Josh Talks Websites (“Websites”) and mobile applications (“Apps”) and related services (together with the Websites, the “Service”) are operated by Josh Talks Pvt Ltd. (“Josh Talks,” “us,” or “we”). Access and use of the Service is subject to the following Terms and Conditions of Service (“Terms and Conditions”). By accessing or using any part of the Service, you represent that you have read, understood, and agree to be bound by these Terms and Conditions including any future modifications. Josh Talks may amend, update or change these Terms and Conditions. If we do this, we will post a notice that we have made changes to these Terms and Conditions on the Websites for at least 7 days after the changes are posted and will indicate at the bottom of the Terms and Conditions the date these terms were last revised. Any revisions to these Terms and Conditions will become effective the earlier of (i) the end of such 7-day period or (ii) the first time you access or use the Service after such changes. If you do not agree to abide by these Terms and Conditions, you are not authorized to use, access or participate in the Service.
The Service allows users to access and use a variety of educational services, including learning or practicing a language. Josh Talks may, in its sole discretion and at any time, update, change, suspend, make improvements to or discontinue any aspect of the Service, temporarily or permanently.
Acceptable Use of the Services
You are responsible for your use of the Services, and for any use of the Services made using your account. Our goal is to create a positive, useful, and safe user experience. To promote this goal, we prohibit certain kinds of conduct that may be harmful to other users or to us. When you use the Services, you must comply with our Community Guidelines.
Some of our Services have additional terms and conditions (“Additional Terms”). Where Additional Terms apply to a Service, we will make them available for you to read through your use of that Service. By using that Service, you agree to the Additional Terms.
Registration; Submission of Content
In connection with registering for and using the Service, you agree (i) to provide accurate, current and complete information about you and/or your organization as requested by Josh Talks; (ii) to maintain the confidentiality of your password and other information related to the security of your account; (iii) to maintain and promptly update any registration information you provide to Josh Talks, to keep such information accurate, current and complete; and (iv) to be fully responsible for all use of your account and for any actions that take place through your account.
As a condition of submitting any ratings, reviews, information, data, text, photographs, audio clips, audio-visual works, translations, or other materials on the Services (collectively, “Content”). you hereby grant to Josh Talks a full-paid, royalty-free, perpetual, irrevocable, worldwide, nonexclusive, transferable, and sublicensable license to use, store, reproduce, copy, adapt, modify, merge, distribute, publicly display, create derivative works from, incorporate such Content into other works; sublicense through multiple tiers the Content, and acknowledge that this license cannot be terminated by you once your Content is submitted to the Services. You represent that you own or have secured all legal rights necessary for the Content submitted by you to be used by you, Josh Talks, and others as described and otherwise contemplated in these Terms and Conditions. You understand that other users will have access to the Content and that neither they or Josh Talks have any obligation to you or anyone else to maintain the confidentiality of the Content.
Your Representations and Warranties
You represent and warrant to Josh Talks that your access and use of the Service will be in accordance with these Terms and Conditions and with all applicable laws, rules and regulations of India and any other relevant jurisdiction, including those regarding online conduct or acceptable content.
You represent and warrant that (1) you are not organized under the laws of, operating from, or otherwise ordinarily resident in a country or territory that is the target or comprehensive India economic or trade sanctions (i.e., an embargo) or (2) identified on a list of prohibited or restricted persons, or (3) otherwise the target of Indian sanctions.
You will not upload, display or otherwise provide on or through the Service any content that: (i) is libellous, defamatory, abusive, threatening, harassing, hateful, offensive or otherwise violates any law or infringes upon the right of any third party (including copyright, trademark, privacy, publicity or other personal or proprietary rights); or (ii) in Josh Talks’ sole judgment, is objectionable or which restricts or inhibits any other person from using the Service or which may expose Josh Talks or its users to any harm or liability of any kind.
Indemnification of Josh Talks
You agree to defend, indemnify and hold harmless Josh Talks and its directors, officers, employees, contractors, agents, investors, suppliers, licensors, successors and assigns, from and against any and all losses, claims, causes of action, obligations, liabilities and damages whatsoever, including legal fees, arising out of or relating to your access or use of the Service, any false representation made to us (as part of these Terms and Conditions or otherwise), your breach of any of these Terms and Conditions, or any claim that any translation we provide to you is inaccurate, inappropriate or defective in any way whatsoever.
License to Apps
Subject to the terms of these Terms and Conditions, Josh Talks grants you a non-transferable, non-exclusive license to download, install, and use one copy of each App in object code form only on an interactive wireless device that you own or control. You may not derive or attempt to derive the source code of all or any portion of any App, permit any third party to derive or attempt to derive such source code, or reverse engineer, decompile, disassemble, or translate any App or any part thereof. Josh Talks and its licensors own and shall retain all intellectual property rights and other rights in and to the Apps, and any changes, modifications, or corrections thereto.
If you purchase a subscription through the Service, your Josh Talks account will be billed once for the subscription until you choose to renew it. After your initial subscription period, and again after any subsequent subscription period, your subscription will not automatically renew for an additional equivalent period, in order to continue the use of service you need to renew manually.
