TERMS AND CONDITIONS

This website is owned and operated by talkiamo.com. These Terms set forth the terms and conditions under which you may use our website and services as offered by us. This website offers visitors and members conversation classes and sessions in various languages. We connect individuals who want to learn a language (“Participants”) with individuals who can speak the targeted language fluently and who can help Participants speak fluently (“Hosts”) by real-time video language conversations. By accessing or using the website of our service, you approve that you have read, understood, and agree to be bound by these Terms.

In order to use our website and/or receive our services, you must be at least 18 years of age, or of the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into these Terms as a binding agreement. You are not allowed to use this website and/or receive services if doing so is prohibited in your country or under any law or regulation applicable to you.

When buying a service, you agree that:

-you are responsible for reading the full item listing before making a commitment to buy it:

-you enter into a legally binding contract to purchase a service when you commit to buy a service and you complete the check-out payment process.

The prices we charge for using our services are listed on the website. We reserve the right to change our prices displayed at any time and to correct pricing errors that may inadvertently occur. Additional information about pricing and sales tax is available on the payments page.

The fee for the services and any other charges you may incur in connection with your use of the service, such as taxes and possible transaction fees, will be charged to your payment method at the moment you purchased the service.

The terms and conditions for Participants, incorporated herein by reference, also applies to Hosts in their access, registration or other use of talkiamo.com.

Participant and Host Registration

The website allows participants to request and engage in a video chat session with a Host for purposes of learning and practising conversation skills in the language of a Participant’s choice (a “Session”). The website also allows Hosts to host a video chat session with Participants for the purposes of teaching and helping Participants to speak fluently. To access a Session, you must register and create an account on the website. Registration may require you to create a unique user name and password, to present an e-mail address, your native language, the country that you live and the language you learn. In addition to those, we ask Hosts to present the language in which they wish to host our services, their gender and their bank account number. Hosts must be at least 18 years of age. Note that ling.com does not have access to Participants’ payment card information, as we use a third-party payment processor to receive and process payments.

Registration Accuracy

You agree that the information you provide, at all times, will be true, accurate, current, and complete. You also agree that you will ensure this information is kept confidential, accurate and up-to-date at all times. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account. If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of your account ID or password), you will immediately notify talkiamo.com. You may be liable for the losses incurred by talkiamo.com or others due to any unauthorized use of your account.

Personal Use

Except as provided herein, the accounts on talkiamo.com may only be used by the Participant who registered for that account. Services purchased by a Participant may only be used by that Participant in that Participant’s account. You agree not to share your user name and password or otherwise permit any other person to access or use your talkiamo.com account. Under no circumstances that a Host can allow other individuals to use the Hosts’ account to perform any Services.

Right to suspend or cancel the user account

We may permanently or temporarily terminate or suspend your access to the service without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms or any applicable law or regulations. You may discontinue use and request to cancel your account and/or any services at any time. Notwithstanding anything to the contrary in the foregoing, with respect to automatically-renewed subscriptions to paid services, such subscriptions will be discontinued only upon the expiration of the respective period for which you have already made payment

Sessions

To connect to the website and to language conversation sessions requires to download and to install specific software. It is in your responsibility to download and to install any such hardware and software and to determine the compatibility with your system, and hereby to assume all risk and liability associated with such hardware and software. It is your responsibility to review and comply with all applicable license agreements and other terms and conditions relating to all software you use in connection with the website and the Sessions.

You agree to connect to Sessions for your personal, educational and non-commercial purposes and agree not to record, copy, redistribute, broadcast, publicly perform or publicly display any such Session, except as allowed by this Agreement.

Sessions may be recorded or monitored. You hereby consent to:

-The monitoring or recording of any Session you are in,

-talkiamo.com copying and using such recordings for purposes of providing the Services, including without limitation for purposes of Host evaluation, training, dispute resolution and improving the Platform;

-Such recording being made available to the other party to the Session, including the Participant

-Such recordings being made available for you to review;

-Such recording being used or disclosed by talkiamo.com to the extent required by law or legal process or to the extent talkiamo.com deems necessary for purposes of enforcing or protecting its rights or the rights of a third party;

-As you otherwise agree (including Hosts) hereby waive any rights of publicity, privacy or other rights under applicable law to the extent such rights could be used to prevent us from using Session recordings for the limited purposes set forth in this subsection or as you otherwise agree (including Hosts), and hereby grant a worldwide, non-exclusive, fully paid-up, royalty-free, irrevocable, perpetual, sublicensable, and transferable license under any intellectual property rights you may have in or to any Session recording or content therein to talkiamo.com to copy, modify, distribute and use such recording and content for its business purposes as set forth hereunder or as required by law or legal process. Notwithstanding the foregoing, you may have certain choices with respect to access to or our retention of session recordings as set forth in our Privacy Policy.

