Terms of Service Overview
Below is an overview of the Terms of Service for our “Platform”, which means any website, application, or service we offer from Twig88.com, which is a product of NodeRight Sdn Bhd. You should read the complete Terms of Service because that document (and not this overview) is our legally binding agreement. The Terms of Service includes information about your legal rights and covers areas such as automatic subscription renewals, limitations of liability, resolution of disputes by mandatory arbitration rather than a judge or jury in a court of law, and a class action waiver.
Agreement
- By using our Platform, you are agreeing to our Terms of Service. The Terms of Service are a legally binding agreement between you and Twig88 (A Product of Noderight Sdn Bhd).
- If you break the rules, we may suspend or terminate your account and there will not be any refunds.
- We charge for certain aspects of our Platform, and some of these fees are billed on a regular and recurring basis (unless you disable auto-renewal or cancel your subscription).
Your Content and Content of Others
- You are responsible for your “Content”, which means any information, material, or other content posted to our Platform. Your Content must comply with our Terms of Service, which includes the Usage and Content Policies, Groups and Events Policies, Organizer and Leadership Standards, Member Restrictions, Payment Policies, and Trademark Usage Guidelines. Your Content is also subject to our Intellectual Property Dispute Policies.
- We do not own the Content that you post. However, we do require that you provide us a license to use this Content in order for us to operate, improve, promote, and protect Twig88.com and our Platform for the benefit of you and others.
- We are not responsible for Content that members post or the communications that members send using our Platform. We generally don’t review Content before it’s posted. If you see Content that violates our Terms of Service, you may report inappropriate Content to us.
Our Platform
- We try hard to make sure that our Platform is always available and working, but we cannot guarantee it will be, because server may go down. Occasionally things may not go exactly as planned. We apologize in advance for any inconvenience.
- We are continually improving our Platform. This means that we may modify or discontinue portions of our Platform.
- By using our Platform, you agree to the limitations of liability and release in our Terms of Service. You also agree to resolve any disputes you may have with us in the manner described in the Terms of Service.
- You may be based in a country where the laws that apply provide for different or additional rights and obligations. These Terms of Service will point out areas of difference.
Terms of Service
Our Terms of Service contain important information about your legal rights.
- This Agreement
Summary: You agree to follow some basic rules when using Twig88.com Platform. These rules are described in these Terms of Service, including the related policies and guidelines discussed below. We may change these rules from time to time.
- The Agreement. Twig88.com is a Platform which enables you and your company to refer and to be refer from people who register with our Platform. Fees are charged according to the number of people that you appoint to be your referrer. You have full control to the type of referrer person which it is your responsibility to approve or reject those referrer. Twig88.com has no control on the type of referrer which you may appoint, therefore you will forfeit all dispute charges on Twig88.com (NodeRight sdn bhd ) you may have between you and the referrer, however Noderight Sdn Bhd will assist if possible in any dispute. The terms “Twig88.com,” “we,” “us,” and “our” include Noderight Sdn Bhd and our corporate parent, affiliates, or subsidiaries. We use the terms “you”, “your”, “User” to mean any person using our Platform, and any organization or person using the Platform on an organization’s behalf. We use the word “Platform” to mean any website, application, or service offered by Twig88.com, including content we offer and electronic communications we send. We use the word “Referrer” to mean person who the User appoints to be their referrer. We provide our Platform to you subject to these Terms of Service. We use the terms “Terms of Service” and “Agreement” interchangeably to mean this document together with our Usage and Content Policies, Groups and Events Policies, Organizer and Leadership Standards, Member Restrictions, Payment Policies, and Trademark Usage Guidelines. Your use of the Platform signifies that you agree to this Agreement. If you are using the Platform for an organization, you agree to this Agreement on behalf of that organization, and represent you have authority to bind that organization to the terms contained in this Agreement. If you do not or are unable to agree to this Agreement, do not use our Platform.
These Terms of Service are an agreement between you and Twig88.com and not between you and any other member.
