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TALKNTALK'S TERMS AND CONDITIONS OF USE

PARTIES

 

These "Terms and Conditions of Use", or simply "Terms of Use", constitute a contract between TALKNTALK, enrolled with CNPJ No. 26.865.228/0001-38, Corporate Name PHILLIPE SOARES RODRIGUES DA SILVA 36872208856, headquartered at Rua do Lavapés nº 410, Complemento 2211, Bairro Cambuci, São Paulo/SP, available at the electronic address "www. talkntalk.com.br", through this website called "Platform" or "TALKNTALK", and any natural or legal person called "User" or "Users", who may be classified as a Student, Facilitator Student or Instructor, who must fully agree with all the clauses herein.

 

If you do not agree with any of the conditions set forth in these terms, please contact us through the customer service channels and do not use the services of the platform until your doubt is solved.

GLOSSARY

 

For the purposes of these Terms of Use, the following are considered:

 

  • Website or Platform: talktalk.com.br

  • TALKNTALK or TNT or TNTs: is the platform made available for conversation between people by video call with a differentiated method that will help you achieve fluency in the desired language.

  • Users or Talkers: are the platform users who aim to acquire knowledge in the foreign language of their interest. Users are classified as Students, Student Facilitators, Student Ambassadors and Instructors.

  • Students: These are the users properly registered in the platform, who have purchased a course or learning program.

  • Facilitator Students: are students who already have knowledge of the language, whose objective is to achieve fluency by helping instructors and students, this being an advanced and optional stage of the course development method.

  • Student Ambassadors: these are students who already have experience within the TALKNTALK platform as student facilitators and wish to spread the word about the project, this being an advanced and totally optional stage of the course development method.

  • Instructor: Those users properly registered on the platform and who meet the conditions set forth in these Terms of Use to be a TALKNTALK Language Instructor.​

  • Sessions or Classes: space where the user can develop the 4 foreign language skills: speaking, listening, reading and writing.

  • Privacy Policy: document that describes to users the methods and procedures adopted in the treatment of personal data in the use of the Platform and informs about the privacy and security measures adopted, this being a complementary part of these terms. https://www.talkntalk.com.br/politica-de-privacidade

  • Term of Authorization for the Use of Image, Video and Voice: additive document made available to the Students, Facilitator Students, Ambassador Students and Instructors, which must be fully accepted by all the users of the Platform. https://www.talkntalk.com.br/termos-e-condicoes

HOW DOES THE TALKNALK PLATFORM WORK?

 

The platform is designed for beginner students who have never had contact with a foreign language, as well as intermediate students who seek to unlock their English or wish to improve other languages. Our platform is also designed for people who already have some knowledge of the foreign language and need to put it into practice to maintain their proficiency, being able to act as Student Facilitators on an optional basis. 

 

The platform is also intended for Instructors who wish to teach language classes, but must meet the requirements set forth in these terms and sign a complementary term of agreement, which will contain all the information necessary to become a TALKNTALK instructor.

 

WHO IS IT INTENDED FOR?

 

The platform is designed for beginner students who have never had contact with a foreign language, as well as intermediate students who seek to unlock their English or wish to improve other languages. Our platform is also designed for people who already have some knowledge of the foreign language and need to put it into practice to maintain their proficiency, being able to act as Student Facilitators on an optional basis. 

 

The platform is also intended for Instructors who wish to teach language classes, but must meet the requirements set forth in these terms and sign a complementary term of agreement, which will contain all the information necessary to become a TALKNTALK instructor.

 

OBJECTIVE

 

The objective of our platform is to enable users to participate in video calls made in groups of the selected language, aiming at the development, evolution, and improvement to acquire and maintain fluency in the foreign language, both in conversation and in writing, using a different method than that commonly applied in traditional courses, with constant practical interaction and subsequent fine-tuning to accelerate the development of your learning.

