We supply the services as referred to on www.twiends.com (‘our site’) to you. You must understand that when joining our site and by ordering any of our services, you agree to be bound by these Terms. We recommend that you print a copy of these Terms for future reference.
Please understand that if you refuse to accept these Terms, you will not be able to use this site or our services.
For any queries concerning our website please visit the rules & ethics pages, contact us via our support page, or you can also email us at: email@example.com
1. Our information
We operate and own the website www.twiends.com. We are Webcandy Limited (‘We’/‘Us’/‘Webcandy’) a company registered in England and Wales under company number 07024033 and with our registered office at Parfitts Farm, Chequers Lane, Eversley, Hampshire, RG27 0NR, United Kingdom. Our VAT number is GB110233681.
2. Our services & contact information
There are a few simple steps that you need to be aware of before you use our services:
2.1 Before you can use our Services you need to register (for free) on our site. On registration you may provide a username and password, keep this safe at all times and do not disclose it to anybody;
2.2 Once you have submitted your registration request you will receive an e-mail from us acknowledging that we have received your personal information and setting out your account status.
2.3 Our Services are listed on our site. If you wish to order our Services then you must follow the instructions on our site to order our Services. Your order constitutes an offer to us to subscribe to our Services.
2.4 All offers for our Services are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Services will be supplied (confirmation email). The contract between us (Contract) will only be formed when we send you the confirmation email. The Contract will relate only to those Services we have confirmed in the confirmation email. We will not be obliged to supply any other Services which may have been part of your order until the supply of the Services has been confirmed in a separate confirmation email.
2.5 When using twiends you agree to obey all the rules of the Website. You acknowledge that these rules may change over time and that you will obey their most current form. We want to make special mention of the following rules:
i. You must not buy or sell twiends accounts.
ii. You must not buy or sell seeds from an external party.
iii. You must not use bots, auto-clickers, our external scripts on the Website.
3. Price & payment
We don't charge for the Service, although you may purchase extra seeds if you wish. We use the seed mechanism to create an incentive for people to check each other out. Currently this mechanism deducts a seed during each follow. This is to stop the system from inflating with ever increasing seeds and creates a healthy flow of seeds between Users. We reserve the right to make changes to the seed mechanism as required to maintain it's healthy functioning.
The price of the Seeds will be as quoted on our site, except in cases of obvious error. All prices quoted on our payment page do not include VAT. VAT at the standard rate of 20% will be applied to purchases made from the UK and all other EU countries.
Recurring payments will occur if a subscription package is selected when purchasing, and if it is authorized on PayPal checkout. These recurring payments will automatically be billed each week until they are cancelled by you.
They may be cancelled directly on PayPal or by contacting Twiends directly.
4. Refund Policy
We offer a 100% refund option for your initial purchase. If you are not happy with the service provided you may contact us within 7 days of making the purchase and we will refund your payment.
This provides you with a risk free way to trial our services.
Refunds are only available for the first purchase you make with us, and not subsequent purchases. If you make multiple purchases then only the first purchase is eligible for a refund. This is to protect us against fraud.
Once a refund has been made, further purchases will not be eligible for refunds.
We warrant to you that the Services purchased from us through our site will, be reasonably fit for all the purposes for which we claim on our site.
We have built a system that creates an incentive for people to check each other out. We will not accept any abuse of the Service and will suspend an Account found to be doing so. We track certain events, such as aggressive follower churning, and will suspend an Account if we suspect foul-play.
We offer no guarantees as to how much your social network will grow through this Service. We ask that when you follow someone you honestly check them out and decide if they're someone you find interesting. That is the spirit in which this site has been built. This creates a healthy System for finding interesting new people to follow, and gives you time to see whether their tweets are interesting to you.
Any accounts that are suspended by Twitter will not be allowed to use the site. We observe all of Twitter's terms of service and we expect our members to as well. We must point out however that we are in no way affiliated with Twitter, Facebook or YouTube. We connect to their API and that is all. We have taken great care to observe their security best practices and use OAuth to authenticate with them.
6. Our liability
To the fullest extent permitted by English law we will not be liable for losses that result from our failure to comply with these Terms this includes but is not limited to;
i. loss of income or revenue;
ii. loss of business;
iii. loss of profits;
iv. loss of anticipated savings;
v. loss of data; or
Nothing in this agreement excludes or limits our liability for:
vii. death or personal injury caused by our negligence;
viii. fraud or fraudulent misrepresentation;
ix. any breach of the obligations implied by section 12 of the Sale of Goods Act 1979;
x. defective products under the Consumer Protection Act 1987; or
xi. any deliberate breaches of these terms and conditions that would entitle you to terminate the Contract; or
xii. any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
7. Written communications
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
By signing up you're opting in to receive basic system emails notifying you of your Account status. You may opt-out of receiving these emails at any time by going to your settings and turning off notification emails.
You may also delist yourself from the site at any time in the same settings screen. If you wish to close your Account you can do this by emailing us at any time.
All notices given by you to us must be given to us via post at the above address or via email to firstname.lastname@example.org. We may give notice to you at either the e-mail or postal address you provide to us when subscribing. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
9. Transfer of rights & obligations
The Contract between you and us is binding on you and us and on our respective successors and assignees. You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent. We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
10. Events outside our control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
i. strikes, lock-outs or other industrial action;
ii. civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
iii. fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
iv. impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
v. impossibility of the use of public or private telecommunications networks; and
vi. the acts, decrees, legislation, regulations or restrictions of any government.
Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
In line with the Consumer Protection (Distance Selling) Regulations 2000 we are obliged to tell you that on the basis that performance of the Services occurs imminently on sending of the Confirmation Email that there is no cooling off (cancellation) period.
If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
If any of these Terms or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
14. Entire agreement
These Terms and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any contract. We each acknowledge that, in entering into a Contract, neither of us relies on, or will have any remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in these Terms or the documents referred to in them. Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract.
15. Our right to vary these terms & conditions
We have the right to revise and amend these Terms from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities. You will be subject to the policies and Terms in force at the time that you order Services from us, unless any change to these Terms are required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to these Terms before we send you the Confirmation Email (in which case we have the right to assume that you have accepted the change to the terms and conditions).
16. Age Restrictions
Persons under the age of 18 should use the Website only with the supervision of an adult.
17. Intellectual property notice
We are Webcandy Limited (‘We’/‘Us’/‘Webcandy’) and we are the owner of all intellectual property rights in http://www.twiends.com (‘our Site’), and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others within your organisation to material posted on our site.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.
You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
© 2011 Webcandy Limited
The website, its look and feel, unregistered designs, literary and artistic works are owned exclusively by Webcandy Limited. Any copying will be vigorously pursued by our Solicitors, http://www.lawdit.co.uk/
18. Fair Use of Intellectual Property
Some material from the Website may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.
The trade marks and logos ('the Trade Marks') used and displayed on this Site are registered and unregistered trademarks of Webcandy Limited.
You may not use this material in any advertising or other publicity materials in relation to the distribution of any information or materials obtained from our website without our prior written consent owner.
TWIENDS is a trade mark of Webcandy Limited
20. Prohibited Uses
You may use our Site and Services only for lawful purposes. You may not use our Site or Services:
In any way that breaches any applicable local, national or international law or regulation.
In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect, including but not limited to anything which is deemed abusive, offensive, anti-social, racist, distressing, harmful, threatening, defamatory or infringes any third party’s intellectual property rights.
For the purpose of harming or attempting to harm minors in any way.
To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree:
Not to reproduce, duplicate, copy or re-sell any part of our Site or Services in contravention of the provisions of our Terms.
Not to access without authority, interfere with, damage or disrupt in any way:
any part of our Site or Services;
any equipment or network on which our Site is stored or our Services run on;
any software used in the provision of our Site or Services; or
any equipment or network or software owned or used by any third party.
21. Law & jurisdiction
Any dispute or claim arising out of or in connection with the Service (including non-contractual disputes or claims) or our site will be governed by English law. Any dispute or claim arising out of or in connection with the Service (including non-contractual disputes or claims) or our site will be subject to the exclusive jurisdiction of the courts of England and Wales.
22. Changes to this policy
We may revise this policy at any time by amending the same on our Site. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this acceptable use policy may also be superseded by provisions or notices published elsewhere on our Site.
23. Suspension and Termination
We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of our site. When a breach of this policy has occurred, we may take such action as we deem appropriate.
Failure to comply with this acceptable use policy constitutes a material breach of the Terms upon which you are permitted to use our Site and Services, and may result in our taking all or any of the following actions:
Immediate, temporary or permanent withdrawal of your right to use our Site and / or Services.
Immediate, temporary or permanent removal of any posting or material uploaded by you to our Site and / or Services.
Issue of a warning to you.
Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
Further legal action against you.
Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
24. Security Statement
The Data Protection Act 1998 and the Information Commissioner requires all Data Controllers to take the issue of security very seriously.
This is the Security Statement of Webcandy Limited.
1. We have a management and corporate commitment to information security within the organisation and provide clear direction, guidance and responsibilities and procedures in this respect.
2. The company has a compliance officer who deals with security of information and personal data.
3. All employees are briefed on the importance of personal data and security and confidentiality of information obtained.
4. We control physical security in relation to the information and personal data that is contained at our facilities and restrict access to the site, buildings, computer rooms, office desk, technology areas, equipment and other facilities where unauthorised access by people could compromise our security.
5. All proprietary or confidential information, including personal data, is contained or stored on computer and any that is contained and stored on manual files are locked up and secure.
6. We seek to control access to information and personal data, including existing procedures for authorising and authenticating users as well as software controls for restricting access and techniques for protecting data such as encryption.
7. We do store your credit card information but only for the purposes of processing your details.
8. We monitor and log access so as to assist in detection and investigation of security breaches and any attempted breaches where they occur.
9. We maintain a business continuity plan as a contingency plan which identifies our business functions and assets (including personal data) which would need to be maintained in the event of disaster and set out the procedures for protecting and restoring them if necessary.
10. Our staff are trained on security systems and we have relevant procedures in place in relation to the obligations under the Data Protection Act 1998. Accordingly staff are aware of information security issues and they can go to the compliance officer with any issues relating to the Data Protection Act, Privacy or personal data. From time to time we endeavour to provide external speakers or representatives of relevant bodies to carry out training or to deliver seminars on the relevant subject.
11. In respect of detection and investigation of breaches where they occur, we have in place relevant controls which should alert us to a breach in security. We endeavour to investigate every breach of security.
12. We are taking and will endeavour to continue to take all reasonable steps in order to protect our information and all personal data. However, the Company cannot guarantee the security of any personal information or data disclosed to it or collected by it.
With all those nasties out of the way ;-), we're pleased to welcome you to our site. We have many exciting new features planned for helping you build your social networking community.