Please read the following Terms of Use carefully before using the website www.talkety.com or ordering/downloading any of Innovation Kitchen’s products, so that you (“User”) are aware of your legal rights and obligations with respect to using the services and/or products of Innovation Kitchen Ltd. (“Innovation Kitchen”).
1. Scope of Use
By using and/or registering on the website www.talkety.com (“Website”), User gives its irrevocable acceptance of these Terms of Use and the Privacy Policy of Innovation Kitchen, which are collectively referred to as the “Agreement.” User also agrees to ensure that anyone who uses Talkety on its computer also abides by these Terms of Use.
Innovation Kitchen has the right to revise the Terms of Use at any time without providing notice to its Users. User’s continued use of the website shall be deemed as irrevocable acceptance of any revisions. Innovation Kitchen reserves the right to change, modify, suspend or discontinue any portion of the Website at any time without notice or liability. Innovation Kitchen may also impose limits on certain features or restrict Users access to parts or the entire website without notice or liability.
2. Registration
To use the services of Innovation Kitchen, User is obliged to register. As part of the registration process, User will select a password (“Password”) and User Name (“User Name”). User shall provide Innovation Kitchen with accurate, complete, and updated Account information. Failure to do so shall constitute a breach of this Terms of Use, which may result in immediate termination of Users Account. User may not (i) select or use a User Name of another person with the intent to impersonate that person; (ii) use a name subject to the rights of any other person without authorization; or (iii) use a User Name that Innovation Kitchen, in its sole discretion, deems inappropriate or offensive.
User shall notify Innovation Kitchen of any known or suspected unauthorized use(s) of User’s Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of Users password. User shall be responsible for maintaining the confidentiality of Users password. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your Account, at Innovation Kitchen’s sole discretion, and you may be reported to appropriate law-enforcement agencies.
3. Services
Any software and accompanying documentation that are made available by download from the Website are the work of Innovation Kitchen. The Use of the Software is governed by the terms of the End User License Agreement that accompanies or is included with Software and is also referenced on this website. User will not be able to download or install any software that is accompanied by or includes an End User License Agreement unless User agrees to the terms of such End User License Agreement. If User does not agree to such terms, User will not be able to use the Software. User is not entitled to decompile, reverse engineer or otherwise attempt to discover the source code of the Software available on the website. Some of the Services available on the Website are available free of charge, others User will be charged. Those Services that are not free of charge will be clearly marked as Services that will be “not free of charge” and will only be activated after prior expressed consent of User.
Innovation Kitchen is entitled to change offers and to increase prices. Specifically, User is not entitled to a refund in the event that Innovation Kitchen offers services free of charge that were previously offered at a cost to the User.
4. User account
To procure Innovation Kitchen, User must deposit a credit balance on User’s Account by credit card, promotional voucher, or other means which may be made available by Innovation Kitchen. New accounts paid by credit card are activated immediately upon receipt and validation of credit information. For such activation, User must give Innovation Kitchen a valid credit card number (Visa, MasterCard). Innovation Kitchen reserves the right to stop accepting credit cards from one or more issuers. Please note that as an anti-fraud measure, credit cards will not be accepted for payment when the registered name on the account differs from the cardholder name.
Users are limited to one Personal Account per person. With a Personal Account, you will be limited in the number of calls you can make per day. You may upgrade to a “Pro” account by paying a fee, in which case you will be entitled to unlimited calls and conferencing. A comparison of the two accounts is available for your review at:
5. Offers and Settlement
All offers and Services are subject to confirmation and are given without obligation. The offer of services that require payment will be made to the User via the Website. By accepting these Terms of Use, User agrees to this kind of offer. Credit card payments get charged instantly. Transactions will appear as “Talkety.com” on the credit card statement. This site uses 128 bit ssl encryption.
6. Warranties
The Services provided to User are subject to statutory rights, but are otherwise provided without any warranty and not subject to any condition, expressed or implied, except as otherwise stated in writing. Innovation Kitchen makes no representations or warranties regarding the condition of the products and services provided. Innovation Kitchen will do its best to maintain the operation of its Services, however, Innovation Kitchen does not guarantee continuous, uninterrupted or secure access to the Services, and operation of Innovation Kitchen’s website may be affected by various factors beyond Innovation Kitchen’s control.
Innovation Kitchen’s warranty is limited to the remedy of defects, which may be undertaken by subsequently remedying the defect or, at Innovation Kitchen’s option, by supplying a replacement. A right to reduce the price or to claim damages shall only arise if an attempt to remove the defect (subsequent remedy or supply of a replacement) has failed, which can only be presumed if, despite sufficient time to remove the defect, subsequent remedy or the supply of a replacement is unreasonable to expect or impossible or there are other justified reasons for doubting the prospects of success.
7. Disclaimer
Innovation Kitchen includes links to other websites on the World Wide Web and that Innovation Kitchen has no control over, and makes no representations of any kind whatsoever, regarding the content or appropriateness of content on such websites and User hereby irrevocably waives any claim against Innovation Kitchen with respect to such web sites.
