Welcome to TikkTalk!
Thanks for your interest in our website (the «Site») and our online marketplace with audio/video/in-person meeting booking services (the «Service»)!
By using our Services, you agree to these terms (the «Terms») and the TikkTalk Partner Program Policies (the «Partner Program Policies») (collectively, the «Agreement»). If ever in conflict, to the extent of such conflict, the Terms will take precedence over any other terms of the Agreement. Please read the Agreement carefully.
As used in the Agreement, «you» or «Account holder» means the individual or entity using the Services (and/or any individual, entity or successor entity, agency or network acting on your behalf), «we,» «us» or «TikkTalk» means TikkTalk AS, and the «parties» means you and TikkTalk.
Access to the Services; TikkTalk Accounts
Your use of the Services is subject to your creation and our approval of a TikkTalk account (an «Account»). We have the right to refuse or limit your access to the Services. By creating an account to use the Services, if you are an individual, you represent that you are at least 18 years of age. You may have one Account for hiring Interpreters (“Business”), and another Account for providing your interpretation services to other Account holders (“Interpreter”). TikkTalk reserves the right to merge hiring and provisioning features and allow them in the same Account.
Using our Services
You may use our Services only as permitted by this Agreement and any applicable laws. Don’t misuse our Services. For example, don’t interfere with our Services or try to access them using a method other than the interface and the instructions that we provide.
You may discontinue your use of any Service at any time by contacting us at email@example.com («Customer Support»), as applicable to your account.
Changes to our Services; Changes to the Agreement
We are constantly changing and improving our Services. We may add or remove functionalities or features of the Services at any time, and we may suspend or stop a Service altogether.
We may modify the Agreement at any time. We’ll post any modifications to the TikkTalk Terms on this page and any modifications to the TikkTalk Partner Program Policies or the TikkTalk Branding Guidelines on their respective pages. Changes will not apply retroactively and generally will become effective 14 days after they are posted. However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If you don’t agree to any modified terms in the Agreement, you’ll have to stop using the affected Services.
You will indemnify, defend, and hold harmless TikkTalk, our Affiliates, and our respective directors, officers, employees, representatives, and agents (each an «Indemnified Party») from any and all claims, damages, liabilities, costs, losses, and expenses (including, but not limited to, reasonable attorneys’ fees and all related costs and expenses) arising from or relating to any claim, suit, proceeding, demand, or action brought by you or a third party or other Account holder against an Indemnified Party relating to: (a) use of the Site and the Services by you or your agents, including any payment obligations incurred through use of the Services; (b) any Interpretation Assignment entered into by you or your agents, including, but not limited to, the classification of an Account holder as an independent contractor; the classification of TikkTalk as an employer or joint employer of the Account holder; any employment-related claims, such as those relating to employment termination, employment discrimination, harassment, or retaliation; and any claims for unpaid wages or other compensation, overtime pay, sick leave, holiday or vacation pay, retirement benefits, worker’s compensation benefits, unemployment benefits, or any other employee benefits; (c) failure to comply with the Terms by you or your agents; (d) failure to comply with applicable law by you or your agents; (e) negligence, wilful misconduct, or fraud by you or your agents; and (f) defamation, libel, violation of privacy rights, unfair competition, or infringement of Intellectual Property Rights or allegations thereof to the extent caused by you or your agents.
Representations; Warranties; Disclaimers
You represent and warrant that (i) you have full power and authority to enter into the Agreement; (ii) TikkTalk has never previously terminated or otherwise disabled an Account created by you due to your breach of the Agreement or due to invalid activity; (iii) entering into or performing under the Agreement will not violate any agreement you have with a third party or any third-party rights; and (iv) all of the information provided by you to TikkTalk is correct and current.
TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES, EXPRESS, STATUTORY OR IMPLIED. WE EXPRESSLY DISCLAIM THE WARRANTIES OR CONDITIONS OF NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.
