. For detailed about disclosure of personal information please see our privacy notice.

5. Security of your credit card

We take care to make Our Website safe for you to use.

5.1. Card payments are not processed through pages controlled by us. We use one or more online payment Translation Service providers who will encrypt your card or bank account details in a secure environment.

6. The ChineseWisper guarantee

To give you the utmost confidence in the ChineseWisper buying experience, we offer you an after sales guarantee:

6.1. If the Translation Provider fails within a reasonable time, to supply a Translation Service for which you have paid, or supplies a Translation Service which is substantially different from what you ordered, we ourselves will refund the cost to you.

6.2. This guarantee is subject to the following conditions:

6.2.1 you must first follow the disputes procedure set out on Our Website;

6.2.2 We will make the payment to you between 30 and 60 days from the date we receive your dispute, as provided on Our Website;

6.2.3 the dispute must be completed truthfully and accurately;

6.2.4 you must provide a street address to us;

6.2.5 you must not have requested a charge back from your credit card company.

6.3. The guarantee set out in this paragraph is non contractual. We shall operate it at our sole discretion.

7. How we handle your Content

7.1. Our privacy policy is strong and precise. It complies fully with current law.

7.2. If you Post Content to any public area of Our Website it becomes available in the public domains. We have no control who sees it or what anyone does with it.

7.3. Even if access to your text is behind a user registration it remains effectively in the public domain because someone has only to register and log in, to access it. You should therefore avoid Posting unnecessary confidential information.

7.4. We need the freedom to be able to publicise our Translation Service s and your own use of them. You therefore now irrevocably grant us the right and licence to edit, copy, publish, distribute, translate and otherwise use any Content that you place on Our Website, in public domains and in any medium. You represent and warrant that you are authorised to grant all such rights.

7.5. We will use that licence only for commercial purposes of the business of Our Website and will stop using it after a commercially reasonable period of time.

7.6. You agree to waive your right to be identified as the author and your right to object to derogatory treatment of your work as provided in the Copyright Act 1994 as amended.

7.7. You now irrevocably authorise us to publish feedback, comments and ratings about your activity through Our Website, even though it may be defamatory or critical.

7.8. Posting content of any sort does not change your ownership of the copyright in it. We have no claim over it and we will not protect your rights for you.

7.9. You understand that you are personally responsible for your breach of someone else’s intellectual property rights, defamation, or any law, which may occur as a result of any Content having been Posted by you;

7.10. You accept all risk and responsibility for determining whether any Content is in the public domain and not confidential.

7.11. Please notify us of any security breach or unauthorised use of your account.

7.12. We do not solicit ideas or text for improvement of our Translation Service, but if you do send to us material of any sort, you are deemed to have granted to us a licence to use it.

8. Restrictions on what you may Post to Our Website

We invite you to Post Content to Our Website in several ways and for different purposes. We have to regulate your use of Our Website to protect our business and our staff, to protect other Users of Our Website and to comply with the law. These provisions apply to all Users of Our Website.

We do not undertake to moderate or check every item Posted, but we do protect our business vigorously. If we believe Content Posted breaches the law, we shall co-operate fully with the law enforcement authorities in whatever ways we can.

You agree that you will not use or allow anyone else to use Our Website to Post Content or undertake any activity which is or may:

8.1. be unlawful, or tend to incite another person to commit a crime;

8.2. consist in commercial audio, video or music files;

8.3. be obscene, offensive, threatening, violent, malicious or defamatory;

8.4. be sexually explicit or pornographic;

8.5. be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity, age or affiliation with any person;

8.6. use a Posting to solicit responses unconnected with the purpose of Our Website or the terms proposed by this agreement;

8.7. request or collect passwords or other personal information from another user without his permission, nor Post any unnecessary personal information about yourself;

8.8. be used to sell any goods or Translation Service’s or for any other commercial use not intended by us, for yourself or for any other person. Examples are: sending private messages with a commercial purpose, or collecting information with the intention of passing it to a third party for his commercial use;

8.9. include anything other than words (i.e. you will not include any symbols or photographs) except for a photograph of yourself in your profile in such place as we designate;

8.10. facilitate the provision of unauthorised copies of another person's copyright work;

8.11. link to any of the material specified in this paragraph;

8.12. use distribution lists that include people who have not given specific permission to be included in such distribution process;

8.13. send age-inappropriate communications or Content to anyone under the age of 18.

9. Your Posting: restricted content

In connection with the restrictions set out below, we may refuse or edit or remove a Posting which does not comply with these terms.
In addition to the restrictions set out above, a Posting must not contain:

9.1. hyperlinks, other than those specifically authorised by us.

9.2. keywords or words repeated, which are irrelevant to the Content Posted.

9.3. the name, logo or trademark of any organisation other than yours.

9.4. inaccurate, false, or misleading information.

