These terms
and conditions of use (“Terms of Use”) of the Website (as defined
below) between Tweejoy Arts Private Limited (hereinafter referred to as
“Tweejoy” or “Company”) and the users/ registrants of the Website
(“You” or “Your” or “Yourself” or
“User”) describe the terms on which Tweejoy offers You access to the
Website and the Services (as defined below) through the Website.
PLEASE READ THE TERMS OF USE CAREFULLY BEFORE USING OR REGISTERING ON THE
WEBSITE OR ACCESSING ANY MATERIAL, INFORMATION OR SERVICES THROUGH THE WEBSITE.
YOUR USE OF THE WEBSITE OR THE SERVICES PROVIDED BY THE WEBSITE SHALL SIGNIFY
YOUR ACCEPTANCE OF THE TERMS OF USE AND YOUR AGREEMENT TO BE LEGALLY BOUND BY
THE SAME.
YOUR USE OF THE WEBSITE IMPLIES THAT YOU AGREE WITH THE TERMS OF USE.
1.
General
1.1 www.tweejoy.com (“Website”)
is an Internet based portal owned and operated by Tweejoy, a company
incorporated under the laws of India, with its registered office at New Delhi
and having CIN. Use of the Website is offered to You conditioned on acceptance
of all the terms, conditions and notices contained in these Terms, along with
any amendments made by Tweejoy at its sole discretion and posted on the
Website, including by way of imposing an additional charge for access to or use
of a Service.
1.2 Tweejoy shall not be required to notify You,
whether as a registered user or not, of any changes made to the Terms of Use.
The revised Terms of Use shall be made available on the Website. Your use of
the Website and the Services is subject to the most current version of the
Terms of Use made available on the Website at the time of such use. You are
requested to regularly visit the home page www.tweejoy.com to
view the most current Terms of Use. You can determine when Tweejoy last
modified the Terms of Use by referring to the “Last Updated” legend
above. It shall be Your responsibility to check these Terms of Use periodically
for changes. Tweejoy may require You to provide Your consent to the updated
Terms of Use in a specified manner before prior to any further use of the
Website and the Services is provided through the Website. If no such separate
consent is sought, Your continued use of the Website, following changes to the
Terms of Use, will constitute Your acceptance of those changes.
1.3 By (i) using this Website or any facility or
Service provided by this Website in any way; or (ii) merely browsing the
Website, You agree that You have read, understood and agreed to be bound by
these Terms of Use and the Website’s Privacy Policy available at the homepage, www.tweejoy.com .
1.4 Tweejoy agrees to deliver the Merchandise
(defined below) ordered by you only at such locations as per the Order
Confirmation Form. Tweejoy shall not be liable to deliver any merchandize or
Services purchased by Users for delivery in locations outside India.
2. Services
2.1 The Website is a platform that facilitates
the online sale and purchase of merchandise manufactured and produced by
Tweejoy (“Merchandise”), including but not restricted to Laptop Bags, Mugs,
iPad Sleeve, T shirts, iPhone Covers, Umbrellas, Coasters, Passport Holders, Wallets,
Wine Bottle Cover, Tissue Box Holder, Cushion Covers, Wall Clocks, Wall Art,
Notebook Cover, Tray, Place Mats (“Services”).
3. Eligibility to
Use
3.1 The Services are not available to minors
under the age of eighteen (18) or to any Users suspended or removed from the
Tweejoy system by Tweejoy for any reason whatsoever. If You do not conform to
the above qualification, You shall not be permitted to avail of the Services or
use the Website. You represent that You are of legal age to form a binding
contract and are not a person barred from receiving services under the laws as
applicable in India. Notwithstanding the foregoing, if You are below the age of
eighteen (18) years, You may avail the Services provided by Tweejoy through
Your legal guardian in accordance with the applicable laws.
3.2 Tweejoy reserves the right to refuse access
to use the Services offered at the Website to new Users or to terminate access
granted to existing Users at any time without according any reasons for doing
so.
3.3 You shall not have more than one active Account on the Website.
Additionally, You are prohibited from selling, trading, or otherwise
transferring Your Account to another party.
4.
User Account, Password, and Security
4.1 Tweejoy makes the Services available to You through the Website only
if You have provided Tweejoy certain required User information and created an
account (“Account”) through Tweejoy ID and password or other log-in
ID and password, which can include a facebook, gmail, yahoo ID or any other
valid email ID(collectively, the “Account Information”). The Services
may also be subject to procedures for use of the Website, Terms of Offer For
Sale, uploaded guidelines, rules, additional terms of service, or other
disclaimer & notices, if any (“Additional Terms”). If there is
any conflict between the Terms of Use and the Additional Terms, the Additional
Terms shall take precedence in relation to that service.
