Created and updated: 04 February 2009
Welcome to Lingoproz.co.za. The following Terms and Conditions are a contractual agreement between you and Lingoproz. The Terms and Conditions are referred to as the "Agreement" and as the "Terms". By visiting or using the services available from the domain and sub-domains of www.Lingoproz.co.za (the "Site"), you are agreeing to be legally bound by the Agreement. We reserve the right to revise the Terms and Conditions and all linked information from time to time in our sole discretion by updating this posting or any linked information. Unless otherwise provided in such revision, the revised terms will take effect when they are posted. Your continued use of site signifies your assent to such changes. Because the Terms and Conditions contain legal obligations, please read them carefully.
Lingoproz makes the Site available as an online platform for Clients for professional services ("Clients") to contact Providers of professional services ("Providers"). Providers are able to list and offer their business and services on the Site. Lingoproz does NOT source or deliver jobs, and does NOT act as an agent. Lingoproz only provides the online platform for Clients and Providers to find each other and contract with each other for jobs.
PROVIDER ACCOUNT AND CLIENT ENQUIRIES
Providers must register for a "Provider Account" with the Site to use the Services available from the Site to Providers. You agree to provide true, accurate and complete information as prompted by the registration form and all forms you access on the Site, and to update such information to maintain its truth, accuracy and completeness. You cannot register for more than one Provider Account.
To use the Services available from the Site to Clients you must conduct a search on the Site and fill in and submit the enquiry form. You agree to provide true, accurate and complete information as prompted by the enquiry form and all other forms you access on the Site. You hereby agree to Lingoproz' exclusive right to delete any enquiry if it fails to fullfil the required criteria or is found bogus.
Lingoproz makes the Site available as an online platform where Clients find and contact Providers of professional services and both Clients and Providers take advantage of the Services. Lingoproz is not involved in the dealing and contracting between Clients and Providers, or in the Providers' delivery of Provider Services to Clients. Lingoproz has no control over and does not guarantee the quality, safety or legality of Provider Services advertised, the truth or accuracy of listings, the qualifications, background, or abilities of users, the ability of Providers to deliver Provider Services, the ability of Clients to pay for Provider Services, or that a Client or Provider can or will actually complete a transaction. All rights and obligations for the purchase and sale of any jobs are solely between Clients and Providers. Each Client and Provider must look solely to the other for enforcement and performance of all the rights and obligations arising from jobs in accordance with the Terms and Conditions and any other terms, conditions, representations, or warranties associated with such dealings.
PERFORMANCE OF CLIENT-PROVIDER CONTRACTS
You agree not to enter into any contractual provisions in conflict with these Terms and Conditions. Any provision of a Client-Provider Contract in conflict with the Terms and Conditions is void. The Client and Provider each covenants and agrees to act with good faith and fair dealing in performance of the Client-Provider Contract. Furthermore, the Client and Provider each acknowledge and agree that the value, reputation, and goodwill of the Site depend on their performance of the foregoing covenants and agreements. The Client and the Provider therefore agree that Lingoproz has the right to take such actions with respect to the Client-Provider Contract, including without limitation suspension, termination, or legal actions, as Lingoproz in its sole discretion deems necessary to protect the value, reputation, and goodwill of the Site.
RELATIONSHIP BETWEEN CLIENTS AND PROVIDERS
Each Client and Provider acknowledges and agrees that their relationship is that of independent contractors. The Services performed by the Service Provider, its employees, agents or sub-contractors shall be as an independent contractor and nothing in the Terms and Conditions shall be deemed to create a partnership, joint venture, agency relationship or otherwise.
TAXES, REPORTING AND LEGAL RESPONSIBILITIES
Each user is solely responsible for satisfying any income tax, VAT, payroll tax, payroll withholding, and use tax, governmental reporting and other legal requirements under applicable law, including without limitation those applicable to the purchase and sale of Services from and by independent contractors.
DIRECTORY OF PROVIDERS
The Site contains a directory of Providers. The directory is populated with information from third parties, from Providers themselves and from other users. Lingoproz provides this directory as a convenience and does not confirm or verify the information contained in it.
