TweedleWink Terms and Conditions

Last Updated: 1 April 2023

Please read these Terms and Conditions ("Terms") carefully before using the TweedleWink Australia website and services (collectively, the "Services") operated by TweedleWink Australia ("us", "we", or "our").

• Acceptance of Terms

By accessing or using the Services, you agree to be bound by these Terms. If you disagree with any part of the Terms, you must not access or use the Services.

• Eligibility

To use the Services, you must be at least 18 years old and have the legal capacity to enter into a binding agreement. By using the Services, you represent and warrant that you meet these requirements.

• Account Registration

You may be required to register for an account to access certain features of the Services. You agree to provide accurate, current, and complete information during the registration process and to update such information as necessary. You are responsible for maintaining the confidentiality of your account password and for any activities that occur under your account. You agree to notify us immediately if you suspect any unauthorized access to or use of your account.

• Use of the Services

You agree to use the Services only for lawful purposes and in accordance with these Terms. You may not use the Services in any way that:

• Violates any applicable laws or regulations;
• Infringes on the rights of any third party, including intellectual property rights, privacy rights, or contractual rights;
• Harasses, threatens, or defames any person or entity;
• Impersonates any person or entity, or misrepresents your affiliation with any person or entity;
• Engages in fraudulent, misleading, or deceptive conduct;
• Introduces viruses, malware, or other harmful software to the Services;
• Attempts to gain unauthorized access to the Services, other users' accounts, or our systems or networks.

• User Content

You are solely responsible for any content that you submit, post, or otherwise make available through the Services ("User Content"). By submitting, posting, or otherwise making available User Content, you represent and warrant that you own or have the necessary rights to use and share the User Content.

You grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your User Content in connection with the Services and our business.

We reserve the right, but are not obligated, to review, remove, or modify any User Content at our sole discretion.

• Third-Party Services

Our Services may contain links to third-party websites or services that are not owned or controlled by TweedleWink Australia. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that TweedleWink Australia is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any such third-party content, goods, or services.

• Intellectual Property

The Services and all related content, features, and functionality (including, but not limited to, all information, software, text, displays, images, video, and audio) are owned by TweedleWink Australia, its licensors, or other providers of such material and are protected by Australian and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

• Limitation of Liability

In no event shall TweedleWink Australia, its directors, officers, employees, agents, or partners be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:

• Your access to or use of, or inability to access or use, the Services;
• Any conduct or content of any third party on the Services, including without limitation, any defamatory, offensive, or illegal conduct of other users or third parties;
• Any content obtained from the Services; or
• Unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

• Indemnification

You agree to defend, indemnify, and hold harmless TweedleWink Australia, its directors, officers, employees, agents, and partners from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including, but not limited to, attorney's fees) arising from:

• Your use of and access to the Services;
• Your violation of any term of these Terms;
• Your violation of any third-party rights, including without limitation any copyright, property, or privacy right; or
• Any claim that your User Content caused damage to a third party.

• Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of New South Wales, Australia, without regard to its conflict of law provisions.

• Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. We will provide notice of any changes by posting the new Terms on our website. By continuing to access or use our Services after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Services.

• Contact Us

If you have any questions about these Terms, please contact us at support@tweedlewink.com.au