This Terms and Conditions Agreement (“Agreement”) is a legal document that explains your rights and obligations as a user of Twinku from TwinQu Solutions and Technologies Limited (the “Company”)
In this Agreement
“Account” means personified account registered in the name and with the personal details of the User and which contains details of the User’s assets, transactions and operations on the Platform. Account holders and visitors to the website are referred to collectively as “Users.”
“App”refers to the mobile application of The Company. “Content” refers to content such as texts, mages, or other information posted, uploaded, linked to or made available by Users.
“Content” refers to content such as texts, mages, or other information posted, uploaded, linked to or made available by Users.
“Feedback” means any feedback, innovations or suggestions sent by Users regarding the attributes, performance or features of the Service.
“Free Plan”refers to a limited time that may be free when purchasing a subscription through the Services.
“Subscription” refers to access to the Services which are offered to Users on a subscription basis.
“Website”refers to the website for the services rendered by The Company which can be found at twinku.co
1. INTRODUCTION AND ACCEPTANCE OF TERMS APPLICABLE TO YOU
Twinku is an online service offered by the Company that allows Users to integrate their financial assets on one platform, view their net worth at a glance and notify pre-identified next of kin/beneficiaries in the event of death or other unforeseen circumstance. Through the App, Users can track their wealth and ensure that their assets are claimed by their next of kin/beneficiaries. By accessing or using any website with an authorized link to the Website and/or App, registering an account, or accessing or using any content, information, services, features, or resources available or enabled via the Website and/or the App (collectively, the “Services”), clicking a button or taking another action to signify your acceptance of this Agreement, you:custom list style type (v2):
agree to be bound by this Agreement and any future amendments and additions to this Agreement as published through the Services;
represent that you are of legal age in your jurisdiction of residence to form a binding contract;
represent that you have the authority to enter into this Agreement personally and, if applicable, on behalf of any company, organization, or other legal entity on whose behalf you use the Services;
represent that you are not barred from using the Services under any applicable law and that you will be responsible for all activities that occur under your Account;
agree to monitor your Account, to restrict its use by minors and other unauthorized users and agree not to share your Account or password to same, with anyone;
agree to notify the Company immediately, through its authorized channels of communication as contained on the Website, of any unauthorized use of your password or any other breach of the security of your Account ;
agree to strictly observe and adhere to the security and authentication process of the Website and/or App and to exit from your Account at the end of each session;
agree not to create an account using a false identity or alias or if you previously have been barred from using any of the Services;
agree that you will not maintain more than one Account for the same Company service at any given time;
agree that access to the Website or App or certain features of the Website or App is subject to certain conditions or requirements, such as signing up for an account, completing a verification process, subscribing for the services provided and other eligibility criteria as may be determined by the Company.
agree to provide accurate, current and complete information during the registration process and keep the information on your Account up-to-date at all times. Failure to do so constitutes a breach of these Terms, which may result in the immediate termination of your Account;
agree to refrain from using as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to
Except as otherwise provided herein, if you do not agree to be bound by this Agreement, you may not access or use the Services.