Limitation of Liability
TikkTalk is not liable, and you agree not to hold us responsible, for any damages or losses arising out of or in connection with the Terms, including, but not limited to:
* your use of or your inability to use our Site or Services;
* delays or disruptions in our Site or Services;
* viruses or other malicious software obtained by accessing, or linking to, our Site or Services;
* glitches, bugs, errors, or inaccuracies of any kind in our Site or Services;
* damage to your hardware device from the use of the Site or Services;
* the content, actions, or inactions of third parties’ use of the Site or Services;
* a suspension or other action taken with respect to your account;
* your reliance on the quality, accuracy, or reliability of assignments, profiles, ratings, recommendations, and feedback (including their content, order, and display), or metrics found on, used on, or made available through the Site; and
* your need to modify practices, content, or behaviour or your loss of or inability to do business, as a result of changes to the Terms.
ADDITIONALLY, IN NO EVENT WILL TikkTalk, OUR AFFILIATES, OUR LICENSORS, OR OUR THIRD-PARTY SERVICE PROVIDERS BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR INDIRECT COSTS OR DAMAGES, INCLUDING, BUT NOT LIMITED TO, LITIGATION COSTS, INSTALLATION AND REMOVAL COSTS, OR LOSS OF DATA, PRODUCTION, PROFIT, OR BUSINESS OPPORTUNITIES. THESE LIMITATIONS WILL APPLY TO ANY LIABILITY, ARISING FROM ANY CAUSE OF ACTION WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE OTHER TERMS OF SERVICE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH COSTS OR DAMAGES AND EVEN IF THE LIMITED REMEDIES PROVIDED HEREIN FAIL OF THEIR ESSENTIAL PURPOSE. SOME STATES AND JURISDICTIONS DO NOT ALLOW FOR ALL OF THE FOREGOING EXCLUSIONS AND LIMITATIONS, SO TO THAT EXTENT, SOME OR ALL OF THESE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Entire Agreement; Amendments. The Agreement is our entire agreement relating to your use of the Services and supersedes any prior or contemporaneous agreements on that subject. This Agreement may be amended (i) in a writing signed by both parties that expressly states that it is amending the Agreement, or (ii) as set forth in Section “CHANGES TO OUR SERVICES; CHANGES TO THE AGREEMENT”, if you keep using the Services after TikkTalk modifies the Agreement.
Assignment. You may not assign or transfer any of your rights under the Agreement.
No Waiver. Other than as set forth in Section “Indemnity”, the failure of either party to enforce any provision of the Agreement will not constitute a waiver.
Severability. If it turns out that a particular term of the Agreement is not enforceable, the balance of the Agreement will remain in full force and effect.
Governing Law; Venue. This Agreement shall be governed by the internal laws of Norway and the stipulations set forth herein to be construed in accordance with same. Any and all disputes arising out of the rights and obligations in this Agreement shall be submitted to ordinary court proceedings, and the parties accept the Oslo District Court as their exclusive legal venue under this Agreement.
Force Majeure. Neither party will be liable for inadequate performance to the extent caused by a condition (for example, natural disaster, act of war or terrorism, riot, labour condition, governmental action, and Internet disturbance) that was beyond the party’s reasonable control.
Communications. In connection with your use of the Services, we may contact you regarding service announcements, administrative messages, and other information. You may contact TikkTalk via Customer Support.
PROHIBITED SITE USE
The uses described in these Terms are prohibited regardless of where on the Site they occur. For example, the activities are prohibited in assignment posts, proposals, messages, communications with customer service and disputes.
ILLEGAL, FRAUDULENT, HARMFUL, OR OFFENSIVE USES
You may not use, or encourage, promote, facilitate, or instruct, or induce others to use, the Site or Services for any activities that violate any law, statute, ordinance or regulation; for any other illegal, fraudulent, harmful, or offensive purpose; or to transmit, store, display, distribute or otherwise make available content that is illegal, harmful, or offensive.
All profiles, assignments, proposals, and other content posted to the Site must be truthful and not misleading.
We reserve the right, but do not assume the obligation, to investigate any violation of these Terms. We may investigate violations and may remove, disable access to, or modify any content that violates these Terms if required by law.
We may report any activity that we suspect violates any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties. Our reporting may include disclosing appropriate User information. We also may cooperate with appropriate law enforcement agencies, regulators, or other appropriate third parties to help with the investigation and prosecution of illegal conduct by providing network and systems information related to alleged violations of these Terms.
REPORTING AND CORRECTING VIOLATIONS
If you become aware of any violation of these Terms, you must immediately report it to Customer Service. You agree to assist us with any investigation we undertake and to take any remedial steps we require in order to correct a violation of these Terms.