Terms of use

Introduction

PLEASE READ CAREFULLY THE TERMS AND CONDITIONS OF THIS END USER LICENSE AGREEMENT ("EULA") BEFORE DOWNLOADING, INSTALLING OR USING THE SOFTWARE APPLICATION ( "APP" ) PROVIDED BY EBS . ("TWIRLL"). THIS IS A LEGAL AGREEMENT BETWEEN TWIRLL AND YOU. THIS EULA, THE TWIRLL MASTER TERMS OF SERVICE AND THE TWIRLL PRIVACY POLICY ARE INCORPORATED HEREIN BY REFERENCE (COLLECTIVELY THE "TERMS") AND GOVERN YOUR ACCESS TO AND USE OF THE APP. ANY TERMS NOT DEFINED IN THIS EULA SHALL BE GIVEN THE SAME MEANING AS STATED IN THE MASTER TERMS OF SERVICE.

BY DOWNLOADING, INSTALLING OR USING THE APP YOU ACKNOWLEDGE AND AGREE THAT:
  1. Your use of the App in conjunction with the Twirll, Device is solely at your own risk;
  2. The App is licensed, not sold to you and you may use the App only as set forth in this EULA
  3. You consent to the collection, use, sharing and transfer of your personally identifiable information, including the transfer and processing of your information outside your home country, as outlined in the Twirll Privacy Policy;
  4. You acknowledge that third party terms and fees may apply to the use and operation of your mobile device in connection with your use of the App, such as your carrier"s terms of service, and fees for phone service, data access, or messaging capabilities, and that you are solely responsible for payment of any and all such fees;
  5. As set forth in this EULA, the App is provided "as is";
  6. You may send an e-mail to twirll.support@ebsconsulting.biz to have a copy of this EULA sent to you; and
  7. If you are using the App on an iOS product, you agree to and acknowledge the "Notice Regarding Apple," below.
IF YOU DO NOT AGREE TO BE BOUND BY ABOVE TERMS (AS DESCRIBED IN FURTHER DETAIL BELOW) YOU MAY NOT DOWNLOAD, INSTALL OR USE THE APP. MODIFICATION OF THE EULA

Twirll reserves the right to modify and/or change any of the terms and conditions of this EULA at any time and without prior notice. If Twirll materially modifies this EULA it will make reasonable efforts to notify you of the change. For example, we may send a message to your email address, if we have one on file, or generate a pop-up or similar notification when you access the App or the Service for the first time after such material changes are made. By continuing to use the App after Twirll has posted a modification of this EULA, you agree to be bound by the modified EULA. If the modified EULA is not acceptable to you, your only recourse is to discontinue the use of and uninstall the App. This Agreement will also govern any software upgrades and/or updates provided by Twirll that upgrade and/or supplement the App, unless such upgrades and/or updates are accompanied by a separate license, in which case the terms of that separate license will apply.

Limited License

Conditioned upon your compliance with the terms and conditions of this EULA, Twirll hereby grants to you a limited, revocable, non-exclusive, personal, non-sublicensable, non-transferable, non-assignable license to install and use the executable form of the App solely for your personal use on a device (whether mobile device or other) owned or controlled by you. Twirll reserves all rights in the App not expressly granted to you in this EULA.

Phone Settings and Uninstall Procedures

As part of the installation process of the App, you may be changing your mobile device settings. By installing the App, you agree you have approved such changes. Such changes may include, without limitation, the following:

  1. Allowing software updates of the App once a new version is released and show notifications from the App.
  2. Allowing Twirll access to location-based information.
  3. To uninstall the App, you may use the standard uninstall procedures offered by your device's operating system.

USE RESTRICTIONS

You may not use the App in any manner that could:
  1. damage, disable, overburden, or impair the App (or any server or networks connected to the App), or
  2. interfere with any third party"s use and/or enjoyment of the App (or any server or networks connected to the App).
Except as expressly specified in this EULA, you may not:
  1. copy or modify the App;
  2. transfer, sublicense, lease, lend, rent or otherwise distribute the App to any third party; or
  3. use the App in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this EULA. You acknowledge and agree that portions of the App, including, without limitation, the source code and the specific design and structure of individual modules or programs, constitute or contain trade secrets of Twirll and its licensors. Accordingly, you agree not to disassemble, decompile or otherwise reverse engineer any components of the App provided in object code or any other Twirll products or services, in whole or in part, or permit or authorize a third party to do so, except to the extent such activities are expressly permitted by law notwithstanding this prohibition.

OPEN SOURCE

Any Open Source Software that may be accompanying the App is provided to you under the terms of the open source license agreement or copyright notice accompanying such " Open Source Software " or in the open source licenses file accompanying the Software. As used herein Open Source Software” mean open source software components provided with the App that are licensed to you under the terms of the applicable license agreements included with such open source software components or other materials for the App. This EULA does not apply to any Open Source Software accompanying the App and Twirll hereby disclaims any and all liability to you or any third party related thereto

RESERVATION OF RIGHTS

The software, content, visual interfaces, interactive features, information, graphics, design, compilation, computer code and all other elements of the App (the "Twirll Materials"), are protected by copyright, trade dress, patent, and trademark laws of the United States and other jurisdictions, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. All Twirll Materials, including intellectual property rights therein and thereto, are the property of Twirll or its subsidiaries or affiliated companies and/or third-party licensors. Twirll reserves all rights not expressly granted in this EULA. You shall not acquire any right, title or interest to the Twirll Materials, whether by implication, estoppel, or otherwise, except for the limited rights set forth in this EULA.

