The following Terms and Conditions govern our relationship with our clients
These Terms and Conditions Are Legally Binding
Embedded Business Solution Pte Ltd (ABN: 60 608 797 379 ) is the owner and operator of the Twirll Platform service ("The Service"). Your use of the service is expressly conditioned on your acceptance of these Twirll Platform Terms and Conditions ("Terms and Conditions"). By using the Service, you signify that you unconditionally agree and accept to be legally bound by these Terms and Conditions. No other terms or conditions of any sort in any document, writing or other communication whatsoever made by you to Twirll Platform or its employees, representatives or agents in relation to the Service shall be applicable to or binding on Twirll Platform.
In order to use the Service, you must:
By using the Service, you represent and warrant that you meet all the requirements listed above, and that you won't use the Service in a way that violates any laws or regulations. Note that by representing and warranting, you are making a legally enforceable promise.
Twirll Platform may refuse service, close accounts of any users, and change eligibility requirements at any time.
Twirll Platform hereby grants to you a limited, non-exclusive, non-transferable right to use the Service provided that you agree to the following: -
Twirll Platform may, at its sole and absolute discretion, without prior notice to you and without liability, reject, prevent, discontinue or suspend your account(s) and/or your use of the Service if, at its sole discretion, Twirll Platform is of the opinion that your use does not meet Twirll Platform's specifications or guidelines, or which Twirll Platform may consider to be inappropriate, illegal or harmful to its interests. If Twirll Platform exercises its absolute discretion under this paragraph 3.1(a), it shall have no liability to refund any portion of your pre-paid subscriptions, if applicable. Without limiting or waiving any right against you that Twirll Platform may have under the law or these Terms and Conditions in relation to any inappropriate, illegal or harmful use, Twirll Platform reserves the right to deduct any costs, damages or expenses that it may have incurred in relation to such inappropriate, illegal or harmful use from your unused pre-paid subscriptions, if any, or to claim the same from you by any other means.
You agree to comply with any policies or guidelines that Twirll Platform may introduce or amend from time to time. Twirll Platform's policies or guidelines may relate to technical specifications, privacy, acceptable content, and any other matter, as the same may be amended by Twirll Platform, at its absolute discretion, from time to time.
You agree that you will not provide access to or furnish any part of the Service to any third party; modify, disrupt or interfere with the Service, supporting servers, or networks either manually or through the use of scripts, viruses, or worms; reproduce, duplicate, copy, deconstruct, sell, trade or resell the Service; or excessively overload the systems that Twirll Platform uses to provide the Service.
Twirll Platform may, at its sole and absolute discretion and without prior notice to you, amend, suspend, vary or withdraw the Service, these Terms and Conditions and/or its website at any time and from time to time.
You shall be solely responsible for your use of the Service and shall indemnify Twirll Platform for, and hold Twirll Platform harmless from, all loss, costs, and damages incurred by Twirll Platform in connection with any claims by third parties against Twirll Platform in relation to your use of the Service and in connection with your breach of these Terms and Conditions or any policies or guidelines that Twirll Platform may introduce from time to time.
You hereby represent, warrant and covenant to Twirll Platform that at all times, (a) you have all rights, consents, licences and permits that may be necessary or desirable for you to have in order to use the materials, graphics, logos, videos, data or information you input into the Service (where applicable) (" Your Content") in the manner and the purpose for which you use your content; (b) all of Your Content comply with all applicable laws and regulations and do not violate the rights (including, but not limited to, intellectual property rights) of any third party.
You represent and warrant to Twirll Platform that you have the full corporate rights, power and authority to agree to these Terms and Conditions and perform the obligations agreed by you, and that doing so does not and will not violate any agreement or obligation to which you are bound, or any applicable law, rule or regulation.
You hereby agree that Twirll Platform may, but is not obliged to, use your name and refer to you as a user of the Service in any publicity, press release, advertising or marketing material, throughout the world and using any form of media. If you wish to use or display Twirll Platform's trademarks or mention Twirll Platform in any publication, website, press release or in any other manner, you must obtain the prior written consent of Twirll Platform.
