TERMS OF USE

Introduction

This “Terms of Use” is an electronic record under the Information Technology Act, 2000 and any amendments made thereto along with the rules framed thereunder, as applicable, pertaining to electronic records. This electronic record is generated by a computer system and does not require any physical or digital signatures.

TalkiBooki owns & controls the domain name www.talkibooki.com. The TalkiBooki platform(s) allows users to access & listen to audio content including audio-stories, audio-series, audio-books, podcasts & blogs (collectively called as ‘Content’) that is streamed over the internet to the devices with minimum system requirements.

For the purpose of these Terms of Use, wherever the context so requires ‘Company’, ‘Our’ or ‘Us’ means TalkiBooki and ‘You’, ‘Your’, ‘Yourself’ or ‘User/Subscriber’ shall mean any natural or legal person who uses, accesses or avails the TalkiBokki platform(s).

Your use of the TalkiBooki platform(s), access to Content and/or Service(s) are governed by the ‘Term of Use’ & ‘Privacy Policy’. Your mere use or access of TaliBooki platform(s) constitute Your acceptance of this Terms of Use and the Privacy Policy accessible at www.talkibooki.com; and any other terms which govern the TalkiBooki platform(s), and if You do not agree to these Terms of Use & the Privacy Policy, You must not avail of/use the Service(s) and any use thereafter shall be deemed unauthorised.

Since terms of use are important and regulate the relationship between yourself and TalkiBooki and as such affect your legal rights and obligations. So we encourage You to take a moment and read these terms carefully.

Age Limit and Account Eligibility

To be eligible to enter into these Terms and set up an account or enter into a subscription plan with TalkiBooki You must

a) have authorization and legal power to enter into this agreement by law in the country where the Service is made available to You,
c) agree to be bound by these Terms.

You must also provide TalkiBooki with correct information about Yourself when registering an account with us and provide correct contact details and a valid method of payment. Agreeing to the Terms and providing such information is a requirement for Your access to and use of the Service. If You do not agree to the Terms You may neither use the Service or its functions and functionalities nor consume any Content provided in the Service.

Provided Service

TalkiBooki provides a personalized digital subscription service through which You as a Subscriber can stream audio-stories, audio-series, audio-books, podcasts & blogs on Your mobile phone & tablet or via other internet accessible devices accessed via the TalkiBooki app or any other TalkiBooki preinstalled software. Additionally, the Service includes personalized recommendations, messages, and features developed and modified specifically for You to enhance Your user experience. TalkiBooki may also from time to time offer access to different kinds of social media forums, which may or may not be open to the public, in order to further enhance and enrich Your user experience. Unless otherwise agreed in any supplemental terms or under a subscription plan offered to You by TalkiBooki to which You have agreed, the Service, as described above, may only be used for Your non-commercial personal use in accordance with the Terms.

In order to use the Service, You must use a an internet-connected device compatible with TalkiBooki’s technical requirements or one of TalkiBooki’s business partner platforms onto which TalkiBooki’s application is installed and provide us or our business partner with Your choice of the payment methods accepted by TalkiBooki and as applicable from time to time. TalkiBooki reserves the right however to modify technical requirements for the use of the Service and to change, add or remove business partners and payment methods from time to time. Any modification to the ‘Terms of Use’ will reflect on the TalkiBooki website first.

Subscription plans

TalkiBooki offers the Service through different kinds of subscription plans, which could mean and include but not be limited to: promotional plans, plans provided by (or bundled with) third parties, plans based on the number of offered simultaneous streams, or plans based on limitations in the Content provided.

TalkiBooki reserves the right, at its own discretion, to add new plans, remove existing plans or to change any features or functionalities of such subscription plans from time to time. Where such change materially affects an existing subscription plan to the detriment of a Subscriber, the Subscriber will be informed thereof and have the possibility to terminate the Service.

The number of simultaneous streams offered under a subscription plan will depend on the type of subscription plan that You have signed up to and will be stipulated in more detail in the supplemental terms and conditions separately accepted.

The length of your Billing Cycle will depend upon the Subscription Plan chosen by You.

Information about Your current subscription plan is always available by accessing Your account on the TalkiBooki app.

Payments

TalkiBooki cooperates with third party payment service provider Razorpay through which all Your payments will be made before settled with TalkiBooki.

Subscriptions are paid Monthly or Yearly in advance until the subscription is terminated or as otherwise specified. As regards the timing of the monthly payments, You will be charged once every thirty (30) days, commencing on the date when You activate Your subscription, or in the case where the subscription, if, started with a Free Trial from the date of the expiry of such Free Trial unless the subscription has been terminated by You or TalkiBooki before such time. In some cases, the date on which You will be charged will change, for example, if it is not possible to confirm the date of validity of information regarding Your chosen payment method such as eg. Your credit card details.

Prices

Prices are displayed on the TalkiBooki app.

All prices include GST.

Payment can be made through third party payment gateway – Razorpay through modes like Credit / Debit Cards, UPI, Netbanking.

