Terms & Conditions

Terms of Service

These terms of service is made between TWIGO GLOBAL DMCC, a company duly registered in Dubai Multi Commodities Centre Authority under the company registration number DMCC32393 and having its registered office at Jewellery & Gemplex, Dubai, United Arab Emirates; ("Twigo" or "we" or "us" or "our" or other similar pronouns) and you, any person whether an individual or a legal person ("you" or "your") who access the web site www.twigo.com and such other sites that are operated by Twigo from time to time (the "Website") or use or download the Twigo software or Twigo mobile applications (together the "Software") and the various Twigo services (together "Twigo Services"), you agree to be bound by these terms

PLEASE READ CAREFULLY BEFORE DOWNLOADING OR USING THE TWIGO SERVICES OR THE WEBSITE

1. ACCEPTANCE OF THE TERMS

If you do not agree to the Terms of Service, you may not activate the Twigo Services, and by using the Twigo Services, you acknowledge and agree to these Terms of Service.

Twigo may without notice renew, modify or amend the Terms of Service from time to time. If you continue to use the Twigo Services, you accept such revisions. The changes and revisions will be effective when published. Please review the Terms of Service on a regular basis.

RESTRICTIONS ON USE You expressly acknowledge and agree to use any Twigo Service solely for lawful purposes. In this respect you may not, without limitation (a) intercept or monitor, damage or modify any communication which is not intended for you, (b) send any unsolicited commercial communication, (c) use any Twigo Services in any fraudulent way, (d) submit or post to the Website or expose any third party to material which infringe any third party’s intellectual property rights or violate the rights of any third party, is offensive, defamatory, racist, pornographic, illegal, harmful to minors, indecent or otherwise, in Twigo's sole discretion, is objectionable.

If you are residing in a jurisdiction where it is prohibited by law to offer or use Internet telephony or the Twigo Services, or if you are not of legal age to form a binding agreement with Twigo you may not use the Website or the Twigo Services.

2. NO EMERGENCY CALLS

The Twigo Services are not a replacement for your ordinary mobile or fixed line telephone and does not allow you to make emergency calls to emergency services. You must make alternative communication arrangements to ensure that you can make emergency calls if needed. Twigo is not liable in any manner for such calls. In the event that, with your permission, another user uses the Twigo Services, you are responsible to inform that user that it is not possible to support or carry emergency calls with the Twigo Services.

NO SMS, MMS OR FAX MESSAGES The phone numbers provided by Twigo do not and are not intended to support messaging via SMS, MMS nor FAX except as expressly stated on the Website. SMS will be supported in future versions of Twigo and will be announced once active.

3. LICENCE Subject to your compliance with these Terms of Service, you are granted a limited, non-exclusive, non-sub licensable, non-assignable, personal, non-commercial, free of charge license (the “License”) to use the Twigo Services on a personal computer, mobile phone or other device; and personally use the Twigo Services through your individual Twigo account (the “Account”).

RESTRICTIONS ON LICENSE You may not and you agree not to modify, copy, duplicate, reproduce, license or sublicense the Twigo Services, or transfer or convey the Twigo Services or any right in it to anyone else without the prior written consent of Twigo. You also agree not to:

- Copy or distribute, publicize or exploit the Website, or any content, software, code, data or materials on or from the Website.
- copy any of the Twigo Services except to make archival or backup copies,
- modify or adapt the Twigo Services or merge it into another program,
- reverse engineer, disassemble, decompile or make any attempt to discover the source code of any of the Twigo Services, or attempt to derive the source code of, modify, or create derivative works of any of the Twigo Services
- place any the Twigo Services onto a server so that it is accessible via a public network such as the Internet, or
- Sublicense, rent, lease, sell or lend any portion of the Twigo Services.


4. TWIGO SERVICE USERNAMES AND PASSWORDS You agree to provide true, accurate, current and complete information in all fields indicated as mandatory when registering for the Twigo Services, as well as any additional information provided or any amendments made by you. As part of signing up on the Website you will choose a password code (“Password”) required for access to and use of the Twigo Services. You are responsible for all actions that take place as a result of access to or use of the Twigo Services via your Password and/or via your mobile phone (“Device”) independently of whether the access was made by yourself or by a third party using your Password and/or Device.

UNAUTHORIZED USE If you become aware of unauthorized use of the Twigo Services you must notify us immediately to suspend the Twigo Services. You are responsible for all charges to your Account with Twigo until the Twigo Services are suspended. We have the right to change your Password and Account name at any time in our sole discretion and without notice. When using the Twigo Services, you are not allowed to:

- Use vulgar, profane, offensive or obscene language.
- Post or request sexually explicit images or other offensive content.
- Exploit a minor in any way (any person under the age of 18).
- Use racially, religiously or sexually offensive language.
- Discuss illegal activity, such as how to get drugs and how to make bombs.
- Ask for or offer sexually explicit images, and/or material harmful to children.
- Harass, threaten, embarrass, or do anything else to another Twigo user that is unwanted.
- Infringe anyone else's intellectual property rights, including but not limited to any copyright, trademark, rights of publicity, or other proprietary rights.
- Impersonate or represent Twigo.
- Link to content not allowed on Twigo.com.
- Try and get a Twigo member's password or other account information.
- Post or request personal or other information from a minor.

