Terms of Service
Please read these Terms of Service (“Terms”) carefully as they contain important information about your legal rights, remedies and obligations. By accessing or using the Speaketto Platform, you agree to comply with and be bound by these Terms.
Last Updated: January 29, 2020
Thank you for using Speaketto!
These Terms of Service describe the terms and conditions which you accept by using our Website or our Services. We have incorporated by reference some linked information.
- Scope of Speaketto Services
- Using Speaketto
- Account Registration
- Social Media and Networking Services
- Intellectual Property Rights Infringement
- Legal relationships between Language Learners, Language Helpers and Speaketto
- Quality of Services
- Feedback, Reputation and Reviews
- Feedback to Speaketto
- Learning Credits
- Closing Your Account
- Limitation of Liability
- Controlling Law and Jurisdiction
- Dispute Resolution between Users
- Dispute Resolution with Us
- Contacting Customer Service
- "Speaketto", "we", "our", "company" or "the company" or "us" means Bairakdar Consulting e.U. having its registered office at Kreuzgasse 60/30, 1180 Vienna, Austria, duly registered with the commercial register at the Commercial Court in Vienna under the number 491967g.
- "Website", “Platform”, “Site” means the Websites operated by Speaketto and available at: speaketto.com and any of its regional or other domains or properties, and any related Speaketto service, tools or applications, specifically including mobile web, any iOS App and any Android App, or API or other access mechanism.
- "User", "you" or "your" means an individual or legal entity who visits or uses the Website, including via the API.
- “Terms”, “Agreement”, “Terms of Service” means the terms and conditions of this Terms of Service.
- "Speaketto Account", “Account” means the account associated with your email address
- "SNS", “SNS Account” means third-party social networking sites including but not limited to Facebook, Weibo, Google+ or Twitter.
- "Speaketto Services" means all services provided by us to you.
- "Content" means all content that Speaketto makes available through the Site, Applications, Services, or its related promotional campaigns and official social media channels, including any Content licensed from a third party, but excluding User Content.
- “SNS Content" means all Content available via an SNS Account
- “User Content” means Content generated by the User on the website.
- “Language Learner” means a user who purchases Language Helper Services
- “Language Helper” means a user who offers and delivers Language Helper Services.
- “Session” means the amount of time that a Language Learner and Language Helper spend concurrently on Language Helper Services.
- “Funds” means real money represented by fiat currency.
- “Learning Credits” means virtual non-real money.
- “Wallet” means the current amount of Funds and Learning Credits that a user has.
- "Language Helper Services" means all services delivered by Language Helpers. These include paid sessions and other services rendered where Learning Credits and/or Funds are exchanged.
- “Hourly Rate” means the total amount of money charged by a Language Helper to perform Language Helper Services
- “Commission” means the fees collected by us from the Language Helper at the end of each Session.
- "Inactive Account" means a User Account that has not been logged into for a 6 month period, or other period determined by us from time to time.
- “Third-Party Services” means online services not operated or owned by Speaketto
- "Intellectual Property Rights" means any and all intellectual property rights, existing worldwide and the subject matter of such rights, including: (a) patents, copyright, rights in circuit layouts (or similar rights), registered designs, registered and unregistered trademarks, and any right to have confidential information kept confidential; and (b) any application or right to apply for registration of any of the rights referred to in paragraph (a), whether or not such rights are registered or capable of being registered and whether existing under any laws, at common law or in equity.
- "Friendly Fraud" is when a person initiates a fraud dispute with a payment provider, claiming that their credit card (or other payment method) was not intended to be used
· 2. Overview
- Speaketto provides an online platform for language learning where Users, both Language Learners and Language Helpers, can buy and sell Language Helper Services. We are not a party to any contractual agreements between Language Learner and Language Helper in the online venue, we merely facilitate connections between the parties.
- We may, from time to time, and without notice, change or add to the Website or the information, products or services described in it. We reserve the right to undertake changes and updates on the Website at any time. We are not liable to you or anyone else if any error occurs in the information on the Website or if that information is not current.
- We may amend this User Agreement and any linked information from time to time by posting amended terms on the Website, without notice to you.