TERM AND TERMINATION

This EULA will remain in effect until terminated. The EULA, and your rights and licenses hereunder, will terminate immediately upon your breach of the EULA. You may terminate the EULA by uninstalling and discontinuing your use of the App. Twirll may terminate support of the App and/or this EULA, or limit or terminate your access to the App at any time for any reason. Sections entitled Reservation of Rights, Term and Termination, Warranty Disclaimer and Limitation of Liability, Indemnification, and Miscellaneous shall survive any termination of this EULA.

WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY

THE APP IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TWIRLL DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, QUALITY, AND NONINFRINGEMENT. TWIRLL EXPRESSLY DISCLAIMS ANY WARRANTIES OF ANY KIND WITH RESPECT TO THE ACCURACY, VALIDITY, OR COMPLETENESS OF ANY INFORMATION OR FEATURES AVAILABLE THROUGH THE SERVICE, OR THE QUALITY OR CONSISTENCY OF THE SERVICE.

LIABILITY WAIVER

UNDER NO CIRCUMSTANCES WILL TWIRLL, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS OR USE OF, OR INABILITY TO ACCESS OR USE THE SERVICE AND ANY INFORMATION AVAILABLE THEREON, EVEN IF TWIRLL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. IN NO EVENT WILL TWIRLL’S TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO YOUR USE OF THE SERVICE, WHETHER IN CONTRACT OR TORT, EXCEED FIVE DOLLARS ($5). Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

INDEMNIFICATION

To the maximum extent permitted by law, you agree to defend, indemnify and hold Twirll and its affiliates, officers, directors, employees, agents, and licensors harmless from any and all claims, suits, losses, liability, costs or expenses (including, but not limited to reasonable attorneys fees) arising from or incurred as a result of your use of the App or any breach by you of this EULA.

MISCELLANEOUS

  1. This EULA and all the policies referenced herein constitute the entire agreement between Twirll and you concerning the subject matter hereof, and it may only be modified by a written amendment signed by an authorized executive of Twirll.
  2. The section titles in this EULA are provided solely for convenience and have no legal or contractual significance.
  3. This EULA shall be governed by and interpreted under the laws of the State of California regardless of your country of origin or where you access the Services, and without regard to its conflicts of laws provisions or the United Nations Convention for the International Sale of Goods. All actions relating to this EULA and the App shall be brought in a state or federal court located in Singapore, Australia and India.
  4. The failure of either party to enforce any rights granted hereunder or to take action against the other party in the event of any breach hereunder shall not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent actions in the event of future breaches.
  5. If for any reason a court of competent jurisdiction finds any provision of his EULA or portion thereof, to be unlawful, void or unenforceable, that provision of this EULA shall be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of this EULA shall continue in full force and effect. (f) You may not assign your rights under this EULA to any party without Twirll’s consent.

NOTICE REGARDING APPLE

You acknowledge that this EULA is between you and Twirll, Inc. only, not with Apple, and Apple is not responsible for the App and the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, then you may notify Apple and Apple will refund the purchase price for the relevant App to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the App. Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including, but not limited to:

  1. product liability claims;
  2. any claim that the App fails to conform to any applicable legal or regulatory requirement; and
  3. claims arising under consumer protection or similar legislation.

Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that your possession and use of the App infringes that third party’s intellectual property rights. You agree to comply with any applicable third party terms, when using the App. Apple, and Apple’s subsidiaries, are third party beneficiaries of this EULA, and upon your acceptance of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third party beneficiary of this EULA.

You hereby represent and warrant that
  1. you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and
  2. ou are not listed on any U.S. Government list of prohibited or restricted parties. If Twirll provides a translation of the English language version of this EULA is provided, the translation is provided solely for convenience, and the English version shall prevail.
These terms and conditions govern your use of this application; by using this application, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this application.
  1. You must be at least [18] years of age to use this application. By using this application [and by agreeing to these terms and conditions you warrant and represent that you are at least [18] years of age.
  2. This application uses cookies. By using this application and agreeing to these terms and conditions, you consent to our Embedded Business Solution (EBS) Pty. Ltd. (registered in India, Australia and Singapore) use of cookies in accordance with the terms of EBS [privacy policy / cookies policy

License to use application

Unless otherwise stated, EBS and/or its licensors own the intellectual property rights in the application and material on the application. Subject to the license below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages [or [OTHER CONTENT]] from the application for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

You must not: Where content is specifically made available for redistribution, it may only be redistributed within your organisation

Acceptable use

Restricted access

[Access to certain areas of this application is restricted.] EBS reserves the right to restrict access to [other] areas of this application, or indeed this entire application, at EBS discretion.