RIGHTS IN THE DATABASE
Database rights (pursuant to the Copyright and Rights in Databases Regulations 1997) and all other applicable copyright and intellectual property rights in the Client and Provider database belong to Lingoproz. You acknowledge that you do not acquire any rights in the database or its content and that these terms and conditions govern your retention and use of the database and its content.
THIRD PARTY CONTENT, VERIFICATION AND MONITORING
Lingoproz makes feedback services available to users on the Site. Lingoproz has no editorial control over such content. Lingoproz is not responsible for and does not monitor content for any purpose. Any opinions, advice, statements, services, offers or other information or content expressed or made available by third parties are those of the respective author(s) or distributor(s) and not of Lingoproz. Lingoproz neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information or statement made on this Site by anyone other than authorised Lingoproz employees acting in their official capacities. Lingoproz does not confirm or verify if a Provider claiming to be a professional or claiming to be qualified to provide professional advice is in fact licensed or otherwise qualified to provide the Services or advice being requested.
This Site may contain links to other Websites or resources and access and use of certain services offered by third parties. Your access and use of those Websites, resources or services will be governed by the terms and policies of the respective Website or resource or Provider. You acknowledge and agree that Lingoproz is not responsible or liable for: (i) the availability or accuracy of such sites or resources; or (ii) the content, advertising, or products on or available from such Sites or resources. The inclusion of any link on the Site does not imply that we endorse the linked site. You use the links and these services at your own risk.
The Terms and Conditions and any registration for or subsequent use of this Site will not be construed as creating or implying any relationship of agency, franchise, partnership or joint venture between you and Lingoproz, except and solely to the extent expressly stated.
ACCESS AND INTERFERENCE
You agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (a) take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure; (b) copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (other than content you have submitted to the Site) from the Site, any software code that is part of the Site, or any services that are offered on the Site without the prior express written permission of Lingoproz and the appropriate third party, as applicable; (c) interfere or attempt to interfere with the proper operation of the Site or any activities conducted on the Site; or (d) bypass any measures we may use to prevent or restrict access to the Site or any subparts of the Site.
You are responsible for creation, storage, and backup of your business records. The Terms and any registration for or subsequent use of this Site will not be construed as creating any responsibility on Lingoproz' part to store, backup, retain, or grant access to any information or data for any period.
The services provided by Lingoproz or any of our licensors or providers are provided "as is", as available, and without any warranties or conditions (express or implied, including the implied warranties of merchantability, accuracy, fitness for a particular purpose, title and non-infringement, arising by statute or otherwise in law or from a course of dealing or usage or trade). We make no representations or warranties, of any kind, either express or implied, as to the quality, identity or reliability of any third party, or as to the accuracy of the postings made on the website by any third party. Some jurisdictions do not allow limitations on how long an implied warranty lasts, so some of the above limitations may not apply to you.
EXCLUSION OF LIABILITY
Lingoproz will not be liable to any party for any damages of any kind including but not limited to direct, indirect, special or other consequential or incidental damages, lost profits, business interruption or otherwise, arising directly or indirectly from the use of this website or Lingoproz' services, even if such damages are foreseeable or Lingoproz is expressly advised of the possibility of such damages and regardless of the basis on which a claim for damages is made.
If you have a dispute with another user, you release Lingoproz (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.