3. Scope of Speaketto Services
- Before using the Website, you must read, accept and agree to comply with and be legally bound by all of the terms of this Terms of Service and all Website policies. By accepting this User Agreement as you access our Website, you agree that this User Agreement will apply whenever you use the Website, or when you use the tools we make available to interact with the Website. Some Websites may have additional or other terms that we provide to you when you use those services. If there is a conflict between these Terms and terms and conditions posted for a specific area of the Site, Application, Services, or Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, Application, Services, or Content.
- If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Site, Application or Services. Failure to use the Site, Application or Services in accordance with these Terms may subject you to civil and criminal penalties.
- If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms
- As the provider of the Speaketto Platform, Speaketto does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any Sessions. Language Helpers alone are responsible for their Language Helper Services. When Language Learners make or accept a session offered by a Language Helper, both are entering into a contract directly with each other. Speaketto is not and does not become a party to or other participant in any contractual relationship between Users, nor is Speaketto an insurer. Speaketto is not acting as an agent in any capacity for any User, except as specified in section 17 (wallet).
- You understand and agree that Speaketto is not a party to any agreements entered into between Language Learners and Language Helpers or between Users, nor is Speaketto a language services broker or agent. Speaketto has no control over the conduct of Users of the site, application and services or any services rendered between them, and disclaims all liability in this regard to the maximum extent permitted by law.
- If you choose to be a Language Helper on Speaketto, you understand and agree that your relationship with Speaketto is limited to being a User and an independent, third-party contractor, and not an employee, agent, joint venturer or partner of Speaketto for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf of or for the benefit of Speaketto. Speaketto does not control, and has no right to control, your listing, your activities associated with your profile or listed services, or any other matters related to any services that you provide. As a User you agree not to do anything to create a false impression that you are endorsed by, partnering with, or acting on behalf of or for the benefit of Speaketto, including by inappropriately using any Speaketto intellectual property.
- The Speaketto Platform may contain links to third-party websites or resources. Such Third-Party Services may be subject to different terms and conditions and privacy practices. Speaketto is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by Speaketto of such Third-Party Services.
- Speaketto is not responsible for outages or disruptions of the Internet and telecommunications infrastructure which are beyond our control and can lead to interruptions in the availability of the Speaketto Platform. Speaketto may, temporarily and under consideration of the User’s legitimate interests (e.g. by providing prior notice), restrict the availability of the Speaketto Platform or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the Spesketto Platform. Section 22 (Liability) remains unaffected. Speaketto may improve, enhance and modify the Speaketto Platform and introduce new Speaketto Services from time to time. Speaketto will provide notice to Members of any changes to the Speaketto Platform, unless such changes are of minor nature without having a material effect on the parties’ contractual obligations.
- Speaketto uses different machine learning algorithms to provide its services. We reserve the right to continuously update our algorithms and the scope of the data it utilises.
- In order to access and use the Speaketto Platform or register an Speaketto Account you must be an individual at least 18 years old or a duly organized, validly existing business, organization or other legal entity in good standing under the laws of the country you are registered and able to enter into legally binding contracts.You affirm that you are more than 18 years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of majority where you reside.
- Speaketto may make access to and use of the Speaketto Platform, or certain areas or features of the Speaketto Platform, subject to certain conditions or requirements, such as completing a verification process, meeting specific quality or eligibility criteria, meeting Ratings or Reviews thresholds, or a Member’s session history.
- User verification on the Internet is difficult and we do not assume any responsibility for the confirmation of any User’s identity. Notwithstanding the above, for transparency and fraud prevention purposes, and as permitted by applicable laws, we may, but have no obligation to (i) ask Users to provide a form of government identification or other information or undertake additional checks designed to help verify the identities or backgrounds of Users and (ii) screen Users against third party databases or other sources and request reports from service providers. You agree and authorize us to use your personal information, such as your full name and date of birth, to obtain such reports, including from Speaketto’s vendors.
- We may, at our absolute discretion, refuse to register any person or entity as a User. We also reserve the right to be able to cancel a User’s registration at any time at our sole discretion and without providing a reason.
- You cannot transfer or assign any rights or obligations you have under this agreement without prior written consent.