8. Liability
Innovation Kitchen shall only be liable for such loss or damage caused directly by breach of a material term of the Agreement. Under these circumstances the liability of Innovation Kitchen is limited to any loss or damage which User may suffer as a direct result of using the Services of Innovation Kitchen excluding, without limitation, losses resulting from Users access to websites others than Innovation Kitchen.
In no event Innovation Kitchen shall be liable for any direct or indirect loss of profit, goodwill, business or anticipated savings, nor for any indirect or consequential loss.
If Innovation Kitchen causes direct damage to User because of a breach of an important obligation of the contract, Innovation Kitchen ´s liability shall be limited to a maximum amount of EUR 5.000,00 (five thousand Euro) per breach of obligation per contract year. This limitation of liability shall also apply in case of willful misconduct or gross negligence caused by a breach of important obligations arising from this contract with Innovation Kitchen, its affiliates or agents.
Innovation Kitchen ´s liability and the liability of its affiliates, subsidiaries, agents, suppliers and/or subcontractors to User and any third parties in any circumstances is limited to the greater of a) the amount of fees User paid Innovation Kitchen within a period of 12 (twelve) months prior the action giving the claim for liability, or b) the value of the transaction or stored value giving rise to dispute.
Innovation Kitchen shall not be liable for any limitations, obstacles, interferences, disruptions or delays of its provided services and/or programs that lay beyond the control of Innovation Kitchen. Specifically, Innovation Kitchen does not guarantee uninterrupted service, as Innovation Kitchen has no control over, and assumes no responsibility for, the availability and reliability of third party telecommunication networks, or for transmission errors or alterations to data, transmitted by third party telecommunication networks or systems.
Innovation Kitchen hereby advises User that according to the current state of technology it is not possible to provide services/programs that work free of any failures on all applications and/or combination(s) of applications. Therefore, Innovation Kitchen shall not be liable for any failures arising from the services/programs which Innovation Kitchen provides. Specifically, Innovation Kitchen does not guarantee that its services/programs work free of any failures in or with applications of third parties.
9. Term and Termination
Unless otherwise stated, the license for the use of the website and the Software is effective until terminated by either party. Each party has the right to terminate this Agreement at any time
Innovation Kitchen is entitled to terminate the Agreement upon conditions set forth elsewhere within this Terms of Use or if User fails to comply with any term or condition of this Terms of Use.
In such event, no notice shall be required by Innovation Kitchen to effect such termination. Upon termination of this Terms of Use, User shall destroy the Software and materials together with all backup copies, modifications, printed or written materials, and merged portions in any form, or return the same to Innovation Kitchen at Users expense.
10. Closing of User account / refund policy
User can request a refund for unused and/or unexpired credits at any time by submitting a refund request to Innovation Kitchen Customer Support via email (support@talkety.com). Refund requests submitted through any other means shall not be eligible for refund.
For the avoidance of doubt, no refunds shall be given for services paid or credited through vouchers. Innovation Kitchen reserves the right to deny repetitive refund requests.
Upon a duly submitted refund request, Innovation Kitchen will refund User the credit balance of User’s Innovation Kitchen Credit.
All refunds shall be paid either through the original payment method used and addressed to such person that deposited the credit initially or User’s Innovation Kitchen Credit shall be adjusted accordingly. Further Innovation Kitchen will refund User credit balance in the event User terminates User’s Account(s) or in the event that Innovation Kitchen terminates this Agreement without serious cause.
Any abuse by User of the terms relating to refunds hereunder shall lead to the termination of this Agreement.
11. Participating Rules
User may not disseminate through Innovation Kitchen any messages or offers of materials that are defamatory, pornographic, an invasion of privacy, obscene, abusive, illegal, racist, offensive, harmful to a minor or an infringement upon the intellectual property rights of a third party or would otherwise violate the rights of any third party.
User may not disseminate through Innovation Kitchen any messages or offers that solicit funds or services, or that contain advertising.
If, at any time, User uploads or posts materials, including but not limited to, comments, suggestions, problem reports, bug reports and/or design ideas to the Website, User automatically grants Innovation Kitchen a non-exclusive, royalty-free, perpetual license of all rights throughout the universe to use, edit, modify, include, incorporate, adapt, record and/or reproduce the materials including, without limitation, granting Innovation Kitchen all intellectual property rights associated therewith, in any manner whatsoever, in or out-of-context, in all languages, in all media now known and hereafter devised, and to use the User materials in advertising, promotion and publicity for the Website, Innovation Kitchen and its or their products and services, in any and all media now known or hereafter devised.
12. Indemnification
User agrees to indemnify and hold Innovation Kitchen and its employees harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to, or arising out of, content User submits, posts to, or transmits through, the website, User’s use of the website, its connection to the website, Users violation of the Terms of Use, or Users violation of any rights of another person or entity.
13. Assignment of claims
User is not entitled to assign any claims – in whole or in part – to third parties without having the prior written consent of Innovation Kitchen via email or telefax .
14. Applicable Law
By accessing the Website, User and Innovation Kitchen agree that all matters relating to access of User to, or use of, the Website shall be governed by, and construed in accordance with, the laws of Germany, without giving effect to any principles of conflicts of law.