 

ACCEPT

 

To use the services of the TALKNTALK platform, the User must read and accept all the clauses of these terms of use, which will be considered fully accepted whenever using any resources made available by our platform, whether as a Student, Facilitator Student, Ambassador Student or Instructor.

 

You must be at least eighteen (18) years of age to agree and accept this term of use on your own behalf. If you are under 18 years of age, a legal representative must accept these terms and register on the Platform on your behalf, identifying him/herself as your legal representative.

 

IN TALKNTALK YOU WILL FIND 

 

A space to learn and practice languages with the interaction of qualified instructors and facilitators who will help you develop your learning until you achieve fluency in all skills (speaking, listening, reading and writing).

 

TRIAL Plan (free) - In this mode you can test the services of our platform for free actively participating in the class at no cost during 7 days. You will be able to browse our platform for two weeks and discover all the possibilities and tools we offer you to unlock the language you want through conversation.

https://talkntalk.com.br/planos

 

LITE Plan (monthly) - In this initial plan you will have access to our platform and can schedule up to 4 (four) hours, or 4 (eight) group sessions per month, plus discounts on the purchase of individual private lesson packages.

 

PRO Plan (monthly) - We offer our users the PRO monthly subscription plan, which includes unlimited group class scheduling, an immersion plan for beginner and intermediate users, a Planner, support material, access to the Talker Space, themes and questions, group mentoring, and several other benefits. The subscription can be made monthly or through the purchase of an annual plan with a discount, according to the promotion published at the time of purchase. See our offers at: https://www.talkntalk.com.br/planos 

 

PARTICULAR (monthly) plan - This plan is for users who want individualized service, with individual class sessions of up to 30 minutes. In this plan you will have 300 (three hundred) minutes of private classes per month and you can schedule your classes at any time of the day, depending on the availability of your instructor, whom you can select according to your preference.

 

PREMIUM Plan (monthly) - In this monthly subscription plan you will have absolutely all the functionalities of our platform, you will be able to participate in group classes - unlimited - you will have access to Planner, materials, Talker space, themes and questions, mentoring and will still have 300 (three hundred) minutes of private classes per month, which do not necessarily have to be in the same language. In this plan you can have private classes in one language and participate in group classes in other languages to maintain your fluency in the language you already speak.

 

SOCIAL Plan - Our platform's ideal is to spread knowledge to everyone. And it was with this in mind that we developed the SOCIAL Plan. This plan allows USERS WHO WANT TO LEARN ENGLISH and are currently unemployed to qualify for the job market, having access to all the benefits of the PRO plan, without having to pay a cent. However, the user will have to prove his or her situation of need (e.g. unemployed) and will have to follow some rules, such as NOT Failing ANY CLASSES, and posting two times a week on his or her social networks, tagging our platform. This way you will show that you are qualifying for the job market (e.g. LinkedIn), and you may have new opportunities.

It is important to emphasize that this plan is conditioned to the User's situation, and if he does not meet his weekly goals his access will be blocked immediately. 

 

Elementary English Course - for Users who want to learn the English language from scratch, with a platform that guarantees a complete journey, which contains step by step, didactic material and access to study groups, and can be purchased on the Hotmart Platform, through the link below.

http://talkntalk.com.br/elementaryenglish

 

WhatsApp Groups - These are study groups conducted through the WhatsApp application, where users have access to private and exclusive groups with support for questions and networking from TALKNTALK. Exclusive for students of the PRO or PREMIUM plans.

http://talkntalk.com.br/planos

 

Spoken English Product - The Platform also provides, free of charge, all the features and benefits of the PRO plan users, for 4 (four) months, to the students who purchased the product inglesfalado.vc, as a bonus so that these users can get to know all the benefits of the PRO plan. All and any problem related to this product must be solved directly on the site where the purchase was made, being subject to the terms and conditions of use available on this platform, besides expressly agreeing with all the terms and conditions available to use this platform.

https://inglesfalado.vc/.