10. Removal of offensive Content

10.1. For the avoidance of doubt, this paragraph is addressed to any person who visits Our Website for any purpose.

10.2. We are under no obligation to monitor or record the activity of any User of Our Website for any purpose, nor do we assume any responsibility to monitor or police Internet-related activities. However, we may do so without notice to you and without giving you a reason.

10.3. If you are offended by any Content, the following procedure applies:

10.4. Your claim or complaint must be submitted to us in the form available on Our Website, or contain the same information as that requested in our form. It must be sent to us by post or email.

10.4.1 we shall remove the offending Content as soon as we are reasonably able;

10.4.2 after we receive notice of a claim or complaint, we shall investigate so far as we alone decide;

10.4.3 we may re-instate the Content about which you have complained or we may not.

10.5. In respect of any complaint made by you or any person on your behalf, whether using our form of complaint or not, you now irrevocably grant to us a licence to publish the complaint and all ensuing correspondence and communication, without limit.

10.6. You now agree that if any complaint is made by you frivolously or vexatiously you will repay us the cost of our investigation including legal fees, if any.

11. Security of Our Website

If you violate Our Website we shall take legal action against you.

You now agree that you will not, and will not allow any other person to:

11.1. modify, copy, or cause damage or unintended effect to any portion of Our Website, or any software used within it.

11.2. link to our site in any way that would cause the appearance or presentation of the site to be different from what would be seen by a User who accessed the site by typing the URL into a standard browser;

11.3. download any part of Our Website, without our express written consent;

11.4. collect or use any product listings, descriptions, or prices;

11.5. collect or use any information obtained from or about Our Website or the Content except as intended by this agreement;

11.6. aggregate, copy or duplicate in any manner any of the Content or information available from Our Website, other than as permitted by this agreement or as is reasonably necessary for your use of the Translation Services;

11.7. share with a third party any login credentials to Our Website;

11.8. Despite the above terms, we now grant a licence to you to:

11.8.1 create a hyperlink to Our Website for the purpose of promoting an interest common to both of us. You can do this without specific permission. This licence is conditional upon you not portraying us or any product or Translation Service in a false, misleading, derogatory, or otherwise offensive manner. You may not use any logo or other proprietary graphic or trademark of ours as part of the link without our express written consent.

11.8.2 you may copy the text of any page for your personal use in connection with the purpose of Our Website or a Translation Service we provide.
12. Copyright and other intellectual property rights

12.1. All Content on Our Website, for example page text, graphics, logos, images, audio clips, digital downloads, data compilations, and software, is the property of either us or our affiliates or suppliers of Translation Service’s for sale. It is all protected by international copyright laws.

12.2. You may not copy, or in any way exploit any of the content, except as is expressly permitted in this agreement or with our written consent. For the sake of good-order you should note that copyright exists in compilations and graphic images, shapes and styles, as well as in raw text.

13. Interruption to the ChineseWisper Translation Service

13.1. We give no warranty that our Translation Service will be satisfactory to you.

13.2. We will do all we can to maintain access to Our Website, but it may be necessary for us to suspend all or part of our Translation Service for repairs, maintenance or other reason. We may do so without telling you first.

13.3. You acknowledge that our Translation Service may also be interrupted for reasons beyond our control.

13.4. You agree that we are not liable to you for any loss whether foreseeable or not, arising as a result of interruption to ChineseWisper Translation Service.

14. Indemnity

You agree to indemnify us against any claim or demand, including reasonable lawyers’ fees, made by any third-party due to or arising out of:

14.1. your use of the ChineseWisper Translation Service;

14.2. the breach or violation of this agreement by you;

14.3. the infringement by you of any intellectual property or other right of any person or entity;

14.4. your failure to comply with any law;

14.5. a contractual claim arising from your use of Our Website and purchase of Translation Service.

15. Our disclaimers

15.1. Our Website contains links to other Internet websites. We have neither power nor control over any such website. You acknowledge and agree that we shall not be liable in any way for the Content of any such linked website, nor for any loss or damage arising from your use of any such website.

15.2. We are not liable in any circumstances for special, indirect, consequential damages or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of Our Website.

15.3. The ChineseWisper Website and ChineseWisper Translation Service’s are provided “as is”. We make no representation or warranty of any kind, express or implied, including, without limitation, any warranty that either of them will be:

15.3.1 of satisfactory quality;

15.3.2 fit for a particular purpose;

15.3.3 available or accessible, without interruption, or without error.

16. Disclaimers about the Translation Service

16.1. All of the Content on Our Website relating to any Translation Service has been provided by a Provider. We do not accept responsibility for the accuracy of any claim or advertisement.

16.2. We make no representation, warranty or other provision with regard to the Translation Service’s and you acknowledge that you do not rely on any made by us, but solely on your contract with a Provider.