- Revisions/Changes to this Agreement. We may modify this Agreement from time to time. When we do, we will provide notice to you by publishing the most current version and revising the date at the top of this page. If we make any material change to this Agreement, we will provide additional notice to you, such as by sending you an email or displaying a prominent notice on our Platform. By continuing to use the Platform after any changes come into effect, you agree to the revised Agreement. If you do not wish to accept the revised Agreement, you can close your account or discontinue using our Platform
- Membership and Account
You need to be at least 18 years old to use our Platform. Twig88.com organizers control the Content which your provided in Twig88.com. However, we may remove any Content you post or terminate your account at any time.
- Eligibility. Our Platform is available to anyone who is at least 18 years old. You represent that you are at least 18. Additional eligibility requirements for a particular portion of our Platform may be set by any member who has the ability to moderate or manage that portion of our Platform. You may register into the platform as a company account or as an individual personal account. However, after the registration, to receive referrals you would need upload documents which is in the Platform to prove your business exist. Fail to do so Twig88.com has the right to delete the account and there will not be any refund.
- Modification, Suspension, and Termination of Your Account. We may modify, suspend, or terminate your account or access to the Platform if, in our sole discretion, we determine that you have violated this Agreement, including any of the policies or guidelines that are part of this Agreement, that it is in the best interest of the Twig88.com community, or to protect our brand or Platform. When this happens, we will notify you of the reasons for the modification, suspension, or termination. We also may remove accounts of members who are inactive for an extended period of time. Please email [email protected] if you believe the modification, suspension, or termination has occurred in error.
A member who has the ability to moderate or manage a particular portion of our Platform also has the ability, in his or her sole discretion, to modify, suspend, or terminate your access to that portion of the Platform.
- Account Information and Security. When you register, you provide us with some basic information, including an email address and a password. Keep your email address and other account information current and accurate. Also, you agree to maintain the security and confidentiality of your password (or else we may need to disable your account). We strongly encourage you to choose a strong and unique password that is not shared with any other account or online service and practice other healthy password security habits to help avoid unauthorized access to your account. You alone are responsible for anything that happens from your failure to maintain that security and confidentiality, such as by sharing your account credentials with others. If someone is using your password or accessing your account without your permission, you can contact us at [email protected]. NodeRight Sdn Bhd is registered with the Data Protection Act, therefore all your data placed in the Platform will be protected.
- License to Twig88.com Platform and Services. Subject to your compliance with this Agreement, Twig88.com grants you a limited, non-exclusive, revocable, non-sublicensable, non-transferable right to use the Platform in order to access and use the services and features that we make available to you.
- Fees, Payments, and Offers
We charge for certain features on our Platform. There are some free features and paid features on our Platform. If you’re using the paid version, you’re responsible for paying Twig88.com the amount stated on the Platform. These fees are billed on a regular and recurring basis (unless you disable auto-renewal or cancel your subscription), and may change in the future.
Additionally, you will pay the Referrer whom you appoint as your referrer partners the fees you agreed upon. This can be amended to your liking; however, you are responsible to take the action to agree with your referrer as any changes you make for their payout. In no circumstances that you or the Referrer should take any legal action or whatsoever on Twig88.com for your dispute between you and your Referrer. Twig88.com has the right to suspend you or the Referrer Account if this was to happen.
- Fees Charged by Twig88.com. Use of some of the features on our Platform is free, and we charge fees for other features or upgrades. We may in the future implement a new fee, or modify an existing fee, for certain current or future features of our Platform. If we implement a new or modified fee, we will give you notice in advance such as by posting changes on our Platform or sending you an email. You agree to pay those fees and any associated taxes for your continued use of the applicable service. Unless otherwise stated, all fees and all transactions are in U.S. dollars. Do understand that on top of the total fee that there will be a tax of 6% charge due to Malaysian government tax, this is because Twig88 is a product of Noderight Sdn Bhd which is in cooperated in Malaysia. A 6% charge will be imposed together with the total cost.
- Payout by User to Referrer. You are responsible to pay to the Referrer whom which you have appointed. You and the Referrer agree to your terms of the payout after the job has been done and you have received the payment.
- Payments to Twig88.com. You are responsible for paying subscription and any other applicable fees to Tiwg88.com on time and through our approved payment methods. You may only pay fees to us using a valid payment method acceptable to us, as specified via the Platform. If we terminate, suspend, or remove your account in connection with violation of this Agreement, we are not obligated to refund any organizer subscription fees paid to Twig88.com.