4.2 The Website requires You to register as a User by creating an
Account in order to avail the Services provided by the Website. You will be
responsible for maintaining the confidentiality of the Account Information, and
are fully responsible for all activities that occur under Your Account. You
agree to (a) immediately notify Tweejoy of any unauthorized use of Your Account
Information or any other breach of security, and (b) ensure that You exit from
Your Account at the end of each session. Tweejoy cannot and will not be liable
for any loss or damage arising from Your failure to comply with this Terms and
conditions including Section 4.2 above. You may be held liable for losses
incurred by Tweejoy or any other user of or visitor to the Website due to
authorized or unauthorized use of Your Account as a result of Your failure in
keeping Your Account Information secure and confidential.
4.3 The Website also allows restricted access to the Services for
unregistered Users.
4.4 You shall ensure that the Account Information provided by You
in the Website’s registration form is complete, accurate and up-to-date. Use of
another user’s Account Information for availing the Services is expressly
prohibited.
4.5 If You provide any information that is untrue, inaccurate,
not current or incomplete (or becomes untrue, inaccurate, not current or
incomplete), or Tweejoy has reasonable grounds to suspect that such information
is untrue, inaccurate, not current or incomplete, Tweejoy has the right to
suspend or terminate Your Account and refuse any and all current or future use
of the Website (or any portion thereof).
5. Pricing
Information
5.1 Tweejoy strives to provide You with the best
prices possible on products and services. You buy or avail of from the Website.
The pricing details for purchase of products and services from the Website are
detailed under the Terms of Offer For Sale.
5.2 You agree to provide correct and accurate
credit/ debit card details to the approved payment gateway for availing
Services on the Website. You shall not use the credit/ debit card which is not
lawfully owned by You, i.e., in any transaction, You must use Your own credit/
debit card. The information provided by You will not be utilized or shared with
any third party unless required in relation to fraud verifications or by law,
regulation or court order. You will be solely responsible for the security and
confidentiality of Your credit/ debit card details. Tweejoy expressly disclaims
all liabilities that may arise as a consequence of any unauthorized use of Your
credit/ debit card.
5.3 Tweejoy shall be under no liability
whatsoever in respect of any loss or damage arising directly or indirectly out
of the decline of authorization for any transaction, on account of
you/cardholder having exceeded the preset limit mutually agreed by Tweejoy with
our acquiring bank from time to time.
6.
User Obligations
6.1 Subject to compliance with the Terms of Use,
Tweejoy grants You a non-exclusive, limited privilege to access and use this
Website and the Services provided therein.
6.2 You agree to use the Services, Website and
the materials provided therein only for purposes that are permitted by: (a) the
Terms of Use; and (b) any applicable law, regulation or generally accepted
practices or guidelines in the relevant jurisdictions.
6.3 You agree to adhere to all limitations on
dissemination, use and reproduction of any materials (such as the product
catalogues) that You access on the Website in accordance with Section 6.
6.4 You agree not to access (or attempt to
access) the Website and the materials or Services by any means other than
through the interface that is provided by Tweejoy. You shall not use any
deep-link, robot, spider or other automatic device, program, algorithm or
methodology, or any similar or equivalent manual process, to access, acquire,
copy or monitor any portion of the Website or Content (as defined below), or in
any way reproduce or circumvent the navigational structure or presentation of
the Website, materials or any Content, to obtain or attempt to obtain any
materials, documents or information through any means not specifically made
available through the Website.
6.5 You acknowledge and agree that by accessing
or using the Website or Services, You may be exposed to content from other
users that You may consider offensive, indecent or otherwise objectionable.
Tweejoy disclaims all liabilities arising in relation to such offensive content
on the Website. Further, You may report such offensive content in the manner
prescribed under Section 17 herein.
