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.
- 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:
- 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.
- Fostering a positive, inclusive, and safe environment:
- 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.
- 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.
- 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.
- Conditions Relating to Your Use of Tiwiw
- 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.
- 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.
- 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.
- Your Conduct
- 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.
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:
- copy, modify, host, stream, sublicence or resell the Services;
- enable or allow others to use the Services using your account information;
- use the Software to construct any kind of database;
- access or attempt to access the Services by any means other than the interface we provide or authorise;
- circumvent any access or use restrictions put into place to prevent certain uses of the Services;
- 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);
- 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;
- impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
- attempt to disable, impair or destroy the Services;
- 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;
- 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);
- engage in chain letters, junk mails, pyramid schemes, phishing, spamming or other unsolicited messages;
- xiii. place an advertisement of any products or services in the Services except with our prior written approval;
- use any data mining or similar data gathering and extraction methods in connection with the Services; or
- Violate applicable law.
- Content and Sharing
- 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.
- You retain all rights and ownership of your Content. We do not claim any ownership rights to your Content.
- 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.
- If you do post content or submit material, and unless we indicate otherwise, you:-
- 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
- Tiwiw and its affiliates and sub-licensees the right to use the name that you submit in connection with such content, if they choose.
- 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.
- 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.
- Sharing Your Content:
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.
- 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.
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.
- 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.
- 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.
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.
- 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.
- Limitation of Liability.
- 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.
- 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.
- The limitations and exclusions in this section apply to the maximum extent permitted by law.
- 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.
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.
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.
- 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.
- 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.
- 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:
- 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);
- you fail to make the timely payment of fees for the Services, if any
- 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;
- 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);
- 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);
- we are required to do so by law (for example, where the provision of the Services or Software to you is or becomes, unlawful);
- 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
- there has been an extended period of inactivity in your free account.
- 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.
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.
- 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.
- Our Details
This App is operated by Tiwiw LLP.
You could contact us by visiting: www.Tiwiw.com/contactus
- 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.