You represent and warrant that you are authorized to use the payment method you designate via the Platform. You authorize us (and our designated third-party payment processors) to charge your designated payment method for the total amount of any fees you owe to Twig88.com, including any applicable taxes and other charges. If the payment method cannot be verified, is invalid, or is otherwise not acceptable to us, your payment may be suspended or cancelled. We reserve the right to adjust, or to instruct our payment processors to make adjustments to a payment that has already been requested or received, in order to correct errors or mistakes, or to issue refunds.
- Automatic Subscription Renewals. Fees for certain aspects of our Platform may be billed on either a recurring basis, on a one-time basis, or annual basis. If billed on a recurring basis, the fees are payable in advance of the applicable period specified via the Platform with no refunds. We will automatically bill you for each renewal period until cancellation. By purchasing any feature or other aspect of our Platform for which we charge, you authorize us to keep your payment current by charging the applicable fee to your credit card account (or any other means of payment used by you).
- Free Trials. We may offer free trials of subscriptions and other products on our Platform. We will inform you of the length of the free trial, your renewal period, and the date and amount of your first payment. After your free trial ends, your paid subscription will begin and we will automatically bill you for each renewal period until cancellation. You can cancel automatic subscription renewals at any time according to the terms and procedures described above.
- Your Content and Privacy
Summary: You are responsible for the Content you post on our Platform or send to us. You give us a license to use this Content to operate, improve, promote, and protect Noderight Sdn Bhd and our Platform. We are register on the Data Protection Act so the information we collect from you will be protected.
- Your Content. You are responsible for the Content that you post to the Platform or otherwise provide to Twig88.com. We use the word “Content” to mean the information, material, and any other content that you post to the Platform or otherwise send to us. Examples of your Content include:
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The material that you and members typically post to the Platform, such as information about your company, files written or even uploaded into Twig88.com, text and images.
- All feedback, suggestions, and other communications that you send or direct to Twig88.com.
By being responsible for your Content, you agree, among other things, that:
- You have all the permissions, rights, and licenses needed (including under copyrights, trademarks, contract rights, privacy rights, or publicity rights) to provide the Content to the Platform and to Twig88.com;
- Your Content does not include personal, private or confidential information belonging to others; and
- Your Content does not otherwise violate the rights of any individual or entity.
You agree that you are responsible for the content that you place in Twig88.com and that those responsibility is under you, which if any dispute due to the content that you violated you will not take any legal action on Twig88.com. If any third party to have any dispute it would be between you and the third party.
- Content License from You. We do not claim ownership of your Content. However, to enable us to operate, improve, promote, and protect Twig88.com and our Platform, and to ensure we do not violate any rights you may have in your Content, you hereby grant Twig88.com a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable, transferable right and license (including a waiver of any moral rights) to use, host, store, reproduce, modify, publish, publicly display, publicly perform, distribute, and create derivative works of, your Content and to commercialize and exploit the copyright, trademark, publicity, and database rights you have in your Content. This license would permit your Content to remain on the Platform, even after you cease to be a member of a Twig88.com group or of the Platform.
- This license doesn’t give us ownership of any of your Content. It simply gives us and members the right to use it on or related to the Platform. This license continues even if you close your account, because it’s necessary for us to operate the Platform.
- Privacy. Twig88.com collects registration and other information about you through our Platform. All these data are protected by the Data protection Act.
Twig88.com has no control over how other user may use information that you provide to them, so you should exercise common sense and good judgment when sharing information with others on our Platform.
- Your Use of Our Platform
We require that you follow our policies and guidelines when using our Platform. We have no responsibility for Content that anyone posts to our Platform.
- Our Policies, Guidelines and Applicable Laws.
When you use our Platform your access to and use of some areas or features of the Platform may be subject to additional terms, policies, standards or guidelines (“Additional Terms”). You may be required to accept these Additional Terms if any before you can access these Platform areas and features. If there is a conflict between the Terms of Service and the Additional Terms, those Additional Terms will govern your access to and use of that Platform area or feature, unless otherwise specified in the Additional Terms.
When the Platform uses third party services to provide certain features and services for our members, our users may be required to comply with the terms of service that apply to these features and services.