If Twirll ( EBS) provides you with a user ID and password to enable you to access restricted areas of this application or other content or services, you must ensure that the user ID and password are kept confidential.

EBS may disable your user ID and password in Twirll sole discretion without notice or explanation.

Sharing Your Content and Information

You own all of the content and information you post on Twirll, and you can control how it is shared through your privacy and application settings. In addition:

Sharing Your Content and Information

You own all of the content and information you post on Twirll, and you can control how it is shared through your privacy and application settings. In addition:

Data Use Policy

Your information

Your information is the information that's required when you sign up for the site, as well as the information you choose to share.

Registration information:

When you sign up for Twirll, you are required to provide information such as your name, email address, birthday, and gender. In some cases, you may be able to register using other information, like your telephone number.

Information you choose to share:

Mobile and Other Devices

Fees and Services

Using Twirll is generally free personal account, but we sometimes charge a fee for certain services. If the service you use incurs a fee, you'll be able to review and accept terms that will be clearly disclosed at the time you post your ad. Our fees are quoted in dollar, and we may change them from time to time. We'll notify you of changes to our fee policy by posting such changes on the Twirll website. We may choose to temporarily change our fees for promotional events or new services; these changes are effective when we announce the promotional event or new service.

You are responsible for paying the Twirll fees when they're due. If you don't, without prejudice to any other right or remedy we may be entitled to under these Terms of Use or by law, we may limit your ability to use the services. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms.

You acknowledge that your ads may be deleted from the Twirll sites, services, applications or tools in case we believe these Terms of Use, including our Posting Rules, are breached, either directly or indirectly. In case you would have paid a fee for the display of such ad, you may be entitled to a refund of such fee. However, we reserve the right not to refund the Twirll users for any fees paid through use of our sites, services, applications and tools in the following cases:

Please note that the above list is not exhaustive. query EBS Refunds policies for more details on the cases in which you may, or may not, be entitled to a refund of such fees.

No warranties

This application is provided “as is” without any representations or warranties, express or implied. EBS makes no representations or warranties in relation to this application or the information and materials provided on this application.

Without prejudice to the generality of the foregoing paragraph, EBS does not warrant that:

Nothing on this application constitutes, or is meant to constitute, advice of any kind. [If you require advice in relation to any [legal, financial or medical] matter you should consult an appropriate professional.]

Limitations of liability

EBS will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this application: These limitations of liability apply even if EBS has been expressly advised of the potential loss.

Exceptions

Nothing in this application disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this application disclaimer will exclude or limit EBS liability in respect of any:

Reasonableness

By using this application, you agree that the exclusions and limitations of liability set out in this application disclaimer are reasonable.

If you do not think they are reasonable, you must not use this application.

Other parties

[You accept that, as a limited liability entity, EBS has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against EBS officers or employees in respect of any losses you suffer in connection with the application.]

[Without prejudice to the foregoing paragraph,] you agree that the limitations of warranties and liability set out in this application disclaimer will protect EBS officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as EBS.

Unenforceable provisions

If any provision of this application disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this application disclaimer.

Indemnity

You hereby indemnify EBS and undertake to keep EBS indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by EBS to a third party in settlement of a claim or dispute on the advice of EBS legal advisers) incurred or suffered by EBS arising out of any breach by you of any provision of these terms and conditions[, or arising out of any claim that you have breached any provision of these terms and conditions].

Breaches of these terms and conditions

Without prejudice to EBS other rights under these terms and conditions, if you breach these terms and conditions in any way, EBS may take such action as EBS deems appropriate to deal with the breach, including suspending your access to the application, prohibiting you from accessing the application, blocking computers using your IP address from accessing the application, contacting your internet service provider to request that they block your access to the application and/or bringing court proceedings against you.

Variation

EBS may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this application from the date of the publication of the revised terms and conditions on this application. Please check this page regularly to ensure you are familiar with the current version.

Assignment

EBS may transfer, sub-contract or otherwise deal with EBS rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Liability

Entire agreement

These terms and conditions [, together with [DOCUMENTS],] constitute the entire agreement between you and EBS in relation to your use of this application, and supersede all previous agreements in respect of your use of this application.

Law and jurisdiction

These terms and conditions will be governed by and construed in accordance with [GOVERNING LAW], and any disputes relating to these terms and conditions will be subject to the [non-]exclusive jurisdiction of the courts of [JURISDICTION].

Registrations and authorisations

EBS is has registered offices in India, Australia and Singapore.
EBS is subject to [AUTHORISATION SCHEME], which is supervised by [SUPERVISORY AUTHORITY].

EBS details

The Enterprise Business Solution Pty. Ltd. is FULL NAME and EBS is the acronym.
EBS is registered in Australia (Point Cook, VIC) as Embeded business Solution Pty. Ltd.
EBS is registered in India (New Delhi) as Embedded business solution Pvt. Ltd.
EBS is registered in Singapore under registration number [201200319E, and address is [60 BAYSHORE ROAD #14-08 BAYSHORE PARK SINGAPORE (469982) ].
You can contact EBS by emailing to twirll.support@ebsconsulting.biz