 

The platform reserves the right to change, exclude or add courses offered at any time, and may change values and conditions without prior notice.

 

REQUIREMENTS TO BE A STUDENT

 

to becomeStudentgivestalk'n talkIt's very easy, you just have to choose one of the options available on our website, choosing the plan according to your interest.

 

You must register, provide your data correctly and pay for the selected plan.

 

When registering, the User accepts the Term of Authorization for the Use of Image, Video and Voice, as well as consents to the recording of classes through the ZOOM platform or live through the Youtube Platform. These platforms have their own terms of use, and the user must be aware of all the e  rules and conditions set forth in them.

 

If you are a minor, the legal guardian must also consent to these Terms of Use and the Image, Video and Voice Use Authorization Term.

 

REQUIREMENTS TO BE A FACILITATOR STUDENT

 

For those of you who have an advanced level in the language and want to improve your knowledge through the advanced method of language facilitator, you must register for this stage, being a Student of the Platform and passing a proficiency test/interview._cc781905-5cde -3194-bb3b-136bad5cf58d_

 

After this initial step, a profile analysis will be carried out by thetalk'n talk, which, if approved, the user will be considered aStudent Facilitatorof the Talk'n Talk platform and will be part of the classes to facilitate the learning of beginner students. Be aStudent Facilitatorit is one of the final steps and is part of the User's learning process to achieve proficiency in the desired language.

 

By becoming a Student Facilitator, you will be able to mentor other students in order to develop speaking and conversation in the chosen language. The Facilitator Student must be aware that mentorships and all their exchange of knowledge carried out through this Platform do not have any type of employment relationship and that they will not receive any type of remuneration, which is a learning method for development and improvement. of the chosen language, being an advanced stage of the course to provide the User's development and fluency.

STUDENT AMBASSADORS

 

Have you ever thought about helping other people to know the benefits of being a "Talker" and still providing them with discounts when purchasing plans even greater than those already available on our website? Now you can become a Student Ambassador and promote our services and differentiated methodology to new users with cumulative discounts to those of the site.

 

For you to become a Talk'n Talk Student Ambassador, fluency in a foreign language is not necessary, however some basic requirements must be met before becoming one, such as: Have at least 6 (six) months as a user the platform actively; have complete knowledge about the features of our platform; to know our products and how they are developed in classes/activities; in addition to being interested in helping and providing opportunities for other people to achieve their goals through our platform, whether through the free or paid plan.

 

The Student Ambassador will have an exclusive discount code, which will add to the discount offered directly on our website, making it possible to further reduce the value of our plans to new Users.

 

By becoming a Student Ambassador you will also have benefits such as: discounts on the purchase of Talk'n Talk products or plans and you will be recognized whenever a new Student hires a plan using your promotional code.

 

It is worth remembering that this type of user is TOTALLY OPTIONAL, and does not keep any type of relationship or employment relationship, nor is it part of the course methodology, having no relationship with the level of proficiency in the foreign language of our Users. This modality only allows our Student Ambassadors to promote our differentiated services and methodologies to other people for a lower price than the one sold on the site.

 

You can express your interest in becoming a Student Ambassador via emailsupport@talkntalk.com.br, with the subject "I WANT TO BE A STUDENT AMBASSADOR" and our support team will contact you as soon as possible to analyze the fulfillment of the requirements and establish all other rules and conditions for this modality.

 

REQUIREMENTS TO BE INSTRUCTOR

 

To become an instructor, you must fill out a form providing your name, ID, email address, location and phone number, and tell us why you want to become an instructor at Talk'n Talk.

 

When registering, the User accepts the Term of Authorization for the Use of Image, Video and Voice, as well as consents to the recording of classes by the platform.

 

After this initial step, a profile analysis will be carried out by the Talk'n Talk team. 

Having passed the profile analysis, an interview will be scheduled to see if the candidate interested in being an instructor has the proficiency to perform the necessary functions.

