Welcome to Tiwiw!
PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES (DEFINED
BELOW) ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE
TO ANY/ ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE
SERVICES IN ANY MANNER. WHEN YOU CREATE AN Tiwiw ACCOUNT OR USE
Tiwiw, YOU AGREE TO THESE TERMS.
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The Tiwiw Service
We agree to provide you with the
Tiwiw Service. The Service constitutes a technology-based
platform that enables customers of Tiwiw’s mobile-based
applications (the Service) to:
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Offering personalized opportunities to create, connect,
discover, and share:
People change over a time period and so do their
likes and dislikes. Tiwiw provides you the platform where
you can express your wishes and fulfill others too at the
same time. Tiwiw has built a platform that enables you to
understand what you and who you want to share it with and
use that information provide by you and about you to help
you find the products, experiences of your interests.
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Fostering a positive, inclusive, and safe
environment:
Tiwiw uses all the information it has - including
your information-to try to keep our platform secure. Tiwiw
may share information to prevent misuse or harmful content
with our affiliates, partners or law enforcement. For more
information about how Tiwiw collects, uses, shares or
otherwise processes information about you please see our
Privacy Policy.
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Developing and using technologies that help us
consistently serve our growing community:
Organizing and analyzing information for our
community is central to our Service. A big part of our
Service is using cutting-edge technologies that help us
personalize, protect, and improve our Service on an
incredibly large scale for a broad global community.
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Connecting you with brands, products, and service
providers:
We may use data from Tiwiw to show you ads, offers,
and other sponsored content that we believe will be
meaningful to you. And we try to make that content as
relevant as all your other experiences on Tiwiw.
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Research and innovation:
We use the
information we have to study our Service and collaborate
with other partners to make our Service better and
contribute to the shared value across the Tiwiw ecosystem.
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Conditions Relating to Your Use of Tiwiw
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Your Account
If you use the service, you are
responsible for maintaining the confidentiality of your
account and password and for restricting access to your
mobile to prevent unauthorized access to your account. You
agree to accept responsibility for all activities that
occur under your account or password. You should take all
necessary steps to ensure that the password is kept
confidential and secure and should inform us immediately
if you have any reason to believe that your password has
become known to anyone else, or if the password is being,
or is likely to be, used in an unauthorized manner. Please
ensure that the details you provide us with are correct
and complete and inform us immediately of any changes to
the information that you provided when registering. You
agree and acknowledge that you will use your account to
share and purchase products only for your personal use and
charitable causes and not for business purposes. You are
responsible for all activity that occurs via your account.
Please notify Customer Support immediately if you become
aware of any unauthorised use of your account. You may not
(a) Share your account information (except with an
authorised account administrator); or (b) use another
person’s account. We reserve the right to monitor and
enforce subscription plan limits and restrictions,
including, but not limited to, the right to charge for
overages.
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E-Platform for purchase
You agree, understand
and acknowledge that the services provided is an mobile
application (“App”) platform that enables you to share and
purchase products listed on the App at the price indicated
therein at the relevant time from any location. You
further agree and acknowledge that Tiwiw is only a
facilitator and is not and cannot be a party to or control
in any manner any transactions done through the App.
Accordingly, the contract of sale of products/ services on
the App shall be a strictly bipartite contract between you
and the sellers/ service provider on respective
marketplaces or vendor E-platforms.
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Access to App
Tiwiw ensures that it makes the
best possible efforts to ensure that the availability of
the App is uninterrupted and that transmissions will be
error-free. However, the access to internet depends on
your local service provider, this cannot be guaranteed and
Tiwiw takes no responsibility for the same. Also, your
access to the app may also be occasionally suspended or
restricted to allow for repairs, maintenance, or the
introduction of new facilities or services at any time
without prior notice. We will attempt to limit the
frequency and duration of any such suspension or
restriction.
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Your Conduct
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Responsible Use
Tiwiw communities often
consist of users who expect a certain degree of
courtesy and professionalism. You must use the
Services on the APP responsibly.