16.3. So far as concerns Translation Service s you purchase through Our Website, we are not liable for:

16.3.1 any Translation Service complying with the requirement of any law or being available;

16.3.2 the Provider performing his contract;

16.4. We give no warranty, representation or undertaking whatever as to the continuing business of a Provider or that any Translation Service offered for sale by a Provider will be useful or suitable for you;

16.5. You now expressly release us from any and all claims and liability known and unknown, arising in any way from a dispute between you and a Provider.

17. Miscellaneous matters

17.1. If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.

17.2. For the purposes of the Privacy Act 1993 as amended you consent to the processing of your personal data (in manual, electronic or any other form) relevant to this agreement, by us and/or any agent or third party nominated by us and bound by a duty of confidentiality. Processing includes but is not limited to obtaining, recording, using and holding data and includes the transfer of data to any country in any part of the World.

17.3. If you are in breach of any term of this agreement, we may:

17.3.1 publish all text and Content relating to the claimed breach, including your name and email address and all correspondence between us and our respective advisers; and you now irrevocably give your consent to such publication.

17.3.2 terminate your account and refuse access to Our Website;

17.3.3 remove or edit Content, or cancel any order at our discretion;

17.3.4 issue a claim in any court.

17.4. Any obligation in this agreement intended to continue to have effect after termination or completion shall so continue.

17.5. No failure or delay by us to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.

17.6. When you visit Our Website or send messages to us by email, you are communicating with us electronically. We communicate with you by e-mail or by posting notices on Our Website. You agree that all our electronic communications satisfy any legal requirement that such communications be in writing.

17.7. Any communication to be served on either of the Parties by the other shall be delivered by hand or sent by first class post or recorded delivery or by e-mail.

It shall be deemed to have been delivered:

if delivered by hand: on the day of delivery;

if sent by post to the correct address: within 72 hours of posting;

If sent by e-mail to the address from which the receiving party has last sent e-mail: within 24 hours if no notice of non-receipt has been received by the sender.

17.8. In the event of a dispute between the parties to this agreement, then they undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation.

17.9. This agreement does not give any right to any third party.

17.10. We shall not be liable for any failure or delay in our performance of this agreement which is caused by circumstances beyond our reasonable control, including any labour dispute.

 

Website terms and conditions : Seller's

 

These terms and conditions are the contract between you and ChineseWisper ("us", "we", etc). By visiting or using Our Website, you agree to be bound by them.

ChineseWisper is a trade name of Chinese Wisper Ltd, 6253997 incorporated in New Zealand, whose registered address is at 2/75 Bassett Road, Remuera, Auckland.

1. Definitions

"Content" means the textual, visual or aural content that is encountered as part of your experience on Our Website. It may include, among other things: text, images, sounds, videos and animations. It includes content such as advertising material, and all other product or service related material Posted by you.

"Post" means place on or into Our Website any Content or material of any sort by any means.

"Translation Provider " means you, a person or organisation who has placed details on Our Website of a Translation Provider Service offered for sale or free of charge, through Our Website.

"Translation Provider Service" and "Your Service"  mean the service you offer for sale through Our Website.

"Our Service" means the service we provide to enable you to sell Translation Provider Services here.

"Our Website" means any website of ours, and includes all web pages controlled by us.

2. Our contract

2.1 The relationship between us is solely that:

2.1.1 in consideration of a fee charged by us, we provide for you an Internet market place as an arm’s length contractor;

2.1.2 we act as your agent solely in the collection of money paid by your customer;

2.1.3 we are not your partners or joint venturers.

2.2 If you place a Translation Provider Service for sale on Our Website, you do so subject to these terms.

2.3 We may change this agreement in any way at any time. The version applicable to your contract is the version which was Posted on Our Website at the time that the contract was made.

2.4 Although we are not a party to your contract with a buyer introduced to you via Our Website, we shall remove Your Services from offer if a customer or site visitor has a valid complaint against you.

2.5 Subject to this agreement and to the procedures set out in Our Website, you may enter a Translation Provider Service for sale through Our Website.

3. Your Translation Provider Service placement

You agree:

4.1 not knowingly to place any Translation Provider Service for sale which is not of merchantable quality or which requires for its setup or use a level of technical expertise which is not fully explained to a customer before purchase.

4.2 immediately to remove from sale on Our Website any Translation Provider Service which for any reason, you are unable to supply.

4.3 not to re-place any Translation Provider Service we remove from offer for sale.

4. Complaints about Translation Provider Services

You agree that you will at all times:

5.1 reply promptly and in any event within 24 hours to any customer message or other correspondence;

5.2 comply with the law relating to all aspects of the contract between you and your customer, relating in particular to your obligations to provide full information and accept cancellation and returns. However, you may also offer more favourable terms to your customers as per your own returns and refunds policy set out on your website or otherwise in your terms and conditions;

5.3 when you have an obligation to return money to a customer for any reason, you will do so immediately in line with the cancellation and refunds policy set out on Our Website;

5.4 comply with the ChineseWisper procedures relating to satisfaction of an order, as set out on Our Website from time to time;

5.5 Please provide information to us in respect of any claim for non-supply and any dispute as to payment, so as to enable us to identify the possibility of fraud.

