Terms and Conditions
1. tradonline is a Website service created in order to mediate between freelance translators ("Service Providers") and translation buyers ("Service Buyers") through the Internet. If you wish to be registered, engage in transactions with other Members and use the Services, available at the Website, read the following conditions and confirm your consent.
2. This is a legal Agreement ("Agreement") between you and tradonline (the "Owner"), which will apply to you in respect of any and all Services offered by or acquired (the "Services") from the tradonline Website (the "Website"). This Agreement sets forth the Terms and Conditions governing the access and use of our Website.
3. This Agreement may be changed at any time by the Owner. It is the sole responsibility of the User to check, from time to time, the current version of the Agreement. The User waives any claim regarding this issue.
4. Use of this Website and its Services signifies the acceptance of the following Terms and Conditions. If you do not agree with these Terms and Conditions, please do not provide tradonline with any information and do not use tradonline Services or this Website. Your continued use of tradonline Services or this Website in light of changes to this statement or to the relevant principles will signify your acceptance of the changes.
5. When you register on the Website you are asked to provide personal information such as your name, your e-mail, languages you know, and general information you wish to disclose about yourself.
6. Upon successful registration, you become a Member of the Website (a "Member"), and for as long as you remain a Member, you agree to comply with the applicable Terms and Conditions of this Agreement (the "Terms"). In case you only visit the Website and you do not register as a Member (a "User") you are still obliged to some of the conditions and Terms of this Agreement. Website Members can be Service Buyers, Service Providers or both at the same time.
7. The Owner and you may terminate this Agreement at any time, for any reason whatsoever, effective upon sending written notice to the other party by electronic message (i.e. e-mail). The corresponding decision by the Owner takes effect at the moment of sending such a notice to the electronic address, provided by you during registration, or to any other email address, provided by you to tradonline. If you send a notice of termination, the corresponding decision by the Owner takes effect within several days. Your Membership shall concurrently terminate, without an obligation to make a payment, rebate or refund on the part of the Owner. The Owner does however reserve the right to suspend or terminate your Membership at any time, without notice, if you breach this Agreement or any other Terms and Conditions posted on the Website from time to time.
8. The Owner assumes no responsibility whatsoever for your use of the Website and/or Services.
9. You will not hold the Owner responsible for the Services provided by the Service Providers, including translation provided by the Service Providers. You acknowledge that tradonline is not a traditional translation service. The Owner is not involved in the actual transaction between Service Buyers and Service Providers. The Owner has no control over and does not guarantee the accuracy, quality, safety or legality of the translations provided by the Service Providers, the truth or accuracy of Service Providers' language skills, the ability of Service Providers to translate accurately, or that a buyer or seller will actually complete a transaction.
10. You acknowledge and agree that the Owner is not liable for any loss or damage which may be incurred by you as a result of the Services, or as a result of any reliance placed by you on the accuracy or completeness of the translations provided you by the Service Providers.
Use of the Services is strictly prohibited to minors or any person under the legal age in his or her country and prohibited to any person under the age of 18. If you misrepresent your age, your registration as a Member will be cancelled. By using the Website, you confirm and guarantee that you meet age restrictions requirements.
We are very delighted that you have shown interest in our company. Data protection is of a particularly high priority for the management of tradonline. The use of the Internet pages of tradonline is possible without any indication of personal data; however, if a data subject wants to use special enterprise services via our website, processing of personal data could become necessary. If the processing of personal data is necessary and there is no statutory basis for such processing, we generally obtain consent from the data subject.
The processing of personal data, such as the name, address, e-mail address, or telephone number of a data subject shall always be in line with the General Data Protection Regulation (GDPR), and in accordance with the country-specific data protection regulations applicable to tradonline. By means of this data protection declaration, our enterprise would like to inform the general public of the nature, scope, and purpose of the personal data we collect, use and process. Furthermore, data subjects are informed, by means of this data protection declaration, of the rights to which they are entitled.
As the controller, tradonline has implemented numerous technical and organizational measures to ensure the most complete protection of personal data processed through this website. However, Internet-based data transmissions may in principle have security gaps, so absolute protection may not be guaranteed. For this reason, every data subject is free to transfer personal data to us via alternative means, e.g. by telephone.