Prices may vary depending on type of payment method used. Please note, prices do not include any data communication costs or fees which Your internet or telecommunication service provider may claim under Your contract with such service provider.

In the event of default of or a delayed payment, TalkiBooki reserves the right to suspend or terminate Your access to the Service. In such cases, please log in to the TalkiBooki app with Your username and password and re-activate Your subscription from within Your TalkiBooki subscription section.

Intellectual Property Rights

The Service is our copyrighted property and contains the copyrighted property of our licensors or licensees, and all trademarks, service marks, trade names, trade dress and other intellectual property rights in the Service or in the Content available to You from within the Service are owned by us or our licensors or licensees or any affiliated companies. Except as we specifically agree in writing, no element of the Service or its content may be used or exploited in any way other than as part of Service offered to You under the Terms. You may own the physical device on which elements of the Service are delivered to You, but we retain full and complete ownership of the Service and all the intellectual property rights vested therein. We do not transfer rights or title to any portion of the Service to You nor do we transfer any rights or title to any portion of the content made available from within the Service to You. Nothing provided by any brand owned or licensed by TalkiBooki should be construed as granting, by implication or otherwise, any license or right of use of any trademark displayed on or within the Service to You.

TalkiBooki’s rights and responsibilities

As part of providing the Service, TalkiBooki may contact You by e-mail, telephone, SMS or directly via the Service for the purpose of communicating regarding the functionalities (including sending reminders about expiration dates of subscription) and the Content of the Service.

All communication between TalkiBooki and the Subscriber shall be in accordance with TalkiBooki’s privacy policy.

TalkiBooki is not liable for any disruption to mobile networks or in the service of internet providers.

The Service is available around the clock, seven (7) days a week. However, TalkiBooki provides no guarantee that the Service will always be free of errors or interruptions. If there are any faults or interruptions affecting the Service, TalkiBooki will be given the opportunity to correct these without there being a breach of contract, i.e. of the Terms. TalkiBooki also has the right, within reason, to close the Service, for example, for carrying out upgrades and maintenance.

TalkiBooki has the right, fully or partly, to transfer its rights and obligations under the Terms to third parties. TalkliBooki also has the right to engage subcontractors to carry out its obligations under the Terms. Any such changes which may affect the processing of Your personal data shall be handled in accordance with the TalkiBooki’s Privacy Policy.

TalkiBooki may, at its own discretion, make changes in the Terms. In case of any modification, the same will be reflecting on TalkiBooki’s website.

The Subscriber’s rights and responsibilities

Unless otherwise follows from any applicable supplemental terms, the Subscriber may listen to the Content and use the Content in the Service for the Subscriber’s private non-commercial use only.

Your account details (including but not limited to login details) are personal and they may not be shared with others.

The Subscriber undertakes not to circumvent or to attempt to circumvent the technical or other limitations in place to prevent copying of the Content in the Service and to not copy, either in whole or in part, any content in the Service, even for private use.

You acknowledge and agree that Your access to and use of the Service shall comply with the Terms. You also acknowledge and agree the same for everyone whom You allow access to the Service via Your account. Access to any other user may only be granted by You in accordance with the Terms.

If You are offline from the Service for a period of thirty (30) days or more and have temporarily downloaded content into the app, TalkiBooki may require You to go to log in to the app to ensure that You still have an active subscription of the Service and to update the Content in the Service. If You refuse to do so TalkiBooki reserves the right to suspend any further use of the Service until You have verified that You have an active subscription with TalkiBooki. If no such subscription is verified TalkiBooki may, at its own discretion, continue to suspend the Service or to terminate Your account.

You are responsible for ensuring that the information provided at registration is correct and that any personal data provided to TalkiBooki, is correct.

You are responsible for maintaining control over Your account, to prevent undue access to the Service and undertakes not to reveal Your password or any other personalized details associated with Your account for as long as You subscribe to the Service.

In any reviews of any content available in TalkiBooki, that the Subscriber writes, the Subscriber is responsible for ensuring that the Subscriber’s opinions are expressed in accordance with applicable laws and with respect to others and that the Subscriber does not use words or phrases that may be perceived as discriminatory or unnecessarily offensive or objectionable in forums that may be associated with TalkiBooki.

It is Subscriber’s responsibility to ensure that the Subscriber does not post, use or share intellectual property belonging to a third party or post, use or share content or comments that is or may likely be interpreted as illegal, e.g. defamatory content, materials portraying or suggesting sexual abuse or online hate comments.

The Subscriber has no right to transfer his/her rights and obligations under the Terms, unless the Subscriber has TalkiBooki’s written consent to do so.

Contracting party

The Service is provided and made available to You under the Terms by Radium Kite Services, a partnership company incorporated in India with registered address at 63/1, Prince Baktiar Shah Road, Kolkata 700033. To contact us or our customer service department, please send an e-mail to subho@talkibooki.com

Last reviewed : 19th January, 2022.