You agree to defend, hold harmless and indemnify Lingoproz from and against any and all losses, costs, expenses, damages or other liabilities incurred by Lingoproz from and against any cost, liability, loss, damage, cause of action, claim, suit, proceeding, demand or action brought by a third party against Lingoproz: (a) in connection with your use of the Services including any payment obligations incurred through use of the Services; or (b) resulting from: (i) your use of the Site (ii) your decision to supply credit information via the Site, including personal financial information; (iii) your decision to submit postings and accept offers from other users; (iv) any breach of contract or other claims made by users with which you conducted business through the Site; (v) your breach of any provision of this Agreement; (vi) any liability arising from the tax treatment of payments or any portion thereof; (vii) any negligent or intentional wrongdoing by any user; (viii) any act or omission of yours with respect to the payment of fees to any Provider; (ix) your dispute of or failure to pay any invoice or any other payment; and/or (x) your obligations to a Provider. Any such indemnification shall be conditioned on our: (a) notifying you in writing of any such claim, demand, action, cost, liability, loss or threat of any thereof; (b) cooperating with you in the defence or settlement thereof; and (c) allowing you to control such defence or settlement. We shall be entitled to participate in such defence through our own counsel at our own cost and expense. We reserve the right to report any wrongdoing of which we become aware to the applicable government agencies or otherwise.
PASSWORD AND USE OF ACCOUNT
When a Provider registers an Account, the Provider will be asked to choose a Sign In name and password for the Account. You must safeguard and you are entirely responsible for maintaining the confidentiality of your password. You agree not to (1) use any Account, Sign In name, or password of another Provider of the Site that you are not authorised to use or (2) authorise others who are not authorised to do so to use the Account at any time. You agree to notify us immediately if you suspect any unauthorised use of the Account or access to your password. You are solely responsible for and we may rely on any use of the Site with your Sign In name and password as authorised by you.
Lingoproz offers free registration services to register a Provider Account, create and publish a Provider portfolio within the website. Furthermore, Lingoproz offers free services to Clients for submitting their enquiry. However, Lingoproz does charge Providers a transaction fee for each enquiry received, termed "Enquiry Fees" in the section below.
Lingoproz charges Providers a service fee based on the type of enquiry. Fees for enquiries to providers are stated on the Website. Providers shall only pay for received and serious enquiries. Lingoproz automatically collects your accumulated fees and charges your credit card or your default payment method. If your Account is set up to pay by credit card, bank account, you hereby authorise us to charge such credit card, bank account, for the appropriate fees and amounts stated. Lingoproz reserves the right to modify its usership programs at any time. You understand that the service fees are due within 14 days from the date of invoicing (or, if invoices have not been sent, from the date of acceptance) and accept that Lingoproz may, at its sole discretion, suspend your Account until overdue amounts are paid in full. The service fee is charged and user accounts are kept in South African Rand (ZAR). For technical reasons the sum of the invoice will be converted to Euros (EUR) at the up-to-date exchange rate as provided by Yahoo! Finance on the day the payment is made. This is necessary to permit processing by Paypal. Please note that the exchange rate used by the Provider's financial services provider may differ slightly (e.g. due to time delays or fees the bank or credit card company may apply) causing the amount indicated on the Provider's bank account or credit card statement to diverge slightly from the original invoice sum. By using the services offered by Lingoproz you agree to comply with the exchange rate calculated by the Website on any transaction you make with the Website. The Provider hereby confirms and agrees to allow deductions from their credit card or bank account registered with the website pursuant to the monthly invoice raised by the Site. You also agree to pay all fees applicable to your use of Lingoproz' Services, and you agree not to circumvent Lingoproz' fee structure. Lingoproz reserves the right to change the method of calculating the service fee at any time. However, Lingoproz will always apply changes to the service fee only to enquiries accepted after notification of the change.
REFUND FOR ERRONEOUS ENQUIRIES
Incomplete or dubious enquiries can be returned without problems, Providers will not be charged for these, simply notify Lingoproz by clicking the "Claim" button next to the enquiry in your user account. Alternatively, send us an email. Providers can claim a refund for enquiries which do not enable them to contact the client directly, i.e. the contact details (email address AND telephone number) are wrong or missing, and for identical enquiries that have been sent more than once (in such a case the fee applies only to one enquiry) within seven days after receipt of the enquiry by using the "Claim" link or emailing the enquiry to Lingoproz. Lingoproz will not charge Providers for accepted claims. Claims concerning enquiries in the previous month will be deducted from the invoice for the current month.