5. The selling procedure

6.1 ChineseWisper is not responsible for the fulfilment of your contract to sell a Translation Provider Service.

6.2 You agree that a service contract offered by you is a firm and binding contract as soon as your customer's payment has been accepted by our payment service Translation Provider.

6.3 Translation Provider Services may be offered for sale subject to any discount or promotion arranged between ChineseWisper and you.

6.4 Subject to discounts and promotions, Translation Provider Services are offered for sale at a fixed price. GST may be due and will be either included in the price or shown separately. If not shown, it will not be charged.

6.5 Translation Provider Services will be offered for sale and sales made, subject to the terms and conditions applicable to buyers. You accept and endorse these terms and agree to comply in all respects with the corresponding obligations of a Translation Provider. You may view the buyer's conditions on Our Website at any time.

6. Goods and services tax

7.1 Fees and commissions specified in Our Website are exclusive of GST.

7.2 If you are located in New Zealand, we will show the Translator amount due for our Translation services in addition to the amount of commission due to us.

7.3 ChineseWisper has the right to demand additional information about your business so far as it may affect your GST registration, at any time, from you or from a governmental authority.

7. Our commission and payment to you

8.1 We sell Your Service at the price you place on it, subject to these terms and the requirements we set out on Our Website from time to time.

8.2 Our fees and commissions are payable on demand. You irrevocably authorise us to deduct them from sums paid to us by your buyer.

8.3 Our Website selling system is an automated system which can be followed by you through a "control panel".

8.4 The commission proportion of each transaction retained by us is as set out elsewhere on Our Website.

8.5 Where our commission is based on a percentage of the sale price, you may not artificially inflate the delivery charge and reduce the price of the Translation Provider Service in order to reduce our commission. If we believe that you do so, we may immediately cease to deal with you.

8.6 We will pay you within 15 days of confirmed funds withdrawal request.

8.7 If you have a bank account located in New Zealand, we will transfer money via the internet, in full.

8.8 If you do not have an account in New Zealand, we will transfer money in any sum at your request and at your cost. We will pay for the transfer if the sum due is over the limit specified from time to time on Our Website.

8.9 We will send you an invoice for our charges.

8.10 If we do or could earn interest on any cash balance in our control for the period between payment by a customer and our accounting to you, we are free to keep that interest and have no obligation to account for it to you.

8.11 If an action by a buyer results in a charge back to our account, you agree that we may deduct the sum charged back together with any fee paid to our service Translation Provider and bank, from any sum due to you, at or after that time.

8.12 If you or we accept any cancellation and consequently refund money to a customer, we are not obliged to repay commission to you.

8.13 If in our discretion we believe that your performance as a Translation Provider results in a significant number of charges back and / or buyer disputes or if we believe you are in breach of this agreement, we are free to hold back payments to you until we are satisfied that disputes have been settled and / or breach rectified.

8. Advertising your Translation Provider Service

If you accept our offer to advertise market or promote your service, the following conditions apply.

9.1 We may use the services of a specialist internet marketing business associated with ChineseWisper.

9.2  Without prior consent of the other; neither we nor you will contract with any other person or company for specialist services. Here your obligation is limited to the extent of the price charged and due to us.

9.3 The price charged to you will include all payments we make to others.

9.4 The cost of work ordered by you is payable in full, in advance. If you so request us, by indication on Our Website, we will deduct the cost from your account.

9.5 We give no guarantee as to the success of any advertising placed.

9.6 We shall receive no secret commission on advertising services. But note that the service supplier is associated with us.

9. Your Translation Provider Service warranties

10.1 You warrant that any Translation Provider Service you place on Our Website for sale:

10.1.1 is not: illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to any third party;

10.1.2 does not offend against the law of any country whose citizens might purchase it;

10.1.3 is not intended primarily to advertise any business, except your business, so far only as it is carried on through ChineseWisper.

10.2 You warrant that you own the copyright of any Translation Provider Service you place on Our Website for sale, or that you have the permission of the copyright owner:

10.2.1 to place the Translation Provider Service on Our Website for sale;

10.2.2 to receive the net proceeds of such sales as arise;

10.2.3 to defend the copyright in the Translation Provider Service.

10. Confidentiality of Customer Information

Before entering into a contract with your customer, or at any point after having entered into a contract with your customer, you may be provided with access to confidential information about the customer or to intellectual property belonging to the customer (“Customer Information”). Customer Information may be in any medium, of any description, whether recorded or unrecorded, and protected or not protected by law.

10.3 You now undertake that you will:

10.3.1 except as provided in this agreement, not divulge to any person whatever, any Customer Information.