6.6 If Website allows You to post and upload any
material on the Website, You hereby undertake to ensure that such material is
not offensive and in accordance with applicable laws. Further, You undertake
not to:
Defame,
abuse, harass, threaten or otherwise violate the legal rights of others;
Impersonate any person or entity, or falsely state or otherwise misrepresent
Your affiliation with a person or entity;
Publish,
post, upload, distribute or disseminate any inappropriate, profane, defamatory,
infringing, obscene, indecent or unlawful topic, name, material or information
through any bookmark, tag or keyword;
Upload files that contain software or other material protected by applicable
intellectual property laws unless You own or control the rights thereto or have
received all necessary consents;
Upload or distribute files that contain viruses, corrupted files, or any other
similar software or programs that may damage the operation of the Website or
other’s computer;
Engage in any activity that interferes with or disrupts access to the Website
or the Services (or the servers and networks which are connected to the
Website);
Attempt to gain unauthorized access to any portion or feature of the Website,
any other systems or networks connected to the Website, to any Tweejoy server,
or to any of the Services offered on or through the Website, by hacking,
password mining or any other illegitimate means;
Probe, scan or test the vulnerability of the Website or any network connected
to the Website, nor breach the security or authentication measures on the
Website or any network connected to the Website. You may not reverse look-up,
trace or seek to trace any information on any other user, of or visitor to, the
Website, or any other customer of Tweejoy, including any Tweejoy Account not
owned by You, to its source, or exploit the Website or Service or information
made available or offered by or through the Website, in any way whether or not
the purpose is to reveal any information, including but not limited to personal
identification information, other than Your own information, as provided for by
the Website;
Disrupt or interfere with the security of, or otherwise cause harm to, the
Website, systems resources, accounts, passwords, servers or networks connected
to or accessible through the Websites or any affiliated or linked sites;
Collect or store data about other users in connection with the prohibited
conduct and activities set forth in this Section;
Use any device or software to interfere or attempt to interfere with the proper
working of the Website or any transaction being conducted on the Website, or
with any other person’s use of the Website;
Use the Website or any material or Content for any purpose that is unlawful or
prohibited by these Terms of Use, or to solicit the performance of any illegal
activity or other activity which infringes the rights of Tweejoy or other third
parties;
Conduct or forward surveys, contests, pyramid schemes or chain letters;
Download any file posted by another user of a Service that you know, or
reasonably should know, cannot be legally distributed in such manner;
Falsify or delete any author attributions, legal or other proper notices or
proprietary designations or labels of the origin or source of software or other
material contained in a file that is uploaded;
Violate any code of conduct or other guidelines, which may be applicable for or
to any particular Service;
Violate any applicable laws or regulations for the time being in force within
or outside India;
Violate the Terms of Use including but not limited to any applicable Additional
Terms of the Website contained herein or elsewhere; and Reverse engineer,
modify, copy, distribute, transmit, display, perform, reproduce, publish,
license, create derivative works from, transfer, or sell any information or
software obtained from the Website.
6.7
You agree that You are solely responsible to Tweejoy and to any third party for
any breach of Your obligations under the Terms of Use and for the consequences
(including any loss or damage which Tweejoy or its affiliates may suffer) for
any such breach.
6.8 You agree
that Tweejoy may, at any time, modify or discontinue all or part of the
Website, charge, modify or waive fees required to use the Website, or offer
opportunities to some or all Website Users.
7.
Usage Conduct
7.1
You shall solely be responsible for maintaining the necessary
computer equipments and Internet connections that may be required to access,
use and transact on the Website.
7.2 You are also
under an obligation to use this Website for reasonable and lawful purposes
only, and shall not indulge in any activity that is not envisaged through the
Website.
7.3 You shall use
this Website for personal, non-commercial use only and shall not oermit
unauthorized sales of Merchandize to any other person.
7.4 Tweejoy shall
be under no liability whatsoever in respect of any loss or damage arising
directly or indirectly out of the decline of authorization for any transaction,
on account of you/cardholder having exceeded the preset limit mutually agreed
by Tweejoy with our acquiring bank from time to time.
8.
Intellectual Property Rights
8.1
The Website and the processes, and their selection and arrangement, including
but not limited to all text, graphics, user interfaces, visual interfaces, sounds
and music (if any), artwork and computer code (collectively, the
“Content”) on the Website is owned and controlled by Tweejoy and the
design, structure, selection, coordination, expression, look and feel and
arrangement of such Content is protected by copyright, patent and trademark
laws, and various other intellectual property rights.
8.2 The
trademarks, logos and service marks displayed on the Website
(“Marks”) are the property of Tweejoy or respective third parties.
You are not permitted to use the Marks without the prior consent of Tweejoy or
the third party that may own the Marks.
8.3 Unless
otherwise indicated or anything contained to the contrary or any proprietary
material owned by a third party and so expressly mentioned, Tweejoy owns all
intellectual property rights to and into the trademark “Tweejoy”, and
the Website, including, without limitation, any and all rights, title and
interest in and to copyright, related rights, patents, utility models, designs,
know-how, trade secrets and inventions (patent pending), goodwill, source code,
meta tags, databases, text, content, graphics, icons, and hyperlinks.