The data protection declaration of tradonline is based on the terms used by the European legislator for the adoption of the General Data Protection Regulation (GDPR). Our data protection declaration should be legible and understandable for the general public, as well as our customers and business partners. To ensure this, we would like to first explain the terminology used.
In this data protection declaration, we use, inter alia, the following terms:
a) Personal data
Personal data means any information relating to an identified or identifiable natural person (“data subject”). An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
b) Data subject
Data subject is any identified or identifiable natural person, whose personal data is processed by the controller responsible for the processing.
Processing is any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
d) Restriction of processing
Restriction of processing is the marking of stored personal data with the aim of limiting their processing in the future.
Profiling means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that natural person's performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements.
Pseudonymisation is the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures to ensure that the personal data are not attributed to an identified or identifiable natural person.
g) Controller or controller responsible for the processing
Controller or controller responsible for the processing is the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law.
Processor is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
Recipient is a natural or legal person, public authority, agency or another body, to which the personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients; the processing of those data by those public authorities shall be in compliance with the applicable data protection rules according to the purposes of the processing.
j) Third party
Third party is a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorised to process personal data.
Consent of the data subject is any freely given, specific, informed and unambiguous indication of the data subject's wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.
2. Name and Address of the controller
Controller for the purposes of the General Data Protection Regulation (GDPR), other data protection laws applicable in Member states of the European Union and other provisions related to data protection is:
3. Collection of general data and information
The website of tradonline collects a series of general data and information when a data subject or automated system calls up the website. This general data and information are stored in the server log files. Collected may be (1) the browser types and versions used, (2) the operating system used by the accessing system, (3) the website from which an accessing system reaches our website (so-called referrers), (4) the sub-websites, (5) the date and time of access to the Internet site, (6) an Internet protocol address (IP address), (7) the Internet service provider of the accessing system, and (8) any other similar data and information that may be used in the event of attacks on our information technology systems.
When using these general data and information, tradonline does not draw any conclusions about the data subject. Rather, this information is needed to (1) deliver the content of our website correctly, (2) optimize the content of our website as well as its advertisement, (3) ensure the long-term viability of our information technology systems and website technology, and (4) provide law enforcement authorities with the information necessary for criminal prosecution in case of a cyber-attack. Therefore, tradonline analyzes anonymously collected data and information statistically, with the aim of increasing the data protection and data security of our enterprise, and to ensure an optimal level of protection for the personal data we process. The anonymous data of the server log files are stored separately from all personal data provided by a data subject.
4. Contact possibility via the website
The website of tradonline contains information that enables a quick electronic contact to our enterprise, as well as direct communication with us, which also includes a general address of the so-called electronic mail (e-mail address). If a data subject contacts the controller by e-mail or via a contact form, the personal data transmitted by the data subject are automatically stored. Such personal data transmitted on a voluntary basis by a data subject to the data controller are stored for the purpose of processing or contacting the data subject. There is no transfer of this personal data to third parties.
5. Routine erasure and blocking of personal data
The data controller shall process and store the personal data of the data subject only for the period necessary to achieve the purpose of storage, or as far as this is granted by the European legislator or other legislators in laws or regulations to which the controller is subject to.
If the storage purpose is not applicable, or if a storage period prescribed by the European legislator or another competent legislator expires, the personal data are routinely blocked or erased in accordance with legal requirements.
6. Rights of the data subject
a) Right of confirmation
Each data subject shall have the right granted by the European legislator to obtain from the controller the confirmation as to whether or not personal data concerning him or her are being processed. If a data subject wishes to avail himself of this right of confirmation, he or she may, at any time, contact any employee of the controller.
b) Right of access
Each data subject shall have the right granted by the European legislator to obtain from the controller free information about his or her personal data stored at any time and a copy of this information. Furthermore, the European directives and regulations grant the data subject access to the following information:
the purposes of the processing;
the categories of personal data concerned;
the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organisations;
where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period;
the existence of the right to request from the controller rectification or erasure of personal data, or restriction of processing of personal data concerning the data subject, or to object to such processing;
the existence of the right to lodge a complaint with a supervisory authority;
where the personal data are not collected from the data subject, any available information as to their source;
the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) of the GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and envisaged consequences of such processing for the data subject.
Furthermore, the data subject shall have a right to obtain information as to whether personal data are transferred to a third country or to an international organisation. Where this is the case, the data subject shall have the right to be informed of the appropriate safeguards relating to the transfer.
