Website Terms of Use

Last updated 24.03.2015

1. Welcome to TWILY

TWILY is an organisation, founded on the belief of kindness towards others as a means of positively adjusting perceptions. TWILY’s aim is to make the world a better place for everyone, by promoting, spreading and educating on kindness and its incredible effects.

www.twily.com.au (the Site) is an online service owned and operated by Twily Pty Ltd ACN 162 407 132 a company duly incorporated in Australia (TWILY).

TWILY through the Site provides an online environment where individuals (Users) can share, connect and engage with one another in solidarity around the theme of promoting and delivering kind acts to benefit themselves and those bestowed.

2. Acceptance & Variation

(a) By accessing, registering or using the Site you agree to be bound by these Terms and Conditions (Terms). If you do not agree to the Terms please exit the Site and do not proceed to access it in any way.
(b) TWILY reserves the right to modify, permanently or temporarily disable or discontinue any part of the Site and to alter, amend or withdraw any part of these Terms, the Purchasing Policy, Privacy Policy or any information or material appearing on the Site at any time, without liability or further notice to you. Your continued use of the Site will constitute an automatic acceptance of any alteration, withdrawal or amendment made to it by TWILY.

3. Permitted Use

You agree that you are only authorised to use the Site for your own personal use and for the following activities:
(a) reviewing promotional material;
(b) sharing and engaging with other Users in accordance with these Terms; and
(c) purchasing products or services from the online store, Best Gift Ever.

4. Interference

You agree that you will not:
(a) use any automated processes or means to access the Site;
(b) use any software or manual repetition that will or is likely to interfere with the Site; or
(c) attempt to cause stress or detriment to the proper working of the Site, such as by:

(i)  acting in any way likely to cause an unreasonable strain to the infrastructure of the Site;

(ii) reloading or refreshing transaction pages more than once every 5 seconds; or

(iii)   requesting any page of the Site more than 1000 times in aggregate in a 24 hour period.

5. No Commercial Use

You must not use any part of the Site for any commercial purposes. You must obtain TWILY’s prior written consent before you make any commercial offer on the Site whether by solicitation, direct advertising or links.

6. Copyright

(a) The information contained within the Site (including its coding, wording, design, graphics and logos) are owned by TWILY or its suppliers and are protected by Australian and International copyright laws.
(b) You may only retain copies of information if obtained incidentally to your viewing and kept for your own personal reference.

7. Purchasing

Please read our Purchasing Policy which is incorporated by into these Terms by reference. It provides the conditions relating to all sales through the Site.

8. Contributions

(a) The Site encourages Users to share and connect with other Users and non-Users by posting written material, uploading video and imagery content (Contributing) for the purpose of fostering future acts of kindness or sharing past acts of kindness.
(b) When Contributing you agree that you will:

(i)  not do anything, unlawful, malicious or discriminatory;

(ii) not bully, intimidate or harass;

(iii)   not upload viruses or other malicious code;

(iv)   ensure the content is not a commercial communication;

(v) ensure that the content is not of a ”junk mail” , “chain letter” or “spam” nature;

(vi)   ensure that you do not promote the unauthorised copying of another person’s copyrighted work; and

(vii)  ensure that the content is not: hateful or threatening; inciting of violence; pornographic; or graphic violence.

(c) In order to maintain the Site in a manner that TWILY deems appropriate, in its sole discretion and to the maximum extent permitted by law, TWILY may remove, reject, refuse to post, display or monitor any Contributions by you without notice or liability to you or any third party.
(d) TWILY however, is under no obligation to maintain the Site and accepts no responsibility for any User or third party Contributions.

9. Intellectual Property Rights

(a) You are taken to grant a perpetual, irrevocable, world-wide, royalty free, non-exclusive licence (including the right to novate or assign the licence, and to sublicence) to use, reproduce, adapt, modify and communicate any public area Contributions made on the Site, which have not been credited to another, for any purpose relating to our:

(i)  advertising, promotional and marketing campaigns;

(ii) internal public poster boards / threads; or

(iii)   product range offered for sale in our online store, Best Gift Ever.

(b) You are taken to warrant that:

(i)  your use of any third party materials which you Contribute, will not infringe upon another’s intellectual property rights and in all cases will be appropriately credited; and

(ii) you have the necessary rights to vest the intellectual property rights and grant the licences above in paragraph 10(a).

10. Reporting

(a) If you encounter any content on the Site that you find offensive and which you believe violates these Terms, please report the content to us by e-mailing admin@twily.com.au.
(b) So that we can efficiently deal with your report please ensure that your report:

(i)  states the reason for your concern/s; and

(ii) clearly identifies the content by providing:

(A) a description of it;
(B) a hyperlink to the specific page; and
(C) a screen shot of it.

11. Registration and Account

In order to contribute to the Site or purchase goods or services from it you must have a registered account. When creating an account you agree that:
(a) you will not provide any false personal information and will keep your personal information accurate and up to date;
(b) you will only create one account;
(c) you will not allow anyone else to access your account;
(d) you will not create a new account if your account is disabled;
(e) TWILY may alter your user name if we receive a legitimate complaint or otherwise are of the view that it is inappropriate; and
(f)  TWILY has the right to terminate your access to the Site, at any time, in its sole discretion, without notice.

