Terms of Use

Last updated on 16 December 2016.

PLEASE READ THESE TERMS OF USE CAREFULLY. BY CLICKING “SIGN UP” OR "CREATE AN ACCOUNT" OR BY ACCESSING OR USING THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS OF USE AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT ACCESS OR USE THE SERVICES.

These Terms of Use (“Terms”) apply to your access to and use of any website, mobile application or other online or mobile product or service (collectively, the “Services”) of Twimo Solutions Private Limited (“Twimo”, “we” or “us”). If you are using the Services on behalf of any company or a legal entity, you represent and warrant that you are authorized to accept these Terms on such company’s or legal entity’s behalf, and that such entity will be responsible for your violation of these Terms. Without prejudice to the aforementioned sentence, if you are using our Services on behalf of a company or other legal entity, you are nevertheless individually bound by this Agreement even if your company has a separate agreement with us.

By clicking “Sign Up” or "Create an account", you acknowledge that you have read and understood the terms and conditions of these Terms and that you agree to be bound by all of its provisions.

Failure to use our Services in accordance with these Terms may result in, among other things, termination or suspension of your rights to use the Services and may subject you to legal action by Twimo and/or severe civil and/or criminal penalties.

We reserve the right to make changes or modifications to these Terms, or any policy or guideline of our Services, at any time and in our sole discretion. Any changes or modifications will be effective immediately upon posting the revisions on our Services, and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of our Services following the posting of changes or modifications will constitute your acceptance of such changes or modifications. Accordingly, you should frequently review these Terms and applicable policies and guidelines to understand the terms and conditions that apply to your use of the Services.

You agree that by registering on Twimo, or by using our Services, you are entering into a legally binding agreement with Twimo, based on these Terms and Privacy Policy, which is hereby incorporated by reference and become a user of our Services.

Please refer to our Privacy Policy for information about how Twimo collects, uses and discloses information about our users. The Privacy Policy forms an integral part of these Terms. By accessing or using our Services you agree to our Privacy Policy.

You may Contact Us with any questions regarding these Terms.


1. ELIGIBILITY, REGISTRATION AND ACCOUNT

1.1. Eligibility
You must be at least 18 years of age to access or use the Services. By registering to use our Services, you represent that you are over 18 years.

1.2. Registration and Account
In order to access certain areas and features of our Services, you will need to register for an account. You agree to:

(a) create a unique password (To mitigate the risk of unauthorized access to your account by any third person, including by hacking or phishing or otherwise, we advise that the unique password is not used by you for any other online products or services);
(b) provide accurate, truthful, current and complete information when creating an account, including but not limited to any mandatory or minimal information as required by the Services;
(c) maintain and promptly update your account information;
(d) maintain the security of your account by protecting your password and restricting access to your account;
(e) promptly notify Twimo if you discover or otherwise suspect any security breaches related to the Services; and
(f) take responsibility for maintaining the confidentiality of the password and account and for all activities that occur under your account and accept all risks of any authorized or unauthorized access;


2. YOUR OBLIGATIONS AND RESPONSIBILITIES

2.1. Profile Information and Team Affiliation
You warrant that any and all information you provide to us and other users on the Services is true, complete, current and accurate. You warrant that you will only join teams to which you truly belong. Attempting to join teams to which you do not belong or otherwise gaining or attempting to gain access to information that is not meant for you would be considered a violation of these Terms.

You understand that the use of Services requires you to maintain certain mandatory or minimal information, including but not limited to profile information and team affiliation. You agree to abide by these requirements.

2.2. Interactions with Other Users
You have sole responsibility when interacting with other users. Our Services provide a platform for users to find and communicate with other users within their teams. Twimo is not a party to, has no involvement or interest in, makes no representations or warranties as to, and has no responsibility or liability with respect to any communications, transactions, interactions, disputes or any relations whatsoever between you and any other user, person or organization. You are solely responsible for your interactions with other users of our Services. We reserve the right, but have no obligation, to monitor interactions between you and other users of our Services.

2.3. Verification of Users
Your access to teams you join on Twimo is conditional upon you being verified on such teams. Twimo may seed teams by providing verification to users. While, Twimo shall endeavor to ensure that the user belongs to the team which it seeks to seed, it does not guarantee identity or good faith of any user.

We cannot and do not confirm each user’s identity although we provide the tools for users to verify each other. You agree and undertake that you shall only verify users who truly belong to the teams on which they are seeking verification.