- We may, in our sole discretion, modify or update this Agreement from time to time, and so you should review this page periodically. If we make changes to these Terms, we will post the revised Terms on the Speaketto Platform and update the “Last Updated” date at the top of these Terms.If you disagree with the revised Terms, you may terminate this Agreement with immediate effect. Your continued access to or use of the Speaketto Platform will constitute acceptance of the revised Terms.
6. Using Speaketto
- While using the Website, you will not attempt to or otherwise do any of the following:
- post content or items in inappropriate categories or areas on our Websites and services;
- infringe any laws, third party rights or our policies;
- fail to deliver payment for services delivered to you;
- fail to deliver Language Helper Services purchased from you;
- circumvent or manipulate our fee structure, the billing process, or fees owed to Speaketto;
- post false, inaccurate, misleading, deceptive, defamatory or offensive content (including personal information);
- take any action that may undermine the feedback or rating systems (such as displaying, importing or exporting feedback information or using it for purposes unrelated to the Website);
- transfer your Speaketto account (including feedback) and Username to another party without our consent;
- distribute or post spam, unsolicited, or bulk electronic communications, chain letters, or pyramid schemes;
- distribute viruses or any other technologies that may harm Speaketto, the Website, or the interests or property of Speaketto users (including their Intellectual Property Rights, privacy and publicity rights) or is unlawful, threatening, abusive, defamatory, invasive of privacy, vulgar, obscene, profane or which may harass or cause distress or inconvenience to, or incite hatred of, any person;
- download and aggregate content from our website for display with content from other websites without our express written permission, "frame", "mirror" or otherwise incorporate any part of the Website into any other website without our prior written authorisation;
- attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by us in connection with the Website;
- copy, modify or distribute rights or content from the Website or Speaketto's copyrights and trademarks; or
- harvest or otherwise collect information about Users, including email addresses, without their consent;
- use Speaketto to facilitate money exchange including, but not limited to, cryptocurrency (e.g. bitcoin, ethereum, etc);
- use Speaketto for any illegal purposes (such as Money Laundering, Terrorist Financing) or breach any legal provisions (especially such as applicable data protection laws)
7. Account Registration
- You must register an Account to access and use certain features of the Speaketto Platform, such as having sessions with other Users. If you are registering a Speaketto Account for a business, organization or other legal entity, you represent and warrant that you have the authority to legally bind that entity and grant us all permissions provided in these Terms
- You can register a Speaketto Account using an email address and creating a password.
- You can also register a Speaketto Account through an SNS. Section 8 specifies the respective terms.
- You must provide accurate, current and complete information during the registration process and keep your Speaketto Account and public Speaketto Account profile page information up-to-date at all times.
- You may not register more than one (1) Speaketto Account unless Speaketto authorizes you to do so. You may not assign or otherwise transfer your Speaketto Account to another party.
- You are responsible for maintaining the confidentiality and security of your Speaketto Account credentials and may not disclose your credentials to any third party. You must immediately notify Speaketto if you know or have any reason to suspect that your credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your Speaketto Account. You are liable for any and all activities conducted through your Speaketto Account, unless such activities are not authorized by you and you are not otherwise negligent (such as failing to report the unauthorized use or loss of your credentials).
8. Social Media and Networking Services
- You can register a Speaketto Account by logging into your account with SNS Account, via our Site or Application, as described below. As part of the functionality of the Website, you may link your Speaketto Account with SNS Accounts, by either: (i) providing your SNS Account login information to Speaketto through the Website; or (ii) allowing Speaketto to access your SNS Account, as permitted under the applicable terms and conditions that govern your use of each SNS Account. You represent that you are entitled to disclose your SNS Account login information to Speaketto and/or grant Speaketto access to your SNS Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable SNS Account and without obligating Speaketto to pay any fees or making Speaketto subject to any usage limitations imposed by such SNS service providers.
- By granting Speaketto access to any SNS Accounts, you understand that Speaketto will access, make available and store (if applicable) any Content that you have provided to and stored in your SNS Account so that it is available on and through the Website via your Speaketto Account and Speaketto Account profile page. Unless otherwise specified in these Terms, all SNS Content, if any, will be considered to be User Content for all purposes of these Terms.
