Terms and Conditions

Terms of Service
Terms of Use
Promotion Terms
- International Translation Day 2023 Offer （國際翻譯日 2023 優惠）
- Easter Egg Hunt 2024 Competition （復活節尋彩蛋 2024 活動）

TERMS OF SERVICE

1. General Overview

1.1 These terms and conditions apply to any work done on behalf of the Client by us (Gwynedd Global trading as The Languaging Lab™).
1.2 We will provide language services as mutually agreed, confirmed in writing by you.
1.3 The Client is under no obligation to offer us work; neither are we under any obligation to accept work offered by the Client.
1.4 The work will be carried out unsupervised at such times and places as determined by us, using our own equipment.
1.5 The work will be carried out by us. We will not subcontract language projects, or parts of projects, to third parties.
1.6 We confirm that we are a sole trader, are responsible for our own income tax, and will not claim benefits granted to the Client’s employees.
1.7 The contract of service requires that the Client acknowledges, in writing (including email and WhatsApp, or via the booking confirmation form), that they have read, understood and agreed to these terms and conditions.
1.8 If there is any inconsistency in the information provided between the English and Chinese (Traditional Chinese and/or Simplified Chinese) versions, the English version shall prevail. In the case of any dispute, we reserve the right of final decision.
1.9 In these terms and conditions, unless the context otherwise requires:
• Words in the singular shall include the plural and vice versa.
• “Day” means calendar day if not specifically defined.
• “Working Day” means Mondays through Fridays, inclusive, but does not include national, public, or bank holidays of Hong Kong.
• No part of any numbered clause shall be read separately from any other part.
• Clause headings are provided for convenience of reading only and shall be ignored for the purposes of ascertaining meaning.
• A reference to a statute or statutory provision is a reference to it as amended, extended or re-enacted from time to time.
• References to a “Party” or the “Parties” means the parties to the contract of service. Such Parties may be natural or legal persons, including, for example, private individuals, associations, partnerships, economic interest groupings or corporate entities.
• Any words following the terms “including”, “include”, “in particular”, “for example” or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.

2. Project Terms

2.1 Prior to commencement of the language work, the Client and we will agree, in writing (including email), the terms of the project:
• the medium in which the language service will be carried out (e.g. in Word, on PDF, on paper)
• how the material will be annotated (e.g. Track Changes in Word, corrections on paper)
• the length of time required to complete the project, as advised by us
• a fee for the project, based on a quotation supplied by us, in writing (including email), following our evaluation of the project material and the time frame required to complete the job
• any expenses (e.g. postage, bank charges, handling fee) that the Client will bear in addition to the costs of the language work
• the date by which the material will be delivered by the Client to us
• the latest date by which the completed project will be returned, following our advice to the Client
2.2 If, on receipt of the project to be worked on or at an early stage, it becomes apparent that significantly more work is required than had been anticipated in the preliminary discussion/brief or from the sample supplied, we may renegotiate the fee and/or the deadline, or decline to carry out the work.
2.3 Similarly, if, during the term of our work, additional tasks are requested by the Client, we may renegotiate the fee and/or the deadline, or decline to carry out the additional work.
2.4 If we have made a substantial contribution to the work, we will be entitled to receive one free copy of the work.

3. Quotations and Fees

3.1 A quotation for the work will be provided by us to the Client following our evaluation of a representative sample of the materials to be worked on, and a discussion with the Client as to what is required.
3.2 Once the Client and we have agreed the full fee, it is non-negotiable unless the Client extends the word count of the job or requests additional services. In this case, a revised quotation and job-completion date will be negotiated.
3.3 The Client will pay us a fee (rounded up to the nearest dollar) per 10 words OR per 100 words OR per hour OR per printed page OR an agreed flat fee for the project, as agreed in writing.
3.4 Unless otherwise agreed, we will supply the Client with an invoice immediately upon completion of the language project.
3.5 Unless agreed otherwise at the outset, payment should be received within thirty (30) days of receipt of the invoice, and within three (3) days for booking fees.
3.6 If the project is lengthy, we may invoice periodically for completed stages.
3.7 Any payment that is not made before the due date shall bear interest at the rate of three per cent (3%) above the judgement debt rate prescribed from time to time pursuant to section 50 of the District Court Ordinance (Cap. 336) from the date when such payment fell due until the date of payment. Such a late charge will be rounded up to the nearest dollar. We reserve the right to remove any discounts.
3.8 Unless otherwise agreed, the fee quoted is for one (1) pass of a manuscript. Additional passes are new projects, the terms of which will be agreed separately.