8.4 Except as
expressly provided herein, You acknowledge and agree that You shall not copy,
republish, post, display, translate, transmit, reproduce or distribute any
Content through any medium without obtaining the necessary authorization from
Tweejoy or thirty party owner of such Content.
9.
Third Party Content
9.1
The Website makes available general third party
information such as, product catalogues, lists of authorized dealers, reports
on news, entertainment, technology and features, advertisements including
videos, images and photographs of the products and other data from external
sources (“Third Party Content”). Similar Third Party Content would
also be available to You on the email received by You from Tweejoy. The
provision of Third Party Content is for general informational purposes only.
You acknowledge that the Third Party Content provided to You is obtained from
sources believed to be reliable. Tweejoy does not provide any guarantee with
respect to any the Third Party Content and Tweejoy shall not be held liable for
any loss suffered by You based on Your reliance on or use of such data.
10. Disclaimer of
Warranties & Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO
THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
10.1
THE WEBSITE, SERVICES AND OTHER MATERIALS ARE PROVIDED BY
TWEEJOY ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS,
IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF TITLE,
NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT
LIMITING THE FOREGOING, TWEEJOY MAKES NO WARRANTY THAT (I) THE WEBSITE OR THE
SERVICES WILL MEET YOUR REQUIREMENTS OR YOUR USE OF THE WEBSITE OR THE SERVICES
WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (II) THE RESULTS THAT MAY
BE OBTAINED FROM THE USE OF THE WEBSITE, SERVICES OR MATERIALS WILL BE
EFFECTIVE, ACCURATE OR RELIABLE; (III) THE QUALITY OF THE WEBSITE, SERVICES OR
OTHER MATERIALS WILL MEET YOUR EXPECTATIONS; OR THAT (IV) ANY ERRORS OR DEFECTS
IN THE WEBSITE, SERVICES OR OTHER MATERIALS WILL BE CORRECTED. NO ADVICE OR
INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TWEEJOY OR THROUGH
OR FROM USE OF THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN
THE TERMS OF USE.
10.2 TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, TWEEJOY WILL HAVE NO LIABILITY RELATED TO USER
CONTENT ARISING UNDER INTELLECTUAL PROPERTY RIGHTS, LIBEL, PRIVACY, PUBLICITY,
OBSCENITY OR OTHER LAWS. TWEEJOY ALSO DISCLAIMS ALL LIABILITY WITH RESPECT TO
THE MISUSE, LOSS, MODIFICATION OR UNAVAILABILITY OF ANY USER CONTENT.
10.3 TWEEJOY WILL NOT BE
LIABLE FOR ANY LOSS THAT YOU MAY INCUR AS A CONSEQUENCE OF UNAUTHORIZED USE OF
YOUR ACCOUNT OR ACCOUNT INFORMATION IN CONNECTION WITH THE WEBSITE OR ANY
SERVICES OR MATERIALS, EITHER WITH OR WITHOUT YOUR KNOWLEDGE. TWEEJOY HAS
ENDEAVORED TO ENSURE THAT ALL THE INFORMATION ON THE WEBSITE IS CORRECT, BUT
TWEEJOY NEITHER WARRANTS NOR MAKES ANY REPRESENTATIONS REGARDING THE QUALITY,
ACCURACY OR COMPLETENESS OF ANY DATA, INFORMATION, PRODUCT OR SERVICE. TWEEJOY
SHALL NOT BE RESPONSIBLE FOR THE DELAY OR INABILITY TO USE THE WEBSITE OR
RELATED FUNCTIONALITIES, THE PROVISION OF OR FAILURE TO PROVIDE
FUNCTIONALITIES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, FUNCTIONALITIES AND
RELATED GRAPHICS OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE
USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT
LIABILITY OR OTHERWISE. FURTHER, TWEEJOY SHALL NOT BE HELD RESPONSIBLE FOR
NON-AVAILABILITY OF THE WEBSITE DURING PERIODIC MAINTENANCE OPERATIONS OR ANY
UNPLANNED SUSPENSION OF ACCESS TO THE WEBSITE THAT MAY OCCUR DUE TO TECHNICAL
REASONS OR FOR ANY REASON BEYOND TWEEJOY ‘S CONTROL. THE USER UNDERSTANDS AND
AGREES THAT ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE
WEBSITE IS DONE ENTIRELY AT THEIR OWN DISCRETION AND RISK AND THEY WILL BE
SOLELY RESPONSIBLE FOR ANY DAMAGE TO THEIR COMPUTER SYSTEMS OR LOSS OF DATA
THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. TWEEJOY IS NOT RESPONSIBLE
FOR ANY TYPOGRAPHICAL ERROR LEADING TO AN INVALID COUPON. TWEEJOY ACCEPTS NO
LIABILITY FOR ANY ERRORS OR OMISSIONS, WITH RESPECT TO ANY INFORMATION PROVIDED
TO YOU WHETHER ON BEHALF OF ITSELF OR THIRD PARTIES.
