Terms and Conditions
REGISTRATION AND SCOPE OF SERVICE
CHARGES AND FEES
RESPONSIBILITIES OF THE USER
COMMUNICATION BY SPEAKTRIBE
COVENANTS, REPRESENTATIONS AND WARRANTY
SAFETY OF DATA AND DOWNLOAD
The User understands and agrees that any material and/or data downloaded or otherwise obtained through the use of Services of SpeakTribe, is done entirely at the User’s own discretion and risk and that the User will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material and/or data. Further the User accepts that it is the User’s responsibility to download, install or ensure the user interface channel used belongs to SpeakTribe and not any other entity. SpeakTribe is not in any way responsible for the wrong download, installation or use of wrong user interface by the User.
INTELLECTUAL PROPERTY RIGHTS
LIMITATION OF LIABILITY
The User agrees to indemnify, defend and hold harmless SpeakTribe from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by SpeakTribe that arise out of, result from, or may be payable by virtue of, any breach by the User, including for any infringement of intellectual property caused by the User or User Content that arises out of or in relation to the Terms of Service stated herein.
SpeakTribe reserves the right to suspend or terminate the User’s use of SpeakTribe App or other user interface if it believes, in its sole discretion that the User may have breached, infringed or violated any terms and conditions under these Terms of Service.
Further, SpeakTribe reserves the right to suspend or terminate any of its services at will, for any reason whatsoever without prior notice to the User.
SpeakTribe reserves the right to revise the terms in these Terms of Service from time-to-time. The revised terms will apply to the use of SpeakTribe App and other user interface from the date of the publication of the revised Terms of Service on SpeakTribe App or on its other user interface. The User is required to check the Terms of Service regularly to ensure the User is familiar with the current version.
These Terms of Service shall be governed by and construed in accordance with the laws of the Republic of India.
If any dispute, controversy or claim among the User and SpeakTribe arises out of or in connection with these Terms of Service, including the breach, termination or invalidity thereof (“Dispute”), the parties shall use all reasonable endeavours to negotiate with a view to resolving the Dispute amicably. If a party gives the other party notice that a Dispute has arisen (a “Dispute Notice”) and the parties mutually agree that any dispute, controversy or claim arising out of or relating to this contract shall first be referred to mediation at the Centre for Advance Mediation Practice (CAMP- www.campmediation.in) under the CAMP Rules of Mediation, 2015 as may be modified or revised from time to time. In the event the Parties are unable to resolve such dispute(s) within three (3) months of commencement of the mediation, which time limit is extendable by mutual agreement, then the Parties agree that the dispute(s) will be submitted for resolution to binding arbitration in accordance with the rules of The Arbitration and Conciliation Act, 1996. The venue of the arbitration shall be Bengaluru. The language of the arbitration shall be English. No party may commence any court proceedings or arbitration in relation to any dispute arising out of these Terms of Service until it has attempted to settle the dispute through mediation. The Parties shall bear their own legal and other costs and expenses necessary to the Dispute, which has been submitted to arbitration in accordance with this Clause, without prejudice to the arbitrator’s right to award costs or require any party to the arbitration to pay the costs and expenses of another party thereto. Any arbitration proceedings hereunder shall be conducted on a confidential basis. Subject to the foregoing, the courts at Bangalore shall have exclusive jurisdiction
- To use the SpeakTribe App, the User is required to register and provide certain personal information including without limitation, name, contact number and email address.
- The User expressly undertakes to provide to SpeakTribe only correct and valid information while requesting for any Services under these Terms of Service, and not to make any misrepresentation of facts at all. Any default on part of the User would vitiate these Terms of Service and shall disentitle the User from availing the Services of SpeakTribe.
- SpeakTribe may provide the Services either through the ‘in-app purchase’ model wherein the User has the license to access limited irrevocable content with the option of purchasing the license to access other content. SpeakTribe shall provide technical support for the duration of one (1) year from date of initial download or use of the SpeakTribe App or other user interface channels under this model or the ‘app subscription’ model wherein the User has the license to access subscribed content only for a limited period of time, after which the license to use said content is revoked. SpeakTribe shall provide technical support only for the duration of the subscription under this model.