If a data subject wishes to avail himself of this right of access, he or she may, at any time, contact any employee of the controller.
c) Right to rectification
Each data subject shall have the right granted by the European legislator to obtain from the controller without undue delay the rectification of inaccurate personal data concerning him or her. Taking into account the purposes of the processing, the data subject shall have the right to have incomplete personal data completed, including by means of providing a supplementary statement.
If a data subject wishes to exercise this right to rectification, he or she may, at any time, contact any employee of the controller.
d) Right to erasure (Right to be forgotten)
Each data subject shall have the right granted by the European legislator to obtain from the controller the erasure of personal data concerning him or her without undue delay, and the controller shall have the obligation to erase personal data without undue delay where one of the following grounds applies, as long as the processing is not necessary:
The personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed.
The data subject withdraws consent to which the processing is based according to point (a) of Article 6(1) of the GDPR, or point (a) of Article 9(2) of the GDPR, and where there is no other legal ground for the processing.
The data subject objects to the processing pursuant to Article 21(1) of the GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2) of the GDPR.
The personal data have been unlawfully processed.
The personal data must be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject.
The personal data have been collected in relation to the offer of information society services referred to in Article 8(1) of the GDPR.
If one of the aforementioned reasons applies, and a data subject wishes to request the erasure of personal data stored by tradonline, he or she may, at any time, contact any employee of the controller. An employee of tradonline shall promptly ensure that the erasure request is complied with immediately.
Where the controller has made personal data public and is obliged pursuant to Article 17(1) to erase the personal data, the controller, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform other controllers processing the personal data that the data subject has requested erasure by such controllers of any links to, or copy or replication of, those personal data, as far as processing is not required. An employees of tradonline will arrange the necessary measures in individual cases.
e) Right of restriction of processing
Each data subject shall have the right granted by the European legislator to obtain from the controller restriction of processing where one of the following applies:
The accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data.
The processing is unlawful and the data subject opposes the erasure of the personal data and requests instead the restriction of their use instead.
The controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise or defence of legal claims.
The data subject has objected to processing pursuant to Article 21(1) of the GDPR pending the verification whether the legitimate grounds of the controller override those of the data subject.
If one of the aforementioned conditions is met, and a data subject wishes to request the restriction of the processing of personal data stored by tradonline, he or she may at any time contact any employee of the controller. The employee of tradonline will arrange the restriction of the processing.
f) Right to data portability
Each data subject shall have the right granted by the European legislator, to receive the personal data concerning him or her, which was provided to a controller, in a structured, commonly used and machine-readable format. He or she shall have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, as long as the processing is based on consent pursuant to point (a) of Article 6(1) of the GDPR or point (a) of Article 9(2) of the GDPR, or on a contract pursuant to point (b) of Article 6(1) of the GDPR, and the processing is carried out by automated means, as long as the processing is not necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
Furthermore, in exercising his or her right to data portability pursuant to Article 20(1) of the GDPR, the data subject shall have the right to have personal data transmitted directly from one controller to another, where technically feasible and when doing so does not adversely affect the rights and freedoms of others.
In order to assert the right to data portability, the data subject may at any time contact any employee of tradonline.
g) Right to object
Each data subject shall have the right granted by the European legislator to object, on grounds relating to his or her particular situation, at any time, to processing of personal data concerning him or her, which is based on point (e) or (f) of Article 6(1) of the GDPR. This also applies to profiling based on these provisions.
tradonline shall no longer process the personal data in the event of the objection, unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or for the establishment, exercise or defence of legal claims.
If tradonline processes personal data for direct marketing purposes, the data subject shall have the right to object at any time to processing of personal data concerning him or her for such marketing. This applies to profiling to the extent that it is related to such direct marketing. If the data subject objects to tradonline to the processing for direct marketing purposes, tradonline will no longer process the personal data for these purposes.
In addition, the data subject has the right, on grounds relating to his or her particular situation, to object to processing of personal data concerning him or her by tradonline for scientific or historical research purposes, or for statistical purposes pursuant to Article 89(1) of the GDPR, unless the processing is necessary for the performance of a task carried out for reasons of public interest.