4. Booking Confirmation Form

4.1 The booking confirmation form is an agreement to the contract of services between the Client and us.
4.2 A contract can be formed when the quotation is accepted without the Client’s completing the booking confirmation form.
4.3 Acceptance of a quotation is the Client’s explicit response to the quotation (the offer). Such an acceptance can be communicated verbally, in writing, or from conduct. Where the means of communication is instantaneous (e.g. WhatsApp, email), the contract will come into being when and where the receipt of acceptance is confirmed.

5. Booking Fee

5.1 The booking fee is payable by the Client who books a language service apart from Certified Translation from us for the first time.
5.2 When the Client has sent the booking confirmation form, we will issue the invoice for the booking fee.
5.3 Booking fees are non-refundable.
5.4 For a project with a total fee in excess of HKD1,000, the Client will pay a booking fee equivalent to forty per cent (40%) of the total fee (rounded up to the nearest dollar).
5.5 For a project with a total fee of HKD1,000 or less, or if it is a Certified Translation project, the Client will pay the full fee up front. This is non-refundable.
5.6 By filling in the booking confirmation form or explicitly communicating the acceptance of the quotation, the Client agrees to secure our language services for a specific and mutually agreed-upon project, at a specific and mutually agreed time.
5.7 By filling in the booking confirmation form or explicitly communicating the acceptance of the quotation, the Client confirms that they have read and agreed to the terms and conditions herein. From thereon, the terms of the cancellation policy (see below) apply.
5.8 The booking fee will be deducted from the final invoice issued when the editing work is complete.
5.9 The booking is considered confirmed once the booking fee has been paid by the Client and received by us.
5.10 The booking fee should be paid within three (3) days of sending the booking confirmation form or explicitly communicating the acceptance of the quotation to secure the slot in our schedule.

6. Cancellation Policy: Terms and Fees

TERMS:
6.1 Both the Client and we have the right to terminate a contract for services at any time if there is a serious breach of its terms.
6.2 This Client is free to cancel a service for any reason by providing us with written notice (including email); we must acknowledge this cancellation in writing (including email) for this to be valid.
6.3 We may cancel a service at any time for any reason by providing written notice (including email) to the Client. In the unlikely event that we cancel a service, we will provide a prorated refund of any overages of fees paid (including the booking fee, as appropriate).
6.4 If, in the unlikely event that the Client is touched by extraordinary or difficult circumstances that cause cancellation or delay (e.g. family crisis, illness, bereavement), the Client should contact us to discuss the terms of the cancellation policy. We aim to be fair and helpful at all times.
6.5 If we are touched by extraordinary or difficult circumstances that cause cancellation (e.g. family crisis, illness, bereavement), we will contact the Client in writing at the earliest opportunity and do our best to renegotiate the time frame of the project or find an alternative supplier of language services. The booking fee will be refunded.
FEES:
6.6 CANCELLATION DURING THE PROJECT: If the Client cancels the work during the language project, we reserve the right to invoice for one hundred per cent (100%) of the agreed fee (less the booking fee, as appropriate).
6.7 CANCELLATION PRIOR TO PROJECT COMMENCEMENT:
• If the Client wishes to cancel with less than three (3) days’ notice, we reserve the right to invoice for one hundred per cent (100%) of the agreed fee (less the booking fee, as appropriate).
• If the Client wishes to cancel with more than three (3) days’ notice, the booking fee will not be refunded but no other charge will apply.

7. Confidentiality

7.1 The nature and content of the work will be kept confidential and not made known to anyone other than the Client and its contractors without prior written permission.
7.2 We will not, under any circumstances, distribute them to third parties unless specifically authorised to do so, in writing, by the Client.
7.3 We and the Client may keep on record such information (e.g. contact details) as is necessary. Either may view the other’s records to ensure that they are relevant, correct and up to date.
7.4 We will not make copies in addition to those required in the normal conduct of business and copies shall be for internal use only.
7.5 We may use the Client’s name and the name of the organisation to which they belong in our promotional material, including online and social media.

8. Copyright

8.1 When it is agreed that copyright of any content created by us as part of the language project process is to be assigned to the Client, such copyright shall only be assigned when full payment for the commission has been received. Until such time, the copyright shall be owned by us.
8.2 Copyright may subsist in material in written or spoken form or recorded in electronic form.
8.3 If we assign copyright and the language work is subsequently published, we expect the Client to acknowledge our work in the same way as for others involved in the publication, unless otherwise agreed.
8.4 If the translation is to be incorporated in a translation memory, we shall license use of the translation for this purpose.
8.5 The Client agrees to hold us harmless from and against all claims, liabilities and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against them.