- The User may access his account on any two devices only.
- SpeakTribe reserves the right to cancel, interrupt, or reschedule any Service or level of course or to modify any app content or any assignment, quiz, or other assessment.
- SpeakTribe offers are subject to SpeakTribe discretion and may be changed or revoked at any time without notice.
- SpeakTribe Services do not confer any academic credit. Nothing in these Terms of Service or otherwise with respect to the User’s access to SpeakTribe App or website: (i) establishes any relationship between the User and any educational institution with which SpeakTribe may be affiliated; (ii) enrols or registers the User in any educational institution, or in any course offered by any educational institution; or (iii) entitles the User to use the resources of any educational institution that SpeakTribe may be affiliated beyond participation in the course.
- The User may download SpeakTribe Apps only for personal, non-commercial use.
- All courses in the SpeakTribe Apps are segregated into levels, in the in-app purchase model, the User has access to certain levels at zero cost either for a trial period or longer based on the existing offers at the time. If the User wishes to access locked paid levels or wishes to extend the duration of trial access, the User is required to pay a fee for the same.
- All downloads of SpeakTribe Apps in the app subscription model are subject to payment of the subscription fee.
- The payment of the fees shall be made to the marketplace through which the User has access to the SpeakTribe Apps ( Google play store or App store).
- Neither SpeakTribe App nor SpeakTribe collect the money directly from the User.
- Notwithstanding anything contained in Clause 15 (b), all payments, once made are non-refundable, SpeakTribe does not entertain requests for refunds .
- The Users availing Services from SpeakTribe shall be deemed to have read, understood and expressly accepted the terms and conditions of these Terms of Service, which shall govern the desired transaction or provision of such Services by SpeakTribe for all purposes, and shall be binding on the User. All rights and liabilities of the User and / or SpeakTribe with respect to any Services to be provided by SpeakTribe shall be restricted to the scope of these Terms of Service. Further it is the User’s responsibility to review these Terms of Service from time to time. If the User continues to use the Service after notice of change has been intimated or published on SpeakTribe Website/Application, the User is considered to have provided unequivocal consent to the changed terms hereof.
- SpeakTribe's Services are offered to the User conditioned on acceptance without modification of all the terms, conditions and notices contained in these Terms of Service as may be applicable from time to time. For the removal of doubts, it is clarified that availing of the Services by the User constitutes an acknowledgement and acceptance by the User of these Terms of Service . If the User does not agree with any part of such terms, conditions and notices, the User must not avail SpeakTribe's Services.
- While registering, the User may have to choose a password and will be responsible for maintaining the confidentiality of the password and the account. The User will be fully responsible for all activities that occur while using their password or account including without limitation, the activities of the minor on whose behalf the User has availed of the Services. It is the duty of the User to notify SpeakTribe immediately in writing of any unauthorized use of their password or account or any other breach of security. SpeakTribe will not be liable for any loss that may be incurred by the User as a result of unauthorized use of his password or account, either with or without his knowledge. The User shall not use anyone else's account at any time.
- The User agrees that the User will create, access, and/or use only one user account, and will not share with any third party access to or information regarding access to the said account.
- The Services enable the User to create and share content, such as audio, audio visual recordings, written assignments, projects, and other assignments using the SpeakTribe App and or other SpeakTribe interface. ("User Content").
- User Content remains the intellectual property of the User. However, by sharing the User Content on the SpeakTribe App and or other SpeakTribe interface, the User expressly grants SpeakTribe a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up worldwide, fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, transmit, perform and display such content and User identity, voice, and/or likeness as contained in the User Content, in whole or in part, and in any form throughout the world in any media or technology, whether now known or hereafter discovered, including all promotion, advertising, marketing, merchandising, publicity and any other ancillary uses thereof, and including the unfettered right to sublicense such rights, in perpetuity. All User Contents are deemed non-confidential and SpeakTribe shall be under no obligation to maintain the confidentiality of any information, in whatever form, contained in any User Content.