10.4 TWEEJOY SHALL NOT BE
LIABLE FOR ANY THIRD PARTY PRODUCT OR SERVICES. THE ADVERTISEMENT AVAILABLE ON
E-MAIL OR WEBSITE WITH RESPECT TO THE THIRD PARTY WEBSITE OR THE PRODUCTS AND
SERVICES ARE FOR INFORMATION PURPOSE ONLY.
11.
Indemnification and Limitation of Liability
11.1 You agree
to indemnify, defend and hold harmless Tweejoy including but not limited to its
affiliate, agents and employees from and against any and all losses,
liabilities, claims, damages, demands, costs and expenses (including legal fees
and disbursements in connection therewith and interest chargeable thereon)
asserted against or incurred by Tweejoy that arise out of, result from, or may
be payable by virtue of, any breach or non-performance of any representation,
warranty, covenant or agreement made or obligation to be performed by You
pursuant to these Terms of Use. Further, You agree to hold Tweejoy harmless
against any claims made by any third party due to, or arising out of, or in
connection with, Your use of the Website, any claim that Your material caused
damage to a third party, Your violation of the Terms of Use, or Your violation
of any rights of another, including any intellectual property rights.
11.2 Notwithstanding anything
to contrary, Tweejoy ‘s entire liability to You under this Terms of Use or
otherwise shall be the refund of the money charged from You for any specific
Merchandize.
11.3 In no event shall
Tweejoy, its officers, directors, employees, partners or suppliers be liable to
You, or any third party for any special, incidental, indirect, consequential or
punitive damages whatsoever, including those resulting from loss of use, data
or profits, whether or not foreseeable or whether or not Tweejoy has been
advised of the possibility of such damages, or based on any theory of
liability, including breach of contract or warranty, negligence or other
tortious action, or any other claim arising out of or in connection with Your
use of or access to the Website, Services or materials.
11.4 The limitations and
exclusions in this section apply to the maximum extent permitted by applicable
law.
12. Violation of the Terms
of Use
12.1 You agree
that Tweejoy may, in its sole discretion and without prior notice, terminate
Your access to the Website and block Your future access to the Website if
Tweejoy determines that You have violated these Terms of Use or Additional
Terms. You also agree that any violation by You of these Terms of Use will
constitute an unlawful and unfair business practice, and will cause irreparable
harm to Tweejoy, for which monetary damages would be inadequate, and You
consent to Tweejoy obtaining any injunctive or equitable relief that Tweejoy
deems necessary or appropriate in such circumstances. These remedies are in
addition to any other remedies Tweejoy may have at law or in equity.
12.2 You agree that Tweejoy
may, in its sole discretion, and without prior notice, terminate Your access to
the Website, for cause, which includes (but is not limited to): (1) requests by
law enforcement or other government agencies; (2) a request by You
(self-initiated account deletions); (3) discontinuance or material modification
of the Website or any service offered on or through the Website; or (4)
unexpected technical issues or problems.
12.3 If Tweejoy does take any
legal action against You as a result of Your violation of these Terms of Use,
Tweejoy will be entitled to recover from You, and You agree to pay, all
reasonable attorneys’ fees and costs of such action, in addition to any other
relief granted to Tweejoy.
13. Termination
13.1
The Terms of Use will continue to apply until terminated by either You or
Tweejoy as set forth below. If You want to terminate Your agreement with
Tweejoy, You may do so by (i) not accessing the Website; or (ii) closing Your
accounts for all of the Services that You use, where Tweejoy has made this
option available to You.
