The following Terms and Conditions apply when using your Talki account. You automatically accept these terms and conditions when you create your account, and again each time you log in, use the service or top up. If you do not agree to any of the terms and conditions contained in this document then you must not create or use a Talki account or use the Talki mobile application.

 

 

1. Registration

 

1.1 Personal Information

You agree that the information you provide when registering with Talki is accurate, correct, and your own. Should your information change at any time then you will notify us.

 

1.2 Acceptance

Talki reserves the right to revoke any account. Accounts may be closed or suspended at any time, and  Talki has the right to do this without reason, and without refund if you are found, or suspected to be, in breach of the terms laid out in this document.

 

 

2. Using your Account

 

2.1 Law

You agree to use your account according to Luxembourg law. Additionally, when using Talki in other countries than Luxembourg, or interacting with others in other countries, you agree to respect the laws in each respective country.

 

2.2 Abusive Messages

It is illegal to send abusive or otherwise harmful messages. You should note that this service is not anonymous, and that all actions conducted within your account can be traced. Talki will always assist law enforcement agencies in the case of illegal activity.

 

2.3 Abuse of the System

Any attempt to abuse the system through use of improper actions or other methods is strictly forbidden. Causing disruption to the service or other users, using false credit/debit card information or account details, or gaining more credits than you are entitled to will lead to criminal prosecution.

 

2.4 General

Your account is not transferable and you are solely responsible for any actions carried out from within your account. Your account is for personal, manual use only and you must not employ automatic means of using Talki services beyond the user interface provided. Your account cannot be used by any third party services. Messages must be sent via the Talki.me web account or Talki mobile application and the automation of the use of either tool is strictly prohibited. Any messages sent in breach of this clause will be blocked.

 

 

3. Data Storage

 

3.1 Personal Data

Your personal data is stored in accordance with the European Data Protection Directive 95/46/EC. Talki may use your personal data to contact you if necessary and to send a message to your contacts on your behalf only for the purpose of informing them about the service and inviting them to join you in using the Talki service.

 

3.2 Data stored in your account

All data stored in your account is your responsibility and you have sole liability for the implications of storing such data.

 

3.3 Data loss

Talki cannot be held responsible for any data loss which occurs concerning your account. As you are responsible for your stored data, you should keep backups of anything important in case it cannot be recovered.

 

3.4 Holding Data

Talkster Europe S.A.R.L. reserves the right to retain your data for up to six years from your last login date.

 

 

4. Buying Credit and Services

 

4.1 Credit/debit Cards

You agree that the credit/debit card details you enter are accurate and correct to the best of your knowledge and ability. You also agree that they are details of an account which you own or that you have the express written permission of the card holder to use this card. Talkster will deny any charge at our discretion without providing you with a reason for the non- acceptance of the charge as this may be as a result of automatic and manual fraud prevention measures we employ. Any suspicious details used along with related account information may be passed to law enforcement authorities or, upon request to merchant processing providers.

 

4.2 Other fees

Talkster will, prior to billing for services detail for you any extra fees which may be incurred due to the payment method chosen. These are, but not limited to, merchant fees such as PayPal. You will, when processing payment, be asked to accept these fees as an item in the calculation of the total amount to be paid.

 

4.3 VAT

Talkster may be obliged to charge you VAT for purchases dependent on your country of residence. In this case you will be informed prior to making a payment or, in the case of premium SMS, this will be included in the purchase cost.

 

4.4 Premium SMS billing

In certain countries we offer the opportunity to purchase via premium SMS which is a method where your mobile operator will charge you a fixed amount to your pre- or post-paid mobile account. In this case, you will have expressly requested that a mobile terminated premium SMS message be sent to you and that the receipt of this message constitutes a request by you to be charged using this method. Each charge is one time only and is not a recurring billed service. Should you have a question about billing you agree to contact Talkster via the talki consumer web site at www.talki.me in the first instance and not to query the charge through your network operator.