Although users may be verified on teams by Twimo or other users, you are solely responsible for determining the identity and suitability of others with whom you may interact through our Services. Twimo does not represent or warrant or undertake that our verification processes are sufficient to determine whether it is appropriate for you to interact with another user. Further, we do not endorse any persons who use or register for our Services, including but not limited to the users we may seed in teams. We do not investigate or verify any user's reputation, conduct, morality, criminal background, or any information users may submit to the Services.

Furthermore, Twimo is not affiliated with any of the teams on the platform.

2.4. Release
Because our Services are merely a platform, in the event that you have a dispute with one or more users, you release us (and our officers, directors, users, employees, agents and affiliates) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

2.5. Costs of Use
You warrant that you agree to bear at your cost all equipment, software, and internet access necessary to use the Services.

2.6. Communication about Twimo Services
You agree that Twimo may communicate with you through your account or through other means including email about your Twimo account or Services.


3. PAYMENTS AND FEES

Twimo, in its sole discretion, may charge users, teams or organisations a fee to post content or for access to other features, products, services or licenses as part of the Services. You are responsible to Twimo for any fees applicable to content that you post or access, other features, products, services or licenses you purchase or that are purchased through your account. You authorize Twimo, or its designated payment processor, to charge your specified credit card, debit card or other payment method for such fees.

Unless otherwise specified, all payments and fees are in United States dollars and all charges will be made in United States dollars. Any applicable sales or other taxes are additional to the stated fee. Currency exchange settlements and foreign transaction fees are based on your agreement with your credit card or other payment method provider.

In the event, the laws of your jurisdiction do not permit you to make payments through the modes of payments provided by us to you or if we have indicated any such exclusions or exceptions that may apply to you, you may get in touch with us to discuss the alternative modes of payment. We are not liable for any losses that you may incur as a result of your use of a mode of payment that is (i) not permitted by the laws of your jurisdiction, or (ii) falls under any such exclusions or exceptions that may apply to you as indicated by us.

All payments and fees are nonrefundable, including, without limitation, in situations where content is removed by Twimo due to violation of the Terms (see Section 4.1 on “User Content Restrictions”). Payments may not be canceled by the user. However, Twimo reserves the right to refuse or terminate any payments at any time in its sole discretion.


4. USER CONDUCT AND CONTENT

The Services include interactive areas where you or other users can create, post or store content, messages, materials, data, information, text, photos, hyperlinks or other items or materials on the Services (collectively, “User Content”). You are solely responsible for your use of such interactive areas and agree that your use of these areas is at your own risk.

4.1. User Content Restrictions
You are solely responsible for any User Content that you submit, post or transmit via our Services. You agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Services, User Content that we believe, in our sole discretion:

(a) is unlawful, libelous, defamatory, harassing, threatening, invasive of privacy or publicity rights, or that would otherwise create liability or violate any local, state, national or international law;

(b) contains nudity, sexually explicit content or is otherwise obscene, pornographic, indecent, lewd, suggestive or sexually exploitative of minors;

(c) may disparage any ethnic, racial, sexual or religious group by stereotypical depiction or is otherwise abusive or inflammatory;

(d) depicts the use of illicit drugs;

(e) contains offensive language or images or is otherwise objectionable;

(f) incites violence or characterizes violence as acceptable, glamorous or desirable;

(g) contains unsolicited promotions, political campaigning, advertising or solicitations, without our prior written consent;

(h) contains private or personal information about another person, unless such person has agreed to the disclosure of this information;

(i) contains viruses, corrupted data or other harmful, disruptive or destructive files, viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;

(j) may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting User Content, you represent and warrant that you have the lawful right to distribute and reproduce such User Content; or

(k) would constitute, encourage or provide instructions for a criminal offense or violate the rights of any third party.

Twimo is not responsible for any User Content that you or other users post, transmit or store through the Services. Users may take action to moderate User Content on teams. We have no obligation to post User Content from you or anyone else and we may, in our sole discretion, edit, remove or delete any User Content without notice. If you become aware of User Content that violates these Terms, contact us by email.

Enforcement of these Terms, however, is solely in our discretion and the absence of enforcement in some instances does not waive us of our right to enforce the Terms in other instances. In addition, these Terms do not create a private right of action on the part of any third party or any reasonable expectation that the Services will not contain any content that is prohibited by such rules.

Please note that ideas you post and information you share may be seen and used by other users, and Twimo cannot guarantee that other users will not use the ideas and information that you share on Twimo. Therefore, if you have an idea or information that you would like to keep confidential and/or don’t want others to use, or that is subject to third party rights that may be infringed by your sharing it, do not post it to your teams or elsewhere on Twimo. Twimo is not responsible for a user’s misuse or misappropriation of any content or information you post in your teams or elsewhere on Twimo.