INTELLECTUAL PROPERTY - LICENSE AND SITE ACCESS
Subject to and conditioned on compliance with the Terms, Lingoproz grants you a limited license to access and, if you are a user, to use this Site internally for the purpose of ordering and receiving the Services available and authorised from this Site. You must not sell, reproduce, distribute, modify, display, publicly perform, prepare derivative works based on, repost or otherwise use any content of this Site in any way for any public or commercial purpose without prior written consent of Lingoproz or the rights holder. You must not use any content of this Site on any other Website or in a networked computer environment for any purpose except your own internal viewing. You will not attempt to reverse engineer or attempt to interfere with the operation of any part of this Site unless expressly permitted by law. This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold or otherwise exploited for any commercial purpose that is not expressly permitted by Lingoproz.
If a court of competent jurisdiction should hold any provision of these terms and conditions to be invalid, such invalidity shall not affect the validity of the remaining provisions which shall remain in full force and effect.
RESERVATION OF RIGHTS; LIMITED LICENSES
Lingoproz and its licensors retain all of its right, title and interest in and to all patent rights, inventions, copyrights, know-how and trade secrets relating to the Site. The Lingoproz logo and name are trademarks of Lingoproz, and may be registered in certain jurisdictions. All other product names, company names, marks, logos and symbols on the Site may be the trademarks of their respective owners. Except as expressly stated above, nothing in the Terms and Conditions confers any license under any of Lingoproz' or any third party's intellectual property rights, whether by estoppels, implication or otherwise.
If you have any questions, suggestions, reports of problems or complaints regarding any Lingoproz Services, your use of the Site, the conduct of or purchase, sale, delivery, or payment of or for Services by or from any user, please contact Customer Service at info [at] lingoproz.co.za or by using our contact form.
NOTICES AND COMMUNICATIONS
Unless you otherwise indicate in writing to Customer Services, Lingoproz will communicate with you by email or by posting communications on this Site. You consent to receive communications from us electronically and you agree that these electronic communications satisfy any legal requirement that such communications be in writing. You will be considered to have received a communication when Lingoproz sends it to the email address you have provided to Lingoproz on this Site, or when Lingoproz posts such communication on this Site. You must keep your email address updated on this Site, and you must regularly check this Site for postings. If you fail to respond to an email message from Lingoproz regarding violation, dispute or complaint within two business days, Lingoproz will have the right to terminate or suspend your enquiries and your Account. All notices to Lingoproz intended to have a legal effect concerning this Agreement must be in writing and delivered either in person or by a means evidenced by a delivery receipt, to the following address: Lingoproz Ltd., Suite 5 & 6, First Floor, Trinity House, Huteau Lane, Victoria, Mahé, Seychelles. Such notices to Lingoproz are deemed effective upon receipt.
RESOLUTION OF DISPUTES BETWEEN USERS AND LINGOPROZ
If a dispute arises between you and Lingoproz, our goal is to resolve such dispute quickly and cost effectively. Accordingly, you and Lingoproz agree that we will resolve any claim or controversy at law or equity that arises between us out of this Agreement or the Lingoproz Services (a "Claim") in accordance with the law. However, before resorting to these alternatives, you agree to first contact us directly to seek dispute assistance by going to Customer Service.
LAW AND FORUM FOR DISPUTES
The Terms and Conditions are governed in all respects by the laws of the Republic of Seychelles without giving effect to any principle that may provide for the application of the law of another jurisdiction. You agree that any claim or dispute you may have against Lingoproz must be resolved by a court located in the Republic of Seychelles. You hereby submit to the personal jurisdiction of the courts located within the Republic of Seychelles for the purpose of litigating all such claims or disputes. Any cause of action you may have with respect to this Site must be commenced within 30 days after it arises, or the cause of action is barred.
DISPUTE RESOLUTION PROCESS - HOW TO AVOID DISPUTES
Disputes often arise due to miscommunication and can often be resolved amicably between the parties. Lingoproz recommends the following steps to avoid disputes:
- Post Enquiries with clear scope, well-defined deliverables and required time frames.
- Answer clarifying questions from Providers on the enquiry.