- All User Content must comply with the requirements listed below and any additional guidelines as applicable:
- User Content that contains any negative comments that are connected to religion, caste, race, national origin, gender, sexual orientation or physical handicap or that are defamatory, slanderous, indecent, obscene, pornographic or sexually explicit are strictly prohibited.
- User Content must not contain anything that would be illegal
- User Content must not infringe on the copyright, trademark, patent or other intellectual property right of any third party.
- User Content must not violate a third party’s right to privacy.
- SpeakTribe shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on the SpeakTribe App or other user interface. Further, SpeakTribe shall have the right to remove any material that it finds to be in violation of the provisions hereof or otherwise objectionable, and the additional right to deny any User who fails to conform to any provision of these Terms of Service, access to Services.
- The User is free to share the User Content on social networks like Facebook and Twitter through the SpeakTribe App and or other SpeakTribe interface.
- The User agrees that SpeakTribe may send confirmation, course information, cancellation, payment confirmation, schedule change or any such other information relevant to the Service, via SMS or email given by the User at the time of registration.
- The User also agrees that SpeakTribe may contact the User by voice call, SMS or email in case the User couldn’t or hasn’t concluded the registration, for any reason whatsoever, to know the preference of the User for concluding the registration and also to help the User with the same.
- The User hereby unconditionally consents that such communications via SMS and/ or voice call by SpeakTribe is,
- upon the request and authorization of the User;
- ‘transactional’ and not an ‘unsolicited commercial communication’ as per the guidelines of Telecom Regulation Authority of India (TRAI) and
- in compliance with the relevant guidelines of TRAI or such other authority in India and abroad.
- The User agrees to indemnify and keep indemnified SpeakTribe against all types of losses and damages incurred by SpeakTribe due to any action taken by TRAI, Access Providers (as per TRAI regulations) or any other authority due to any erroneous compliant raised by the User on SpeakTribe with respect to the intimations mentioned above or due to a wrong number or email id being provided by the User for any reason whatsoever.
- The User represents and confirms that the User is of legal age to enter into a binding contract and is not a person barred from availing the Services under the laws of India or other applicable law.
- The User further represents and confirms that when the User wishes to avail of the Service on behalf of a minor, the User shall as the minor’s legal guardian supervise all and any use of the Services.
- The User covenants that at no time shall the User share the account details and password with the minor on whose behalf the User has availed of the Services.
- The User warrants that the User will abide by all additional procedures and guidelines, as modified from time to time, in connection with the use of the Services. The User further warrants that the User will comply with all applicable laws and regulations regarding use of the Services with respect to the jurisdiction concerned for each transaction.
- The User represents and warrants that the User Content submitted, posted or in any other way provided to SpeakTribe is in accordance with Clause 4(c ) of these Terms of Service.
- The User specifically authorize SpeakTribe to collect, store or otherwise use the User’s ‘Sensitive personal data or information’ as defined in Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011in order to provide the Services.
- SpeakTribe agrees to take all reasonable steps to prevent internet fraud and ensure any data collected from the User is stored as securely and safely as possible. However, SpeakTribe shall not be held liable in the unlikely event of a breach in SpeakTribe secure computer servers or those of third parties.
- The information on the SpeakTribe App and or other user interface is provided on an “as is” basis and the User agrees and accepts that the use of the Services provided by SpeakTribe is at the sole risk of the User, and further acknowledges that SpeakTribe disclaims all representations and warranties of any kind, whether express or implied including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Nothing herein shall to any extent substitute for the independent investigations and the sound technical and business judgment of the Users.
- In no event shall SpeakTribe be liable for any direct, indirect, incidental, punitive, or consequential damages of any kind whatsoever with respect to the Service.
- Without prejudice to the above, SpeakTribe makes no representation or warranty that the Services will meet the User’s requirements and/or the Services will be uninterrupted, timely, secure, or error-free.