Twimo respects others’ intellectual property and asks that you do too. We will respond to notices of alleged copyright infringement if they comply with the law and are properly provided to us. We reserve the right to delete or disable content alleged to be infringing and to terminate repeat infringers.

4.2. User Conduct
By accessing or using the Services, you agree to act responsibly and exercise good judgment. In addition, you agree not to:

(a) use the Services in violation of any applicable law or regulation, including promoting or encouraging any illegal activity;

(b) infringe the rights of any third party, including without limitation, intellectual property, privacy, publicity or contractual rights;

(c) use the Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Services or that could damage, disable, overburden or impair the functioning of the Services in any manner;

(d) use our Services in connection with the distribution of spam (which we define as unsolicited bulk e-mail or any other unsolicited messages of a commercial, religious, romantic or political or other nature not within the intended purposes of the Services);

(e) stalk, intimidate, threaten or otherwise harass or cause discomfort to any other user of our Services;

(f) collect or store any information about any other user other than as permitted on our Services;

(g) use our Services for any commercial purpose whatsoever, unless with prior written consent from Twimo;

(h) register for more than one user account;

(i) impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity, whether by providing or omitting to provide information;

(j) circumvent or attempt to defeat any security or verification measure relating to use of the Services;

(k) hold yourself out as an agent, representative, employee or affiliate of Twimo; or

(l) assist any third party in doing any of the foregoing;

4.3. User Content License
You retain ownership of your User Content, but by uploading it to the Services, you are granting us a license to use, copy, reproduce, process, adapt, publish, transmit, host and display your User Content for the purpose of (i) providing you the Services and associated support; and (ii) analyzing and improving the operation of the Services.

You represent and warrant that (a) you own and control all of the rights to the User Content that you post or submit or provide or you otherwise have the right to post or submit or provide such User Content to the Services; (b) the User Content is accurate and not misleading; (c) the User Content is not confidential and not in violation of any contractual restrictions or other third party rights; (d) the use and posting of the User Content you supply does not violate these Terms and will not violate any rights of or cause injury to any person or entity.


5. SUBMISSIONS

We welcome questions, comments, suggestions and ideas about Twimo and our Services (“Feedback”). If you provide Feedback, you agree that it is non-confidential (unless Twimo states otherwise in writing) and shall become the sole property of Twimo. Twimo shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of Feedback for any purpose, commercial or otherwise. You acknowledge that Twimo is not obligated to provide acknowledgment or compensation to you in exchange for Feedback.


6. COPYRIGHT AND LIMITED LICENSE

Unless otherwise indicated, the Services and all content and other materials on the Services, including, without limitation, the Twimo logo, and all designs, text, graphics, pictures, videos, information, data, software, sound files and other files, and the selection and arrangement thereof, (collectively, the “Twimo Materials”) are the proprietary property of Twimo or our licensors or users and are protected by Indian and international copyright laws.

You are granted a limited, non-exclusive and non-sublicensable license to access and use the Services; however, such license is subject to these Terms and does not include: (a) any resale or commercial use of the Services or the Twimo Materials; (b) the distribution, public performance or public display of any Twimo Materials; (c) modifying or otherwise making any derivative uses of the Services and the Twimo Materials, or any portion thereof, unless modification or derivative use is specifically provided for under separate terms; (d) use of any data mining, robots or similar data gathering or extraction methods; (e) downloading (other than the page caching) of any portion of the Services, the Twimo Materials or any information contained therein, except as expressly permitted on the Services; or (f) any use of the Services or the Twimo Materials other than for their intended purposes. Any use of the Services or the Twimo Materials other than as specifically authorized herein, without the prior written permission of Twimo, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.

“Twimo,” "Twimo.co", "The World Is My Oyster", the Twimo logos and any other Twimo service name or slogan contained on the Services are the proprietary property of Twimo and may not be copied, imitated or used, in whole or in part, without the prior written permission of Twimo or the applicable trademark holder. You may not use any metatags or any other “hidden text” utilizing “Twimo” or any other name, trademark or product or service name of Twimo without our prior written permission. In addition, the look and feel of the Services, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Twimo and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and names or logos mentioned in the Services are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.


7. THIRD-PARTY CONTENT

In using our Services, you may be exposed to content from other users or third parties (“Third-Party Content”), either on our Services or through links to third-party websites. We do not control, endorse or adopt any Third-Party Content and shall have no responsibility for Third-Party Content, including without limitation to material that may be misleading, incomplete, erroneous, offensive, indecent or otherwise objectionable. You must evaluate, and bear all risks associated with Third-Party Content including without limitation, profiles of other users of our Services.