10.3.2 not use Customer Information in any way for itself or any other person, except in a way that is authorised by this agreement or by the proper authority of the customer.

10.3.3 obtain the consent of the customer before disclosing any Customer Information to any person.

10.3.4 disclose Customer Information only to people to whom disclosure is essential and at all times take steps to ensure compliance by its employees, agents and sub-contractors with these provisions and will make them aware of the liability if any disclosure should be made by them.

10.3.5 accept responsibility for the acts and omissions of all others to whom you disclosure Customer Information in the future, whether with consent of the customer or otherwise.

10.4 Except if otherwise agreed in a separate written contract with the customer, you agree that all work performed for your customer remains the sole property of your customer and that no licence or other right is granted or implied by carrying out the work.

10.5 If you or a related person is required by any applicable law, court or authority to disclose any information about your customer or the service provided to any customer to any person, you will:

10.5.1 give your customer prompt written notice of the disclosure, where practicable before it occurs, so that the customer has sufficient opportunity to prevent the disclosure through appropriate legal means;

10.5.2 disclose only that part of the information which your legal advisers consider is legally required to be disclosed; and

10.5.3 use all reasonable endeavours to obtain an assurance that the information disclosed will be treated confidentially.

11. How we handle your Content

11.1 If you Post Content to any public area of Our Website it becomes available in the public domain. We have no control who sees it or what anyone does with it.

11.2 You now irrevocably authorise us to publish feedback, comments and ratings about Your Services and activity through Our Website, even though it may be defamatory or critical.

11.3 We will use that licence only for commercial purposes of the business of Our Website and will stop using it after a commercially reasonable period of time.

11.4 Posting Content of any sort does not change your ownership of the copyright in it. We have no claim over it and we will not protect your rights for you.

11.5 You understand that you are personally responsible for your breach of someone else's intellectual property rights, defamation, or any law, which may occur as a result of any Content having been Posted by you.

11.6 You accept all risk and responsibility for determining whether any Content is in the public domain and not confidential.

11.7 Please notify us of any security breach or unauthorised use of your account.

12. Restrictions on what you may Post to Our Website

We invite you to Post Content to Our Website for marketing your services and services and in other ways. We have to regulate your use of Our Website to protect our business and our staff, to protect other users of Our Website and to comply with the law.

We do not undertake to moderate or check any item Posted.

You agree that you will not use or allow anyone else to use Our Website to Post Content or undertake any activity which is or may:

12.1 be unlawful, or tend to incite another person to commit a crime;

12.2 be obscene, offensive, threatening, violent, malicious or defamatory;

12.3 be sexually explicit or pornographic;

12.4 be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity, age or affiliation with any person;

12.5 use a Posting to solicit responses unconnected with the purpose of Our Website or the terms proposed by this agreement.

13. Your Posting: restricted Content

In connection with the restrictions set out below, we may refuse or edit or remove a Posting which does not comply with these terms.

In addition to the restrictions set out above, a Posting must not contain:

13.1 hyperlinks, other than those specifically authorised by us;

13.2 keywords or words repeated, which are irrelevant to the Content Posted.

13.3 the name, logo or trademark of any organisation other than yours.

13.4 inaccurate, false, or misleading information;

13.5 material or links to material that exploits people in a sexual, violent or other manner, or solicits personal information from anyone under 18 years old.

14. Security of Our Website

If you violate Our Website we shall take legal action against you.

You now agree that you will not, and will not allow any other person to:

14.1 modify, copy, or cause damage or unintended effect to any portion of Our Website, or any software used within it.

14.2 link to our site in any way that would cause the appearance or presentation of the site to be different from what would be seen by a user who accessed the site by typing the URL into a standard browser;

14.3 download any part of Our Website, without our express written consent;

14.4 collect or use any service listings, descriptions, or prices;

14.5 collect or use any information obtained from or about Our Website or the Content except as intended by this agreement;

14.6 aggregate, copy or duplicate in any manner any of the Content or information available from Our Website, other than as permitted by this agreement or as is reasonably necessary for your use of Our Services;

14.7 share with a third party any login credentials to Our Website.

15. Copyright and other intellectual property rights

15.1 All Content on Our Website, for example page text, graphics, logos, images, audio clips, digital downloads, data compilations, and software, is the property of either us or our affiliates or suppliers of services for sale. It is all protected by international copyright laws.

15.2 You may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part, except as is expressly permitted in this agreement or with our written consent.

15.3 For the sake of good order you should note that copyright exists in compilations and graphic images, shapes and styles, as well as in raw text.

16. Interruption to Our Service

16.1 We give no warranty that Our Service will be satisfactory to you.

16.2 We will do all we can to maintain access to Our Website, but it may be necessary for us to suspend all or part of Our Service for repairs, maintenance or other good reasons. We may do so without telling you first.

