Introduction

These terms of use ("Terms") govern the terms under which users ("You" or "Your" or "Yourself" or "User") access and register on the web-based platform www.thetalkstreet.com (collectively, the "Platform"), which is operated and managed by TheTalkStreet, located at Bhilwara – 311001, Rajasthan, India (referred to as the "Company", “TheTalkStreet” , “I”, “We”,“TalkStreet” , “Digital Magazine”,”Online Digital Magazine”). The Terms of Use apply to the Platform owned and operated by TheTalkStreet. TheTalkStreet, reserves the right to deny access to the Pla  tform to any person who violates the Terms of Use. TheTalkStreet, a company also located at Bhilwara, Rajasthan, India – 311001 ("Licensor"), has granted the Company a worldwide, non-exclusive, non-sublicensable, non-transferable, and non-assignable license to access, use, manage, and operate the Platform and use the Licensor’s intellectual property in relation to its use on the Platform.

Electronics Record

These Terms constitute an electronic record as per the Information Technology Act, 2000 and its applicable rules. The Terms are (i) published in accordance with Rule 3(1)(a) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 and (ii) generated by a computer system, requiring no physical, electronic, or digital signatures by the Company.

Scope of Terms

These Terms apply to all users of the Platform, including those who view and access Content and those who contribute Materials. "Materials" include (i) text, software, scripts, graphics, photos, sounds, music, videos, audio-visual combinations, interactive features, and other materials and (ii) comments and content that You contribute through Platform features or functionalities.

Acceptance of Terms

By clicking the “I accept” button on the Platform, you expressly accept these Terms and the Privacy Policy and agree to be legally bound by them. By providing your personal information to the Company or consenting to the Company accessing your personal information for rendering services ("Services" as defined below), you also agree to avail the Services through the Platform in accordance with these Terms.

Modification of Terms

The Company retains the unconditional right to modify or amend these Terms without notifying you. You can check the “Last Updated” legend above to determine when these Terms were last modified. Your acceptance of the amended Terms signifies your consent to such changes and agreement to be legally bound by them.

Services

The Platform offers the following services:
- Providing easily accessible content, connections, and communications that support brand and business objectives. This content may be generated, developed, or produced by the Company or aggregated, obtained, and/or licensed through third-party sources.

- Promptly and efficiently responding to Your queries or issues related to Your Account and the services provided through the Platform.

- These services collectively referred to as the "Services," may be added, modified, or removed by the Company at its discretion from time to time without special notice. Additionally, the Company may establish specific terms and conditions for any category or section in addition to these Terms.

- If you are dissatisfied with any aspect of the Services, you agree to first file a formal complaint with the Company's customer service. Complaints can be lodged at hello@thetalkstreet.com. By lodging a complaint, you agree to cooperate fully with the customer service team by providing any reasonable information they may request from You. The Company aims to resolve complaints as promptly as possible.

The Company affirms that:
- It does not engage in any 'unfair trade practices' on the Platform or otherwise concerning the Services.

- It does not discriminate between Users of the same class or arbitrarily classify Users.

- Users will receive clear information about any additional charges, fees, or costs applicable to during their journey on the Platform. The Company maintains transparency by ensuring that fees for Services offered on the Platform remain unchanged.

Refunds and Cancellations

Refunds: The policy regarding refunds for cancellations of subscriptions or other purposes will be communicated to users periodically through the Terms of Service, email’s on the Platform, or other specified modes of communication as determined by the Company. The Company will not be liable to process any kind of refund upon the request made by users.

Cancellations: The Company does not cancel interviews or interview showcases without valid reasons. if either party initiates the cancellation, payments already made will not be refunded. Users will not incur any additional charges for such cancellations.

