Terms and Conditions of Service
Last updated: January 29, 2023
Welcome to Talkindeed.com (the “Site”), which is provided by Talkindeed Ltd. (“Talkindeed”, “we” or “us”).
You are reading the terms of service (the “Terms”), which govern the relationship and serve as an agreement between you and us and set forth the terms and conditions by which you may access and use the Site and our related websites, services, applications, products and content (collectively, the “Services”). Our Services are provided for private, non-commercial use. For purposes of these Terms, “you” and “your” means you as the user of the Service.
These Terms form a legally binding agreement between you and us. Please take the time to read them carefully.
1. Description of Services
a. The Service allows users to access and use a variety of educational services with the purpose of learning and practicing the English language. Talkindeed may, in its sole discretion, discontinue the Services or modify the features of the Services at any time without prior notice. Unless explicitly stated otherwise, any new feature that is added to the current Service, including the release of new tools and resources, shall be subject to the Terms of Service.
b. Beta Services. Talkindeed may, from time to time, offer access to services that are classified as Beta version. Access to and use of Beta versions may be subject to additional agreements. Talkindeed makes no representations that a Beta version will ever be made generally available and reserves the right to discontinue or modify a Beta version at any time without notice. Beta versions are provided AS IS, may contain bugs, errors or other defects, and your use of a Beta version is at your sole risk.
2. Accepting the Terms
Talkindeed provides its Services to you subject to the following Terms of Service. By accessing or using our Services, you confirm that you can form a binding contract with Talkindeed, that you accept these Terms and that you agree to comply with them. You also confirm that you are either at least 18 years old or, if you are younger than 18, that you have the permission of your parent or legal guardian, who will take responsibility for your compliance with these Terms of Service. The Service is not intended for use by children under the age of 13. Your access to and use of our Services is also subject to our Privacy Policy and Community Guidelines, the terms of which can be found directly on the Site. By using the Services, you consent to the terms of the Privacy Policy. If you do not agree to comply with these or any future Terms of Service, do not use or access (or continue to use or access) the Service or the Site.
3. Changes to the Terms
Talkindeed may update these Terms and Conditions from time to time, for instance when we update the functionality of our Services, or when there are regulatory changes. If we do this, we will use commercially reasonable efforts to generally notify all users of any material changes to these Terms, such as by posting a notice that we have made changes to these Terms and Conditions on the Site. We will also update the “Last Updated” date at the top of these Terms, which reflect the effective date of such Terms. You can review the most current version of the Terms of Service at any time here: https://www.talkindeed.com/en/terms-of-service. Your continued access or use of the Services after the date of the new Terms constitutes your acceptance of the new Terms. If you do not agree to the new Terms, you must stop accessing or using the Services.
4. Additional Terms
Some of our Services have additional terms and conditions (“Additional Terms”). Where Additional Terms apply to a Service, we will make them available for you to read through your use of that Service. By using that Service, you agree to the Additional Terms.
5. Registration – Your Account
To access or use most features of the Service, you must create an account with us. You may be required to provide information about yourself such as your user name, a valid email address and other information (“Registration Information”) in order to register for an account. You may also be asked to choose a user name and password. You agree that: (1) all Registration Information you submit will be true, accurate, complete and up-t0-date; (2) you will maintain the accuracy of your Registration Information and any other information you provide to us, to keep such information current and complete; (3) you will maintain the confidentiality of your password and other information related to the security of your account; (4) you are fully and solely responsible for all activities that take place through your account.
Talkindeed cannot and will not be liable for any loss or damage arising from your failure to comply with this clause 5.
6. Subscription Fees and Payment
Some materials and features of Talkindeed are available only through the purchase of a paid subscription (“Subscription”). If you have purchased a Subscription, details of which can be found at https://www.talkindeed.com/en/plans the following terms set out in this clause 6 shall also apply to your use and access of the Subscription. Where there is any conflict between this clause 6 and the other terms set out in these Terms of Service, the terms in this clause 6 will prevail. The following terms shall apply to you whether or not you are the individual using the Subscription or if you are a third party facilitating and/or paying on behalf of an individual (such as a student, employee, agent, contractor or other representative) to use the Subscription. Notwithstanding the foregoing if you are using the Subscription pursuant to an agreement entered into by Talkindeed and a third party paying for and/or facilitating your use of the Subscription then where the terms below are in conflict with the terms of the agreement entered into by Talkindeed and the third party the terms of such agreement shall prevail.