8. TERMINATION

8.1 We may, in our discretion and without being liable to you, with or without cause (such cause may include your breach of these Terms), with or without prior notice and at any time: (a) terminate your access to our Services, (b) deactivate or delete your account and all related information and files in such account and/or (c) bar your access to any of such files or Services.

8.2 Without prejudice to our rights under these Terms, including without limitation, Section 8.1 above, Section 9 and 16.3, we may, in our discretion and without being liable to you, deactivate or delete your account and all related information and files in such account, in the event (a) of your death (b) your account has not been accessed for a period exceeding 3 years.


9. DISCONTINUATION OF SERVICES

We may, in our discretion and without being liable to you, with or without prior notice and at any time, modify or discontinue, temporarily or permanently, any portion of our Services.


10. USER’S REPRESENTATIONS AND WARRANTIES

10.1. You hereby represent and warrant that you have the full power and authority to enter into and perform under these Terms. If you are using our Services on behalf of any entity, you represent and warrant that you are authorized to accept these Terms on such entity’s behalf.

10.2. You hereby represent and warrant that you will use our Services in a manner consistent with any and all applicable local, state, national and international laws and regulations. You also warrant that you are not prohibited from receiving Indian products, including services or software.

10.3. You hereby represent and warrant that you will not use the Services if the laws of your country prohibit you from doing so in accordance with these Terms (for example, if you are not allowed to provide the types of personal information that we require, or if you are prohibited from participating in certain Internet activity). By using the Services, you represent and warrant that such use will not violate, or cause us to violate, the laws of your country.


11. DISCLAIMER OF WARRANTIES

11.1. IF YOU USE OUR SERVICES, YOU DO SO AT YOUR SOLE RISK. OUR SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM, AND YOU WAIVE, ALL OTHER WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SERVICES, INCLUDING THE INFORMATION, CONTENT AND MATERIALS CONTAINED THEREIN.

11.2. WE DO NOT REPRESENT OR WARRANT THAT (A) OUR SERVICES WILL MEET YOUR REQUIREMENTS; (B) OUR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) ANY INFORMATION THAT YOU MAY OBTAIN THROUGH OUR SERVICES WILL BE ACCURATE OR RELIABLE; (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES WILL MEET YOUR EXPECTATIONS; (E) ANY INFORMATION YOU PROVIDE OR WE COLLECT WILL NOT BE DISCLOSED TO THIRD PARTIES; OR (F) ANY ERRORS IN ANY DATA OR SOFTWARE WILL BE CORRECTED.

11.3. IF YOU ACCESS OR TRANSMIT ANY CONTENT THROUGH THE USE OF OUR SERVICES, YOU DO SO AT YOUR OWN DISCRETION AND YOUR SOLE RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE ARISING OUT OF SUCH ACCESS OR TRANSMISSION; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.

11.4. NO DATA, INFORMATION OR ADVICE OBTAINED BY YOU IN ORAL OR WRITTEN FORM FROM US OR THROUGH OR FROM OUR SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

11.5. WE NEITHER WARRANT NOR REPRESENT THAT YOUR USE OF THE SERVICE WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES. ANY MATERIAL, SERVICE, OR TECHNOLOGY DESCRIBED OR USED ON THE WEBSITE MAY BE SUBJECT TO INTELLECTUAL PROPERTY RIGHTS OWNED BY THIRD PARTIES WHO HAVE LICENSED SUCH MATERIAL, SERVICE, OR TECHNOLOGY TO US.


12. LIMITS ON LIABILITY

12.1. YOU FURTHER ACKNOWLEDGE THAT TWIMO HAS NO CONTROL OVER THE INFORMATION TRANSMITTED BY USING THE SERVICES AND THAT TWIMO DOES NOT EXAMINE THE USE TO WHICH YOU PUT THE SERVICES OR THE NATURE OF THE INFORMATION YOU SEND OR RECEIVE. IN NO EVENT SHALL TWIMO, OR OUR DIRECTORS, USERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING FROM OR RELATING TO: (A) THE USE OR INABILITY TO USE OUR SERVICES; (B) THE COST OF REPLACEMENT OF ANY GOODS, SERVICES OR INFORMATION PURCHASED OR OBTAINED AS A RESULT OF ANY INFORMATION OBTAINED FROM OR TRANSACTIONS ENTERED INTO THROUGH OR FROM OUR SERVICES; (C) DISCLOSURE OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR CONTENT; (D) DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS OR PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF WE KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; (E) STATEMENTS, CONDUCT OR OMISSIONS OF ANY SERVICE PROVIDERS OR OTHER THIRD PARTY ON OUR SERVICES; (F) THE ACTS OR OMISSIONS OF OTHER PROVIDERS OF TELECOMMUNICATIONS OR INTERNET SERVICE PROVIDERS (INCLUDING INTERNET REGISTRATION AUTHORITIES) OR FOR FAULTS IN OR FAILURES OF THEIR EQUIPMENT; (G) YOUR OR ANYONE ELSE’S CONDUCT OR ACTS IN CONNECTION WITH THE USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, DEATH OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER REGISTERED USERS OF OUR SERVICES OR PERSONS INTRODUCED TO YOU BY OUR SERVICES, WHETHER ON-LINE OR OFF-LINE; OR (G) ANY OTHER MATTER ARISING FROM, RELATING TO OR CONNECTED WITH OUR SERVICES OR THESE TERMS.