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Misuse
b. You must not use the app in any
way that causes, or is likely to cause, the App or
access to it to be interrupted, damaged or impaired in
any way You understand that you, and not Tiwiw, are
responsible for all electronic communications and
content sent from your mobile phone to us and you must
use the app for lawful purposes only. You must not
misuse the Services/ App. For example, you must
not:
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copy, modify, host, stream, sublicence or resell
the Services;
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enable or allow others to use the Services using
your account information;
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use the Software to construct any kind of
database;
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access or attempt to access the Services by any
means other than the interface we provide or
authorise;
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circumvent any access or use restrictions put into
place to prevent certain uses of the Services;
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share Content or engage in behaviour that violates
anyone’s intellectual property rights
(“Intellectual Property Rights” means copyright,
moral rights, trademark, trade dress, patent,
trade secret, unfair competition, right of
privacy, right of publicity and any other
proprietary rights);
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upload or share any Content that is unlawful,
harmful, threatening, abusive, tortious,
defamatory, libelous, vulgar (including
pornographic), lewd, profane, invasive of
another’s privacy or hateful;
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impersonate any person or entity or falsely state
or otherwise misrepresent your affiliation with a
person or entity;
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attempt to disable, impair or destroy the
Services;
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upload, transmit, store or make available any
Content or code that contains any viruses,
malicious code, malware or any components designed
to harm or limit the functionality of the
Services/ App;
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disrupt, interfere with or inhibit any other user
from using the Services (such as stalking,
intimidating or harassing others, inciting others
to commit violence or harming minors in any way);
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engage in chain letters, junk mails, pyramid
schemes, phishing, spamming or other unsolicited
messages;
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xiii. place an advertisement of any products or
services in the Services except with our prior
written approval;
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use any data mining or similar data gathering and
extraction methods in connection with the
Services; or
- Violate applicable law.
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Content and Sharing
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Users of this App may post and share content, as long
as the content is not illegal, obscene, abusive,
threatening, defamatory, invasive of privacy,
infringing of intellectual property rights, or
otherwise injurious to third parties, or objectionable
and does not consist of or contain software viruses,
political campaigning, commercial solicitation, chain
letters, mass mailings, or any form of "spam." In the
event a user uses a false e-mail address, impersonates
any person or entity, or otherwise misleads as to the
origin of any content. Tiwiw reserves the right (but
not the obligation) to remove, refuse, delete or edit
any content that in the sole judgement of Tiwiw
violates these Conditions of use and, or terminate
your permission to access or use this App.
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You retain all rights and ownership of your Content.
We do not claim any ownership rights to your Content.
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We require certain licences from you to your Content
in order to operate and enable the Services and
Software. When you upload Content to the Services, you
grant us a nonexclusive, worldwide, royalty-free,
sublicensable and transferable licence to use,
reproduce, publicly display, distribute, modify (so as
to better showcase your Content, for example),
publicly perform and translate the Content as needed
in response to user driven actions (such as when you
choose to privately store or share your Content with
others). This licence is only for the purpose of
operating or improving the Services.
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If you do post content or submit material, and unless
we indicate otherwise, you:-
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grant Tiwiw and its affiliates a non-exclusive,
royalty-free, irrevocable, perpetual and fully
sublicensable rights to use, reproduce, modify,
adapt, publish, translate, create derivative works
from, distribute, and display such content
throughout the world in any media; and
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Tiwiw and its affiliates and sub-licensees the
right to use the name that you submit in
connection with such content, if they choose.
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You agree that the rights you grant above are
irrevocable during the entire period of protection of
your intellectual property rights associated with such
content and material. You agree to waive your right to
be identified as the author of such content and your
right to object to derogatory treatment of such
content. You agree to perform all further acts
necessary to perfect any of the above rights granted
by you to Tiwiw, including the execution of deeds and
documents, at its request.
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You represent and warrant that you own or otherwise
control all of the rights to the content that you post
or that you otherwise provide on or through the
website; that, as at the date that the content or
material is submitted to Tiwiw: (i) the content and
material is accurate; (ii) use of the content and
material you supply does not breach any applicable
Tiwiw policies or guidelines and will not cause injury
to any person or entity (including that the content or
material is not defamatory); (iii) the content is
lawful. You agree to indemnify Tiwiw LLP and its
affiliates for all claims brought by a third party
against it or its affiliates arising out of or in
connection with a breach of any of these warranties.
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Sharing Your Content:
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Sharing
Some Services and Software may
provide features that allow you to Share your
Content with other users or to make it
public. “Share” means to email, post, transmit,
upload or otherwise make available (whether to us
or other users) through your use of the Services
and Software. Other users may use, copy, modify or
re-share your Content in many ways. Please
carefully consider what you choose to Share or
make public as you are responsible for the Content
that you Share.