By placing an order, you agree to pay all fees and applicable taxes, incurred by you or anyone using a Talkindeed account registered to you, and any other fees or amounts associated with such Subscription, at the prices in effect when such charges are incurred. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Service must be accurate, complete, and current.
If you purchase Subscription through the Service, your Talkindeed account will be billed continuously for the Subscription until you terminate it as set forth below. After your initial Subscription period, and again after any Subsequent subscription period, your Subscription will automatically renew for an additional equivalent period. Payment for subscription-based Paid Services is made in advance.
Talkindeed uses secure payment service providers to make sure that your payments are secure.
Talkindeed may change the Subscription rates at any time or to set up new rates at any time; provided, however, that Talkindeed will provide you with prior notice and an opportunity to terminate your Subscription if Talkindeed changes the price of a Service to which you are subscribed and will not charge you for a previously free Service unless you have been notified of the applicable fees and agreed to pay such fees. Subject to applicable law, you accept the new price by continuing to use the Service after the price change takes effect. If you do not agree with a price change, you have the right to reject the change by unsubscribing from the Subscription prior to the price change going into effect.
The payment details of your current subscription plan are always available through the “Subscription” page on Talkindeed website and through the payment plan details that you received when you purchased the course, details of which can be found at https://www.talkindeed.com/en/plans.
If your Subscription contains teacher-led live lessons, those lessons are delivered on a “use them or lose them basis”, this means that if you haven’t used those live lessons by the end of your subscription, those unused lessons are lost to you and will not be refunded. If your paid subscription is a monthly recurring subscription, your teacher-led lessons will expire at the end of each month.
Talkindeed may run promotions and free offers which may be subject to additional terms or restrictions. These promotions and offers may not be shared among different Users.
7. Trials
Talkindeed offers subscription trials without payment for a specified period, to some of our subscription plans (a “Trial”). We’ll require you to provide your payment details to start the Trial. By providing such details you agree that we may automatically begin charging you for the Subscription on the first day following the end of the Trial on a recurring monthly basis or another interval that we disclose to you in advance. If you don’t want this charge, you must cancel the applicable subscription before the end of the Trial.
8. Cancellation of Subscription
You may cancel your transaction in accordance with the Consumer Protection Regulations (cancellation of a transaction), 2010-5771 and the Consumer Protection Law, 5771-1981, Israel.
You may cancel your Subscription at any time. If you cancel your subscription, it will stop renewing automatically, and service will continue until the end of the current Subscription period. If you cancel before the end of the current subscription period, we will not refund any subscription fees already paid to us.
Subscriptions do not expire during the subscription period due to non-use of the Service.
9. Scheduling and Canceling Live One-To-One Lessons
You have the option to subscribe to a Premium membership in order to get access to additional learning functionalities on the Site such as live one-to-one lessons (“Live Lessons”). Live lessons can be scheduled by the student during the registration process or on the Mentor page on Talkindeed website. Live lessons begin every half an hour and last 25 minutes. You can reschedule a lesson up to 48 hours in advance, or otherwise cancel a lesson, through your calendar available on the Mentor page. Any lesson booked by a student and for which the student has not attended will still be deducted from his/her one-to-one monthly allocation of lessons.
