Applicability
These general terms and conditions (the “Terms”) apply to every offer made by TALK360 GROUP B.V. trading under the name: Talk360 (“Talk360”) and to every contract that has been realized between Talk360 and an user (the “User”) using the mobile application Talk360 (the “Software”), purchasing Talk360 Call Credits or Vouchers (the “Products”) or with regard to the mobile telecommunication services provided by Talk360 (the “Services”). These services only include charged calls.
The Terms will be provided electronically, in such a way that the User can easily store the Terms on a durable data carrier.
Talk360 may make changes to these Terms from time to time. Talk360 will publish the changes at talk360.com/terms-and-conditions. Changes to these Terms will be effective when published. We recommend reviewing the Terms on a regular basis.
By accepting our Terms and conditions, you also accept our privacy statement as published at www.talk360.com/privacy. Changes to this Privacy Statement will be effective when published. We recommend reviewing the Privacy Statement on a regular basis. Our privacy statement is in line with the General Data Protection Regulation (GDPR) act which is effective in the EEA from May 2018.
If you do not agree to the Terms of Service, you may not activate or use the Services nor Software. Once accepted the Terms of Service constitute a binding agreement between you and Talk360. In addition, by downloading the App from Appstore or Google Play you agree to the applicable terms of the license of Apple and Google which will bind you.
Identity of Talk360
Name: TALK360 GROUP B.V. trading under the name: Talk360
Registered address: Leusderend 40, 3832 RC Leusden, The Netherlands
Email address: support@talk360.com
Chamber of Commerce number: 66242592
VAT identification number: NL.8564.59.094.B01
Identity of Talk360 India
Name: LETS TALK THREE SIXTY DATA NETWORKING SOLUTIONS PRIVATE LIMITED
Trading under the name: Talk360
Registered address: 8th Floor, HB Twin Tower, Plot No. A-2,3 & 4, Netaji Subhash Place, Wazirpur District Centre, Delhi - 110034
Email address: support@talk360.com
Permanent Account Number (PAN): AADCL7872K
Goods & Services Tax (GST): 07AADCL7872K1ZZ
The Offer and Contractual relationship
If an offer of Talk360 is subject to a limited period of validity or is made subject to conditions, this will be explicitly mentioned in the offer.
Voucher PINS, offered by Talk360 or third-party Resellers, should be redeemed within 3 years after issuance of the Voucher. The value of a Voucher, the redeemed call credit, is perceived as normal Call Credit.
The offer contains a complete and accurate description of the Services being offered. The description is sufficiently detailed to enable the User to make a proper assessment of the offer. Talk360 is not bound by obvious errors or mistakes in the offer.
Every offer contains information that makes it clear to the User what rights and obligations are related to the acceptance of the offer.
The contractual relationship between Talk360 and the User with respect to the purchase of Call Credit (see Clause 5) is subject to that which is stipulated in the offer, at the moment at which the User accepts the offer and the conditions thereby stipulated have been fulfilled. Upon the successful purchase of Call Credit, Talk360 will immediately increase the User’s Call Credit balance.
Neither Talk360 nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on the website and in the Software for any particular purpose. Any such information and materials may contain inaccuracies or errors for which cannot be claimed by Talk360. Talk360 exclude liability for any such inaccuracies or errors in any of such information and materials provided by Talk360’s or its third-party Resellers’ to the fullest extent permitted by law.
The Services
Talk360 makes available to the User the Software. The Software is required for the User to make use of the Services. Additional terms and conditions may apply in order for the User to download the Software. In order to use the Software and the Services, the User will need an internet broadband connection (Wi-Fi or mobile data communication). Additional charges from an internet service provider or telecommunication provide may apply for the use of an internet broadband connection.
Talk360 may from time to time provide updates to the Software or may change the Services at any time. The User may be required to update the Software in order to continue using the Software and the Services.
The Services does not include support to call emergency telephone numbers (such as: 112, 911 or ambulance/doctor telephones). In addition, the Services does also not include support to call premium- and/or service numbers.
The User shall use the Software and the Services in accordance with the laws of The Netherlands and the laws of the country where the User is located. The User is under no conditions authorized to:
use any type of spider, virus, worm, trojan-horse, time bomb or any other codes or instructions that are designed to distort, delete, damage, emulate or disassemble the Software or the Services;
send unsolicited communications; and/or
impact or attempt to impact the availability of the Software or the Services.
In order to protect the interests of the customer against improper use and to ensure consumer protection, Talk360 reserves the right to block personal calls to individual numbers, groups of numbers or certain countries either permanently or temporarily.
Call Credit
In order to make use of the Services, the User is required to purchase call credit from Talk360 (“Call Credit”). The User is not entitled to any interest on the purchased Call Credit.
Talk360 may provide to the User bonus and/or trial call minutes. Bonus and/or trial call minutes are valid for a limited period of time (listed in the offer) and are subject to a fair use policy.
Talk360 makes available to the User various payment methods for the purchase of Call Credit. Talk360 may from time to time change the various payment methods. Additional terms and conditions may apply by using the available payment methods.