9. Quality Assurance

9.1 We aim to provide an accurate, thorough and reliable proofreading/editing service. Although we aim to provide the best service possible, we cannot guarantee absolute accuracy and occasionally we may not correct an error.
9.2 We cannot be held responsible for direct, indirect, special or consequential losses or costs incurred by any errors, factual or grammatical, remaining in your work. The final responsibility for your work remains with you.
9.3 Please read the Editorial Perfection – Myth or Fact? and Are you going to make my text / manuscript perfect? pages, where we pledge not to make unachievable promises with regard to perfection—particularly when a typescript has not been through previous rounds of extensive professional editorial revision—as it is both unethical and misleading in nature, which is not the way we do business.

10. Complaints

10.1 Any complaint by the Client about the language work delivered by us shall be submitted to us within five (5) days.
10.2 Please read our Complaints Procedure, which details how you can file a complaint, what you can expect from us, and what we expect from you.
10.3 In the event of unreasonable behaviour or actions, we might limit the Client’s contact with us. We consider any decision to restrict contact with us very carefully and any action we take will always be reasonable.

11. Liability

11.1 Neither party shall, under any circumstances whatsoever, be liable to the other, whether in contract, tort (including negligence) or restitution, or for breach of statutory misrepresentation, or otherwise, for any:
• loss of profit;
• loss of goodwill;
• loss of business;
• loss of business opportunity;
• loss of anticipated saving;
• loss of corruption of data or information; or
• special, indirect or consequential damage, suffered by the other party that arises under or in connection with the contract.
11.2 Without prejudice to clause 11.1, our total liability arising under or in connection with the contract, whether in contract, tort (including negligence) or restitution, or for breach of statutory misrepresentation, or otherwise, shall in all circumstances be limited to the amount payable by the Client to us pursuant to the contract.
11.3 In this respect, following a refund, any content created by us as part of the language project process will become the copyright of ours unless otherwise agreed.
11.4 Subject to clause 11.5, our work shall be fit for its stated purpose and target readership, and the level of quality specified.
11.5 Unless specified otherwise, our work shall be deemed to be of “for information” quality only.

12. Academic Liability

12.1 You are responsible for checking that the use of a proofreading/editing service is permitted by your academic institution before engaging our services and, if so, whether you have to obtain your supervisor’s permission and/or acknowledge our involvement in your work. We will not check any academic institution’s policy on proofreading/editing and we cannot accept any liability if you do not make adequate enquiries.
12.2 Avoiding plagiarism remains your responsibility at all times. We will not check the document for any possible plagiarism issues.
12.3 We will not proofread your document in any way that breaches the academic community’s usual rules concerning plagiarism and cheating. This means that, for example, we will not rewrite your essay or substantial parts of it, add text (or paraphrase) from anyone else’s work and insert it into your essay, or make any other change that would be plagiarism.
12.4 Please check whether your institution has guidelines on the use of our editorial services; if so, please provide these to us so that we can work to them.
12.5 If we have evidence to suggest that you are guilty of plagiarism, then we can immediately terminate the contract and refuse to do further work for you.
12.6 The mark or grade that you are awarded by your academic institution is not within our control. We cannot provide advice or guidance on predicted grades and cannot be held legally responsible for a lower than expected mark or grade in relation to any material we return to you. While our editorial aim is to ensure that your work is free from errors of spelling, grammar and punctuation and is consistent in style, we cannot guarantee that using our services will result in improved marks.

13. Variation

13.1 We may revise these terms and conditions from time to time without notice and without liability arising from such an action.
13.2 The revised terms and conditions shall apply to any work done on behalf of the Client by us from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions.

14. Legal Jurisdiction

14.1 This agreement is subject to the laws of Hong Kong, and both the Client and we agree to submit to the jurisdiction of the Hong Kong courts.
14.2 The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be Hong Kong.

15. Privacy Policy and the GDPR

15.1 Please read our Privacy Policy, which explains the data we collect, how we use it and store it, and our compliance with the General Data Protection Regulation (GDPR).

16. Acknowledgements in Published Works

16.1 There is no requirement for the Client to mention us in the published work’s acknowledgements section. However, the Client agrees that we will have the opportunity to review any such mention prior to publication, or to decline to be mentioned.

Booking Confirmation Form

TERMS OF USE

In accessing the site you agree to do so only for your own personal, non-commercial use and in accordance with these Terms. This is to protect the security of your own data, and also to protect the rights of others. Please read these Terms carefully as they set out your rights and obligations, and also provide information on how you can submit content to the site, and how this will be used. Please also read our Privacy Policy, as this contains important information about how we use and protect your data.