2. USERS’ REPRESENTATIONS & WARRANTIES
Representations and warranties are statements and promises made by you to the Company, which we rely on as being accurate in our dealings with you. You make the following representations and warranties to us at the time of agreeing to the terms and conditions contained in this Agreement and every time you use the Services;
You are over the age of 18 years;
You are of sound mind and have the capacity to enter into a legally binding contract;
All personal information that you provide about yourself is accurate and true to the best of your knowledge;
Where applicable, all information you provide about your company is accurate and true to the best of your knowledge;
You have carefully considered the risks involved in using the Services
If you are registering or accepting the terms and conditions contained in this Agreement on behalf of a legal entity such as a company, trust or partnership, you are legally authorised to do so and we may request evidence of such legal entitlement (by way of a copy of any document which shows the valid and subsisting authorisation);
You shall be solely responsible for the use of the Services you subscribe fo, including the quality and integrity of any data and other information made available to us by you through the use of the Services under this Agreement;
You shall obtain such professional advice as is appropriate to protect your interests, including legal, tax, accounting and other advice; and
You are not breaching any laws or regulations that are applicable to you or any company, trust or partnership upon whose instructions you are acting
3. YOUR ACCOUNT
Your Account may also include billing information you provide to the Company for the purchase of Subscriptions;
You are over the age of 18 years;
You may not reveal, share or otherwise allow others to use your password or Account except as otherwise specifically authorized by the Company;
You are responsible for the confidentiality of your login details and password and for the security of your mobile device, tablet or computer system and any other means through which you access the Services;
The Company is not responsible for the use of your password and Account or for all of the communication and activity on the Services that result from the use of your login name and password by you, or by any person to whom you may have intentionally or by negligence disclosed your login and/or password in violation of this confidentiality provision;
The Company is not responsible for the use of your Account by a person who fraudulently used your login and password without your permission. If you believe that the confidentiality of your login and/or password may have been compromised, you must notify the Company via the support channels on the Website without any delay.
4. FEES AND PAYMENT TERMS
Our Services are provided under a monthly or annual plan. We may also offer a Subscription under a free plan for a limited period of time.
You authorize the Company to share any payment information and instructions required to complete the payment transactions with its third-party payment service providers and no additional notice or consent is required for the foregoing authorizations.
If you use the Service under the free plan, you will not be charged by the Company until the free plan expires
When you sign up for a paid monthly or annual plan, you agree to recurring billing, starting on the date you sign up. Billing occurs on the same day each month, based on the date that you subscribed for the plan.
You may cancel your Subscription and you may choose to do so through your Account settings.
Subject to your Subscription, you agree to pay fees in accordance with the applicable rates available on our Website.
Subject to the requirements of the law, the Company will not refund paid subscription fees. The Company may however consider limited refund requests on a case-by-case basis
The Company reserves the right to change the subscription fees at any time and in its sole discretion. You will be notified of such change and the change will take effect at the expiration of the current subscription period.
You will notify us in writing in the event you dispute any fees paid or payable by you under this Agreement. If you dispute any fees, you agree to act reasonably and in good faith and will cooperate diligently with us to resolve the dispute. You will provide such notice to us within 30 (thirty) working days of the date we bill you for such fees that are in dispute and the parties will work together to resolve the dispute promptly.
Payments for our Services can be made with your debit and credit cards.
You agree to provide us with your valid debit or credit card (“Card”) information and authorize us to deduct the subscription fee and applicable charges against that Card.
Where your Card expires, you agree to replace your billing information with the information of a valid card. You acknowledge and agree that we’re authorized to deduct any charges on your account against the new card.
Anyone using a Card represents and warrants that they are authorized to use that card, and that all charges may be billed to that card and won’t be rejected. Where we are unable to process your card order, we will contact you by email and may suspend our services to you and your access to the Services until your payment can be processed.
5. INTELLECTUAL PROPERTY
The Services and its original content, features and functionality are and will remain the exclusive property of the Company. Our trademarks may not be used in connection with any product or service without our prior written consent.
The Company enables Users to (i) create, upload, post, send, receive and store content, such as text, photos, audio, video, or other materials and information on the App ("User Content"); and (ii) access and view User Content and any content that we make available on or through the Platform, including our proprietary content and any content licensed or authorized for use by or through the Company from a third party ("Company’s Content" and together with User Content, "Collective Content").
You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Website or Collective Content, except to the extent that you are the legal owner of certain User Content or as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by the Company or its licensors, except for the licenses and rights expressly granted in this Agreement.
Subject to your compliance with this Agreement, the Company grants you a limited, non- exclusive, non-sub licensable, revocable, non-transferable license to access and view any Collective Content made available on or through the website and accessible to you, solely for your personal and non-commercial use.