- Evaluate multiple proposals against criteria important to you, such as a Provider's work experience, education,
portfolio, certifications, references, feedback from prior Clients, location, communication style and cost.
- Accept a proposal for a job only when it has a clear statement of work, well-defined deliverables and
milestones, precise time frames and payment terms.
- Ask for full contact information, for example email, telephone, and address information, of the other party once
a proposal has been selected.
- Ask for the Provider's office hours and standard response times.
- Be clear about your expectations and check in frequently with the other party. Do not leave anything to
- Document any changes to scope, timing or payment in writing.
- Send/receive payment in instalments as key milestones are met. Have both parties sign off on the milestones in
writing so that a record is maintained.
TERMINATION AND SUSPENSION
This Agreement shall become effective upon your acceptance or your use of the Site, and shall continue until terminated by Lingoproz or you as provided for under the terms of this section.
Unless otherwise agreed to in writing between the parties, either party may terminate the Agreement at any time upon notice to the other party. In such event, (i) Lingoproz shall continue to perform those Lingoproz Services necessary to complete any open transaction between you and another user; and (ii) you shall continue to be obligated to pay Lingoproz and any Providers for any Services for which you have hired such Providers in order to complete any such transactions.
Without limiting Lingoproz' other remedies, we may issue a warning, temporarily suspend, indefinitely suspend or terminate your Account or an Enquiry, and refuse to provide any or all Services to you if: (a) you breach any terms and conditions of the Terms and Conditions or the linked information incorporated herein by reference; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe in our sole discretion that your actions may cause legal liability for you, our users or for Lingoproz or are contrary to the interests of the Site or the Lingoproz user community. Once temporarily suspended, indefinitely suspended or terminated, you may not continue to use the Site under the same Account, a different Account or reregister under a new Account. Without limiting Lingoproz' other remedies, to the extent you engage in actions or activities which circumvent the Lingoproz Site or otherwise reduce fees owed Lingoproz under the Terms of Service, you will pay Lingoproz for all fees owed to Lingoproz and reimburse Lingoproz for all losses and costs (including any and all Lingoproz employee time) and reasonable expenses (including attorney fees) related to investigating such breach and collecting such fees. When your usership is terminated, you may no longer have access to data, messages, files and other material you keep on the Site. The material may be deleted. The provisions entitled "Warranty Disclaimer", "Exclusion of Liability", "Release", "Indemnity", "Intellectual Property", "Notices and Communications", "Resolution of Disputes between Users and Lingoproz", and "General" will survive termination of this Agreement.
NOTIFICATION OF LINGOPROZ USERS
You acknowledge and agree that the value, reputation and goodwill of the Site depend on transparency of user Account status to all users, including both yourself and other users who are participating in Enquiries with you. You therefore agree as follows: in the event Lingoproz suspends or terminates your registration, Lingoproz will have the right but not the obligation to (1) notify other users engaged in active enquiries with you to inform them of your suspended or terminated registration status and (2) provide them with summary reasons for the action.
Lingoproz, registered in Victoria, the Republic of Seychelles, is the provider of the electronic commercial service on this Site. Users are notified, via this Site, in advance regarding any applicable service changes.
You are responsible for compliance with applicable local laws, keeping in mind that access to the contents of this Site may not be legal for or by certain persons or in certain countries. Lingoproz will not be considered to have modified or waived any of our rights or remedies under the Terms and Conditions unless the modification or waiver is in writing and signed by an authorised representative of Lingoproz. No delay or omission by Lingoproz in exercising its rights or remedies will impair its rights or be construed as a waiver. Any single or partial exercise of a right or remedy will not preclude further exercise of any other right or remedy. If any part of the Terms and Conditions is held to be unenforceable, the unenforceable part will be given effect to the greatest extent possible and the remainder will remain in full force and effect. You will not transfer, assign or delegate your rights or obligations (including your Account) under the Terms and Conditions to anyone without the express written permission of Lingoproz, and any attempt to do so will be null and void. Lingoproz may assign this Agreement in its discretion. Except for the payment of transaction fees to Lingoproz, neither of the parties to this Agreement shall be responsible for the failure to perform or any delay in performance of any obligation hereunder due to labour disturbances, accidents, fires, floods, telecommunications or Internet failures, strikes, wars, riots, rebellions, blockades, acts of government, governmental requirements and regulations or restrictions imposed by law or any other similar conditions beyond the reasonable control of such party. The time for performance of such party shall be extended by the period of such delay. The boldface paragraph headings in the Terms and Conditions are included for ease of reference only and have no binding effect. The Terms and Conditions and all documents referenced in the Terms and Conditions comprise the entire agreement between you and Lingoproz with respect to the use of this Site and supersede all prior agreements between the parties regarding the subject matter contained herein as well as any conflicting or inconsistent terms in any Website that link to or are linked from this Site.