16.3 You acknowledge that Our Service may also be interrupted for reasons beyond our control.

16.4 You agree that we are not liable to you for any loss whether foreseeable or not, arising as a result of interruption to Our Service.

17. Our disclaimers

17.1 We are not responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss whatever.

17.2 Our Website contains links to other Internet websites. We have neither power nor control over any such website. You acknowledge and agree that we shall not be liable in any way for the content of any such linked website, nor for any loss or damage arising from your use of any such website.

17.3 We are not liable in any circumstances for damages resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of Our Website.

17.4 ChineseWisper website and ChineseWisper services are provided "as is". As to Our Website and Our Services, we make no representation or warranty of any kind, express or implied, including, without limitations, warranties:

17.4.1 as to fitness of Our Website and Our Service for a particular purpose;

17.4.2 as to availability and accessibility, without interruption, or without error;

17.4.3 any obligation, liability, or remedy in tort whether or not arising from our negligence.

17.5 You now expressly release us from any and all claims and liability known and unknown, arising in any way from a dispute between you and a buyer.
18. Your indemnity to us

You agree to indemnify us against all loss and expense, including legal fees and management time related in any way to:

18.1 a claim by any person in respect of any Translation Provider Service;

18.2 protecting the reputation of our business by our making a payment to a customer of yours in circumstances where you have failed to make that repayment or otherwise comply with your contract with that customer.

18.3 any cost to us arising from a decision by us to comply as your agent, with any obligation of yours, whether or not we have your permission, arising out of any regulation or law, including:

18.3.1 the deletion or amendment of any text or other content you have placed on Our Website;

18.3.2 any payment we make on an ex gratia basis, arising from a contract between you and a customer;

18.4 legal or other fees we incur in defending a claim or the imposition of a fine or penalty;

18.5 our management time in dealing with any failure or alleged failure by you to comply with any relevant regulation or law.

19. Miscellaneous matters

19.1 You undertake to provide us your current land address, e-mail address, telephone and fax numbers as often as they are changed together with all information that we may require enabling us to fulfil our obligations under this contract.

19.2 So far as any time, date or period is mentioned in this agreement, time shall be of the essence.

19.3 If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.

19.4 For the purposes of the Privacy Act 1993 as amended you agree to the processing of your personal data (in manual, electronic or any other form) relevant to this agreement, by us. Processing includes but is not limited to obtaining, recording, using and holding data and includes the transfer of data to any country in any part of the World.

19.5 If you are in breach of any term of this agreement, we may:

19.5.1 publish all text and Content relating to the claimed breach, including your name and email address and all correspondence between us and our respective advisers; and you now irrevocably give your consent to such publication.

19.5.2 terminate your account and refuse access to Our Website;

19.5.3 remove or edit Content, or cancel any order at our discretion;

19.5.4 issue a claim in any court.

19.6 Any obligation in this agreement intended to continue to have effect after termination or completion shall so continue.

19.7 No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.

19.8 When you visit Our Website, or send messages to us by email, you are communicating with us electronically. We communicate with you by e-mail or by posting notices on Our Website. You agree that all our electronic communications satisfy any legal requirement that such communications be in writing.

19.9 Any communication to be served on either of us by the other shall be delivered by hand or sent by first class post or recorded delivery or by e-mail.

It shall be deemed to have been delivered:

if delivered by hand: on the day of delivery;

if sent by post to the correct address: within 72 hours of posting;

If sent by e-mail to the address from which the receiving party has last sent e-mail: within 24 hours if no notice of non-receipt has been received by the sender.

19.10 In the event of a dispute between us, then, if we so ask, you undertake to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.

19.11 This agreement does not give any right to any third party.

19.12 We shall not be liable for any failure or delay in our performance of this agreement which is caused by circumstances beyond our reasonable control, including any labour dispute.

19.13 In the event of any conflict between any term of this agreement and the provisions of the constitution of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail.

19.14 This agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.

19.15 The validity, construction and performance of this agreement shall be governed by the laws of New Zealand.
 

Privacy Policy and Notice


This is the privacy notice of www.chinesewisper.com. In this document, “we”, “our”, or “us” refer to ChineseWisper.

We are company number 6253997 registered in New Zealand.

Our registered office is at 2/75 Bassett Road, Remuera, Auckland.

This is a notice to inform you of our policy about all information that we record about you. It covers both information that could identify you and information that could not.

We are extremely concerned to protect your privacy and confidentiality. We understand that all users of our web site are quite rightly concerned to know that their data will not be used for any purpose unintended by them, and will not accidentally fall into the hands of a third party. Our policy is both specific and strict. It complies with New Zealand law and with the laws of all jurisdictions of which we are aware. If you think our policy falls short of your expectations or that we are failing to abide by our policy, do please tell us.

We regret that if there are one or more points below with which you are not happy, your only recourse is to leave our web site immediately.

Except as set out below, we do not share, or sell, or disclose to a third party, any personally identifiable information collected at this site.