- Depending on the SNS Accounts you choose and subject to the privacy settings that you have set in such SNS Accounts, personally identifiable information that you post to your SNS Accounts will be available on and through your Speaketto Account on the Website. Please note that if an SNS Account or associated service becomes unavailable or Speaketto’s access to such SNS Account is terminated by the third-party service provider, then SNS Content will no longer be available on and through the Site, Services and Application.
- Please note that your relationship with the third-party service providers associated with your SNS accounts is governed solely by your agreement(s) with such third-party service providers. Speaketto makes no effort to review any SNS Content for any purpose, including but not limited to for accuracy, legality or non-infringement and Speaketto is not responsible for any SNS Content.
9. Intellectual Property Rights Infringement
- It is our policy to respond to clear notices of alleged intellectual property rights infringement. If you believe that your Intellectual Property Rights have been violated, please notify us via our Website and we will investigate.
10. Legal relationships between Language Learners, Language Helpers and Speaketto
- Speaketto provides the technical platform for communication and booking of text chat and video chat sessions between Language Helpers and Language Learners, willing to teach a language for a fee. Language Learners and Language Helpers can find each other on Speaketto and take advantage of the Services. Speaketto is not involved in or responsible for the Language Helper’s delivery of Language Helper Services to Language Learners or the business relationship that may be entered into by Language Learners and Language Helpers. While Language Helpers might go through a multi-step selection and vetting process, Speaketto does not guarantee the quality, safety or legality of instruction services advertised by Language Helpers, the truth or accuracy of the qualifications, background, or abilities of Language Helpers or Language Learners, the ability of Language Helpers to deliver Language Helper Services, the ability of Language Learners to pay for Language Helper Services, or that a Language Helper or Language Learner can or will actually complete a Session.
- Taxes, Reporting and Legal Responsibilities: Each User is solely responsible for satisfying any income tax, VAT, payroll tax, payroll withholding, sales and use tax, governmental reporting and other legal requirements under applicable law, including without limitation those applicable to the purchase and sale of Services from and by independent contractors.
11. Quality of Services
- While we strive to provide a high quality communication platform, we cannot guarantee that the Services will always function without disruptions, delay or errors. A number of factors may impact the quality of your communications and use of the Services, and may result in the failure of your communications. We take no responsibility or liability for any disruption, interruption or delay caused by any failure or inadequacy in any of the Services.
12. Feedback, Reputation and Reviews
- You acknowledge that you transfer copyright of any feedback, reputation or reviews you leave consisting of comments and any rating(s) (e.g. quality, communication etc.) together with any composite rating by us. You acknowledge that such feedback, reputation and reviews belong solely to us, notwithstanding that we permit you to use it on our Website while you remain a User. You must not use, or deal with, such feedback, reputation and reviews in any way inconsistent with our policies as posted on the Website from time to time without our prior written permission.
- You may not do (or omit to do) anything that may undermine the integrity of the Speaketto feedback system. We are entitled to suspend or terminate your Account at any time if we, in our sole and absolute discretion, are concerned by any feedback about you, or your feedback rating, where we believe our feedback system may be subverted.
- Our feedback ratings belong to us and may not be used for any purpose other than facilitating the provision of Language Helper Services via the Website. You may not use your Language Learner or Language Helper feedback (including, but not limited to, marketing or exporting your any or all of your composite rating(s) or feedback comments) in any real or virtual venue other than a website operated by Speaketto or its related entities, without our written permission.
13. Feedback to Speaketto
- We welcome and encourage you to provide feedback, comments and suggestions for the Services. By submitting ideas, suggestions, documents, and/or proposals (“Feedback”) to us through its suggestion or feedback webpages, you acknowledge and agree that: (a) your Feedback does not contain confidential or proprietary information as well as incorrect or false statements; (b) we are not under any obligation of confidentiality, expressed or implied, with respect to the Feedback; (c) we shall be entitled to use or disclose (or choose not to use or disclose) such Feedback for any purpose, in any way, in any media worldwide; (d) we may have something similar to the Feedback already under consideration or in development; (e) you irrevocably assign to us all rights to your Feedback; and (f) you are not entitled to any compensation or reimbursement of any kind from us under any circumstances.
- Unless otherwise agreed with us, you must not advertise an external website, product or service on the Website. Any website address posted on the Website must relate to a User or Language Helper Service being performed on the Website.
