Talkback Terms and Conditions

I. Legal Agreement with Talkback

User access and use of Talkback Products is subject to the terms of a legal agreement between the User and Talkback. By Talkback Products (also referred to as “Talkback”), we mean services and features we make available through (a) our website at www.Talkback.pk and (b) which include but are not limited to any other Talkback branded or co-branded websites, software, applications and mobile versions. By registering with Talkback, the User enters into a legally binding agreement, whereby he/she accepts (A) the terms and conditions laid out herein, (B) Talkback’s Privacy Policy, (C) Talkback’s Cookies Policy, (D) Talkback’s Copyright Policy and (E) any additional agreements you may enter into with Talkback in connection with Talkback Products, as amended from time to time in accordance with the terms stated herein (collectively called the "Terms").

By accessing or using any Talkback Product, the User confirms that he/she has read and agreed to be legally bound by the Terms, which may be amended from time to time. User’s continued use of any Talkback Product will be deemed to constitute User’s acceptance of such amended Terms or of any change in the Terms by Talkback, in any form, whether it is following a notification by Talkback or not. Please read the Terms carefully and review them from time to time to remain up to date. You can contact us if you have any questions at contactus@talkback.pk

II. Using Talkback: User’s Obligations

Access and use of Talkback Products is permitted in compliance with the following Terms and all applicable laws. In order to register and use Talkback Products, User confirms that he/she has read the Terms below and agree to abide by them. User hereby affirms to use Talkback in an ethical, responsible and secure manner and agree to:

  1. Use Talkback only if he/she is above the age of 18
  2. Register with Talkback using an authentic account he/she alone has ownership of and the legal rights to operate
  3. Only create and use one Talkback account in his/her name
  4. Operate the account himself/herself and not through automated means such as bots, robots and spiders, without Talkback’s prior permission
  5. Provide information that is accurate, pertains to himself/herself and has the permission to share
  6. Keep account information up to date
  7. Create a Talkback account on behalf of another person only if he/she has their express permission prior to creating it
  8. Ensure that his/her Talkback account is not used by any person other than himself/herself, especially by a person under the age of 18
  9. Guarantee that if he/she registers or uses a Talkback account on behalf of a company, organization, government or any other entity, (a) he/she is duly authorized to create, use and grant all permissions and licenses required under these Terms and bind the company, organization, government or any other entity to these Terms, (b) that he/she (the term "he/she" includes the User and such other company, organization, government or any other entity) agrees to these Terms on behalf of the company, organization, government or other entity on behalf of whom he/she registers or uses the account
  10. Secure his/her account with a strong password and notify Talkback in case of any breach or unauthorized use of his/her account
  11. Assume complete responsibility for how he/she uses Talkback and what he/she posts from his/her account User acknowledges and accepts that:
  12. Talkback is a public platform and he/she is fully aware of the risks associated with making personally identifiable information or content available. User therefore undertakes to exercise discretion and only share information that pertains to himself/herself, which he/she deems appropriate. User further undertakes that he/she will not share any other person’s personally identifiable information, identification documents or sensitive financial information on Talkback
  13. User will not collect or share information about other users and what they share except by obtaining their prior consent; specifying what the solicited information will be used for; and clarifying that it is the User and not Talkback, who is collecting the information or sharing the content. However, User may not solicit login information or access to an account belonging to another person
  14. User will not use Talkback to do anything unlawful, misleading, malicious, or discriminatory, or to bully, intimidate, or harass any user through Talkback
  15. User will not post any content that is defamatory, abusive, threatens another, glorifies terrorism, pornographic; incites hatred or violence; contains nudity, graphic or violence
  16. User will expose himself to liability if the content he/she posts violates third-party rights which include but is not limited to copyright, patent, trade secret, intellectual property or other proprietary rights; is false, misleading, defamatory, abusive or spreads spam, malicious code or such software; contravenes any person’s right to privacy, exploits or harms a person; contains hate speech, graphic pornography, advocates the violation of or violates any law or regulation
  17. User will not use Talkback’s copyrights, trademarks or any similar marks and logos, except with Talkback’s prior written permission and as permitted under the Business Terms of Service
  18. User will not use Talkback commercially for marketing, advertising and promotion except with Talkback’s prior written permission and subject to Talkback’s Business Terms of Service
  19. User will not do anything that could interfere with or disrupt and disable the functionality and security of Talkback
  20. User will not violate or encourage others to violate the Terms or any other Talkback policies
  21. Talkback may automatically upgrade Talkback Products, which may include software that is downloaded to User’s computer, phone, tablet, or other device and these Terms will apply to such upgrades Subject to these Terms, User agrees that Talkback reserves the right to disable, suspend or terminate an account and modify or remove content if it violates the Terms. If Talkback takes action against User’s account or content and User believes that Talkback removed it by mistake, Talkback will provide User with an opportunity to appeal. However, if an account is found to repeatedly infringe the Terms, Talkback is entitled to disable User’s account permanently if Talkback considers it appropriate.