Here is a list of the information we collect from you, either through our web site or because you give it to us in some other way, and why it is necessary to collect it:

1. Business and personal information

This includes basic identification and contact information, such as your name and contact details and also includes all information given to us in the course of your business and ours, such as information you give us in your capacity as our client. We undertake to preserve the confidentiality of the information and of the terms of our relationship. It is not used for any other purpose. We expect you to reciprocate this policy.

This information is used:

1.1. to provide you with the services which you request;

1.2. for verifying your identity for security purposes;

1.3. for marketing our services and products;

1.4. information which does not identify any individual may be used in a general way by us or third parties, to provide class information, for example relating to demographics or usage of a particular page or service.

We keep information, which forms part of our business record for a minimum of seven years. That is because we may need it in some way to support a claim or defence in court. That is also the period within which our tax collecting authorities may demand to know it.

2. Market place information

When we obtain information from you specifically to enable you to buy a service offered on our web site by some other person, we assume that in giving us your information, you are also giving us permission to pass it to the relevant person.

3. Your domain name and e-mail address

This information is recognised by our servers and the pages that you visit are recorded. We shall not under any circumstances, divulge your e-mail address to any person who is not an employee or contractor of ours and who does not need to know, either generally or specifically. This information is used:

3.1. to correspond with you or deal with you as you expect;

3.2. in a collective way not referable to any particular individual, for the purpose of quality control and improvement of our site;

3.3. to send you news about the services to which you have signed up;

3.4. to tell you about other of our services or services of sister web sites.

4. Information you post on our website

Information you send to us by posting to a forum or blog or in your advertisement, is stored on our servers. We do not specifically use that information except to allow it to be read, but you will see in our terms and conditions that we reserve a right to use it in any way we decide.

5. Website usage information

We may use software embedded in our website (such as JavaScript) to collect information about pages you view and how you have reached them, what you do when you visit a page, the length of time you remain on the page, and how we perform in providing content to you. We do not presently associate such information with an identifiable person.

6. Financial information relating to your credit cards

This information is never taken by us either through our website or otherwise. At the point of payment, you are transferred to a secure page on the website of Stripe or some other reputable payment service provider. That page may be dressed in our “livery”, but it is not controlled by us. Our staff and contractors never have access to it.

7. Note on padlock symbols and other trust marks

Many companies offer certification and an icon or other small graphic to prove to site visitors that the site is safe. Some certify to a high level of safety. Others are more concerned to take our money than to provide a useful service. We do not handle information about your credit card so do not subscribe to any such service.

8. Credit reference

To assist in combating fraud, we share information with credit reference agencies, so far as it relates to clients or customers who instruct their credit card issuer to cancel payment to us without having first provided an acceptable reason to us and given us the opportunity to refund their money.

9. Third party advertising

Third parties may advertise on our web site. In doing so, those parties, their agents or other companies working for them may use technology that automatically collects your IP address when they send an advertisement that appears on our site to your browser. They may also use other technology such as cookies or JavaScript to personalise the content of, and to measure the performance of their adverts. We do not have control over these technologies or the data that these parties obtain. Accordingly, this privacy notice does not cover the information practices of these third parties.

10. Third party content

Our web site is a publishing medium in that anyone may register and then publish information about himself or some other person. We do not moderate or control what is posted. If you complain about any of the content on our web site, we shall investigate your complaint. If we feel, it may be justified, we shall remove it while we investigate. Free speech is a fundamental right, so we have to make a judgment as to whose right will be obstructed: yours, or that of the person who posted the content which offends you. If we think, your complaint is vexatious or without any basis, we shall not correspond with you about it.

11. Information we obtain from third parties

Although we do not disclose your personal information to any third party (except as set out in this notice), we do receive data which is indirectly made up from your personal information, from software services such as Google Analytics and others. No such information is identifiable to you.

12. Content you provide to us with a view to be used by third party

If you provide information to us with a view to it being read, copied, downloaded, or used by other people, we accept no responsibility for what that third party may do with it. It is up to you to satisfy yourself about the privacy level of every person who might see your information. If it is available to all the World, neither we nor you have no control whatever as to how it is used.

13. Cookies

Cookies are small text files that are placed on your computer's hard drive through your web browser when you visit any web site. They are widely used to make web sites work, or work more efficiently, as well as to provide information to the owners of the site.

Like all other users of cookies, we may request the return of information from your computer when your browser requests a web page from our server. Cookies enable our web server to identify you to us, and to track your actions and the pages you visit while you use our website. The cookies we use may last for a single visit to our site (they are deleted from your computer when you close your browser), or may remain on your computer until you delete them or until a defined period of time has passed.

Although your browser software enables you to disable cookies, we recommend that you allow the use of cookies in order to take advantage of the features of our website that rely on their use. If you prevent their use, you will not be able to use all the functionality of our website. Here are the ways we use cookies:

13.1. to record whether you have accepted the use of cookies on our web site. This is solely to comply with the law. If you have chosen not to accept cookies, we will not use cookies for your visit, but unfortunately, our site will not work well for you.