In order to exercise the right to object, the data subject may contact any employee of tradonline. In addition, the data subject is free in the context of the use of information society services, and notwithstanding Directive 2002/58/EC, to use his or her right to object by automated means using technical specifications.
h) Automated individual decision-making, including profiling
Each data subject shall have the right granted by the European legislator not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her, or similarly significantly affects him or her, as long as the decision (1) is not is necessary for entering into, or the performance of, a contract between the data subject and a data controller, or (2) is not authorised by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard the data subject's rights and freedoms and legitimate interests, or (3) is not based on the data subject's explicit consent.
If the decision (1) is necessary for entering into, or the performance of, a contract between the data subject and a data controller, or (2) it is based on the data subject's explicit consent, tradonline shall implement suitable measures to safeguard the data subject's rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express his or her point of view and contest the decision.
If the data subject wishes to exercise the rights concerning automated individual decision-making, he or she may, at any time, contact any employee of tradonline.
i) Right to withdraw data protection consent
Each data subject shall have the right granted by the European legislator to withdraw his or her consent to processing of his or her personal data at any time.
If the data subject wishes to exercise the right to withdraw the consent, he or she may, at any time, contact any employee of tradonline.
7. Data protection for applications and the application procedures
The data controller shall collect and process the personal data of applicants for the purpose of the processing of the application procedure. The processing may also be carried out electronically. This is the case, in particular, if an applicant submits corresponding application documents by e-mail or by means of a web form on the website to the controller. If the data controller concludes an employment contract with an applicant, the submitted data will be stored for the purpose of processing the employment relationship in compliance with legal requirements. If no employment contract is concluded with the applicant by the controller, the application documents shall be automatically erased two months after notification of the refusal decision, provided that no other legitimate interests of the controller are opposed to the erasure. Other legitimate interest in this relation is, e.g. a burden of proof in a procedure under the General Equal Treatment Act (AGG).
8. Legal basis for the processing
Art. 6(1) lit. a GDPR serves as the legal basis for processing operations for which we obtain consent for a specific processing purpose. If the processing of personal data is necessary for the performance of a contract to which the data subject is party, as is the case, for example, when processing operations are necessary for the supply of goods or to provide any other service, the processing is based on Article 6(1) lit. b GDPR. The same applies to such processing operations which are necessary for carrying out pre-contractual measures, for example in the case of inquiries concerning our products or services. Is our company subject to a legal obligation by which processing of personal data is required, such as for the fulfillment of tax obligations, the processing is based on Art. 6(1) lit. c GDPR. In rare cases, the processing of personal data may be necessary to protect the vital interests of the data subject or of another natural person. This would be the case, for example, if a visitor were injured in our company and his name, age, health insurance data or other vital information would have to be passed on to a doctor, hospital or other third party. Then the processing would be based on Art. 6(1) lit. d GDPR. Finally, processing operations could be based on Article 6(1) lit. f GDPR. This legal basis is used for processing operations which are not covered by any of the abovementioned legal grounds, if processing is necessary for the purposes of the legitimate interests pursued by our company or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data. Such processing operations are particularly permissible because they have been specifically mentioned by the European legislator. He considered that a legitimate interest could be assumed if the data subject is a client of the controller (Recital 47 Sentence 2 GDPR).
9. The legitimate interests pursued by the controller or by a third party
Where the processing of personal data is based on Article 6(1) lit. f GDPR our legitimate interest is to carry out our business in favor of the well-being of all our employees and the shareholders.
10. Period for which the personal data will be stored
The criteria used to determine the period of storage of personal data is the respective statutory retention period. After expiration of that period, the corresponding data is routinely deleted, as long as it is no longer necessary for the fulfillment of the contract or the initiation of a contract.
11. Provision of personal data as statutory or contractual requirement; Requirement necessary to enter into a contract; Obligation of the data subject to provide the personal data; possible consequences of failure to provide such data
We clarify that the provision of personal data is partly required by law (e.g. tax regulations) or can also result from contractual provisions (e.g. information on the contractual partner). Sometimes it may be necessary to conclude a contract that the data subject provides us with personal data, which must subsequently be processed by us. The data subject is, for example, obliged to provide us with personal data when our company signs a contract with him or her. The non-provision of the personal data would have the consequence that the contract with the data subject could not be concluded. Before personal data is provided by the data subject, the data subject must contact any employee. The employee clarifies to the data subject whether the provision of the personal data is required by law or contract or is necessary for the conclusion of the contract, whether there is an obligation to provide the personal data and the consequences of non-provision of the personal data.