 

The candidate must be aware that he does not have any type of employment relationship with the platform, agreeing that the platform will only allow the Instructor and Student to approach.

 

The Instructor undertakes to immediately communicate the platform if he understands that he is fulfilling any requirement of an employment relationship, either individually or simultaneously, such as: Alterity, Subordination, Personality, Onerosity and Non-event

 

The instructor will be required to sign an amendment to these terms of use, which will contain all relevant information about the services provided, such as availability, amount receivable per hour, deposit account and other guidelines to be followed.

 

INFORMATION PROVIDED AND RESPONSIBILITIES

 

The information provided in the Talk'n Talk Platform registration form is the sole and exclusive responsibility of the User and any data provided incorrectly or untruthfully may lead, if it is not possible to make the correction, to the exclusion of the User from the platform.

The responsibility for keeping the registration data updated is the sole responsibility of the User.

 

USE OF THE PLATFORM

 

In order to use the Talk'n Talk Platform services, the user must fully agree with all the clauses and conditions set out in these terms of use and privacy policy, being able to choose to purchase various plans and course options offered on our website or even try it for free on the TRIAL plan.

 

The acquisition of courses, plans or other services is personal and non-transferable, and cannot be passed on to third parties without the prior consent of the platform administrator.

 

The course purchase will follow the model chosen by the user, and may have access to various benefits as offered on our platform. 

 

The platform reserves the right to modify the values provided at any time, not linking any discounts to previously contracted models.

 

Users of the PRO SOCIAL Plan must attend all previously scheduled classes, if the user does not attend without prior justification, their access will be blocked immediately, and they must contact thesupport@talkntalk.com.brto justify your lack or absence of engagement (posts). After sending the justification, the User will be subject to analysis by the Talk'n Talk team to release access again.

 

MISUSE

 

The use of the platform for illicit purposes or that are in disagreement with the Terms of Use and the Platform's Privacy Policy will not be allowed.

The platform reserves the right to suspend or exclude the access of any person who uses the platform for purposes different from the object of these terms.

 

The misuse of the platform, contrary to these terms, will cause the immediate suspension of the user without the right to reimbursement of the amounts paid, as well as the right of recourse in the face of possible damages caused to third parties or the image of the platform.

 

WHATSAPP GROUPS - GOOD CUSTOM PRACTICES

 

The Platform has written conversation groups with exclusive content for each language, Users of the platform will be able to access groups on WhatsApp with Students, Student Facilitators and Talk'n Talk Instructors in which they must respect the guidelines pre-established, for example, by the Platform:

 

  • Use the group for the sole purpose of exchanging knowledge about the language in question;

  • Respect all members of the group, regardless of political ideology, religious belief, sexual orientation or ethnicity;

  • Do not spread fake news;

  • Do not pass on currents;

  • Do not carry out hate speech;

  • Do not advertise;

  • Do not harass members in private conversations.

 

The User may not use the Services to transmit, display or make available any messages, content or materials that are illegal, obscene, threatening, spam, defamatory or invasive of privacy.

 

Any violation of the rules set forth herein will result in the permanent exclusion of the user without the possibility of refunding the amounts paid.

 

It will not be allowed, for any User, to call other users in the private chat to offer services, courses, or any other type of commercial advertisement, being prohibited the sharing of data or capture of these for purposes other than the object of the Platform.

 

CERTIFICATION 

 

When the User enrolls in one of the courses offered by Talk'n Talk, which offers a Certification, the User, after completing all the classes in that course, may request the certificate, which will be sent to him in digital format, through the e-mail - registration email, containing the hours and language of the course taken. 

 

This certificate is not recognized or linked to the MEC, and can only be used to prove additional hours, subject to approval by your Educational Institution. Talk'n Talk is not responsible for the use or otherwise of the hours studied at its educational institution, being a decision exclusively of the institution that you wish to use. 

