Terms of Service Agreement
1. Description of service
Golden provides translation, editing and review services for clients exclusively through its website: www.goldenenglishediting.com.
2. General conditions of service
You and Golden Services Limited (“Golden,” “we,” “us” and “our”) agree that your access to and use of the website located at www.goldenenglishediting.com(the “Site”) and the translation, editing and review services offered via the Site by Golden (the “Services”)are subject to your Agreement to these Terms of Service, which will become a binding Agreement between you and Golden (the “Agreement”). Golden will grant you access to the Site and the Services only upon the condition that you accept all of the terms of this Agreement. Please read these terms carefully. If you agree to the terms after reading them, please indicate your decision by clicking on “I agree” at the end of this Agreement. If you do not agree, you will be unable to place an order via the website.
To receive the Services, you must pay the applicable fee in advance unless Golden agrees that you may make the payment under another payment plan. Golden may increase its fees at any time.
You must complete the registration form in order to use the Services. You agree that all information provided by you in connection with the registration and sign-up process (“Registration Information”) is true, accurate, complete and current, and that you will promptly update your Registration Information as necessary to ensure that it is, at all times, true, accurate, complete and current. As part of the registration process, you will create a username and password for your Golden account. You are responsible for preserving the security of your account, passwords and files, and for all manner of use of your account and of the Services in your name. Golden reserves the right to deny registration of, or to cancel, accounts at any time and for any reason, as deemed appropriate by Golden. Upon termination of your registration as a “user,” you will cease to have access to the Site or the Services offered through the Site. Golden also reserves the right to modify, suspend or discontinue the Servicesat any time with or without notice and without any liability to you.
All information presented on the Site (“Content”) is for informational purposes only and does not establisha business or professional service relationship between Golden and you. Only when you place a request for Services through the Site and the requestis accepted in writing by Golden may a service relationship be established.
Golden reserves the right to reject or cancel any order from any user of the Site for any one of, but not limited to, the following reasons:
(a) The English language provided in the document(s) for English editing is deemed by Golden’s contractors, suppliers, employees, directors or editors as having insufficient clarity to allow the editor to reasonably determine the author’s intended meaning for more than 10% of the entire text of the document(s);
(b) The English language appears to be written by a machine or translation tool;
(c) The Content of the document(s) uploaded to the site is deemed by Golden as breaching these Terms and Conditions in any way; or
(d) Golden employees maintain that due to operational limitations, the Service could not be provided according to these Terms and Conditions or according to the order as specified by the user on the Site.
Golden will make the completed work(s) available for download via the user’s registered account on the Site and will attempt to email the document(s) to the user’s email address given by the user at the time of registration and creation of the user account. Golden will not be responsible for any delays, loss or damages resulting from situations in whichthe user is unable to download the document(s) from the Site, or encounters problems with receiving, opening or downloading such document(s)from the email address.
After delivery of the edited document(s) to the user via the Site, the order will be considered as fulfilled and Golden will be under no obligation to perform further work on the document(s), whether minor or major, regardless of the outcomes of any reviews by third parties, including colleagues, journal editors, journal reviewers and conference organizers.
After delivery of the edited document(s) to the user via the Site, if the user requires further editing work, re-editing of already edited text, checking of specific edits or answers to queries in respect to the same or other document(s), the user should place a fresh order. Golden has no obligation to fulfil any such request as a part of the original order.
After delivery of the edited document(s) to the user via the Site, if the user notifies Golden via the Site within 7 days that he or she believes that not all of the billed text has received editing, Golden will conduct an inspection, and if Golden agrees that portions of the billed text have been excluded from editing, Golden will edit those portions in a timely mannerand for no additional fee.
Golden reserves the right to undertake all necessary steps to ensure that the security, safety and integrity of Golden’s systems, as well as its users’ interests, are and remain, wellprotected. To this end, Golden may take various steps to verify and confirm the authenticity, enforceability and validity of the ordersof Services placed by you.
3. Disclaimer of warranties
Without limiting the generality of the aforementioned, you acknowledge and agree that Golden does not review the substance of Document(s) submitted.
Other than those expressly stated in these Terms and Conditions, Golden makes no specific promises about the accuracy or correctness of the English resulting from the Services provided by Golden on the Document(s). The Services are provided “AS IS”.
You agree to indemnify and hold Golden and its agents and employees from and against any loss, liability, claim or demand, including attorneys’ fees, arising out of any claim, action, investigation or proceeding instituted or implemented by any third party due to or arising out of:
(a) your breach of any representations or warranties made by you hereunder or your breach of any term of this Agreement;
(b) your use of the Services or the Site in violation of this Agreement; or
(c) your violation of any law or the rights of a third party.