10. User Generated Content and Behavior on the Service
a.You represent and warrant to Talkindeed that your access and use of the Service will be in accordance with these Terms and Conditions and with all applicable laws, rules and regulations any relevant jurisdiction, including those regarding online conduct or acceptable content, and those regarding the transmission of data or information exported from the jurisdiction in which you reside. You further represent and warrant that you have created or own any content and material you submit via the Service and that you have the right, as applicable, to grant us a license to use that material or the right to assign that material to us.
b. All information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials which are posted uploaded, emailed or transmitted via the Service by Users (“User Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such User Content originated. Talkindeed accepts no responsibility at all for any User Content that any User uploads, posts, emails, transmits or otherwise makes available via the Service. Talkindeed does not control the User Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such User Content.
c.. Under no circumstances will Talkindeed be liable in any way for any User Content, including, but not limited to, any errors or omissions in any User Content, or any loss or damage of any kind incurred as a result of the use of any User Content made available via the Service.
d.. You acknowledge that Talkindeed shall have the right (but not the obligation) in its sole discretion to refuse, move or delete any User Content that is available via the Service that breaches the Terms of Service or is otherwise (in Talkindeed’s sole discretion) objectionable.
e. Talkindeed does not claim ownership of the User Content. By submitting User Content to the Service, you grant Talkindeed a worldwide, royalty-free, and non-exclusive license to reproduce, modify and publish such User Content (i) in respect of User Content which is submitted to your Profile, for the purpose of displaying, distributing and promoting your Profile within the Service at all times until your Profile is terminated, (ii) in respect of other User Content, indefinitely for the purposes of the normal operation of the Service, and (iii) in respect of User Content which provides comments on the Service (whether in your Profile or not), for the purpose of marketing the Service to third parties. If you don’t want Talkindeed to display your User Content anymore, you can delete your account at any time and your information won’t be visible to other users. Please be aware that due to technical reasons beyond our control, it might take some time until your personal information disappears completely from search engines (such as Google). You also acknowledge that some User Content (such as comments, posts or messages) not included directly within your Profile, may remain after the cancellation of your Profile. In addition, Talkindeed hereby grants you a personal, non-exclusive, non-sub-licensable worldwide license to access and view User Content of other Users within the scope of your normal use of the Service whilst you have an active account.
f. You agree to use the Service in a diligent, proper and lawful manner and to ensure that you do not violate any applicable local, state, national or international law or any rights of third parties (including trade mark, trade secret, copyright or other proprietary rights). In particular, you agree not to use the Service to: (1) upload, post, email, transmit or otherwise make available any User Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (2) harm minors in any way; (3) impersonate any person or entity, including, but not limited to, a Talkindeed official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with any person or entity; (4) use the Service as a forwarding service to another website; (5) forge headers or otherwise manipulate any content transmitted through the Service in order to disguise its origin; upload, post, email, transmit or otherwise make available any User Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships); (6) upload, post, email, transmit or otherwise make available any User Content that infringes any Intellectual Property Rights (as defined in clause 11.1) or confidentiality rights of any party; (7) upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other form of solicitation; (8) upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (9) disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other Users of the Service are able to type, or otherwise act in a manner that negatively affects other Users’ ability to engage in real time exchanges; (10) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; (11) “stalk” or otherwise harass any other Users; (12) collect or store personal data about other Users in connection with the prohibited conduct and activities set forth in paragraphs above; and/or (13) promote other sites or services which are not related with the Service offered by Talkindeed.
g. You represent and warrant that (1) you are not organized under the laws of, operating from, or otherwise ordinarily resident in a country or territory that is the target or comprehensive U.S. economic or trade sanctions (i.e., an embargo) or (2) identified on a list of prohibited or restricted persons, such as the U.S. Treasury Department’s List of Specially Designated Nationals and Blocked Persons, or (3) otherwise the target of U.S. sanctions.
h. You acknowledge and agree that Talkindeed may preserve User Content and may also disclose User Content if required to do so by law, or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms of Service or the Paid Services Terms; (c) respond to claims that any User Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Talkindeed, its Users and the public.
11. Third-Party Links, Sites, and Services
The Service may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Talkindeed. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access any third party website, service, or content from Talkindeed, you understand that these Terms and Conditions and our Privacy Policy do not apply to your use of such sites. You expressly acknowledge and agree that Talkindeed shall not be responsible or liable, directly or indirectly, for any damage or loss arising from your use of any third-party website, service, or content.
All financial transactions made in connection with the Service will be processed by a third party in accordance with their respective terms of use, privacy policy, and/or any applicable payment terms and conditions. We encourage you to learn about the practices of such third party. In no event will Talkindeed be responsible for the actions or inactions of any third party payment processor, including, but not limited to, system downtime or payment service outages.