SUBMISSION OF INFORMATION TO TWIGO In the course of using the Twigo Service, users may provide information about themselves, which may be visible to certain other users (see the Privacy Policy to learn more about information collected on this Website). You understand that by posting materials or information on the Website or otherwise providing feedback and/or suggestions to Twigo you are granting Twigo a royalty-free, worldwide, transferable, sub-licensable, perpetual, irrevocable license to use this information in the course of offering the Twigo Services. Furthermore, you understand that Twigo retains the right to reformat, excerpt, or translate any materials submitted by you.

DISCLOSURE OF INFORMATION TTwigo reserves the right at all times to disclose any information as Twigo deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove or restrict any information or materials, in whole or in part, in Twigo's sole discretion .

SOFTWARE UPDATES Twigo may automatically check your version of the Software. Twigo has no obligation to make available any updates. However, Twigo may (a) require you to download and install updates; or (b) automatically download and install updates to your device.

NO WARRANTIES Twigo does not make any express warranty regarding the Twigo Services and disclaim any implied warranty, including any warranty of merchantability, satisfactory quality, or fitness for a particular purpose. Twigo cannot guarantee that the Twigo Services will always function without disruptions, delay or other imperfections and Twigo may choose not to provide service to countries or calling areas at its sole discretion. Since the Twigo Services will be transmitted through public Internet lines and the public switched telephone network, you acknowledge that there may be power outages or Internet service disruption and you may experience some disruptions in the Twigo Services, e.g. packet loss and delay. Additionally, you also understand that calls, SMS, etc. to or from the public switched telephone network are not encrypted and as such, could be potentially subject to eavesdropping by law enforcement officials or other third parties over the public Internet. Twigo will not be liable for any disruption, delays, eavesdropping or other omissions in the Twigo Services.

SUSPENSION AND INTERRUPTION Twigo is entitled, without any liability, to refuse, restrict, limit, suspend and/or interfere or interrupt the Twigo Services or any part thereof, without any notice to you for the repair, improvement, and/or upgrade of the Twigo Services or for any of the reasons for termination set forth below in these Terms of Service. In addition, Twigo may prevent, at any time, in its sole discretion and without advance notice, use of the Twigo Services for any reason, including but not limited to, fraudulent calling patterns, excessive usage, billing irregularities, unlawful use, or misuse of service promotions or campaigns (including but not limited to the use of such promotions or campaigns in a fraudulent or abusive manner of for such purpose). In addition, Twigo reserves the right to block personal calls to individual numbers, groups of numbers or certain countries either permanently or temporarily.

COMMUNICATION The content of the communication is entirely the responsibility of the person from whom such content originated. You, therefore, may be exposed to content that is offensive, harmful, indecent or otherwise objectionable. Twigo will not be liable for any type of communication spread by means of the Twigo Services.

PHONE NUMBERS PROVIDED BY TWIGO You expressly acknowledges and agrees that any phone number(s) provided to you by Twigo are shared by multiple end-users. This means, without limitation, that you may not port-out any such Twigo phone number to any third party.

INTELLECTUAL PROPERTY RIGHTS All copyright, trademarks, patents and other intellectual property rights in any material or content (including without limitation software, data, applications, information, text, photographs, music, sound, videos, graphics, logos, symbols, artwork and other material or moving images) contained in or accessible via the Twigo Services or the Website is either owned by Twigo or has been licensed to Twigo by the rights owner(s) for use as part of the Twigo Services. All rights are expressly reserved. Furthermore, Twigo has the right to remove any materials posted to the Website in its sole discretion.

5. PAYMENT, RATES AND ACCOUNTS

PAYMENTIn order to purchase credits for the Twigo Services and to charge your Account you shall pay Twigo the rates as stated on the Website. Payments are either made manually by you or through the automatic recharge function activated by you. The automatic recharge function means that when your Account balance is below a certain level, your Account will be automatically recharged with a certain pre-selected amount.
RATES Twigo may change the rates for calling phones at any time without notice to you by posting such change. The new rate will apply to your next phone call after the new rates have been published. Please check the latest rates before you make your call. If you do not accept the new rates, do not make your call. You agree that by continuing to use the Twigo Services, following the adjustments of the rates, you accept such adjustments.

CALLING WITH TWIGO CREDIT The charges payable for calling landlines and mobile phones outside of the Twigo community consist of a per-minute rate as set on the Website. All calls will be disconnected and require a re-dial after a 2-hour duration.

DURATION OF A CALL The duration of a call shall be based on one-minute increments. Fractions of minutes will be rounded up to the next minute. At the end of a call, fractional cent charges will be rounded up to the nearest whole cent. During the call, charges incurred will be deducted automatically from the Twigo credit balance in your Account.