1. The site (thelanguaginglab.com) is owned and operated by Gwynedd Global.
2. Visitors to the site who only wish to view content do not need to register – but any use of the site means you accept these Terms. If you do not accept these Terms, you should stop using the site immediately.
3. It is not permitted to copy, reproduce, republish, download, post or store (including in any other website), distribute, transmit, broadcast, commercially exploit or modify any of the site’s material or content, including other contributions or any advertising or sponsorship.
4. You agree to only use the site for lawful purposes, in a way which does not infringe the rights of anyone else, or restrict their enjoyment of the site. Such restriction includes posting content which is libellous, in breach of anyone’s privacy, or which may harass or cause distress to anyone, or which is obscene or offensive.
5. The site may includes links to third party websites – we are not responsible for the availability of these sites, and are not responsible for the content or services from these sites. If you access these third party sites, you do so at your own discretion and risk.
6. We will endeavour to provide the site using all reasonable care and will use reasonable efforts to make the site available to you at all times. However, the site is provided over the internet and so the quality and availability of the site may be affected by factors that are outside our reasonable control, such as technical faults in your ISP’s and/or telecommunication providers’ network/service. We are not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers, providers, computer equipment or software, or failure of any email to be received on account of technical problems or traffic congestion on the Internet, telephone lines or at any website (or any combination of these things).
7. We make no guarantees that the site will be available, uninterrupted or error free, or that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs. Except as required by law, we will not be responsible for any loss or damage caused by: (a) interruption or delay to the site or errors, viruses or bugs contained in the site caused by events outside our reasonable control; (b) your negligence, your breach of these terms or failure to follow our reasonable instructions; (c) any incompatibility of the site with any other software or material on your equipment; (d) any unauthorised use of the site; or (e) any other factor that is outside our reasonable control.
8. Content, information and other material on the site may contain inaccuracies and typographical errors. We do not guarantee the accuracy or completeness of these or the reliability of any information displayed or distributed through the site (including provided through any software). You acknowledge that reliance on any such information shall be at your sole risk. We reserve the right, in our sole discretion, to correct any errors or omissions in any part of the site and to make changes to the site and to the materials, products, programs, services and content described on the site at any time without notice.
9. We cannot accept any responsibility for any damage, loss, injury or disappointment suffered though use of the site. In no event will we or any of our third party affiliates be liable for any damages whatsoever, whether in action of contract, negligence or other action, such as damages for loss of use of the site, damage to equipment or other software, or loss of data or profits or for other monetary loss or for any indirect or consequential damages, arising out of or in connection with the use (or inability to use) or performance of the site. In addition, in no event shall we or any licensors or third party affiliates be liable for any unauthorised use of the site.
10. These exclusions do not apply to death or personal injury caused by our negligence and only apply to the extent permitted by law. This does not affect your statutory rights.
11. You can contact us by email at info@thelanguaginglab.com. For data protection and rights questions, please use dpo@thelanguaginglab.com.

INTERNATIONAL TRANSLATION DAY 2023 OFFER TERMS

This offer may only be redeemed once per client.
Offer valid from 00:00 (HKT) till 23:59 (HKT) on 30 September 2023.
The promotion code must be entered or mentioned to our staff before submission of Booking Confirmation Form to enjoy the offer. No retrospective arrangement will be made.
Please note that promotional offers and discount codes must only be used within the valid offer period. They can only be applied to the service specified. They cannot be used for discounts on postage or any other charges.
Promotions cannot be backdated or applied retrospectively to orders already placed. They cannot be used in conjunction with other promotional offers.
There are no cash alternatives for offers or discount codes.
The Languaging Lab™ reserves the right to cancel, change or extend offers at any given time without prior notice, and of final decision on all matters of dispute.

國際翻譯日 2023 優惠條款

每位客戶只可使用此優惠碼一次。
優惠有效期為香港時間二零二三年九月三十日零晨十二時正至當天晚上十一時五十九分。
客戶必須在填交訂單確認表格之前輸入或向本公司職員提供優惠碼，方可享此優惠，過後恕不受理。
推廣優惠及優惠碼只適用於有效期內使用，逾期即作無效。
優惠僅適用於指定服務，並不能用於扣減郵費或其他費用。
優惠不能與任何其他優惠同時使用，不可兌換現金或為現金等價物，亦不能追溯使用於以往訂單。
The Languaging Lab™ 保留此優惠之最終解釋權及批核權，並可更改此優惠之條款及細則而不作另行通知。如有爭議，最終將以 The Languaging Lab™ 之決定為準。

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EASTER EGG HUNT 2024 COMPETITION TERMS