12. Termination
You can cancel your account and your use of the Service at any time by following the instructions available through the Service. After cancellation, you will no longer have access to your Profile and all information contained therein may be deleted by Talkindeed. However, you acknowledge that some User Content (such as comments, posts or messages) not included directly within your Profile, may remain after the cancellation of your Profile. Talkindeed accepts no liability for such deletion of information or content.
The provisions of these Terms and Conditions relating to the protection and enforcement of Talkindeed’s proprietary rights, your representations and warranties, disclaimer of representations and warranties, release and indemnities, limitations of liability and types of damages, ownership of data and information, governing law and venue, and miscellaneous provisions shall survive any such termination.
Talkindeed may terminate your access and use of the Service immediately at any time, for any reason, and at such time you will have no further right to use the Service. In the event that Talkindeed suspends or terminates your use of the Service or you close your account voluntarily, you understand and agree that you will receive no refund or exchange of any kind, including for any Content or data associated with your use of the Service, or for anything else.
13. Proprietary Rights
a. Service Content and Activity Materials. All content available through the Service, including designs, text, graphics, images, information, software, audio and other files, and their selection and arrangement (the “Service Content”), are the proprietary property of Talkindeed or its licensors. No Service Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, other than as expressly permitted in these Terms and Conditions. You may not use any data mining, robots, scraping or similar data gathering or extraction methods to obtain Service Content. As between you and Talkindeed, all data, information and materials generated from your access and use of the educational activities made available on or through the Service, including translated content generated by you (collectively, the “Activity Materials”), shall be exclusively owned by Talkindeed, and you shall not have any right to use such Activity Materials except as expressly authorized by these Terms and Conditions. Activity Materials will not include Translation Materials. By using the Service, you hereby assign to Talkindeed any and all rights, title and interest, including any intellectual property rights or proprietary rights, in the Activity Materials. All rights of Talkindeed or its licensors that are not expressly granted in these Terms and Conditions are reserved to Talkindeed and its licensors.
b. Trademarks. “Talkindeed” and all other trademarks, service marks, graphics and logos used in connection with the Service are trademarks or service marks of Talkindeed or their respective owners. Access and use of the Service does not grant or provide you with the right or license to reproduce or otherwise use the Talkindeed name or any Talkindeed or third-party trademarks, service marks, graphics or logos.
14.*** Notice for Claims of Copyright Violations and Agent for Notice
If you are a copyright owner and have a good faith belief that any material available through the Service infringes upon your copyrights, you may submit a copyright infringement notification to Talkindeed pursuant to the Digital Millennium Copyright Act by providing us with the following information in writing:
an electronic or physical signature of the copyright owner or the person authorized to act on behalf of the owner of the copyright interest;
a description of the copyrighted work that you claim has been infringed;
a description of where the material that you claim is infringing is located on the Service, with enough detail that we may find it on the Service;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.
Please consult your legal counsel for further details or see 17 U.S.C. §512(c)(3). Talkindeed’s Agent for Notice of claims of copyright infringement can be reached as follows:
By mail: 9 Shraga Rafaeli St, Petah Tikva, Israel
By email: legal@talkindeed.com
For clarity, only copyright infringement notices should go to our Copyright Agent. You acknowledge that if you fail to comply with all of the requirements of this section your notice may not be valid.
If you believe the content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use such content, you may submit a counter-notice to the address listed above containing the following information:
Your physical or electronic signature;
Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
Your name, physical address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in the judicial district in which you reside, or if you reside outside of the United States, then of the federal court in Pittsburgh, Pennsylvania, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
After we receive your counter-notification, we will forward it to the party who submitted the original claim of copyright infringement. Please note that when we forward the counter-notification, it includes your personal information. By submitting a counter-notification, you consent to having your information revealed in this way. We will not forward the counter-notification to any party other than the original claimant.
After we send out the counter-notification, the claimant must then notify us within 10 days that he or she has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the content that was removed or disabled. If we receive such notification, we will be unable to restore the material. If we do not receive such notification, we may reinstate the material.