Purchased Talk360 Call Credits (the “Products”) will have no fixed credit expiry period. Products will only expire in the event a user becomes inactive.
A user is considered inactive if no outbound calls or purchases of Talk360 Call Credit have been made for a period of eighteen (18) months defined as equal to five hundred and fifty (550) days. Talk360 will inform the User at least seven (7) days prior to their user being marked inactive and the remaining Talk360 Call Credits expiring.
Talk360 also provides an auto recharge feature in the online Talk360 web shop, which the User can activate by selecting this feature. If this feature is activated, the User’s Call Credit balance will be recharged with the same amount and by the same payment method chosen when activating this feature.
Upon successful activation of the auto recharge feature in its online web shop, the User authorises Talk360 and Talk360’s payment service provider to debit the User’s account (bank balance or credit card) for any auto recharge. The User may withdraw his (SEPA) mandate at any time by sending an e-mail to: support@talk360.com.
If a User makes use of the auto-recharge feature, Talk360 and/or the payment service provider will process the account information to facilitate and execute each auto recharge.
The auto recharge feature will also be subject to the relevant terms and conditions of Talk360’s payment service provider.
Talk360 will give the User written advance notice via an email or text message or in-app message of the amount due and the due date of debiting at least 24 hours before the date when a SEPA direct debit will be initiated.
Talk360 also provides a one click payment possibility for several credit card and PayPal in the online Talk360 web shop, which the User can activate by selecting this possibility after a successful payment to Talk360.
Upon successful activation of the one click payment possibility, the User authorises Talk360 and Talk360’s payment service provider to debit the User’s account (bank balance or credit card) for the purchases upon a click on the payment button. The User may withdraw his mandate at any time by sending an e-mail to: support@talk360.com
If an User makes use of the one-click payment possibility, Talk360 and/or the payment service provider will process the account information to facilitate and execute the one click payment.
The one click payment will also be subject to the relevant terms and conditions of Talk360’s payment service provider.
Talk360 will give the User written advance notice of the amount due and the due date at least 24 hours before the date when a SEPA direct debit will be initiated.
Prices
The standard rates for the Services are listed on Talk360’s website and in the Software. These standard rates apply, unless agreed otherwise in writing. The standard rates are including VAT, if applicable.
Talk360 may change the standard rates for the Services at any time without pre-notification to the User by publishing such change on Talk360’s website and in the Software. The new standard rates will apply after the new standard rates have been published.
Talk360 will charge a connection fee (charged once, per call) and a per-minute rate. The applicable connection fee is listed on Talk360’s website. The duration of a call shall be based on one-minute increments. Fractions of minutes will be rounded up to the next minute.
Right of withdrawal
The User, whose actions are not carried out for objectives relating to the course of a trade, a profession or a business, has the right to dissolve the contract with Talk360, without giving reasons during a period of fourteen days after the day the contract with Talk360 was concluded. The right of withdrawal is not available to the User after the full completion of the services by Talk360.
The User who wants to exercise his right of withdrawal shall report this to Talk360, within the period of fourteen days after the day the contract was concluded, by means of the model form for right of withdrawal (by means of sending an email to support@talk360.com with the following details: “date the call credits were purchased”, “used payment method”, “mobile number / Account ID” and “name and address”).
The risk and the burden of proof for exercising the right of withdrawal correctly and in time rest upon the User.
If the User is refunded purchased credits, the balance outstanding will be deducted from the account of the User.
If the User exercises his right of withdrawal, the User shall owe Talk360 a sum of money that is equivalent to that proportion of the contract that Talk360 has fulfilled at the moment of withdrawal, in comparison with fulfilling the contract entirely.
No refunds shall be given for any promotional amounts and/or bonus credits given by Talk360.
Repetitive refund requests from the same user would be refused.
Talk360 will reimburse the User within 14 days after the day on which the User reported the withdrawal with all payments. For any reimbursement, Talk360 will use the same payment method that was initially used by the User, unless the User agrees to another payment method.
Contract fulfilment and guarantees
Talk360 guarantees the best availability of the service and, in the event of breakdowns, that these will be rectified as quickly as possible, in order to fulfil the contract and the specifications stated in the offer.
Talk360 aims to provide the User a trouble-free mobile telecommunication services through an internet broadband connection. The User is aware that an internet broadband connection is not universally available. Talk360 cannot guarantee that the Software and the Services will always function without disruptions, delay or errors. Various factors outside the control of Talk360 may impact the quality of the connection and the use of the Software and Services. Talk360 is not responsible nor liable for any disruption, interruption or delay of the Services.
The User who has discovered shortcomings in the Software and/or the Services must submit any complaints to Talk360 without delay, in full and with clear descriptions. A reply to complaints submitted to Talk360 will be provided within a period of 3 working days, calculated from the date of receipt of the complaint.
Deactivation
If the Users do not fulfil its obligations towards Talk360, is in breach of these Terms and/or in the event of fraud or suspected fraud, Talk360 is entitled to (temporarily) deactivate the User’s account.
