Terms & Conditions
1 ACCEPTANCE OF TERMS - GENERAL
1.1 The use of this website is subject to the terms and conditions (“T&C”) provided herein. By accessing and using this website you agree to be bound by this T&C and any modifications and amendments, which may be posted by Twistcode on this website from time to time.
1.2 You agree that Twistcode may modify and amend this T&C at any time without notice. Unless explicitly stated otherwise, any new service introduced by Twistcode, shall be subject to this T&C. All such notices are hereby incorporated by reference into the T&C. You are responsible for regularly reviewing Twistcode’s T&C posted on Twistcode website. By continuing to use this website, you are deemed to have agreed to be bound by any modifications and amendments to this T&C.
1.3 You can access this website home page and browse the website without disclosing your personal data. The service and links in this website may include links to third party websites and are subject to Section 7 herein.
1.4 Owing to the global nature of the Internet infrastructure, the information you provide may be transferred in transit to countries that do not have similar protection regarding your data and it’s use as set out in this T&C. By submitting your information you consent to these transfers.
1.5 "You" shall mean any user of this website.
1.6 “Twistcode” shall mean Twistcode Sdn Bhd.
1.7 “Twistcode Service” shall mean the services and products provided and made available to you by Twistcode Sdn Bhd.
2 USE AND SECURITY
2.1 Information on this website may contain technical inaccuracies or typographical errors. Information may be changed or updated without notice. Twistcode may also make improvements and/or changes to this website and to the fees and rates for Twistcode Services, at any time without notice.
2.2 This website may not be available to all devices which connect to the Internet. You assume all responsibility regarding the end-user equipment and software necessary to access this website and assume all risk associated therewith.
2.3 This website may not be available to be accessed from all regions and countries of the world. Twistcode reserves the right, in its sole discretion, to limit or terminate your ability to access this website from certain regions or countries, and you assume all risk associated with the accessibility of Twistcode Service on this website from any given region or country of the world.
2.4 Twistcode reserves the right to limit or prohibit your entry into its website in its sole discretion and shall not be liable for such limitation or prohibition.
3 YOUR CONDUCT
3.1 You agree to use this website only for lawful purposes and in accordance with this T&C.
3.2 You agree to notify Twistcode immediately of any unauthorized use or any other breach of security at the end of each session. Twistcode cannot and will not be liable for any loss or damage arising from your failure to comply with this provision.
3.3 You agree to abide by all applicable local, state, national and international laws and regulations and are solely responsible for all acts or omissions that occur under your usage, including the content of your communication through Twistcode Service. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct. Specifically, you agree to comply with all applicable laws regarding online communication in the country in which you reside.
3.4 You may not use this website in any manner that could damage, disable, overburden, or impair this website (or the network(s) connected to Twistcode Service) or interfere with any other party's use and enjoyment of Twistcode Service. You may not attempt to gain unauthorized access to this website, computer systems or networks connected to this website, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through this website.
4 TERMINATION/ACCESS RESTRICTION
4.1 Without limiting anything herein contained, Twistcode reserves the right to terminate this website at any time without notice and for any reason.
4.2 In addition to any termination rights Twistcode may have under this T&C, Twistcode may terminate your access to this website without notice and in its own discretion in the occurrence of the following:
- You materially violate this T&C or any notice posted from time to time on this website, any applicable law, rule or regulation relating to the use of the Twistcode Service; or
- Any law, regulation, or governmental action renders all or any portion of the this website (or your use of the Twistcode Service) unlawful or impracticable; or
- Your use of this website impairs or threatens to impair the integrity or functionality of Twistcode network in any manner; or
- If Twistcode believes that you have violated or acted inconsistently with the intention or spirit of this T&C
4.3 You agree that Twistcode shall not be liable to you or any third-party for any termination of your access to this website.
5 DISCLAIMER & LIMITATION OF LIABILITY
5.1 Twistcode makes no warranty that this website will meet your equirement or that this website will be secure, timely, uninterrupted or error free, or that any data, content, information, software or other material accessible on or through this website are true, accurate, or are free of viruses or other harmful components.
5.2 You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this website for the reconstruction of any lost data. All use of this website is at your own risk and you are solely responsible for all damages resulting therefrom.
5.3 This website is not intended for "mission critical" circumstances and is provided on an "as is," where is" and "as available" basis, without warranties of any kind, express or implied, including, but not limited to warranties of title, quiet enjoyment, non-infringement or implied warranties of merchantability or fitness for a particular purpose.
5.4 To the maximum extent permitted by applicable law, Twistcode disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title and non-infringement with respect to this website and transactions performed through the service or on the Internet generally. Twistcode makes no representations or warranties as to the quality of the call or any connection to or any transmission over the Internet.
