Terms and Conditions – Buyers

This page together with the documents referred to on it (the “Agreement”) governs the relationship between you and Netvoices Limited (Company number 10037V) with registered office address at 11 Hope Street, Douglas, IM1 1AQ, trading as 3waytalk, (“us” or “3waytalk”) and sets out the terms of use of the App.

You should read these terms and conditions carefully before using the App. If you do not agree to these terms and conditions please do not use the App. By using the App you indicate that you accept these terms and conditions and that you agree to abide by them. This Agreement forms a legally binding contract between you and 3waytalk.

 

Definitions:

In these terms and conditions the following words have the following meanings:

App the 3waytalk app which provides a marketplace for Interpreters and Buyers and transaction payment facilities

Buyer or You means the purchasers of Interpretation Services

Complaints Procedure means the procedure by which Buyers may raise complaints as to the Interpretation Services, as more particularly set out in Complaints Procedure.

Interpretation Services means the services provided by Interpreters to Buyers via the App relating to audio interpretation

Interpreter means the interpreters who register with 3waytalk and provide Interpretation Services to Buyer

Minimum Contract Terms has the meaning given in clause 4

Website means our website at www.3waytalk.com or such other website through which the 3waytalk services are provided from time to time

 

AGREED TERMS

  1. In consideration of 3waytalk allowing you to access interpreting services for a variety of different languages through the App 3waytalk, you agree to comply with this Agreement.

 

Your Responsibilities

  1. Before you can purchase Interpretation Services from you must download the App. You can then select the to and from languages that you require and we will endeavour to connect you to an interpreter with the relevant language. You acknowledge that 3waytalk is providing a customised service to you at your request and there is no right to cancel.

  1. We require Interpreters using 3waytalk to pass language tests from time to time, however we are not responsible or liable for any acts or omissions of any interpreters providing interpretation Services. You hereby accept the following terms with the interpreter who will be providing the service to you.

    1. The Interpreter agrees to provide the Interpretation Services with reasonable care and skill;

    2. The Buyer will pay for the total time for which Interpretation Services have been supplied provided that the Interpreter shall not charge the Buyer for the first fifteen seconds of any call in order to establish that a proper connection has been made and that the language pairing is correct;

    3. The Interpreter’s liability is limited in all circumstances to the sums paid for the Interpretation Services to which the liability relates;

    4. In the event of any technical difficulties resulting in a dropped connection the Interpreter shall remain available for not less than three minutes to allow the Buyer to attempt to reconvene the call after which the Interpreter may be unavailable without liability to the Buyer; and

    5. In the event that you have any complaints relating to the Interpretation Services provided then you must follow the Complaints Procedure.

  1. You warrant and represent that all factual information that you provide to us is correct;

  1. You must not use or permit anyone else to use your 3waytalk account fraudulently, or in connection with a criminal offence, in breach of any applicable law or statutory duty.

  1. You must protect your account sign in details at all times. If you lose control of your account, you must notify us immediately. You will be responsible and liable for all activity carried out under your account details regardless of whether this is carried out by you or any third party.

  1. When you provide personal data directly to Interpreters or such information is otherwise divulged pursuant to the Interpretation Services, you acknowledge and accept that the Interpreter may be based outside of the European Economic Area (EEA) or a country with a finding of adequacy in relation to data protection and you consent to the processing of that personal data by the Interpreter outside of the EEA.

 

  1. You acknowledge and accept that we process personal data relating to you in accordance with our Privacy Policy.

  2. You are responsible for providing your own connectivity at your own cost and expense.

Charges and payment

  1. Interpretation Services are charged on a “per minute” basis. Interpreters set the cost of the Interpretation Services that they provide at their discretion.

  1. Prior to receiving the Interpretation Services you must deposit a credit on your account. Once the Interpretation Services have been delivered the credit on your account will be reduced by the cost of the Interpretation Services provided, which includes:

    1. the price for the Interpretation service;

    2. any applicable taxes; and

    3. the cost of connecting a third party.

The price per minute displayed at the beginning of the Interpretation Services will include all the above, except for the cost of connecting a third party. The cost of connecting a third party to the call will be shown separately and recharged at cost. These services are provided on a customised basis at your request and there is no right to cancel.

  1. Interpreters will provide the first 15 seconds of every call free of charge to try to ensure that the connection between you and the Interpreter has been established and the correct language pair has been selected.

  1. You acknowledge and accept that we record all calls made between you and Interpreters in connection with the Interpretation Services and that we will keep these records for three months for quality control and our lawful business purposes. In the event that you have any complaint about the quality of the Interpretation Services provided then you must follow our Complaints Procedure. Following any complaint the relevant recording will be forwarded to a panel of three independent interpreters who will listen to the recording and consider the complaint and make a decision. Their decision will be final. If the majority of the independent interpreters consider that the complaint is reasonable and should be upheld then we will make a full refund of the call in question to your account. If the majority of the independent interpreters do not agree with your complaint then you will be notified and you will not be entitled to any refund.

Intellectual Property

  1. We are the owner or the licensee of all intellectual property rights in the App, and any material contained within it.

  1. You must not use any part of the materials contained within the App for commercial purposes without our prior written approval or that of our licensors.

Liability

  1. You acknowledge and accept that we have no liability, whether arising in contract, tort (including negligence) or otherwise, for Interpretation services save as expressly set out in this Agreement.

  1. Although we use techniques that aim to verify the accuracy and truth of the information provided by Interpreters, verification on the internet is difficult. 3waytalk cannot and does not confirm, and is not responsible for ensuring, the accuracy or truthfulness of Interpreters’ purported identities or the validity of the information that they provide to us.

  1. Subject to clause 20 below, we shall have no liability for any loss of profits, anticipated savings, business opportunity, goodwill or loss of or damage to (including corruption) data (whether direct or indirect) or any other indirect or consequential losses whether arising in contract, tort (including negligence) or otherwise incurred by any Buyer in connection with the App or in connection with the use, inability to use, or results of the use of the App.

  1. Subject to clause 20 below, our liability to you or to any third party in connection with the App is limited to the greater of (a) the price charged by you in connection with the Interpretation Services to which the liability relates, (b) the amount of fees in dispute not to exceed the total which you paid to us in the 3 months prior to the action giving rise to the liability, or (c) $50.

  1. Nothing in this Agreement shall limit or exclude our liability for fraud, fraudulent misrepresentation, for death or personal injury resulting from our negligence or the negligence of our agents or employees or for any other liability that cannot be limited or excluded by law.

Termination

  1. You may terminate your account at any time by ceasing to use the App.

  1. We may terminate or suspend your account at any time in the event that you are in breach of any of the terms of this Agreement or at any time on giving you notice to the email address that you provided when registering with us. We reserve the right to withdraw or amend the service that we provide via the App without notice. We may also suspend access to the App or withdraw it indefinitely at any time.

  1. We will not be liable if for any reason the App is unavailable at any time or for any period.

Relationship of the parties

  1. Nothing in this Agreement is to be construed as establishing or implying any partnership or joint venture between the parties nor as appointing any part to be an agent or employee of the other and neither party shall hold itself out as such.

Third Parties

  1. A person who is not a party to this Agreement shall have no rights under it as a third party beneficiary.

Variations

  1. We reserve the right to change our terms and conditions from time to time. We will notify you of any changes to these terms by posting them on the Website.

Law and Jurisdiction

  1. This Agreement is governed by and shall be construed in accordance with the laws of the Isle of Man and the parties submit to the jurisdiction of the courts of the Isle of Man.