- We may display advertisements or promotions on the Website. You acknowledge and agree that we shall not be responsible for any loss or damage of any kind incurred by you as a result of the presence of such advertisements or promotions or any subsequent dealings with third parties. Furthermore, you acknowledge and agree that content of any advertisements or promotions may be protected by copyrights, trademarks, service marks, patents or other intellectual property or proprietary rights and laws. Unless expressly authorised by Speaketto or third party right holders, you agree not to modify, sell, distribute, appropriate or create derivative works based on such advertisement/promotions.
- “Speaketto”, the Speaketto logo, and any other product or service name or slogan displayed on our Services are property of Bairakdar Consulting e.U. and its suppliers. Whenever there will be logos and trademarks, they may not be copied, imitated or used, in whole or in part, without our prior written permission or the permission of the applicable trademark holder. You may not use any metatags or any other “hidden text” utilizing “Speaketto” or any other name, trademark or product or service name of Bairakdar Consulting e.U. without our prior written permission. In addition, the look and feel of our Services, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Bairakdar Consulting e.U. and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in our Services are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by us.
16. Learning Credits
- Speaketto can choose to offer Learning Credits to any or all of its users at its discretion.
- Learning Credits can be used by Language Learners to pay for the Language Helper Services
- Learning Credits can be used by Language Helper to pay for Speaketto’s commission
- You acknowledge that: (1) Speaketto is not a bank and the Wallet is a payment service rather than a banking service; and (2) Speaketto is not acting as a trustee or fiduciary with respect to your funds, but is acting only as an agent and custodian. (3) SPEAKETTO IS NOT A BANK, AND AMOUNTS TRANSFERRED THROUGH OR STORED IN THE WALLET OR WALLET ARE NOT INSURED DEPOSITS.
- In order to deposit Funds in your wallet, you use a third party payment method (example: credit card, “Sofort Ueberweisung”, and others) to pay for the necessary amount. By providing Speaketto with your credit card or bank account information, you authorize us to charge such credit card or bank account for the amounts stated on the payment page. Following a successful transaction, your Wallet will have the corresponding amount of Funds.
- Authorized payments are final. The User has the right to invoke the right of withdrawal within 14 days as per § 11 Paragraph 1 FAGG. However, if the user performs any Session that uses deposited funds within the withdrawal period, the right of withdrawal does not apply. No refunds will be given for deposited Funds.
- Should the user request to invoke the right of withdrawal, they should contact Customer Service to provide them with the withdrawal form.
- When depositing funds, there may be fees that are charged to a User by the third party payment provider or the User’s bank. These fees are not under Speaketto’s control, and Speaketto disclaims all liability in this regard. Whatever Payment Method you use may be subject to additional terms and conditions imposed by the applicable third-party payment provider. It is up to the user to review the terms and conditions before using a third party payment method.
- Speakettp collects commission fees when a Language Helper Services are performed. For each transaction on the Site or Application, the commission is 10% of the total cost of the Session ("lesson"). Fees due to Speaketto are deducted upon transfer of Learning Credits and Funds to the Language Helper Wallet.
- The balance shown on the Wallet is the full balance after all fees have been deducted. Amounts may be rounded up.
- Speaketto may, in its sole discretion, round up or round down amounts that are payable from or to users to the nearest whole functional sub-base unit in which the currency is denominated (e.g. to the nearest cent of a Euro); for example Speaketto will round up an amount of $101.401 to $101.41.
- Withdrawing is only possible for Funds and not Learning Credits
- Withdrawing is only available for Users with bank accounts within European Union. If you do not have a bank account within the European Union, please contact us directly at firstname.lastname@example.org prior to performing any Language Helper Services.
- When withdrawing Funds, there may be fees that are charged to a user by the third-party payment method or the User’s bank. These fees are not under Speaketto’s control, and Speaketto disclaims all liability in this regard. Whatever third-party payment method that is used by Users may be subject to additional terms and conditions imposed by the third-party payment provider. It is up to the users to review the terms and conditions before using a third-party payment method.