5.5 To the fullest extent permitted by applicable law, under no circumstances, including, but not limited to negligence, shall Twistcode be liable for any direct, indirect, incidental, special or consequential damages, damages for loss of profits (even if Twistcode has been advised of the possibility of such damages or even if such damage is foreseeable), that result from the use of or the inability to use this website, any changes to this website and unauthorized access to or alteration of your transmissions or data, any communication, transmission, material or data sent or received or not sent or received, or any transactions entered into through this website or arising in connection with the fraudulent or unlawful acts of any third party.
5.6 You specifically agree that Twistcode is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another's rights, including intellectual property rights.
5.7 If you are dissatisfied with this website, the materials available on or through the Twistcode Service, Website or with the provisions of this T&C, you agree that your sole and exclusive remedy is to discontinue using this website or any of Twistcode’s other products and services.
5.8 Twistcode will take reasonable measures to maintain the privacy and security of all private information provided by you to this website, but third parties (such as hackers) may breach or attempt to breach Twistcode's security measures or may gain unauthorized access to Twistcode database or other equipment containing your information. You agree that Twistcode shall not be liable for damages of any sort, whether arising under contract, tort, or otherwise, with respect to any breach of security of this website or any other company equipment or user information.
6 INDEMNITY
6.1 You agree to indemnify, defend and hold Twistcode, its officers, directors, employees, agents, shareholders, licensors, suppliers and any third party information providers to Twistcode Service and website harmless from and against all losses, expenses, damages and costs, including attorneys’ fees, resulting from any violation by you of this T&C or asserted by any third party due to or arising out of your use of or conduct on this website.
7 LINKS TO THIRD PARTY SITES
7.1 This website may contain links to third party websites ("Linked Websites") and include advertisements. You agree that Linked Websites and advertisements are necessary for Twistcode to provide Twistcode Service. Such links and advertisements are provided to you only as a convenience. Twistcode shall not be responsible if the Linked Website is not working appropriately. Twistcode has no control over such websites and resources and shall not be responsible for the contents of any Linked Website or advertisement, including without limitation any link contained in a Linked Website and does not endorse any content, advertising, products, or other materials on or available from such websites or resources. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Websites, and for taking precaution to ensure that whatever you select for your use is free of viruses, worms, Trojan horses and other items of a destructive nature.
7.2 Any dealings with third parties (including advertisers) over the Linked Websites or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser, merchant or other third party. You agree that Twistcode shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such website or resource. The purchase of any product or service from a merchant from a Linked Website is a transaction solely between you and that merchant, and any question or dispute you may have regarding any such product or service should be addressed directly to the responsible merchant. Twistcode has no responsibility or liability for any merchant or your relationship with such merchant.
8 DISCLOSURE AND CONFIDENTIALITY
8.1 Twistcode reserves the right to disclose any personal information about you or your usage of the Twistcode Service without your prior permission if Twistcode in good faith, believes that such action is necessary to:
- Conform to legal requirements or comply with legal process;
- Protect and defend the rights or property of Twistcode or its holding or affiliated company;
- Enforce this T&C; or
- Act to protect the interests of its members or others.
8.2 Any non-personal information or material sent to Twistcode by you will generally NOT be treated as confidential.
9 PROPRIETARY RIGHTS COPYRIGHT
9.1 This website, all images, text, graphics, logos, sound, programs and any other material (“Content”) found on this website are protected by trademark, copyright, or other intellectual property laws and international treaties. Any commercial use of this website and Content found on this website is strictly prohibited, without Twistcode’s express and prior written consent. Any reproduction or redistribution of Twistcode Service, and Content found on this website, not in accordance with the T&C herein is expressly prohibited by law, and may result in severe civil and criminal penalties.
9.2 Elements of this website, its design and layout are protected by trade dress and other laws and may not be copied or imitated in whole or in part.
9.3 No logo, graphic, sound or image from this website may be copied or retransmitted unless expressly permitted by Twistcode.