15. *** Governing Law and Arbitration; No Class Action
These Terms and Conditions, its subject matter and Talkindeed’s and your respective rights under these Terms and Conditions, as well as and any claim, cause of action or dispute (“claim”) arising out of or related to these Terms and Conditions, shall be governed by and construed under the laws of Israel, excluding the conflict of law provisions of that or any other jurisdiction, regardless of your country of origin or where you access the Service. ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO THESE TERMS AND CONDITIONS OR THE SERVICE WILL BE RESOLVED BY BINDING ARBITRATION, RATHER THAN IN COURT, except for Talkindeed’s right to seek injunctive relief as set forth below. Unless otherwise expressly required by applicable law, each party shall bear its own attorneys’ fees without regard to which party is deemed the prevailing party in the arbitration proceeding.
If you do not want to arbitrate disputes with Talkindeed and you are an individual, you may opt out of this arbitration agreement by sending an email to legal@Talkindeed.com within 30 days of the day you first access or use the Service.
If you intend to seek arbitration you must first send a written notice to Talkindeed’s Administration Office of your intent to arbitrate (“Notice”). The Notice to Talkindeed should be sent by any of the following means: (i) electronic mail to legal@Talkindeed.com; or (ii) sending the Notice by Postal Service certified mail to Talkindeed, Ltd. Attention: Legal, 9 Shraga Rafaeli St, Petah Tikva, Israel. The Notice must (x) describe the nature and basis of the claim or dispute; and (y) set forth the specific relief sought; and (z) set forth your name, address and contact information. If we intend to seek arbitration against you, we will send any notice of dispute to you at the contact information we have for you.
The arbitration will be conducted before a neutral single arbitrator in Tel Aviv, whose decision will be final and binding, and the arbitral proceedings will be governed by JAMS under its Comprehensive Arbitration Rules and Procedures (the “JAMS Rules”) as modified by these Terms and Conditions. The JAMS Rules are available at www.jamsadr.com. All issues are for the arbitrator to decide, including the scope of this arbitration clause, but the arbitrator is bound by the terms of these Terms and Conditions. If you initiate arbitration, your arbitration fees will be limited to the filing fee set forth in the JAMS Rules. We will reimburse all other JAMS filing, administration and arbitrator fees paid by you, unless the arbitrator determines that the arbitration was frivolous or brought for an improper purpose, in which case the payment of all such fees shall be governed by the JAMS Rules. The arbitration will be conducted in the English language. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. For any claim where the potential award is reasonably likely to be $10,000 or less, either you or Talkindeed may elect to have the dispute resolved through non-appearance-based arbitration.
To the fullest extent permitted by applicable law, YOU AND TALKINDEED EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDING WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. If for any reason a claim proceeds in court rather than in arbitration, YOU AND TALKINDEED EACH WAIVE ANY RIGHT TO A JURY TRIAL. If a court of competent jurisdiction finds the foregoing arbitration provisions invalid or inapplicable, you and Talkindeed agree that all claims arising out of or related to these Terms and Conditions must be resolved exclusively by a state or federal court located in the County of Allegheny in the Commonwealth of Pennsylvania, and you and Talkindeed each agree to submit to the exercise of personal jurisdiction of such courts for the purpose of litigating all such claims. Notwithstanding the above, you agree that Talkindeed shall still be allowed to apply for and obtain injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
16. NO REPRESENTATIONS OR WARRANTIES BY TALKINDEED
THE SERVICE, INCLUDING ALL IMAGES, AUDIO FILES AND OTHER CONTENT THEREIN, AND ANY OTHER INFORMATION, PROPERTY AND RIGHTS GRANTED OR PROVIDED TO YOU BY TALKINDEED ARE PROVIDED TO YOU ON AN “AS IS” BASIS. TALKINDEED AND ITS SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE SERVICE, EITHER EXPRESS OR IMPLIED, AND ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, ARE EXPRESSLY DISCLAIMED. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TALKINDEED DOES NOT MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND RELATING TO ACCURACY, SERVICE AVAILABILITY, COMPLETENESS, INFORMATIONAL CONTENT, ERROR-FREE OPERATION, RESULTS TO BE OBTAINED FROM USE, OR NON-INFRINGEMENT. ACCESS AND USE OF THE SERVICE MAY BE UNAVAILABLE DURING PERIODS OF PEAK DEMAND, SYSTEM UPGRADES, MALFUNCTIONS OR SCHEDULED OR UNSCHEDULED MAINTENANCE OR FOR OTHER REASONS. TALKINDEED CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SERVICES. USE IS AT YOUR OWN RISK.