- Speaketto reserves the right to seek reimbursement from a User if Speaketto, in its sole discretion, (a) provides a refund to a Language Learner if the Language Helper cannot promptly deliver the purchased Language Helper Services, or (b) discover erroneous or duplicate transactions. The User authorizes Speaketto to obtain such reimbursement by deducting from future payments owed to the Users, reversing any transactions to the User’s Account, debiting the User's bank account, or seeking such reimbursement from the User by any other lawful means.
- Speaketto Learning Credits and funds in a user account will be valid for as long as the user remains active on Speaketto. If the member has not logged into his/her account at least once in the previous year, the Learning Credits and Funds will expire. For a user to keep their Learning Credits and Funds active, they must login at least once every year to their Speaketto account. Learning Credits and Funds are then valid for another 1 year following the most recent login date.
- The Wallet Learning Credits and Wallet are tied to Euros. Speaketto is not responsible for currency fluctuations that occur when billing or crediting a credit or debit card denominated in a currency other than EURO, nor is Speaketto responsible for currency fluctuations that occur when receiving or sending payment via third party payments when purchasing Funds or withdrawing a Funds balance.
- Funds are valid only when purchased on Speaketto or through authorized Speaketto partners. Learning Credits cannot be resold or redeemed as Funds. Funds and Learning Credits redeemed from Gift Cards or Vouchers purchased through unofficial sources or channels are subject to cancelation without notice.
- As a security measure, Speaketto may impose transaction limits on some or all users relating to the value of any transaction or disbursement, the cumulative value of all transactions or disbursements during a period of time, or the number of transactions per day or other period of time. We will impose these limits before any services are rendered if we determine it is necessary for security reasons or the prevention of fraud.
- Speaketto reserves the right to void Funds purchases if purchases are found to be fraudulent. This includes Learning Credits that have been redeemed from fraudulent Gift Card purchases.
- Speaketto may earn interest or other compensation from the balances in bank accounts that result from the timing difference between the payment for Language Helper Services and the disbursement of the corresponding funds to Language Helpers. Users are not entitled to any such interest or other compensation.
- Speaketto reserves the right to seek reimbursement from any User. The user will reimburse Speaketto if Speaketto discovers erroneous or duplicate transactions for the amount of such transactions from such users. Speaketto may obtain such reimbursement by deducting from future payments owed to such users, by reversing any credits to such user's bank account(s), or by seeking reimbursement from such user by any other lawful means.
- Friendly Fraud is illegal and prohibited by all payment providers. Speaketto also strictly opposes friendly fraud. If friendly fraud is discovered, the user’s account and wallet will be deactivated, purchased credits will be confiscated, and the user will be noted as a financial security risk. In the case of honest mistakes, Speaketto can reverse the transaction. We strongly advise users to contact Speaketto customer service (email@example.com) to resolve any financial disputes.
- A language helper understands and agrees that they are solely responsible for determining their applicable Tax reporting requirements and obligations relating to applicable Taxes for their services. They are also solely responsible for remitting to the relevant authority any Taxes included or received. Speaketto cannot and does not offer Tax-related advice to any Members.
- Speaketto is required by law to charge Value Added Tax for each commission it collects. VAT is only charged on Funds and not Learning Credits
19. Closing Your Account
- You may close your Account at any time. The option is located in the Account Settings. Account closure is subject to:
- resolving any outstanding matters (such as a suspension or restriction on your Account); and
- paying any outstanding fees or amounts owing on the Account.
- We may retain some of your personal information to satisfy regulatory requirements and our own external obligations and other purposes within the limits of the European General Data Protection Regulation (GDPR). Therefore, closing your account does not necessarily delete or remove all of the information we hold.
- The services provided by Speaketto or any of our language helpers are provided "as is," as available, and without any warranties or conditions (express or implied, including the implied warranties of merchantability, accuracy, fitness for a particular purpose, title and non-infringement, arising by statute or otherwise in law or from a course of dealing or usage or trade). We make no representations or warranties, of any kind, either express or implied, as to the quality, identity or reliability of any third party, or as to the accuracy of the postings made on the web site or application by any third party. Some jurisdictions do not allow limitations on how long an implied warranty lasts, so some of the above limitations may not apply to you.