13.2. to allow essential parts of our web site to operate for you.

13.3. to operate our content management system.

13.4. to operate the online notification form - the form that you use to contact us for any reason. This cookie is set on your arrival at our web site and deleted when you close your browser.

13.5. to enhance security on our contact form. It is set for use only through the contact form. This cookie is deleted when you close your browser.

13.6. to collect information about how visitor’s use our site. We use the information to improve your experience of our site and enable us to increase sales. This cookie collects information in an anonymous form, including the number of visitors to the site, where visitors have come to the site from, and the pages they visited.

13.7. to record that a user has viewed a webcast. It collects information in an anonymous form. This cookie expires when you close your browser.

13.8. to record your activity during a webcast. An example is as to whether you have asked a question or provided an opinion by ticking a box. This information is retained so that we can serve your information to you when you return to the site. This cookie will record an anonymous ID for each user, but it will not use the information for any other purpose. This cookie will last for 3 months, when it will be deleted automatically.

13.9. to store your personal information so that you do not have to provide it afresh when you visit the site next time. This cookie will last for 90 days.

13.10. to enable you to watch videos we have placed on YouTube. YouTube will not store personally identifiable cookie information when you use YouTube’s privacy-enhanced mode.

14. Calling our help line

When you call our help line, we collect Calling Line Identification (CLI) information. We use this information to help improve the efficiency and effectiveness of our help line.

15. Sending a message to our support system

When you send a message, we collect the data you have given to us in that message in order to obtain confirmation that you are entitled to receive the information and to provide to you the information you need. We record your request and our reply in order to increase the efficiency of our business / organisation. We do not keep any personally identifiable information associated with your message, such as your name or email address.

16. Complaining

When we receive a complaint, we record all the information you have given to us. We use that information to resolve your complaint. If your complaint reasonably requires us to contact some other person, we may decide to give to that other person some of the information contained in your complaint. We do this as infrequently as possible, but it is a matter for our sole discretion as to whether we do give information, and if we do, what that information is.

We may also compile statistics showing information obtained from this source to assess the level of service we provide, but not in a way that could identify you or any other person.

17. Job application and employment

If you send us information in connection with a job application, we may keep it for up to three years in case we decide to contact you at a later date.

If we employ you, we collect information about you and your work from time to time throughout the period of your employment. This information will be used only for purposes directly relevant to your employment. After your employment has ended, we will keep your file for seven years before destroying or deleting it.

18. Marketing information

With your permission we pass your email address and name to selected associates whom we consider may provide services or products you would find useful. You may opt out of this service at any time by instructing us using the website Contact Us form to advise.

19. Re-marketing

We may use re-marketing from time to time. This involves Google or some other supplier placing a tag or marker on your website in order to be able to serve to you an advert for our products / services when you visit some other website.

20. Affiliate information

This is information given to us by you in your capacity as an affiliate of us or a customer or client of ours. Such information is retained for business use only. We undertake to preserve the confidentiality of the information and of the terms of our relationship. It is not used for any other purpose. We expect any affiliate to agree to reciprocate this policy. As an exception to this, we have the right to disclose your first name and URL of your affiliate connection to other affiliates and to any other person or organisation, on and off site. The reason is solely to enable us to mention winners and others whose performance as an affiliate is in some way outstanding.

21. Use of site by children

We do not market to children, nor do we sell products or services for purchase by children. We do sell products and services for end use by children, but for purchase by adults. If you are under 18, you may use our site only with consent from a parent or guardian.

22. Disclosure to Government and their agencies

We are subject to the law like everyone else. We may be required to give information to legal authorities if they so request or if they have the proper authorisation such as a search warrant or court order.

23. Compliance with the law

This confidentiality policy has been compiled so as to comply with the law of every jurisdiction in which we aim to do business. If you think it fails to satisfy the law of your country, we should like to hear from you, but ultimately it is your choice as to whether you wish to use our website.

24. Review or update personally identifiable information

At any time you may review or update the personally identifiable information that we hold about you, by contacting us at the address below. To better safeguard your information, we will also take reasonable steps to verify your identity before granting access or making corrections to your information.

25. Removal of your information

If you wish us to remove personally identifiable information from our web site, you may contact us using the contact us form on the Website. To better safeguard your information, we will also take reasonable steps to verify your identity before granting access or making corrections to your information.

26. Data may be “processed” outside New Zealand

Our web sites are hosted in the United States of America. We also use outsourced services in countries outside New Zealand from time to time in other aspects of our business. Accordingly data obtained within the New Zealand may be “processed” outside New Zealand and data obtained in any other country may be processed within or outside that country.

If you have any question regarding the privacy policy, please contact us through the contact page.