 

4.5 Notification

You will be notified by talki text of your purchase status, usually within seconds. An alert will also be delivered via the talki application. Accounts may be closed or suspended at any time, and Talkster has the right to do this without reason, and without refund if you are found, or suspected to be, in breach of the terms laid out in this document.

 

4.6 Refunds

Talkster does not offer refunds of purchases but will, upon receiving sufficient proof, refund in the form of talki credits any amount charged for service not delivered as stated.

 

 

5. SMS

 

5.1 Coverage

Talki  cannot guarantee SMS coverage or message delivery to the destination handset. You accept that Talki will not offer a refund of credit if the network you are sending to is not supported. You accept that every message sent via Talki is deductible from your credit, and that Talki is not obligated to refund credit used for messages that cannot be delivered. Talki endeavours to deliver every message but can only guarantee that the message is delivered to the standard SMS network of the mobile carriers and that responsibility to deliver to the final destination handset is out of our control.

 

5.2 Delivery

Talki cannot guarantee SMS delivery, or receipt in the case of inbound messages destined for virtual numbers. Talki endeavours to deliver every message but can only guarantee that the message is delivered to the standard SMS network of the mobile carriers and that responsibility to deliver to the final destination handset is out of our control. If you discover a problem with delivery, you must cease sending to the affected destinations and contact Customer Support.

 

5.3 Content

Messages of the following types are strictly prohibited: Commercial, promotional, religious, political, messages related to premium rate services, messages related to adult services, and unsolicited messages. Talki may attach a promotional message to the footer of any SMS sent through our network to promote the Talki service or the products and services of our advertising partners. You agree that you will not send SMS messages containing illegal content, as defined by Luxembourg law and the laws governing your country of residence and the countries of other parties you are interacting with via Talki from this system. It is illegal to send large volumes of SMS messages to unrelated recipients (SPAM) and also to send abusive or threatening SMS messages. Talki will always assist law enforcement agencies in the case of a breach. If you are found to be in breach, your Talki account will immediately be blocked and removed.

 

5.4 Logging

All SMS messages sent or received to or from your Talki account are logged in a secure location and this information will be retained in accordance with this document. Logs are kept private and confidential. Law enforcement agencies will be granted access to these logs on production of a relevant court order.

 

 

6. Customer Support

 

6.1 Using Customer Support

Using the Help section on the Talki web site www.Talki.me, you can submit a request to Customer Services for support. We have a zero tolerance policy regarding abuse, and any account sending abusive or threatening messages (including messages that contain swearing) to Customer Support will be terminated immediately and without refund. We endeavour, but do not guarantee, to deliver a response to any support request within 24 hours excluding public holidays.

 

6.2 Confidentiality

All communication with Customer Support is private and confidential and you agree not to disclose such communications to any third party under any circumstances without prior permission from Talkster.

 

 

7. Contacting you

 

7.1 Use of your Personal Information

In accordance with our Privacy Statement, we may contact you using your personal details if we deem this necessary.

 

 

8. Updates

 

Prominent announcements and important information may be made available to you via our web site, email or the Talki application.

 

 

9. General

 

9.1 Changes to the System

The system, including all pricing and coverage, is subject to change at any time without prior notice.

 

9.2 System Availability

Whether for maintenance or otherwise, there may be periods when you cannot access your Talki account due to the system being offline or unavailable. No refunds will be given for any period where Talki is unavailable under any circumstances.

 

9.3 Changes to the Terms and Conditions

The Terms and Conditions are subject to change at any time and will be made available at this address. Once posted here, these terms are effective immediately and you automatically accept them the next time you log on to or send a message through the Talki service. You should always check these terms before using Talki .

 

9.4 Release from the Terms and Conditions

You are bound by these terms and conditions until you receive confirmation from us by email that your account has been terminated and that you have been released from these terms and conditions.

 

9.5 Cancellation

Only a communication from within the Talki mobile application or by SMS to the registration short code will be accepted as a cancellation request, and must clearly state your wish for the account to be closed or in the case of by SMS the command STOP. No refunds for any remaining credit will be given.