Talking Yak English Learning Private Limited built the Talking Yak app as a Commercial app. This SERVICE is provided by Talking Yak English Learning Private Limited and is intended for use as is. This page is used to inform visitors regarding our policies with the collection, use, and disclosure of Personal Information if anyone decided to use our Service.
1. Information Collection and Use
2. Log Data
Cookies are files with a small amount of data that are commonly used as anonymous unique identifiers. These are sent to your browser from the websites that you visit and are stored on your device's internal memory.
This Service does not use these “cookies” explicitly. However, the app may use third-party code and libraries that use “cookies” to collect information and improve their services. You have the option to either accept or refuse these cookies and know when a cookie is being sent to your device. If you choose to refuse our cookies, you may not be able to use some portions of this Service.
4. Service Providers
We may employ third-party companies and individuals due to the following reasons:
- To facilitate our Service;
- To provide the Service on our behalf;
- To perform Service-related services; or
- To assist us in analyzing how ourservice is used.
- We want to inform users of this Service that these third parties have access to their Personal Information. The reason is to perform the tasks assigned to them on our behalf. However, they are obligated not to disclose or use the information for any other purpose.
We value your trust in providing us your Personal Information, thus we are striving to use commercially acceptable means of protecting it. But remember that no method of transmission over the internet, or method of electronic storage is 100% secure and reliable, and we cannot guarantee its absolute security.
6. Links to Other Sites
7. Children’s Privacy
These Services are provided for users of all age groups. The Service may or may not be used with assistance of a parent or a guardian.
This policy is effective as of 2019-01-01
9. Contact Us
Terms & Conditions of Service
Talking Yak websites (“Websites”) and mobile applications and related services (together with the Websites, the “Service”) are operated by Talking Yak Pvt Ltd on behalf of itself and its parent company, Talking Yak, Inc. (“Talking Yak,” “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. Talking Yak 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.
PLEASE NOTE THAT THESE TERMS AND CONDITIONS CONTAIN A MANDATORY ARBITRATION OF DISPUTES PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES IN CERTAIN CIRCUMSTANCES, RATHER THAN JURY TRIALS OR CLASS ACTION LAWSUITS.
2. Description Of Website And Service
The Service allows users to access and use a variety of educational services, including but not limited to learning or practicing a language, taking examinations, creating and viewing flashcards. Talking Yak 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.
3. Registration & Submission Of Content
a. RegistrationIn 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 Talking Yak; (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 Talking Yak, 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.
b. Submission of Content As a condition of submitting any ratings, reviews, information, data, text, photographs, audio clips, audiovisual works, translations, flashcards or other materials on the Services (“Content”), you hereby grant to Talking Yak a royalty free, perpetual, irrevocable, worldwide, nonexclusive, transferable, and sublicensable license to use, 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, Talking Yak, 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 Talking Yak have any obligation to you or anyone else to maintain the confidentiality of the Content.
4. Your Representations And Warranties
5. Inappropriate Use
6. Talking Yak Products
- Talking Yak Freemium: Talking Yak Freemium is a product that is available to all users without charge. While utilizing the app, users of this product might run into ads hosted by Google Admob. You acknowledge that you will see these ads when using Talking Yak Freemium.
- Talking Yak Plus: Talking Yak Plus is a service that is designed exclusively for business consumers. There will also be ads hosted by Google Admob displayed to Talking Yak Plus users. It is important to note that these ads will be part of the user experience.
- Talking Yak Premium/Enterprise : Talking Yak Premium/Enterprise is a premium product without any ads. Users of this product will enjoy an ad-free learning experience. For premium users, this product might have additional terms and conditions.
7. Indemnification Of Talking Yak
8. License To Apps
9. In-App Purchases
If you purchase an auto-renewing periodic subscription through the Service, your Talking Yak account will be billed continuously for the subscription until you terminate it as set forth below. After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically renew for an additional equivalent period. If you do not wish your subscription to renew automatically, or if you want to change or terminate your subscription, you will need to log in to your Talking Yak account and follow instructions to terminate or change your subscription, even if you have deleted your account.
In the Service, you may purchase, with “real world” money, a limited, personal, non-transferable, non-sublicensable, revocable license to use (a) “virtual currency,” including but not limited to virtual gems, solely for use in the Service, and (b) “virtual in-app items” (together with “virtual currency,” “Virtual Items”). You are allowed to purchase Virtual Items through the Service, and not in any other way.