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Level of Access
We do not monitor or
control what others do with your Content. You are
responsible for determining the limitations that
are placed on your Content and for applying the
appropriate level of access to your Content. If
you do not choose the access level to apply to
your Content, the system may default to its most
permissive setting. It is your responsibility to
let other users know how your Content may be
shared and to adjust the setting related to
accessing or sharing your Content.
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Comments
The Services and Software may
allow you to comment on Content. Comments are not
anonymous and may be viewed by other users. Your
comments may be deleted by you, other users or us.
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Claims against Objectionable Content
Because
Tiwiw may list millions of posted by community and hosts
many thousands of products, it is not possible for us to
be aware of the contents of each product listed for sales
promotion, or each post that is displayed. Accordingly,
Tiwiw operates on a "notice and takedown" basis. If you
believe that any content on the App is illegal, offensive
(including but not limited to material that is sexually
explicit content or which promotes racism, bigotry, hatred
or physical harm), deceptive, misleading, abusive,
indecent, harassing, blasphemous, defamatory, libelous,
obscene, pornographic, pedophilic or menacing; ethnically
objectionable, disparaging; or is otherwise injurious to
third parties; or relates to or promotes money laundering
or gambling; or is harmful to minors in any way; or
impersonates another person; or threatens the unity,
integrity, security or sovereignty of India or friendly
relations with foreign States; or objectionable or
otherwise unlawful in any manner whatsoever; or which
consists of or contains software viruses, (" Objectionable
Content "), please notify us immediately. Once this has
been validated, Tiwiw will make all reasonable endeavors
to remove such Objectionable Content complained about
within a reasonable time.
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Copyright, authors' rights and database rights
All content included on the website and
the app
text, graphics, logos, button icons, images, audio clips,
digital downloads, data compilations, and software, is the
property of Tiwiw, its affiliates or its content suppliers
and is protected by India and international copyright,
authors' rights and database right laws. The compilation
of all-content on this app is the exclusive property of
### and its affiliates and is protected by laws of India
and international copyright and database right laws. All
software used on this app is the property of Tiwiw, its
affiliates or its software suppliers and is protected by
India and international copyright and author' rights laws.
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Disclaimer
You acknowledge and undertake that
you are accessing the services on the app and transacting
at your own risk and are using your best and prudent
judgment before entering into any transactions through the
app. You further acknowledge and undertake that you will
use the website to order products only for your personal
use and not for business purposes. We shall neither be
liable nor responsible for any actions or inactions of
partner sellers nor any breach of conditions,
representations or warranties by the sellers or
manufacturers of the products and hereby expressly
disclaim and any all responsibility and liability in that
regard. We shall not mediate or resolve any dispute or
disagreement between you and the sellers or manufacturers
of the products.
We further expressly disclaim any
warranties or representations (express or implied) in
respect of quality, suitability, accuracy, reliability,
completeness, timeliness, performance, safety,
merchantability, fitness for a particular purpose, or
legality of the products listed or displayed or transacted
or the content (including product or pricing information
and/or specifications) on the app. We do not implicitly or
explicitly support or endorse the sale or purchase of any
products on the app. At no time shall any right, title or
interest in the products sold through or displayed on the
apt with Tiwiw nor shall Tiwiw have any obligations or
liabilities in respect of any transactions through the
app.
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Indemnity and Release
You shall indemnify and
hold harmless Tiwiw, its subsidiaries, affiliates and
their respective officers, directors, agents and
employees, from any claim or demand, or actions including
reasonable attorney's fees, made by any third party or
penalty imposed due to or arising out of your breach of
these Conditions of Use or any document incorporated by
reference, or your violation of any law, rules,
regulations or the rights of a third party.
You
hereby expressly release Tiwiw and/or its affiliates
and/or any of its officers and representatives from any
cost, damage, liability or other consequence of any of the
actions/inactions of the vendors and specifically waiver
any claims or demands that you may have in this behalf
under any statute, contract or otherwise.
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Limitation of Liability.
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Unless stated in the Additional Terms, we are not
liable to you or anyone else for any loss of use,
data, goodwill or profits, whatsoever and any special,
incidental, indirect, consequential or punitive
damages whatsoever, regardless of cause (even if we
have been advised of the possibility of the loss or
damages), including losses and damages (a) resulting
from loss of use, data or profits, whether or not
foreseeable; (b) based on any theory of liability,
including breach of contract or warranty, negligence
or other tortious action; or (c) arising from any
other claim arising out of or in connection with your
use of or access to the Services. Nothing in the Terms
limits or excludes our liability for gross negligence,
for our or our employees’, intentional misconduct or
for death or personal injury.