9.4 Twistcode respects the trademark, copyrighted materials or any intellectual property (hereby collectively referred as “Intellectual Property”) of others. Should you have a reason to believe that your Intellectual Property has been used by Twistcode in a way that constitutes an infringement, and/or that your Intellectual Property rights have been otherwise violated (hereby referred as “Infringing Materials), please notify Twistcode via an electronic mail at info@twistcode.com (hereby referred as "Notice") and upon obtainment of such, Twistcode shall remove and/or disable the access to the Infringing Materials within forty-eight (48) hours from the time of receipt of the following information:-
- an electronic and/or physical signature of the proprietor, owner, authorized agent and/or evidence indicating the proprietorship or ownership of the Intellectual Property;
- a clear and brief description of the Infringing Materials and the Uniform Resource Locator (“URL”), with adequate details that make it able for Twistcode to locate the whereabouts of the Infringing Materials;
- a written undertaking that you have a bona fide (good faith) belief that the use by Twistcode is with no authorization under the law, by the proprietor, owner or authorized agent of the Intellectual Property and the information provided herein is accurate and that you are the proprietor, owner or authorized agent of the Intellectual Property.
GRANT OF LICENSE AND RESTRICTIONS
9.5 You acknowledge and agree that this website and any necessary software used in connection with the website ("the Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Twistcode reserves all rights in the not expressly granted herein, including without limitation ownership and proprietary rights.
9.6 The Software is made available for downloading solely for use by you for your individual, non transferable, non-exclusive and non-commercial use, use in connection with Twistcode Service. The Software is made available solely for use by you in accordance with the terms of this T&C and the terms of any end user license agreement (“License Agreement”) which accompanies or is included with the Software. You may not install or use any part of the Software unless you first agree to the terms of this T&C and any License Agreement
9.7 You may not copy the Software to any other server or location for further reproduction or redistribution. You may not reverse engineer, decompile, disassemble or modify the Software, except insofar as such restriction is prohibited by law.
9.8 Any reproduction or redistribution of the Software not in accordance with this T&C and any License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
9.9 Without limiting the provisions of Section 5 above, the Software is provided "as is," and Twistcode hereby disclaims all warranties and conditions with regard to the Software, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement.
TRADEMARKS AND THIRD PARTY MATERIALS
9.10 Twistcode reserves all rights in its corporate names, service marks, logos, trade names, trademarks, websites and domain names (collectively "Marks") and nothing in this T&C grants you the license to use such Marks. Additionally, other marks which appear on this site may be marks of third parties that are not affiliated with Twistcode. Twistcode do not control or endorse the content of third party websites.
10 GENERAL
10.1 This T&C are governed by the laws of Malaysia, without reference to conflict of laws principles. Any dispute between you and Twistcode regarding this T&C will be subject to the exclusive jurisdiction of the courts located in Malaysia and you expressly waive all defenses to jurisdiction. You agree that this website shall, for the purpose of determining jurisdiction and applicable law, be deemed to have originated and been provided by Twistcode in and from Malaysia.
10.2 This T&C contain the entire understanding between the parties here to with respect to this website, and supersedes all previous oral or written agreements or understandings between you and Twistcode, and no advice or information, whether oral or written, obtained by you from this Website (whether before or after the date you accept this T&C) shall create any obligation or warranty on the part of Twistcode not expressly stated herein. You may also be subject to additional terms and conditions that may apply when you use any services offered by Twistcode, third party content or third-party software. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this T&C.
10.3 Twistcode's performance of this T&C is subject to existing laws and legal process, and nothing contained in this T&C is in derogation of Twistcode's right and obligation to comply with governmental, court and law enforcement requests or requirements relating to your use of this website or information provided to or gathered by Twistcode with respect to such use.
10.4 If any provision of this T&C is held invalid, the remainder of this T&C will continue in full force and effect, and if any provision(s) of the T&C is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. This T&C shall not be construed against any party as the principal draftsperson hereof. A printed version of this T&C and of any notice given in electronic form shall be admissible in judicial or administrative proceedings.
10.5 Twistcode's failure to insist upon or enforce strict performance of any provision of this T&C shall not be construed as a waiver of any provision or right unless acknowledged and agreed to by Twistcode in writing.
10.6 Notices to you shall not be modified, except by an express modification by Twistcode as described herein and may be made via email or regular mail or by displaying notices or links to you on this website.
10.7 Twistcode reserves the right to amend any of the provisions of this T&C from time to time. Amendments will be effective immediately upon notification on this website. Your continued use of this website and subscription to Twistcode Service will represent an agreement by you to be bound by this T&C as amended.
10.8 You may not assert any claim against Twistcode in connection with this website unless you have given Twistcode written notice of the claim within fourteen (14) days after you knew or should have known of the facts giving rise to such claim. You agree that any cause of action arising out of or related to this website must be initiated within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
10.9 Twistcode may assign its rights and duties under this T&C to any party at any time without notice to you and this T&C shall be binding upon and inure to the benefit of each party's respective permitted successors and assignees.
Should you have any questions concerning this T&C, or if you desire to contact Twistcode for further inquiries, please contact us at info@twistcode.com.