 

CANCELLATION POLICY

 

The cancellation of the contracted plan (Trial or paid) can be performed directly by the user in the account settings of our platform. After the cancellation request, access to your account will be suspended until the end of the contracted period. You can reactivate your plan at any time to use the remaining classes according to the contracted plan.  After this period, your account will be deactivated and your data will be deleted. Always respecting the legal deadline as provided in our privacy policy and GDPR guidelines.

 

The cancellation of the monthly plan will be made within 48 hours, and the student is aware that, if done after charging the plan amount, there will be no refund, and the cancellation will be effective on the subsequent anniversary date of the monthly subscription.

 

For Annual Plan Users, your payment will always be considered in cash, even if you have made a purchase in installments using your credit card on our website. The payment installment of the contracted plan is not a monthly fee, and the refund request can only be made within 7 (seven) days after purchase.

 

When making the cancellation request, the User automatically loses all discounts and benefits granted to Users of Annual plans, and the value of the period used in full will be computed, without the right to any benefit or discount granted at the time of purchase.

If you have any queries regarding cancellation, you can contact our customer service team via email.support@talkntalk.com.br.

 

REFUND POLICY 

 

Within a period of 30 (seven) days, counted from the date of release of access, the user may withdraw from the purchase and request a refund of the amounts paid.

 

In this way, if the user wants to request a refund, he/she must request the cancellation or refund of the purchase via email.cancellation@talkntalk.com.br.

 

Considering that the payment method is made by credit card, the purchase amount will be refunded on your next card bill or on the following month's bill, which may take 30 to 60 days (this period depends on the closing date of the invoice).

 

Upon requesting a refund, the user will forfeit any and all discounts granted. The full amount (monthly) of the period used will be considered and only the remaining amount will be refunded, if any.

 

If you have any problems with canceling your plan, you can contact our support team through our platform or by sending an email tosupport@talkntalk.com.br.

 

Talk'n Talk markets some of its products through other platforms, such asenglish. you, which is marketed on the platformhotmart.

 

Any and all cancellation or refund requests arising from the marketing of products by third parties must be made directly on these platforms, respecting the cancellation and refund policies established by them, as well as all provisions of the terms of use and privacy policy.

 

EXCLUSION AND LIABILITY

 

The misuse of the Platform may subject the User to his immediate exclusion from the Platform, and may also be held responsible for any illicit act that may be practiced on behalf of Talk'n Talk. All acts performed by users are their sole responsibility, and the Platform may demand the User for losses and damages caused to third parties or the image of the platform.

 

Our platform undertakes to analyze any and all complaints reported by any user within 48 hours, suspending the possible violating user immediately until the due investigation of our team.

 

As it is a platform to bring students and instructors together, Talk'n Talk only provides methodological guidelines to be followed, not being responsible for any violation of law or illegality, always respecting the chair freedom and autonomy of each instructor. .

 

The process of learning a new language depends on several external factors unrelated to the methodologies applied by Talk'n Talk, so there is no way to guarantee the precise evolution of each student, which may vary according to the ease and development of each person or specific case. .

 

PROCESSING OF PERSONAL DATA

 

With the agreement of these Terms of Use, the Platform is authorized to carry out the processing of the data, required in the registration forms, solely for the following purposes:

 

    • Enable the identification of Students, Student Facilitators and Instructors.

    • Enable the provision of services for free or for a fee, depending on what is established between the user and the platform;

    • Offer services and products available on the platform;

    • Charges if user opts for additional paid services. 

 

The Platform will not share any data of the holders for purposes other than those set out in the previous item.

 

The data will be kept during the entire period of use and will be deleted after the end of the relationship agreed here, remaining until the end of the civil statute of limitations and only those of an anonymized nature that cannot be associated with any individual._cc781905-5cde- 3194-bb3b-136bad5cf58d_

 

Images, videos and voices will also remain as granted no 

Term of Authorization for the Use of Image, Video and Voice.