Use of Platform

- By agreeing to these Terms, you are granted a non-exclusive, limited privilege to access and utilize this Platform, subject to compliance with the Terms. Your use of the Platform must adhere to the following conditions: (a) it should align with the permissible uses outlined in the Terms; (b) it must comply with applicable laws, regulations, and commonly accepted practices; and (c) it should be for the purpose of accessing the Services offered through the Platform. You agree not to engage in activities that could disrupt the Platform's use by the Company or other Users.

- You agree not to access or attempt to access the Platform except through the provided interface by the Company. You shall not employ any methods such as deep-links, robots, spiders, or other automated devices, programs, algorithms, or manual processes that could access, acquire, copy, or monitor any part of the Platform or its Content (as defined below). Additionally, you shall not replicate or bypass the Platform's navigational structure or presentation of materials or Content, nor attempt to obtain materials, documents, or information through unauthorized means not specifically provided by the Platform.

- The Platform may feature third-party content, advertising information, or promotional material ("Ad-Content"). It is clarified that the Company bears no responsibility or liability for any third-party Ad-Content, including its intellectual property and proprietary rights. The accuracy of any Content accessed through the Platform, including Ad-Content, is not guaranteed by the Company. Your use of the Platform, Ad-Content, and all other Content, as well as your choice to view, interact with, or act upon such materials, is entirely at your own discretion and risk.

- Additionally, you agree not to host, display, upload, modify, publish, transmit, store, update, or share any information that:

- Includes content that belongs to another person without proper authorization;

- Contains defamatory, obscene, pornographic, paedophilic, invasive of privacy, including bodily privacy, insulting, harassing based on gender, libellous, racially or ethnically objectionable material, promotes illegal activities such as money laundering or gambling, or violates current laws;

- Harms children;

- Infringes on patents, trademarks, copyrights, or other proprietary rights;

- Violates existing laws;

- Deceives or misleads recipients about the origin of messages or intentionally communicates false or misleading information as fact;

- Impersonates others;

- Threatens the unity, integrity, defense, security, or sovereignty of India, friendly relations with other nations, public order, incites offense, obstructs investigations, or insults other countries;

- Contains computer viruses or disruptive computer code, files, or programs;

- Spreads knowingly false information to mislead or harm individuals, entities, or agencies for financial gain;

- Disrupts or harms the security of the Platform, its systems, resources, accounts, passwords, servers, or networks, including linked sites;

- Violates these Terms or others specified elsewhere; and

- Attempts to reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Platform.

- You are solely responsible for maintaining the necessary computer equipment and internet connections needed to access, use, and conduct transactions on the Platform.

Subscription to Newsletters, Contests, Sweepstakes, or Promotional Offers

- When you sign up to receive any of our newsletters, we will collect Personal Information that you voluntarily provide us. This may include your name, email address, date of birth, and telephone number.

- Furthermore, if you participate in a contest or sweepstakes offered as part of our Services, or register for a promotional offer related to our Services, we will also collect your Personal Information.

Cookies

Our digital magazine uses cookies to enhance your browsing experience, personalize content, and analyze site traffic. These cookies are essential for the website to function effectively and help us understand how you interact with our content. We may also use cookies for advertising purposes to deliver relevant ads based on your interests. By using our digital magazine, you consent to the use of cookies as described in our Privacy Policy. You can manage cookie preferences through your browser settings and opt-out of personalized advertising. For more information about how we handle your data and use cookies, please refer to our full Privacy Policy available on our website.

Data Protection

- The Company may periodically send you information and offer services. For detailed information regarding our policy on such offers, please refer to our privacy statement. However, the Company reserves the right to disclose any information as required by governmental, administrative, regulatory, or judicial authorities under applicable laws or regulations.

- In order to optimize user experience on the Platform, the Company may collect and/or obtain specific User information, including device-related details, IP addresses, and location data. All such User information will be gathered, used, and processed in accordance with the provisions outlined in the Privacy Policy. This policy clarifies how we collect, utilize, and share Your data when utilizing the Platform. The Platform offers options to disable certain features or opt out of targeted advertising. To adjust these settings, please visit the settings page on Your Device as previously mentioned. For opting out of targeted advertising, utilize features such as Google Ads' limit ad tracking or similar settings on Your Device.

- Additionally, the Company reserves the right (and you consent to it) to disclose your Personal Information (as defined in the Privacy Policy) to third parties as deemed necessary or appropriate in our sole discretion for the provision of Services.

Correspondence Channels

- By agreeing to these terms, you expressly consent to receiving communications via SMS, telephone calls, WhatsApp, and/or emails from the Company and other third parties duly authorized by the Company. You also consent to the monitoring and recording of any communications between you and the Company, including its agents, employees, consultants, contractors, or representatives, as well as their authorized partners. This monitoring or recording waives any further notice or consent requirement under applicable laws.

- You have the option to unsubscribe or opt-out of receiving WhatsApp or email communications from the Company. In such cases, the Company will only send you communications necessary for the purposes of the Services provided through the Platform.

Intellectual Property Rights

- The Platform contains a variety of elements meticulously curated and arranged, including text, videos, graphics, user interfaces, visual designs, sounds, music (where applicable), artwork, and computer code. Collectively known as "Media Content”.

- Unless specifically stated otherwise, trademarks, logos, and service marks showcased on the Platform ("Marks") belong to the Company, its Affiliates, or other respective third parties, as applicable.

- Unless explicitly stated otherwise, all materials presented on this site, including but not limited to text, audio, video, or graphical images, as well as trademarks and logos, are the property of the Company and are protected by applicable laws governing copyright and intellectual property rights. You agree not to employ framing techniques to enclose any trademark, logo, or other proprietary information of the Company. Any infringement of these rights will be vigorously defended and pursued to the fullest extent allowed by law.

- You understand and agree explicitly that, to the fullest extent permitted by applicable law:

- The Platform is exclusively operated and managed by the Company, without any involvement of the Licensor.

- The Company provides the Services on the Platform directly to Users, with no involvement from the Licensor.

- The Platform and its Content are provided by the Company "as is," without any warranty of any kind, whether express, implied, statutory, or otherwise. This includes but is not limited to warranties of title, non-infringement, merchantability, or fitness for a particular purpose. The Company does not warrant that the Platform or Services will meet your requirements, or that your use of the Platform will be uninterrupted, timely, secure, or error-free. Any advice or information, whether oral or written, obtained from the Company does not create any warranty unless expressly stated in the Terms.

- Company and the Licensor shall not be held liable for any loss incurred as a result of unauthorized use of Your Account or Account information in connection with the Platform, whether with or without your knowledge.

- The Company has made efforts to ensure the accuracy of all information on the Platform. However, the Company does not warrant or guarantee the quality, accuracy, or completeness of any data, information about the Services, or otherwise. The Company shall not be responsible for delays or inability to use the Platform or its functionalities, the provision or failure to provide functionalities, or any information, software, functionalities, and related graphics obtained through the Platform, whether arising from contract, tort, negligence, strict liability, or other legal theories. Additionally, the Company shall not be liable for the non-availability of the Platform during scheduled maintenance or any unforeseen suspension of access to the Platform due to technical reasons or reasons beyond the Company’s reasonable control.

Indemnity and Liability Restrictions

- You are responsible for indemnifying, defending, and safeguarding the Company and its affiliates, including their licensors, officers, directors, consultants, agents, representatives, and employees ("Indemnitees"). This includes covering any losses, liabilities, claims, damages, demands, costs, and expenses (including reasonable legal fees) incurred by the Indemnitees due to breaches or failures to fulfill your obligations under these Terms and/or the Privacy Policy. Moreover, you agree to protect the Indemnitees against claims brought by third parties resulting from your use of the Platform, any inaccuracies in data or information you provide, violations of the Terms and/or the Privacy Policy, breaches of applicable laws, or infringement of the rights of others, including intellectual property rights.

- In no circumstance shall the Company, along with its officers, partners, consultants, agents, and employees, be held liable to you or any third party for any exceptional, incidental, indirect, consequential, or punitive damages arising directly or indirectly from your use of or access to the Platform or any Content available on it.

- The limitations and exclusions outlined in this Section are enforced to the fullest extent allowed by applicable laws.

IP Infringement

- If you believe the Platform infringes on your intellectual property rights, please notify the Company promptly in writing at hello@thetalkstreet.com.  Notifications must be submitted by the intellectual property owner or an authorized agent. Any false claims may lead to termination of your access to the Platform. Please include the following details in your notice:

- Identify the intellectual property you believe is infringed.

- Describe the item you believe is infringing and provide specific details about its location on the Platform.

- Affirm that you believe in good faith that the identified item is not authorized by the intellectual property owner, its agent, or the law for use on the Platform.

- Provide your contact details, including your address, telephone number, and/or email address.

- Confirm that the information you provided in your notice is accurate, and declare that you are the intellectual property owner or an authorized agent acting on behalf of the intellectual property owner whose rights are allegedly infringed.

- Include your physical or electronic signature.

Non-adherence to the Terms

You acknowledge that any breach of these Terms by you will constitute an unlawful and unfair business practice, resulting in irreparable harm to the Company. Monetary damages would be insufficient to remedy this harm, and therefore, you agree that the Company may seek injunctive or equitable relief as deemed necessary or appropriate under such circumstances. These remedies are supplementary to any other legal or equitable remedies available to the Company.

Service Interruption and Discontinuation

- The Terms will remain in effect until either You or the Company terminates them as outlined below. If You disagree with the Terms or are unsatisfied with the Platform, You may (i) close Your Account on the Platform, and/or (ii) cease accessing the Platform.

- The Company reserves the right, at its sole discretion, to delist You, block Your future access to the Platform, or suspend or terminate Your Account if it believes that You have violated any term of these Terms or the Privacy Policy, or have acted unethically in any manner. Notwithstanding anything in this Clause, all terms that are inherently meant to survive termination will remain in effect indefinitely unless and until the Company decides to terminate them.

Governing Law and Jurisdiction

These Terms are governed by the laws of India, without regard to its conflict of laws principles. Any disputes relating to these Terms shall exclusively be heard and determined by the courts located in Bhilwara, Rajasthan, India.

Mechanism for Redressing Grievances

- Grievance Handling: If you have any grievances, complaints, or concerns regarding the Platform, Content, or Services, you can contact the designated Grievance Officer of the Company at hello@thetalkstreet.com.  

- The Company's Grievance Officer will acknowledge your grievances, complaints, or concerns related to the Platform, Content, or Services within 48 hours of receiving them. They will endeavour to address these issues promptly, ensuring resolution no later than 15 days from the date of receipt of your request.

Miscellaneous Clauses

- Notice: The Company will send all notifications to your registered email address or through general notifications on the Platform.

- Assignment: You are prohibited from assigning or transferring the Terms, or any rights granted hereunder, to any third party. The Company, however, reserves the right to freely transfer its rights under the Terms to any third party without seeking Your consent.

- Severability: If any provision of the Terms, or any portion thereof, is found to be unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect to the maximum extent permissible under the law. This ensures the intent of the parties as reflected by that provision is upheld.

- Force Majeure: The Company and/or the Platform shall not be liable to You for any failure to perform or delay in providing you access to the Platform, or any Services thereof, if such failure or delay is due to circumstances beyond its reasonable control. These circumstances may include acts of God, fires, explosions, wars or hostilities, insurrections, revolutions, strikes, labor disputes, earthquakes, floods, pandemics, epidemics, regulatory or quarantine restrictions, unforeseeable governmental actions, or failures by third-party hosting providers or internet service providers, or due to changes or defects in your computer system's software and/or hardware.