In the Service, you may purchase, with “real world” money.
You agree to pay all fees and applicable taxes incurred by you or anyone using a Josh Talks account registered to you. Josh Talks may revise the pricing for the goods and services offered through the Service at any time. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Service must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Service at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.
In the event that Josh Talks suspends or terminates your use of the Service for breach ofor these Terms and Conditions, Community Guideline or otherwise, you understand and agree that you will receive no refund or exchange of any kind, including for any unused virtual currency or other Virtual Item, any Content or data associated with your use of the Service, or for anything else.
In the event that you want to suspend your subscription, you can do so within the subscription period by reaching out to the customer support team of Josh Talks and requesting a refund. The team may request to you to give suggestions, feedback related to the service and your termination of the service. In the event that you wish to terminate the use of the Service within the first 30 days of making a purchase, you contact the customer support team of Josh Talks (link to be added here) to avail a refund. However, after the lapse of the first 30 days, you will not be eligible for a refund.
Representations & Warranties
The service, including all images, audio files and other content therein, and any other information, property and rights granted or provided to you by josh talks are provided to you on an “as is” basis. Josh talks and its suppliers make no representations or warranties of any kind with respect to the service, either express or implied, and all such representations and warranties, including warranties of merchantability, fitness for a particular purpose or non-infringement, are expressly disclaimed. Without limiting the generality of the foregoing, Josh Talks does not make any representation or warranty of any kind relating to accuracy, service availability, completeness, informational content, error-free operation, results to be obtained from use, or non-infringement. Access and use of the service may be unavailable during periods of peak demand, system upgrades, malfunctions or scheduled or unscheduled maintenance or for other reasons. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
Limitation of Liability
To the maximum extent permitted by applicable law, in no event will Josh Talks be liable to you or any third party claiming through you (whether based in contract, tort, strict liability or other theory) for indirect, incidental, special, consequential or exemplary damages arising out of or relating to the access or use of, or the inability to access or use, the service or any portion thereof, including but not limited to the loss of use of the service, inaccurate results, loss of profits, business interruption, or damages stemming from loss or corruption of data or data being rendered inaccurate, the cost of recovering any data, the cost of substitute services or claims by third parties for any damage to computers, software, modems, telephones or other property, even if Josh Talks has been advised of the possibility of such damages. To the maximum extent permitted by applicable law, Josh Talks’s liability to you or any third party claiming through you for any cause whatsoever, and regardless of the form of the action, is limited to the amount paid, if any, by you to Josh Talks for the service in the 12 months prior to the initial action giving rise to liability. This is an aggregate limit. The existence of more than one claim hereunder will not increase this limit.
You understand and agree that we have set our prices and entered into these Terms and Conditions with you in reliance upon the limitations of liability set forth in these Terms and Conditions, which allocate risk between us and form the basis of a bargain between the parties.
Josh Talks may terminate your access and use of the Service immediately at any time, for any reason, and at such time you will have no further right to use the Service. You may terminate your Josh Talks account at any time by following the instructions available through the Service. The provisions of these Terms and Conditions relating to the protection and enforcement of Josh Talks’s proprietary rights, your representations and warranties, disclaimer of representations and warranties, release and indemnities, limitations of liability and types of damages, ownership of data and information, governing law and venue, and miscellaneous provisions shall survive any such termination.
All content available through the Service, including designs, text, graphics, images, information, software, audio, video, and other files, and their selection and arrangement (the “Service Content”), are the proprietary property of Josh Talks or its licensors. No Service Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, other than as expressly permitted in these Terms and Conditions. You may not use any data mining, robots, scraping or similar data gathering or extraction methods to obtain Service Content. As between you and Josh Talks, all data, information and materials generated from your access and use of the educational activities made available on or through the Service, including translated content generated by you (collectively, the “Activity Materials”), shall be exclusively owned by Josh Talks, and you shall not have any right to use such Activity Materials except as expressly authorized by these Terms and Conditions. By using the Service, you hereby assign to Josh Talks any and all rights, title and interest, including any intellectual property rights or proprietary rights, in the Activity Materials. All rights of Josh Talks or its licensors that are not expressly granted in these Terms and Conditions are reserved to Josh Talks and its licensors.
“Josh Talks” and all other trademarks, service marks, graphics and logos used in connection with the Service are trademarks or service marks of Josh Talks or their respective owners. Access and use of the Service does not grant or provide you with the right or license to reproduce or otherwise use the Josh Talks name or any Josh Talks or third-party trademarks, service marks, graphics or logos.
This agreement was originally written in English (US). To the extent any translated version of this agreement conflicts with the English version, the English version controls.
These Terms and Conditions constitute the entire agreement between Josh Talks and you concerning the subject matter hereof. In the event that any of the Terms and Conditions are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms and Conditions shall otherwise remain in full force and effect. A waiver by Josh Talks or you of any provision of these Terms and Conditions or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. Josh Talks may assign its rights or obligations under these Terms and Conditions without condition. These Terms and Conditions will be binding upon and will insure to the benefit of Josh Talks and you, and Josh Talks’ and your respective successors and permitted assigns.