Table of Content
Thank you for using Freelensia!
1. DESCRIPTION OF SERVICE
The Freelensia Platform is an online marketplace that enables registered users (“Members” or collectively, the "Freelensia Community") and certain third parties who offer interpretation services (“Interpreters” and the services they offer are “Interpretation Services”) and those who are looking for interpretation services ("Clients" and the events for which they are looking for Interpretation Services are "Events") to publish such Interpretation Services and Events on the Freelensia Platform (“Listings”) and to communicate and transact directly with one another.
DESCRIPTION OF SERVICEWe are Freelensia, an online marketplace where Interpreters and Clients can post listings and transact directly with one another.
ACCEPTANCE OF TERMSBy using Freelensia, you agree to all of the terms below.
3. ACCOUNT REGISTRATION AND MEMBER VERIFICATION
3.1 By accessing or using the Freelensia Platform you represent and warrant that you are 18 or older and have the legal capacity and authority to enter into a contract.
3.2 You must register on our Site using your real identity. For Interpreters, you must submit an application with your real names, date of birth and photo identification. For Clients, if you are representing a company, you must register using your company's e-mail address. As an employee of a company looking for interpreters, you agree to have obtained from your company's legal representatives the necessary approvals to use Freelensia. You understand that you represent your company on the Freelensia Platform and that your actions on our platform will affect the current and future status of your company on our platform.
3.3 Here are some commitments you make to us relating to registering and maintaining the security of your account:
ACCOUNT REGISTRATION AND MEMBER VERIFICATIONYou are over 18 and of age to sign a contract. Please register and use Freelensia as your true self. Do not share, swap, or create multiple accounts, unless if you represent your Company, in which case you may jointly use the account with your colleagues.
4.1 Freelensia may, at its sole discretion, enable Members to (i) create, upload, post, send, receive and store content, such as text, photos, audio, video, or other materials and information on or through the Freelensia Platform ("Member Content"); and (ii) access and view Member Content and any content that Freelensia itself makes available on or through the Freelensia Platform, including proprietary Freelensia content and any content licensed or authorized for use by or through Freelensia from a third party ("Freelensia Content" and together with Member Content, "Collective Content").
4.2 The Freelensia Platform and Freelensia Content may in its entirety or in part be protected by copyright, trademark, and/or other laws of Vietnam and other countries. You acknowledge and agree that the Freelensia Platform and Freelensia Content, including all associated intellectual property rights, are the exclusive property of Freelensia and/or its licensors or authorizing third-parties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Freelensia Platform, Freelensia Content or Member Content. All trademarks, service marks, logos, trade names, and any other source identifiers of Freelensia used on or in connection with the Freelensia Platform and Freelensia Content are trademarks or registered trademarks of Freelensia in Vietnam and abroad. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the Freelensia Platform, Freelensia Content, and/or Collective Content are used for identification purposes only and may be the property of their respective owners.
4.3 You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Freelensia Platform or Collective Content, except to the extent you are the legal owner of certain Member Content or as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Freelensia or its licensors, except for the licenses and rights expressly granted in these Terms.
4.4 Subject to your compliance with these Terms, Freelensia grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) download and use the Application on your personal device(s); and (ii) access and view any Collective Content made available on or through the Freelensia Platform and accessible to you, solely for your personal and non-commercial use.
4.5 By creating, uploading, posting, sending, receiving, storing, or otherwise making available any Member Content on or through the Freelensia Platform, you grant to Freelensia a non-exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to such Member Content to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast, and otherwise exploit in any manner such Member Content to provide and/or promote the Freelensia Platform, in any media or platform. Unless you provide specific consent, Freelensia does not claim any ownership rights in any Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use or exploit your Member Content.
4.6 You are solely responsible for all Member Content that you make available on or through the Freelensia Platform. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available on or through the Freelensia Platform or you have all rights, licenses, consents and releases that are necessary to grant to Freelensia the rights in and to such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or Freelensia's use of the Member Content (or any portion thereof) will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
4.7 You will not post, upload, publish, submit or transmit any Member Content that: (i) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (ii) is defamatory, libelous, obscene, pornographic, vulgar or offensive; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening or promotes violence or actions that are threatening to any other person; or (v) promotes illegal or harmful activities or substances. Freelensia may, without prior notice, remove or disable access to any Member Content that Freelensia finds to be in violation of these Terms or Freelensia’s then-current Policies or Standards, or otherwise, may be harmful or objectionable to Freelensia, its Members, third parties, or property.
4.8 Freelensia respects copyright law and expects its Members to do the same. If you believe that any content on the Freelensia Platform infringes copyrights you own, please notify us.
CONTENTWe can use your content as we see fit. You are responsible for keeping your content accurate, up-to-date and free of copyright and other legal issues.
5. CONFIDENTIALITY AND VOCABULARIES
5.1 To the extent a Member provides information that has not been made public “Confidential Information” to another Member, the recipient will protect the secrecy of the discloser’s Confidential Information with the same degree of care as it uses to protect its own Confidential Information, but in no event with less than due care, and will: (a) not disclose or permit others to disclose another’s Confidential Information to anyone without first obtaining the express written consent of the owner of the Confidential Information; (b) not use or permit the use of another’s Confidential Information, except as necessary for the performance of Interpretation Services (including, without limitation, the storage or transmission of Confidential Information on or through the Freelensia Platform for use by the Interpreter); and (c) limit access to another’s Confidential Information to its personnel who need to know such information for the performance of Interpretation Services.
5.2 If and when Confidential Information is no longer needed for the performance of the Interpretation Services for Events or at the Client’s or the Interpreter’s written request (which may be made at any time at Client’s or Interpreter’s sole discretion), the party that received Confidential Information, will, at its expense, promptly destroy or return the disclosing party’s Confidential Information and any copies thereof contained in or on its premises, systems, or any other equipment otherwise under its control. The party that received Confidential Information agrees to provide written certification to the party disclosing the Confidential Information of compliance with this subsection within ten days after the receipt of disclosing party’s written request for such certification.
5.3 Freelensia may at any time ask the Interpreter to provide a list of important vocabularies (“Vocabularies”) used during the Events to better assist Interpreters for future Events. Vocabularies shall be public words, terms and phrases (can be seen or heard outside the Client or the specific Event wherefrom they originated) and therefore are not treated as Confidential Information.
CONFIDENTIALITY AND VOCABULARIES
You must protect Confidential Information and return or destroy it when no longer required. Freelensia may collect non-private vocabularies from Events.
6. PROHIBITED BEHAVIORS
You are solely responsible for compliance with any and all laws, rules, regulations, and tax obligations that may apply to your use of the Freelensia Platform. In connection with your use of the Freelensia Platform, you will not and will not assist or enable others to:
7. CANCELLATION AND REFUND POLICY
7.1 Freelensia charges a reservation fee ("Reservation Fee") to the Client everytime the Client sends a reservation request to an Interpreter. This fee will be displayed at an interpreter listing. Freelensia reserves the right to change the Reservation Fee at any time, and we will provide Members adequate notice of any fee changes before they become effective. You are responsible for paying the reservation fee that you owe to Freelensia. Except in the case where the interpreter rejects the reservation request, the reservation fee is non-refundable.
7.2 After paying the Reservation Fee, the Client is obliged to pay the event fee ("Event Fee") to the interpreter on-site or by other methods mutually agreed between the two.
7.3 In the case the Client wants to cancel or postpone the event and the Interpretation Service of a reserved Interpreter, the Client must notify the Interpreter by sending a chat message on the Freelensia platform no later than 72 hours before the start time of the event as indicated on the Client's relevant listing or as previously communicated with the Interpreter on the Freelensia platform. In this case, the Client is no longer obliged to pay the Event Fee to the Interpreter.
7.4 In the case the Client fails to notify the Interpreter in this way, the Client is obliged to pay the Event Fee to the Interpreter as agreed regardless of whether the event is actually canceled or not.
7.5 Once the Interpreter has accepted a reservation, the Interpreter is not allowed to cancel his Interpretation Service unless in the following situations:
If the Interpreter encounters one of the two situations above, the Interpreter must notify the Client immediately on the Freelensia Platform and submit official evidence of the situation to Freelensia within 72 hours from the moment the situation arises.
CANCELLATION AND REFUND POLICYThe Reservation Fee is non-refundable. The Event Fee is due if the Client does not cancel 72 hours before the event's start time. The Interpreter cannot cancel except under extenuating circumstances and must provide proof.
8.1 If you violate the letter or spirit of the Terms, or otherwise create risk or possible legal exposure for us, we can stop providing all or part of the Freelensia Platform to you. We will notify you by email or at the next time you attempt to access your account.
8.2 In addition to account termination, depending on the nature of the violation/misconduct, we may make public or share with other Members the nature of the incident to protect the interests of the Freelensia Community.