Users shall not directly or indirectly: (i) decipher, decompile, disassemble, reverse engineer, or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service, except to the extent applicable laws specifically prohibit such restriction; (ii) modify, translate, or otherwise create derivative works of any part of the Service; or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder.
6. PROHIBITED ACTIVITIES
You shall not use the Services for any purpose that is prohibited by these Terms. You are responsible for all of your activity in connection with the Services. Violation of our rules may result in the termination and cancellation of your account. You acknowledge and agree that we may terminate any Account at any time for any reason (including, but not limited to, our independent assessment or the receipt of claims or allegations from third parties or authorities).
Users shall not utilize the Website or the App for any illegal purpose.
You are solely responsible for compliance with any and all laws, rules, regulations, and obligations that may apply to your use of the Services. In connection with your use of the Services, you will not and will not assist or enable others to:
Breach or circumvent any applicable laws or regulations, agreements with third-parties, third-party rights, or our Terms
Use the Website and/or App or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies endorsement, partnership or otherwise misleads others as to your affiliation with the Company;
Use, display, mirror or frame the Website and/or App or Collective Content, or any individual element, the Company’s name, any trademark, logo or other proprietary information belonging to the Company, without the Company’s express written consent;
Use the Website and/or App in connection with the distribution of unsolicited commercial messages or for the distribution of content that violate any laws;
Use the Platform with the intention to circumvent any Subscription Fees or for any other reason;
Discriminate against or harass anyone on the basis of race, tribe, origin, religion, gender, physical or mental disability, medical condition, marital status, or age, or otherwise engage in any abusive or disruptive behaviour;
Use any automated means or processes to access, collect data or other content from or otherwise interact with the Website and/or App for any purpose;
Avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by the Company or any of the Company’s service providers or any other third party to protect the Website and/or App
Take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the Website and/or App.
You acknowledge that the Company has no obligation to monitor the access to or use of the Services by any User or to review, disable access to, or edit any User Content, but has the right to do so to ensure the following:
Operate, secure and improve the Wesbite and/or App (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes.
Ensure Users’ compliance with this Agreement;
Comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; and
Respond to User Content that it determines is harmful or objectionable.
As otherwise set forth in these Terms. Users agree to cooperate with and assist the Company in good faith, and to provide the Company with such information and take such actions as may be reasonably requested by the Company with respect to any investigation undertaken by the Company or a representative of the Company regarding the use or abuse of the Website and/or the App.
8. THIRD PARTY LINKS/ WEBSITES
The Website and/or App may contain links to third-party websites or services that are not owned or controlled by the Company. When you click on such a link, we will warn you that you have left the Website and/or App. The Company does not control and is not responsible for third-party links. The Company provides these links only as a convenience and does not review, approve, monitor, endorse, warrant or make any representations with respect to them, or any content, products or services accessible through such links, your use of all third-party links is at your own risk.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that the Company 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 websites or services. We strongly advise you to read the terms and conditions and privacy policies of any third- party websites or services that you visit.
By registering an Account on the Website and/or App, you hereby consent to receive electronic communications from the Company. These communications may involve sending emails to the email address you provided when you registered your Account, or delivering electronic communications via your Account. You agree that any communications we send to you electronically, will satisfy any legal requirements for the delivery of communications in writing or other appropriate methods. If you no longer want to receive certain communications via email, please click on the Unsubscribe link provided in any such communication sent to you or contact our authorized channels for support.
You agree to indemnify and hold harmless the Company, its affiliates and subsidiaries, its officers, directors, employees and agents, against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest penalties and legal and other reasonable professional costs and expenses) suffered or incurred as a result of:
Your fraudulent or illegal use of the Platform;
Your negligence or any default by you of any of these Terms;
Any inaccurate or incomplete information that you have knowingly provided to us; and
Your allowing any other person to access your account either with your permission or as a result of your failure to keep your login details and password private or failure to report any compromise on your account to us
11. Limitation of Liability
Neither the Company, its directors, employees, partners, agents, suppliers, or affiliates, 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 or in any way connected to your use of the Services, the Website, App even in the event of the Company’s or its affiliates’ fault, tort, negligence, strict liability or breach of the Company’s warranty and even if it has been advised of the possibility of such damages. These limitations and liability exclusions apply even if any remedy fails to provide adequate recompense. Your sole and exclusive remedy for dissatisfaction with the Services or any third party materials is to stop using the Services. Without limiting the foregoing, under no circumstances will the total aggregate amount that the Company or any of its related parties are liable to you exceed the monthly or annual subscription fee already paid by you to access the Services.