You hereby agree not to sue, assist in or be a voluntary party to any action, suit or proceeding against Golden for any claims, actions, suits, damages, liability, losses or expenses of whatever kind or however arising out of or relating to your use of the Site or the Services, except as obligatedby law.
While Golden shall exert reasonable efforts to present reliable Content through this Site, Golden does not guarantee that this Site will be free of inaccuracies, errors and/or omissions. Golden reserves the right to modify the Content presented on this Site at any time, without notice to you.
In no event shall Golden or its agents or employees be liable for any direct, indirect, punitive, incidental, special or consequential damages, or for any lost profits or revenues, business interruption, loss of data or any other damages resulting from:
(a) use of the Site, inability to use the Site or reliance on any Content presented on this Site;
(b) unauthorized access to or alteration of the user's data transmissions;
(c) any delay in the use of, or inability to use, the Site or related Services provided on the Site;
(d) unavailability of the Site during periodic maintenance operations or any unplanned suspension of access to the Site that may occur due to technical reasons or for any reason beyond Golden’s control;
(e) any interruption or delay in the provision of any Services or access to this Site, due to any force majeure event beyond Golden’s reasonable control, including but not limited to acts of God, floods, fires, blockades, riots, embargoes, government actions, regulatory sanctions, power outages, unavailability or non-functionalityof payment gateway services, disruption of communication services in any country or area, etc.; or
(f) any other matter relating to the Site or the Services available on the Site, or otherwise arising from the use of the Site, whether based on contract, tort, negligence, strict liability or otherwise.
The Site may include links to other websites ("Embedded Sites"). The Embedded Sites are not within Golden’s control, and Golden is not responsible for the contents of any Embedded Site, including but not limited to any link contained in an Embedded Site, or any changes or updates to an Embedded Site. Golden is not responsible for any form of transmission, whatsoever, received by you from any Embedded Site. Golden provides these links or allows users to provide you with these links only as a convenience, and the inclusion of any link does not signifyendorsement by Golden of the Embedded Sites or of any information contained in the Embedded Site, or any association with the operators or owners of the Embedded Site.
You hereby expressly acknowledge that internet transmissions are never completely private or secure. You understand that any message or information transmitted by you to Golden or posted on the Site may be read or intercepted by others unless Golden has specified in a notice that a particular message (for example, credit card information) will be encrypted (sent in code). Golden hereby expressly clarifies that it does not bear any additional responsibility towards you due toyour transmission of a message to Golden.
To dispel doubt, Golden hereby expressly clarifies that except otherwise expressed in these Terms of Service, it makes no representations, guarantees or warranties, written or oral, expressed or implied, to the user or to any other person or entity regarding the Services, the Content on the Site or any hardware or software.
In no event shallGolden be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including damages for any lost profits or lost data arising from your use of the Site or the Services, even if Golden is aware or has been notifiedof the possibility of such damages. To the full extent permitted by law, Golden disclaims any warranties for the Services received through or advertised on the Site. Notwithstanding anything to the contrary contained herein, Golden’s liability to you for any cause whatsoever, and regardless of the form of the action, shallat all times be limited to the lesser of: (a) the amount paid, if any, by you to Golden for the Services; and (b) ten dollars ($10).
In the case of overpayment, Golden will offer a credit to your Golden account, which may not be redeemed for cash. Instead, the Golden credit can be used to pay for future orders under that account.
6. Credits, holds and offsets
If Golden receives any claim or threat of a claim related to your use of the Services, we may put a “hold” on any account that you may have with us, including any monies held on your behalf. Furthermore, to the extent that you owe us any amount as a resultof your use of the Services or our settlement of any claim made against you, we may, atour sole discretion, deduct all or a portion of such amounts from any amount held by us in your account. Any such deduction will not exempt you from any obligation to pay the remainder of any amount due from you to us.
7. Use of the Site
You hereby agree not to use the contact information provided on the Site for any unauthorized purposes, including but not limited to marketing. You shall not use any hardware or software intended to damage or interfere with the proper functionalityof the Site or to intercept surreptitiously any system, data, personal information or Content on the Site. You agree not to interrupt or attempt to interrupt the operation of the Site in any manner whatsoever.