- SpeakTribe takes reasonable steps to keep the SpeakTribe App and other user interface channels and its contents correct and up to date, however, SpeakTribe disclaims any guarantee that the contents are free of errors, defects, malware and viruses or that the information on the SpeakTribe App and other user interface channels are correct, up to date and or accurate.
- SpeakTribe shall not be liable for any damages resulting from the use of, or inability to use, the SpeakTribe App, including without limitation damages resulting from failure or delay in delivery of electronic communications, interception or manipulation of electronic communications by third parties or by computer programs used for electronic communications, damages caused by malware, viruses or any incorrectness or incompleteness of the information on the SpeakTribe App or other user interface.
- Although SpeakTribe may include links or access to external links and web pages, SpeakTribe is not responsible for the accuracy or the content of the information that is contained in the sites/apps. Links from SpeakTribe to third party sites/apps do not constitute an endorsement by SpeakTribe of the parties or their products and services. The appearance of the information of these third parties does not constitute an endorsement by SpeakTribe.
- SpeakTribe is not responsible for any errors, omissions or representations on any of its pages or on any links or on any of the linked app or website pages. SpeakTribe does not endorse any advertiser on its web pages in any manner. The Users are requested to verify the accuracy of all information on their own before undertaking any reliance on such information.
- SpeakTribe reserves the right, in its sole discretion, to terminate the access to any or all SpeakTribe App, websites or its other sales channels and the related Services or any portion thereof at any time, without notice, for general maintenance or any reason whatsoever.
- The ownership of all Intellectual Property rights relating to the SpeakTribe App, including but not limited to software application, codes, or any part or parts thereof, and documentation thereof shall vest solely with SpeakTribe. The User agrees and undertakes that the User shall not do the following:
- reverse engineer, decompile, translate, adapt, vary or modify the SpeakTribe App including but not limited to the software application in any manner. For the sake of clarification reverse engineer shall include taking apart the software to see how it works in order to duplicate or enhance the object;
- copy or reproduce the SpeakTribe App including but not limited to the software application or any part thereof it, to which it might be granted any access or right to use by SpeakTribe or
- in any other way using or misusing the SpeakTribe App for purpose/ purposes other than as envisaged under these Terms of Service.
- The maximum liability on part of SpeakTribe arising under any circumstances, in respect of any Services offered on the site or its apps, shall be limited to the total amount received from the User for availing the Services, less any cancellation or others charges, as may be applicable. In no case the liability shall include any loss, damage or additional expense whatsoever beyond INR 100/.
- SpeakTribe shall not be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, but not limited to, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the SpeakTribe App, website or any other user interface channel.
- SpeakTribe shall not be liable for the delay or inability to use the SpeakTribe App, websites or related services.
- SpeakTribe shall not be liable for failure to provide Services, or for any information, software, products, services and related graphics obtained through the SpeakTribe App, website, or otherwise arising out of the use of the SpeakTribe App, website, whether based on contract, tort, negligence, strict liability or otherwise.
- SpeakTribe shall not be liable for any errors, omissions or representations on any of its pages or on any links or on any of the linked apps or website pages.
- SpeakTribe shall not be liable for any infringement of intellectual property caused by the User or User Content.
- SpeakTribe shall not be liable for delays or inabilities in performance or non performance in whole or in part of its obligations due to any causes that are not due to its acts or omissions and are beyond its reasonable control, such as acts of God, fire, strikes, embargo, acts of government, acts of terrorism or other similar causes.
- The User agrees that in situations due to any technical or other failure in SpeakTribe, Services committed earlier may not be provided or may involve substantial modification. Only in such cases, SpeakTribe shall refund the amount received in advance from the User for availing such Services minus the applicable cancellation, refund or other charges, provided such failure to provide Service or substantial modification to Services occurs within the subscription period in case of in-app subscription model and within one (1) year from date of initial use/download or purchase in case of in-app purchase model. The refund made under this clause 15 (b) shall completely discharge any and all liabilities of SpeakTribe against such non-provision of Services or deficiencies. Additional liabilities, if any, shall be borne by the User.