12. TWILY Points

(a) TWILY rewards its Users with TWILY Points for positive participation and Contributions, loyal use and for purchases of products and service through Best Gift Ever. TWILY Points are issued to Users in accordance with the TWILY Points Policy.
(b) TWILY Points can be redeemed for credit with Best Gift Ever and other participating merchants in accordance with the TWILY Points Redemption Policy.

13. All Ages Site

The Site is designed to be enjoyed and used by people of all ages. Users under the age of 16 must seek and obtain consent from their parent or guardian before accessing and using the Site.

14. Privacy

These Terms are subject to our Privacy Policy which is incorporated by reference. By using the Site you consent to us collecting your personal information. Please read our Privacy Policy so that you are aware of how we collect and use personal information.

15. Third Party Sites

(a) The Site may contain links to third party websites outside the control of TWILY (Linked Sites). TWILY takes no responsibility for content contained in any Linked Sites, and does not endorse any aspect of these third party services. Such links are provided for convenience only by TWILY or otherwise are User Contributions. You use these Linked Sites entirely at your own risk.
(b) If you choose to purchase goods or services from a third party, including one accessed from the Site, you are entering a separate agreement with that third party, and expressly agree that TWILY is not a party to any such transaction.
(c) You may link the Site without TWILY’s consent but must not deep link the Site. Any linking by you will be entirely your responsibility and at your expense. By linking, you must not:

(i)  alter any of the Site’s contents including any intellectual property notices; or

(ii) frame or reformat any of TWILY’s pages, files, images, text or other materials.

16. Off Site Conduct

It is a direct violation of these Terms for you to engage in an activity using information obtained from the Site to contact, abuse, advertise, sell to, harass or harm any other User.

17. Consequences for Violation

(a) If you violate these terms in any way you agree that TWILY may in its sole discretion and without notice to you:

(i)  take any legal action it has available against you;

(ii) terminate your account with TWILY;

(iii)   cancel your purchase order;

(iv)   remove all of your Contributions on the Site;

(v) block your use of the Site;

(vi)   restrict your ability to make future purchases; and/or

(vii)  disclose information about you and your use of the Site for investigation by any enforcement body for your unlawful activity.

(b) You agree that monetary damages may not be sufficient where your actions cause damage to TWILY, whether by tarnishing its goodwill, causing a loss to sales or increasing its expenses and in such a case consent to TWILY obtaining injunctive or other equitable relief against you as a consequence of your violation.

18. Disclaimer

(a) The Site is delivered on an “as is” and “as available” basis. In this context TWILY does not warrant that the Site will be error-free or uninterrupted.
(b) Whilst all due care has been taken in providing the information on the Site, TWILY does not provide any warranty either express or implied, including, without limitation, warranties of title or implied warranties of merchantability or fitness for a particular purpose.
(c) To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is excluded.
(d) All due care is taken in ensuring that the Site is free of any virus, worm, Trojan horse and/or malware, however TWILY is not responsible for any damage to your computer system or device which arises in connection with your use of the Site or any Linked Site.
(e) TWILY undertakes to take all due care with any information which you may provide when accessing the Site and to preserve such information in a secure manner in accordance with its Privacy Policy. TWILY, however does not warrant and cannot ensure the security of any information which you may provide and information you transmit to the Site is entirely at your own risk.
(f)  TWILY provides no warranty as to the accuracy or currency of the account information or Contributions uploaded to the Site by its Users.
(g) From time to time TWILY may host third party content on the Site such as advertisements and endorsements. Responsibility for the content of such material rests with those third parties and TWILY is not responsible for any errors or omissions in such material or any damage caused either directly or indirectly by them.
(h) TWILY will not be liable to you or any other party for damages of any kind arising from your use of the Site.

19. Limitation of Liability

To the full extent permitted by law:
(a) TWILY’s liability for breach of an implied warranty or condition is limited to the supply of the product or service again or payment of the costs of having the service or product supplied again;
(b) TWILY accepts no liability for any loss whatsoever including consequential loss suffered by you arising from the services we have supplied; and
(c) TWILY does not accept liability for anything contained in a User’s Contributions or in any form of communication which originates with a User and not with TWILY.

20. Indemnity

You will at all times indemnify and keep indemnified TWILY and its respective officers, employees and agents from and against any loss (including reasonable legal costs and expenses) or liability incurred by any of those indemnified arising from any claim, demand, suit, action or proceeding by any person against any of those indemnified where such loss or liability arose out of, in connection with, or in respect of, your use of the Site or any breach of these Terms by you.

21. General

21.1   Jurisdiction

(a) This Agreement is governed by the law in force in the State of Queensland.
(b) Each party submits to the non-exclusive jurisdiction of the courts of Queensland and the courts competent to determine appeals from those courts, in relation to any proceedings that may be brought at any time relating to this Agreement.
(c) Each party irrevocably waives any objection it may have now or in the future to the venue of any proceedings where that venue falls within Queensland.

21.2   Severability

Any provision of the Terms and Conditions that is illegal, void or unenforceable will be severed without prejudice to the balance of the provisions of the Terms and Conditions which shall remain in force.

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