You agree and undertake to use the Site strictly in accordance with the terms and conditions established in this Agreement. Without limiting the aforementioned, you agree and undertake that when using the Site, you will not, inter alia:
(a) host, display, modify, transmit, update, publish, post, upload, distribute, disseminate or share (collectively “Post”) any information thatis knowingly false and/or defamatory, grossly harmful, harassing, blasphemous, inaccurate, abusive, obscene, pornographic, paedophilic, libellous, indecent, vulgar, sexually-oriented, hateful, racially or ethnically objectionable, threatening, profane, lewd, seditious, invasive of a person's privacy, disparaging, relating toor encouraging money laundering or gambling, illegal, harmful, derogatory or unlawful,thatviolates any law in force or adversely affects Golden’s reputation or goodwill, or thatis otherwise unlawful in any manner;
(b) stalk, or otherwise violate the legal rights of other users;
(c) Post files that contain viruses, Trojan horses, worms, keystroke loggers, spyware, adware, corrupted files or any other computer code, files or programs designed to interrupt, destroy, harm or limit the functionality of the Site or another user's computer, computer system/ network/ database or user’s data or software;
(d) download any file Posted by another user that you know, or reasonably should know, cannot be legally disclosed or distributed in such a manner;
(e) Post any information that deceives or misleads the addressee about the origin of such messages or impersonates another person or communicates any information thatis grossly offensive or menacing in nature;
(f) Use this Site in a way that breaches any applicable local, national or international law or regulation. In addition, you shall be solely responsible for complying with the laws of the country within which you are using this Site.You agree that you will not access or use the information on this Site in violation of such laws;
(g) use this Site in a way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect; or
(h) transmit, or procure the sending of, any unsolicited or unauthorized advertising, promotional material, any other similar form of solicitation (spam) or any material that you are not authorized to use, disclose, distribute or share.
You further attest that to your knowledge, no action, suit, proceeding or investigation has been instituted, claimed or threatened relating to any user content, including trademark, trade name service mark and copyright formerly or currently used by you in connection with the user content.
The Services provided by Golden are available only to persons with the capacity to enter intolegally binding contracts under the applicable law. Without limiting the aforementioned, an individual under the age of 18 is not permitted to use the Services.
This Agreement sets forth the entire Agreement between you and Golden pertaining to your use of the Site and the Services. We reserve the right, at our sole discretion, to change, modify, add to or delete portions of this Agreement at any time without further notice. In such cases, we will post the alterationsto this Agreement on this page and indicate at the top of this page the new effective date (i.e., the LAST UPDATED date). Your continued use of the Services or the Site after any such changes constitutes your acceptance of the revised Agreement.
If any provision of this Agreement is held invalid or unenforceable, it shall be revised to the extent necessary to correctitsinvalidity or unenforceability, and the remainder of this Agreement shall continue in full force and effect. Golden’s failure to exercise any right or provision of this Agreement shall not constitute a waiver of such right or provision.
8. Your intellectual property rights
Golden and its employees make no claims on any work given to us for translation, editing or review. Any documents, content, material, works or other intellectual property submitted by you (collectively, “Documents”) will remain your intellectual property. Golden Editors waive their claim to any intellectual property and Documents submitted through the Site. You attest and maintain that:
(a) You have obtained all necessary third-party rights, including but not limited to copyrights, for any Documents or portions thereof that belong to third parties, which are necessary for Golden to conductServices in connection with the Documents;
(b) The Documents will not contain any infringing, illegal, sexually explicit, threatening, abusive, harassing, defamatory or otherwise objectionable material, including but not limited to any material that could cause or lead to any liability to Golden or adversely affect the Golden public image, reputation or goodwill;
(c) The Documents do not include any infringing, misappropriated or plagiarized content to which you do not have the right of use. It is your responsibility to determine if it is necessary for you to obtain, and then to obtain, any licenses required for the use of third-party content that is part of the Documents. You will be responsible for making backup and archival copies of your Documents. In no event shallGolden be responsible to you or any other person for any loss, corruption or alteration of the Documents.
9. Our intellectual property rights
You acknowledge that Golden owns all rights, title and interest in and to the Site and the Services (the “Golden Rights”), and such Golden Rights are protected by Hong Kong and international intellectual property laws. You also agree that you will not use any robot, spider, other automated device or manual process to monitor or duplicate any content from the Site.
The Content presented on this Site (including but not limited to text, design, software, graphics, audio, video, HTML code and data) is protected by copyright law, trademark law and other applicable intellectual property laws and is the exclusive property of Golden. You agree to follow all instructions on this Site limiting the way you may use the Content.
The Content may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way whatsoever, without the prior written consent of Golden. You may use the Content for your limited personal and non-commercial purposes in accordance with the applicable law governing intellectual property rights. You may download and print one copy of any Content expressly specified as available for download solely for your personal, non-commercial use,provided however, that you hereby agree not to changethe Content so downloaded, in any way whatsoever, and that you shall not alter any copyright, trademark and other proprietary notices or symbols attached/ affixed to such Content. Golden expressly prohibits any other use or modification of the Content without Golden’s prior written authorization.
Trademarks, logos and service marks displayed on this Site are the sole and exclusive property of Goldenor its affiliates, irrespective of their registration or lack thereof in the names of Goldenor its affiliates. Nothing contained in this Site shall be construed as conferring any license or right to any intellectual property, any other proprietary interest of Golden or any third party.