OTHER TWIGO FEATURES The charges for other Twigo features or products will be confirmed to you before you complete a purchase from Twigo. Twigo may change the prices of such products at any time without any notice to you. You can choose whether or not to accept the new charges prior to completing your next purchase of the applicable product. The new prices will apply to your next purchase after the new prices have been published.

ACCOUNT AND RECEIPT Twigo may provide an account history on the Website that includes information about your Account activity, payments, calling history during a limited period, and your current Account balance (“Account History”), which may change from time to time, and an e-mail receipt upon pre-payment for the Twigo Services. The Account History is the only statement of your Account that Twigo will provide to you. IT IS YOUR RESPONSIBILITY TO PRINT OR SAVE A COPY OF YOUR CALL SHEET AND YOUR RECEIPT AND TO RETAIN COPIES FOR YOUR RECORDS. Twigo will use commercially reasonable efforts to correct any technical failures relating to the Account History within a reasonable time. However, your inability to view the Account History does not extend, or relieve you of, your obligation to pay any amounts owing to Twigo.

EXPIRATION OF CREDITS Never expires.

6. TERMINATION AND CANCELLATION The License is effective until terminated by you or us. You may terminate your relationship with Twigo at any time. You can request that Twigo delete your Account. Twigo has the right to terminate your rights under this License without notice if you fail to comply with any terms of this License. Upon termination of the License, you shall cease all use of the Twigo Services.

TWIGO SERVICE TERMINATION Twigo has the right to terminate its relationship with you, or may terminate or suspend, without notice to you, the Terms of Service and/or your use the Twigo Services at any time:

- if you are in breach of the terms of this License;
- if you are subject to any proceeding under bankruptcy, insolvency, liquidation or similar laws, you will be in default;
- if Twigo reasonably suspects that you are using any of the Twigo Services to break the law or infringe third party rights;
- if Twigo reasonably suspects that you are trying to unfairly exploit or misuse any of our policies;
- if Twigo reasonably suspects that you are using any of our Twigo Services fraudulently or that your "User Account" is being used by a third party fraudulently;
- if you have purchased Twigo credit from an unauthorized reseller;
- immediately, if required due to a change in laws/regulation by a regulator or authority with a lawful mandate in any particular territory, or by any of Twigo's partners;


Twigo shall effect such termination by preventing your access to the Twigo Services, where applicable. We reserve the right to cancel Accounts that have been inactive for more than one (1) year.

CANCELLATION OF YOUR TWIGO SERVICES You may cancel the Twigo Services at any time. Unless otherwise stated herein, all Twigo Services will be cancelled from the Site or within 5 days of receipt of written notice from you to support@twigo.com.

7. MISCELLANEOUS

LINKS TO OTHER WEBSITES From time to time, the Website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).

DISCLAIMER OF WARRANTIES You expressly acknowledge and agree that use of the Twigo Services, including the Website and Software is at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is with you. To the maximum extent permitted by applicable law, the Twigo Services are provided "as is" and "as available", with all faults and without warranty of any kind, and we hereby disclaim all warranties and conditions with respect to the service, either express, implied or statutory, including, but not limited to, the implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, and non-infringement of third party rights. We do not warrant against interference with your enjoyment of the service or that the service will be uninterrupted or error-free, or that defects in the service will be corrected. No oral or written information or advice given by us shall create a warranty. Should the service cause any defects, you assume the entire cost of all necessary servicing, repair or correction.

LIMITATION OF LIABILITY TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL WE BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event shall our total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of ten dollars ($10.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose. This paragraph shall survive termination of the Terms of Service.

ASSIGNMENT We may assign all or part of the Terms of Service without such assignment being considered change to the Terms of Service, and without notice to you. We are then released from all liability. You may not assign the Terms of Service without our prior written approval.

INDEMNITY You agree to indemnify and hold Twigo and its subsidiaries, affiliates, officers, agents or other partners, and employees, harmless from any claim or demand, including without limitation attorneys' fees, made by any third party due to or arising out of your (a) use of the Website or the Twigo Services including without limitation posting and submitting of any material, (b) connection to the Site or the Twigo Services, (c) violation of the Terms of Service, or (d) violation of any rights of another person or entity.

TRANSLATION The original English version of the Terms of Service may have been translated into other languages. In the event of inconsistency or discrepancy between the English version and any other language version, the English language version shall prevail.

APPLICABLE LAW AND COMPETENT COURT

The Terms of Service shall be governed by and construed in accordance with the laws of England without giving effect to the conflict of laws or your actual state or country of residence. Any legal proceedings arising out of or relating to the Terms of Service or your relationship with Twigo will be exclusively subject to the jurisdiction of the courts of London.

ENTIRE AGREEMENT

These Terms of Service represent the entire agreement between you and us and supersedes all prior offers, contracts, agreements and representations. The Terms of Service supersede all promises made to you by our client services agents, representatives or employees. If any provision of the Terms of Service is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect.

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