8.3 Freelensia may conduct activities to ensure that Members are following these Terms, such as:
COUNTERMEASURESIf you violate our Terms, we may close your account and reveal your violation/identity to other Members. We may check to make sure you are following these Terms.
9. DISPUTE RESOLUTION
9.1 If there are disagreements between you and another Member concerning the Interpretation Service for a particular Event, you may file for a dispute resolution with Freelensia.
9.2 Freelensia may, at its own discretion, accept or reject your request for dispute resolution. If the request is accepted, Freelensia may, at its own discretion, review the Content on the Freelensia Platform such as Listing information and message history between the Members. Freelensia will not take into consideration communications between the Members that take place outside of the Freelensia Platform, with the exception of the Freelensia Time Sheet that the Client and the Interpreter are to sign after the Event finishes.
9.3 Based on the materials above, Freelensia may issue a conclusion regarding the dispute. For example, the type of Interpretation service is different, or the duration is longer in actuality than as described in the Client's listing. As a result, Freelensia may require one or more parties involved in the dispute to pay, pay the difference, refund a certain amount or keep the status quo with regards to the dispute.
9.4 Freelensia' decision is final and binding. You recognize that your failure to comply with Freelensia's verdict may result in Freelensia conducting some of the actions described in the Countermeasures section, including the closing of your Account and announcing the incident to the Freelensia Community.
DISPUTE RESOLUTIONIf there is a problem between you and another Member, you may contact us. We may help resolve the dispute. If we issue a verdict, you must comply with it, or face our countermeasures.
10.1 If you choose to use the Freelensia Platform or Collective Content, you do so voluntarily and at your sole risk. The Freelensia Platform and Collective Content is provided “as is”, without warranty of any kind, either express or implied.
10.2 You agree that you have had whatever opportunity you deem necessary to investigate the Freelensia Services, laws, rules, or regulations that may be applicable to your Listings and/or Host Services you are receiving and that you are not relying upon any statement of law or fact made by Freelensia relating to a Listing.
10.3 If we choose to conduct identity verification or background checks on any Member, to the extent permitted by applicable law, we disclaim warranties of any kind, either express or implied, that such checks will identify prior misconduct by a Member or guarantee that a Member will not engage in misconduct in the future.
10.4 You agree that some Interpretation Services may carry inherent risk, and by using those Interpretation Services, you choose to assume those risks voluntarily. For example, an Interpreter may not perform the Interpretation Service satisfactorily to your expectation during the Event, or an Interpreter may not show up to the Event due to extenuating circumstances or willful negligence/misconduct. You agree to release and hold harmless Freelensia from all liabilities and claims that arise in any way from any event cancelation, non-performance, non-attendance that occurs during the event.
DISCLAIMERSUse Freelensia at your own risks.
INDEMNIFICATIONIf we are sued because of something you or your agents do on Freelensia, you have to pay our costs.
12. ARBITRATION AGREEMENT
The Terms shall be governed by and construed in accordance with the laws of Vietnam.
Any controversies or disputes arising out of or relating to these Terms shall be resolved by binding arbitration in accordance with the then current Commercial Arbitration Rules of the Vietnam International Arbitration Center to be held in Ho Chi Minh City. The parties shall select a mutually acceptable arbitrator knowledgeable about issues relating to the subject matter of these Terms. The arbitration proceeding shall be conducted in English and all documentation shall be presented and filed in English. All documents, materials and information in the possession of each party that are in any way relevant to the dispute shall be made available to the other party for review and copying no later than 30 days after the notice of arbitration is served. The arbitrator shall not have the authority to modify any provision of these Terms or to award punitive damages. The arbitrator shall have the power to issue mandatory orders and restraint orders in connection with the arbitration. The decision rendered by the arbitrator shall be final and binding on the parties, and judgment may be entered in conformity with the decision in any court having jurisdiction. The prevailing party shall be entitled to recover its reasonable legal costs relating to that aspect of its claim or defense on which it prevails, and any opposing costs awards shall be offset. The agreement to arbitration shall be specifically enforceable under the prevailing arbitration law. During the continuance of any arbitration proceeding, the parties shall continue to perform their respective obligations under these Terms. The parties agree that, notwithstanding any otherwise applicable statute(s) of limitation, any arbitration proceeding shall be commenced within two years of the acts, events, or occurrences giving rise to the claim.
ARBITRATION AGREEMENTIf you want to sue us, you will do it at the Vietnam International Arbitration Center in Ho Chi Minh City. The language of the arbitration is English.