12.2. WE SHALL NOT BE LIABLE FOR ANY FAILURE OR DELAY IN PERFORMING UNDER THESE TERMS, WHETHER OR NOT SUCH FAILURE OR DELAY IS DUE TO CAUSES BEYOND OUR REASONABLE CONTROL.

12.3. IN NO EVENT WILL OUR AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY IN ANY MATTER ARISING FROM OR RELATING TO OUR SERVICES OR THESE TERMS EXCEED THE SUM OF ONE HUNDRED US DOLLARS ($100).

12.4. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATION OF SECTIONS 12 AND 13 MAY NOT APPLY TO YOU.


13. INDEMNITY

You shall defend, indemnify and hold harmless Twimo (and each of our officers, directors, users, employees, agents and affiliates) from any claim, demand, action, damage, loss, cost or expense, including without limitation reasonable attorneys’ fees, arising out or relating to (a) your use of our Services; (b) any User Content or Submissions you provide; (c) your violation of these Terms; (d) your violation of any rights of another; or (e) your conduct in connection with the Services. Further, if you are using the Services on behalf of any entity, you represent and warrant that such entity agrees to indemnify you and Twimo for violations of these Terms in accordance with this Section. If you are obligated to indemnify us, we will have the right, in our sole and unfettered discretion, to control any action or proceeding and determine whether we wish to settle it, and if so, on what terms.


14. REPORTING MISCONDUCT

If you interact with anyone through our Services who you feel is acting or has acted inappropriately, including but not limited to offensive, violent or sexually inappropriate behavior, who engages in any other disturbing conduct, we strongly encourage you to immediately report such person to the appropriate authorities and to us by contacting us by email. Please note that although we encourage you to report misconduct, we are not responsible or liable for our users' actions and we are not obligated to take any action.


15. DISPUTES, GOVERNING LAW AND JURISDICTION

Our Services are to be availed only by persons who can form legally binding contract under Indian laws. These Terms or any claim, cause of action or dispute arising out of or related to these Terms or relating to the Services shall be governed by the laws of India regardless of your country of origin or where you access Twimo, and notwithstanding of any conflict of law principles and the United Nations Convention for the International Sale of Goods. You and Twimo agree that all claims arising out of or related to these Terms shall be submitted to the exclusive jurisdiction of the courts in Bangalore, Karnataka, India.


16. MISCELLANEOUS

16.1. Governing Law. These Terms shall be interpreted in accordance with the laws of India, without regard to conflict-of-law principles or the United Nations Convention for the International Sale of Goods.

16.2. Entire Agreement. These Terms contain the entire agreement, and supersede all prior and contemporaneous understandings, between the parties regarding their subject matter.

16.3. Assignment and Delegation. You may not assign or delegate any rights or obligations under these Terms. Any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under these Terms, fully or partially without notice to you. We may also substitute, by way of unilateral novation, effective upon notice to you, Twimo Solutions Private Limited for any third party that assumes our rights and obligations under this Agreement.

16.4. Waiver. Our failure or delay in exercising any right, power or privilege under these Terms shall not operate as a waiver thereof.

16.5. Severability. The invalidity or unenforceability of any of these Terms shall not affect the validity or enforceability of any other of these Terms, all of which shall remain in full force and effect.

16.6. Headings. Headings of sections are for convenience only and shall not be used to limit or construe such sections.

16.7. Survival. Sections 2.4 (Release), 4 (User Conduct and Content), 5 (Submissions), 6 (Copyright and Limited License), 7 (Third-Party Content), 10 (User’s Representations and Warranties), 11 (Disclaimer of Warranties), 12 (Limits on Liability), 13 (Indemnity), 15 (Disputes), this Section 16 (Miscellaneous) and such other provision which by their nature survive termination shall survive any termination or expiration of these Terms.