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For last week, I had finished making "Terms of Use ans Service" but this agreement should be translated into several languages such as Chinese. At the very end, I wrote:

In the interpretation of this User Terms, preferentially English language User Terms shall be taken into consideration than translation into other language.

However, I usually wrote:

This Agreement is provided to you and concluded in English.

So, here comes my question. Are they exactly same in legal minds? If not, could you explain me why?

  • I suppose you could make translated versions, but make them unofficial. – Zizouz212 Feb 1 '16 at 0:41
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It is not uncommon for trans-national contracts to be prepared in two or more languages and when this is done it is normal for one version to be the definitive version.

What you have written does not appear to say this, however.

To be honest I don't even know what "... preferentially English language User Terms shall be taken into consideration than translation into other language." means. I think you are trying to say that the English language version is definitive but that certainly isn't clear. It could also be interpreted that when you translate your ToS into say, German, you must use the English language version as the source rather than going from say French to German.

A clearer formulation would be "Between different language versions of these ToS, the English version is definitive."

With respect to your second construction, if I'm reading your French ToS and I read:

Le présent accord est prévu pour vous et a conclu en anglais.

... all I know is that is complete nonsense because it is self-evidently untrue and I will happily argue that in court in either French or English.

Do yourself a favour, pay a lawyer to write this stuff for you and have them professionally translated.

  • I really appreciate your answer! I asked my boss to hire a lawyer to make this ToS but he wants me to bring the first draft...that's why! Anyway, it helped me a lot! I thank you again. – Eugene Feb 1 '16 at 3:03

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