10. Notification of changes
Golden reserves the right to modify or amend these Terms of Service at any time by notifying you of such changes. The changes will only affect your use of the Services after the effective date of the change unless we have clearly expressed otherwise. Your use of the Services after Golden provides you with notice of such changes shall be accepted as constituting your approval of such changes.
11. Customer communications
12. Breach of terms and conditions
1Golden shall determine, at its sole discretion, whether there has been a breach of these Terms and Conditions through your use of the Site. When a breach occurs, Golden may take any such action that it deems appropriate, including but not limited to the following:
(a) Withdrawal of your right to use the Site. Such a withdrawal may be immediate, temporary or permanent;
(b) Issuance of a warning to you;
(c) Initiation of legal proceedings against you for reimbursement of all resulting costs and expenses suffered by Golden on an indemnity basis (including but not limited to reasonable administrative and legal costs);
(d) To the extent that is reasonably necessary,disclosure of such information to law enforcement authorities.
Golden hereby expressly disclaims all liability for any of its actions taken in response to sucha breach.
13. Governing law
These terms and conditions are governed by and shall be construed in accordance with the laws of Hong Kong, and any dispute shall be subject to the exclusive jurisdiction of the appropriate Courts situated in Hong Kong.
For the purposes of these Terms and Conditions, “Personal Information” shall signifyany information that can be linked to a specific individual, including but not limited to information such as name, address, telephone number, e-mail address and credit card details or other financial information which, either directly or indirectly, in combination with other information available or likely to be available, may enable the identification of such individual.
As a part of the registration process, we may need to obtain certain Personal Information from you. Personal Information is collected only upon your voluntary provision of this information. The main purpose of collecting such Personal Information is to process a service or partnership request made by you. When you submit such Personal Information to us, you attestthat you have the lawful right to submit the Personal Information and that such Personal Information is true, complete and accurate. You may not use a false email address or other identifying information to impersonate any person or entity, or otherwise mislead us in regards to the origin of any content.
You acknowledge that the Personal Information provided by you may be copied, used and stored by the relevant Golden contractors, suppliers, employees and directors in accordance with Hong Kong data privacy laws but may not be disclosed to third parties who are not involved in processing your request. However, Golden reserves the right to retain Personal Information solely to resolve potential disputes and to disclose the Personal Information (i) as mandated by law; (ii) in connection with a court action brought by a third party against Golden or any of its contractors, suppliers, employees, directors or service providers; or (iii) in the good-faith conviction that such action is necessary to protect and defend the rights, property or safety of Golden, its users or the public.
You expressly acknowledge and hereby agree that Golden may be required to intercept, disclose, monitor and/or store your Personal Information : (a) by law; (b) to manage the Site effectively; (c) to maintain the security of the systems of the Site; or (d) to enforce Golden’srights, and that Goldenshalldo so in the manner prescribed by law. You hereby agree that such interception, disclosure, monitoring and/or storage may occur without your knowledge and that Goldenwill not be liable to you or any third party for any damages howsoever arising from such interception, disclosure, monitoring and/or storage.
To safeguard the security and integrity of the Site, Goldenmay monitor your Personal Information. This monitoring may include but is not limited to the filtering of incoming and outgoing electronic data messages to identify, limit and/or prevent the transmission of spam, viruses and/or unlawful, defamatory, obscene or otherwise undesirable material or content.
Golden may under certain circumstances engage a third-party service provider to manage the technical operations involved in hosting the Site. To the extent necessary, and solely for the purposes of making available to youthe Services on the Site, you agree that we may disclose to such third party any of your personal information that may be necessary for the procurement of services from the third party.
By using our Site and/or placing any orders for the Services:
8.1 You agree that if you provideyour Personal Information to us, we may create a database record about you;
8.2 If you register on our Site, make orders, download any materials or conduct any other transaction, you agree to our collection of any Personal Information necessary to provide you with the Services that you wish to obtain from us;
You further acknowledge that by accessing this Site, certain information about you, such as your internet protocol (IP) addresses, your navigation through the Site, the systems and programs used by you and the time spent by you, along with other similar information, may be stored on our servers. Such stored information may not specifically identify you. The same may be used by Golden for Site traffic analysis or for such other purposes as Golden may deem appropriate.
Golden hereby undertakes that it shall not disclose, sell, share or in any way reveal any Personal Information submittedby you to us to any other third party, without acquiringyour prior written consent. While no Site can warrantsecurity, we have adoptedappropriate administrative, technical and physical security procedures to help protect the Personal Information provided by you to us. To prevent unauthorized access, maintain data accuracy and ensure a correct use of information, we shalladoptreasonable and current internet security methods and technologies.