You agree that you are solely responsible to obtain or provide any hardware or software that you may need to gain access to and use the Service, and for any damage or loss that you suffer as a result of the operation of such hardware or software, including incompatibility with any platforms used by Twirll Platform in providing the Service.
You agree that Twirll Platform is the sole owner of and has the right to use any feedback you provide on the Service in any way whatsoever including to improve existing or create new products and services.
Twirll Platform reserves all rights in the Service not granted to you expressly in these Terms and Conditions. You hereby agree to grant Twirll Platform a worldwide, royalty-free, non-exclusive license to publish, alter, adapt, compile, host and use (a) Your Content (including, without limitation, to reproduce in a material form, publish, perform, communicate to the public, and to make an adaptation of Your Content) for the purpose of providing you with the Service, and, (b) if Twirll Platform provides any community forum for users of the Service to exchange user tips and publish their comments and opinions, any comments, opinions and other material you upload or publish on such a forum.
Twirll Platform reserves the right to alter these Terms and Conditions at any time. Such changes will be effective and legally binding on you when posted on our website for the Service or when we use reasonable efforts to notify you by other means. Please review these Terms and Conditions periodically for changes. Your continued use of this Service after amended Terms and Conditions is posted on this website or is otherwise brought to your attention signify that you agree and accept to be legally bound by the changes.
You're responsible for keeping your account name and password confidential. You're also responsible for any account that you have access to and any activity occurring in such account (other than activity that Twirll Platform is directly responsible for that isn't performed in accordance with your instructions), whether or not you authorized that activity. You'll immediately notify us of any unauthorized access or use of your accounts. We're not responsible for any losses due to stolen or hacked passwords that are caused by or result from your negligence. We don't have access to your current password or of your business customers, and for security reasons, we may only provide you with instructions on how to reset your password & business customers. We have the right to update any of your contact information in your account for billing purposes. In addition, you represent and warrant that all information you provide to us when you establish an account, and when you access and use the Service, is and will remain complete and accurate.
You agree that you are solely responsible for the actions and omissions of the person(s) you nominate as user(s) or administrator(s) of your account(s) for the Service. You also agree that Twirll Platform may accept instructions and requests from and communicate with such person(s) until and unless Twirll Platform receives notification that such person(s) are no longer your user(s) or administrator(s), and such instructions, requests and communications are valid and legally binding on you. In addition, you are responsible for any and all use of your account(s) by any persons who are in possession of your user ID(s) or password(s).
We don't know the inner workings of your organization or the nature of your personal relationships. You won't request access to or information about an account that's not yours, and you'll resolve any account-related disputes directly with the other party. We decide who owns an account based on the content in that account, and if multiple people or entities are identified in the content, then we'll rely on the contact and profile information listed for that account. In cases where differing contact and profile information is present, we'll require you to resolve the matter through proper channels outside of Twirll Platform.
When a dispute is identified, we may suspend any account associated with the dispute, including disabling login and sending capabilities, to protect the security and privacy of the data held within the account.
By creating an account and subscribing for the Service or renewing your subscription for the Service, you indicate you agree to the charges imposed by: -
Twirll Platform for the particular services or products you have requested. You agree to comply with any payment terms that Twirll Platform may impose from time to time. You may be required to pay Twirll Platform in advance and/or an annual, half yearly, quarterly or monthly basis to use the Service. Your subscription may be renewed automatically on or close to its expiry at the subscription rates applicable at the time of renewal. However, even if a facility to renew your subscription automatically exists, it is solely your responsibility, and not that of Twirll Platform, to ensure that your subscription is renewed prior to its expiry, failing which your ability to use the Service shall expire automatically. Twirll Platform may not give you prior notice of an automatic renewal. If Twirll Platform is unable to effect this automatic renewal for any reason whatsoever, your subscription will expire automatically. For subscribers choosing to pay by credit card, subscription fees for renewal may be charged to the credit card on record unless Twirll Platform is notified of a change or cancellation in writing using the tools or means made available by Twirll Platform.
All sums payable by you to Twirll Platform may be quoted exclusive of any goods and services tax, or any other taxes that may be levied on the subscription, hardware & services or charges levied by Twirll Platform. As such, you agree that Twirll Platform may charge you and/or the credit card on record for any taxes or charges that Twirll Platform is required by any applicable law or regulation to levy on the subscription or charges.