12. Existence of automated decision-making
As a responsible company, we do not use automatic decision-making or profiling.
Description of Services and Payments
1. tradonline offers a wide range of tools, content, products, Services, benefits, and other resources on its tradonline Website of particular interest to freelance translators and to enable freelance translators to efficiently and cost effectively manage their careers, professions, and businesses.
2. Service Provider has to stand service rules, including but not limited to time limits to finish each project undertaken and Service Buyer acceptance of translated results, in order to be credited with word credits.
3. The Owner will pay a Service Provider if the Service Provider Member requests it AND his/her word credit is equal to or greater than 250 words. The payment will be executed at least 48 hours after the Service Provider request. The payment will be executed via PayPal or wire transfer. All payments will be made in US dollars, Euro or argentinean Peso funds. The Owner reserves the right to suspend a payment if the source of the funds is suspected to be fraudulent. Any funds received from an account having made a fraudulent deposit (e.g. stolen credit card) will be reversed immediately. If in a fraudulent payment situation a payment has already been processed, you will be expected to return the funds to tradonline account. Failing which shall be considered a breach of this Agreement. Without derogating from your obligation to return the funds you shall face account termination.
4. Any Member of the Website that The Owner removes from the Website due to violation of the Terms and Conditions will receive no credit or payment.
1. Any disputes regarding arrangements between Service Providers and Service Buyers will be resolved by the Owner solely.
2. You hereby release the Owner from any and all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, related to such a dispute.
3. You acknowledge and agree that the Owner is not liable for any loss or damage which may be incurred by you as a result of the Services, or as a result of any reliance placed by you on the accuracy or completeness of the translations provided by the Service Providers.
Access and Proprietary Rights
4. So long as you comply with this User Agreement, you are authorized to access, use and make a limited number of copies of information and materials available on this Website only for purposes of your personal use. Any copies made by you must retain without modification any and all copyright notices and other proprietary marks. The pages and content on this Website may not be copied, distributed, modified, published, or transmitted in any other manner, including use for creative work or to sell or promote other products. Violation of this restriction may result in infringement of intellectual property and contractual rights of The Owner and could result in substantial civil and criminal penalties. tradonline and other identifying marks of tradonline are proprietary to the Owner. You may not use these marks for any purpose without the express prior written consent of the Owner. Except as expressly set forth above, User Agreement does not grant you any express, implied or other license or right under any patent, trademark or copyright of tradonline.
5. The contents of this Website are protected by copyright and may not be copied or otherwise reproduced without The Owner 's written permission except as expressly set forth above. Users/ Members may not publish or create derivative works from the contents of this Website for any public or commercial purposes.
Member/User Representations and Warranties
1. as a Member/User:
a. You will only use the Website and the Services in a manner that is accepted and legal according to all applicable laws and regulations.
b. You will adhere to our acceptable use policies and all other Terms and Conditions relating to your usage of the Services in respect of the Website, and will not transmit junk messages, advertisements or any type of solicitation whatsoever of any products or Services to any other Members of the Website.
c. You are strictly prohibited from attempting to negotiate the fee for a project with another Member directly (outside of tradonline.com.ar) after that project has been created/opened and before that project has been closed (basically, during an ongoing project). This also applies to any project that was closed without translation results delivered by the Service Provider. We believe our commissions are very fair and justified for the Services we provide, therefore we will absolutely not tolerate any of this activity on tradonline.
d. You will not in any way copy, modify, publish, transmit, display, sell, distribute or reproduce copyrighted material, trademarks or other protected proprietary information without the express written consent of the Owner of such materials.
e. By posting information or content to any public area of the Services, you automatically grant, and you represent and warrant that you have the right to grant the Owner and other Members an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, copy, perform, display and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.