You expressly understand and agree that to your use of the Services is at your sole risk. The Services are provided on an “AS IS” and “AS AVAILABLE” basis. The Services are provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non- infringement or course of performance.
The Company, its subsidiaries, affiliates, and its licensors do not warrant that (i) the Services will meet your expectations or requirements; (ii) Your use of the Services will be uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Services is free of viruses or other harmful components; or d) the results of using the Platform will meet your requirements.
The Company its subsidiaries, affiliates, and licensors shall not be liable for any technical or other difficulties which may result in failure to obtain data, loss of data, the untimeliness, inaccuracy, deletion, non-delivery or failure to store any User Content, personalization settings, or other service interruptions, whether or not the Company has been advised of the possibility of such difficulties
13. TERM AND TERMINATION
The term of this Agreement commences on the date you first indicate your acceptance of this Agreement and will continue in effect until otherwise terminated in accordance with this Agreement.
You may cancel your Account at anytime. You may cease use of a subscription at anytime or if you choose, you may request that the Company terminate your access to a subscription. Subscriptions are not transferable. You are responsible for any charges incurred to third-party vendors before your cancellation.
The Company may terminate your Account or any particular subscriptions at anytime in the event that the Company ceases to provide such subscriptions to Users generally or you breach any terms of this Agreement. In the event that your Account or a particular subscription is terminated or cancelled by the Company for a violation of this Agreement or improper or illegal activity, no refund, including any subscription fees would be granted.
Clauses 1, 2, 7-12, 14 and 15 will survive any expiration or termination of this Agreement
14. Governing Law
These Terms shall be governed and construed in accordance with the laws of the Federal Republic of Nigeria, without regard to its conflict of law provisions. Your use of the Service may also be subject to other local, state, national or international laws.
Our failure to enforce any right or provision of this Agreement will not be considered a waiver of those rights. If any provision of this Agreement is held to be invalid or unenforceable by a court, the remaining provisions of this Agreement will remain in effect. This Agreement constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
15. Dispute Resolution
Any disputes arising under or in connection with the validity, interpretation and performance of this Agreement between the Company and any third parties shall initially be resolved amicably by the parties through negotiation within 30 (thirty) days.
Where the parties are unable to resolve the dispute amicably, the parties agree that any legal action or proceeding relating to this Agreement may be instituted in the High court of Lagos State, and agree to submit to the jurisdiction of the court and agree that venue is proper in, in any such action or proceeding.
This Agreement and your rights and obligations hereunder, may not be assigned subcontracted, delegated or otherwise transferred by you without the Company’s prior written consent and any attempted assignment, subcontract, delegation or transfer in violation of the foregoing will be null and void. You agree that this Agreement is not intended to confer and does not confer any rights or remedies upon any person other than the User and the Company.
17. FORCE MAJEURE
The Company shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including but not limited to acts of God, warm terrorism, riots, lockdowns, pandemics and epidemics, riots, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labour or materials.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to our Website or Services. You may submit your feedback by emailing firstname.lastname@example.org. Any feedback you submit to us will be considered non-confidential and non-proprietary to you. By submitting any feedback to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.
19. Changes to Terms & Conditions
The Company reserves the right, in its sole discretion, to change the Terms under which the Service is offered. The most current version of the Terms will supersede all previous versions. The Company encourages you to periodically review the Terms to stay informed of our updates.
20. Contact Us
This document was last updated on May, 08 2022.