After deactivation of the User’s account, the User is not allowed to use the Software or the Services. Talk360 shall have no obligation to provide the Services towards the User. In the event that the User’s account is deactivated, Talk360 shall inform the User as soon as reasonably possible. The User is not entitled to any compensation after the deactivation of its account.
At the sole discretion of Talk360, Talk360 may reactivate the User’s account and Talk360 shall make the Services available to the User. Talk360 may charge the User with a reactivation fee.
Liability and indemnification
Talk360, to the extent legally permitted, is not liable for any loss, whether of money (including profit), goodwill, or reputation, or any special, indirect, or consequential damages arising out of the User’s use of, or inability to use the Software and/or the Services.
If Talk360 is found to be liable for whatever reason, Talk360’s liability to the User or any third party is limited to the greater of (a) the total fees the User has paid to Talk360 in the six (6) months prior to the action giving rise to liability, or (b) EUR 50.
Notwithstanding anything to the contrary in these Terms, the limitation of liability set forth in paragraph 10.1 and 10.2 above shall not apply to any claim for which liability cannot be limited under applicable law.
The User agrees to indemnify and hold harmless Talk360 and its affiliates, and each of their respective, directors, shareholders and employees from and against any and all claims, losses and/or damages arising from or relating to (i) the User’s breach of any of these Terms; (ii) the User’s breach of any applicable law of regulation or (iii) the User’s use of any Software and/or the Services.
The User shall notify Talk360 of any (potential) claim in writing as soon as possible after the damage is discovered or could have reasonably been discovered.
Personal data
Talk360 shall only process the personal data (including data regarding the use of the Services) obtained from the Users for the provision of the Services. Talk360 shall refrain from using the (personal) data for any other purpose than the provision of the Services.
Talk360 shall process any personal data in accordance with the General Data Protection Regulation (GDPR). Any personal data obtained by Talk360 shall not be kept for a period longer than is necessary for achieving the purposes for which the personal data were collected or subsequently processed. Call detail records (CDR’s) of a user will be saved for a period of 12 months to support questions from customers about their historic Talk360 call and payment history.
Talk360 will take suitable technical and organizational measures to secure the electronic transfer of any personal data and Talk360 will ensure a safe web environment.
Except as provided below, Talk360 will not sell, rent, trade or otherwise transfer any personal data outside of Talk360 without the User’s explicit permission, unless it is obliged to do so under applicable laws or by order of any competent authority.
Further details on personal data are published at www.talk360.com/privacy. Changes to this Privacy Statement will be effective when published. We recommend reviewing the Privacy Statement on a regular basis
Intellectual property rights
The Software contains proprietary and confidential information that is protected by intellectual property rights owned by or licensed to Talk360. Talk360 and/or its licensors retain exclusive ownership of the Software and all intellectual property.
The User is not allowed to use the (source code of the) Software for any other purpose than making use of the Services. The User shall not make any changes to the Software, decompile the Software and/or manipulate the Software. In the event of any unauthorized use of the Software by the User, the User shall be liable for all damages suffered by Talk360.
Talk360 is a registered trademark of TALK360 GROUP B.V. Talk360 has registered its trademarks in various countries worldwide. Without the prior written consent of Talk360, the User is not authorized to use Talk360’s trademarks and/or trade names.
Exemptions/additional T&C’s Talk360 Business
In this paragraph the exemptions are described for companies that have signed on to the Talk360 service through the physical “Talk360 Business” sign-up form, or via the Talk360 Business sign-up form on the Talk360 website
Call credit validity: In contrast to article 5.4 of these terms and conditions, call credits purchased as described in article 13.1 will have unlimited call credit validity.
A monthly service fee per user will be charged from the call credit balance on the first day of every new month, regardless of the exact date the company signed up.
Companies that sign up for Package 1 of the Talk360 Business service will receive several low balance warnings. The company itself is responsible for adding extra call credits by paying the invoices that TALK360 GROUP B.V. will supply with the low balance warnings. TALK360 GROUP B.V. is not responsible in any way for any damage the company suffers when it runs out of Talk360 call credit.
The call credit will become available for business users, once the invoice has been paid and the money is received by TALK360 GROUP B.V.
Companies that sign up for Package 2 of the Talk360 Business service will receive monthly invoices for their users, until the Talk360 business support team receives an e-mail from the company that certain users do not require additional call credits or that the company desires to stop purchasing call credits for the whole company, or that the company fully wants to close its Talk360 Business account.
Final Provisions
The rights and obligations of the User under the contract with Talk360 cannot be assigned or transferred except with the prior written approval of Talk360. Talk360 shall at any time be entitled to assign its rights and obligations under this Agreement to a third party.
All contracts entered into between Talk360 and the User are governed by Dutch law.
Any dispute between Talk360 and the User shall in first instance exclusively be submitted to the competent courts in Amsterdam, the Netherlands, unless another Dutch court is competent by virtue of mandatory law.
