Terms

Article 1 – Definitions

Entrepreneur/Contractor: Tribble Media, operating under the name Talkie, located at Korenbloem 10 in Mijdrecht, registered with the Chamber of Commerce under number 51536978, which offers the service described in Article 3.1.
Speech App: the application where the service described in Article 3.1 takes place.
Participant: the natural person who does not act in the exercise of a profession or business and enters into an agreement for a paid or unpaid Membership with Talkie.
Buyer: the natural person who buys a product from Talkie’s webshop.
Dashboard: the part of the website to be used by the participant or his/her caregiver where the participant or caregiver can enter data to complete the registration.
Caregiver; the caregiver who represents the participant on the basis of informal care, personal coaching or legal guardian, and who has obtained explicit written permission from the participant to register the participant on the website’s dashboard.
Membership: the agreement between Talkie and a Participant that aims to use the service described in Article 3.1, with or without payment of Membership fees.
Product: a product that is bought from Talkie’s webshop and sent to the Participant.
Privacy Conditions: Talkie’s terms regarding the processing of personal data, included in the Privacy Statement.
Right of Withdrawal: the possibility for the Participant to withdraw from the remote agreement within the cooling-off period.

Article 2 – Applicability

These general terms and conditions apply to the access and use of the Talkie website (hereinafter referred to as “Speech App or Talkie”).
The Participant must read the terms and conditions of the user agreement before using the Speech App.
By using the Speech App, you unconditionally agree to these terms and conditions.
Deviations from these general terms and conditions are only valid if and to the extent that they have been agreed upon in writing. No rights can be derived from such deviations in relation to later legal relationships.
If any provision of these general terms and conditions is void or declared void, the remaining provisions of these general terms and conditions will remain in full force, and the Contractor and Participant will consult to establish new provisions to replace the void or annulled provisions, taking into account the purpose and intent of the void or annulled provisions as much as possible.
Always applicable is the latest attached version or the version in effect at the time the assignment was concluded.
The applicability of any other terms and conditions of the Participant is not accepted and is expressly rejected unless those conditions have been fully or partially accepted in writing by the Contractor after consultation with the Participant.
If the Participant does not agree to these terms and conditions, the Participant may not use the service.

Article 3 – Service

The service provided by Talkie consists of making it possible to convert text to speech and vice versa.
Talkie is transparent about the service it offers. It provides clear information on rates, automatic membership renewal, terms, and website capabilities before entering into Membership, allowing the Participant to make an informed decision about the offer.
If a Participant is incapacitated, the agreement can only be entered into by their legal representative.
Talkie may impose additional conditions on Participants wishing to use the service. These conditions are clearly stated on the website before entering into Membership. The additional conditions are only set to define the target group of the respective Speech App. The additional requirements must not conflict with these general terms and conditions. The possibility of contacting Participants may be subject to conditions, such as the condition of purchasing a paid Membership.
Talkie informs the Participant before entering into Membership about the conditions under which Participants can contact each other and about which group of Participants will receive or not receive certain messages.
If the service is provided for payment of Membership fees, this is based on a fixed amount for a certain period or on a per-action basis, or a combination thereof. Talkie provides clear information about this on its website before entering into Membership.
Talkie cannot vouch for or be held liable for the accuracy and completeness of the information provided by Participants. Participants are responsible for the information they make available through the website.
Talkie is never responsible for the behavior of Participants during, for example, a personal meeting following an introduction via the website.

Article 4 – Protection of Personal Data

The use of the Speech App is subject to Talkie’s Privacy Terms. This document describes how the Participant’s personal data is processed. Talkie complies with the legal rules regarding privacy protection and cookie legislation.
If Talkie has a reasonable suspicion of a violation of the rules in Article 3.1 and 3.2, and other Participants may suffer (potential) harm or inconvenience as a result, Talkie is entitled to access the data exchanged between Participants on the Dating site. Talkie elaborates on this further in the Privacy Terms.