Hosts

talkiamo.com is not in the business of providing Hosting services. We only provide an online platform that connects Participants with Hosts.

Hosts are Independent Contractors operating an independent business enterprise who use our website to offer and provide services to Participants. talkiamo.com is not an employer of any Host. talkiamo.com has no responsibility for, control over, or involvement in the scope, nature, quality or location of any work or services performed by Host. We are under no obligation to ensure any Session is completed to Participants’ satisfaction.

All materials, equipment, tools and labour that a Host needs to perform the Services will be supplied by the Host. talkiamo.com will provide both Participant and Host access to the Platform.

talkiamo.com has no duty to verify any stated credentials, experience or qualifications of any Host, and that talkiamo.com does not conduct any screening of Hosts other than as expressly set forth in this Section. If you wish to submit a complaint regarding any Host, please contact by sending an e-mail to contact@talkiamo.com. Participants are responsible for their communications or other interactions with other Participants during Sessions on or through the Platform. If the host observes any participant annoying and bothering other participants, using sexist and discriminative language, the host has the right to warn that participant with a specific indication. Seen that same attitude continues, the host has the right to take participant out of the session. talkiamo.com reserves the right but has no obligation, to monitor disagreements between Participants and/or between Participants and Hosts.

Data Privacy

Our Privacy Policy is linked to this agreement.

Hosts will receive Personal Data of Participants to provide the Services. Personal Data has the meaning assigned to the terms “personal data” or “personal information” under applicable data protection laws, such as the General Data Protection Regulation (EU 2016/679) (GDPR) or the California Consumer Privacy Act (CCPA).Any personal data obtained by Host who agrees this agreement also agrees to comply with obligations of GDPR as a “controller” and with obligations of CCPA as a “business”.

Rescheduling and refund policy

The participants who bought a payment plan, the purchase is valid for 3 months. This right is terminated and cannot be reclaimed after the expiration date of a plan.

Once a session is booked, it is possible to reschedule it 6 hours before the start of the session. You can reschedule your session through your talkiamo.com account easily by clicking the ‘My Bookings’. Rescheduling cannot be made less than 6 hours remaining for the session and the fee can not be reimbursed if you don’t attend it.

Each participant who bought the SINGLE plan for the first time has a right to claim a refund if this participant acknowledges, within 24 hours after the session, that he is not satisfied with the service taken, by sending an email to contact@talkiamo.com. In this case, talkiamo.com will propose the member to use the right for another session. If not accepted by the member, talkiamo.com will refund the fee to the member within 30 working days. talkiamo.com is not responsible for any kind of fee charged by payment systems and will not cover it when initiating a refund. To the fullest extent permitted by law, any refunds at any time are at our sole discretion only.

If the session does not take place due to the host not attending the session without prior notice, you will have the right to reschedule the cancelled session and we will guarantee you an additional free session. We may cancel the session 6 hours before the session starts. In this case, you will have the right to reschedule the cancelled session.

We may, without prior notice, change the Services; stop providing the services or any features of the services we offer; or create limits for the services. We may permanently or temporarily terminate or suspend access to the services without notice and liability for any reason, or for no reason.

Ownership of intellectual property, copyrights and logos

The Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music and all Intellectual Property Rights related thereto, are the exclusive property of talkiamo.com. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works thereof.

You recognize and agree that by uploading any content (including, but not limited to designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, interfaces, text and literary works) through any means to the website, you confirm that you own all the relevant rights or received the appropriate license to upload/transfer/send the content. You agree and consent that the uploaded/transferred content may be publicly displayed on the website.

Indemnification

You agree to indemnify and hold talkiamo.com harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against them by any third party due to, or arising out of, or in connection with your use of the website or any of the services offered on the website.

To the maximum extent permitted by applicable law, in no event shall talkiamo.com be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the service.

To the maximum extent permitted by applicable law, talkiamo.com assumes no liability or responsibility for any

-errors, mistakes, or inaccuracies of content;

-personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; and

-any unauthorized access to or use of our secure servers and/or any and all personal information stored therein.

 

Right to change and modify Terms

We reserve the right to modify these terms from time to time at our sole discretion. Therefore, you should review this page periodically. When we change the Terms in a material manner, we will notify you that material changes have been made to the Terms. Your continued use of the Website or our service after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these terms or any future version of the Terms, do not use or access (or continue to access) the website or the service.

Promotional emails and content

You agree to receive from time to time promotional messages and materials from us, by mail, email or any other contact form you may provide us with (including your phone number for calls or text messages). If you don't want to receive such promotional materials or notices – please just notify us at any time.

Preference of law and dispute resolution

These Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the services, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of France, without respect to its conflict of laws principles. Any and all such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by a court of competent jurisdiction located in Puteaux-France. The application of the United Nations Convention of Contracts for the International Sale of Goods is hereby expressly excluded.

Last update: 12.02.21