If you do not comply, we may modify, suspend, or terminate your account or access to the Platform, in our sole discretion, and we will provide you with reasons for the modification, suspension, or termination. Please email [email protected] if you believe the modification, suspension, or termination has occurred in error.
- Content of Others. Twig88.com does not control the Content of other users. When we become aware of inappropriate Content on our Platform, we reserve the right to investigate and take appropriate action, but we do not have any obligation to monitor, nor do we take responsibility for, the Content of other users.
- Interactions with Others. Twig88.com is not a party to any offline arrangements made through our Platform. Twig88.com does not conduct or require background checks on members and does not attempt to verify the truth or accuracy of statements made by members. Twig88.com makes no representations or warranties concerning the conduct or Content of any members or their interactions with you.
Prohibited Uses of the Platform. Our Platform contains proprietary and confidential information and is protected by intellectual property and other laws. Unless we expressly permit it through this Agreement, you agree that you will not, either directly or indirectly (a) use, host, store, reproduce, modify, publish, publicly display, publicly perform, distribute, or create derivative works of the Platform, or any portion of the Platform; (b) remove or alter the proprietary notices on the Platform; (c) reverse engineer, disassemble, decompile, or attempt to discover the source code or structure, sequence, and organization of the Platform; and (d) rent, lease, resell, distribute, or use the Platform for commercial purposes that are not contemplated by this Agreement. You also agree that you will not use the Platform to solicit or collect (i) personal data from others except as necessary for the administration of or participation in a group or event or (ii) sensitive personal data, as defined or treated as such under applicable law (including, by way of example only, health information and social security numbers and other government identifiers). In addition, you agree that you will comply with the export control laws of your local jurisdiction.
- Platform Safety and Security. You agree that you will not, either directly or indirectly, (a) extract data from the Platform for a commercial purpose not permitted by these Terms of Service, whether through use of an automated system or software, and whether operated by a third party or otherwise (“screen scraping,” “data scraping,” or “web scraping”); (b) engage in any activity that interferes with or disrupts, that is designed to interfere with or disrupt, or imposes undue burdens on the Platform or its systems.
You agree to use, retain, and otherwise process personal data collected from the Platform in accordance with applicable laws, rules, and regulations and solely for purposes of administering and participating in your referrer. Without limitation, you agree to provide notice to individuals about your processing of their personal data, to obtain any necessary consents, and to respond to requests made by individuals as required by applicable law. You also agree to safeguard such data from unauthorized access or processing.
- Platform Modifications. We work hard to continuously improve our Platform. This means that we may modify or discontinue portions or all of our Platform with or without notice and without liability to you or any third party.
- Third Party Sites and Services. The Platform contains links to third party sites, and is integrated with various third-party services, applications and sites that may make available to you their content and products. We don’t control these third parties and aren’t responsible for those sites or services or their content or products. These third parties may have their own terms and policies, and your use of them will be governed by those terms and policies. You do not have a license to use the intellectual property of third parties merely by way of your access to our Platform.
- Release
To the full extent permitted by applicable law, you agree not to hold us responsible for anything that happens related to transactions with third parties, member interactions, or in connection with your referrer. You also agree not to hold organizers responsible for their negligence in connection with their Content.
To the full extent permitted by applicable law, you agree to release us and our officers, directors, shareholders, agents, employees, consultants, corporate parent, affiliates, subsidiaries, sponsors, and other third-party partners ( “Twig88.com Parties”) from claims, demands, and damages (direct and consequential) (“Claims”), arising out of or in any way connected with any transaction with a third party, your interactions with other users, or in connection with referrer. You also agree, to the full extent permitted by applicable law, to release organizers from Claims based on an organizer’s negligence arising out of or in any way connected with their Content other Users.
- Indemnification
To the full extent permitted by applicable law, you agree to reimburse us if we get sued in connection with your use of our Platform.
To the full extent permitted by applicable law, you agree to indemnify, defend and hold all Twig88.com Parties harmless from any Claims, made by any third party due to or arising out of (a) your violations of this Agreement, (b) your use, misuse, or abuse of our Platform, (c) your Content, (d) your violation of any law, statute, ordinance or regulation or the rights of a third party, or (e) your participation or decision in appointing your referrer that violates this Agreement. You agree to promptly notify us of any third party Claims, cooperate with all Twig88.com Parties in defending such Claims, and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys’ fees). You agree not to settle any Claim without our prior written consent.