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Our total liability in any matter arising out of or
related to the Terms is limited to the aggregate
amount that you paid for access to the Service during
the three-month period preceding the event giving rise
to the liability. This limitation will apply
regardless of the form or source of claim or loss,
whether the claim or loss was foreseeable and whether
a party has been advised of the possibility of the
claim or loss.
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The limitations and exclusions in this section apply
to the maximum extent permitted by law.
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Trade Control Laws.
The Services and your use
of the said Services, are subject to Indian and
international laws, restrictions and regulations that may
govern the import, export and use of the Services. You
agree to comply with all the laws, restrictions and
regulations.
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Children
Use of Tiwiw is available only to
persons who is of 13 years of age and above. If you are
under the age of 13 years, you may use Tiwiw only with the
involvement of a parent or guardian.
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Communications
When you use Tiwiw App, you are
communicating with us electronically. You will be required
to provide a valid phone number and Email address. We may
communicate with you by e-mail, SMS, phone call or by
posting notices on the website or by any other mode of
communication. For contractual purposes, you consent to
receive communications (including transactional,
promotional and/or commercial messages), from us with
respect to your use of the app and/or your order placed
through us.
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Alteration of Service or Amendments to the
Conditions
We reserve the right to make changes to our app,
policies, and these Conditions of Use at any time. You
will be subject to the policies and Conditions of Use in
force at the time that you use the app or that you order
goods through us, unless any change to those policies or
these conditions is required to be made by law or
government authority (in which case it will apply to
orders previously placed by you). If any of these
conditions is deemed invalid, void, or for any reason
unenforceable, that condition will be deemed severable and
will not affect the validity and enforceability of any
remaining condition.
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Termination
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Termination by You:You may stop using the
Services at any time. Termination of your account does
not relieve you of any obligation to pay any
outstanding fees.
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Termination by Us:
If we terminate the Terms or your use of the
Service(s) for reasons other than for cause, we will
make reasonable efforts to notify you at least 30 days
prior to termination via the email address you provide
to us with instructions on how to retrieve your
Content. Unless stated in any Additional Terms, we
may, at any time, terminate your right to use and
access the Services if:
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you breach any provision of the Terms (or act in a
manner that clearly shows you do not intend to or
are unable to, comply with the Terms);
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you fail to make the timely payment of fees for
the Services, if any
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you materially breach any provision of the Terms
and (i) the breach cannot be corrected; or (ii) we
notify you of the breach and you fail to correct
it within 14 days of the notice;
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you physically, verbally or through other means
abuse, threaten, bully or harass us or our
personnel (in such circumstances, we may
alternatively suspend or restrict your access to
the Services);
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you have repeatedly made complaints in bad faith
or without a reasonable basis and continue to do
so after we have asked you to stop (in such
circumstances, we may alternatively suspend or
restrict your access to the Services);
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we are required to do so by law (for example,
where the provision of the Services or Software to
you is or becomes, unlawful);
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we elect to discontinue the Services, in whole or
in part (such as if it becomes impractical for us
to continue offering Services in your region due
to change of law); or
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there has been an extended period of inactivity in
your free account.
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Events beyond our reasonable control
We will
not be held responsible for any delay or failure to comply
with our obligations under these conditions if the delay
or failure arises from any cause which is beyond our
reasonable control. This condition does not affect your
statutory rights.
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Waiver
If you breach these conditions and we
take no action, we will still be entitled to use our
rights and remedies in any other situation where you
breach these conditions.
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Governing law and Jurisdiction
Irrespective of
the place, these conditions will be governed by and
construed in accordance with the laws of India. You agree,
as we do, to submit to the exclusive jurisdiction of the
courts at Mumbai.
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Our Details
This App is operated by Tiwiw
LLP.
You could contact us by visiting: www.Tiwiw.com/contactus
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Tiwiw APP/ Service Terms:
In addition to these
Conditions of Use, the terms found here apply to any App/
Service (including any updates or upgrades to the
APP/service and any related documentation) that we make
available to you from time to time for your use.
In
order to keep the Tiwiw App up-to-date, we may offer
automatic or manual updates at any time and without notice
to you.
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