Twirll Platform shall have the right to terminate its relationship with you, without prior notice, if you breach or fail to comply with any provision of these Terms and Conditions. This Agreement and your ability to use the Service shall also automatically terminate upon the expiry of your subscription.
After termination, Twirll Platform may, at its sole discretion, maintain any data you have uploaded into its systems. However, you agree that other than any obligations expressly stated in these terms and Conditions, Twirll Platform has no responsibility to you to maintain your user account or any of your data after termination and you shall hold Twirll Platform harmless and free from any fees, damages, or claims you may suffer in relation to the same or any claims or actions you may have or face in relation to the same.
If termination is due to your failure to renew your subscription on a timely basis, you may reactive your account and access your data if renewal under such circumstances are enabled by Twirll Platform. To do so you may have to pay any subscription fees or charges that may be imposed by Twirll Platform, including reactivation fees (if any), within any period that may be stated by Twirll Platform, failing which Twirll Platform may permanently remove and delete your user account(s) and any data you have uploaded into its systems.
Your Data, Twirll Platform's Data, the Storage and Transmission of Your Data and the Twirll Platform
You or your customers, partners or associates, whichever may be applicable, are the owner of any data you upload into the Service ("Your Data"). You hereby agree that Twirll Platform is the owner of all data other than Your Data, including any system generated data generated by the Service or any data compiled from data inputted into the Service by all users of the Service on an aggregate basis ("Twirll Platform's Data"). Twirll Platform may use all of Twirll Platform's Data in any way it chooses including to improve or adapt its services, or to create or design new products and services.
You acknowledge and agree that the nature of the Internet is international and that Twirll Platform has your express consent to store and provide access to your personal or confidential information, and that of your users(s) and customers, in and from Australia, Singapore ,US and to transmit and deliver such information via the Internet which may involve its transmission across multiple jurisdictions.
If Twirll Platform and/or any of their affiliates (collectively the "Indemnified Parties") take any action to enforce any of the Terms and Conditions, you agree to indemnify and hold harmless the Indemnified, their affiliates, and their respective officers, directors, employees and agents from and against any and all claims, losses, costs, expenses, causes of action or demands, including reasonable legal and accounting fees, arising out of and relating to your use of the Service, and any and all breaches by you of these Terms and Conditions.
The Service Level Agreement attached to these Terms and Conditions is incorporated into and form part of these Terms and Conditions.
Unless expressly provided herein, to the fullest extent permitted by law, Twirll platform makes no warranty or representation of any kind regarding its website, the service, the products or services available on this website and/or any materials provided on this website, all of which are provided on an "as is where is" basis. Twirll platform does not warrant the accuracy, completeness, currency or reliability of any of the content or data found on the service, or this website. Twirll platform expressly disclaims all warranties, and terms and conditions in relation to the service, including all implied warranties as to merchantability, satisfactory quality, fitness for a general or particular purpose and non-infringement of proprietary rights, and those arising by statute or otherwise in law or from a course of dealing or usage of trade to the fullest extent permitted by the laws of Australia.
Twirll platform does not warrant that the service, this website, its servers or any e-mail sent from Twirll platform is free of viruses or other harmful components.
For the avoidance of doubt, Twirll platform does not guarantee the effectiveness of the service.
Twirll platform takes no responsibility for the security, confidentiality or privacy of the communications and/or data transmitted over the internet and does not warrant (and expressly excludes any and all express or implied warranties) that the service will be without failure, delay, interruption, error or loss of content, data or information. In addition, twirll platform shall not be liable for any compatibility issues pertaining to customers' computers, applications or other software on any computers using the service.
To the fullest extent permitted by law in no event shall Twirll platform be liable for any injury, loss, claim, damage, or any special, exemplary, punitive, indirect, incidental or consequential damages of any kind or for any lost profits or lost savings, whether based in contract, tort (including negligence),
Equity, strict liability, statute or otherwise, which arises out of or is in any way conn content found herein, (ii) any failure or delay (including, but not limited to the use of or inability to use any component of the service or this site), or (iii) the performance or non performance by Twirll platform even if the Twirll platform has been advised of the possibility of damages to such parties or any other party.