Talking Yak may manage, regulate, control, modify, or eliminate Virtual Items at any time, with or without notice. Talking Yak may update the pricing of Virtual Items at any time in its sole discretion, and may add new Virtual Items for additional fees. Talking Yak shall have no liability to you or any third party
in the event that Talking Yak exercises any such rights. The transfer of Virtual Items is prohibited except where expressly authorized in the Service. Other than as expressly authorized in the Service, you shall not sell, redeem or otherwise transfer Virtual Items to any person or entity, including but not limited to Company, another user, or any third party. You agree to pay all fees and applicable taxes incurred by you or anyone using a Talking Yak account registered to you. Talking Yak may revise the pricing for the goods and services offered through the Service from time to 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.
10. Payment Processors
11. Refund Policy
12. NO REPRESENTATIONS OR WARRANTIES BY TALKING YAK
13. LIMITATION ON TYPES OF DAMAGES/LIMITATION OF LIABILITY
15. Proprietary Rights in Service Content and Activity Materials
18. Notice for Claims of Copyright Violations and Agent for Notice
- an electronic or physical signature of the copyright owner or the person authorized to act on behalf of the owner of the copyright interest;
- a description of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Service, with enough detail that we may find it on the Service;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.
- Please consult your legal counsel for further details or see 17 U.S.C. §512©(3). Talking Yak’s Agent for Notice of claims of copyright infringement can be reached, by mail, as follows:
WeWork Prestige Central,
36 Infantry Rd, Tasker Town,
Bangalore, Karnataka 560001
19. Governing Law and Arbitration; No Class Action
These Terms and Conditions, its subject matter and Talking Yak’s and your respective rights under these Terms and Conditions, as well as any claim, cause of action or dispute (“claim”) arising out of or related to these Terms and Conditions, shall be governed by and construed under the laws of the Commonwealth of Delaware, United States of America, excluding the conflict of law provisions of that or any other jurisdiction, regardless of your country of origin or where you access the Service. ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO THESE TERMS AND CONDITIONS OR THE SERVICE WILL BE RESOLVED BY BINDING ARBITRATION, RATHER THAN IN COURT, except for Talking Yak’s right to seek injunctive relief as set forth below. Unless otherwise expressly required by applicable law, each party shall bear its own attorneys’ fees without regard to which party is deemed the prevailing party in the arbitration proceeding.
If you do not want to arbitrate disputes with Talking Yak and you are an individual, you may opt out of this arbitration agreement by sending an email to legal@Talking Yak.com within 30 days of the day you first access or use the Service.
If you intend to seek arbitration you must first send written notice to Talking Yak’s Administration Office of your intent to arbitrate (“Notice”). The Notice to Talking Yak should be sent by any of the following means: (i) electronic mail to legal@Talking Yak.com; or (ii) sending the Notice by U.S. Postal Service certified mail to:
Talking Yak English Learning Pvt Ltd
WeWork Prestige Central,
36 Infantry Rd, Tasker Town,
Bangalore, Karnataka 560001
The Notice must (x) describe the nature and basis of the claim or dispute; and (y) set forth the specific relief sought; and (z) set forth your name, address and contact information. If we intend to seek arbitration against you, we will send any notice of dispute to you at the contact information we have for you.
The arbitration will be conducted before a neutral single arbitrator in the Commonwealth of Delaware, whose decision will be final and binding, and the arbitral proceedings will be governed by the American Arbitration Association (“AAA”) under its AAA Commercial Arbitration Rules, Consumer Due Process Protocol, and Supplementary Procedures for Resolution of Consumer Related Disputes, as modified by these Terms and Conditions. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. All issues are for the arbitrator to decide, including the scope of this arbitration clause, but the arbitrator is bound by the terms of these Terms and Conditions. If you initiate arbitration, your arbitration fees will be limited to the filing fee set forth in the AAA’s Consumer Arbitration Rules. We will reimburse all other AAA filing, administration and arbitrator fees paid by you, unless the arbitrator determines that the arbitration was frivolous or brought for an improper purpose, in which case the payment of all such fees shall be governed by the AAA rules. The arbitration will be conducted in the English language. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. For any claim where the potential award is reasonably likely to be $10,000 or less, either you or Talking Yak may elect to have the dispute resolved through non-appearance-based arbitration.
To the fullest extent permitted by applicable law, YOU AND TALKING YAK EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDING WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. If for any reason a claim proceeds in court rather than in arbitration, YOU AND TALKING YAK EACH WAIVE ANY RIGHT TO A JURY TRIAL. If a court of competent jurisdiction finds the foregoing arbitration provisions invalid or inapplicable, you and Talking Yak agree that all claims arising out of or related to these Terms and Conditions must be resolved exclusively by a state or federal court located in the Commonwealth of Delaware, and you and Talking Yak each agree to submit to the exercise of personal jurisdiction of such courts for the purpose of litigating all such claims. Notwithstanding the above, you agree that Talking Yak shall still be allowed to apply for and obtain injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.