- Warranty Disclaimer and Limitation of Liability
Our Platform is provided to you “as is” and we make no warranties of any kind with respect to our Platform.
- Warranty Disclaimer. Our Platform is provided to you “as is” and on an “as available” basis. To the full extent permitted by applicable law, we disclaim all warranties and conditions of any kind, including but not limited to statutory warranties, and the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We also disclaim any warranties regarding (a) the reliability, timeliness, accuracy, and performance of our Platform, (b) any information, advice, services, or goods obtained through or advertised on our Platform or by us, as well as for any information or advice received through any links to other websites or resources provided through our Platform, (c) the results that may be obtained from the Platform, and (d) the correction of any errors in the Platform, (e) any material or data obtained through the use of our Platform, and (f) dealings with or as the result of the presence of marketing partners or other third parties on or located through our Platform. You may have additional rights under the law of the country in which you are based. You agree that the duration of such additional rights will be limited to the full extent permitted by such law.
- Limitation of Liability. To the full extent permitted by applicable law, you agree that in no event shall any Twig88.com Parties be liable for any direct, indirect, incidental, special, or consequential damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses (even if any Twig88.com Parties have been advised of the possibility of such damages) arising out of or in connection with (a) our Platform or this Agreement or the inability to use our Platform (however arising, including our negligence), (b) statements or conduct of or transactions with any member or third party on the Platform, (c) your use of our Platform or with other users or with your referrer which you appointed , or (d) any other matter relating to the Platform. The limitations set forth above in this Section 8 will not limit or exclude liability for our gross negligence, fraud, or intentional, malicious, or reckless misconduct. Some laws do not allow the limitation or exclusion of liability, so these limits may not apply to you.
- Intellectual Property
If you use Twig88.com’s trademark, be sure to follow our Trademark Usage Guidelines. Also, don’t infringe on anyone’s intellectual property. If you believe your intellectual property is being infringed somewhere on the Twig88.com Platform, please follow the procedures in our Intellectual Property Dispute Policies.
- Intellectual Property of Twig88.com. Twig88.com trademarks, logos, service marks, and service names are the intellectual property of NodeRight Sdn Bhd. Our Trademark Usage Guidelines explain how you may and may not use them. Our Platform, including our material on the Platform, are also our or our licensors’ intellectual property. Except as described in the Trademark Usage Guidelines, you agree not to use our intellectual property without our prior written consent.
- Intellectual Property of Others. Twig88.com respects the intellectual property of others, and we expect our members or users to do the same. We may, in appropriate circumstances and in our discretion, remove or disable access to material that we believe may infringe on the intellectual property rights of others. We may also restrict or terminate access to our Platform to those who we believe to be repeat infringers. If you believe your intellectual property rights have been violated, please review our Intellectual Property Dispute Policies.
- General Terms
This section contains terms we have added for miscellaneous purposes. Please continue to read this section carefully.
- No Agency. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship between you and Twig88.com is intended or created by this Agreement. A member or user of the Twig88.com Platform is not Twig88.com's representative or agent, and may not enter into an agreement on Twig88.com’s behalf.
- Governing Law. This Agreement and the relationship between you and Twig88.com shall be governed by the laws of Malaysia.
- Assignment. This Agreement is not assignable, transferable, or sublicensable by you except with Twig88.com’s prior written consent, but may be assigned or transferred by us to our corporate parent or any affiliate or subsidiary, or in connection with a merger, acquisition, corporate reorganization, sale of all or substantially all of Twig88.com’s assets, or similar transaction.
- No Waiver. A party’s failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision and does not waive any right to act with respect to subsequent or similar breaches.
- Severance. If any provision of this Agreement is found to be invalid by a court of competent jurisdiction, you and Twig88.com nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and that the other provisions of this Agreement will remain in full force and effect.
- Thank you. Please accept our wholehearted thanks for reading our Terms of Service.
- Termination. If we terminate your account or access to our Platform, this Agreement terminates with respect to the member or user account that has been terminated.
- Violations. Please report any violations of this Agreement by a member or third party by sending an email to [email protected]