III. Content on Talkback

  1. What User may post

Talkback allows User to post “content” which includes but is not limited to photos, videos, comments, links, and other information, subject to its Terms. Content User posts or makes available through Talkback Products is referred to as "User Content." User retain all rights & liabilities in, and is solely responsible for the User Content that he/she posts or uploads in any manner or form using Talkback Products.

  1. User content on Talkback

User grants Talkback and its users a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to use, store, display, reproduce, save, modify, create derivative works, perform, and distribute content that he/she makes available through any means on Talkback. Nothing in these Terms shall restrict other legal rights Talkback may have with regard to User Content or any other content, for example under other licenses. Talkback reserves the right to remove, move or modify any content including User Content for any reason. Such reason may include Talkback’s belief that the content in question violates applicable laws, these Terms or any other policy. User further agrees that Talkback and its third-party providers and partners may place advertisement(s) on the Talkback Products or in connection with the display of content or information from the Talkback Products whether submitted by User or others. Furthermore, Talkback grants the operators of public search engines permission to use spiders to copy materials from the Talkback products for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Talkback reserves the right to revoke these exceptions either generally or in specific cases.

  1. How long Talkback keeps User content

Talkback may retain User Content for a commercially reasonable period of time for backup, archival, or audit and legal purposes even after an account has been deactivated or terminated. Talkback and its users may also retain and continue to use, store, display, reproduce, share, modify, create derivative works, perform, and distribute any of User Content that other users have stored or shared through Talkback, subject to its Terms.

  1. Feedback

Talkback values its Users. To make User’s Talkback experience even better, Talkback invites User feedback and suggestions, which may be submitted to Talkback through contactus@talkback.pk. User agrees to submit feedback and suggestions with the understanding that Talkback is free to use them without any compulsion, restriction or compensation to User. In accepting User’s feedback, no rights are waived by Talkback to use feedback that may be similar, obtained from or submitted by other sources, previously submitted to Talkback or developed by its employees or affiliates.

IV. Talkback’s license to User

Subject to these Terms, Talkback grants User a limited, non-exclusive, non-transferable, and revocable license (Talkback License) to use Talkback Products. Talkback reserves the right to revoke access to or prevent the use of (temporarily or permanently) Talkback Products or any features within the Talkback Products to User. Talkback may also remove or refuse to distribute any content on the Talkback Products without liability to User. Talkback also retains the right to determine and limit the use and storage of Talkback Products at its sole discretion.