f. Your use of the Services is strictly at your own risk and you are solely responsible for your contact, whether it be written, verbal or in person, with any other Member/User of the Website. The Owner and its officers, directors, employees, agents, affiliates and third parties assume no responsibility whatsoever for harm that may come to you as a result of your contact (of any form) with any other Member/User of the Website (including but not limited to emotional, verbal and physical abuse or assault)
g. You will not communicate, publish or display to any other Member/User any form of defamatory, slanderous, offensive, inaccurate, abusive, profane, obscene, sexually offensive, threatening, harassing, racial, or illegal material, including but not limited to nude photos of yourself or others, pornographic photos or images and any other type of unlawful or unacceptable material, as decided by the Owner. The Owner reserves the right to remove any such material from the Website without notice.
h. You will not engage in, and the Owner is not be responsible for, any form of harassment, offensive or abusive behavior of any kind whatsoever that may be harmful to any other Member/User of the Website (including but not limited to physical and emotional damage).
i. You will not use the Website, Services or your profile for any purpose other than translation Services.
j. Illegal and/or unauthorized uses of the Website, including collecting Usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email, forwarding commercial or other offers to other Members by this Website or by email or other means external to the Website, and unauthorized framing of or linking to the Website will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress.
k. In order to protect our Members/Users from improper advertising or solicitation, and to maintain usage integrity on the Website, we reserve the right to restrict access by all Members to all or certain elements of the Services on a per-action basis, such levels to be determined in our sole discretion from time to time, whether determined in respect of a 24 period or otherwise.
l. You agree that we reserve the right change any of the Terms, rights, obligations, privileges or institute new charges for access to or continued use of Services at any time, with or without providing such notice as the Website may determine appropriate. All changes will be posted online or may be emailed to you at the Owner's discretion, and you are responsible for reviewing the information and Terms of usage as may be posted regularly to obtain timely notice of such changes. Continued use of the Services or non-termination of your Membership after changes are posted or emailed constitutes your acceptance or deemed acceptance of the Terms as modified, regardless of whether the notice or email was successfully received, read, or lost during transmission.
m. You will defend, indemnify, and hold harmless the Owner, Its officers, directors, employees, agents, affiliates and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees on a solicitor and his own client basis) relating to or arising out of your use of the Website or Services, including any breach by you of the Terms of this Agreement or other Terms and Conditions posted on the Website from time to time.
n. Please note you may be involuntarily exposed to offensive or obscene materials that may have been posted by Members/Users, hackers or unauthorized Users from time to time. Please note that it is possible for others to obtain your personal information and use it to engage in an action that may be harmful to you or injure you. The Owner is not responsible for the use of any personal information that you choose to display, publish or distribute to other Members/Users.
o. The Owner reserves the right but has no obligation, whether on the basis of complaints or on its own initiative, to monitor any messaging or other activity and the materials posted in the public areas of the Website, and to review usage, activity or the content of any messages, materials or other interchanges which are otherwise posted, sent or transmitted via the Website.
p. The Owner shall have the right in its sole discretion to remove any material or profiles, regardless of whether the Owner determines that such materials or profiles violate, or are alleged to violate, the law or this Agreement.
q. Notwithstanding the foregoing, the Owner does not undertake to monitor, control or edit any communications between its Members, and such communications may be offensive to you. You assume full responsibility and you assume all risk for the use of the Services, and you are solely responsible for evaluating the accuracy, completeness, and usefulness of all Services, products, communications, and other information.
r. All communications between Members are at the Members/Users 's sole control and risk.
s. In no event the Owner or its affiliates will be liable for any incidental, consequential, or indirect damages (including, but not limited to, any deaths, threats, torts or injuries committed by any other Users, damages for loss of data, loss of programs, cost of service interruptions or procurement of substitute Services) directly or indirectly arising out of the use or inability to use the Services, even if the Owner, his agents or representatives know or have been advised of the possibility of such damages. notwithstanding anything to the contrary contained herein, the liability to you by the Owner, its affiliates, for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you for the Services during the term of Membership.
t. Under no circumstances will the Owner, or its affiliates be responsible for any loss or damage resulting from your use of the Website, your reliance on information or other content posted on the Website, or transmitted to Members.
u. You will not use any automated collection mechanism or any manual process to monitor or copy the web pages comprising the tradonline Website or the content contained therein without the prior written permission of the Owner.
v. You will not create multiple User accounts to avoid fees, suspension or bad ratings on tradonline.
w. You will not contact Users or Members or freelance translators or translation companies through our Website or through information gained from our Website with the intent of subverting them from using our Services.