The competition will run on consecutive days from 29 March to 01 April 2024 (both days inclusive).
Participants must locate all 3 Easter eggs and send the 3 screenshots via direct message to the Promoter on Facebook, Instagram or WhatsApp to enter the prize draw.
The competition will close at 23:59 HKT on 01 April 2024 and after that point, no more entries will be accepted.
No purchase necessary.
The competition is not open to employees (or family members of employees – defined as parents, children, siblings, spouse and life partners) of The Languaging Lab™ or anyone directly connected with the planning or administration of this competition and all affiliates of such companies.
Maximum of one entry per person. If more entries than the limit listed are sent from the same number or from multiple accounts set up by the same entrant, only the first entry will be valid.
Winners will be selected at random in April 2024 from all complete entries received. The Promoter’s decision is final and no correspondence will be entered into.
3 prize winners will each receive a HK$100 e-voucher.
Winners will be notified by direct message on the channel the entry was made (Facebook, Instagram or WhatsApp) in late April 2024. Following such notification, the winners will be required to provide the Promoter with an email address, to which the e-voucher will be sent.
If the Promoter cannot: (i) contact the winner (via the channel the entry was made) within a reasonable period of time (to be established at the Promoter’s sole discretion); or (ii) the winner does not return an email address to the Promoter within 7 days of notification that they have won a prize, the Promoter reserves the right to re-draw a winner of the Promotion and thereafter until a winner on these terms is found.
Please allow 30 days for delivery of the prize from the date of prize acceptance.
The Promoter accepts no responsibility for entries or claims that are late, incomplete, incorrectly submitted, corrupted or misdirected, network failure or delayed.
Prizes are not transferable or exchangeable unless otherwise stated and cannot be redeemed for cash or any other form of compensation. Any person found selling their prize will be disquaflied and asked to return their prize.
Entrants’ personal data will only be used for this promotion and will be held in accordance with the Promoter’s Privacy Policy, which is available here.
If there is any inconsistency in the terms provided between the English and Traditional Chinese versions, the English version shall prevail. In the case of any dispute, the Promoter reserves the right of final decision.
Unless otherwise stated, the Promoter is The Languaging Lab™.

復活節尋彩蛋 2024 活動條款

是次活動於 2024 年 3 月 29 日至 4 月 1 日（包括首尾兩天）舉行。
參加者必須找到全部共 3 顆復活節彩蛋，並透過 Facebook、Instagram 或 WhatsApp 將已尋獲的 3 張彩蛋螢幕截圖傳送給主辦單位，才符合資格參加抽獎。
是次活動將於 2024 年 4 月 1 日香港時間 23:59 結束，此後將不再接受任何抽獎登記。
參加者無需付出任何費用即可參與活動或取得獎品。
The Languaging Lab™ 之員工及其家屬（定義為父母、子女、兄弟姊妹、配偶及家庭伴侶）、任何與是次活動的策劃或管理有直接關係的人或此等公司的所有附屬公司一概不得參加是次抽獎活動，以示公允。
每人最多可登記一次。如果從同一號碼或同一參加者設定的多個帳戶發送螢幕截圖，則僅第一次登記屬有效。
得獎者將於 2024 年 4 月從收到的所有合資格登記中隨機選出。主辦單位的決定為最終決定。
3 位得獎者將各獲贈港幣 100 元電子禮券乙張。
得獎者將於 2024 年 4 月下旬在參加渠道（Facebook、Instagram 或 WhatsApp）上收到訊息通知。收到此類通知後，得獎者將需要向主辦單位提供一個電郵地址，以便將電子優惠券寄送至該地址。
若主辦單位無法：（一）在由主辦單位自行決定的合理時間內透過參賽渠道聯絡得獎者；（二）得獎者在收到獲獎通知後 7 天內未向主辦單位提供電郵地址，則主辦單位保留重新抽取活動得獎者的權利，直至得獎者按照這些條款被選中為止。
自接受獎品之日起，獎品或需 30 天的時間送達。
主辦單位對於遲交、不完整、錯誤提交、損壞或誤導、受網絡故障或延遲影響的登記或領獎並不承擔任何責任。
除非另有說明，獎品不可轉讓或交換，且不能兌換現金或任何其他形式的補償。任何被發現出售獎品的得獎者將被取消資格並被要求退還獎品。
參加者的個人資料將僅用於是次活動，並將根據主辦單位的隱私權政策保存。
若英文版和繁體中文版的條款有任何不一致，以英文版為準。如有任何爭議，主辦單位保留最終決定權。
除非另有說明，主辦單位為 The Languaging Lab™。