RATING AND FEEDBACK SYSTEM
You acknowledge and agree that the Site will contain public feedback from users with whom you have transacted. You acknowledge that feedback results for you may consist of comments and ratings left by other users and that Lingoproz may calculate a composite feedback number based on these individual ratings. Providers agree to be rated by Clients along several criteria, as determined by Lingoproz. Lingoproz provides its feedback and rating system as a means through which users can express their opinions publicly, and Lingoproz does not monitor or censor these opinions or investigate any remarks posted by users for accuracy or reliability unless a user brings the posting to Lingoproz' attention. You may be held legally responsible for damages suffered by other Lingoproz users or third parties as a result of these remarks if a court finds that these remarks are legally actionable or defamatory. Lingoproz is not legally responsible for any feedback or comments posted or made available on this Site by any users or third parties, even if that information is defamatory or otherwise legally actionable. You agree to report violations or abuses of our rating and feedback system immediately by contacting Customer Service, and agree not to take any actions that undermine the integrity of the feedback system, including but not limited to the following:
- Leaving fake feedback for yourself or another user such as using a secondary user name or other Lingoproz users
to artificially raise the level of your own feedback or create negative feedback for another user.
- Feedback threats such as demanding another user to perform a task by threatening to leave negative feedback
or withholding deliverables or funds until another user agrees to leave positive feedback or no feedback.
- Feedback solicitation such as offering to sell or buy Services in exchange for good feedback, trading feedback
undeservedly or buying feedback.
In order to protect the integrity of the feedback system and protect users from abuse, Lingoproz will consider removing feedback under the following scenarios:
- Feedback or information posted seeks to elicit or solicit any user's contact information, such as
- other users' email addresses, for any non-Lingoproz related commercial or business purposes, or to transmit any
unsolicited advertising, "junk mail", "spam", or "chain letters".
- Feedback or information posted contains language that is profane, vulgar, and racist or contains adult
material. Insulting or inflammatory feedback is strongly discouraged but will not be removed.
- Feedback or information posted is shown to have been left by any user who is in violation of Lingoproz' Eligibility
requirements, or by or for a user who has conducted any fraudulent transaction.
- Feedback or information posted is not directly related to transactions conducted through Lingoproz.
- Feedback or information posted makes any reference to actions taken or purported to be taken by Lingoproz or
any law enforcement organization.
- When Lingoproz is provided with a ruling or settlement agreement from a valid and certified dispute resolution
service, or is provided with a court order finding that the disputed feedback is slanderous, libellous, defamatory
or otherwise illegal.
- The user who left feedback provided Lingoproz with false contact information during the transaction period (as
verified by Lingoproz) and cannot be contacted by Lingoproz.
- The user who left feedback is participating in an Lingoproz transaction with the intent of leaving feedback as
part of a campaign to harass Lingoproz user(s) (as verified by Lingoproz).
- Negative feedback that was intended for another user only when the user responsible for the mistaken feedback
contacts Lingoproz and places the same feedback for the appropriate user. This does not apply to feedback
that was mistakenly marked negative instead of positive or vice versa, in which case the user can contact
Customer Service to file a feedback review request.