17. Indemnification of Talkindeed
You agree to indemnify, defend and hold harmless Talkindeed, its affiliates, officers, directors, employees, consultants, agents, suppliers and Resellers from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorneys’ fees) arising from Your use of the Services, Your violation of this Agreement or the infringement or violation by You or any other user of Your account, of any intellectual property or other right of any person or entity or applicable law
18. LIMITATION ON TYPES OF DAMAGES/LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL TALKINDEED BE LIABLE TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU (WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHER THEORY) FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATING TO THE ACCESS OR USE OF, OR THE INABILITY TO ACCESS OR USE, THE SERVICE OR ANY PORTION THEREOF, INCLUDING BUT NOT LIMITED TO THE LOSS OF USE OF THE SERVICE, INACCURATE RESULTS, LOSS OF PROFITS, BUSINESS INTERRUPTION, OR DAMAGES STEMMING FROM LOSS OR CORRUPTION OF DATA OR DATA BEING RENDERED INACCURATE, THE COST OF RECOVERING ANY DATA, THE COST OF SUBSTITUTE SERVICES OR CLAIMS BY THIRD PARTIES FOR ANY DAMAGE TO COMPUTERS, SOFTWARE, MODEMS, TELEPHONES OR OTHER PROPERTY, EVEN IF TALKINDEED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TALKINDEED’S LIABILITY TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO TALKINDEED FOR THE SERVICE IN THE TWELVE (12) MONTHS PRIOR TO THE INITIAL ACTION GIVING RISE TO LIABILITY. THIS IS AN AGGREGATE LIMIT. THE EXISTENCE OF MORE THAN ONE CLAIM HEREUNDER WILL NOT INCREASE THIS LIMIT. Because some states and jurisdictions do not allow the exclusion or limitation of liability, the above limitation may not apply to You.
You understand and agree that we have set our prices and entered into these Terms and Conditions with you in reliance upon the limitations of liability set forth in these Terms and Conditions, which allocate risk between us and form the basis of a bargain between the parties.
19. Privacy Policy
Talkindeed will collect and/or process personal data pursuant to its Privacy Policy, , the terms of which are incorporated into these Terms of Service by reference. Additionally, You understand and agree that Talkindeed may contact You via e-mail or otherwise with information relevant to Your use of the Services, regardless of whether You have opted out of receiving marketing communications or notices.
20. California Users and Residents
If you are a California resident, in accordance with Cal. Civ. Code § 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210.
21. Miscellaneous
These Terms and Conditions constitute the entire agreement between Talkindeed and you concerning the subject matter hereof. In the event that any of the Terms and Conditions are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms and Conditions shall otherwise remain in full force and effect. A waiver by Talkindeed or you of any provision of these Terms and Conditions or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. Talkindeed may assign its rights or obligations under these Terms and Conditions without condition. These Terms and Conditions will be binding upon and will inure to the benefit of Talkindeed and you, and Talkindeed’s and your respective successors and permitted assigns.
d. General Provisions. This Agreement has been prepared in the English Language and such version shall be controlling in all respects and any non-English version of this Agreement is solely for accommodation purposes.
22. Contact
Talkindeed Ltd. is a limited liability company with company number 516670379 and with its registered address at 9 Shraga Rafaeli, Petah Tikva, Israel.
Talkindeed may contact you and send you notices, including those relative to changes in these Terms of Service, by email, regular post or by posting announcements on the Site.
Thanks for reading our Terms of Service. We hope you enjoy our services.
If you have any questions about Talkindeed’s’ policies and practices, or would like to report any breaches of the Terms of Service, please contact us at terms-of-service@talkindeed.com.