If, notwithstanding the foregoing, Twirll Platform should be found liable for any loss or damage which arises out of or is in any way connected with any of the above described functions or uses of this site, the Service or its content, to the full extent permitted by law the combined aggregate liability of Twirll Platform shall in no event exceed the value of the monthly subscription for the Service paid by you or A$1000.00, whichever is lower. Further, Twirll Platform's liability to you in contract, tort, negligence, strict liability, under statute or otherwise will be reduced to the extent, if any, to which you contributed to the loss or damage.
Twirll Platform has no responsibility for and is released from all contractual obligations and liability (e.g. for damages) if its performance of these Terms and Conditions is affected by an event of force majeure. For the purpose of this clause, the term "force majeure" means and includes any event which was not under the control of Twirll Platform, or was not reasonably foreseeable, including, but not limited to any natural disaster such as thunderstorm, flood or storm, fire, national emergency, strike or equivalent labour action, or the unavailability of the Internet for reasons beyond the control of Twirll Platform.
These Terms and Conditions are governed by the laws of Australia. The application of the United Nations Convention on Contracts for the International Sale of Goods is hereby expressly excluded. The parties agree to submit to the exclusive jurisdiction of the courts of Australia. You may not assign your rights hereunder to any third party without the prior written consent of Twirll Platform. No joint venture, partnership, employment, or agency relationship exists between you and Twirll Platform. A person who is not a party to this Agreement shall have no rights under the Contracts (Rights of Third Parties) Australia to enforce any term of this Agreement. If any provision of these Terms and Conditions is found invalid or unenforceable by any Australian court, the remaining provisions will remain valid and enforceable, and the unenforceable provisions will be deemed modified to the extent necessary to make them enforceable. These Terms and Conditions constitute the entire understanding and agreement between Twirll Platform and you and supersedes any and all prior understandings and/or agreements between the parties in relation to the Service. No purported waiver by Twirll Platform of any of its rights hereunder or under any applicable law or regulation shall be valid unless made in writing by an authorised representative of Twirll Platform. No change, amendment or modification of any provision of these Terms and Conditions will be valid unless set forth in writing and mutually agreed to by the parties.
Twirll Platform doesn't allow accounts with the primary purpose of promoting or inciting harm toward others or the promotion of discriminatory, hateful, or harassing Content. To this end, we may suspend or terminate your account if you are using platform or otherwise distribute any Content that we determine, in our sole discretion, contains either of the following:
We also may suspend or terminate your account if we determine, in our sole discretion, that you are either:
If you violate any of these rules, then we may suspend or terminate your account.
If you think anyone is violating any of these Terms, please notify us immediately. If you received spam you think came from a Twirll Platform Member, please report it to our abuse team. (Every email Campaign sent through the Service has an embedded campaign tracking ID in the email header, making it easy to report suspected spam.) If you think anyone has posted material that violates any protected marks or copyrights, then you can notify us at the address provided in our Copyright Policy.
You may only use our bandwidth for your business on Twirll Platform. We provide image and data hosting only for your business tools provided on Twirll Platform, so you may not host images on our servers for anything else (like a third party website). We may throttle your sending or connection through our API at our discretion.
The Service integrates Stripe Connect in order to allow you to manage payments to and from your customers as part of the Service (also known as the "Twirll Platform Payments"). If you use Twirll Platform Payments in any way, in addition to these Terms and Conditions, you will be bound by the Stripe Connected Account Agreement (the "Stripe Agreement") available at https://stripe.com/au/connect-account/legal. Furthermore, from time to time, Twirll Platform may need to take additional steps or obtain additional information to verify a transaction made or received through the Twirll Platform Payment Service (including after disbursement of the applicable funds) or to correct inaccurate or fraudulent transactions. By using the Twirll Platform Payment Service, whether to send or receive payments, you hereby expressly authorize Twirll Platform and its representatives to take the following actions relating to your Account and your Billing Account:
Twirll also integrate with other third party payment services to provide seamless payment solution where Twirll is not responsible for any send or recieve of funds , read & agree to third party terms & condition before using on Twirll Platform
For any other questions and clarification don't hesitate to connect at firstname.lastname@example.org
Thank you for taking the time to understand our Terms & Conditions.