V. Commercial use of Talkback

To use Talkback for commercial purposes, User must create a business account and agree to our Business Terms of Service. In case of business accounts, in addition to the Terms as stated in Clause I. 1 above, the terms as stated in the Business Terms of Service shall also constitute part of the legally binding agreement between Talkback and User and all references to the word Terms in this agreement shall also be deemed to include reference to the Business Terms of Service. By accessing or using any Talkback Product through a business account, User confirms that he/she has read and agreed to be legally bound by the Terms, which may be amended from time to time. User’s continued use of any Talkback Product will be deemed to constitute his/her acceptance of such amended Terms or of any change in the Terms by Talkback, in any form, whether it is following a notification by Talkback or not. Please read the Terms carefully and review them from time to time to remain up to date. User can contact us if you have any questions at contactus@talkback.pk.

VI. Advertisements and Commercial Content

Talkback, its affiliates or third-party partners may display advertisement and information using Talkback Products. User grants Talkback consent and permission to use information associated with his/her account that User submits to Talkback, in connection with commercial, sponsored, or related content (such as a brand User likes) served or enhanced by Talkback, subject to Talkback’s Terms and Privacy Policy.

VII. Copyright Policy

Talkback has adopted and implemented the Talkback Copyright Policy. For more information, please read our Copyright Policy. Talkback provides User with reporting tools (flag post) to help protect his/her intellectual property rights.

VIII. Privacy

Talkback has adopted and implemented the Talkback Privacy Policy. For more information, please read the Talkback Privacy Policy.

IX. Third-Party Links, Sites, and Services

Talkback Products may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Talkback. Talkback does not endorse or assume any responsibility for any such third-party sites, information, materials, products, services or other such content. If User accesses any third party website, service, or content from Talkback, he/she does so at his/her own risk and agrees that Talkback will have no liability arising from his/her use of or access to any third-party website, service, or content

X. Mobile and Other Devices

If User accesses and uses Talkback through a mobile phone or any other device, please be aware that his/her carrier's data rates and fees will still apply. In the event that User changes or deactivate his/her mobile phone number linked to his/her Talkback account, he/she will update his/her account information on Talkback within 48 hours to ensure that information associated with User account is his/hers and does not belong to any person other than User.

XI. No Endorsement

Talkback does not endorse any User or User Content. Further, Users may not explicitly or implicitly state that Talkback, in any way and through any means, endorses them or User Content.

XII. Termination

If User violates the letter or spirit of these Terms, or in case of business accounts violate the Business Terms of Service, or any applicable law, or infringe any rights from which legal liability arises, Talkback may stop providing all or part of Talkback Products to User. Talkback may terminate or suspend the Talkback License at any time, with or without cause or notice to User. User may be notified by Talkback of such termination or suspension by email or when User attempts to access his account next. User may also delete or disable his account at any time. In all such cases, these Terms shall terminate, but the following provisions will still apply: III 2 & 3, XIII, XIV, XV, XVI, XVII, XVIII & II.

XIII. Limitation of Liability

User access and use of Talkback Products will expose him/her to content from variety of sources. User acknowledges and agrees that User, and not Talkback, bears sole responsibility for content they share and they are under obligation to ensure it does not infringe on rights, violate Talkback’s Terms or any applicable laws and regulations. While accessing and using Talkback Products, should User be exposed to content that is inaccurate, offensive, violates our Terms or applicable laws and regulations, User agrees to waive any legal or equitable rights he/she may have with respect to Talkback, to the maximum extent permitted by applicable law, and User agrees to indemnify and hold harmless Talkback, its owners, shareholders, employees, operators, officers, affiliates, subsidiaries, licensors and licensees to the fullest extent allowed by law regarding all matters related to User’s access and use of Talkback.

XIV. Indemnity

To the maximum extent permitted by applicable law User agrees to indemnify and hold harmless Talkback and its owners, shareholders, employees, operators, officers, affiliates, subsidiaries, licensors and licensees from and against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses, including, without limitation, reasonable legal and accounting fees (including costs of defense of claims, suits or proceedings brought by third parties), in any way related to (a) User’s access to or use of Talkback Products, (b) User Content, or (c) breach of any of these Terms by User (d) violation of any third party right by User.