If you wish to provide Services through Lingoproz, you must complete the Provider registration process. You agree to provide true, accurate, complete information and to update such information to maintain its truthfulness, accuracy and completeness. Lingoproz considers true and accurate location only the primary place from which your Services are rendered. Misleading information about your location, including, but not limited to, using a satellite location in another country, is not allowed on Lingoproz. At the beginning of your usership application, and from time to time thereafter, your Account may be subject to verification as well as editorial and feedback reviews. Lingoproz can suspend or terminate your Account upon the discovery that any information you provided or posted is not complete or accurate, or as a result of other violations of the Terms of Service.
PERIOD OF EXCLUSIVITY
If you are a Client, you agree that for a period of one year after acceptance of a proposal, if you post, solicit, or purchase any Services from the same Provider, you will do so exclusively on the Site, whether such Services are the same job, a follow-up job, or new unrelated services. If you are a Provider, you agree that for a period of one year after acceptance of a proposal, if you propose or provide any Services to the same Client, you will do so exclusively on the Site, whether such services are the same job, a follow-up job, or new unrelated services.
ENFORCEMENT OF TERMS AND CONDITIONS
We may suspend or cancel your Account if we believe that you have violated or acted inconsistently with the letter or spirit of the Terms, or violated our rights or those of another party. Without limiting Lingoproz' other remedies, we will suspend or terminate your user Account and refuse to provide any Services to you if: (a) you breach any terms and conditions of the Terms and Conditions and the other written policies and procedures posted on the Site; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause legal liability for you, our users or for Lingoproz. Once suspended or terminated, you may not continue to use the Lingoproz service under a different Account or re-register under a new Account. In addition, violations of the Terms and Conditions may be prosecuted to the fullest extent of the law and may result in additional penalties and sanctions. If a user engages in actions or activities which circumvent the Site or otherwise reduces service fees owed Lingoproz under the Terms, that user will be liable to Lingoproz for the service fees due, and may be subject to additional sanctions including, but not limited to, suspension or termination of Lingoproz usership. Lingoproz reserves the right to terminate any user or Enquiry for any reason, at its sole discretion and to refuse to provide registration and usership to you in the future. We will notify you if we cancel your usership, unless in our judgment giving notice would cause a risk of further violation or damages. However, we will notify you that your Account will be cancelled if the law requires such notification. When your usership is cancelled, you may no longer have access to data, messages, files and other material you keep on the Site.
USER REGISTRATION CANCELLATION INSTRUCTIONS
Should you ever wish to be removed from our database, simply access your user account and close your account by clicking on the relevant link. Alternatively, contact us and we will fulfil your request. Cancellation requests must be sent to info [at] lingoproz.co.za. Lingoproz will send you an email confirmation once your registration has been cancelled. You are free to cancel your Lingoproz account at any time.
REMOVAL OF INFORMATION
We reserve the right at our sole discretion, and without being required to give any explanation, to remove any information which you have supplied to this Site at any time and for any reason.
PROTECTION OF INFORMATION
We will process and hold any information you provide when using this Site in accordance with all relevant data protection legislation laws.
RIGHTS IN THE SITE CONTENTS
All material on this Site is protected through international copyright, trademark and software. You may only use this Site in a manner which will not infringe these rights. Copying of material from this site is allowed only for personal use and not for any commercial use whatsoever.
Lingoproz may periodically enhance and augment the current level of service by sending out greetings, mailers, updates, releases and newsletters to registered users about new and additional features, and provide usable and beneficial information. Unless otherwise explicitly stated, all such releases shall be subject to all provisions of Terms and Conditions stated here.
SERVER DOWNTIME POLICY
While Lingoproz attempts to maintain its server up 100% of the time, we reserve the right to schedule routine maintenance on our servers, as well as routine upgrades. Maintenance may affect the availability of service for short periods of time. We disclaim liability for server downtime as set forth above.
CONTACTING CUSTOMER SERVICE
If you wish to report a violation of Site Policies, have any questions or need assistance, please contact Lingoproz Customer Service using the contact form on the Website or send an email to info [at] lingoproz.co.za.