22. Limitation of Liability
- As to the maximum extent permitted by law we or Language Helpers shall not be liable to you or any other User for any special, indirect, consequential, incidental or punitive damages pursuant to this agreement, including but not limited to, loss of profits, loss of business opportunities or loss of goodwill, even if advised of the possibility of such damages.
- Notwithstanding any other provision of this agreement, in no event will our liability to you for any action or claim related to the services provided under this agreement, whether based on contract, tort, negligence or any other theory of liability, exceed in the greater of: (a) €100 or (b) the aggregate amount of service charges actually collected by us from you for the services to which the liability relates during the six (6) month period immediately preceding the determination of such liability. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so this limitation and exclusion may not apply to you.
- You will indemnify us (and our officers, directors, agents, subsidiaries, joint venturers and employees) against any claim or demand, including legal fees and costs, made against us by any third party due to or arising out of your breach of this Agreement, or your infringement of any law or the rights of a third party in the course of using the Website and Freelancer Services.
- In addition, we can apply any funds in your Account against any liabilities you owe to us or loss suffered by us as a result of your non-performance or breach of this User Agreement.
- Unless you otherwise indicate in writing to Customer Service, Speaketto will communicate with you by email or by posting communications on this Site or Application. You consent to receive communications from us electronically and you agree that these electronic communications satisfy any legal requirement that such communications be in writing. You will be considered to have received a communication when Speaketto sends it to the email address you have provided to Speaketto on this Website, or when Speaketto posts such communication on this Site. You must keep your email address updated on this Site, and you must regularly check this Site for postings. If you fail to respond to an email message from Speaketto regarding violation, dispute or complaint within two business days, Speaketto will have the right to terminate or suspend your membership or your registration.
- All notices to Speaketto intended to have a legal effect concerning this Agreement must be in writing and delivered either in person or by a means evidenced by a delivery receipt, to the following address:
Bairakdar Consulting e.U.
1180 Vienna, Austria
Such notices to Speaketto are deemed effective upon receipt.
25. Controlling Law and Jurisdiction
- These conditions and the legal relationships between you and Speaketto are subject exclusively to the laws of Austria to the exclusion of conflict of laws and are interpreted in accordance with these laws. The Vienna Convention on the International Sale of Goods of 1980 (abbreviation: CISG) does not apply. The place of performance and place of jurisdiction is Vienna. The provisions of the Austrian Consumer Protection Act (“Konsumentenschutzgesetz”) may require an alternate Jurisdiction or applicable law..
26. Dispute Resolution between Users
- Any Language Learner who is dissatisfied with the provided Language Helper Services is required to contact the Language Helper directly through the Site or Application regarding any issues or complaints. Language Helper should try to resolve any issue or complaint directly with the Language Learner first.
- If the issue or complaint cannot be resolved, between the Language Helper and the Language Learner, Speaketto will use all records of communication as evidence to make a determination on how to adjudicate the dispute. Speaketto shall have the right, in our sole discretion:
- To transfer learning credits and/or funds, offer a refund, or reverse a transaction.
- To designate who shall bear the expenses resulting from any such actions.
27. Dispute Resolution with Us
- To the extent permitted by law (especially the Austrian Consumer Protection Act) this Agreement or any claim, cause of action or dispute arising out of or related to this Agreement shall be governed by the laws of Austria, regardless of your country of origin or where you access the Services, and notwithstanding of any conflicts of law principles and the United Nations Convention for the International Sale of Goods. You and Speaketto agree that all claims arising out of or related to this Agreement must be resolved exclusively by court located in Vienna, Austria, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. Notwithstanding the above, you agree that Speaketto shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
- For any claim (excluding claims for injunctive or other equitable relief), Speaketto may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event Speaketto elects arbitration, it shall initiate such arbitration through an established alternative dispute resolution provider appointed by the Austrian Economic Chamber (“Wirtschaftskammer Österreich”) in Vienna, Austria. The alternative dispute resolution provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be mutually agreed by the parties; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator shall be final.
- You may not assign or transfer these Terms, by operation of law or otherwise, without Speaketto’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Speaketto may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
- The failure of Speaketto to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Speaketto. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
30. Contacting Customer Service
- If you wish to report a violation of Site, Application or Service Policies, have any questions or need assistance, please contact Speaketto Customer Service as follows: