DEAFTAWK TERMS OF SERVICE
These Terms of Service (“Terms”) govern your access to and use of our services, including our various SMS, email notifications, application, ads, commerce services, and any information, text, links, graphics, photos, audio, videos, or other materials or arrangements of materials uploaded, downloaded or appearing on the Services (collectively referred to as “Content”). By using the Services you agree to be bound by these Terms.
WHO MAY USE THE SERVICES
You may use the Services only if you agree to form a binding contract with DeafTawk. In the case of deaf user, you must be at least 13 years old, or in the case of Interpreter 18 years old, to use the Services. If you are accepting these Terms and using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so and have the authority to bind such entity to these Terms, in which case the words “you” and “your” as used in these Terms shall refer to such entity.
THE DEAFTAWK PLATFORM
DeafTawk provides a digital network platform which functions as a marketplace where deaf persons (“Users”) who seek personal Interpretation services, can be matched with persons (“Interpreters”) who can provide the Services. Each Deaf User and Interpreter shall create a User account that enables access to the DeafTawk Platform.
We aim to update the DeafTawk Platform regularly, and may change the content at any time. If the need arises, we may suspend access to the DeafTawk Platform and the Services, or close them indefinitely. Any of the material on the DeafTawk or the Services may be out of date at any given time, and we are under no obligation to update such material.
USE OF THE DEAFTAWK PLATFORM – USER ACCOUNT
In order to use most aspects of the DeafTawk, you must register for and maintain an active personal User account (“Account”). Account registration requires you to submit to DeafTawk certain personal information, which is different in both user and interpreter’s end such as your name, mobile phone number, gender, qualification, work experience, picture and languages. You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information may result in your inability to access and use the DeafTawk Platform, including your ability to request access to your personal information.
You are responsible for safeguarding your account, so use a strong password and limit its use to this account. You agree and understand that you are responsible for all activity that occurs under your Account, even as a result of loss, damage or theft of the device through which you access the DeafTawk platform. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above.
You may only possess one Account through one identification.
PRIVACY OF INFORMATION AND COMMUNICATIONS
In providing the Service, DeafTawk will make reasonable efforts to ensure the privacy of customer’s information and communications. Under applicable law, DeafTawk may be obligated to reveal information or communications which evidence or constitute criminal activity.
You can control most communications from the Services. We may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and your account, and you may not be able to opt-out from receiving them. If you added your phone number to your account and you later change or deactivate that phone number, you must update your account information to help prevent us from communicating with anyone who acquires your old number.
Unless otherwise agreed to, customer represents that the Service will be used for its own internal purposes. (b) The following uses of the Service are prohibited: the transmission of any message or other material, other criminal prohibitions regarding the use of Service to transmit obscene, threatening, harassing or other messages specified therein. Customer agrees to defend and indemnify DeafTawk, its affiliates and their respective successors and to hold them harmless from any claim or action whatsoever arising from the use of Service in any manner prohibited by this Section.
CHARGES AND PAYMENTS
Payments to interpreters shall be made through bank transfer ensuring that bank account details are passed in a secure format. If an interpreter agreement is arranged, or payment is remitted after services have been rendered, payment may be made by check, cash, or money order no later than 45 calendar days after services have been rendered. Deaf users would have to make advance payment and purchase minutes prior to making interpreter request through Jazz Cash.
NO THIRD PARTY BENEFICIARIES
Neither this Agreement nor the provision of Service shall be construed to create any duty or obligation on the part of DeafTawk to any third parties, including, without limitation, any persons participating in or the subject of conversations for which Service are provided. This Agreement does not provide any third party with any right, privilege, remedy, claim or cause of action against DeafTawk, its affiliates or their respective successors.
PROMOTIONS, BUNDLES AND MINUTES
DeafTawk may make promotions available to any deaf user or potential User. These promotions, unless made to you, shall have no bearing whatsoever on your Agreement or relationship with DeafTawk. Promotions will in many cases be made available to you via alpha numeric codes (“Promo Codes”). From time to time, DeafTawk may offer you incentives to gain more Deaf users use our services. These incentives may come in the form of Minutes and Service discounts. DeafTawk may set or change the incentive types, amounts, terms, restrictions for any incentives in its sole discretion.
By becoming a User, you agree to receive communications from us, including via e-mail, text message, calls, and push notifications.
DISCLAIMER.
DEAFTAWK SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” DEAFTAWK DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY SET OUT IN THIS AGREEMENT, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, DEAFTAWK MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE SERVICES REQUESTED THROUGH THE USE OF THE DEAFTAWK PLATFORM, OR THAT THE DEAFTAWK WILL BE UNINTERRUPTED OR ERROR-FREE. DEAFTAWK AND ITS AFFILIATES DO NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF INTERPRETERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE DEAFTAWK SERVICES, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW
INDEMNITY
You agree to indemnify and hold DeafTawk, its Affiliates, Partners and their officers, directors, employees harmless from any and all claims, demands, losses, liabilities, and expenses arising out of or in connection with: (i) your use of the DeafTawk Platform and the Services or services or goods obtained through your use of the DeafTawk Platform; (ii) your breach or violation of this Agreement or (iii) your violation of the rights of any third party, including Interpreters.
AGREEMENT TO CONTRACT FOR SERVICES
By contracting our services and indicating, via email and phone number that you agree to contract interpretation services with DeafTawk under the outlined terms of service. You understand that this agreement constitutes the full agreement under which both the interpreter and deaf user are bound. You may end your legal agreement with DeafTawk at any time by deactivating your accounts and discontinuing your use of the Services.