XV. Disclaimers

To the maximum extent permitted by law, Talkback shall not be liable for any indirect, incidental, special, consequential or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, good-will, or any intangible losses, resulting from (a) User’s access to or use of or inability to access or use the talkback products; (b) any conduct or content of any third party on the Talkback products, including without limitation, any defamatory, offensive or illegal conduct of other users or third parties; or (c) unauthorized access, use or alteration of User’s transmissions or content.

XVI. Arbitration

  1. For any dispute User and Talkback, User agrees to first contact Talkback and attempt to resolve the dispute with Talkback informally.

Except as expressly provided herein, if Talkback has not been able to resolve the dispute with User informally, User and Talkback agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief including but not limited to those for prevention of the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights), arising out of or in connection with or relating to these Terms or the Business Terms of Service, through binding arbitration in accordance with the provisions of the Arbitration Act, 1940 and rules made thereunder and any statutory modifications thereto. The arbitration proceedings shall be conducted in Islamabad and any award issued by the arbitrator shall be filed before the court of competent jurisdiction in Islamabad to be made rule of court.

  1. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys' fees and reasonable costs for expert and other witnesses. Nothing in this Section shall prevent Talkback from seeking injunctive or other equitable relief from courts of competent jurisdiction for matters related to data security, intellectual property or unauthorized access to the Talkback Products. All claims must be brought in the parties' individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding, and, unless agreed otherwise, the arbitrator may not consolidate more than one person's claims.
  1. To the extent any claim, dispute or controversy regarding Talkback or our Products isn’t arbitrable under applicable laws or otherwise: User and Talkback agree that any claim or dispute regarding Talkback will be resolved exclusively in accordance with Clause XVII & Clause XV of these Terms.
  1. Talkback reserves the right to change this dispute resolution provision, but any such changes will not apply to disputes arising before the effective date of the amendment. This dispute resolution provision will survive the termination of any or all of your transactions with Talkback.

XVII. Governing Law and Jurisdiction

These Terms and Business Terms of Service shall be governed by the laws of the Pakistan, without respect to its conflict of laws principles. With regard to any claim or action that is not arbitrable as stated in Clause XVI above, User and Talkback agree to submit to the jurisdiction of the courts of Islamabad. User agree that any claim arising out of or related to User’s relationship with Talkback must be filed within one year after such claim arose; otherwise, such claim will stand permanently barred and such bar will be valid notwithstanding anything to the contrary in the governing law.

XVIII. General Terms

  1. Talkback shall comply with the law and nothing in these Terms shall prevent compliance with applicable law.
  2. User shall comply with all applicable laws, regulations and Terms when using or accessing Talkback.
  3. Talkback reserves all rights not explicitly granted to User.
  4. Talkback does not confer any third party beneficiary rights.
  5. By using or accessing Talkback Products, User agree that Talkback can collect and use such content and information in accordance with the Privacy Policy as amended from time to time.
  6. User may receive Talkback’s notifications, SMS message notifications and emails from Talkback and can opt out at any time.
  7. Talkback reserves the right to determine the form and means of providing notifications to User, and User agrees to receive legal notices electronically if Talkback so chooses. Talkback may revise these Terms from time to time and the most current version will always be posted on its website. If a revision, in Talkback’s sole discretion, is material it may notify User. By continuing to access or use the Products after revisions become effective, User agree to be bound by the revised Terms.
  8. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by User. However, all of Talkbacks rights and obligations under these Terms are freely assignable by Talkback including but not limited to transfer in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise. Any attempted transfer or assignment by User in violation hereof shall be null and void.
  9. These Terms and any amendments to the same by Talkback and any additional agreements User may enter into with Talkback in connection with the Talkback Products, shall constitute the entire agreement between User and Talkback concerning the Talkback Products. If any provision of these Terms is deemed invalid, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
  10. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Talkback's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.