2. as a Service Provider:
a. You will not redistribute any of the content (information) on tradonline, including but not necessary limited to text submitted by Service Buyers, the translated results, private messages, documents.
1. Neither the Owner nor its affiliates guarantee the accuracy, completeness, or usefulness of any information on the Website, and neither adopts nor endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made.
2. The Services are provided on an "as is" basis without any warranties or conditions of any kind, express, implied, statutory, in all communication with the Owner, its affiliates or its representatives, or otherwise with respect to the Services.
3. The Owner and/or its affiliates specifically disclaim any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Neither, the Owner nor its affiliates warrant that your use of the Services will be secure, uninterrupted, always available, or error-free, or will meet your requirements, or that any defects in the Website will be corrected.
4. The Owner and its affiliates disclaim all liability, regardless of the form of action, for the acts or omissions of other Members or Users (including unauthorized Users, or "hackers") of the Website or Services.
Laws and Regulations
1. This Agreement shall be governed by, construed and enforced in accordance with the laws of the Argentine Republic.
2. Any disputes or legal proceedings arising out of or relating to this Agreement shall at the Owner's election be determined via arbitration under the jurisdiction of Argentina (pursuant to the arbitration act), or in the courts of the Argentine Republic.
Service Provider Non-Disclosure Agreement (NDA)
1. You agree to keep all information - including but not limited to customer data, source text, content, source files, prices, agreed terms and the translation itself - secret both during the translation project duration and following its termination. This applies also to the existence and contents of this Agreement.
2. How you obtain the information is of no consequence. The obligation to observe secrecy applies to all information acquired in the course of the translation project duration, by happenstance, or in the course of some other activity within the scope of the working relationship.
3. Care shall be taken in particular to ensure that the aforementioned data and information are not seen or disclosed by employees, freelancers, other third parties, or family members. You are liable for all damages arising from breach of the obligation to observe secrecy, as well as for his/her own negligence.
4. If it is necessary that you enter into direct contact with a customer of tradonline, you agree to keep confidential all such terms and other internal business information as exist between tradonline and you. You shall act in behalf of tradonline whenever he/she is in contact with a customer of tradonline.
5. This obligation applies in particular to "Translation memories" (TMs) and glossaries provided by tradonline or the customer of tradonline. tradonline provides TMs and glossaries for use exclusively by you. The TMs and glossaries may be used only for orders placed by tradonline or its customer. The TMs and glossaries shall not be disclosed in full or in part to third parties in any way, irrespective of whether the TM or glossary is provided free of charge or for a fee. Third parties shall not be provided with or granted knowledge of any or all of the contents or structure of the TMs and glossaries. TMs and glossaries supplied by tradonline or its customer shall be deleted following termination of the relationship with tradonline (or with the end customer). Any changes shall be reconciled with tradonline and shall be added to the TM or glossary only with the consent of tradonline.
6. Should there be any doubt as to the confidentiality of information, you agree to consult tradonline for clarification. If clarification cannot be obtained, it shall always be assumed that data or information are confidential.
7. This Agreement does not apply to information that is already known, that is public, or that has been disclosed by third parties without a breach of confidentiality. It also does not apply to information that must be disclosed owing to legal provisions, final court decisions, or official directives. Insofar as legally permitted, however, you, if required to make disclosure, shall inform tradonline of the disclosure in advance or without undue delay, and shall make every effort to prevent the information from becoming generally known and to enter into an appropriate confidentiality agreement.
8. You confirm that he/she has a professional liability for any financial losses arising from errors or omissions in translations, interpreting services, editing or proofreading work done in tradonline.
9. All confidential information and its embodiments remain the property of tradonline and shall be returned, whether requested or not, at the end of the translation project duration or if preliminary business discussions with a customer do not result in an order. At the same time, retention, copying, and all forms of duplication of documents, data media, or other copies are forbidden.
1. This Agreement contains the entire Agreement regarding the use of the Website and its Services.
2. This Agreement may only be amended with the express consent of the Owner. Unless otherwise explicitly stated, the Terms will survive termination of your Membership to the Services. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.
3. Your personal information, as well as your photo, may be displayed to other Users of the Website. We are not responsible for the personally identifiable information you choose to submit in these Website areas or for any damage that can be done as a consequence.
4. This version of the Agreement was updated on May 17, 2018.