 

At any time, the data subject may request the deletion or anonymization of their personal data, via the email provided in the platform's privacy policy.

 

The recordings made during the classes are stored for a period of 30 (thirty) days, being deleted after the end of the period.

 

If access to the recordings of the classes is necessary, the user must forward a request to the DPO in charge, within a timely period of 10 (ten) days before the period of automatic exclusion of the videos. 

 

All classes are recorded by the Zoom Platform, which does not allow the platform direct access to the content of the recorded videos, according to the platform's terms of use and privacy policy.

 https://explore.zoom.us/en/trust/legal-compliance/

 

Further information on data protection can be accessed in the privacy policy of our platform at:http://talkntalk.com.br/politica-de-privacidade

 

MODIFICATION OF THE TERMS OF USE

 

These Terms of Use are valid indefinitely and can be changed at any time by the platform.

 

The User who continues to use the services of the platform fully agrees with the changes made.

 

The User will be informed whenever there is a significant change in these terms, and will be informed through the electronic address registered on the platform, and if he does not agree, he must stop using the services of the platform immediately.

 

Non-agreement with the terms and conditions of use does not give rise to the right to refund the amounts paid.

 

COPYRIGHT AND INTELLECTUAL PROPERTY 

 

The user, by accepting this term of use, assigns to Talk'n Talk, for an unlimited time, any and all copyrights referring to the material and content presented via the Platform. 

 

Talk'n Talk becomes the holder of all rights regarding the materials developed for the classes on its platform, being able to replicate, copy, reproduce, market for free or for a fee. 

 

The User irrevocably and irreversibly grants all copyright and intellectual property developed during his experience as a User of the platform, whether as a Student, Student Facilitator or Instructor. 

 

Commercial use of the expression Talk'n Talk, such as a brand, business name or domain name and the logo are the exclusive property of the owners of the Platform. 

 

Likewise, copyrights and other rights subject to industrial property protection such as structure, contents of the screens related to the Platform, as well as the programs related to it, website, database, networks and files, are the property of the Platform.

 

All rights are protected by the rules and provisions set forth in the Brazilian legal system, laws and international treaties. 

 

The user will not be allowed to reproduce, duplicate, copy, sell, resell, record, or in any other way exploit for commercial purposes the contents made available on the Talk'n Talk Platform without the prior consent and authorization of the legal person responsible for the Platform._cc781905- 5cde-3194-bb3b-136bad5cf58d_

 

It is expressly prohibited to use data mining, robots, or other data collection and extraction tools to extract, isolated or recurrently, any substantial part of the Platform for its reuse.

 

NULLITIES

 

If any of the clauses of these Terms of Use is considered invalid, illegal or unenforceable, in whole or in part, by court decision or by legislative change, only the exact part or clause in conflict will be considered affected, and the other provisions shall remain in force in its completeness.

 

The tolerance of one of the parties regarding the breach of any obligation by the other party will not mean waiver of the right to demand the fulfillment of the obligation, nor forgiveness, nor alteration of what was contracted here.

 

FORUM

 

In case of disagreement regarding any clause set forth in these terms of use that may be subject to the filing of a lawsuit, the user must previously report his intention to file a lawsuit in order to attempt an amicable resolution, which, if not respected, will result in him lack of procedural interest, liable to loss of suit and bad faith.

 

In the event of any disputes arising from any controversy, Brazilian Law and the applicable National Legislation will be applied, in which the City of São Paulo/SP Forum is elected as competent to settle any disputes in this Term of Use, however privileged it may be or come to be, and priority should always be given to attempts at amicable resolution, whether by conciliation or mediation.

 

DO YOU HAVE ANY QUESTIONS ABOUT THE TERM?

 

If there is any question, suggestion or complaint, the Platform has the following service channels: 

 

Phone and WhatsApp: (11) 975-152-7831

Email:support@talkntalk.com.br

DPO:phillipe@talkntalk.com.br

Available on: June 28, 2022.

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