13.2 Tweejoy may, at
any time, with or without notice, terminate the Terms of Use (or portion
thereof, such as any individual Additional Terms) with You if:
(i) You breach any of
the provisions of the Terms of Use, the Privacy Policy or any other terms,
conditions, or policies that may be applicable to You from time to time (or
have acted in a manner that clearly shows that You do not intend to, or are
unable to, comply with the same);
(ii) Tweejoy is required to
do so by law (for example, where the provision of the Services to You is, or
becomes, unlawful);
(iii) The provision of the
Services to You by Tweejoy is, in Tweejoy’s opinion, no longer commercially
viable;
(iv) Tweejoy
has elected to discontinue, with or without reason, access to the Website, the
Services (or any part thereof)
13.3
Tweejoy may also terminate or suspend all or a portion of
Your account or access to the Services with or without reason. Except as may be
set forth in any Additional Terms applicable to a particular Service,
termination of Your Account may include: (i) removal of access to all offerings
within the Website or with respect to the Services; (ii) deletion of Your
materials and Account Information, including Your personal information, log-in
ID and password, and all related information, files and materials associated
with or inside Your Account (or any part thereof); and (iii) barring of further
use of the Services.
13.4 You agree that all
terminations shall be made in Tweejoy’s sole discretion and that Tweejoy shall
not be liable to You or any third party for any termination of Your Account
(and accompanying deletion of Your Account Information), or Your access to the
Website and Services.
13.5
Notwithstanding the foregoing, these Terms of Use will survive indefinitely
unless and until Tweejoy chooses to terminate them.
13.6 If You or
Tweejoy terminates Your use of the Website, Tweejoy may delete any content or
other materials relating to Your use of the Website and Tweejoy will have no
liability to You or any third party for doing so.
14. Governing Law
14.1
These Terms of Use and all transactions entered into on or
through the Website and the relationship between You and Tweejoy shall be
governed in accordance with the laws of India without reference to conflict of
laws principles.
14.2
You agree that all claims, differences and disputes arising
under or in connection with or in relation hereto the Website, the Terms of Use
or any transactions entered into on or through the Website or the relationship
between You and Tweejoy shall be subject to the exclusive jurisdiction of the
courts at New Delhi, India and You hereby accede to and accept the jurisdiction
of such courts.
15. Report Abuse
15.1 In
the event You come across any abuse or violation of these Terms of Use or if
You become aware of any objectionable content on the Website, please report to
Tweejoy customer support cs@tweejoy.com .
16. Privacy Policy
16.1 The
User hereby consents, expresses and agrees that he has read and fully
understands the Privacy Policy http://ujjwala5.sg-host.com/index.php?route=information/information&information_id=3 of Tweejoy in respect of the Website. You
further consent that the terms and contents of such Privacy Policy are
acceptable to You.
17.
Communications
17.1 You hereby
expressly agree to receive communications by way of SMS, e-mails from Tweejoy
relating to Services provided through the website.
17.2
A User can unsubscribe/ opt-out from receiving
communications from Tweejoy through SMS and e-mail anytime by: visiting www.tweejoy.com to
unsubscribe from messages/ SMS; and Newsletters sent daily at the registered
email address, by clicking on the unsubscribe option attached at the bottom of
newsletter received through e-mail
18. General
Provisions
18.1 Notice: All notices of
Tweejoy will be served by email or by general notification on the Website. Any
notice provided to Tweejoy pursuant to the Terms of Use should be sent to
Tweejoy customer support cs@tweejoy.com
18.2
Assignment: You cannot assign or otherwise transfer the Terms of Use, or any
rights granted hereunder to any third party. Tweejoy’s rights under the Terms
of Use are freely transferable by Tweejoy to any third parties without the
requirement of seeking Your consent.
18.3 Severability: If, for
any reason, a court of competent jurisdiction finds any provision of the Term
of Use, or portion thereof, to be unenforceable, that provision shall be
enforced to the maximum extent permissible so as to give effect to the intent
of the parties as reflected by that provision, and the remainder of the Terms
of Use shall continue in full force and effect.
18.4 Waiver: Any failure by
Tweejoy to enforce or exercise any provision of the Terms of Use, or any
related right, shall not constitute a waiver by Tweejoy of that provision or
right.
19. Feedback and
Information
19.1
Any feedback You provide to this Website shall be deemed to
be non-confidential. Tweejoy shall be free to use such information on an
unrestricted basis. Further, by submitting the feedback, You represent and
warrant that
(i) Your
feedback does not contain confidential or proprietary information of You or of
third parties;
(ii) Tweejoy is not under any
obligation of confidentiality, express or implied, with respect to the feedback;
(iii)
Tweejoy may have something similar to the feedback already under consideration
or in development; and (iv) You are not entitled to any compensation or
reimbursement of any kind from Tweejoy for the feedback under any circumstances.