Article 5 – Liability

Talkie’s liability is limited to damages that can be considered a direct and immediate consequence of non-compliance or defective compliance by Talkie, limited to the amount covered by Talkie’s insurance.
Talkie is never liable for indirect damages. Indirect damages include, among other things, consequential damages and damages due to business or other types of disruption.
Talkie will never be liable for damages resulting from defects in work performed by third parties or goods supplied by third parties. Talkie is not liable for the work performed by these third parties, neither for direct nor indirect damages.
The Participant indemnifies Talkie against all claims by third parties arising directly or indirectly from or in connection with the execution of the agreement.
Talkie is not liable for damages of any kind resulting from incorrect and/or incomplete data provided by the Participant.
The limitations of liability included in these terms and conditions do not apply if the damage is due to Talkie’s willful intent or gross negligence.
The Participant is liable to Talkie for damages resulting from a breach by the Participant in performance, for example, as a result of a violation of Article 5.3, unless this breach cannot be attributed to the Participant.
Talkie is never liable for the actions of the companion on the website.

Article 6 – Termination by Participant

A paid Membership can be entered into for a specific period.
The paid Membership is automatically terminated at the end of the period and not automatically renewed.
Regardless of whether the (paid) Membership is active, the Dating site will deactivate the Participant’s profile at the request of the Participant at any time as soon as possible, and in any case, within two weeks of receiving the request from the Participant.
The Participant has the right to exercise the right of withdrawal within 14 days of entering into Membership.
If the Participant exercises this right but has already actually used the paid services of the Dating site during this period, the Participant is not entitled to a refund. Talkie explicitly asks the Participant for permission to start the service before the withdrawal period has expired and informs the Participant that there is no possibility of a refund if the Participant still withdraws.
In the event that one of the parties becomes bankrupt, applies for a suspension of payments, or ceases its operations, the other party has the right to terminate the Membership immediately in writing, subject to the right to claim damages.

Article 7 – Warranty

Talkie provides a quality product through its webshop that should last for years under normal use. If a product becomes defective prematurely, the buyer must immediately contact Talkie. Talkie will then comply with the warranty provisions of the Civil Code. After receiving the customer’s notice, Talkie will investigate whether the defect can be easily repaired or if the product and/or parts can be replaced. If this is not possible in its entirety or in the short term, Talkie offers the buyer the option to terminate the agreement. The buyer will then receive (a portion of) the purchase price from Talkie. For consumable goods, no warranty claims can be made if the defect is due to frequent use or water damage.

Article 8 – Returns

When the buyer purchases a product from Talkie’s web store, the buyer has a 14-day cooling-off period. Within this timeframe, the customer can return the product without providing a reason. The shipping costs for the return will be borne by the buyer. The buyer should inform Talkie in advance about the return of the product.

If the buyer returns the product damaged or incomplete, the reimbursable amount will be adjusted proportionally to the damage incurred. Therefore, you are responsible for any resulting loss of value.

Return Address:
Talkie
Korenbloem 10
3641 VP
Mijdrecht
Netherlands

Article 9 – Intellectual Property

All intellectual property rights related to the website are exclusively owned by Talkie.

Article 10 – Force Majeure

Force majeure is understood to mean, in addition to what is understood by law and jurisprudence, all external causes, foreseen or unforeseen, over which Talkie has no influence, and as a result of which Talkie is reasonably unable to fulfill its obligations.
During force majeure, the obligations of the parties are suspended. If the period in which Talkie is unable to fulfill its obligations due to force majeure lasts longer than 30 days, the Participant is entitled to terminate the membership in writing without any obligation to pay compensation in that case.
If Talkie has already partially fulfilled its obligations at the onset of force majeure, or can only partially fulfill its obligations, it is entitled to invoice the already performed or performable part separately, and the Participant is obligated to pay this invoice.

Article 11 – Complaints Procedure

Talkie handles a complaint about its services in accordance with the Complaints Procedure.

Article 12 – Additional Provisions and Amendments

Additional provisions may not be to the detriment of Participants. These provisions must be documented in writing or in such a way that Participants can easily store them on a durable medium.

Article 13 – Applicable Law and Choice of Forum

This agreement is fully governed by Dutch law.
Disputes that may arise between Talkie and the Participant regarding the (execution of the) assignment or the interpretation of these general terms and conditions will be settled by the competent court in Amsterdam.